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 

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A BILL

To amend sections 3501.01, 3501.02, 3501.03, 3501.05,

1

3501.07, 3501.10, 3501.11, 3501.17, 3501.18,

2

3501.21, 3501.30, 3501.38, 3503.01, 3503.04,

3

3503.06, 3503.10, 3503.11, 3503.14, 3503.15,

4

3503.16, 3503.19, 3503.21, 3503.24, 3503.28,

5

3505.03, 3505.04, 3505.06, 3505.062, 3505.08,

6

3505.10, 3505.12, 3505.13, 3505.18, 3505.181,

7

3505.182, 3505.183, 3505.20, 3505.21, 3505.23,

8

3505.28, 3505.30, 3506.11, 3506.12, 3506.21,

9

3509.01, 3509.02, 3509.03, 3509.031, 3509.04,

10

3509.05, 3509.06, 3509.08, 3509.09, 3511.02,

11

3511.04, 3511.05, 3511.06, 3511.08, 3511.10,

12

3511.11, 3511.13, 3513.05, 3513.19, 3513.30,

13

3513.31, 3517.01, 3517.012, 3517.02, 3517.03,

14

3521.03, 4507.13, and 4507.52, to enact new

15

sections 3509.07 and 3511.09 and sections

16

125.042, 3503.141, 3503.142, 3507.01, 3507.02,

17

3507.03, 3511.041, 3599.121, and 3599.191, and to

18

repeal sections 3503.18, 3505.19, 3505.22,

19

3506.13, 3509.07, 3511.07, 3511.09, 3511.12, and

20

3513.20 of the Revised Code to revise the

21

Election Law.

22

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

Section 1. That sections 3501.01, 3501.02, 3501.03, 3501.05,	23
3501.07, 3501.10, 3501.11, 3501.17, 3501.18, 3501.21, 3501.30,	24
3501.38, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11, 3503.14,	25
3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28, 3505.03,	26
3505.04, 3505.06, 3505.062, 3505.08, 3505.10, 3505.12, 3505.13,	27
3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21,	28
3505.23, 3505.28, 3505.30, 3506.11, 3506.12, 3506.21, 3509.01,	29
3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08,	30
3509.09, 3511.02, 3511.04, 3511.05, 3511.06, 3511.08, 3511.10,	31
3511.11, 3511.13, 3513.05, 3513.19, 3513.30, 3513.31, 3517.01,	32
3517.012, 3517.02, 3517.03, 3521.03, 4507.13, and 4507.52 be	33
amended and new sections 3509.07 and 3511.09 and sections	34
125.042, 3503.141, 3503.142, 3507.01, 3507.02, 3507.03,	35
3511.041, 3599.121, and 3599.191 of the Revised Code be enacted	36
to read as follows:	37

Sec. 125.042. (A) The department of administrative services,	38
by rule adopted under Chapter 119. of the Revised Code, shall	39
establish a purchasing program through which the department enters	40
into purchase contracts for supplies used by boards of elections,	41
including any polling place supplies required under section	42
3501.30 of the Revised Code. A board of elections that opts to	43
participate in the purchasing program may purchase its supplies	44
through the contracts entered into by the department.	45

(B) Purchases that a board of elections makes under this	46
section are exempt from any competitive selection procedures	47
otherwise required by law.	48

Sec. 3501.01.  As used in the sections of the Revised Code	49
relating to elections and political communications:	50

(A) "General election" means the election held on the first	51
Tuesday after the first Monday in each November.	52

(B) "Regular municipal election" means the election held on	53
the first Tuesday after the first Monday in November in each	54
odd-numbered year.	55

(C) "Regular state election" means the election held on the	56
first Tuesday after the first Monday in November in each	57
even-numbered year.	58

(D) "Special election" means any election other than those	59
elections defined in other divisions of this section. A special	60
election may be held only on the first Tuesday after the first	61
Monday in February, May, August, or November, or on the day	62
authorized by a particular municipal or county charter for the	63
holding of a primary election, except that in any year in which a	64
presidential primary election is held, no special election shall	65
be held in February or May, except as authorized by a municipal or	66
county charter, but may be held on the first Tuesday after the	67
first Monday in March.	68

(E)(1) "Primary" or "primary election" means an election held	69
for the purpose of nominating persons as candidates of political	70
parties for election to offices, and for the purpose of electing	71
persons as members of the controlling committees of political	72
parties and as delegates and alternates to the conventions of	73
political parties. Primary elections shall be held on the first	74
Tuesday after the first Monday in May of each year except in years	75
in which a presidential primary election is held.	76

(2) "Presidential primary election" means a primary election	77
as defined by division (E)(1) of this section at which an election	78
is held for the purpose of choosing delegates and alternates to	79
the national conventions of the major political parties pursuant	80
to section 3513.12 of the Revised Code. Unless otherwise	81
specified, presidential primary elections are included in	82
references to primary elections. In years in which a presidential	83
primary election is held, all primary elections shall be held on	84
the first Tuesday after the first Monday in March except as	85
otherwise authorized by a municipal or county charter.	86

(F) "Political party" means any group of voters meeting the	87
requirements set forth in section 3517.01 of the Revised Code for	88
the formation and existence of a political party.	89

(1) "Major political party" means any political party	90
organized under the laws of this state whose candidate for any of	91
the offices of governor, secretary of state, auditor of state,	92
treasurer of state, attorney general, or United States senator or	93
nominees for presidential electors received no less than twenty	94
per cent of the total vote cast for such officeany of those	95
offices at either of the two most recent regular state election	96
elections.	97

(2) "Intermediate political party" means any political party	98
organized under the laws of this state whose candidate for	99
governor or nominees for presidential electors received less than	100
twenty per cent but not less than ten per cent of the total vote	101
cast for such office at the most recent regular state election.	102

(3) "Minor political party" means any political party	103
organized under the laws of this state whose candidate for any of	104
the offices of governor, secretary of state, auditor of state,	105
treasurer of state, attorney general, or United States senator or	106
nominees for presidential electors received less than tentwenty	107
per cent but not less than fiveone per cent of the total vote	108
cast for such officeany of those offices at either of the two	109
most recent regular state electionelections or which has filed	110
with the secretary of state, subsequent to any electiontwo	111
successive regular state elections in which it received less than	112
fiveone per cent of suchthe vote for any of those offices, a	113
petition signed by qualified electors equal in number to at least	114
one-quarter of one per cent of the total vote cast for suchthe	115
office of governor in the last preceding regular state election,	116
except that a newly formed political party shall be known as a	117
minor political party until the time of the first regular state	118
election for governor or president whichthat occurs not less	119
than twelve months subsequent to the formation of such party,	120
after which election the status of such party as either a major	121
or minor political party shall be determined by the vote	122
percentage received by the party's candidate for any of the	123
officeoffices of governor or president, secretary of state,	124
auditor of state, treasurer of state, attorney general, or United	125
States senator, or nominees for presidential electors.	126

(G) "Dominant party in a precinct" or "dominant political	127
party in a precinct" means that political party whose candidate	128
for election to the office of governor at the most recent regular	129
state election at which a governor was elected received more votes	130
than any other person received for election to that office in such	131
precinct at such election.	132

(H) "Candidate" means any qualified person certified in	133
accordance with the provisions of the Revised Code for placement	134
on the official ballot of a primary, general, or special election	135
to be held in this state, or any qualified person who claims to be	136
a write-in candidate, or who knowingly assents to being	137
represented as a write-in candidate by another at either a	138
primary, general, or special election to be held in this state.	139

(I) "Independent candidate" means any candidate who claims	140
not to be affiliated with a political party, and whose name has	141
been certified on the office-type ballot at a general or special	142
election through the filing of a statement of candidacy and	143
nominating petition, as prescribed in section 3513.257 of the	144
Revised Code.	145

(J) "Nonpartisan candidate" means any candidate whose name is	146
required, pursuant to section 3505.04 of the Revised Code, to be	147
listed on the nonpartisan ballot, including all candidates for	148
judicial office, for member of any board of education, for	149
municipal or township offices in which primary elections are not	150
held for nominating candidates by political parties, and for	151
offices of municipal corporations having charters that provide for	152
separate ballots for elections for these offices.	153

(K) "Party candidate" means any candidate who claims to be a	154
member of a political party, whose name has been certified on the	155
office-type ballot at a general or special election through the	156
filing of a declaration of candidacy and petition of candidate,	157
and who has won the primary election of the candidate's party for	158
the public office the candidate seeks, is nominated pursuant to	159
section 3513.02 of the Revised Code, or is selected by party	160
committee in accordance with section 3513.31 of the Revised Code.	161

(L) "Officer of a political party" includes, but is not	162
limited to, any member, elected or appointed, of a controlling	163
committee, whether representing the territory of the state, a	164
district therein, a county, township, a city, a ward, a precinct,	165
or other territory, of a major, intermediate, or minor political	166
party.	167

(M) "Question or issue" means any question or issue certified	168
in accordance with the Revised Code for placement on an official	169
ballot at a general or special election to be held in this state.	170

(N) "Elector" or "qualified elector" means a person having	171
the qualifications provided by law to be entitled to vote.	172

(O) "Voter" means an elector who votes at an election.

173

(P) "Voting residence" means that place of residence of an	174
elector which shall determine the precinct in which the elector	175
may vote.	176

(Q) "Precinct" means a district within a county established	177
by the board of elections of such county within which all	178
qualified electors having a voting residence therein may vote at	179
the same polling place.	180

(R) "Polling place" means that place provided for each	181
precinct at which the electors having a voting residence in such	182
precinct may vote.	183

(S) "Board" or "board of elections" means the board of	184
elections appointed in a county pursuant to section 3501.06 of the	185
Revised Code.	186

(T) "Political subdivision" means a county, township, city,	187
village, or school district.	188

(U) "Election officer" or "election official" means any of	189
the following:	190

(1) Secretary of state;

191

(2) Employees of the secretary of state serving the division	192
of elections in the capacity of attorney, administrative officer,	193
administrative assistant, elections administrator, office manager,	194
or clerical supervisor;	195

(3) Director of a board of elections;

196

(4) Deputy director of a board of elections;

197

(5) Member of a board of elections;

198

(6) Employees of a board of elections;

199

(7) Precinct polling place judges;

200

(8) Employees appointed by the boards of elections on a	201
temporary or part-time basis.	202

(V) "Acknowledgment notice" means a notice sent by a board of	203
elections, on a form prescribed by the secretary of state,	204
informing a voter registration applicant or an applicant who	205
wishes to change the applicant's residence or name of the status	206
of the application; the information necessary to complete or	207
update the application, if any; and if the application is	208
complete, the precinct in which the applicant is to vote.	209

(W) "Confirmation notice" means a notice sent by a board of	210
elections, on a form prescribed by the secretary of state, to a	211
registered elector to confirm the registered elector's current	212
address.	213

(X) "Designated agency" means an office or agency in the	214
state that provides public assistance or that provides	215
state-funded programs primarily engaged in providing services to	216
persons with disabilities and that is required by the National	217
Voter Registration Act of 1993 to implement a program designed and	218
administered by the secretary of state for registering voters, or	219
any other public or government office or agency that implements a	220
program designed and administered by the secretary of state for	221
registering voters, including the department of job and family	222
services, the program administered under section 3701.132 of the	223
Revised Code by the department of health, the department of mental	224
health, the department of mental retardation and developmental	225
disabilities, the rehabilitation services commission, and any	226
other agency the secretary of state designates. "Designated	227
agency" does not include public high schools and vocational	228
schools, public libraries, or the office of a county treasurer.	229

(Y) "National Voter Registration Act of 1993" means the	230
"National Voter Registration Act of 1993," 107 Stat. 77, 42	231
U.S.C.A. 1973gg.	232

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	233
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	234

(AA) "Photo identification" means a document that meets each	235
of the following requirements:	236

(1) It shows the name of the individual to whom it was	237
issued, which shall substantially conform to the name in the poll	238
list or signature pollbook.	239

(2) It shows the current address of the individual to whom it	240
was issued, which shall conform to the address in the poll list or	241
signature pollbook, except for a driver's license or a state	242
identification card issued under section 4507.50 of the Revised	243
Code, which may show either the current or former address of the	244
individual to whom it was issued, regardless of whether that	245
address conforms to the address in the poll list or signature	246
pollbook.	247

(3) It shows a photograph of the individual to whom it was	248
issued.	249

(4)(3) It includesis not expired, if an expiration date that	250
has not passedappears on the document.	251

(5)(4) It was issued by the government of the United States	252
or this state.	253

(BB) "Identification" means either of the following:

254

(1) A current and valid photo identification;

255

(2) Any two items that meet all of the following criteria:

256

(a) The item lists the elector's name in a manner that	257
substantially conforms to the elector's name in the statewide	258
voter registration database.	259

(b) The item was issued by any of the following sources:

260

(i) A nonprofit organization;

261

(ii) An institution;

262

(iii) A business; or

263

(iv) A government entity.

264

(c) The item is current and valid.

265

(CC) "First-time mail-in registrant" means an individual who	266
submitted a voter registration application by mail, who has not	267
previously voted in a federal election in this state, and who did	268
not include any of the following with the voter registration	269
application:	270

(1) The applicant's driver's license number;

271

(2) At least the last four digits of the applicant's social	272
security number;	273

(3) A copy of a current and valid photo identification that	274
shows the name and address of the applicant; or	275

(4) A copy of a current utility bill, bank statement,	276
government check, paycheck, or other government document that	277
shows the name and address of the applicant.	278

(DD) "First-time mail-in registrant identification" means a	279
current and valid photo identification or a copy of a current	280
utility bill, bank statement, government check, paycheck, or	281
other government document that shows the name and address of the	282
elector.	283

Sec. 3501.02.  General elections in the state and its	284
political subdivisions shall be held as follows:	285

(A) For the election of electors of president and	286
vice-president of the United States, in the year of 1932 and every	287
four years thereafter;	288

(B) For the election of a member of the senate of the United	289
States, in the years 1932 and 1934, and every six years after each	290
of such years; except as otherwise provided for filling vacancies;	291

(C) For the election of representatives in the congress of	292
the United States and of elective state and county officers	293
including elected members of the state board of education, in the	294
even-numbered years; except as otherwise provided for filling	295
vacancies;	296

(D) For municipal and township officers, members of boards of	297
education, judges and clerks of municipal courts, in the	298
odd-numbered years;	299

(E) Proposed constitutional amendments or proposed measures	300
submitted by the general assembly or by initiative or referendum	301
petitions to the voters of the state at large may be submitted to	302
at the general election in any year occurring at least sixtyone	303
hundred twenty-five days, in case of a referendum, and ninetyone	304
hundred twenty-five days, in the case of an initiated measure,	305
subsequent to the filing of the petitions therefor. Proposed	306
constitutional amendments submitted by the general assembly to	307
the voters of the state at large may be submitted at a special	308
election occurring on the day in any year specified by division	309
(E) of section 3501.01 of the Revised Code for the holding of a	310
primary election, when a special election on that date is	311
designated by the general assembly in the resolution adopting the	312
proposed constitutional amendment.	313

NoNotwithstanding any provision of the Revised Code to the	314
contrary, no special election shall be held on a day other than	315
the day that a primary election may be held or the day of a	316
general election, unless a law ormunicipal or county charter	317
provides otherwise, regarding the submission of a question or	318
issue to the voters of a county, township, city, village, or	319
school district, or other district.	320

(F) Any question or issue, except a candidacy, to be voted	321
upon at an election shall be certified, for placement upon the	322
ballot, to the board of elections not later than four p.m. of the	323
seventy-fifth day before the day of the election.	324

Sec. 3501.03. (A) At least ten days before the time for	325
holding an election the board of elections shall give public	326
notice by a proclamation, posted in a conspicuous place in the	327
courthouse and city hall, or by one insertion in a newspaper	328
published in the county, but if no newspaper is published in such	329
county, then in a newspaper of general circulation therein.	330

(B) In the case of an election by mail held under Chapter	331
3507. of the Revised Code, the board shall give the notice	332
required by division (A) of this section at least ten days before	333
the date on which the board mails the absent voter's ballots	334
pursuant to section 3507.02 of the Revised Code. The notice shall	335
indicate that a person who is a qualified elector may vote at the	336
office of the board if the person moves from one precinct to	337
another or changes the person's name on or prior to the day	338
before the election and has not filed with the board a notice of	339
change of residence or change of name, respectively.	340

(C) The board shall have authority to publicize information	341
relative to registration or elections.	342

Sec. 3501.05.  The secretary of state shall do all of the	343
following:	344

(A) Appoint all members of boards of elections;

345

(B) Issue instructions by directives and advisories in	346
accordance with section 3501.053 of the Revised Code to members of	347
the boards as to the proper methods of conducting elections.;	348

(C) Prepare rules and instructions for the conduct of	349
elections;	350

(D) Publish and furnishProvide to the boards from time to	351
time a sufficient number of indexed copies ofan electronic link	352
to all election laws then in force;	353

(E) Edit and issue all pamphlets concerning proposed laws or	354
amendments required by law to be submitted to the voters;	355

(F) Prescribe the form of registration cards, blanks, and	356
records;	357

(G) Determine and prescribe the forms of ballots and the	358
forms of all blanks, cards of instructions, pollbooks, tally	359
sheets, certificates of election, and forms and blanks required by	360
law for use by candidates, committees, and boards;	361

(H) Prepare the ballot title or statement to be placed on the	362
ballot for any proposed law or amendment to the constitution to be	363
submitted to the voters of the state;	364

(I) Except as otherwise provided in section 3519.08 of the	365
Revised Code, certify to the several boards the forms of ballots	366
and names of candidates for state offices, and the form and	367
wording of state referendum questions and issues, as they shall	368
appear on the ballot;	369

(J) Except as otherwise provided in division (I)(2)(b) of	370
section 3501.38 of the Revised Code, give final approval to ballot	371
language for any local question or issue approved and transmitted	372
by boards of elections under section 3501.11 of the Revised Code;	373

(K) Receive all initiative and referendum petitions on state	374
questions and issues and determine and certify to the sufficiency	375
of those petitions;	376

(L) Require such reports from the several boards as are	377
provided by law, or as the secretary of state considers necessary;	378

(M) Compel the observance by election officers in the several	379
counties of the requirements of the election laws;	380

(N)(1) Except as otherwise provided in division (N)(2) of	381
this section, investigate the administration of election laws,	382
frauds, and irregularities in elections in any county, and report	383
violations of election laws to the attorney general or prosecuting	384
attorney, or both, for prosecution;	385

(2) On and after August 24, 1995, report a failure to comply	386
with or a violation of a provision in sections 3517.08 to 3517.13,	387
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	388
Revised Code, whenever the secretary of state has or should have	389
knowledge of a failure to comply with or a violation of a	390
provision in one of those sections, by filing a complaint with the	391
Ohio elections commission under section 3517.153 of the Revised	392
Code;	393

(O) Make an annual report to the governor containing the	394
results of elections, the cost of elections in the various	395
counties, a tabulation of the votes in the several political	396
subdivisions, and other information and recommendations relative	397
to elections the secretary of state considers desirable;	398

(P) Prescribe and distribute to boards of elections a list of	399
instructions indicating all legal steps necessary to petition	400
successfully for local option elections under sections 4301.32 to	401
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	402

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	403
for the removal by boards of elections of ineligible voters from	404
the statewide voter registration database and, if applicable,	405
from the poll list or signature pollbook used in each precinct,	406
which rules shall provide for all of the following:	407

(1) A process for the removal of voters who have changed	408
residence, which shall be uniform, nondiscriminatory, and in	409
compliance with the Voting Rights Act of 1965 and the National	410
Voter Registration Act of 1993, including a program that uses the	411
national change of address service provided by the United States	412
postal system through its licensees;	413

(2) A process for the removal of ineligible voters under	414
section 3503.21 of the Revised Code;	415

(3) A uniform system for marking or removing the name of a	416
voter who is ineligible to vote from the statewide voter	417
registration database and, if applicable, from the poll list or	418
signature pollbook used in each precinct and noting the reason	419
for that mark or removal.	420

(R) Prescribe a general program for registering voters or	421
updating voter registration information, such as name and	422
residence changes, by boards of elections, designated agencies,	423
offices of deputy registrars of motor vehicles, public high	424
schools and vocational schools, public libraries, and offices of	425
county treasurers consistent with the requirements of section	426
sections 3503.09 to 3503.11 of the Revised Code;	427

(S) Prescribe a program of distribution of voter	428
registration forms through boards of elections, designated	429
agencies, offices of the registrar and deputy registrars of motor	430
vehicles, public high schools and vocational schools, public	431
libraries, and offices of county treasurers;	432

(T) To the extent feasible, provide copies, at no cost and	433
upon request, of the voter registration form in post offices in	434
this state;	435

(U) Adopt rules pursuant to section 111.15 of the Revised	436
Code for the purpose of implementing the program for registering	437
voters through boards of elections, designated agencies, and the	438
offices of the registrar and deputy registrars of motor vehicles	439
consistent with this chapter and the requirements of sections	440
3503.09 to 3503.11 of the Revised Code;	441

(V) Establish the full-time position of Americans with	442
Disabilities Act coordinator within the office of the secretary of	443
state to do all of the following:	444

(1) Assist the secretary of state with ensuring that there is	445
equal access to polling places for persons with disabilities;	446

(2) Assist the secretary of state with ensuring that each	447
voter may cast the voter's ballot in a manner that provides the	448
same opportunity for access and participation, including privacy	449
and independence, as for other voters;	450

(3) Advise the secretary of state in the development of	451
standards for the certification of voting machines, marking	452
devices, and automatic tabulating equipment.	453

(W) Establish and maintain a computerized statewide database	454
of all legally registered voters under section 3503.15 of the	455
Revised Code that complies with the requirements of the "Help	456
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	457
and provide training in the operation of that system;	458

(X) Ensure that all directives, advisories, other	459
instructions, or decisions issued or made during or as a result of	460
any conference or teleconference call with a board of elections to	461
discuss the proper methods and procedures for conducting	462
elections, to answer questions regarding elections, or to discuss	463
the interpretation of directives, advisories, or other	464
instructions issued by the secretary of state are posted on a web	465
site of the office of the secretary of state as soon as is	466
practicable after the completion of the conference or	467
teleconference call, but not later than the close of business on	468
the same day as the conference or teleconference call takes	469
place.;	470

(Y) Publish a report on a web site of the office of the	471
secretary of state not later than one month after the completion	472
of the canvass of the election returns for each primary and	473
general election, identifying, by county, the number of absent	474
voter's ballots cast and the number of those ballots that were	475
counted, and the number of provisional ballots cast and the number	476
of those ballots that were counted, for that election. The	477
secretary of state shall maintain the information on the web site	478
in an archive format for each subsequent election.	479

(Z) Conduct voter education outlining voter identification,	480
absent voters ballot, provisional ballot, and other voting	481
requirements;	482

(AA) Establish a procedure by which a registered elector may	483
make available to a board of elections a more recent signature	484
to be used in the poll list or signature pollbook produced by	485
the board of elections of the county in which the elector	486
resides;	487

(BB) Disseminate information, which may include all or part	488
of the official explanations and arguments, by means of direct	489
mail or other written publication, broadcast, or other means or	490
combination of means, as directed by the Ohio ballot board under	491
division (F) of section 3505.062 of the Revised Code, in order to	492
inform the voters as fully as possible concerning each proposed	493
constitutional amendment, proposed law, or referendum;	494

(CC) Perform other duties required by law.

495

Whenever a primary election is held under section 3513.32 of	496
the Revised Code or a special election is held under section	497
3521.03 of the Revised Code to fill a vacancy in the office of	498
representative to congress, the secretary of state shall establish	499
a deadline, notwithstanding any other deadline required under the	500
Revised Code, by which any or all of the following shall occur:	501
the filing of a declaration of candidacy and petitions or a	502
statement of candidacy and nominating petition together with the	503
applicable filing fee; the filing of protests against the	504
candidacy of any person filing a declaration of candidacy or	505
nominating petition; the filing of a declaration of intent to be a	506
write-in candidate; the filing of campaign finance reports; the	507
preparation of, and the making of corrections or challenges to,	508
precinct voter registration lists; the receipt of applications for	509
absent voter's ballots or armed service absent voter's ballots;	510
the supplying of election materials to precincts by boards of	511
elections; the holding of hearings by boards of elections to	512
consider challenges to the right of a person to appear on a voter	513
registration list; and the scheduling of programs to instruct or	514
reinstruct election officers.	515

In the performance of the secretary of state's duties as the	516
chief election officer, the secretary of state may administer	517
oaths, issue subpoenas, summon witnesses, compel the production of	518
books, papers, records, and other evidence, and fix the time and	519
place for hearing any matters relating to the administration and	520
enforcement of the election laws.	521

In any controversy involving or arising out of the adoption	522
of registration or the appropriation of funds for registration,	523
the secretary of state may, through the attorney general, bring an	524
action in the name of the state in the court of common pleas of	525
the county where the cause of action arose or in an adjoining	526
county, to adjudicate the question.	527

In any action involving the laws in Title XXXV of the Revised	528
Code wherein the interpretation of those laws is in issue in such	529
a manner that the result of the action will affect the lawful	530
duties of the secretary of state or of any board of elections, the	531
secretary of state may, on the secretary of state's motion, be	532
made a party.	533

The secretary of state may apply to any court that is hearing	534
a case in which the secretary of state is a party, for a change of	535
venue as a substantive right, and the change of venue shall be	536
allowed, and the case removed to the court of common pleas of an	537
adjoining county named in the application or, if there are cases	538
pending in more than one jurisdiction that involve the same or	539
similar issues, the court of common pleas of Franklin county.	540

Public high schools and vocational schools, public libraries,	541
and the office of a county treasurer shall implement voter	542
registration programs as directed by the secretary of state	543
pursuant to this section.	544

Sec. 3501.07.  At a meeting held not more than sixty nor less	545
than fifteen days before the expiration date of the term of office	546
of a member of the board of elections, or within fifteen days	547
after a vacancy occurs in the board, the county executive	548
committee of the major political party entitled to the appointment	549
may make and file a recommendation with the secretary of state for	550
the appointment of a qualified elector. The secretary of state	551
shall appoint such elector, unless hethe secretary of state has	552
reason to believe that the elector would not be a competent member	553
of such board. In such cases the secretary of state shall so state	554
in writing to the chairmanchairperson of such county executive	555
committee, with the reasons therefor, and such committee may	556
either recommend another elector or may apply for a writ of	557
mandamus to the supreme court to compel the secretary of state to	558
appoint the elector so recommended. In such action the burden of	559
proof to show the qualifications of the person so recommended	560
shall be on the committee making the recommendation. If no such	561
recommendation is made or if a writ of mandamus has not been	562
granted, the secretary of state shall make the appointment, and	563
that decision shall be final. If a recommendation is made, the	564
secretary shall appoint that elector unless the secretary of state	565
has reason to believe that the elector would not be a competent	566
member of the board. In that case, the secretary of state shall so	567
state in writing to the chairperson of the county executive	568
committee and shall make the appointment. That decision shall be	569
final.	570

If a vacancy on the board of elections is to be filled by a	571
minor or an intermediate political party, authorized officials of	572
that party may within fifteen days after the vacancy occurs	573
recommend a qualified person to the secretary of state for	574
appointment to such vacancymake and file with the secretary of	575
state a recommendation for the appointment of a qualified elector.	576
The secretary of state shall appoint that elector unless the	577
secretary of state has reason to believe that the elector would	578
not be a competent member of the board. In that case, the	579
secretary of state shall so state in writing to the authorized	580
party officials, with the reasons therefor, and the party	581
officials may either recommend another elector or may apply for a	582
writ of mandamus to the supreme court to compel the secretary of	583
state to appoint the elector so recommended. In such action the	584
burden of proof to show the qualifications of the person so	585
recommended shall be on the party officials making the	586
recommendation. If no such recommendation is made or such writ of	587
mandamus has not been granted, the secretary of state shall make	588
the appointment. If a recommendation is made, the secretary shall	589
appoint such elector, unless the secretary of state has reason to	590
believe that the elector would not be a competent member of such	591
board. In such cases the secretary of state shall so state in	592
writing to the authorized party officials, and shall make the	593
appointment. That decision shall be final.	594

Sec. 3501.10.  (A) The board of elections shall, as an	595
expense of the board, provide suitable rooms for its offices and	596
records and the necessary and proper furniture and supplies for	597
those rooms. The board may lease such offices and rooms, necessary	598
to its operation, for the length of time and upon the terms the	599
board deems in the best interests of the public, provided that the	600
term of any such lease shall not exceed fifteen years.	601

Thirty days prior to entering into such a lease, the board	602
shall notify the board of county commissioners in writing of its	603
intent to enter into the lease. The notice shall specify the terms	604
and conditions of the lease. Prior to the thirtieth day after	605
receiving that notice and before any lease is entered into, the	606
board of county commissioners may reject the proposed lease by a	607
majority vote. After receiving written notification of the	608
rejection by the board of county commissioners, the board of	609
elections shall not enter into the lease that was rejected, but	610
may immediately enter into additional lease negotiations, subject	611
to the requirements of this section.	612

The board of elections in any county may, by resolution,	613
request that the board of county commissioners submit to the	614
electors of the county, in accordance with section 133.18 of the	615
Revised Code, the question of issuing bonds for the acquisition of	616
real estate and the construction on it of a suitable building with	617
necessary furniture and equipment for the proper administration of	618
the duties of the board of elections. The resolution declaring the	619
necessity for issuing such bonds shall relate only to the	620
acquisition of real estate and to the construction, furnishing,	621
and equipping of a building as provided in this division.	622

(B) The board of elections in each county shall keep its	623
offices, or one or more of its branch registration offices, open	624
for the performance of its duties until nine p.m. on the last day	625
of registration before a general or primary election. At all other	626
times during each week, the board shall keep its offices and rooms	627
open for a period of time that the board considers necessary for	628
the performance of its duties.	629

(C) The board of elections may maintain permanent or	630
temporary branch offices at any place within the county, provided	631
that, if the board of elections permits electors to vote at a	632
branch office, electors shall not be permitted to vote at any	633
other branch office or any other office of the board of elections.	634
The board shall not employ more than four such locations for the	635
purpose of allowing voters to cast absent voter's ballots in	636
person at an election.	637

An affirmative vote of three members of the board is required	638
to establish more than one location at which voters may cast	639
absent voter's ballots in person at an election. In the case of a	640
tie vote or disagreement in the board, the board shall submit the	641
matter to the secretary of state in accordance with division (X)	642
of section 3501.11 of the Revised Code.	643

If the board votes to establish more than one location at	644
which voters may cast absent voter's ballots in person, the board	645
shall submit to the secretary of state a plan for the location of	646
those voting locations.	647

(D) The secretary of state shall establish, by rule adopted	648
under Chapter 119. of the Revised Code, the form and content for	649
voting location plans required to be submitted to the secretary of	650
state under division (C) of this section. The rules shall address	651
the equitable distribution of locations at which voters may cast	652
absent voter's ballots in person, including the distribution of	653
those locations with respect to a county's unique geography,	654
population distribution, minority voter access, and ease of voter	655
access to the locations. The rules also shall include provisions	656
to ensure, to the extent practical, that the plans will not result	657
in locations that will unduly favor any political party.	658

Sec. 3501.11.  Each board of elections shall exercise by a	659
majority vote all powers granted to the board by Title XXXV of the	660
Revised Code, shall perform all the duties imposed by law, and	661
shall do all of the following:	662

(A) Establish, define, provide, rearrange, and combine	663
election precincts in accordance with section 3501.18 of the	664
Revised Code and any directive the secretary of state may	665
provide;	666

(B) Fix and provide the places for registration and for	667
holding primaries and elections;	668

(C) Provide for the purchase, preservation, and maintenance	669
of booths, ballot boxes, books, maps, flags, blanks, cards of	670
instructions, and other forms, papers, and equipment used in	671
registration, nominations, and elections;	672

(D) Appoint and remove its director, deputy director, and	673
employees and all registrars, judges, and other officers of	674
elections, fill vacancies, and designate the ward or district and	675
precinct in which each shall serve;	676

(E) Make and issue rules and instructions, not inconsistent	677
with law or the rules, directives, or advisories issued by the	678
secretary of state, as it considers necessary for the guidance of	679
election officers and voters;	680

(F) Advertise and contract for the printing of all ballots	681
and other supplies used in registrations and elections, or provide	682
for the acquisition of those supplies through the department of	683
administrative services;	684

(G) Provide for the issuance of all notices, advertisements,	685
and publications concerning elections, except as otherwise	686
provided in division (G) of section 3501.17 and divisions (F) and	687
(G) of section 3505.062 of the Revised Code;	688

(H) Provide for the delivery of ballots, pollbooks, and other	689
required papers and material to the polling places;	690

(I) Cause the polling places to be suitably provided with	691
voting machines, marking devices, automatic tabulating equipment,	692
stalls, and other required supplies. In fulfilling this duty, each	693
board of a county that uses voting machines, marking devices, or	694
automatic tabulating equipment shall conduct a full vote of the	695
board during a public session of the board onprovide for the	696
allocation and distribution of voting machines, marking devices,	697
and automatic tabulating equipment for each precinct in the	698
countyin accordance with section 3506.12 of the Revised Code.	699

(J) Investigate irregularities, nonperformance of duties, or	700
violations of Title XXXV of the Revised Code by election officers	701
and other persons; administer oaths, issue subpoenas, summon	702
witnesses, and compel the production of books, papers, records,	703
and other evidence in connection with any such investigation; and	704
report the facts to the prosecuting attorney or the secretary of	705
state;	706

(K) Review, examine, and certify the sufficiency and validity	707
of petitions and nomination papers, and, after certification,	708
return to the secretary of state all petitions and nomination	709
papers that the secretary of state forwarded to the board;	710

(L) Receive the returns of elections, canvass the returns,	711
make abstracts of them, and transmit those abstracts to the proper	712
authorities;	713

(M) Issue certificates of election on forms to be prescribed	714
by the secretary of state;	715

(N) Make an annual report to the secretary of state, on the	716
form prescribed by the secretary of state, containing a statement	717
of the number of voters registered, elections held, votes cast,	718
appropriations received, expenditures made, and other data	719
required by the secretary of state;	720

(O) Prepare and submit to the proper appropriating officer a	721
budget estimating the cost of elections for the ensuing fiscal	722
year;	723

(P) Perform other duties as prescribed by law or the rules,	724
directives, or advisories of the secretary of state;	725

(Q) Investigate and determine the residence qualifications of	726
electors;	727

(R) Administer oaths in matters pertaining to the	728
administration of the election laws;	729

(S) Prepare and submit to the secretary of state, whenever	730
the secretary of state requires, a report containing the names and	731
residence addresses of all incumbent county, municipal, township,	732
and board of education officials serving in their respective	733
counties;	734

(T) Establish and maintain a voter registration database of	735
all qualified electors in the county who offer to register;	736

(U) Maintain voter registration records, make reports	737
concerning voter registration as required by the secretary of	738
state, and remove ineligible electors from voter registration	739
lists in accordance with law and directives of the secretary of	740
state;	741

(V) Give approval to ballot language for any local question	742
or issue and transmit the language to the secretary of state for	743
the secretary of state's final approval;	744

(W) Prepare and cause the following notice to be displayed in	745
a prominent location in every polling place:	746

"NOTICE	747

Ohio law prohibits any person from voting or attempting to	748
vote more than once at the same election.	749

Violators are guilty of a felony of the fourth degree and	750
shall be imprisoned and additionally may be fined in accordance	751
with law."	752

(X) In all cases of a tie vote or a disagreement in the	753
board, if no decision can be arrived at, the director or	754
chairperson shall submit the matter in controversy, not later than	755
fourteen days after the tie vote or the disagreement, to the	756
secretary of state, who shall summarily decide the question, and	757
the secretary of state's decision shall be final.;	758

(Y) Assist each designated agency, deputy registrar of motor	759
vehicles, public high school and vocational school, public	760
library, and office of a county treasurer in the implementation of	761
a program for registering voters at all voter registration	762
locations as prescribed by the secretary of state. Under this	763
program, each board of elections shall direct to the appropriate	764
board of elections any voter registration applications for persons	765
residing outside the county where the board is located within five	766
days after receiving the applications.	767

(Z) On any day on which an elector may vote in person at the	768
office of the board or at another site designated by the board,	769
consider the board or other designated site a polling place for	770
that day. All requirements or prohibitions of law that apply to a	771
polling place shall apply to the office of the board or other	772
designated site on that day.	773

Sec. 3501.17.  (A) The expenses of the board of elections	774
shall be paid from the county treasury, in pursuance of	775
appropriations by the board of county commissioners, in the same	776
manner as other county expenses are paid. If the board of county	777
commissioners fails to appropriate an amount sufficient to provide	778
for the necessary and proper expenses of the board of elections	779
pertaining to the conduct of elections, the board of elections	780
may apply to the court of common pleas within the county, which	781
shall fix the amount necessary to be appropriated and the amount	782
shall be appropriated. Payments shall be made upon vouchers of the	783
board of elections certified to by its chairperson or acting	784
chairperson and the director or deputy director, upon warrants of	785
the county auditor.	786

The board of elections shall not incur any obligation	787
involving the expenditure of money unless there are moneys	788
sufficient in the funds appropriated therefor to meet the	789
obligation. If the board of elections requests a transfer of funds	790
from one of its appropriation items to another, the board of	791
county commissioners shall adopt a resolution providing for the	792
transfer except as otherwise provided in section 5705.40 of the	793
Revised Code. The expenses of the board of elections shall be	794
apportioned among the county and the various subdivisions as	795
provided in this section, and the amount chargeable to each	796
subdivision shall be withheld by the auditor from the moneys	797
payable thereto at the time of the next tax settlement. At the	798
time of submitting budget estimates in each year, the board of	799
elections shall submit to the taxing authority of each	800
subdivision, upon the request of the subdivision, an estimate of	801
the amount to be withheld from the subdivision during the next	802
fiscal year.	803

(B) Except as otherwise provided in divisiondivisions (C)	804
and (F) of this section, the compensation of the members of the	805
board of elections and of the director, deputy director, and	806
regular employees in the board's offices, other than compensation	807
for overtime worked; the expenditures for the rental, furnishing,	808
and equipping of the office of the board and for the necessary	809
office supplies for the use of the board; the expenditures for	810
the acquisition, repair, care, and custody of the polling places,	811
booths, guardrails, and other equipment for polling places; the	812
cost of tally sheets, maps, flags, ballot boxes, and all other	813
permanent records and equipment; the cost of all elections held	814
in and for the state and county; and all other expenses of the	815
board which are not chargeable to a political subdivision in	816
accordance with this section shall be paid in the same manner as	817
other county expenses are paid.	818

(C) The compensation for overtime worked by members of boards	819
of elections and by the director, deputy director, and regular	820
employees in the office of a board of elections to prepare for and	821
conduct the primary or election; the compensation of judges of	822
elections and intermittent employees in the board's offices; the	823
cost of renting, moving, heating, and lighting polling places	824
and of placing and removing ballot boxes and other fixtures and	825
equipment thereof, including voting machines, marking devices,	826
and automatic tabulating equipment; the cost of printing and	827
delivering ballots, cards of instructions, registration lists	828
required under section 3503.23 of the Revised Code, and other	829
election supplies, including the supplies required to comply	830
with division (H) of section 3506.01 of the Revised Code; the	831
cost of contractors engaged by the board to prepare, program,	832
test, and operate voting machines, marking devices, and	833
automatic tabulating equipment; and all other expenses of	834
conducting primaries and elections in the odd-numbered years	835
shall be charged to the subdivisions in and for which such	836
primaries or elections are held. The charge for each primary or	837
general election in odd-numbered years for each subdivision shall	838
be determined in the following manner: first, the total cost of	839
all chargeable items used in conducting such elections shall be	840
ascertained; second, the total charge shall be divided by the	841
number of precincts participating in such election, in order to	842
fix the cost per precinct; third, the cost per precinct shall be	843
prorated by the board of elections to the subdivisions conducting	844
elections for the nomination or election of offices in such	845
precinct; fourth, the total cost for each subdivision shall be	846
determined by adding the charges prorated to it in each precinct	847
within the subdivision.	848

(D) The entire cost of preparing for and conducting special	849
elections held on a day other than the day of a primary or general	850
election, both in odd-numbered or in even-numbered years, shall be	851
charged to the subdivision. Where a special election is held on	852
the same day as a primary or general election in an even-numbered	853
year, the subdivision submitting the special election shall be	854
charged only for the cost of ballots and advertising. Where a	855
special election is held on the same day as a primary or general	856
election in an odd-numbered year, the subdivision submitting the	857
special election shall be charged for the cost of ballots and	858
advertising for such special election, in addition to the charges	859
prorated to such subdivision for the election or nomination of	860
candidates in each precinct within the subdivision, as set forth	861
in the preceding paragraph.	862

(E) Where a special election is held on the day specified by	863
division (E) of section 3501.01 of the Revised Code for the	864
holding of a primary election, for the purpose of submitting to	865
the voters of the state constitutional amendments proposed by the	866
general assembly, and a subdivision conducts a special election on	867
the same day, the entire cost of preparing for and conducting the	868
special election shall be divided proportionally between the state	869
and the subdivision based upon a ratio determined by the number	870
of issues placed on the ballot by each, except as otherwise	871
provided in division (G) of this section. Such proportional	872
division of cost shall be made only to the extent funds are	873
available for such purpose from amounts appropriated by the	874
general assembly to the secretary of state. If a primary election	875
is also being conducted in the subdivision, the costs shall be	876
apportioned as otherwise provided in this section.	877

(F) When a precinct is open during a general, primary, or	878
special election solely for the purpose of submitting to the	879
voters a statewide ballot issue, the state shall bear the entire	880
cost of the election in that precinct and shall reimburse the	881
county for all expenses incurred in opening the precinct.	882

(G) The state shall bear the entire cost of advertising in	883
newspapers statewide ballot issues, explanations of those issues,	884
and arguments for or against those issues, as required by Section	885
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	886
and any other section of law. Appropriations made to the	887
controlling board shall be used to reimburse the secretary of	888
state for all expenses the secretary of state incurs for such	889
advertising under division (G) of section 3505.062 of the	890
Revised Code.	891

(H) The cost of renting, heating, and lighting registration	892
places; the cost of the necessary books, forms, and supplies for	893
the conduct of registration; and the cost of printing and posting	894
precinct registration lists shall be charged to the subdivision in	895
which such registration is held.	896

(I) At the request of a majority of the members of the board	897
of elections, the board of county commissioners may, by	898
resolution, establish an elections revenue fund. Except as	899
otherwise provided in this division, the purpose of the fund shall	900
be to accumulate revenue withheld by or paid to the county under	901
this section for the payment of any expense related to the duties	902
of the board of elections specified in section 3501.11 of the	903
Revised Code, upon approval of a majority of the members of the	904
board of elections. The fund shall not accumulate any revenue	905
withheld by or paid to the county under this section for the	906
compensation of the members of the board of elections or of the	907
director, deputy director, or other regular employees in the	908
board's offices, other than compensation for overtime worked.	909

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	910
Revised Code, the board of county commissioners may, by	911
resolution, transfer money to the elections revenue fund from any	912
other fund of the political subdivision from which such payments	913
lawfully may be made. Following an affirmative vote of a majority	914
of the members of the board of elections, the board of county	915
commissioners may, by resolution, rescind an elections revenue	916
fund established under this division. If an elections revenue fund	917
is rescinded, money that has accumulated in the fund shall be	918
transferred to the county general fund.	919

(J) As used in this section:

920

(1) "Political subdivision" and "subdivision" mean any board	921
of county commissioners, board of township trustees, legislative	922
authority of a municipal corporation, board of education, or any	923
other board, commission, district, or authority that is empowered	924
to levy taxes or permitted to receive the proceeds of a tax levy,	925
regardless of whether the entity receives tax settlement moneys as	926
described in division (A) of this section;	927

(2) "Statewide ballot issue" means any ballot issue, whether	928
proposed by the general assembly or by initiative or referendum,	929
that is submitted to the voters throughout the state.	930

Sec. 3501.18.  (A) The board of elections may divide a	931
political subdivision within its jurisdiction into precincts,	932
establish, define, divide, rearrange, and combine the several	933
election precincts within its jurisdiction, andor change the	934
location of the polling place for each precinct when it is	935
necessary to maintain the requirements as to the number of voters	936
in a precinct and to provide for the convenience of the voters	937
and the proper conduct of elections. Any change in the number of	938
precincts or in precinct boundaries shall be made in accordance	939
with any directive the secretary of state may provide and, if	940
applicable, division (C) of this section. No change in the number	941
of precincts or in precinct boundaries shall be made during the	942
twenty-five days immediately preceding a primary or general	943
election or between the first day of January and the day on which	944
the members of county central committees are elected in the years	945
in which those committees are elected. Except as otherwise	946
provided in division (C) of this section, each precinct shall	947
contain a number of electors, not to exceed one thousand four	948
hundred, that the board of elections determines to be a	949
reasonable number after taking into consideration the type and	950
amount of available equipment, prior voter turnout, the size and	951
location of each selected polling place, available parking,	952
availability of an adequate number of poll workers, and handicap	953
accessibility and other accessibility to the polling place.	954

If the board changes the boundaries of a precinct after the	955
filing of a local option election petition pursuant to sections	956
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	957
calls for a local option election to be held in that precinct, the	958
local option election shall be held in the area that constituted	959
the precinct at the time the local option petition was filed,	960
regardless of the change in the boundaries.	961

If the board changes the boundaries of a precinct in order to	962
meet the requirements of division (B)(1) of this section in a	963
manner that causes a member of a county central committee to no	964
longer qualify as a representative of an election precinct in the	965
county, of a ward of a city in the county, or of a township in the	966
county, the member shall continue to represent the precinct, ward,	967
or township for the remainder of the member's term, regardless of	968
the change in boundaries.	969

In an emergency, the board may provide more than one polling	970
place in a precinct. In order to provide for the convenience of	971
the voters, the board may locate polling places for voting or	972
registration outside the boundaries of precincts, provided that	973
the nearest public school or public building shall be used if the	974
board determines it to be available and suitable for use as a	975
polling place. Except in an emergency, no change in the number or	976
location of the polling places in a precinct shall be made during	977
the twenty-five days immediately preceding a primary or general	978
election.	979

Electors who have failed to respond within thirty days to any	980
confirmation notice shall not be counted in determining the size	981
of any precinct under this section.	982

(B)(1) Except as otherwise provided in division (B)(2) of	983
this section, a board of elections shall determineset all	984
precinct boundaries using geographical units used by the United	985
States department of commerce, bureau of the census, in reporting	986
the decennial census of Ohio.	987

(2) The board of elections may apply to the secretary of	988
state for a waiver from the requirement of division (B)(1) of this	989
section whenif it is not feasible to comply with that requirement	990
because of unusual physical boundaries or residential development	991
practices that would cause unusual hardship for voters. The board	992
shall identify the affected precincts and census units, explain	993
the reason for the waiver request, and include a map illustrating	994
where the census units will be split because of the requested	995
waiver. If the secretary of state approves the waiver and so	996
notifies the board of elections in writing, the board may change	997
a precinct boundary as necessary under this section,	998
notwithstanding the requirement in division (B)(1) of this	999
section.	1000

(C) The board of elections may apply to the secretary of	1001
state for a waiver from the requirement of division (A) of this	1002
section regarding the number of electors in a precinct when the	1003
use of geographical units used by the United States department of	1004
commerce, bureau of the census, will cause a precinct to contain	1005
more than one thousand four hundred electors. The board shall	1006
identify the affected precincts and census units, explain the	1007
reason for the waiver request, and include a map illustrating	1008
where census units will be split because of the requested waiver.	1009
If the secretary of state approves the waiver and so notifies the	1010
board of elections in writing, the board may change a precinct	1011
boundary as necessary to meet the requirements of division (B)(1)	1012
of this section.	1013

Sec. 3501.21.  When the board of elections considers it	1014
necessary to change, divide, or combinechanges, divides, or	1015
combines any precinct or to relocaterelocates a polling place in	1016
accordance with section 3501.18 of the Revised Code, it shall	1017
notify, prior to the next election, each of the registrants in the	1018
precinct of the change by mail. On and after August 1, 2000, when	1019
Within five days after the board approves changes to the	1020
boundaries of any precinct or relocation of a polling place, it	1021
shall notify the secretary of state of the change not later than	1022
forty-five days after making the change.	1023

Sec. 3501.30. (A) The board of elections shall provide for	1024
each polling place the necessary ballot boxes, official ballots,	1025
cards of instructions, registration forms, pollbooks or poll	1026
lists, tally sheets, forms on which to make summary statements,	1027
writing implements, paper, and all other supplies necessary for	1028
casting and counting the ballots and recording the results of the	1029
voting at the polling place. The pollbooks or poll lists shall	1030
have certificates appropriately printed on them for the signatures	1031
of all the precinct officials, by which they shall certify that,	1032
to the best of their knowledge and belief, the pollbooks or poll	1033
lists correctly show the names of all electors who voted in the	1034
polling place at the election indicated in the pollbooks or poll	1035
lists.	1036

All of the following shall be included among the supplies	1037
provided to each polling place:	1038

(1) A large map of each appropriate precinct, which shall be	1039
displayed prominently to assist persons who desire to register or	1040
vote on election day. Each map shall show all streets within the	1041
precinct and contain identifying symbols of the precinct in bold	1042
print.	1043

(2) Any materials, postings, or instructions required to	1044
comply with state or federal laws;	1045

(3) A flag of the United States approximately two and	1046
one-half feet in length along the top, which shall be displayed	1047
outside the entrance to the polling place during the time it is	1048
open for voting;	1049

(4) Two or more small flags of the United States	1050
approximately fifteen inches in length along the top, which shall	1051
be placed at a distance of one hundred feet from the polling place	1052
on the thoroughfares or walkways leading to the polling place, to	1053
mark the distance within which persons other than election	1054
officials, observers, police officers, and electors waiting to	1055
mark, marking, or casting their ballots shall not loiter,	1056
congregate, or engage in any kind of election campaigning. Where	1057
small flags cannot reasonably be placed one hundred feet from the	1058
polling place, the presiding election judge shall place the flags	1059
as near to one hundred feet from the entrance to the polling place	1060
as is physically possible. Police officers and all election	1061
officials shall see that this prohibition against loitering and	1062
congregating is enforced.	1063

When the period of time during which the polling place is	1064
open for voting expires, all of the flags described in this	1065
division shall be taken into the polling place and shall be	1066
returned to the board together with all other election supplies	1067
required to be delivered to the board.	1068

(B) The board of elections shall follow the instructions and	1069
advisories of the secretary of state in the production and use of	1070
polling place supplies.	1071

Sec. 3501.38.  All declarations of candidacy, nominating	1072
petitions, or other petitions presented to or filed with the	1073
secretary of state or a board of elections or with any other	1074
public office for the purpose of becoming a candidate for any	1075
nomination or office or for the holding of an election on any	1076
issue shall, in addition to meeting the other specific	1077
requirements prescribed in the sections of the Revised Code	1078
relating to them, be governed by the following rules:	1079

(A) Only electors qualified to vote on the candidacy or issue	1080
which is the subject of the petition shall sign a petition. Each	1081
signer shall be a registered elector pursuant to section 3503.11	1082
of the Revised Code. The facts of qualification shall be	1083
determined as of the date when the petition is filed.	1084

(B) Signatures shall be affixed in ink. Each signer may also	1085
print the signer's name, so as to clearly identify the signer's	1086
signature.	1087

(C) Each signer shall place on the petition after the	1088
signer's name the date of signing and the location of the signer's	1089
voting residence, including the street and number if in a	1090
municipal corporation or the rural route number, post office	1091
address, or township if outside a municipal corporation. The	1092
voting address given on the petition shall be the address	1093
appearing in the registration records at the board of elections.	1094

(D) Except as otherwise provided in section 3501.382 of the	1095
Revised Code, no person shall write any name other than the	1096
person's own on any petition. Except as otherwise provided in	1097
section 3501.382 of the Revised Code, no person may authorize	1098
another to sign for the person. If a petition contains the	1099
signature of an elector two or more times, only the first	1100
signature shall be counted.	1101

(E)(1) On each petition paper, the circulator shall indicate	1102
the number of signatures contained on it, and shall sign a	1103
statement made under penalty of election falsification that the	1104
circulator witnessed the affixing of every signature, that all	1105
signers were to the best of the circulator's knowledge and belief	1106
qualified to sign, and that every signature is to the best of the	1107
circulator's knowledge and belief the signature of the person	1108
whose signature it purports to be or of an attorney in fact acting	1109
pursuant to section 3501.382 of the Revised Code. On the	1110
circulator's statement for a declaration of candidacy or	1111
nominating petition for a person seeking to become a statewide	1112
candidate or for a statewide initiative or a statewide referendum	1113
petition paper, the circulator shall identify the circulator's	1114
name, the address of the circulator's permanent residence, and the	1115
name and address of the person employing the circulator to	1116
circulate the petition, if any.	1117

(2) As used in division (E) of this section, "statewide	1118
candidate" means the joint candidates for the offices of governor	1119
and lieutenant governor or a candidate for the office of secretary	1120
of state, auditor of state, treasurer of state, or attorney	1121
general.	1122

(F) Except as otherwise provided in section 3501.382 of the	1123
Revised Code, if a circulator knowingly permits an unqualified	1124
person to sign a petition paper or permits a person to write a	1125
name other than the person's own on a petition paper, that	1126
petition paper is invalid; otherwise, the signature of a person	1127
not qualified to sign shall be rejected but shall not invalidate	1128
the other valid signatures on the paper.	1129

(G) The circulator of a petition may, before filing it in a	1130
public office, strike from it any signature the circulator does	1131
not wish to present as a part of the petition.	1132

(H) Any signer of a petition or an attorney in fact acting	1133
pursuant to section 3501.382 of the Revised Code on behalf of a	1134
signer may remove the signer's signature from that petition at any	1135
time before the petition is filed in a public office by striking	1136
the signer's name from the petition; no signature may be removed	1137
after the petition is filed in any public office.	1138

(I)(1) No alterations, corrections, or additions may be made	1139
to a petition after it is filed in a public office.	1140

(2)(a) No declaration of candidacy, nominating petition, or	1141
other petition for the purpose of becoming a candidate may be	1142
withdrawn after it is filed in a public office. Nothing in this	1143
division prohibits a person from withdrawing as a candidate as	1144
otherwise provided by law.	1145

(b) No petition presented to or filed with the secretary of	1146
state, a board of elections, or any other public office for the	1147
purpose of the holding of an election on any question or issue may	1148
be resubmitted after it is withdrawn from a public office. Nothing	1149
in this division prevents a question or issue petition from being	1150
withdrawn by the filing of a written notice of the withdrawal by a	1151
majority of the members of the petitioning committee with the same	1152
public office with which the petition was filed prior to the	1153
sixtieth day before the election at which the question or issue is	1154
scheduled to appear on the ballot.	1155

(J) All declarations of candidacy, nominating petitions, or	1156
other petitions under this section shall be accompanied by the	1157
following statement in boldface capital letters: WHOEVER COMMITS	1158
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1159

(K) All separate petition papers shall be filed at the same	1160
time, as one instrument.	1161

(L) If a board of elections distributes for use a petition	1162
form for a declaration of candidacy, nominating petition, or any	1163
type of question or issue petition that does not satisfy the	1164
requirements of law as of the date of that distribution, the board	1165
shall not invalidate the petition on the basis that the petition	1166
form does not satisfy the requirements of law, if the petition	1167
otherwise is valid. Division (L) of this section applies only if	1168
the candidate received the petition from the board within ninety	1169
days of when the petition is required to be filed.	1170

Sec. 3503.01.  (A) Every citizen of the United States who is	1171
of the age of eighteen years or over and, who haswill have been a	1172
resident of the state for thirty days immediately preceding the	1173
by the day of an election at which the citizen offers to vote,	1174
who is a resident of the county and precinct in which the	1175
citizen offers to vote, and haswho will have been registered to	1176
vote for thirty days by the day of an election, has the	1177
qualifications of an elector and may vote at all elections in	1178
the precinct in which the citizen resides.	1179

(B) When only a portion of a precinct is included within the	1180
boundaries of an election district, the board of elections may	1181
assign the electors residing in such portion of a precinct to the	1182
nearest precinct or portion of a precinct within the boundaries	1183
of such election district for the purpose of voting at any	1184
special election held in such district. In any election in which	1185
only a part of the electors in a precinct is qualified to vote,	1186
the board may assign voters in such part to an adjoining	1187
precinct. Such assignment may be made to an adjoining precinct in	1188
another county with the consent and approval of the board of	1189
elections of such other county if the number of voters assigned	1190
to vote in a precinct in another county is two hundred or less.	1191

The board shall notify all such electors so assigned, at	1192
least ten days prior to the holding of any such election, of the	1193
location of the polling place where they are entitled to vote at	1194
such election.	1195

As used in division (B) of this section, "election district"	1196
means a school district, municipal corporation, township, or other	1197
political subdivision that includes territory in more than one	1198
precinct or any other district or authority that includes	1199
territory in more than one precinct and that is authorized by law	1200
to place an issue on the ballot at a special election.	1201

Sec. 3503.04.  Persons who are inmates of a public or private	1202
institution who are citizens of the United States and have resided	1203
in this state thirty days immediately preceding the election, and	1204
who are otherwise qualified as to age and residence within the	1205
county shall have their lawful residence in the county, city,	1206
village and township in which saidbe permitted to register to	1207
vote at the address of that institution is located provided, that	1208
the lawful residence of a qualified elector who is an inmate in	1209
such an institution for temporary treatment only, shall be the	1210
residence from which hethe elector entered such institution.	1211

Sec. 3503.06. (A) No person shall be entitled to vote at any	1212
election, or to sign or circulate any declaration of candidacy or	1213
any nominating, or recall petition, unless the person is	1214
registered as an elector and will have resided in the county and	1215
precinct where the person is registered for at least thirty days	1216
at the time of the next election.	1217

(B)(1) No person shall be entitled to circulate any	1218
initiative or referendum petition unless the person is a resident	1219
of this stateat least eighteen years of age.	1220

(2) All election officials, in determining the residence of a	1221
person circulating a petition under division (B)(1) of this	1222
section, shall be governed by the following rules:	1223

(a) That place shall be considered the residence of a person	1224
in which the person's habitation is fixed and to which, whenever	1225
the person is absent, the person has the intention of returning.	1226

(b) A person shall not be considered to have lost the	1227
person's residence who leaves the person's home and goes into	1228
another state for temporary purposes only, with the intention of	1229
returning.	1230

(c) A person shall not be considered to have gained a	1231
residence in any county of this state into which the person comes	1232
for temporary purposes only, without the intention of making that	1233
county the permanent place of abode.	1234

(d) If a person removes to another state with the intention	1235
of making that state the person's residence, the person shall be	1236
considered to have lost the person's residence in this state.	1237

(e) Except as otherwise provided in division (B)(2)(f) of	1238
this section, if a person removes from this state and continuously	1239
resides outside this state for a period of four years or more, the	1240
person shall be considered to have lost the person's residence in	1241
this state, notwithstanding the fact that the person may entertain	1242
an intention to return at some future period.	1243

(f) If a person removes from this state to engage in the	1244
services of the United States government, the person shall not be	1245
considered to have lost the person's residence in this state	1246
during the period of that service, and likewise should the person	1247
enter the employment of the state, the place where that person	1248
resided at the time of the person's removal shall be considered to	1249
be the person's place of residence.	1250

(g) If a person goes into another state and, while there,	1251
exercises the right of a citizen by voting, the person shall be	1252
considered to have lost the person's residence in this state.	1253

(C) No person shall be entitled to sign any initiative or	1254
referendum petition unless the person is registered as an elector	1255
and will have resided in the county and precinct where the person	1256
is registered for at least thirty days at the time of the next	1257
election.	1258

Sec. 3503.10.  (A) Each designated agency shall designateThe	1259
secretary of state shall be the chief elections official who	1260
coordinates Ohio's responsibilities under section 7 of the	1261
National Voter Registration Act of 1993. To fulfill that	1262
responsibility, not later than one hundred twenty days after the	1263
effective date of this section or not later than one hundred	1264
twenty days after an agency is determined to be a designated	1265
agency in accordance with division (X) of section 3501.01 of the	1266
Revised Code, the secretary of state shall enter into a	1267
memorandum of understanding with the head of the state agency	1268
with supervisory authority over each designated agency for the	1269
purpose of prescribing a general program for registering voters	1270
or updating voter registration information, such as name and	1271
residence changes, consistent with the National Voter	1272
Registration Act of 1993. The secretary of state and the head of	1273
each applicable state agency shall enter into a new memorandum of	1274
understanding for the purpose of complying with section 7 of the	1275
National Voter Registration Act of 1993 every four years	1276
thereafter beginning on December 1, 2011.	1277

The designated agency shall agree to do all of the following,	1278
at a minimum, in the memorandum of understanding that it enters	1279
into with the secretary of state under this section:	1280

(1) Affirm its agreement to comply with the requirements of	1281
the National Voter Registration Act of 1993;	1282

(2) Create and submit, within ninety days after the agency	1283
and the secretary of state enter into the memorandum of	1284
understanding, an agency plan for implementing the general program	1285
for registering voters or updating voter registration information	1286
prescribed by the secretary of state; transmit that plan and any	1287
subsequent amendments to the secretary of state within five	1288
business days after the plan is approved by the head of the	1289
agency; post the plan on the agency's web site, if available, and	1290
at the agency's office; and update the plan within ninety days	1291
after entering into any future memorandum of understanding or	1292
whenever the agency deems such an update to be necessary;	1293

(3) Implement the general program for registering voters or	1294
updating voter registration information prescribed by the	1295
secretary of state and agree that the secretary of state may	1296
administer oaths, issue subpoenas, summon witnesses, compel the	1297
production of books, papers, records, and other evidence, and fix	1298
the time and place for hearing any matters relating to the	1299
administration and enforcement of this chapter and the memorandum	1300
of understanding;	1301

(4) Designate one person within that agency to serve as	1302
coordinator for the voter registration program within the agency	1303
and its departments, divisions, and programs. The designated	1304
person shall be trained under a program designed by the secretary	1305
of state and shall be responsible for administering all aspects	1306
of the voter registration program for that agency as prescribed	1307
by the secretary of state. The designated person shall receive no	1308
additional compensation for performing such duties.	1309

(5) Prominently place signs, prescribed by the secretary of	1310
state, in all designated agency offices alerting clients that they	1311
must be offered the opportunity to register to vote or to update	1312
their voter registration;	1313

(6) Report quarterly to the secretary of state all of the	1314
following:	1315

(a) The combined number of new and updated registrations	1316
received by the agency during the previous quarter;	1317

(b) The number of new registrations received by the agency	1318
during the previous quarter;	1319

(c) The number of updated registrations received by the	1320
agency during the previous quarter;	1321

(d) The number of people who were offered the opportunity to	1322
register or update their registrations but declined to do so at	1323
the agency during the previous quarter; and	1324

(e) The total number of clients served by the agency during	1325
the previous quarter.	1326

(7) Allow an individual to register a complaint to either the	1327
designated agency or, if available, to a central complaint hotline	1328
about an agency's failure to offer to clients the opportunity to	1329
register to vote or update their voter registrations;	1330

(8) Agree that any individual or the secretary of state has	1331
the authority to initiate a mandamus action before the supreme	1332
court if the agency does not correct any deficiency in compliance	1333
with this chapter or the memorandum of understanding within	1334
forty-five days after receiving written notice of the deficiency	1335
from the individual or from the secretary of state;	1336

(9) Provide electronic registration updates to the secretary	1337
of state, if applicable, upon request.	1338

Not later than sixty days after the effective date of this	1339
section, the secretary of state shall provide to each designated	1340
agency such information as may be necessary for the agency to	1341
comply with the provisions required to be included in the	1342
memorandum of understanding entered into under this section,	1343
including, but not limited to, prescribed forms and signs,	1344
guidance for submitting required reports, and guidance for	1345
processing complaints.	1346

(B) Every designated agency, public high school and	1347
vocational school, public library, and office of a county	1348
treasurer shall provide in each of its offices or locations voter	1349
registration applications and assistance in the registration of	1350
persons qualified to register to vote, in accordance with this	1351
chapter.	1352

(C) Every designated agency shall distribute to its	1353
applicants, prior to or in conjunction with distributing a voter	1354
registration application, a form prescribed by the secretary of	1355
state that includes all of the following:	1356

(1) The question, "Do you wantIf you are not registered to	1357
vote where you live now, would you like to apply to register to	1358
vote or update your current voter registrationhere	1359
today?"--followed by boxes for the applicant to indicate whether	1360
the applicant would like to register or decline to register to	1361
vote, and the statement, highlighted in bold print, "If you do not	1362
check either box, you will be considered to have decided not to	1363
register to vote at this time.";	1364

(2) If the agency provides public assistance, the statement,	1365
"Applying to register or declining to register to vote will not	1366
affect the amount of assistance that you will be provided by this	1367
agency.";	1368

(3) The statement, "If you would like help in filling out the	1369
voter registration application form, we will help you. The	1370
decision whether to seek or accept help is yours. You may fill out	1371
the application form in private.";	1372

(4) The statement, "If you believe that someone has	1373
interfered with your right to register or to decline to register	1374
to vote, your right to privacy in deciding whether to register or	1375
in applying to register to vote, or your right to choose your own	1376
political party or other political preference, you may file a	1377
complaint with the prosecuting attorney of your county or with the	1378
secretary of state," with the address and telephone number for	1379
each such official's office.	1380

(D) Each designated agency shall distribute a voter	1381
registration form prescribed by the secretary of state to each	1382
applicant with each application for service or assistance, and	1383
with each written application or form for recertification,	1384
renewal, or change of address.	1385

(E) Each designated agency shall do all of the following:

1386

(1) Have employees trained to administer the voter	1387
registration program in order to provide to each applicant who	1388
wishes to register to vote and who accepts assistance, the same	1389
degree of assistance with regard to completion of the voter	1390
registration application as is provided by the agency with regard	1391
to the completion of its own form;	1392

(2) Accept completed voter registration applications, voter	1393
registration change of residence forms, and voter registration	1394
change of name forms, regardless of whether the application or	1395
form was distributed by the designated agency, for transmittal to	1396
the office of the board of elections in the county in which the	1397
agency is located. Each designated agency and the appropriate	1398
board of elections shall establish a method by which the voter	1399
registration applications and other voter registration forms are	1400
transmitted to that board of elections within five business days	1401
after being accepted by the agency.	1402

(3) If the designated agency is one that is primarily engaged	1403
in providing services to persons with disabilities under a	1404
state-funded program, and that agency provides services to a	1405
person with disabilities at a person's home, provide the services	1406
described in divisions (E)(1) and (2) of this section at the	1407
person's home;	1408

(4) Keep as confidential, except as required by the secretary	1409
of state for record-keeping purposes, the identity of an agency	1410
through which a person registered to vote or updated the person's	1411
voter registration records, and information relating to a	1412
declination to register to vote made in connection with a voter	1413
registration application issued by a designated agency.	1414

(F) The secretary of state shall prepare and transmit written	1415
instructions on the implementation of the voter registration	1416
program within each designated agency, public high school and	1417
vocational school, public library, and office of a county	1418
treasurer. The instructions shall include directions as follows:	1419

(1) That each person designated to assist with voter	1420
registration maintain strict neutrality with respect to a person's	1421
political philosophies, a person's right to register or decline to	1422
register, and any other matter that may influence a person's	1423
decision to register or not register to vote;	1424

(2) That each person designated to assist with voter	1425
registration not seek to influence a person's decision to register	1426
or not register to vote, not display or demonstrate any political	1427
preference or party allegiance, and not make any statement to a	1428
person or take any action the purpose or effect of which is to	1429
lead a person to believe that a decision to register or not	1430
register has any bearing on the availability of services or	1431
benefits offered, on the grade in a particular class in school, or	1432
on credit for a particular class in school;	1433

(3) Regarding when and how to assist a person in completing	1434
the voter registration application, what to do with the completed	1435
voter registration application or voter registration update form,	1436
and when the application must be transmitted to the appropriate	1437
board of elections;	1438

(4) Regarding what records must be kept by the agency and	1439
where and when those records should be transmitted to satisfy	1440
reporting requirements imposed on the secretary of state under the	1441
National Voter Registration Act of 1993;	1442

(5) Regarding whom to contact to obtain answers to questions	1443
about voter registration forms and procedures.	1444

(G) If the voter registration activity is part of an in-class	1445
voter registration program in a public high school or vocational	1446
school, whether prescribed by the secretary of state or	1447
independent of the secretary of state, the board of education	1448
shall do all of the following:	1449

(1) Establish a schedule of school days and hours during	1450
these days when the person designated to assist with voter	1451
registration shall provide voter registration assistance;	1452

(2) Designate a person to assist with voter registration from	1453
the public high school's or vocational school's staff;	1454

(3) Make voter registration applications and materials	1455
available, as outlined in the voter registration program	1456
established by the secretary of state pursuant to section 3501.05	1457
of the Revised Code;	1458

(4) Distribute the statement, "applying to register or	1459
declining to register to vote will not affect or be a condition of	1460
your receiving a particular grade in or credit for a school course	1461
or class, participating in a curricular or extracurricular	1462
activity, receiving a benefit or privilege, or participating in a	1463
program or activity otherwise available to pupils enrolled in this	1464
school district's schools.";	1465

(5) Establish a method by which the voter registration	1466
application and other voter registration forms are transmitted to	1467
the board of elections within five days after being accepted by	1468
the public high school or vocational school.	1469

(H) Any person employed by the designated agency, public high	1470
school or vocational school, public library, or office of a county	1471
treasurer may be designated to assist with voter registration	1472
pursuant to this section. The designated agency, public high	1473
school or vocational school, public library, or office of a county	1474
treasurer shall provide the designated person, and make available	1475
such space as may be necessary, without charge to the county or	1476
state.	1477

(I) The secretary of state shall prepare and cause to be	1478
displayeddesignated agencies shall display in a prominent	1479
location in each designated agency a notice that identifies the	1480
person designated to assist with voter registration, the nature of	1481
that person's duties, and where and when that person is available	1482
for assisting in the registration of voters.	1483

A designated agency may furnish additional supplies and	1484
services to disseminate information to increase public awareness	1485
of the existence of a person designated to assist with voter	1486
registration in every designated agency.	1487

(J) This section does not limit any authority a board of	1488
education, superintendent, or principal has to allow, sponsor, or	1489
promote voluntary election registration programs within a high	1490
school or vocational school, including programs in which pupils	1491
serve as persons designated to assist with voter registration,	1492
provided that no pupil is required to participate.	1493

(K) Each public library and office of the county treasurer	1494
shall establish a method by which voter registration forms are	1495
transmitted to the board of elections within five days after being	1496
accepted by the public library or office of the county treasurer.	1497

(L) The department of job and family services and its	1498
departments, divisions, and programs shall limit administration of	1499
the aspects of the voter registration program for the department	1500
to the requirements prescribed by the secretary of state and the	1501
requirements of this section and the National Voter Registration	1502
Act of 1993.(1) The secretary of state may do any of the	1503
following to effect compliance with this chapter:	1504

(a) Administer oaths, issue subpoenas, summon witnesses,	1505
compel the production of books, papers, records, and other	1506
evidence, and fix the time and place for hearing any matters	1507
relating to the administration and enforcement of this chapter and	1508
the memorandum of understanding required under this section;	1509

(b) Initiate a mandamus action before the supreme court if a	1510
designated agency fails, by the applicable deadline, to enter into	1511
the memorandum of understanding required by this section;	1512

(c) Initiate a mandamus action before the supreme court if	1513
the state or county office of a designated agency does not	1514
correct any deficiency in compliance with this chapter or the	1515
memorandum of understanding within forty-five days after receiving	1516
written notice of the deficiency from the secretary of state.	1517

(2) An individual may do any of the following to effect	1518
compliance with this chapter:	1519

(a) Initiate a mandamus action before the supreme court if a	1520
designated agency fails, by the applicable deadline, to enter into	1521
the memorandum of understanding required by this section;	1522

(b) Initiate a mandamus action before the supreme court if	1523
the state or county office of a designated agency does not	1524
correct any deficiency in compliance with this chapter or the	1525
memorandum of understanding within forty-five days after	1526
receiving written notice of the deficiency from the individual;	1527

(c) Initiate a mandamus action before the supreme court if	1528
the secretary of state does not correct any deficiency in the	1529
proper exercise of the duties of the secretary of state under this	1530
chapter or the memorandum of understanding within forty-five days	1531
after receiving written notice of the deficiency from the	1532
individual.	1533

(3) The head of a state agency with supervisory authority	1534
over a designated agency may do any of the following to effect	1535
compliance with this chapter:	1536

(a) Initiate a mandamus action before the supreme court if	1537
the secretary of state fails, by the applicable deadline, to enter	1538
into the memorandum of understanding required by this section;	1539

(b) Initiate a mandamus action before the supreme court if	1540
the secretary of state does not correct any deficiency in the	1541
proper exercise of the duties of the secretary of state under this	1542
chapter or the memorandum of understanding within forty-five days	1543
after receiving written notice of the deficiency from the state	1544
office of the designated agency;	1545

(c) Initiate a mandamus action before the supreme court if	1546
the county office of that designated agency does not correct any	1547
deficiency in compliance with this chapter or the memorandum of	1548
understanding within forty-five days after receiving written	1549
notice of the deficiency from the state office of that designated	1550
agency.	1551

Sec. 3503.11. When any person applies forThe secretary of	1552
state, in consultation with the Ohio bureau of motor vehicles,	1553
shall adopt rules that require any change of address form	1554
submitted to change a person's address for a driver's license,	1555
commercial driver's license, a state of Ohio identification card	1556
issued under section 4507.50 of the Revised Code, or motorcycle	1557
operator's license or endorsement, or for the renewal or duplicate	1558
of any license or endorsement under Chapter 4506. or 4507. of the	1559
Revised Code, the registrar of motor vehicles or deputy registrar	1560
shall offer the applicant the opportunity to register to vote or	1561
to update the applicant's voter registrationto also serve as	1562
notification of change of address for voter registration purposes	1563
unless the person states on the form that the change of address is	1564
not for voter registration purposes or the person is not a	1565
registered voter. The registrar of motor vehicles or deputy	1566
registrar also shall make available to all other customers voter	1567
registration applications and change of residence and change of	1568
name, forms, but is not required to offer assistance to these	1569
customers in completing a voter registration application or other	1570
form.	1571

The registrar or deputy registrar shall send any completed	1572
registration application or any completed change of residence or	1573
change of name form to the board of elections of the county in	1574
which the office of the registrar or deputy registrar is located,	1575
within five business days after accepting the application or other	1576
form.	1577

The registrar shall collect from each deputy registrar	1578
through the reports filed under division (J) of section 4503.03 of	1579
the Revised Code and transmit to the secretary of state	1580
information on the number of voter registration applications and	1581
change of residence or change of name forms completed or declined,	1582
and any additional information required by the secretary of state	1583
to comply with the National Voter Registration Act of 1993. No	1584
information relating to an applicant's decision to decline to	1585
register or update the applicant's voter registration at the	1586
office of the registrar or deputy registrar may be used for any	1587
purpose other than voter registration record-keeping required by	1588
the secretary of state, and all such information shall be kept	1589
confidential.	1590

The secretary of state shall prescribe voter registration	1591
applications and change of residence and change of name forms for	1592
use by the bureau of motor vehicles. The bureau of motor vehicles	1593
shall supply all of its deputy registrars with a sufficient	1594
number of voter registration applications and change of residence	1595
and change of name forms.	1596

Sec. 3503.14.  (A) The secretary of state shall prescribe	1597
the form and content of the registration, change of residence, and	1598
change of name forms used in this state. The forms shall meet the	1599
requirements of the National Voter Registration Act of 1993 and	1600
shall include spaces for all of the following:	1601

(1) The voter's name;

1602

(2) The voter's address;

1603

(3) The current date;

1604

(4) The voter's date of birth;

1605

(5) The voter to provide one or more of the following:

1606

(a) The voter's Ohio driver's license number, if any;

1607

(b) The last four digits of the voter's social security	1608
number, if any;	1609

(c) A copy of a current and valid photo identification, a	1610
copy of a military identification, or a copy of a current utility	1611
bill, bank statement, government check, paycheck, or other	1612
government document, other than a notice of an election mailed	1613
by a board of elections under section 3501.19 of the Revised	1614
Code or a notice of voter registration mailed by a board of	1615
elections under section 3503.19 of the Revised Code, that shows	1616
the voter's name and addressThe voter's identification.	1617

(6) The voter's signature.

1618

The registration form shall include a space on which the	1619
person registering an applicant shall sign the person's name and	1620
provide the person's address and a space on which the person	1621
registering an applicant shall name the employer who is employing	1622
that person to register the applicant.	1623

Except for forms prescribed by the secretary of state under	1624
section 3503.11 of the Revised Code, the secretary of state shall	1625
permit boards of elections to produce forms that have subdivided	1626
spaces for each individual alphanumeric character of the	1627
information provided by the voter so as to accommodate the	1628
electronic reading and conversion of the voter's information to	1629
data and the subsequent electronic transfer of that data to the	1630
statewide voter registration database established under section	1631
3503.15 of the Revised Code.	1632

(B) None of the following persons who are registering an	1633
applicant in the course of that official's or employee's normal	1634
duties shall sign the person's name, provide the person's address,	1635
or name the employer who is employing the person to register an	1636
applicant on a form prepared under this section:	1637

(1) An election official;

1638

(2) A county treasurer;

1639

(3) A deputy registrar of motor vehicles;

1640

(4) An employee of a designated agency;

1641

(5) An employee of a public high school;

1642

(6) An employee of a public vocational school;

1643

(7) An employee of a public library;

1644

(8) An employee of the office of a county treasurer;

1645

(9) An employee of the bureau of motor vehicles;

1646

(10) An employee of a deputy registrar of motor vehicles;

1647

(11) An employee of an election official.

1648

(C) Except as provided in section 3501.382 of the Revised	1649
Code, any applicant who is unable to sign the applicant's own name	1650
shall make an "X," if possible, which shall be certified by the	1651
signing of the name of the applicant by the person filling out the	1652
form, who shall add the person's own signature. If an applicant is	1653
unable to make an "X," the applicant shall indicate in some manner	1654
that the applicant desires to register to vote or to change the	1655
applicant's name or residence. The person registering the	1656
applicant shall sign the form and attest that the applicant	1657
indicated that the applicant desired to register to vote or to	1658
change the applicant's name or residence.	1659

(D) No registration, change of residence, or change of name	1660
form shall be rejected solely on the basis that a person	1661
registering an applicant failed to sign the person's name or	1662
failed to name the employer who is employing that person to	1663
register the applicant as required under division (A) of this	1664
section.	1665

(E) As used in this section, "registering an applicant"	1666
includes any effort, for compensation, to provide voter	1667
registration forms or to assist persons in completing or returning	1668
those forms.	1669

Sec. 3503.141. (A) A board of elections that receives a voter	1670
registration application by mail shall determine whether the	1671
applicant has previously voted at a federal election in Ohio and	1672
whether the application includes any of the following information:	1673

(1) The applicant's Ohio driver's license number;

1674

(2) The last four digits of the applicant's social security	1675
number; or	1676

(3) A copy of a first-time mail-in registrant identification.

1677

(B) The board of elections shall cause the voter's name in	1678
the county's voter registration records and in the poll list or	1679
signature pollbook for the applicable precinct to be marked to	1680
indicate that the voter shall be required to provide first-time	1681
mail-in registrant identification when the voter appears to vote,	1682
if both of the following apply:	1683

(1) The application does not contain any of the forms of	1684
identification specified in division (A) of this section.	1685

(2) The applicant has not previously voted at a federal	1686
election in Ohio.	1687

(C) At the first election at which a voter whose name has	1688
been marked under division (B) of this section appears to vote,	1689
the voter shall be required to provide first-time mail-in	1690
registrant identification.	1691

(1) If the voter does not have or does not provide first-time	1692
mail-in registrant identification at that election, the voter	1693
shall be permitted to cast a provisional ballot under section	1694
3505.181 of the Revised Code.	1695

(2) If the voter provides first-time mail-in registrant	1696
identification at that election, the board shall remove the	1697
indication that first-time mail-in registrant identification is	1698
required from the county's voter registration records and the poll	1699
list or signature pollbook, and the voter shall be permitted to	1700
vote a regular ballot.	1701

Sec. 3503.142. The secretary of state shall coordinate with	1702
boards of elections to identify, collect, and distribute best	1703
practices for processing voter registrations, including, but not	1704
limited to, best practices for data entry and quality assurance.	1705
The secretary of state shall issue best practice instructions to	1706
boards of elections at least once every two years.	1707

Sec. 3503.15.  (A) The secretary of state shall establish and	1708
maintain a statewide voter registration database that shall be	1709
continuously available to each board of elections and to other	1710
agencies as authorized by law.	1711

(B) The statewide voter registration database established	1712
under this section shall be the official list of registered voters	1713
for all elections conducted in this state.	1714

(C) The statewide voter registration database established	1715
under this section shall, at a minimum, include all of the	1716
following:	1717

(1) An electronic network that connects all board of	1718
elections offices with the office of the secretary of state and	1719
with the offices of all other boards of elections;	1720

(2) A computer program that harmonizes the records contained	1721
in the database with records maintained by each board of	1722
elections;	1723

(3) An interactive computer program that allows access to the	1724
records contained in the database by each board of elections and	1725
by any persons authorized by the secretary of state to add,	1726
delete, modify, or print database records, and to conduct updates	1727
of the database;	1728

(4) A search program capable of verifying registered voters	1729
and their registration information by name, driver's license	1730
number, birth date, social security number, or current address;	1731

(5) Safeguards and components to ensure that the integrity,	1732
security, and confidentiality of the voter registration	1733
information is maintained.	1734

(D) The secretary of state shall adopt rules pursuant to	1735
Chapter 119. of the Revised Code doing all of the following:	1736

(1) Specifying the manner in which existing voter	1737
registration records maintained by boards of elections shall be	1738
converted to electronic files for inclusion in the statewide voter	1739
registration database;	1740

(2) Establishing a uniform method for entering voter	1741
registration records into the statewide voter registration	1742
database on an expedited basis, but not less than once per day, if	1743
new registration information is received;	1744

(3) Establishing a uniform method for purging canceled voter	1745
registration records from the statewide voter registration	1746
database in accordance with section 3503.21 of the Revised Code;	1747

(4) Specifying the persons authorized to add, delete, modify,	1748
or print records contained in the statewide voter registration	1749
database and to make updates of that database;	1750

(5) Establishing a process for annually auditing the	1751
information contained in the statewide voter registration	1752
database.	1753

(E) A board of elections promptly shall purge a voter's name	1754
and voter registration information from the statewide voter	1755
registration database in accordance with the rules adopted by the	1756
secretary of state under division (D)(3) of this section after the	1757
cancellation of a voter's registration under section 3503.21 of	1758
the Revised Code.	1759

(F) The secretary of state shall provide training in the	1760
operation of the statewide voter registration database to each	1761
board of elections and to any persons authorized by the secretary	1762
of state to add, delete, modify, or print database records, and to	1763
conduct updates of the database.	1764

(G)(1) The statewide voter registration database established	1765
under this section shall be made available on a web site of the	1766
office of the secretary of state as follows:	1767

(a) Except as otherwise provided in division (G)(1)(b) of	1768
this section, only the following information from the statewide	1769
voter registration database regarding a registered voter shall be	1770
made available on the web site:	1771

(i) The voter's name;

1772

(ii) The voter's address;

1773

(iii) The voter's precinct number;

1774

(iv) The voter's voting history.

1775

(b) During the thirty days before the day of a primary or	1776
general election, the web site interface of the statewide voter	1777
registration database shall permit a voter to search for the	1778
polling location at which that voter may cast a ballot.	1779

(2) The secretary of state shall establish, by rule adopted	1780
under Chapter 119. of the Revised Code, a process for boards of	1781
elections to notify the secretary of state of changes in the	1782
locations of precinct polling places for the purpose of updating	1783
the information made available on the secretary of state's web	1784
site under division (G)(1)(b) of this section. Those rules shall	1785
require a board of elections, during the thirty days before the	1786
day of a primary or general election, to notify the secretary of	1787
state within one business day of any change to the location of a	1788
precinct polling place within the county.	1789

(3) During the thirty days before the day of a primary or	1790
general election, not later than one business day after receiving	1791
a notification from a county pursuant to division (G)(2) of this	1792
section that the location of a precinct polling place has changed,	1793
the secretary of state shall update that information on the	1794
secretary of state's web site for the purpose of division	1795
(G)(1)(b) of this section.	1796

(H)(1) The secretary of state and the registrar of motor	1797
vehicles shall enter into an agreement to match information in the	1798
statewide voter registration database with information in the	1799
database of the registrar of motor vehicles to the extent required	1800
to enable each such official to verify the accuracy of the	1801
information provided on applications for voter registration, as	1802
required under 42 U.S.C. 15483.	1803

(2) The secretary of state shall establish, by rule adopted	1804
under Chapter 119. of the Revised Code, a process for notifying	1805
boards of elections of any relevant nonmatch that the secretary	1806
of state receives under division (H)(1) of this section.	1807

(3) The secretary of state shall establish, by rule adopted	1808
under Chapter 119. of the Revised Code, procedures for boards of	1809
elections to process relevant nonmatches.	1810

(4) Notwithstanding any provision of the Revised Code to the	1811
contrary, a nonmatch shall not be the sole reason for any of the	1812
following:	1813

(a) Failing to add a voter to the statewide voter	1814
registration database;	1815

(b) Challenging or upholding a challenge to a person's voter	1816
registration, a person's right to cast a regular or absent voter's	1817
ballot, or a person's completed regular, provisional, or absent	1818
voter's ballot;	1819

(c) Canceling a person's voter registration;

1820

(d) Requiring a person to vote a provisional ballot; or

1821

(e) Failing to provide a regular ballot or absent voter's	1822
ballot to an otherwise eligible voter.	1823

(5) As used in division (H) of this section, "nonmatch"	1824
means an individual's voter registration record in which any of	1825
the following data fields are not substantially the same when the	1826
secretary of state matches information in the statewide voter	1827
registration database with information in the database of the	1828
registrar of motor vehicles to the extent required to enable	1829
each such official to verify the accuracy of the information	1830
provided on applications for voter registration, as required	1831
under 42 U.S.C. 15483:	1832

(a) Ohio driver's license number, if provided by the	1833
individual;	1834

(b) Last four digits of social security number if the	1835
individual did not provide an Ohio driver's license number and did	1836
provide the last four digits of the individual's social security	1837
number;	1838

(c) Date of birth;

1839

(d) Name (first name or derivative, and last name).

1840

Sec. 3503.16.  (A) Whenever a registered elector changes the	1841
place of residence of that registered elector from one precinct to	1842
another within a county or from one county to another, or has a	1843
change of name, that registered elector shall report the change by	1844
delivering a change of residence or change of name form, whichever	1845
is appropriate, as prescribed by the secretary of state under	1846
section 3503.14 of the Revised Code to the state or local office	1847
of a designated agency, a public high school or vocational school,	1848
a public library, the office of the county treasurer, the office	1849
of the secretary of state, any office of the registrar or deputy	1850
registrar of motor vehicles, or any office of a board of elections	1851
in person or by a third person. Any voter registration, change of	1852
address, or change of name application, returned by mail, may be	1853
sent only to the secretary of state or the office of a board of	1854
elections.	1855

A registered elector also may update the registration of that	1856
registered elector by filing a change of residence or change of	1857
name form on the day of a special, primary, or general election at	1858
the polling place in the precinct in which that registered elector	1859
resides or at the board of elections or at another site designated	1860
by the board.	1861

(B)(1)(a) Any registered elector who moves within a precinct	1862
on or prior to the day of a general, primary, or special election	1863
and has not filed a notice of change of residence with the board	1864
of elections may vote in that election pursuant to division (G) of	1865
this section or by going to that registered elector's assigned	1866
polling place, completing and signing a notice of change of	1867
residence, showing identification in the form of a current and	1868
valid photo identification, a military identification, or a copy	1869
of a current utility bill, bank statement, government check,	1870
paycheck, or other government document, other than a notice of	1871
an election mailed by a board of elections under section 3501.19	1872
of the Revised Code or a notice of voter registration mailed by	1873
a board of elections under section 3503.19 of the Revised Code,	1874
that shows the name and current address of the elector, and	1875
casting a ballot. If the elector provides either a driver's	1876
license or a state identification card issued under section	1877
4507.50 of the Revised Code that does not contain the elector's	1878
current residence address, the elector shall provide the last	1879
four digits of the elector's driver's license number or state	1880
identification card number, and the precinct election official	1881
shall mark the poll list or signature pollbook to indicate that	1882
the elector has provided a driver's license or state	1883
identification card number with a former address and record the	1884
last four digits of the elector's driver's license number or	1885
state identification card number.	1886

(b) Any registered elector who changes the name of that	1887
registered elector and remains within a precinct on or prior to	1888
the day of a general, primary, or special election and has not	1889
filed a notice of change of name with the board of elections may	1890
vote in that election by going to that registered elector's	1891
assigned polling place, completing and signing a notice of a	1892
change of name, and casting a provisional ballot under section	1893
3505.181 of the Revised Code.	1894

(2) Any registered elector who moves from one precinct to	1895
another within a county or moves from one precinct to another and	1896
changes the name of that registered elector on or prior to the day	1897
of a general, primary, or special election and has not filed a	1898
notice of change of residence or change of name, whichever is	1899
appropriate, with the board of elections may vote in that election	1900
if that registered elector complies with division (G) of this	1901
section or does all of the following:	1902

(a) Appears at anytime during regular business hours on or	1903
after the twenty-eighth day prior to the election in which that	1904
registered elector wishes to vote or, if the election is held on	1905
the day of a presidential primary election, the twenty-fifth day	1906
prior to the election, through noon of the Saturday prior to the	1907
election at the office of the board of elections, appears at any	1908
time during regular business hours on the Monday prior to the	1909
close of voter registration for that election at the office of the	1910
board of elections or at another location if pursuant to division	1911
(C) of section 3501.10 of the Revised Code the board has	1912
designated one or more other locations in the county at which	1913
registered electors may vote, or appears on the day of the	1914
election at either of the following locations:	1915

(i) The polling place in the precinct in which that	1916
registered elector resides;	1917

(ii) The office of the board of elections or, if pursuant to	1918
division (C) of section 3501.10 of the Revised Code the board has	1919
designated another locationone or more other locations in the	1920
county at which registered electors may vote, at thatsuch other	1921
location instead of the office of the board of elections.	1922

(b) Completes and signs, under penalty of election	1923
falsification, a notice of change of residence or change of name,	1924
whichever is appropriate, and files it with election officials at	1925
the polling place, at the office of the board of elections, or, if	1926
pursuant to division (C) of section 3501.10 of the Revised Code	1927
the board has designated another locationone or more other	1928
locations in the county at which registered electors may vote, at	1929
thatsuch other location instead of the office of the board of	1930
elections, whichever is appropriate;	1931

(c) VotesCasts a provisional ballot under section 3505.181	1932
of the Revised Code at the polling place, at the office of the	1933
board of elections, or, if pursuant to division (C) of section	1934
3501.10 of the Revised Code the board has designated another	1935
locationone or more other locations in the county at which	1936
registered electors may vote, at thatsuch other location	1937
instead of the office of the board of elections, whichever is	1938
appropriate, using the address to which that registered elector	1939
has moved or the name of that registered elector as changed,	1940
whichever is appropriate;	1941

(d) Completes and signs, under penalty of election	1942
falsification, a statement attesting that that registered elector	1943
moved or had a change of name, whichever is appropriate, on or	1944
prior to the day of the election, has voted a provisional ballot	1945
at the polling place in the precinct in which that registered	1946
elector resides, at the office of the board of elections, or, if	1947
pursuant to division (C) of section 3501.10 of the Revised Code	1948
the board has designated another locationone or more other	1949
locations in the county at which registered electors may vote, at	1950
thatsuch other location instead of the office of the board of	1951
elections, whichever is appropriate, and will not vote or attempt	1952
to vote at any other location for that particular election. The	1953
statement required under division (B)(2)(d) of this section shall	1954
be included on the notice of change of residence or change of	1955
name, whichever is appropriate, required under division (B)(2)(b)	1956
of this section.	1957

(C) Any registered elector who moves from one county to	1958
another county within the state on or prior to the day of a	1959
general, primary, or special election and has not registered to	1960
vote in the county to which that registered elector moved may vote	1961
in that election if that registered elector complies with division	1962
(G) of this section or does all of the following:	1963

(1) Appears at any time during regular business hours on or	1964
after the twenty-eighth day prior to the election in which that	1965
registered elector wishes to vote or, if the election is held on	1966
the day of a presidential primary election, the twenty-fifth day	1967
prior to the election, through noon of the Saturday prior to the	1968
election at the office of the board of elections or, if pursuant	1969
to division (C) of section 3501.10 of the Revised Code the board	1970
has designated another location in the county at which registered	1971
electors may vote, at that other location instead of the office of	1972
the board of elections, appears during regular business hours on	1973
the Monday prior to theclose of voter registration for that	1974
election at the office of the board of elections or, if pursuant	1975
to division (C) of section 3501.10 of the Revised Code the board	1976
has designated another locationone or more other locations in the	1977
county at which registered electors may vote, at thatsuch other	1978
location instead of the office of the board of elections, or	1979
appears on the day of the election at the office of the board of	1980
elections or, if pursuant to division (C) of section 3501.10 of	1981
the Revised Code the board has designated another locationone or	1982
more other locations in the county at which registered electors	1983
may vote, at thatsuch other location instead of the office of	1984
the board of elections;	1985

(2) Completes and signs, under penalty of election	1986
falsification, a notice of change of residence and files it with	1987
election officials at the board of elections or, if pursuant to	1988
division (C) of section 3501.10 of the Revised Code the board has	1989
designated another locationone or more other locations in the	1990
county at which registered electors may vote, at thatsuch other	1991
location instead of the office of the board of elections;	1992

(3) VotesCasts a provisional ballot under section 3505.181	1993
of the Revised Code at the office of the board of elections or,	1994
if pursuant to division (C) of section 3501.10 of the Revised	1995
Code the board has designated another locationone or more other	1996
locations in the county at which registered electors may vote,	1997
at thatsuch other location instead of the office of the board	1998
of elections, using the address to which that registered elector	1999
has moved;	2000

(4) Completes and signs, under penalty of election	2001
falsification, a statement attesting that that registered elector	2002
has moved from one county to another county within the state on or	2003
prior to the day of the election, has voted at the office of the	2004
board of elections or, if pursuant to division (C) of section	2005
3501.10 of the Revised Code the board has designated another	2006
locationone or more other locations in the county at which	2007
registered electors may vote, at thatsuch other location instead	2008
of the office of the board of elections, and will not vote or	2009
attempt to vote at any other location for that particular	2010
election. The statement required under division (C)(4) of this	2011
section shall be included on the notice of change of residence	2012
required under division (C)(2) of this section.	2013

(D) A person who votes by absent voter's ballots pursuant to	2014
division (G) of this section shall not make written application	2015
for the ballots pursuant to Chapter 3509. of the Revised Code.	2016
Ballots cast pursuant to division (G) of this section shall be set	2017
aside in a special envelope and counted during the official	2018
canvass of votes in the manner provided for in sections 3505.32	2019
and 3509.06 of the Revised Code insofar as that manner is	2020
applicable. The board shall examine the pollbooks to verify that	2021
no ballot was cast at the polls or by absent voter's ballots under	2022
Chapter 3509. or 3511. of the Revised Code by an elector who has	2023
voted by absent voter's ballots pursuant to division (G) of this	2024
section. Any ballot determined to be insufficient for any of the	2025
reasons stated above or stated in section 3509.07 of the Revised	2026
Code shall not be counted.	2027

Subject to division (C) of section 3501.10 of the Revised	2028
Code, a board of elections may lease or otherwise acquire a site	2029
different from the office of the board at which registered	2030
electors may vote pursuant to division (B) or (C) of this section.	2031
(1) Any registered elector who changes the elector's name on or	2032
prior to the day of a general, primary, or special election and	2033
has not filed a notice of change of name with the board of	2034
elections may vote in that election if that registered elector	2035
complies with division (G) of this section or does all of the	2036
following:	2037

(a) Appears at anytime during regular business hours after	2038
the close of voter registration for that election at the office of	2039
the board of elections or at another location if pursuant to	2040
division (C) of section 3501.10 of the Revised Code the board has	2041
designated one or more other locations in the county at which	2042
registered electors may vote, or appears on the day of the	2043
election at either of the following locations:	2044

(i) The polling place in the precinct in which that	2045
registered elector resides;	2046

(ii) The office of the board of elections or, if pursuant to	2047
division (C) of section 3501.10 of the Revised Code the board has	2048
designated one or more other locations in the county at which	2049
registered electors may vote, at such other location instead of	2050
the office of the board of elections.	2051

(b) Completes and signs, under penalty of election	2052
falsification, a notice of change of name and files it with	2053
election officials at the polling place, at the office of the	2054
board of elections, or, if pursuant to division (C) of section	2055
3501.10 of the Revised Code the board has designated one or more	2056
other locations in the county at which registered electors may	2057
vote, at such other location instead of the office of the board of	2058
elections, whichever is appropriate;	2059

(c) Casts a ballot at the polling place, at the office of the	2060
board of elections, or, if pursuant to division (C) of section	2061
3501.10 of the Revised Code the board has designated one or more	2062
other locations in the county at which registered electors may	2063
vote, at such other location instead of the office of the board of	2064
elections, whichever is appropriate, using the name of that	2065
registered elector as changed;	2066

(d) Completes and signs, under penalty of election	2067
falsification, a statement attesting that the registered elector	2068
changed the elector's name prior to the day of the election, has	2069
voted at the polling place in the precinct in which that	2070
registered elector resides, at the office of the board of	2071
elections, or, if pursuant to division (C) of section 3501.10 of	2072
the Revised Code the board has designated one or more other	2073
locations in the county at which registered electors may vote, at	2074
such other location instead of the office of the board of	2075
elections, whichever is appropriate, and will not vote or attempt	2076
to vote at any other location for that particular election. The	2077
statement required under division (D)(1)(d) of this section shall	2078
be included on the notice of change of name required under	2079
division (D)(1)(b) of this section.	2080

(2) A registered elector who moves from one precinct to	2081
another within a county and changes the elector's name, on or	2082
prior to the day of a general, primary, or special election and	2083
has not filed a notice of change of residence and a notice of	2084
change of name with the board of elections prior to the thirtieth	2085
day before the day of the election may vote in that election if	2086
the registered elector complies with division (G) of this section	2087
or does both of the following:	2088

(a) Complies with the procedures specified in division (B)(2)	2089
of this section for electors who move from one precinct to another	2090
within a county before an election; and	2091

(b) Files the notice of change of name specified in division	2092
(D)(1)(b) of this section in addition to any change of residence	2093
required under division (B)(2) of this section.	2094

(3) A registered elector who moves from one county to another	2095
county and changes the elector's name on or prior to the day of a	2096
general, primary, or special election and has not filed a notice	2097
of change of residence and a notice of change of name with the	2098
board of elections prior to the thirtieth day before the day of	2099
the election may vote in that election if the registered elector	2100
complies with division (G) of this section or does both of the	2101
following:	2102

(a) Complies with the procedures specified in division (C) of	2103
this section for electors who move from one county to another	2104
before an election; and	2105

(b) Files the notice of change of name specified in division	2106
(D)(1)(b) of this section in addition to any notice of change of	2107
residence required under division (C) of this section.	2108

(E) Upon receiving a change of residence or change of name	2109
form, the board of elections shall immediatelypromptly send the	2110
registrant an acknowledgment notice. If the change of residence	2111
or change of name form is valid, the board shall update the	2112
voter's registration as appropriate. If that form is incomplete,	2113
the board shall inform the registrant in the acknowledgment	2114
notice specified in this division of the information necessary to	2115
complete or update that registrant's registration.	2116

(F) Change of residence and change of name forms shall be	2117
available at each polling place, and when these forms are	2118
completed, noting changes of residence or name, as appropriate,	2119
they shall be filed with election officials at the polling place.	2120
Election officials shall return completed forms, together with the	2121
pollbooks and tally sheets, to the board of elections.	2122

The board of elections shall provide change of residence and	2123
change of name forms to the probate court and court of common	2124
pleas. The court shall provide the forms to any person eighteen	2125
years of age or older who has a change of name by order of the	2126
court or who applies for a marriage license. The court shall	2127
forward all completed forms to the board of elections within five	2128
days after receiving them.	2129

(G) A registered elector who otherwise would qualify to vote	2130
under division (B) or, (C), or (D) of this section but is unable	2131
to appear at the office of the board of elections or, if pursuant	2132
to division (C) of section 3501.10 of the Revised Code the board	2133
has designated another locationone or more other locations in	2134
the county at which registered electors may vote, at thatsuch	2135
other location, on account of personal illness, physical	2136
disability, or infirmity, may vote on the day of thein that	2137
election if that registered elector does all of the following:	2138

(1) Makes a written application that includes all of the	2139
information required under section 3509.03 of the Revised Code to	2140
the appropriate board for an absent voter's ballot on or after the	2141
twenty-seventhtwenty-eighth day prior to the election in which	2142
the registered elector wishes to vote through noon of the	2143
Saturday prior to that election and requests that the absent	2144
voter's ballot be sent to the address to which the registered	2145
elector has moved if the registered elector has moved or moved	2146
and changed the elector's name, or to the address of thata	2147
registered elector who has not moved but has had a change of	2148
name;	2149

(2) Declares that the registered elector has moved or, had a	2150
change of name, or both,whichever is appropriate, and otherwise	2151
is qualified to vote under the circumstances described in	2152
division (B) or (C) of this section, whichever is appropriate,	2153
but that the registered elector is unable to appear at the board	2154
of elections because of personal illness, physical disability, or	2155
infirmity;	2156

(3) Completes and returns along with the completed absent	2157
voter's ballot a notice of change of residence indicating the	2158
address to which the registered elector has moved, or a notice of	2159
change of name, or both, whichever is appropriate;	2160

(4) Completes and signs, under penalty of election	2161
falsification, a statement attesting that the registered elector	2162
has moved or, had a change of name, or both, on or prior to the	2163
day before the election, has voted by absent voter's ballot	2164
because of personal illness, physical disability, or infirmity	2165
that prevented the registered elector from appearing at the board	2166
of elections, and will not vote or attempt to vote at any other	2167
location or by absent voter's ballot mailed to any other location	2168
or address for that particular election.	2169

Sec. 3503.19.  (A) Persons qualified to register or to change	2170
their registration because of a change of address or change of	2171
name may register or change their registration in person at any	2172
state or local office of a designated agency, at the office of the	2173
registrar or any deputy registrar of motor vehicles, at a public	2174
high school or vocational school, at a public library, at the	2175
office of a county treasurer, or at a branch office established by	2176
the board of elections, or in person, through another person, or	2177
by mail at the office of the secretary of state or at the office	2178
of a board of elections. A registered elector may also change the	2179
elector's registration on election day at any polling place where	2180
the elector is eligible to vote, in the manner provided under	2181
section 3503.16 of the Revised Code.	2182

Any state or local office of a designated agency, the office	2183
of the registrar or any deputy registrar of motor vehicles, a	2184
public high school or vocational school, a public library, or the	2185
office of a county treasurer shall transmit any voter registration	2186
application or change of registration form that it receives to the	2187
board of elections of the county in which the state or local	2188
office is located, within five business days after receiving the	2189
voter registration application or change of registration form.	2190

An otherwise valid voter registration application that is	2191
returned to the appropriate office other than by mail must be	2192
received by a state or local office of a designated agency, the	2193
office of the registrar or any deputy registrar of motor vehicles,	2194
a public high school or vocational school, a public library, the	2195
office of a county treasurer, the office of the secretary of	2196
state, or the office of a board of elections no later than the	2197
thirtieth day preceding a primary, special, or general election	2198
for the person to qualify as an elector eligible to vote at that	2199
election. An otherwise valid registration application received	2200
after that day entitles the elector to vote at all subsequent	2201
elections.	2202

Any state or local office of a designated agency, the office	2203
of the registrar or any deputy registrar of motor vehicles, a	2204
public high school or vocational school, a public library, or the	2205
office of a county treasurer shall date stamp a registration	2206
application or change of name or change of address form it	2207
receives using a date stamp that does not disclose the identity of	2208
the state or local office that receives the registration.	2209

Voter registration applications, if otherwise valid, that are	2210
returned by mail to the office of the secretary of state or to the	2211
office of a board of elections must be postmarked no later than	2212
the thirtieth day preceding a primary, special, or general	2213
election in order for the person to qualify as an elector eligible	2214
to vote at that election. If an otherwise valid voter registration	2215
application that is returned by mail does not bear a postmark or a	2216
legible postmark, the registration shall be valid for that	2217
election if received by the office of the secretary of state or	2218
the office of a board of elections no later than twenty-five days	2219
preceding any special, primary, or general election.	2220

(B)(1) Any person may apply in person, by telephone, by mail,	2221
or through another person for voter registration forms to the	2222
office of the secretary of state or the office of a board of	2223
elections.	2224

(2)(a) An applicant may return the applicant's completed	2225
registration form in person or by mail to any state or local	2226
office of a designated agency, to a public high school or	2227
vocational school, to a public library, or to the office of a	2228
county treasurer, or in person or by mail to the office of the	2229
secretary of state, or to the office of a board of elections.	2230

(b) Subject to division (B)(2)(c) of this section, an	2231
applicant may return the applicant's completed registration form	2232
through another person to any board of elections or the office of	2233
the secretary of state.	2234

(c) A person who receives compensation for registering a	2235
voter shall return any registration form entrusted to that person	2236
by an applicant to any board of elections or to the office of the	2237
secretary of state.	2238

(d) If a board of elections or the office of the secretary of	2239
state receives a registration form under division (B)(2)(b) or (c)	2240
of this section before the thirtieth day before an election, the	2241
board or the office of the secretary of state, as applicable,	2242
shall forward the registration to the board of elections of the	2243
county in which the applicant is seeking to register to vote	2244
within ten days after receiving the application. If a board of	2245
elections or the office of the secretary of state receives a	2246
registration form under division (B)(2)(b) or (c) of this section	2247
on or after the thirtieth day before an election, the board or the	2248
office of the secretary of state, as applicable, shall forward the	2249
registration to the board of elections of the county in which the	2250
applicant is seeking to register to vote within thirty days after	2251
that election.	2252

(C)(1) A board of elections that receives a voter	2253
registration application and is satisfied as to the truth of the	2254
statements made in the registration form shall register the	2255
applicant not later than twentyten business days after receiving	2256
the application, unless that application is received during the	2257
thirtytwenty-eight days immediately preceding the day of an	2258
election. The board shall promptly notify the applicant in	2259
writing of each of the following:	2260

(a) The applicant's registration;

2261

(b) The precinct in which the applicant is to vote;

2262

(c) In bold type as follows:

2263

"Voters must bring identification to the polls in order to	2264
verify identity. Identification may include either a current and	2265
valid photo identification or any two current and valid items	2266
that list the voter's name in a manner that substantially	2267
conforms to the voter's name on the statewide voter registration	2268
database and are from a nonprofit organization, an institution, a	2269
business, or a government entity. Identification for a first-time	2270
voter who registered to vote by mail, did not include proper	2271
identification with the registration application, and has not	2272
previously voted in a federal election in Ohio may include a	2273
current and valid photo identification, a military	2274
identification, or a copy of a current utility bill, bank	2275
statement, government check, paycheck, or other government	2276
document, other than this notification or a notification of an	2277
election mailed by a board of elections, that shows the voter's	2278
name and current address. Voters who do not have or who do not	2279
provide one of these documents will still be able to vote by	2280
providing the last four digits of the voter's social security	2281
number and by casting a provisional ballot. Voters who do not	2282
have any of the above forms of identification, including a	2283
social security number, will still be able to vote by signing an	2284
affirmation swearing to the voter's identity under penalty of	2285
election falsification and by casting a provisional ballot."	2286

The notification shall be by nonforwardable mail. If the mail	2287
is returned to the board, it shall investigate and cause the	2288
notification to be delivered to the correct address.	2289

(2) If the board does not accept the application for	2290
registration, it shall notify the applicant, by whatever means of	2291
contact the applicant has provided on the registration	2292
application, of the reasons for rejecting the application and	2293
request that the applicant provide whatever information or	2294
verification is necessary to complete the application.	2295

The applicant may provide the required information by mail,	2296
electronic mail, telephone, or facsimile transmission, through the	2297
internet, or in person at the office of the board of elections. If	2298
the application is missing a signature, the applicant may provide	2299
a signed statement that the applicant submitted the application. A	2300
signature provided on a signed statement under this division shall	2301
be considered the applicant's signature on the application for the	2302
purposes of processing an otherwise valid application for voter	2303
registration.	2304

The secretary of state shall prescribe uniform standards for	2305
processing additional information by mail, electronic mail,	2306
telephone, facsimile transmission, through the internet, or in	2307
person at the office of the board of elections under this	2308
division.	2309

If the applicant provides the required information, the board	2310
shall promptly register the applicant. If the information is	2311
provided after the close of voter registration for the next	2312
election, the voter shall not be eligible to vote in that	2313
election.	2314

(3) If, after investigating as required under division (C)(1)	2315
of this section, the board is unable to verify the voter's correct	2316
address, it shall cause the voter's name in the official	2317
registration list and in the poll list or signature pollbook to be	2318
marked to indicate that the voter's notification was returned to	2319
the board.	2320

At the first election at which a voter whose name has been so	2321
marked appears to vote, the voter shall be required to provide	2322
identification to the election officials and to vote by	2323
provisional ballot under section 3505.181 of the Revised Code. If	2324
the provisional ballot is counted pursuant to division (B)(3) of	2325
section 3505.183 of the Revised CodeBased on the provided	2326
identification, the board shall correct that voter's	2327
registration, if needed, and shall remove the indication that the	2328
voter's notification was returned from that voter's name on the	2329
official registration list and on the poll list or signature	2330
pollbook. If the provisional ballot is not counted pursuant to	2331
division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the	2332
Revised Code, the voter's registration shall be canceled. The	2333
board shall notify the voter by United States mail of the	2334
cancellation.	2335

(3)(4) If a notice of the disposition of an otherwise valid	2336
registration application is sent by nonforwardable mail and is	2337
returned undelivered, the person shall be registered as provided	2338
in division (C)(2)(3) of this section and sent a confirmation	2339
notice by forwardable mail. If the person fails to respond to the	2340
confirmation notice, update the person's registration, or vote by	2341
provisional ballot as provided in division (C)(2) of this section	2342
in any election during the period of two federal elections	2343
subsequent to the mailing of the confirmation notice, the person's	2344
registration shall be canceled.	2345

Sec. 3503.21.  (A) The registration of a registered elector	2346
shall be canceled upon the occurrence of any of the following:	2347

(1) The filing by a registered elector of a written request	2348
with a board of elections, on a form prescribed by the secretary	2349
of state and signed by the elector, that the registration be	2350
canceled. The filing of such a request does not prohibit an	2351
otherwise qualified elector from reregistering to vote at any	2352
time.	2353

(2) The filing of a notice of the death of the registered	2354
elector as provided in division (F) of this section 3503.18 of the	2355
Revised Codeor the filing of an official notice of death of the	2356
registered elector with the board of elections by the chief health	2357
officer of a jurisdiction outside of Ohio;	2358

(3) The conviction of the registered elector of a felony	2359
under the laws of this state, any other state, or the United	2360
States as provided in section 2961.01 of the Revised Code;	2361

(4) The adjudication of incompetency of the registered	2362
elector for the purpose of voting as provided in section 5122.301	2363
of the Revised Code;	2364

(5) The change of residence of the registered elector to a	2365
location outside the county of registration in accordance with	2366
division (B) of this section;	2367

(6) The failure of the registered elector, after having been	2368
mailed a confirmation notice, to do either of the following:	2369

(a) Respond to such a notice and vote at least once during a	2370
period of four consecutive years, which period shall include two	2371
general federal elections;	2372

(b) Update the elector's registration and vote at least once	2373
during a period of four consecutive years, which period shall	2374
include two general federal elections.	2375

(B)(1) The secretary of state shall prescribe procedures to	2376
identify and cancel the registration in a prior county of	2377
residence of any registrant who changes the registrant's voting	2378
residence to a location outside the registrant's current county of	2379
registration. Any procedures prescribed in this division shall be	2380
uniform and nondiscriminatory, and shall comply with the Voting	2381
Rights Act of 1965. The secretary of state may prescribe	2382
procedures under this division that include the use of the	2383
national change of address service provided by the United States	2384
postal system through its licensees. Any program so prescribed	2385
shall be completed not later than ninety days prior to the date of	2386
any primary or general election for federal office.	2387

(2) The registration of any elector identified as having	2388
changed the elector's voting residence to a location outside the	2389
elector's current county of registration shall not be canceled	2390
unless the registrant is sent a confirmation notice on a form	2391
prescribed by the secretary of state and the registrant fails to	2392
respond to the confirmation notice or otherwise update the	2393
registration and fails to vote in any election during the period	2394
of two federal elections subsequent to the mailing of the	2395
confirmation notice.	2396

(C) The registration of a registered elector shall not be	2397
canceled except as provided in this section, division (Q) of	2398
section 3501.05 of the Revised Code, division (C)(2) of section	2399
3503.19 of the Revised Code, or division (C)(E) of section 3503.24	2400
of the Revised Code.	2401

(D) Boards of elections shall send their voter registration	2402
information to the secretary of state as required under section	2403
3503.15 of the Revised Code. In the first quarter of each	2404
odd-numbered year, the secretary of state shall send the	2405
information to the national change of address service described in	2406
division (B) of this section and request that service to provide	2407
the secretary of state with a list of any voters sent by the	2408
secretary of state who have moved within the last thirty-six	2409
months. The secretary of state shall transmit to each appropriate	2410
board of elections whatever lists the secretary of state receives	2411
from that service. The board shall send a notice to each person on	2412
the list transmitted by the secretary of state requesting	2413
confirmation of the person's change of address, together with a	2414
postage prepaid, preaddressed return envelope containing a form on	2415
which the voter may verify or correct the change of address	2416
information.	2417

(E) The registration of a registered elector described in	2418
division (A)(6) or (B)(2) of this section shall be canceled not	2419
later than one hundred twenty days after the date of the second	2420
general federal election in which the elector fails to vote or not	2421
later than one hundred twenty days after the expiration of the	2422
four-year period in which the elector fails to vote or respond to	2423
a confirmation notice, whichever is later.	2424

(F)(1) The chief health officer of each political subdivision	2425
and the state director of health shall file with the board of	2426
elections, at least once each month, the names, dates of birth,	2427
dates of death, and residence addresses of all Ohio residents,	2428
over eighteen years of age, who have died within such	2429
subdivision or within this state or another state, respectively,	2430
within such month.	2431

(2) At least once each month the probate judge shall file	2432
with the board of elections the names and residence addresses of	2433
all persons over eighteen years of age who have been adjudicated	2434
incompetent for the purpose of voting, as provided in section	2435
5122.301 of the Revised Code.	2436

(3) At least once each month the clerk of the court of	2437
common pleas shall file with the board of elections the names and	2438
residence addresses of all persons who have been convicted and	2439
incarcerated during the previous month of crimes that would	2440
disfranchise such persons under existing laws of the state.	2441
Reports of conviction and incarceration of crimes under the laws	2442
of the United States that would disfranchise an elector and that	2443
are provided to the secretary of state by any United States	2444
attorney shall be forwarded by the secretary of state to the	2445
appropriate board of elections.	2446

(4) Upon receipt of any report described in division (F)(1),	2447
(2), or (3) of this section, the board of elections shall	2448
promptly cancel the registration of the elector. If the report	2449
contains a residence address of an elector in a county other than	2450
the county in which the board of elections is located, the	2451
director shall promptly send a copy of the report to the	2452
appropriate board of elections, which shall cancel the	2453
registration.	2454

Sec. 3503.24. (A) Application for the correction of any	2455
precinct registration list or a challenge of the right to vote of	2456
any registered elector may be made by any qualified elector of the	2457
county at the office of the board of elections not later than	2458
twenty days prior to the election. The applicationsapplication or	2459
challengeschallenge, with the reasons for the application or	2460
challenge, shall be filed with the board on a form prescribed by	2461
the secretary of state and shall be signed under penalty of	2462
election falsification.	2463

(B) A challenge to an elector's right to vote shall be	2464
considered by the board of elections only if the elector is being	2465
challenged on any of the following grounds:	2466

(1) That the person is not a resident of the precinct in	2467
which the person is registered to vote;	2468

(2) That the person is not a citizen of the United States;

2469

(3) That the person is not eighteen years of age or older;

2470

(4) That the person is not a qualified elector for that	2471
election.	2472

Challenges shall be made only if the challenger knows or	2473
reasonably believes that the challenged elector is not qualified	2474
and entitled to vote.	2475

(C) On receiving an application or challenge filed under this	2476
section, the board of elections promptly shall review the board's	2477
records. If the board is able to determine that an application or	2478
a challenge should be granted or denied solely on the basis of the	2479
records maintained by the board, the board immediately shall vote	2480
to grant or deny that application or challenge.	2481

If the board is not able to determine whether an application	2482
or challenge should be granted or denied solely on the basis of	2483
the records maintained by the boardIf the board is able to	2484
determine that an application for the correction of any precinct	2485
registration list should be granted solely on the basis of the	2486
records maintained by the board, the board immediately shall vote	2487
to grant that application.	2488

Otherwise, the director shall promptly set a time and date	2489
for a hearing before the board. Except as otherwise provided in	2490
division (D) of this section, theThe hearing shall be held, and	2491
the application or challenge shall be decided, no later than ten	2492
days after the board receives the application or challenge. The	2493
director shall send written notice to any elector whose right to	2494
vote is challenged and to any person whose name is alleged to have	2495
been omitted from a registration list. The notice shall inform the	2496
person of the time and date of the hearing, and of the person's	2497
right to appear and testify, call witnesses, and be represented by	2498
counsel. Theall of the following:	2499

(1) That an application for the correction of a precinct	2500
registration list or a challenge of the right to vote of the	2501
registered elector has been made;	2502

(2) The name of the person submitting the application or	2503
challenge, as applicable, which shall be accompanied by a copy of	2504
the application or challenge form submitted to the board;	2505

(3) The time, date, and place of the hearing;

2506

(4) That the elector has a right to appear and testify at the	2507
public hearing and present evidence relevant to the challenge or	2508
application;	2509

(5) That the elector has a right to call and subpoena	2510
witnesses to appear at the hearing;	2511

(6) That the elector has a right to be represented by counsel	2512
at the hearing and may cross-examine witnesses;	2513

(7) That, at the conclusion of the hearing, the cancellation	2514
of the voter's registration or correction of the precinct	2515
registration list requires a majority vote of the members of the	2516
board of elections.	2517

The notice shall be sent by first class mail no later than	2518
threeseven days before the day of any scheduled hearing. The	2519
director shall also provide the person who filed the application	2520
or challenge with suchthe same written notice of the date and	2521
time of the hearing.	2522

At the request of either party or any member of the board,	2523
the board shall issue subpoenas to witnesses to appear and testify	2524
before the board at a hearing held under this section. All	2525
witnesses shall testify under oath. The	2526

(D) The board shall reach a decision on all applications and	2527
challenges immediately after hearing. A public vote of three	2528
members of the board shall be necessary to uphold a challenge on	2529
a person's right to vote or to correct a precinct registration	2530
list under this section. In the case of a tie vote or	2531
disagreement in the board, the board shall submit the matter and	2532
all related materials to the secretary of state in accordance	2533
with division (X) of section 3501.11 of the Revised Code.	2534

(C)(E) If the board decides that any such person is not	2535
entitled to have the person's name on the registration list, the	2536
person's name shall be removed from the list and the person's	2537
registration forms canceled. If the board decides that the name of	2538
any such person should appear on the registration list, it shall	2539
be added to the list, and the person's registration forms placed	2540
in the proper registration files. All such corrections and	2541
additions shall be made on a copy of the precinct lists, which	2542
shall constitute the poll lists, to be furnished to the respective	2543
precincts with other election supplies on the day preceding the	2544
election, to be used by the election officials in receiving the	2545
signatures of voters and in checking against the registration	2546
forms.	2547

(D)(1) If an application or challenge for which a hearing is	2548
required to be conducted under division (B) of this section is	2549
filed after the thirtieth day before the day of an election, the	2550
board of elections, in its discretion, may postpone that hearing	2551
and any notifications of that hearing until after the day of the	2552
election. Any hearing postponed under this division shall be	2553
conducted not later than ten days after the day of the election.	2554

(2) The board of elections shall cause the name of any	2555
registered elector whose registration is challenged and whose	2556
challenge hearing is postponed under division (D)(1) of this	2557
section to be marked in the official registration list and in the	2558
poll list or signature pollbook for that elector's precinct to	2559
indicate that the elector's registration is subject to challenge.	2560

(3) Any elector who is the subject of an application or	2561
challenge hearing that is postponed under division (D)(1) of this	2562
section shall be permitted to vote a provisional ballot under	2563
section 3505.181 of the Revised Code. The validity of a	2564
provisional ballot cast pursuant to this section shall be	2565
determined in accordance with section 3505.183 of the Revised	2566
Code, except that no such provisional ballot shall be counted	2567
unless the hearing conducted under division (B) of this section	2568
after the day of the election results in the elector's inclusion	2569
in the official registration list.	2570

Sec. 3503.28.  (A) The secretary of state shall develop an	2571
information brochure regarding voter registration. The brochure	2572
shall include, but is not limited to, all of the following	2573
information:	2574

(1) The applicable deadlines for registering to vote or for	2575
returning an applicant's completed registration form;	2576

(2) The applicable deadline for returning an applicant's	2577
completed registration form if the person returning the form is	2578
being compensated for registering voters;	2579

(3) The locations to which a person may return an applicant's	2580
completed registration form;	2581

(4) The location to which a person who is compensated for	2582
registering voters may return an applicant's completed	2583
registration form;	2584

(5) The registration and affirmation requirements applicable	2585
to persons who are compensated for registering voters under	2586
section 3503.29 of the Revised Code;	2587

(6) A notice, which shall be written in bold type, stating as	2588
follows:	2589

"Voters must bring identification to the polls in order to	2590
verify identity. Identification may include a current and valid	2591
photo identification or any two current and valid items that list	2592
the voter's name in a manner that substantially conforms to the	2593
voter's name on the statewide voter registration database and are	2594
from a nonprofit organization, an institution, a business, or a	2595
government entity. Identification for a first-time voter who	2596
registered to vote by mail, did not include proper identification	2597
with the registration application, and has not previously voted in	2598
a federal election in Ohio may include a current and valid photo	2599
identification, a military identification, or a copy of a current	2600
utility bill, bank statement, government check, paycheck, or	2601
other government document, other than a notice of an election or	2602
a voter registration notification sent by a board of elections,	2603
that shows the voter's name and current address. Voters who do	2604
not have or who do not provide one of these documents will still	2605
be able to vote by providing the last four digits of the voter's	2606
social security number and by casting a provisional ballot.	2607
Voters who do not have any of the above forms of identification,	2608
including a social security number, will still be able to vote by	2609
signing an affirmation swearing to the voter's identity under	2610
penalty of election falsification and by casting a provisional	2611
ballot."	2612

(B) Except as otherwise provided in division (D) of this	2613
section, a board of elections, designated agency, public high	2614
school, public vocational school, public library, office of a	2615
county treasurer, or deputy registrar of motor vehicles shall	2616
distribute a copy of the brochure developed under division (A) of	2617
this section to any person who requests more than two voter	2618
registration forms at one time.	2619

(C)(1) The secretary of state shall provide the information	2620
required to be included in the brochure developed under division	2621
(A) of this section to any person who prints a voter registration	2622
form that is made available on a web site of the office of the	2623
secretary of state.	2624

(2) If a board of elections operates and maintains a web	2625
site, the board shall provide the information required to be	2626
included in the brochure developed under division (A) of this	2627
section to any person who prints a voter registration form that is	2628
made available on that web site.	2629

(D) A board of elections shall not be required to distribute	2630
a copy of a brochure under division (B) of this section to any of	2631
the following officials or employees who are requesting more than	2632
two voter registration forms at one time in the course of the	2633
official's or employee's normal duties:	2634

(1) An election official;

2635

(2) A county treasurer;

2636

(3) A deputy registrar of motor vehicles;

2637

(4) An employee of a designated agency;

2638

(5) An employee of a public high school;

2639

(6) An employee of a public vocational school;

2640

(7) An employee of a public library;

2641

(8) An employee of the office of a county treasurer;

2642

(9) An employee of the bureau of motor vehicles;

2643

(10) An employee of a deputy registrar of motor vehicles;

2644

(11) An employee of an election official.

2645

(E) As used in this section, "registering voters" includes	2646
any effort, for compensation, to provide voter registration forms	2647
or to assist persons in completing or returning those forms.	2648

Sec. 3505.03.  On the office type ballot shall be printed the	2649
names of all candidates for election to offices, except judicial	2650
offices, who were nominated at the most recent primary election as	2651
candidates of a political party or who were nominated in	2652
accordance with section 3513.02 of the Revised Code, and the names	2653
of all candidates for election to offices who were nominated by	2654
nominating petitions, except candidates for judicial offices, for	2655
member of the state board of education, for member of a board of	2656
education, for municipal offices, and for township offices.	2657

The face of the ballot below the stub shall be substantially	2658
in the following form:	2659

"OFFICIAL OFFICE TYPE BALLOT Official Office Type Ballot	2660

(A) To vote for a candidate record, mark your vote in the	2661
manner providedchoice next to the candidate's name of such	2662
candidate.	2663

(B) If you tear, soil, deface, or erroneously mark this	2664
ballot, return it to the precinct election officers or, if you	2665
cannot return it, notify the precinct election officers, and	2666
obtain another ballotmake a mistake or want to change your vote,	2667
ask an election official for a new ballot. You may ask for a new	2668
ballot up to two times."	2669

The order in which the offices shall be listed on the ballot	2670
shall be prescribed by, and certified to each board of elections	2671
by, the secretary of state; provided that for state, district, and	2672
county offices the order from top to bottom shall be as follows:	2673
governor and lieutenant governor, attorney general, auditor of	2674
state, secretary of state, treasurer of state, United States	2675
senator, representative to congress, state senator, state	2676
representative, county commissioner, county auditor, prosecuting	2677
attorney, clerk of the court of common pleas, sheriff, county	2678
recorder, county treasurer, county engineer, and coroner. The	2679
offices of governor and lieutenant governor shall be printed on	2680
the ballot in a manner that requires a voter to cast one vote	2681
jointly for the candidates who have been nominated by the same	2682
political party or petition.	2683

The names of all candidates for an office shall be arranged	2684
in a group under the title of that office, and, except for	2685
absenteeabsent voter's ballots or when the number of candidates	2686
for a particular office is the same as the number of candidates to	2687
be elected for that office, shall be rotated from one precinct to	2688
another. On absenteeabsent voter's ballots, the names of all	2689
candidates for an office shall be arranged in a group under the	2690
title of that office and shall be so alternated that each name	2691
shall appear, insofar as may be reasonably possible, substantially	2692
an equal number of times at the beginning, at the end, and in each	2693
intermediate place, if any, of the group in which such name	2694
belongs, unless the number of candidates for a particular office	2695
is the same as the number of candidates to be elected for that	2696
office.	2697

The method of printing the ballots to meet the rotation	2698
requirement of this section shall be as follows: the least common	2699
multiple of the number of names in each of the several groups of	2700
candidates shall be used, and the number of changes made in the	2701
printer's forms in printing the ballots shall correspond with that	2702
multiple. The board of elections shall number all precincts in	2703
regular serial sequence. In the first precinct, the names of the	2704
candidates in each group shall be listed in alphabetical order. In	2705
each succeeding precinct, the name in each group that is listed	2706
first in the preceding precinct shall be listed last, and the name	2707
of each candidate shall be moved up one place. In each precinct	2708
using paper ballots, the printed ballots shall then be assembled	2709
in tablets. Under	2710

The title of each office and the name of each candidate shall	2711
be printed flush left and shall not be centered on the ballot or	2712
in any column appearing on the ballot. The name of each candidate	2713
shall be printed using standard capitalization in accordance with	2714
instructions provided by the secretary of state and shall not be	2715
printed using all capital letters.	2716

Except as otherwise provided in any section of the Revised	2717
Code, the names of candidates for nomination or election to the	2718
same office shall not appear on different pages of a printed	2719
ballot. To the extent practical, the names of candidates for	2720
nomination or election to the same office shall not appear in	2721
different columns on the same page.	2722

Except as otherwise provided in any section of the Revised	2723
Code, the names of candidates for nomination or election to the	2724
same office shall not appear on different ballot screens on direct	2725
recording electronic voting machines. To the extent practical, the	2726
names of candidates for the same office shall not appear in	2727
different columns on the same screen.	2728

Under the name of each candidate nominated at a primary	2729
election and each candidatenominated pursuant to section 3513.02	2730
of the Revised Code, or certified by a party committee to fill a	2731
vacancy under section 3513.31 of the Revised Code shall be	2732
printed, in less prominent type face than that in which the	2733
candidate's name is printed, the name of the political party by	2734
which the candidate was nominated or certified. Under the name of	2735
each candidate appearing on the ballot who filed a nominating	2736
petition and requested a ballot designation as a nonparty	2737
candidate under section 3513.257 of the Revised Code shall be	2738
printed, in less prominent type face than that in which the	2739
candidate's name is printed, the designation of "nonparty	2740
candidate." Under the name of each candidate appearing on the	2741
ballot who filed a nominating petition and requested a ballot	2742
designation as an other-party candidate under section 3513.257 of	2743
the Revised Code shall be printed, in less prominent type face	2744
than that in which the candidate's name is printed, the	2745
designation of "other-party candidate." No designation shall	2746
appear under the name of a candidate appearing on the ballot who	2747
filed a nominating petition and requested that no ballot	2748
designation appear under the candidate's name under section	2749
3513.257 of the Revised Code, or who filed a nominating petition	2750
and failed to request a ballot designation either as a nonparty	2751
candidate or as an other-party candidate under that section.	2752

Except as provided in this section, no words, designations,	2753
or emblems descriptive of a candidate or the candidate's political	2754
affiliation, or indicative of the method by which the candidate	2755
was nominated or certified, shall be printed under or after a	2756
candidate's name that is printed on the ballot.	2757

Sec. 3505.04.  On the nonpartisan ballot shall be printed the	2758
names of all nonpartisan candidates for election to judicial	2759
office, office of member of the state board of education, office	2760
of member of a board of education, municipal or township offices	2761
for municipal corporations and townships in which primary	2762
elections are not held for nomination of candidates by political	2763
parties, and municipal offices of municipal corporations having	2764
charters which provide for separate ballots for elections for such	2765
municipal offices.	2766

Such ballots shall have printed across the top, and below the	2767
stubs, "Official Nonpartisan Ballot."	2768

The order in which the offices are listed on the ballot shall	2769
be prescribed by, and certified to each board of elections by, the	2770
secretary of state; provided that the office of member of the	2771
state board of education shall be listed first on the ballot, then	2772
state, district, and county judicial offices shall be listed on	2773
the ballot in such order, followed by municipal and township	2774
offices, and by offices of member of a board of education, in the	2775
order stated.	2776

Within the rectangular space within which the title of each	2777
judicial office is printed on the ballot and immediately below	2778
such title shall be printed the date of the commencement of the	2779
term of the office, if a full term, as follows: "Full term	2780
commencing .......(Date).......," or the date of the end of the	2781
term of the office, if an unexpired term, as follows: "Unexpired	2782
term ending .......(Date)........"	2783

The secretary of state shall prescribe the information and	2784
directions to the voter to be printed on the ballot within the	2785
rectangular space in which the title of office of member of the	2786
state board of education appears.	2787

Within the rectangular space within which the title of each	2788
office for member of a board of education is printed on the ballot	2789
shall be printed "For Member of Board of Education," and the	2790
number to be elected, directions to the voter as to voting for	2791
one, two, or more, and, if the office to be voted for is member of	2792
a board of education of a city school district, words shall be	2793
printed in said space on the ballot to indicate whether candidates	2794
are to be elected from subdistricts or at large.	2795

The names of all nonpartisan candidates for an office shall	2796
be arranged in a group under the title of that office, and shall	2797
be rotated and printed on the ballot as provided in section	2798
3505.03 of the Revised Code.	2799

The title of each office and the name of each candidate shall	2800
be printed flush left and shall not be centered on the ballot or	2801
in any column appearing on the ballot. The name of each candidate	2802
shall be printed using standard capitalization in accordance with	2803
instructions provided by the secretary of state and shall not be	2804
printed using all capital letters. No name or designation of any	2805
political party nor any words, designations, or emblems	2806
descriptive of a candidate or histhe candidate's political	2807
affiliation, or indicative of the method by which such candidate	2808
was nominated or certified, shall be printed under or after any	2809
nonpartisan candidate's name which is printed on the ballot.	2810

Sec. 3505.06.  (A) On the questions and issues ballot shall	2811
be printed all questions and issues to be submitted at any one	2812
election together with the percentage of affirmative votes	2813
necessary for passage as required by law. Such ballot shall have	2814
printed across the top thereof, and below the stubs, "Official	2815
Questions and Issues Ballot."	2816

(B)(1) Questions and issues shall be grouped together on the	2817
ballot from top to bottom as provided in division (B)(1) of this	2818
section, except as otherwise provided in division (B)(2) of this	2819
section. State questions and issues shall always appear as the top	2820
group of questions and issues. In calendar year 1997, the	2821
following questions and issues shall be grouped together on the	2822
ballot, in the following order from top to bottom, after the state	2823
questions and issues:	2824

(a) County questions and issues;

2825

(b) Municipal questions and issues;

2826

(c) Township questions and issues;

2827

(d) School or other district questions and issues.

2828

In each succeeding calendar year after 1997, each group of	2829
questions and issues described in division (B)(1)(a) to (d) of	2830
this section shall be moved down one place on the ballot except	2831
that the group that was last on the ballot during the immediately	2832
preceding calendar year shall appear at the top of the ballot	2833
after the state questions and issues. The rotation shall be	2834
performed only once each calendar year, beginning with the first	2835
election held during the calendar year. The rotation of groups of	2836
questions and issues shall be performed during each calendar year	2837
as required by division (B)(1) of this section, even if no	2838
questions and issues from any one or more such groups appear on	2839
the ballot at any particular election held during that calendar	2840
year.	2841

(2) Questions and issues shall be grouped together on the	2842
ballot, from top to bottom, in the following order when it is not	2843
practicable to group them together as required by division (B)(1)	2844
of this section because of the type of voting machines used by the	2845
board of elections: state questions and issues, county questions	2846
and issues, municipal questions and issues, township questions and	2847
issues, and school or other district questions and issues. The	2848
particular order in which each of a group of state questions or	2849
issues is placed on the ballot shall be determined by, and	2850
certified to each board of elections by, the secretary of state.	2851

(3) Failure of the board of elections to rotate questions and	2852
issues as required by division (B)(1) of this section does not	2853
affect the validity of the election at which the failure occurred,	2854
and is not grounds for contesting an election under section	2855
3515.08 of the Revised Code.	2856

(C) The particular order in which each of a group of county,	2857
municipal, township, or school district questions or issues is	2858
placed on the ballot shall be determined by the board providing	2859
the ballots.	2860

(D) The printed matter pertaining to each question or issue	2861
on the ballot shall be enclosed at the top and bottom thereof by a	2862
heavy horizontal line across the width of the ballot. Immediately	2863
below such top line shall be printed a brief title descriptive of	2864
the question or issue below it, such as "Proposed Constitutional	2865
Amendment," "Proposed Bond Issue," "Proposed Annexation of	2866
Territory," "Proposed Increase in Tax Rate," or such other brief	2867
title as will be descriptive of the question or issue to which it	2868
pertains, together with a brief statement of the percentage of	2869
affirmative votes necessary for passage, such as "A sixty-five per	2870
cent affirmative vote is necessary for passage," "A majority vote	2871
is necessary for passage," or such other brief statement as will	2872
be descriptive of the percentage of affirmative votes required.	2873

(E)(1) The questions and issues ballot need not contain the	2874
full text of the proposal to be voted upon. A condensed text that	2875
will properly describe the question, issue, or an amendment	2876
proposed by other than the general assembly shall be used as	2877
prepared and certified by the secretary of state for state-wide	2878
questions or issues or by the board for local questions or issues.	2879
If other than a full text is used, the full text of the proposed	2880
question, issue, or amendment together with the percentage of	2881
affirmative votes necessary for passage as required by law shall	2882
be posted in each polling place in some spot that is easily	2883
accessible to the voters.	2884

(2)(a) Except as otherwise provided in division (E)(2)(b) of	2885
this section, ballot language for any state or local question,	2886
issue, or amendment shall not exceed three hundred words.	2887

(b) Division (E)(2)(a) of this section shall not apply to any	2888
question, issue, or amendment if the Revised Code or a municipal	2889
or county charter specifies a ballot form or ballot language for	2890
that question, issue, or amendment, and the ballot form or ballot	2891
language specified in the Revised Code or a municipal or county	2892
charter exceeds three hundred words.	2893

(F) Each question and issue appearing on the questions and	2894
issues ballot may be consecutively numbered. The question or issue	2895
determined to appear at the top of the ballot may be designated on	2896
the face thereof by the Arabic numeral "1" and all questions and	2897
issues placed below on the ballot shall be consecutively numbered.	2898
Such numeral shall be placed below the heavy top horizontal line	2899
enclosing such question or issue and to the left of the brief	2900
title thereof.	2901

Sec. 3505.062.  The Ohio ballot board shall do all of the	2902
following:	2903

(A) Examine, within ten days after its receipt, each written	2904
initiative petition received from the attorney general under	2905
section 3519.01 of the Revised Code to determine whether it	2906
contains only one proposed law or constitutional amendment so as	2907
to enable the voters to vote on a proposal separately. If the	2908
board so determines, it shall certify its approval to the attorney	2909
general, who then shall file with the secretary of state in	2910
accordance with division (A) of section 3519.01 of the Revised	2911
Code a verified copy of the proposed law or constitutional	2912
amendment together with its summary and the attorney general's	2913
certification of it.	2914

If the board determines that the initiative petition contains	2915
more than one proposed law or constitutional amendment, the board	2916
shall divide the initiative petition into individual petitions	2917
containing only one proposed law or constitutional amendment so as	2918
to enable the voters to vote on each proposal separately and	2919
certify its approval to the attorney general. If the board so	2920
divides an initiative petition and so certifies its approval to	2921
the attorney general, the petitioners shall resubmit to the	2922
attorney general appropriate summaries for each of the individual	2923
petitions arising from the board's division of the initiative	2924
petition, and the attorney general then shall review the	2925
resubmissions as provided in division (A) of section 3519.01 of	2926
the Revised Code.	2927

(B) Prescribe the ballot language for constitutional	2928
amendments proposed by the general assembly to be printed on the	2929
questions and issues ballot, which language shall properly	2930
identify the substance of the proposal to be voted upon but shall	2931
not exceed three hundred words;	2932

(C) Prepare an explanation of each constitutional amendment	2933
proposed by the general assembly, which explanation may include	2934
the purpose and effects of the proposed amendment;	2935

(D) Certify the ballot language and explanation, if any, to	2936
the secretary of state no later than seventy-five days before the	2937
election at which the proposed question or issue is to be	2938
submitted to the voters;	2939

(E) Prepare, or designate a group of persons to prepare,	2940
arguments in support of or in opposition to a constitutional	2941
amendment proposed by a resolution of the general assembly, a	2942
constitutional amendment or state law proposed by initiative	2943
petition, or a state law, or section or item of state law, subject	2944
to a referendum petition, if the persons otherwise responsible for	2945
the preparation of those arguments fail to timely prepare and file	2946
them;	2947

(F) Direct the means by which the secretary of state shall	2948
disseminate information concerning proposed constitutional	2949
amendments, proposed laws, and referenda to the voters;	2950

(G) Direct the secretary of state to contract for the	2951
publication in a newspaper of general circulation in each county	2952
in the state of the ballot language, explanations, and arguments	2953
regarding each of the following:	2954

(1) A constitutional amendment or law proposed by initiative	2955
petition under Section 1g of Article II of the Ohio Constitution;	2956

(2) A law, section, or item of law submitted to the electors	2957
by referendum petition under Section 1g of Article II of the Ohio	2958
Constitution;	2959

(3) A constitutional amendment submitted to the electors by	2960
the general assembly under Section 1 of Article XVI of the Ohio	2961
Constitution.	2962

Sec. 3505.08. (A) Ballots shall be provided by the board of	2963
elections for all general and special elections. The ballots shall	2964
be printed with black ink on No. 2 white book paper fifty pounds	2965
in weight per ream assuming such ream to consist of five hundred	2966
sheets of such paper twenty-five by thirty-eight inches in size.	2967
Each ballot shall have attached at the top two stubs, each of the	2968
width of the ballot and not less than one-half inch in length,	2969
except that, if the board of elections has an alternate method to	2970
account for the ballots that the secretary of state has	2971
authorized, each ballot may have only one stub that shall be the	2972
width of the ballot and not less than one-half inch in length. In	2973
the case of ballots with two stubs, the stubs shall be separated	2974
from the ballot and from each other by perforated lines. The top	2975
stub shall be known as Stub B and shall have printed on its face	2976
"Stub B." The other stub shall be known as Stub A and shall have	2977
printed on its face "Stub A." Each stub shall also have printed on	2978
its face "Consecutive Number .........."	2979

Each ballot of each kind of ballot provided for use in each	2980
precinct shall be numbered consecutively beginning with number 1	2981
by printing such number upon both of the stubs attached to the	2982
ballot. On ballots bearing the names of candidates, each	2983
candidate's name shall be printed in twelve point boldface upper	2984
case type in an enclosed rectangular space, and an enclosed blank	2985
rectangular space shall be provided at the left of the candidate's	2986
name. The name of the political party of a candidate nominated at	2987
a primary election or certified by a party committee shall be	2988
printed in ten point lightface upper and lower case type and shall	2989
be separated by a two point blank space. The name of each	2990
candidate shall be indented one space within the enclosed	2991
rectangular space, and the name of the political party shall be	2992
indented two spaces within the enclosed rectangular space.	2993

The title of each office on the ballots shall be printed in	2994
twelve point boldface upper and lower case type in a separate	2995
enclosed rectangular space. A four point rule shall separate the	2996
name of a candidate or a group of candidates for the same office	2997
from the title of the office next appearing below on the ballot; a	2998
two point rule shall separate the title of the office from the	2999
names of candidates; and a one point rule shall separate names of	3000
candidates. Headings shall be printed in display Roman type. When	3001
the names of several candidates are grouped together as candidates	3002
for the same office, there shall be printed on the ballots	3003
immediately below the title of the office and within the separate	3004
rectangular space in which the title is printed "Vote for not more	3005
than ........," in six point boldface upper and lower case filling	3006
the blank space with that number which will indicate the number of	3007
persons who may be lawfully elected to the office.	3008

Columns on ballots shall be separated from each other by a	3009
heavy vertical border or solid line at least one-eighth of an inch	3010
wide, and a similar vertical border or line shall enclose the left	3011
and right side of ballots. Ballots shall be trimmed along the	3012
sides close to such lines.	3013

The ballots provided for by this section shall be comprised	3014
of four kinds of ballots designated as follows: office type	3015
ballot; nonpartisan ballot; questions and issues ballot; and	3016
presidential ballot.	3017

On the back of each office type ballot shall be printed	3018
"Official Office Type Ballot;" on the back of each nonpartisan	3019
ballot shall be printed "Official Nonpartisan Ballot;" on the back	3020
of each questions and issues ballot shall be printed "Official	3021
Questions and Issues Ballot;" and on the back of each presidential	3022
ballot shall be printed "Official Presidential Ballot." On the	3023
back of every ballot also shall be printed the date of the	3024
election at which the ballot is used and the facsimile signatures	3025
of the members of the board of the county in which the ballot is	3026
used. For the purpose of identifying the kind of ballot, the back	3027
of every ballot may be numbered in the order the board shall	3028
determine. The numbers shall be printed in not less than	3029
thirty-six point type above the words "Official Office Type	3030
Ballot," "Official Nonpartisan Ballot," "Official Questions and	3031
Issues Ballot," or "Official Presidential Ballot," as the case may	3032
be. Ballot boxes bearing corresponding numbers shall be furnished	3033
for each precinct in which the above-described numbered ballots	3034
are used.	3035

On the back of every ballot used, there shall be a solid	3036
black line printed opposite the blank rectangular space that is	3037
used to mark the choice of the voter. This line shall be printed	3038
wide enough so that the mark in the blank rectangular space will	3039
not be visible from the back side of the ballot.	3040

Sample ballots may be printed by the board of elections for	3041
all general elections. The ballots shall be printed on colored	3042
paper, and "Sample Ballot" shall be plainly printed in boldface	3043
type on the face of each ballot. In counties of less than one	3044
hundred thousand population, the board may print not more than	3045
five hundred sample ballots; in all other counties, it may print	3046
not more than one thousand sample ballots. The sample ballots	3047
shall not be distributed by a political party or a candidate, nor	3048
shall a political party or candidate cause their title or name to	3049
be imprinted on sample ballots.	3050

(B) Notwithstanding division (A) of this section, in	3051
approving the form of an official ballot, the secretary of state	3052
may authorize the use of fonts, type face settings, and ballot	3053
formats other than those prescribed in that division.	3054

Sec. 3505.10. (A) On the presidential ballot below the stubs	3055
at the top of the face of the ballot shall be printed "Official	3056
Presidential Ballot." centered between the side edges of the	3057
ballot. Below "Official Presidential Ballot" shall be printed a	3058
heavy line centered between the side edges of the ballot. Below	3059
the line shall be printed "Instructioninstructions to Voters"	3060
centered between the side edges of the ballot, and below those	3061
words shall be printed the following instructionsvoters, which	3062
shall be substantially as follows:	3063

"(1) To vote for the candidates for president and	3064
vice-president whose names are printed below, record your vote in	3065
the manner provided next to the names of such candidates. That	3066
recording of the vote will be counted as a vote for each of the	3067
candidates for presidential elector whose names have been	3068
certified to the secretary of state and who are members of the	3069
same political party as the nominees for president and	3070
vice-president. A recording of the vote for independent candidates	3071
for president and vice-president shall be counted as a vote for	3072
the presidential electors filed by such candidates with the	3073
secretary of state.	3074

(2) To vote for candidates for president and vice-president	3075
in the blank space below, record your vote in the manner provided	3076
and write the names of your choice for president and	3077
vice-president under the respective headings provided for those	3078
offices. Such write-in will be counted as a vote for the	3079
candidates' presidential electors whose names have been properly	3080
certified to the secretary of state.	3081

(3) If you tear, soil, deface, or erroneously mark this	3082
ballot, return it to the precinct election officers or, if you	3083
cannot return it, notify the precinct election officers, and	3084
obtain another ballot."	3085

"To vote for President and Vice-president, mark your choice	3086
next to the joint candidates' names."	3087

(B) Below those instructions to the voter shall be printed a	3088
single vertical column of enclosed rectangular spaces equal in	3089
number to the number of presidential candidates plus one	3090
additional space for write-in candidates. Each of those	3091
rectangular spaces shall be enclosed by a heavy line along each of	3092
its four sides, and such spaces shall be separated from each other	3093
by one-half inch of open space.	3094

In each of those enclosed rectangular spaces, except the	3095
space provided for write-in candidates, shall be printed the names	3096
of the candidates for president and vice-president certified to	3097
the secretary of state or nominated in one of the following	3098
manners:	3099

(1) Nominated by the national convention of a political party	3100
to which delegates and alternates were elected in this state at	3101
the next preceding primary election. A political party certifying	3102
candidates so nominated shall certify the names of those	3103
candidates to the secretary of state on or before the sixtieth day	3104
before the day of the general election.	3105

(2) Nominated by nominating petition in accordance with	3106
section 3513.257 of the Revised Code. Such a petition shall be	3107
filed on or before the seventy-fifth day before the day of the	3108
general election to provide sufficient time to verify the	3109
sufficiency and accuracy of signatures on it.	3110

(3) Certified to the secretary of state for placement on the	3111
presidential ballot by authorized officials of an intermediate or	3112
a minor political party that has held a state or national	3113
convention for the purpose of choosing those candidates or that	3114
may, without a convention, certify those candidates in accordance	3115
with the procedure authorized by its party rules. The officials	3116
shall certify the names of those candidates to the secretary of	3117
state on or before the sixtieth day before the day of the general	3118
election. The certification shall be accompanied by a designation	3119
of a sufficient number of presidential electors to satisfy the	3120
requirements of law.	3121

The names of candidates for electors of president and	3122
vice-president shall not be placed on the ballot, but shall be	3123
certified to the secretary of state as required by sections	3124
3513.11 and 3513.257 of the Revised Code. A vote for any	3125
candidates for president and vice-president shall be a vote for	3126
the electors of those candidates whose names have been certified	3127
to the secretary of state.	3128

(C) The arrangement of the printing in each of the enclosed	3129
rectangular spaces shall be substantially as follows: Near the top	3130
and centered within the rectangular space shall be printed "For	3131
President" in ten-point boldface upper and lower case type. Below	3132
"For President" shall be printed the name of the candidate for	3133
president in twelve-point boldface upper and lower case type.	3134
Below the name of the candidate for president shall be printed the	3135
name of the political party by which that candidate for president	3136
was nominated in eight-point lightface upper and lower case type.	3137
Below the name of such political party shall be printed "For	3138
Vice-President" in ten-point boldface upper and lower case type.	3139
Below "For Vice-President" shall be printed the name of the	3140
candidate for vice-president in twelve-point boldface upper and	3141
lower case type. Below the name of the candidate for	3142
vice-president shall be printed the name of the political party by	3143
which that candidate for vice-president was nominated in	3144
eight-point lightface upper and lower case type. No political	3145
identification or name of any political party shall be printed	3146
below the names of presidential and vice-presidential candidates	3147
nominated by petition. The title of each office and the name of	3148
each candidate shall be printed flush left and shall not be	3149
centered on the ballot or in any column appearing on the ballot.	3150

The rectangular spaces on the ballot described in this	3151
section shall be rotated and printed as provided in section	3152
3505.03 of the Revised Code.	3153

Sec. 3505.12.  The board of elections shall cause to be	3154
printed in English in twelve-point type on paper or cardboard	3155
instructions as issued by the secretary of state for the guidance	3156
of electors in marking their ballots. Such instructions shall	3157
inform the voters as to how to prepare the ballots for voting, how	3158
to obtain a new ballot in case of accidentally spoiling one, and,	3159
in a smaller type, a summary of the important sections of the	3160
penal law relating to crimes against the elective franchise. The,	3161
which shall be substantially as follows:	3162

"To vote, mark your choice next to the candidate's name or	3163
answer of your choice.	3164

If you make a mistake or want to change your vote, ask an	3165
election official for a new ballot. You may ask for a new ballot	3166
up to two times."	3167

The precinct election officials shall cause to be posted	3168
immediately in front of or on the polling place and in each voting	3169
shelf one or more of such cards of instructions.	3170

Sec. 3505.13.  A contract for the printing of ballots	3171
involving a cost in excess of tentwenty-five thousand dollars	3172
shall not be let until after five days' notice published once in a	3173
leading newspaper published in the county or upon notice given by	3174
mail by the board of elections, addressed to the responsible	3175
printing offices within the state. Except as otherwise provided in	3176
this section, each bid for such printing must be accompanied by a	3177
bond with at least two sureties, or a surety company, satisfactory	3178
to the board, in a sum double the amount of the bid, conditioned	3179
upon the faithful performance of the contract for such printing as	3180
is awarded and for the payment as damages by such bidder to the	3181
board of any excess of cost over the bid which it may be obliged	3182
to pay for such work by reason of the failure of the bidder to	3183
complete the contract. No bid unaccompanied by such bond shall be	3184
considered by the board. The board may, however, waive the	3185
requirement that each bid be accompanied by a bond if the cost of	3186
the contract is tentwenty-five thousand dollars or less. The	3187
contract shall be let to the lowest responsible bidder in the	3188
state. All ballots shall be printed within the state.	3189

Sec. 3505.18. (A)(1) When an elector appears in a polling	3190
place to vote, the elector shall announce to the precinct election	3191
officials the elector's full name and current address and provide	3192
proof of the elector's identity in the form of a current and	3193
valid photoidentification. If the elector's voter registration	3194
record is marked pursuant to section 3503.141 of the Revised Code,	3195
the elector shall provide first-time mail-in registrant	3196
identification, a military identification, or a copy of a	3197
current utility bill, bank statement, government check,	3198
paycheck, or other government document, other than a notice of	3199
an election mailed by a board of elections under section	3200
3501.19 of the Revised Code or a notice of voter registration	3201
mailed by a board of elections under section 3503.19 of the	3202
Revised Code, that shows the name and current address of the	3203
elector. If the elector provides either a driver's license or a	3204
state identification card issued under section 4507.50 of the	3205
Revised Code that does not contain the elector's current	3206
residence address, the elector shall provide the last four	3207
digits of the elector's driver's license number or state	3208
identification card number, and the precinct election official	3209
shall mark the poll list or signature pollbook to indicate that	3210
the elector has provided a driver's license or state	3211
identification card number with a former address and record the	3212
last four digits of the elector's driver's license number or	3213
state identification card number.	3214

(2) If an elector has but is unable to provide to the	3215
precinct election officials any of the forms of identification	3216
required under division (A)(1) of this section, but has a social	3217
security number, the elector may provide the last four digits of	3218
the elector's social security number. Upon providing the social	3219
security number information, the elector may cast a provisional	3220
ballot under section 3505.181 of the Revised Code, the envelope of	3221
which ballot shall include that social security number	3222
information.	3223

(3) If an elector has but is unable to provide to the	3224
precinct election officials any of the forms of identification	3225
required under division (A)(1) of this section and if the elector	3226
has a social security number but is unable to provide the last	3227
four digits of the elector's social security number, the elector	3228
may cast a provisional ballot under section 3505.181 of the	3229
Revised Code.	3230

(4) If an elector does not have any of the forms of	3231
identification required under division (A)(1) of this section and	3232
cannot provide the last four digits of the elector's social	3233
security number because the elector does not have a social	3234
security number, the elector may execute an affirmation under	3235
penalty of election falsification that the elector cannot provide	3236
the identification required under that division or the last four	3237
digits of the elector's social security number for those reasons.	3238
Upon signing the affirmation, the elector may cast a provisional	3239
ballot under section 3505.181 of the Revised Code. The secretary	3240
of state shall prescribe the form of the affirmation, which shall	3241
include spaces for all of the following:	3242

(a) The elector's name;

3243

(b) The elector's address;

3244

(c) The current date;

3245

(d) The elector's date of birth;

3246

(e) The elector's signature.

3247

(5) If an elector does not have any of the forms of	3248
identification required under division (A)(1) of this section and	3249
cannot provide the last four digits of the elector's social	3250
security number because the elector does not have a social	3251
security number, and if the elector declines to execute an	3252
affirmation under division (A)(4) of this section, the elector may	3253
cast a provisional ballot under section 3505.181 of the Revised	3254
Code, the envelope of which ballot shall include the elector's	3255
name.	3256

(6) If an elector has butdoes not have or declines to	3257
provide to the precinct election officials any of the forms of	3258
identification required under division (A)(1) of this section or	3259
the elector has a social security number but declines to provide	3260
to the precinct election officials the last four digits of the	3261
elector's social security number, the elector may cast a	3262
provisional ballot under section 3505.181 of the Revised Code.	3263

(B) After the elector has announced the elector's full name	3264
and current address and provided any of the forms of	3265
identification required under division (A)(1) of this section, the	3266
elector shall writeconfirm the elector's name and address by	3267
signing the elector's name at the proper place in the poll list	3268
or signature pollbook provided for the purpose, except that if,	3269
for any reason, an elector is unable to writesign the elector's	3270
name and current address in the poll list or signature pollbook,	3271
the elector may make the elector's mark at the place intended for	3272
the elector's name, and a precinct election official shall write	3273
the name of the elector at the proper place on the poll list or	3274
signature pollbook following the elector's mark. The making of	3275
such a mark shall be attested by the precinct election official,	3276
who shall evidence the same by signing the precinct election	3277
official's name on the poll list or signature pollbook as a	3278
witness to the mark. Alternatively, if applicable, an attorney in	3279
fact acting pursuant to section 3501.382 of the Revised Code may	3280
sign the elector's signature in the poll list or signature	3281
pollbook in accordance with that section.	3282

The elector's signature in the poll list or signature	3283
pollbook then shall be compared with the elector's signature on	3284
the elector's registration form or a digitized signature list as	3285
provided for in section 3503.13 of the Revised Code, and if, in	3286
the opinion of a majority of the precinct election officials, the	3287
signatures are the signatures of the same person, the election	3288
officials shall enter the date of the election on the registration	3289
form or shall record the date by other means prescribed by the	3290
secretary of state. The validity of an attorney in fact's	3291
signature on behalf of an elector shall be determined in	3292
accordance with section 3501.382 of the Revised Code.	3293

If the right of the elector to vote is not then challenged,	3294
or, if being challenged, the elector establishes the elector's	3295
right to vote, the elector shall be allowed to proceed to use the	3296
voting machine. If voting machines are not being used in that	3297
precinct, the judge in charge of ballots shall then detach the	3298
next ballots to be issued to the elector from Stub B attached to	3299
each ballot, leaving Stub A attached to each ballot, hand the	3300
ballots to the elector, and call the elector's name and the stub	3301
number on each of the ballots. The judge shall enter the stub	3302
numbers opposite the signature of the elector in the pollbook. The	3303
elector shall then retire to one of the voting compartments to	3304
mark the elector's ballots. No mark shall be made on any ballot	3305
which would in any way enable any person to identify the person	3306
who voted the ballot.	3307

Sec. 3505.181.  (A) All of the following individuals shall be	3308
permitted to cast a provisional ballot at an election:	3309

(1) An individual who declares that the individual is a	3310
registered voter in the jurisdiction in which the individual	3311
desires to vote and that the individual is eligible to vote in an	3312
election, but the name of the individual does not appear on the	3313
official list of eligible voters for the polling place or an	3314
election official asserts that the individual is not eligible to	3315
vote;	3316

(2) An individual who has a social security number and	3317
provides to the election officials the last four digits of the	3318
individual's social security number as permitted by division	3319
(A)(2) of section 3505.18 of the Revised Code;	3320

(3) An individual who has but is unable todoes not have or	3321
declines to provide to the election officials any of the forms of	3322
identification required under division (A)(1) of section 3505.18	3323
of the Revised Code and who has a social security number but is	3324
unable to provide the last four digits of the individual's social	3325
security number as permitted under division (A)(2) of that	3326
section;	3327

(4) An individual who does not have any of the forms of	3328
identification required under division (A)(1) of section 3505.18	3329
of the Revised Code, who cannot provide the last four digits of	3330
the individual's social security number under division (A)(2) of	3331
that section because the individual does not have a social	3332
security number, and who has executed an affirmation as permitted	3333
under division (A)(4) of that section;	3334

(5)(3) An individual whose name in the poll list or signature	3335
pollbook has been marked under section 3509.09 or 3511.13 of the	3336
Revised Code as having requested an absent voter's ballot or an	3337
armed service absent voter's ballot for that election and who	3338
appears to vote at the polling place;	3339

(6) An individual whose notification of registration has been	3340
returned undelivered to the board of elections and whose name in	3341
the official registration list and in the poll list or signature	3342
pollbook has been marked under division (C)(2) of section 3503.19	3343
of the Revised Code;	3344

(7) An individual who is challenged under section 3505.20 of	3345
the Revised Code and the election officials determine that the	3346
person is ineligible to vote or are unable to determine the	3347
person's eligibility to vote;	3348

(8) An individual whose application or challenge hearing has	3349
been postponed until after the day of the election under division	3350
(D)(1) of section 3503.24 of the Revised Code;	3351

(9) An individual who changes the individual's name and	3352
remains within the precinct, moves from one precinct to another	3353
within a county, moves from one precinct to another and changes	3354
the individual's name, or moves from one county to another within	3355
the state, and completes and signs the required forms and	3356
statements under division (B) or (C) of section 3503.16 of the	3357
Revised Code;	3358

(10) An individual whose signature, in the opinion of the	3359
precinct officers under section 3505.22 of the Revised Code, is	3360
not that of the person who signed that name in the registration	3361
forms;	3362

(11) An individual who is challenged under section 3513.20 of	3363
the Revised Code who refuses to make the statement required under	3364
that section, who a majority of the precinct officials find lacks	3365
any of the qualifications to make the individual a qualified	3366
elector, or who a majority of the precinct officials find is not	3367
affiliated with or a member of the political party whose ballot	3368
the individual desires to vote;	3369

(12) An individual who does not have any of the forms of	3370
identification required under division (A)(1) of section 3505.18	3371
of the Revised Code, who cannot provide the last four digits of	3372
the individual's social security number under division (A)(2) of	3373
that section because the person does not have a social security	3374
number, and who declines to execute an affirmation as permitted	3375
under division (A)(4) of that section;	3376

(13) An individual who has but declines to provide to the	3377
precinct election officials any of the forms of identification	3378
required under division (A)(1) of section 3501.18 of the Revised	3379
Code or who has a social security number but declines to provide	3380
to the precinct election officials the last four digits of the	3381
individual's social security number	3382

(4) Any person who is not, at the time the person appears to	3383
vote, eligible to cast a regular or absent voter's ballot.	3384

(B) Notwithstanding any provision of the Revised Code to the	3385
contrary, no person who is deemed ineligible to cast a regular	3386
ballot shall be denied, for any reason, the opportunity to cast a	3387
provisional ballot under this section at any polling location.	3388

(C) An individual who is eligible to cast a provisional	3389
ballot under divisiondivisions (A) and (B) of this section shall	3390
be permitted to cast a provisional ballot as follows:	3391

(1) An election official at the polling place shall notify	3392
the individual that the individual may cast a provisional ballot	3393
in that election.	3394

(2) The individual shall be permitted to cast a provisional	3395
ballot at that polling place upon the execution of a written	3396
affirmation by the individual before an election official at the	3397
polling place stating that the individual is both of the	3398
following:	3399

(a) A registered voter in the jurisdiction in which the	3400
individual desires to vote;	3401

(b) Eligible to vote in that election.

3402

(3)An election official shall provide the individual with a	3403
provisional ballot envelope containing the affirmation required	3404
under section 3505.182 of the Revised Code.	3405

(3) The individual shall complete the voter's portion of the	3406
affirmation. If the individual is unable to physically complete	3407
the voter's portion of the affirmation, an election official shall	3408
complete the voter's portion of the affirmation for the individual	3409
at the direction of the individual.	3410

(4) The election official shall review the affirmation to	3411
determine if the voter's portion of the affirmation has been	3412
completed. If the election official finds that the voter's portion	3413
of the affirmation has been completed, the election official shall	3414
provide the individual with a provisional ballot. If the election	3415
official finds that the voter's portion of the affirmation has not	3416
been completed, the official shall direct the individual to	3417
properly complete the affirmation. If the individual refuses to	3418
complete the affirmation, the election official shall do all of	3419
the following:	3420

(a) Write the individual's name on the affirmation in the	3421
space for the individual's name;	3422

(b) Indicate on the affirmation form that the individual	3423
refused to complete the affirmation;	3424

(c) Notify the individual that the provisional ballot will	3425
only be counted if the individual signs the affirmation;	3426

(d) Provide the individual with a provisional ballot.

3427

(5) The voter shall place the voted provisional ballot in the	3428
completed envelope, seal the envelope, and return the envelope to	3429
the election official.	3430

(6) An election official at the polling place shall transmit	3431
the voter's sealed provisional ballot cast by the individual, the	3432
voter information contained in the written affirmation executed	3433
by the individual under division (B)(2) of this section, or the	3434
individual's name if the individual declines to execute such an	3435
affirmationenvelope to an appropriate local election official	3436
for verification under division (B)(4) of this sectionsection	3437
3505.183 of the Revised Code.	3438

(4) If the appropriate local election official to whom the	3439
ballot or voter or address information is transmitted under	3440
division (B)(3) of this section determines that the individual is	3441
eligible to vote, the individual's provisional ballot shall be	3442
counted as a vote in that election.	3443

(5)(7)(a) At the time that an individual casts a provisional	3444
ballot, the appropriate local election official shall give the	3445
individual written information that states that any individual who	3446
casts a provisional ballot will be able to ascertain under the	3447
system established under division (B)(5)(C)(7)(b) of this section	3448
whether the vote was counted, and, if the vote was not counted,	3449
the reason that the vote was not counted.	3450

(b) The appropriate state or local election official shall	3451
establish a free access system, in the form of a toll-free	3452
telephone number, that any individual who casts a provisional	3453
ballot may access to discover whether the vote of that individual	3454
was counted, and, if the vote was not counted, the reason that the	3455
vote was not counted. The free access system established under	3456
this division also shall provide to an individual whose	3457
provisional ballot was not counted information explaining how that	3458
individual may contact the board of elections to register to vote	3459
or to resolve problems with the individual's voter registration.	3460

The appropriate state or local election official shall	3461
establish and maintain reasonable procedures necessary to protect	3462
the security, confidentiality, and integrity of personal	3463
information collected, stored, or otherwise used by the free	3464
access system established under this division. Access to	3465
information about an individual ballot shall be restricted to the	3466
individual who cast the ballot.	3467

(6) If, at the time that an individual casts a provisional	3468
ballot, the individual provides identification in the form of a	3469
current and valid photo identification, a military identification,	3470
or a copy of a current utility bill, bank statement, government	3471
check, paycheck, or other government document, other than a	3472
notice of an election mailed by a board of elections under	3473
section 3501.19 of the Revised Code or a notice of voter	3474
registration mailed by a board of elections under section 3503.19	3475
of the Revised Code, that shows the individual's name and current	3476
address, or provides the last four digits of the individual's	3477
social security number, or executes an affirmation that the	3478
elector does not have any of those forms of identification or the	3479
last four digits of the individual's social security number	3480
because the individual does not have a social security number, or	3481
declines to execute such an affirmation, the appropriate local	3482
election official shall record the type of identification	3483
provided, the social security number information, the fact that	3484
the affirmation was executed, or the fact that the individual	3485
declined to execute such an affirmation and include that	3486
information with the transmission of the ballot or voter or	3487
address information under division (B)(3) of this section. If the	3488
individual declines to execute such an affirmation, the	3489
appropriate local election official shall record the individual's	3490
name and include that information with the transmission of the	3491
ballot under division (B)(3) of this section.	3492

(7) If an individual casts a provisional ballot pursuant to	3493
division (A)(3), (7), (8), (12), or (13) of this section, the	3494
election official shall indicate, on the provisional ballot	3495
verification statement required under section 3505.182 of the	3496
Revised Code, that the individual is required to provide	3497
additional information to the board of elections or that an	3498
application or challenge hearing has been postponed with respect	3499
to the individual, such that additional information is required	3500
for the board of elections to determine the eligibility of the	3501
individual who cast the provisional ballot.	3502

(8) During the ten days after the day of an election, an	3503
individual who casts a provisional ballot pursuant to division	3504
(A)(3), (7), (12), or (13) of this section shall appear at the	3505
office of the board of elections and provide to the board any	3506
additional information necessary to determine the eligibility of	3507
the individual who cast the provisional ballot.	3508

(a) For a provisional ballot cast pursuant to division	3509
(A)(3), (12), or (13) of this section to be eligible to be	3510
counted, the individual who cast that ballot, within ten days	3511
after the day of the election, shall do any of the following:	3512

(i) Provide to the board of elections proof of the	3513
individual's identity in the form of a current and valid photo	3514
identification, a military identification, or a copy of a current	3515
utility bill, bank statement, government check, paycheck, or	3516
other government document, other than a notice of an election	3517
mailed by a board of elections under section 3501.19 of the	3518
Revised Code or a notice of voter registration mailed by a board	3519
of elections under section 3503.19 of the Revised Code, that	3520
shows the individual's name and current address;	3521

(ii) Provide to the board of elections the last four digits	3522
of the individual's social security number;	3523

(iii) In the case of a provisional ballot executed pursuant	3524
to division (A)(12) of this section, execute an affirmation as	3525
permitted under division (A)(4) of section 3505.18 of the Revised	3526
Code.	3527

(b) For a provisional ballot cast pursuant to division (A)(7)	3528
of this section to be eligible to be counted, the individual who	3529
cast that ballot, within ten days after the day of that election,	3530
shall provide to the board of elections any identification or	3531
other documentation required to be provided by the applicable	3532
challenge questions asked of that individual under section 3505.20	3533
of the Revised Code.	3534

(C)(D)(1) If an individual declares that the individual is	3535
eligible to vote in a jurisdiction other than the jurisdiction in	3536
which the individual desires to vote, or if, upon review of the	3537
precinct voting location guide using the residential street	3538
address provided by the individual, an election official at the	3539
polling place at which the individual desires to vote determines	3540
that the individual is not eligibleregistered to vote in that	3541
jurisdictionprecinct, the election official shall direct the	3542
individual to the polling place for the jurisdictionprecinct in	3543
which the individual appears to be eligibleregistered to vote,	3544
explain that the individual may cast a provisional ballot at the	3545
current location but the ballot will not be counted if it is cast	3546
in the wrong precinctcounty, and provide the telephone number	3547
of the board of elections in case the individual has additional	3548
questions.	3549

(2) If the individual refuses to travel to the polling place	3550
for the correct jurisdiction or to the office of the board of	3551
elections to cast a ballot, the individual shall be permitted to	3552
vote a provisional ballot at that jurisdiction in accordance with	3553
division (B)(C) of this section. If any of the following apply,	3554
the provisional ballot cast by that individual shall not be	3555
opened or counted:	3556

(a) The individual is not properly registered in that	3557
jurisdiction.	3558

(b) The individual is not eligible to vote in that election	3559
in that jurisdiction.	3560

(c) The individual's eligibility to vote in that jurisdiction	3561
in that election cannot be established upon examination of the	3562
records on file with the board of elections.	3563

(D)(E) The appropriate local election official shall cause	3564
voting information to be publicly posted at each polling place on	3565
the day of each election.	3566

(E)(F) The secretary of state shall prescribe the form and	3567
content of provisional ballot envelopes. The provisional ballot	3568
envelopes prescribed under this division shall include the	3569
affirmation required by section 3505.182 of the Revised Code.	3570

The provisional ballot envelopes used by each board of	3571
elections in conducting provisional voting within a county shall	3572
conform to the form and content prescribed by the secretary of	3573
state under this division.	3574

(G) As used in this section and sections 3505.182 and	3575
3505.183 of the Revised Code:	3576

(1) "Jurisdiction" means the precinctcounty in which a	3577
person is a legally qualified elector.	3578

(2) "Precinct voting location guide" means either of the	3579
following:	3580

(a) An electronic or paper record that lists the correct	3581
jurisdictionprecinct and polling place for either each specific	3582
residential street address in the county or the range of	3583
residential street addresses located in each neighborhood block in	3584
the county;	3585

(b) Any other method that a board of elections creates that	3586
allows a precinct election official or any elector who is at a	3587
polling place in that county to determine the correct jurisdiction	3588
precinct and polling place of any qualified elector who resides in	3589
the county.	3590

(3) "Voting information" means all of the following:

3591

(a) A sample version of the ballot that will be used for that	3592
election;	3593

(b) Information regarding the date of the election and the	3594
hours during which polling places will be open;	3595

(c) Instructions on how to vote, including how to cast a vote	3596
and how to cast a provisional ballot;	3597

(d) Instructions for mail-in registrants and first-time	3598
voters under applicable federal and state laws;	3599

(e) General information on voting rights under applicable	3600
federal and state laws, including information on the right of an	3601
individual to cast a provisional ballot and instructions on how to	3602
contact the appropriate officials if these rights are alleged to	3603
have been violated;	3604

(f) General information on federal and state laws regarding	3605
prohibitions against acts of fraud and misrepresentation.	3606

(4) The "signature" of an individual on a provisional voter's	3607
affirmation includes all of the following:	3608

(a) An individual's mark attested by an election official who	3609
shall write the individual's name on the affirmation and sign the	3610
election official's name as a witness to the mark, if the	3611
individual is unable to physically sign the affirmation;	3612

(b) The attestation of two election officials who shall write	3613
the individual's name on the affirmation and sign the election	3614
officials' names, if the individual is unable to physically make	3615
any mark; and	3616

(c) The signature of an attorney in fact made pursuant to	3617
section 3501.382 of the Revised Code.	3618

Sec. 3505.182. Each individual who casts a provisional	3619
ballot under section 3505.181 of the Revised Code shall execute a	3620
written affirmation. The form of the written affirmation shall be	3621
printed upon the face of the provisional ballot envelope andThe	3622
secretary of state shall prescribe the form and content of a	3623
provisional voter's affirmation, which shall be substantially as	3624
follows:	3625

"Provisional Ballot Voter's Affirmation	3626

STATE OF OHIO	3627

TO BE COMPLETED BY PROVISIONAL BALLOT VOTER	3628

Voter's Provisional Ballot Affirmation	3629

Please review the following statement and sign.

3630

Your provisional ballot will be counted only if you sign this	3631
affirmation.	3632

"I, .................... (Name of provisional voter),	3633
solemnly swear or affirm that I am a registered voter in the	3634
jurisdiction in whichcounty where I am votingoffering to vote	3635
this provisional ballot and that I am eligible to vote in the	3636
election in which I am voting this provisional ballot.	3637

I understand that, if the above-provided information is not	3638
fully completed and correct, if the board of elections determines	3639
that I am not registered to vote, a resident of this precinct, or	3640
eligible to vote in this election, or if the board of elections	3641
determines that I have already voted in this election, my	3642
provisional ballot will not be counted. I further understand that	3643
knowingly providing false information is a violation of law and	3644
subjects me to possible criminal prosecution.	3645

I hereby declare, under penalty of election falsification,	3646
that the above statements are true and correct to the best of my	3647
knowledge and belief."	3648

			3649
	(Signature of Voter)		3650
			3651
	(Voter's date of birth)		3652

	The last four digits of the voter's social security number		3653
			3654
	(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)		3655

SIGNATURE OF VOTER (required):.............................	3656

PRINT FIRST AND LAST NAME:.................................	3657

ADDRESS: ..................................................	3658

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3659
OF THE FIFTH DEGREE.	3660

Additional Information For Determining Ballot Validity	3661

(May be completed at voter's discretion)	3662

Voter's current address:				3663
Voter's former address if photo identification does not contain voter's current address				3664
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				3665
(Please circle number type)				3666
(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.)				3667
Reason for voting provisional ballot (Check one):				3668
..... Requested, but did not receive, absent voter's ballot				3669
..... Other				3670

Verification Statement	3671

(To be completed by election official)	3672

OPTIONAL VOTER REGISTRATION OR UPDATE	3673

The following optional information may be helpful for the	3674
board of elections in processing your provisional ballot. However,	3675
none of the following information may be the only reason for	3676
invalidating your provisional ballot.	3677

Name: ................................................

3678

Address: .............................................

3679

Date of birth: .......................................

3680

Ohio driver's license number: ........................

3681

Last four digits of your Social Security Number ......

3682

Are you a United States citizen? YES/NO (circle one)

3683

Will you be at least eighteen years of age on or before the	3684
next general election? YES/NO (circle one)	3685

For identification purposes, you may attach a copy of either	3686
a current and valid photo identification or a copy of any two	3687
current and valid items that list your name in a manner that	3688
substantially conforms to your name on the voter registration list	3689
and that are from a nonprofit organization, an institution, a	3690
business, or a government entity.	3691

TO BE COMPLETED BY ELECTION OFFICIAL AFTER VOTER RETURNS BALLOT	3692

The following must be completed by the election official	3693
assisting the voter with the provisional ballot.	3694

REASON THE VOTER RECEIVED A PROVISIONAL BALLOT (check one):

3695

..... Previously requested an absent voter's ballot or a	3696
regular ballot	3697

..... Name does not appear in the pollbook or poll list

3698

..... Did not present valid identification

3699

The Provisional BallotVoter's Affirmation printed above was	3700
subscribed and affirmed before me this .......... day of	3701
.......... (Month), .......... (Year).	3702

(If applicable, the election official must check the	3703
following true statement concerning additional information needed	3704
to determine the eligibility of the provisional voter.)	3705

...... The provisional voter is required to provide	3706
additional information to the board of elections.	3707

...... An application or challenge hearing regarding this	3708
voter has been postponed until after the election.	3709

(The election official must check the following true	3710
statement concerning identification provided by the provisional	3711
voter, if any.)	3712

...... The provisional voter provided a current and valid	3713
photo identification.	3714

...... The provisional voter provided a current valid photo	3715
identification, other than a driver's license or a state	3716
identification card, with the voter's former address instead of	3717
current address and has provided the election official both the	3718
current and former addresses.	3719

...... The provisional voter provided a military	3720
identification or a copy of a current utility bill, bank	3721
statement, government check, paycheck, or other government	3722
document, other than a notice of an election mailed by a board of	3723
elections under section 3501.19 of the Revised Code or a notice	3724
of voter registration mailed by a board of elections under	3725
section 3503.19 of the Revised Code, with the voter's name and	3726
current address.	3727

...... The provisional voter provided the last four digits of	3728
the voter's social security number.	3729

...... The provisional voter is not able to provide a current	3730
and valid photo identification, a military identification, or a	3731
copy of a current utility bill, bank statement, government check,	3732
paycheck, or other government document, other than a notice of an	3733
election mailed by a board of elections under section 3501.19 of	3734
the Revised Code or a notice of voter registration mailed by a	3735
board of elections under section 3503.19 of the Revised Code,	3736
with the voter's name and current address but does have one of	3737
these forms of identification. The provisional voter must provide	3738
one of the foregoing items of identification to the board of	3739
elections within ten days after the election.	3740

..... The provisional voter is not able to provide a current	3741
and valid photo identification, a military identification, or a	3742
copy of a current utility bill, bank statement, government check,	3743
paycheck, or other government document, other than a notice of an	3744
election mailed by a board of elections under section 3501.19 of	3745
the Revised Code or a notice of voter registration mailed by a	3746
board of elections under section 3503.19 of the Revised Code,	3747
with the voter's name and current address but does have one of	3748
these forms of identification. Additionally, the provisional	3749
voter does have a social security number but is not able to	3750
provide the last four digits of the voter's social security	3751
number before voting. The provisional voter must provide one of	3752
the foregoing items of identification or the last four digits of	3753
the voter's social security number to the board of elections	3754
within ten days after the election.	3755

..... The provisional voter does not have a current and valid	3756
photo identification, a military identification, a copy of a	3757
current utility bill, bank statement, government check, paycheck,	3758
or other government document with the voter's name and current	3759
address, or a social security number, but has executed an	3760
affirmation.	3761

..... The provisional voter does not have a current and valid	3762
photo identification, a military identification, a copy of a	3763
current utility bill, bank statement, government check, paycheck,	3764
or other government document with the voter's name and current	3765
address, or a social security number, and has declined to execute	3766
an affirmation.	3767

..... The provisional voter declined to provide a current and	3768
valid photo identification, a military identification, a copy of a	3769
current utility bill, bank statement, government check, paycheck,	3770
or other government document with the voter's name and current	3771
address, or the last four digits of the voter's social security	3772
number but does have one of these forms of identification or a	3773
social security number. The provisional voter must provide one of	3774
the foregoing items of identification or the last four digits of	3775
the voter's social security number to the board of elections	3776
within ten days after the election.	3777

I have notified the voter that the voter MUST/MUST NOT	3778
(circle one) provide additional information to the board of	3779
elections within 10 days after Election Day for this provisional	3780
ballot to be counted.	3781

(LIST INFORMATION TO BE PROVIDED, if applicable: .....)

3782

			3783
	(Signature of Election Official)"		3784

In addition to any information required to be included on the	3785
written affirmation, anAn individual casting a provisional ballot	3786
may provide additional information to the election official to	3787
assist the board of elections in determining the individual's	3788
eligibility to vote in that election, including the date and	3789
location at which the individual registered to vote, if known. Any	3790
information so provided shall not be the sole basis for	3791
invalidating the individual's provisional ballot.	3792

If the individual declines to execute the affirmation, an	3793
appropriate local election official shall comply with division	3794
(B)(6) of section 3505.181 of the Revised Code.	3795

Sec. 3505.183.  (A) When the ballot boxes are delivered to	3796
the board of elections from the precincts, the board shall	3797
separate the provisional ballot envelopes from the rest of the	3798
ballots. Teams of employees of the board consisting of one member	3799
of each major political party shall place the sealed provisional	3800
ballot envelopes in a secure location within the office of the	3801
board. The sealed provisional ballot envelopes shall remain in	3802
that secure location until the validity of those ballots is	3803
determined under division (B) of this section. While the	3804
provisional ballot is stored in that secure location, and prior to	3805
the counting of the provisional ballots, if the board receives	3806
information regarding the validity of a specific provisional	3807
ballot under division (B) of this section, the board mayshall	3808
note, on the sealed provisional ballot envelope for that ballot,	3809
whether the ballot is valid and entitled to be counted.	3810

(B)(1) To determineIn determining whether a provisional	3811
ballot is valid and entitled to be counted, the board shall	3812
examine its registration records and determine whether the	3813
individual who cast the provisional ballot is registered and	3814
eligible to vote in the applicable election. The board shall	3815
examine the information contained in the written affirmation	3816
executed by the individual who cast the provisional ballot under	3817
division (B)(2) of section 3505.181 of the Revised Code. If the	3818
individual declines to execute such an affirmation, the	3819
individual's name, written by either the individual or the	3820
election official at the direction of the individual, shall be	3821
included in a written affirmation in order for the provisional	3822
ballot to be eligible to be counted; otherwise, the following	3823
information shall be included in the written affirmation in order	3824
for the provisional ballot to be eligible to be counted:	3825

(a) The individual's name and signature;

3826

(b) A statement that the individual is a registered voter in	3827
the jurisdiction in which the provisional ballot is being voted;	3828

(c) A statement that the individual is eligible to vote in	3829
the election in which the provisional ballot is being voted.	3830

(2)In addition to the information required to be included in	3831
an affirmation under division (B)(1) of this section, in	3832
determining whether a provisional ballot is valid and entitled to	3833
be counted, the board also shall examine any additional	3834
information for determining ballot validity provided by the	3835
provisional voter on the affirmation, provided by the provisional	3836
voter to an election official under section 3505.182 of the	3837
Revised Code, or provided to the board of elections during the ten	3838
days after the day of the election under division (B)(8) of	3839
section 3505.181 of the Revised Code, to assist the board in	3840
determining the individual's eligibility to vote.	3841

(3)(2) If, in examining a provisional ballot affirmation and	3842
additional information under divisions (B)(1) and (2) of this	3843
section, the board determines that all of the following apply,	3844
the provisional ballot envelope shall be opened, and the ballot	3845
shall be placed in a ballot box to be counted:	3846

(a) The individual's signature appears on the affirmation.

3847

(b) The individual named on the affirmation is properly	3848
registered to vote.	3849

(b)(c) The individual named on the affirmation is eligible to	3850
cast a ballot in the precinct and for the election in which the	3851
individual cast the provisional ballot.	3852

(c) The individual provided all of the information required	3853
under division (B)(1) of this section in the affirmation that the	3854
individual executed at the time the individual cast the	3855
provisional ballot.	3856

(d) If applicable, the individual provided any additional	3857
information required under division (B)(8) of section 3505.181 of	3858
the Revised Code within ten days after the day of the election.	3859

(e) If applicable, the hearing conducted under division (B)	3860
of section 3503.24 of the Revised Code after the day of the	3861
election resulted in the individual's inclusion in the official	3862
registration list.	3863

(4)(a)(3) If, in examining a provisional ballot affirmation	3864
and additional information under divisions (B)(1) and (2) of this	3865
section, the board determines that any of the following applies,	3866
the provisional ballot envelope shall not be opened, and the	3867
ballot shall not be counted:	3868

(i)(a) The individual's signature does not appear on the	3869
affirmation.	3870

(b) The individual named on the affirmation is not qualified	3871
to vote or is not properly registered to vote.	3872

(ii) The individual named on the affirmation is not eligible	3873
to cast a ballot in the precinct or for the election in which the	3874
individual cast the provisional ballot.	3875

(iii) The individual did not provide all of the information	3876
required under division (B)(1) of this section in the affirmation	3877
that the individual executed at the time the individual cast the	3878
provisional ballot.	3879

(iv)(c) The individual has already cast a ballot for the	3880
election in which the individual cast the provisional ballot.	3881

(v) If applicable, the individual did not provide any	3882
additional information required under division (B)(8) of section	3883
3505.181 of the Revised Code within ten days after the day of the	3884
election.	3885

(vi) If applicable, the hearing conducted under division (B)	3886
of section 3503.24 of the Revised Code after the day of the	3887
election did not result in the individual's inclusion in the	3888
official registration list.	3889

(vii) The individual failed to provide a current and valid	3890
photo identification, a military identification, a copy of a	3891
current utility bill, bank statement, government check,	3892
paycheck, or other government document, other than a notice of	3893
an election mailed by a board of elections under section 3501.19	3894
of the Revised Code or a notice of voter registration mailed by	3895
a board of elections under section 3503.19 of the Revised Code,	3896
with the voter's name and current address, or the last four	3897
digits of the individual's social security number or to execute	3898
an affirmation under division (A) of section 3505.18 or division	3899
(B) of section 3505.181 of the Revised Code.	3900

(b) If, in examining a provisional ballot affirmation and	3901
additional information under divisions (B)(1) and (2) of this	3902
section, the board is unable to determine either of the following,	3903
the provisional ballot envelope shall not be opened, and the	3904
ballot shall not be counted:	3905

(i) Whether the individual named on the affirmation is	3906
qualified or properly registered to vote;	3907

(ii) Whether the individual named on the affirmation is	3908
eligible to cast a ballot in the precinct or for the election in	3909
which the individual cast the provisional ballot.	3910

(C) If, in examining a provisional ballot affirmation and	3911
additional information that may have been provided by the	3912
provisional voter, the board determines that the individual named	3913
on the affirmation is a qualified elector but that the individual	3914
is registered to vote in a different precinct than the precinct	3915
in which the individual cast the provisional ballot, the board	3916
shall remake the provisional ballot on a ballot for the	3917
appropriate precinct to reflect the offices, questions, and	3918
issues for which the provisional voter was eligible to cast a	3919
ballot and for which the provisional voter attempted to cast a	3920
provisional ballot. The remade ballot shall be counted for each	3921
office, question, and issue for which the provisional voter was	3922
eligible to vote.	3923

(D)(1) For each provisional ballot rejected under division	3924
(B)(4)(3) of this section, the board shall record the name of the	3925
provisional voter who cast the ballot, the identification number	3926
of the provisional ballot envelope, the names of the election	3927
officials who determined the validity of that ballot, the date and	3928
time that the determination was made, and the reason that the	3929
ballot was not counted.	3930

(2) Provisional ballots that are rejected under division	3931
(B)(4)(3) of this section shall not be counted but shall be	3932
preserved in their provisional ballot envelopes unopened until	3933
the time provided by section 3505.31 of the Revised Code for the	3934
destruction of all other ballots used at the election for which	3935
ballots were provided, at which time they shall be destroyed.	3936

(D)(E) Provisional ballots that the board determines are	3937
eligible to be counted under division (B)(3)(2) of this section	3938
shall be counted in the same manner as provided for other	3939
ballots under section 3505.27 of the Revised Code. No provisional	3940
ballots shall be counted in a particular county until the board	3941
determines the eligibility to be counted of all provisional	3942
ballots cast in that county under division (B) of this section	3943
for that election. Observers, as provided in section 3505.21 of	3944
the Revised Code, may be present at all times that the board is	3945
determining the eligibility of provisional ballots to be counted	3946
and counting those provisional ballots determined to be eligible.	3947
No person shall recklessly disclose the count or any portion of	3948
the count of provisional ballots in such a manner as to	3949
jeopardize the secrecy of any individual ballot.	3950

(E)(F)(1) Except as otherwise provided in division (E)(F)(2)	3951
of this section, nothing in this section shall prevent a board of	3952
elections from examining provisional ballot affirmations and	3953
additional information under divisionsdivision (B)(1) and (2) of	3954
this section to determine the eligibility of provisional ballots	3955
to be counted during the ten days after the day of an election.	3956

(2) A board of elections shall not examine the provisional	3957
ballot affirmation and additional information under divisions	3958
(B)(1) and (2) of this section of any provisional ballot for which	3959
an election official has indicated under division (B)(7) of	3960
section 3505.181 of the Revised Code that additional information	3961
is required for the board of elections to determine the	3962
eligibility of the individual who cast that provisional ballot	3963
until the individual provides any information required under	3964
division (B)(8) of section 3505.181 of the Revised Code, until any	3965
hearing required to be conducted under section 3503.24 of the	3966
Revised Code with regard to the provisional voter is held, or	3967
untilvote not earlier than the eleventh day after the day of the	3968
election, whichever is earlierto certify the validity of any	3969
provisional ballot.	3970

Sec. 3505.20. (A) Any person offering to vote may be	3971
challenged at the polling place by any judge of elections on any	3972
of the following grounds:	3973

(1) That the person is not a citizen of the United States;

3974

(2) That the person is not a resident of the precinct in	3975
which the person offers to vote;	3976

(3) That the person is not eighteen years of age or older;

3977

(4) That the person is not a qualified elector for that	3978
election.	3979

Challenges shall be made only if the challenger knows or	3980
reasonably believes that the challenged elector is not qualified	3981
and entitled to vote. If the board of elections has ruled on the	3982
question presented by a challenge prior to election day, its	3983
finding and decision shall be final, and the presiding judge	3984
shall be notified in writing, and the judges of elections shall	3985
not challenge the elector on that ground. If the board has not	3986
ruled, the question shall be determined as set forth in this	3987
section. If any person is so challenged as unqualified to vote,	3988
the presiding judge shall tender the person the following oath:	3989
"You do swear or affirm under penalty of election falsification	3990
that you will fully and truly answer all of the following	3991
questions put to you concerning your qualifications as an elector	3992
at this election."	3993

(A)(B) If the person is challenged as unqualified on the	3994
ground that the person is not a citizen, the judges shall put the	3995
following questions:	3996

(1)question, "Are you a citizen of the United States?

3997

(2) Are you a native or naturalized citizen?

3998

(3) Where were you born?

3999

(4) What official documentation do you possess to prove your	4000
citizenship? Please provide that documentation."	4001

If the person offering to vote claims to be a naturalized	4002
citizen of the United States, the person shall, before the vote is	4003
received, produce for inspection of the judges a certificate of	4004
naturalization and declare under oath that the person is the	4005
identical person named in the certificate. If the person states	4006
under oath that, by reason of the naturalization of the person's	4007
parents or one of them, the person has become a citizen of the	4008
United States, and when or where the person's parents were	4009
naturalized, the certificate of naturalization need not be	4010
produced. If the person is unable to provide a certificate of	4011
naturalization on the day ofanswers in the affirmative, the	4012
challenge shall be denied. If the judges are unable to verify the	4013
person's eligibility to cast a ballot in the election, the judges	4014
shall provide to the person, and the person may vote, a	4015
provisional ballot under section 3505.181 of the Revised Code.	4016
The provisional ballot shall not be counted unless it is properly	4017
completed and the board of elections determines that the voter is	4018
properly registered and eligible to vote in the election.	4019

(B) If the person is challenged as unqualified on the ground	4020
that the person has not resided in this state for thirty days	4021
immediately preceding the election, the judges shall put the	4022
following questions:	4023

(1) Have you resided in this state for thirty days	4024
immediately preceding this election? If so, where have you	4025
resided?	4026

(2) Did you properly register to vote?

4027

(3) Can you provide some form of identification containing	4028
your current mailing address in this precinct? Please provide that	4029
identification.	4030

(4) Have you voted or attempted to vote at any other location	4031
in this or in any other state at this election?	4032

(5) Have you applied for an absent voter's ballot in any	4033
state for this election?	4034

If the judges are unable to verify the person's eligibility	4035
to cast a ballot in the election, the judges shall provide to the	4036
person, and the person may vote, a provisional ballot under	4037
section 3505.181 of the Revised Code. The provisional ballot shall	4038
not be counted unless it is properly completed and the board of	4039
elections determines that the voter is properly registered and	4040
eligible to vote in the election.	4041

(C) If the person is challenged as unqualified on the ground	4042
that the person is not a resident of the precinct where the	4043
person offers to vote, the judges shall put the following	4044
questions:	4045

(1) Do you reside in this precinct?

4046

(2) When did you move into this precinct?

4047

(3) When you came into this precinct, did you come for a	4048
temporary purpose merely or for the purpose of making it your	4049
home?	4050

(4) What is your current mailing address?

4051

(5) Do you have some official identification containing your	4052
current address in this precinct? Please provide that	4053
identification.	4054

(6) Have you voted or attempted to vote at any other location	4055
in this or in any other state at this election?	4056

(7) Have you applied for any absent voter's ballot in any	4057
state for this election?	4058

The judges shall direct an individual who is not in the	4059
appropriate polling place to the appropriate polling place. If the	4060
individual refuses to go to the appropriate polling place, or if	4061
the judges are unable to verify the person's eligibility to cast a	4062
ballot in the election, the judges shall provide to the person,	4063
and the person may vote, a provisional ballot under section	4064
3505.181 of the Revised Code. The provisional ballot shall not be	4065
counted unless it is properly completed and the board of elections	4066
determines that the voter is properly registered and eligible to	4067
vote in the election.	4068

(D) If the person is challenged as unqualified on the ground	4069
that the person is not of legal voting age, the judges shall put	4070
the following questions:	4071

(1) Are you eighteen years of age or more?

4072

(2) What is your date of birth?

4073

(3) Do you have some official identification verifying your	4074
age? Please provide that identification.	4075

If the judges are unable to verify the person's age and	4076
eligibility to cast a ballot in the election, the judges shall	4077
provide to the person, and the person may vote, a provisional	4078
ballot under section 3505.181 of the Revised Code. The provisional	4079
ballot shall not be counted unless it is properly completed and	4080
the board of elections determines that the voter is properly	4081
registered and eligible to vote in the election.	4082

The presiding judge shall put such other questions to the	4083
person challenged as are necessary to determine the person's	4084
qualifications as an elector at the election. If a person	4085
challenged refuses to answer fully any question put to the person,	4086
is unable to answer the questions as they were answered on the	4087
registration form by the person under whose name the person offers	4088
to vote, or refuses to sign the person's name or make the person's	4089
mark, or if for any other reason a majority of the judges believes	4090
the person is not entitled to vote, the judges shall provide to	4091
the person, and the person may vote, a provisional ballot under	4092
section 3505.181 of the Revised Code. The provisional ballot shall	4093
not be counted unless it is properly completed and the board of	4094
elections determines that the voter is properly registered and	4095
eligible to vote in the election.	4096

(E) If the person is challenged as unqualified on the ground	4097
that the person is not a qualified elector for the applicable	4098
election, the judges shall put the following questions:	4099

(1) Have you resided in this state for thirty days	4100
immediately preceding the day of this election? If so, where have	4101
you resided?	4102

(2) Did you properly register to vote?

4103

(3) Can you provide some form of identification containing	4104
your current mailing address in this precinct? Please provide that	4105
identification.	4106

(4) Have you voted or attempted to vote at any other location	4107
in this or in any other state at this election?	4108

(5) Have you applied for an absent voter's ballot in any	4109
state for this election?	4110

If the judges are unable to verify the person's eligibility	4111
to cast a ballot in the election, the judges shall provide to the	4112
person, and the person may vote, a provisional ballot under	4113
section 3505.181 of the Revised Code.	4114

(F) A qualified citizen who has certified the citizen's	4115
intention to vote for president and vice-president as provided by	4116
Chapter 3504. of the Revised Code shall be eligible to receive	4117
only the ballot containingfor presidential and vice-presidential	4118
candidates.	4119

However, prior to the nineteenth day before the day of an	4120
election and in accordance with section 3503.24 of the Revised	4121
Code, any person qualified to vote may challenge the right of any	4122
other person to be registered as a voter, or the right to cast an	4123
absent voter's ballot, or to make application for such ballot.	4124
Such challenge shall be made in accordance with section 3503.24 of	4125
the Revised Code, and the board of elections of the county in	4126
which the voting residence of the challenged voter is situated	4127
shall make a final determination relative to the legality of such	4128
registration or application.	4129

Sec. 3505.21. (A) As used in this section, "during the	4130
casting of the ballots" includes any time during which a board of	4131
elections permits an elector to receive, complete, and return an	4132
absent voter's ballot in person at the office of the board or at	4133
another site designated by the board under division (C) of	4134
section 3501.10 of the Revised Code and any time ballots may be	4135
cast in a precinct polling place on the day of an election.	4136

(B) At any primary, special, or general election, any	4137
political party supporting candidates to be voted upon at such	4138
election and any group of five or more candidates may appoint to	4139
the board of elections or to any of the precincts in the county or	4140
city one person, a qualified elector, who shall serve as observer	4141
for such party or such candidates during the casting of the	4142
ballots and during the counting of the ballots; provided that	4143
separate observers may be appointed to serve during the casting	4144
and during the counting of the ballots. No candidate, no uniformed	4145
peace officer as defined by section 2935.01 of the Revised Code,	4146
no uniformed state highway patrol trooper, no uniformed member of	4147
any fire department, no uniformed member of the armed services, no	4148
uniformed member of the organized militia, no person wearing any	4149
other uniform, and no person carrying a firearm or other deadly	4150
weapon shall serve as an observer, nor shall any candidate be	4151
represented by more than one observer at any one precinct or other	4152
voting location except that a candidate who is a member of a party	4153
controlling committee, as defined in section 3517.03 of the	4154
Revised Code, may serve as an observer. Any	4155

(C) Any political party or group of candidates appointing	4156
observers shall notify the board of elections of the names and	4157
addresses of its appointees and the precinctseach precinct or	4158
other location at which they shall serve. Notification of	4159
observers appointed to serve on the day of an election shall take	4160
place not less than eleven days before the day of the election on	4161
forms prescribed by the secretary of state and may be amended by	4162
filing an amendment with the board of elections at any time until	4163
four p.m. of the day before the election. Notification of	4164
observers appointed to serve at the office of the board or at	4165
another location during the time absent voter's ballots may be	4166
cast in person shall take place not less than eleven days before	4167
absent voter's ballots are required to be ready for use pursuant	4168
to section 3509.01 of the Revised Code on forms prescribed by the	4169
secretary of state and may be amended by filing an amendment with	4170
the board of elections at any time until four p.m. of the day	4171
before the observer is appointed to serve. The observer serving on	4172
behalf of a political party shall be appointed in writing by the	4173
chairperson and secretary of the respective controlling party	4174
committee. Observers serving for any five or more candidates shall	4175
have their certificates signed by those candidates. Observers	4176
appointed to a precinct may file their certificates of appointment	4177
with the presiding judge of the precinct at the meeting on the	4178
evening prior to the election, or with the presiding judge of the	4179
precinct on the day of the election. UponObservers appointed to	4180
the office of the board or another designated location to observe	4181
the casting of absent voter's ballots in person prior to the day	4182
of the election may file their certificates with the director of	4183
the board of elections, or, if pursuant to division (C) of	4184
section 3501.10 of the Revised Code the board has designated one	4185
or more other locations in the county at which registered electors	4186
may vote, with the election officials at such other location,	4187
whichever is appropriate, on the day that the observers are	4188
scheduled to serve at the office of the board or other designated	4189
location.	4190

Upon the filing of a certificate, the person named as	4191
observer in the certificate shall be permitted to be in and about	4192
the applicable polling place for the precinct during the casting	4193
of the ballots and shall be permitted to watch every proceeding of	4194
the judges of elections from the time of the opening until the	4195
closing of the polls. The observer also may inspect the counting	4196
of all ballots in the polling place or board of elections from the	4197
time of the closing of the polls until the counting is completed	4198
and the final returns are certified and signed. Observers	4199
appointed to serve at the board of elections on the day of an	4200
election under this section may observe at the board of elections	4201
and may observe at any precinct in the county. The judges of	4202
elections shall protect such observers in all of the rights and	4203
privileges granted to them by Title XXXV of the Revised Code.	4204

(D) No persons other than the judges of elections, the	4205
observers, a police officer, other persons who are detailed to any	4206
precinct on request of the board of elections, or the secretary of	4207
state or the secretary of state's legal representative shall be	4208
admitted to the polling place, or any room in which a board of	4209
elections is counting ballots, after the closing of the polls	4210
until the counting, certifying, and signing of the final returns	4211
of each election have been completed.	4212

(E) Not later than four p.m. of the twentieth day prior to an	4213
election at which questions are to be submitted to a vote of the	4214
people, any committee that in good faith advocates or opposes a	4215
measure may file a petitionan application with the board of any	4216
county asking that the petitionersapplicants be recognized as	4217
the committee entitled to appoint observers to the count at the	4218
election. If more than one committee alleging themselves to	4219
advocate or oppose the same measure file such a petitionan	4220
application, the board shall decide and announce by registered	4221
mail tonotify each committee not less than twelve days	4222
immediately preceding the election which committee is recognized	4223
as being entitled to appoint observers. The decision shall not be	4224
final, but any aggrieved party may institute mandamus proceedings	4225
in the court of common pleas of the county in which the board has	4226
jurisdiction to compel the judges of elections to accept the	4227
appointees of such aggrieved party. Any such recognized committee	4228
may appoint an observer to the count in each precinct. Committees	4229
appointing observers shall notify the board of elections of the	4230
names and addresses of its appointees and the precincts at which	4231
they shall serve. Notification shall take place not less than	4232
eleven days before the election on forms prescribed by the	4233
secretary of state and may be amended by filing an amendment with	4234
the board of elections at any time until four p.m. on the day	4235
before the election. A person so appointed shall file the person's	4236
certificate of appointment with the presiding judge in the	4237
precinct in which the person has been appointed to serve.	4238
Observers shall file their certificates before the polls are	4239
closed. In no case shall more than sixfour observers for such	4240
recognized committees be appointed for any one election in any	4241
one precinct. If more than threetwo questions are to be voted	4242
on, the committees which have appointed observers may agree upon	4243
not to exceed sixfour observers, and the judges of elections	4244
shall appoint such observers. If such committees fail to agree,	4245
the judges of elections shall appoint sixfour observers from the	4246
appointees so certified, in such manner that each side of the	4247
several questions shall be represented.	4248

(F) No person shall serve as an observer at any precinct or	4249
other voting location unless the board of elections of the county	4250
in which such observer is to serve has first been notified of the	4251
name, address, and precinct or other location at which such	4252
observer is to serve. Notification to the board of elections shall	4253
be given by the political party, group of candidates, or committee	4254
appointing such observer as prescribed in this section. No such	4255
observers shall receive any compensation from the county,	4256
municipal corporation, or township, and they shall take the	4257
following oath, to be administered by one of the judges of	4258
elections:	4259

"You do solemnly swear that you will faithfully and	4260
impartially discharge the duties as an official observer, assigned	4261
by law; that you will not cause any delay to persons offering to	4262
vote; and that you will not disclose or communicate to any person	4263
how any elector has voted at such election."	4264

(G)(1) An observer who serves during the casting of the	4265
ballots shall only be permitted to do the following:	4266

(a) Watch and listen to the activities conducted by the	4267
precinct election officials and the interactions between precinct	4268
election officials and voters, as long as the precinct election	4269
officials are not delayed in performing the officials' prescribed	4270
duties and voters are not delayed in casting their ballots;	4271

(b) Document the observer's observations.

4272

(2)(a) No observer who serves during the casting of the	4273
ballots shall interact with any voter while the observer is	4274
inside the polling place, within the area between the polling	4275
place and the small flags of the United States placed on the	4276
thoroughfares and walkways leading to the polling place, or	4277
within ten feet of any elector in line waiting to vote, if the	4278
line of electors waiting to vote extends beyond those small	4279
flags.	4280

(b) An observer does not violate division (G)(2)(a) of this	4281
section as a result of an incidental interaction with a voter,	4282
such as an exchange of greetings or directing a voter to an	4283
election official.	4284

Sec. 3505.23. No voter shall be allowed to occupy a voting	4285
compartment or use a voting machine more than five minutes when	4286
all the voting compartments or machines are in use and voters are	4287
waiting to occupy them. Except as otherwise provided by section	4288
3505.24 of the Revised Code, no voter shall occupy a voting	4289
compartment or machine with another person or speak to anyone, nor	4290
shall anyone speak to the voter, while the voter is in a voting	4291
compartment or machine.	4292

In precincts that do not use voting machines the following	4293
procedure shall be followed:	4294

If a voter tears, soils, defaces, or erroneously marks a	4295
ballot the voter may return it to the precinct election officials	4296
and a second ballot shall be issued to the voter. Before returning	4297
a torn, soiled, defaced, or erroneously marked ballot, the voter	4298
shall fold it so as to conceal any marks the voter made upon it,	4299
but the voter shall not remove Stub A therefrom. If the voter	4300
tears, soils, defaces, or erroneously marks such second ballot,	4301
the voter may return it to the precinct election officials, and a	4302
third ballot shall be issued to the voter. In no case shall more	4303
than three ballots be issued to a voter. Upon receiving a returned	4304
torn, soiled, defaced, or erroneously marked ballot the precinct	4305
election officials shall detach Stub A therefrom, write "Defaced"	4306
on the back of such ballot, and place the stub and the ballot in	4307
the separate containers provided therefor.	4308

No elector shall leave the polling place until the elector	4309
returns to the precinct election officials every ballot issued to	4310
the elector with Stub A on each ballot attached thereto,	4311
regardless of whether the elector has or has not placed any marks	4312
upon the ballot.	4313

Before leaving the voting compartment, the voter shall fold	4314
each ballot marked by the voter so that no part of the face of the	4315
ballot is visible, and so that the printing thereon indicating the	4316
kind of ballot it is and the facsimile signatures of the members	4317
of the board of elections are visible. The voter shall then leave	4318
the voting compartment, deliver the voter's ballots, and state the	4319
voter's name to the judge having charge of the ballot boxes, who	4320
shall announce the name, detach Stub A from each ballot, and	4321
announce the number on the stubs. The judges in charge of the	4322
poll lists or poll books shall check to ascertain whether the	4323
number so announced is the number on Stub B of the ballots issued	4324
to such voter, and if no discrepancy appears to exist, the judge	4325
in charge of the ballot boxes shall, in the presence of the voter,	4326
deposit each such ballot in the proper ballot box and shall place	4327
Stub A from each ballot in the container provided therefor. The	4328
voter shall then immediately leave the polling place.	4329

No ballot delivered by a voter to the judge in charge of the	4330
ballot boxes with Stub A detached therefrom, and only ballots	4331
provided in accordance with Title XXXV of the Revised Code, shall	4332
be voted or deposited in the ballot boxes.	4333

In marking a presidential ballot, the voter shall record the	4334
vote in the manner provided on the ballot next to the names of the	4335
candidates for the offices of president and vice-president. Such	4336
ballot shall be considered and counted as a vote for each of the	4337
candidates for election as presidential elector whose names were	4338
certified to the secretary of state by the political party of such	4339
nominees for president and vice-president.	4340

In marking an office type ballot or nonpartisan ballot, the	4341
voter shall record the vote in the manner provided on the ballot	4342
next to the name of each candidate for whom the voter desires to	4343
vote.	4344

In marking a primary election ballot, the voter shall record	4345
the vote in the manner provided on the ballot next to the name of	4346
each candidate for whom the voter desires to vote. If the voter	4347
desires to vote for the nomination of a person whose name is not	4348
printed on the primary election ballot, the voter may do so by	4349
writing such person's name on the ballot in the proper place	4350
provided for such purpose.	4351

In marking a questions and issues ballot, the voter shall	4352
record the vote in the manner provided on the ballot at the left	4353
or at the right of "YES" or "NO" or other words of similar import	4354
which are printed on the ballot to enable the voter to indicate	4355
how the voter votes in connection with each question or issue upon	4356
which the voter desires to vote.	4357

In marking any ballot on which a blank space has been	4358
provided wherein an elector may write in the name of a person for	4359
whom the elector desires to vote, the elector shall write such	4360
person's name in such blank space and on no other place on the	4361
ballot. Unless specific provision is made by statute, no blank	4362
space shall be provided on a ballot for write-in votes, and any	4363
names written on a ballot other than in a blank space provided	4364
therefor shall not be counted or recorded.	4365

Sec. 3505.28.  No ballot shall be counted which is marked	4366
contrary to law, except that no ballot shall be rejected for any	4367
technical error unless it is impossible to determine the voter's	4368
choice. If two or more ballots are found folded together among the	4369
ballots removed from a ballot box, they shall be deemed to be	4370
fraudulent. Such ballots shall not be counted. They shall be	4371
marked "Fraudulent" and shall be placed in an envelope indorsed	4372
"Not Counted" with the reasons therefor, and such envelope shall	4373
be delivered to the board of elections together with other	4374
uncounted ballots.	4375

No ballot shall be rejected because of being marked with ink	4376
or by any writing instrument other than one of the pencils	4377
provided by the board of elections.	4378

Sec. 3505.30.  When the results of the ballots have been	4379
ascertained, such results shall be embodied in a summary statement	4380
to be prepared by the judges in duplicate, on forms provided by	4381
the board of elections. One copy shall be certified by the judges	4382
and posted on the front of the polling place, and one copy,	4383
similarly certified, shall be transmitted without delay to the	4384
board in a sealed envelope along with the other returns of the	4385
election. The board shall, immediately upon receipt of such	4386
summary statements, compile and prepare an unofficial count and	4387
upon its completion shall transmit prepaid, immediately by	4388
telephone, facsimile machine, or other telecommunications device,	4389
the results of such unofficial count to the secretary of state, or	4390
to the board of the most populous county of the district which is	4391
authorized to canvass the returns. Such count, in no event, shall	4392
be made later than twelve noon on the day following the election.	4393
The board shall also, at the same time, certify the results	4394
thereof to the secretary of state by certified mail. The board	4395
shall remain in session from the time of the opening of the polls,	4396
continuously, until the results of the election are received from	4397
every precinct in the county and such results are communicated to	4398
the secretary of state.	4399

Sec. 3506.11.  The names of all candidates for an office	4400
shall be arranged in a group under the title of the office and	4401
printed on labels so that they may be rotated on the voting	4402
machine as provided in section 3505.03 of the Revised Code. The	4403
title of each office and the name of each candidate shall be	4404
printed flush left and shall not be centered on the ballot, in any	4405
column appearing on the ballot, or in any column appearing on the	4406
voting machine. The name of each candidate shall be printed using	4407
standard capitalization in accordance with instructions provided	4408
by the secretary of state and shall not be printed using all	4409
capital letters. Under the name of each candidate nominated at a	4410
primary election or certified by a party committee to fill a	4411
vacancy under section 3513.31 of the Revised Code, the name of	4412
the political party that nominated or certified the candidate	4413
shall be printed in less prominent typeface than that in which	4414
the candidate's name is printed.	4415

Sec. 3506.12.  In counties where marking devices, automatic	4416
tabulating equipment, voting machines, or any combination of these	4417
are in use or are to be used, the board of electionsboth of the	4418
following apply:	4419

(A) MayA board of elections may combine, rearrange, and	4420
enlarge precincts; but the board shall arrange for a sufficient	4421
number of these devices to accommodate the number of electors in	4422
each precinct as determined by the number of votes cast in that	4423
precinct at the most recent election for the office of governor,	4424
taking into consideration the size and location of each selected	4425
polling place, available parking, handicap accessibility and other	4426
accessibility to the polling place, and the number of candidates	4427
and issues to be voted onby calculating the minimum number of	4428
devices required for all precincts, and by allocating additional	4429
devices based on the following criteria:	4430

(1) The historic voter turnout in a precinct;

4431

(2) Any increase or decrease in the number of registered	4432
voters in the precinct since the last previous election;	4433

(3) Whether voters in the precinct have historically had	4434
longer-than-average wait times to use voting equipment;	4435

(4) The historic level of requests for absent voter's ballots	4436
in the precinct;	4437

(5) The length of the ballot in a particular precinct for the	4438
applicable election; and	4439

(6) Any other factors prescribed by the secretary of state.

4440

The board shall post the draft voting equipment distribution	4441
plan for public comment at the office of the board of elections	4442
and, if the board of elections maintains a web site, on that web	4443
site, not later than fifteen days before the date of the election	4444
for not less than five business days. After the conclusion of the	4445
public comment period, the board of elections shall conduct a full	4446
vote of the board during a public session of the board on the	4447
allocation of voting machines, marking devices, and automatic	4448
tabulating equipment for each precinct in the county.	4449
Notwithstanding section 3501.22 of the Revised Code, the board may	4450
appoint more than four precinct officers to each precinct if this	4451
is made necessary by the number of voting machines to be used in	4452
that precinct.	4453

(B) Except as otherwise provided in this division, a board of	4454
elections shall establish one or more counting stations to receive	4455
voted ballots and other precinct election supplies after the	4456
precinct polling precinctslocations are closed. Those stations	4457
shall be under the supervision and direction of the board of	4458
elections. Processing and counting of voted ballots, and the	4459
preparation of summary sheets, shall be done in the presence of	4460
observers approved by the board. A certified copy of the summary	4461
sheet for the precinct shall be posted at each counting station	4462
immediately after completion of the summary sheet.	4463

In counties where punch card ballots are used, one or more	4464
counting stations, located at the board of elections, shall be	4465
established, at which location all punch card ballots shall be	4466
counted.	4467

As used in this division, "punch card ballot" has the same	4468
meaning as in section 3506.16 of the Revised Code.	4469

Sec. 3506.21. (A) As used in this section, "optical scan	4470
ballot" means a ballot that is marked by using a specified writing	4471
instrument to fill in a designated position to record a voter's	4472
candidate, question, or issue choice and that can be scanned and	4473
electronically read in order to tabulate the vote.	4474

(B)(1) In addition to marks that can be scanned and	4475
electronically read by automatic tabulating equipment, any of the	4476
following marks, if a majority of those marks are made in a	4477
consistent manner throughout an optical scan ballot, shall be	4478
counted as a valid vote:	4479

(a) A candidate, question, or issue choice that has been	4480
circled by the voter;	4481

(b) An oval beside the candidate, question, or issue choice	4482
that has been circled by the voter;	4483

(c) An oval beside the candidate, question, or issue choice	4484
that has been marked by the voter with an "x," a check mark, or	4485
other recognizable mark;	4486

(d) A candidate, question, or issue choice that has been	4487
marked with a writing instrument that cannot be recognized by	4488
automatic tabulating equipment.	4489

(2) Marks made on an optical scan ballot in accordance with	4490
division (B)(1) of this section shall be counted as valid votes	4491
only if that optical scan ballot contains no marks that can be	4492
scanned and electronically read by automatic tabulating equipment.	4493

(3) IfSubject to division (E) of this section, if automatic	4494
tabulating equipment detects that more marks were made on an	4495
optical scan ballot for a particular office, question, or issue	4496
than the number of selections that a voter is allowed by law to	4497
make for that office, question, or issue, the voter's ballot	4498
shall be invalidated for that office, question, or issue. The	4499
ballot shall not be invalidated for any other office, question,	4500
or issue for which the automatic tabulating equipment detects a	4501
vote to have been cast, in accordance with the law.	4502

(C) The secretary of state may adopt rules under Chapter 119.	4503
of the Revised Code to authorize additional types of optical scan	4504
ballots and to specify the types of marks on those ballots that	4505
shall be counted as a valid vote to ensure consistency in the	4506
counting of ballots throughout the state.	4507

(D)(1) A board of elections of a county that uses optical	4508
scan ballots and automatic tabulating equipment as the primary	4509
voting system for the county shall not tabulate the unofficial	4510
results of optical scan ballots voted on election day at a central	4511
location.	4512

(2) A board of elections that provides for the tabulation at	4513
each precinct of voted ballots, and then, at a central location,	4514
combines those precinct ballot totals with ballot totals from	4515
other precincts, including optical scan ballots voted by absent	4516
voters, shall not be considered to be tabulating the unofficial	4517
results of optical scan ballots at a central location for the	4518
purpose of division (D)(1) of this section.	4519

(E) If a voter has marked a ballot for a particular	4520
candidate and also has written in the same candidate's name as a	4521
write-in candidate for the same office, the ballot shall not be	4522
invalidated with respect to that office. The ballot shall be	4523
separated from the remainder of the ballots and preserved so that	4524
the ballot can be remade and tabulated for the official canvass of	4525
the election returns and for any subsequent recount or	4526
post-election audit.	4527

The election officials shall remake any such ballot by	4528
properly marking a replacement ballot with a vote for the named	4529
candidate. Ballots remade under this division shall be tabulated	4530
in the same manner as other ballots for the official canvass of	4531
the election returns and for any subsequent recount or	4532
post-election audit. The original ballot shall be marked as having	4533
been remade and shall be retained separately by the board of	4534
elections.	4535

Sec. 3507.01. (A) Notwithstanding any provision of the	4536
Revised Code to the contrary, a board of elections of a county may	4537
conduct the following elections held within the county as an	4538
election by mail:	4539

(1) A special election held on a day other than the day of a	4540
primary or general election as authorized by a municipal or county	4541
charter;	4542

(2) An election to fill a vacancy in a nomination pursuant to	4543
section 3513.312 of the Revised Code or a vacancy in an elective	4544
office pursuant to section 3521.03 of the Revised Code.	4545

(B) A board of elections holding an election to fill a	4546
vacancy for an elective office with a district larger than a	4547
county shall conduct that election as an election by mail only if	4548
the board of elections of each other county in the district also	4549
is conducting the election to fill that vacancy as an election by	4550
mail.	4551

Sec. 3507.02.  If a board of elections conducts an election	4552
by mail, the board shall mail an absent voter's ballot on or	4553
before the thirty-fifth day before the day of the election, to	4554
each qualified elector in the county who is entitled to vote on	4555
the office, question, or issue certified for placement on the	4556
ballot.	4557

Sec. 3507.03.  If a board of elections conducts an election	4558
by mail, the board shall open its office from 6:30 a.m. until 7:30	4559
p.m. on the day of the election to allow qualified voters to	4560
vote in person and to receive completed absent voter's ballots.	4561
The board shall place a notice at all polling places in the	4562
county used at the last regular state election stating the	4563
location of the office of the board of elections, that absent	4564
voter's ballots may be delivered to the office of the board of	4565
elections, and that absent voter's ballots may be cast in person	4566
at the office of the board of elections from 6:30 a.m. until 7:30	4567
p.m. No other polling places shall be open on the day of the	4568
election conducted as an election by mail.	4569

Sec. 3509.01. (A) The board of elections of each county shall	4570
provide absent voter's ballots for use at every primary and	4571
general election, or special election to be held on the day	4572
specified by division (E) of section 3501.01 of the Revised Code	4573
for the holding of a primary election, designated by the general	4574
assembly for the purpose of submitting constitutional amendments	4575
proposed by the general assembly to the voters of the state. Those	4576
ballots shall be the same size, shall be printed on the same kind	4577
of paper, and shall be in the same form as has been approved for	4578
use at the election for which those ballots are to be voted;	4579
except that, in counties using marking devices, ballot cards may	4580
be used for absent voter's ballots, and those absent voters shall	4581
be instructed to record the vote in the manner provided on the	4582
ballot cards. In counties where punch card ballots are used, those	4583
absent voters shall be instructed to examine their marked ballot	4584
cards and to remove any chads that remain partially attached to	4585
them before returning them to election officials.The secretary	4586
of state shall prescribe uniform standards for absent voter's	4587
ballot materials, forms, and content. The boards of elections	4588
shall adhere to the standards prescribed by the secretary of	4589
state in preparing absent voter's ballots under this chapter.	4590

(B) The rotation of names of candidates and questions and	4591
issues shall be substantially complied with on absent voter's	4592
ballots, within the limitation of time allotted. Those ballots	4593
shall be designated as "Absent Voter's Ballots." andExcept as	4594
otherwise provided in division (D) of this section, those ballots	4595
shall be printed and ready for use as follows:	4596

(1) For overseas voters and absent uniformed services voters	4597
eligible to vote under the "Uniformed and Overseas Citizens	4598
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	4599
1973ff, et seq., as amended, and for all other voters who are	4600
applying to vote absent voter's ballots other than in person,	4601
ballots shall be printed and ready for use on the thirty-fifth	4602
day before the day of theany election other than a presidential	4603
primary election, except that those;	4604

(2) For all voters, other than overseas voters and absent	4605
uniformed services voters, who are applying to vote absent voter's	4606
ballots in person, ballots shall be printed and ready for use	4607
beginning on the twenty-first day before the day of the election	4608
and shall continue to be available for use through five p.m. on	4609
the last Saturday before the day of the election;	4610

(3) For all voters who are applying to vote absent voter's	4611
ballots other than in person, ballots shall be printed and ready	4612
for use on the twenty-fifth day before the day of a presidential	4613
primary election.	4614

(C) Absent voter's ballots provided for use at a general or	4615
primary election, or special election to be held on the day	4616
specified by division (E) of section 3501.01 of the Revised Code	4617
for the holding of a primary election, designated by the general	4618
assembly for the purpose of submitting constitutional amendments	4619
proposed by the general assembly to the voters of the state, shall	4620
include only those questions, issues, and candidacies that have	4621
been lawfully ordered submitted to the electors voting at that	4622
election.	4623

Absent(D) If a municipal or county charter authorizes the	4624
holding of a special election on a day other than the day on	4625
which a primary or general election is held, and if the charter	4626
provision makes it impossible for absent voter's ballots to be	4627
printed and ready for use by the deadlines established in	4628
division (B) of this section, absent voter's ballots for those	4629
special elections held on days other than the day on which general	4630
or primary elections are held shall be ready for use as many days	4631
before the day of the election as reasonably possible under the	4632
lawscharter provision governing the holding of that special	4633
election.	4634

(E) A copy of the absent voter's ballots shall be forwarded	4635
by the director of the board in each county to the secretary of	4636
state at least twenty-five days before the election.	4637

As used in this section, "chad" and "punch card ballot" have	4638
the same meanings as in section 3506.16 of the Revised Code.	4639

Sec. 3509.02.  (A) Any qualified elector may vote by absent	4640
voter's ballots at an election.	4641

(B) Any qualified elector who is unable to appear at the	4642
office of the board of elections or, if pursuant to division (C)	4643
of section 3501.10 of the Revised Code the board has designated	4644
another locationone or more other locations in the county at	4645
which registered electors may vote, at thatsuch other location on	4646
account of personal illness, physical disability, or infirmity,	4647
and who moves from one precinct to another within a county,	4648
changes the elector's name and moves from one precinct to another	4649
within a county, or moves from one county to another county within	4650
the state, changes the elector's name, changes the elector's name	4651
and moves from one precinct to another within a county, or changes	4652
the elector's name and moves from one county to another county	4653
within the state, on or prior to the day of a general, primary, or	4654
special election and has not filed a notice of change of residence	4655
or, change of name, or both, as applicable may vote by absent	4656
voter's ballots in that election as specified in division (G) of	4657
section 3503.16 of the Revised Code.	4658

Sec. 3509.03. (A) Except as provided in section 3509.031 or	4659
division (B) of section 3509.08 of the Revised Code, any qualified	4660
elector desiring to vote absent voter's ballots at an election	4661
shall make written application for those ballots to the director	4662
of elections of the county in which the elector's voting residence	4663
is located. The written application may be submitted in person, by	4664
mail, by facsimile transmission, by electronic mail, or by other	4665
electronic means via the internet. The application need not be in	4666
any particular form but shall contain all of the following:	4667

(A)(1) The elector's name;

4668

(B)(2) The elector's signature or, if the application is	4669
transmitted electronically, an image of the elector's signature;	4670

(C)(3) The address at which the elector is registered to	4671
vote;	4672

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

4673

(E)(5) One of the following, unless the elector is a	4674
first-time mail-in registrant:	4675

(1)(a) The elector's Ohio driver's license number;

4676

(2)(b) The last four digits of the elector's social security	4677
number;	4678

(3)(c) A copy of the elector's current and valid photo	4679
identification, a copy of a military identification, or a copy of	4680
a current utility bill, bank statement, government check,	4681
paycheck, or other government document, other than a notice of	4682
an election mailed by a board of elections under section	4683
3501.19 of the Revised Code or a notice of voter registration	4684
mailed by a board of elections under section 3503.19 of the	4685
Revised Code, that shows the name and address of the elector	4686
identification.	4687

(F)(6) A statement identifying the election for which absent	4688
voter's ballots are requested;	4689

(G)(7) A statement that the person requesting the ballots is	4690
a qualified elector;	4691

(H)(8) If the request is for primary election ballots, the	4692
elector's party affiliation;	4693

(I)(9) If the elector desires ballots to be mailed to the	4694
elector, the address to which those ballots shall be mailed;	4695

(10) If the elector is a first-time mail-in registrant, a	4696
copy of the elector's first-time mail-in registrant	4697
identification.	4698

(B) A voter who will be outside the United States on the day	4699
of any election during a calendar year may use a single federal	4700
post card application to apply for absent voter's ballots. Those	4701
ballots shall be sent to the voter for use at the primary and	4702
general elections in that year and any special election to be held	4703
on the day in that year specified by division (E) of section	4704
3501.01 of the Revised Code for the holding of a primary election,	4705
designated by the general assembly for the purpose of submitting	4706
constitutional amendments proposed by the general assembly to the	4707
voters of the state unless the voter reports a change in the	4708
voter's voting status to the board of elections or the voter's	4709
intent to vote in any such election in the precinct in this state	4710
where the voter is registered to vote. A single federal postcard	4711
application shall be processed by the board of elections pursuant	4712
to section 3509.04 of the Revised Code the same as if the voter	4713
had applied separately for absent voter's ballots for each	4714
election. When mailingsending absent voter's ballots to a voter	4715
who applied for them by single federal post card application, the	4716
board shall enclose notification to the voter that the voter must	4717
report to the board subsequent changes in the voter's voting	4718
status or the voter's subsequent intent to vote in any such	4719
election in the precinct in this state where the voter is	4720
registered to vote. Such notification shall be in a form	4721
prescribed by the secretary of state. As used in this section	4722
division, "voting status" means the voter's name at the time the	4723
voter applied for absent voter's ballots by single federal post	4724
card application and the voter's address outside the United	4725
States to which the voter requested that those ballots be sent.	4726

Each(C)(1) An elector may make a single request for absent	4727
voter's ballots for all elections at which the elector is eligible	4728
to vote during a calendar year. The application shall contain the	4729
information specified in division (A) of this section and also	4730
shall specify that the elector is requesting absent voter's	4731
ballots for each election during that year. If the elector wishes	4732
to vote primary election ballots, the elector shall state the	4733
elector's party affiliation in the application.	4734

If an elector applies for annual absent voter's ballots under	4735
this division, the application shall be processed by the board of	4736
elections pursuant to section 3509.04 of the Revised Code the same	4737
as if the elector had applied separately for absent voter's	4738
ballots for each election during the applicable calendar year.	4739
Absent voter's ballots shall be sent to the elector for use at	4740
each election during the applicable calendar year for which the	4741
elector is eligible to cast a ballot. When sending absent voter's	4742
ballots to an elector who applied for them under this division,	4743
the board shall enclose notification to the elector that the	4744
elector must report to the board subsequent changes in the	4745
elector's voting status, changes in the elector's address, or the	4746
elector's intent to vote at a polling location in the jurisdiction	4747
in this state where the elector is registered to vote. Such	4748
notification shall be in a form prescribed by the secretary of	4749
state.	4750

If an absent voter's ballot or any official response to an	4751
application for an annual absent voter's ballot is returned	4752
undeliverable to the board of elections, the board shall attempt	4753
to contact the elector to verify the elector's mailing address	4754
using any available contact information in the elector's voter	4755
registration record including the elector's telephone number,	4756
facsimile transmission number, or electronic mail address. If the	4757
board is unable to contact the elector, the board shall not send	4758
absent voter's ballots for any subsequent election to that	4759
elector until the elector submits another application and the	4760
information in that application is verified. The board shall	4761
remove from the poll list or signature pollbook any notation that	4762
the elector requested an absent voter's ballot. The elector may	4763
cast a regular ballot if the elector appears to vote in person on	4764
the day of the election or the elector may cast an absent voter's	4765
ballot in person before the day of the election at the board of	4766
elections or if pursuant to division (C) of section 3501.10 of the	4767
Revised Code the board has designated one or more other locations	4768
in the county at which registered electors may cast an absent	4769
voter's ballot in person, at such other location.	4770

(2) Not later than the fifteenth day of December of each	4771
year, the board of elections shall send an application for annual	4772
absent voter's ballots for the following calendar year to each	4773
person who requested annual absent voter's ballots under division	4774
(C)(1) of this section for the current year. An elector who	4775
completes and returns such an application shall be eligible to	4776
receive annual absent voter's ballots under division (C)(1) of	4777
this section for the applicable year.	4778

(D) Except for annual applications for absent voter's ballots	4779
submitted under division (C)(2) of this section, each application	4780
for absent voter's ballots shall be delivered to the director not	4781
earlier than the first day of January of the year of the elections	4782
for which the absent voter's ballots are requested or not earlier	4783
than ninety days before the day of the election at which the	4784
ballots are to be voted, whichever is earlier, and not later than	4785
twelve noon of the third day before the day of the election at	4786
which the ballots are to be voted, or not later than the close of	4787
regular business hours on the day before the day of the election	4788
at which the ballots are to be voted if the application is	4789
delivered in person to the office of the board.	4790

Sec. 3509.031. (A) Any qualified elector who is a member of	4791
the organized militia called to active duty within the state and	4792
who will be unable to vote on election day on account of that	4793
active duty may make written application for absent voter's	4794
ballots to the director of elections for the county in which the	4795
elector's voting residence is located. The elector may personally	4796
deliver the application to the director or may mail it, send it by	4797
facsimile machine, send it by electronic mail, send it by other	4798
electronic means via the internet, or otherwise send it to the	4799
director. The application need not be in any particular form but	4800
shall contain all of the following:	4801

(1) The elector's name;

4802

(2) The elector's signature or, if the application is	4803
transmitted electronically, an image of the elector's signature;	4804

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

4805

(4) The elector's date of birth;

4806

(5) One of the following, unless the elector is a first-time	4807
mail-in registrant:	4808

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

4809

(b) The last four digits of the elector's social security	4810
number;	4811

(c) A copy of the elector's current and valid photo	4812
identification, a copy of a military identification, or a copy of	4813
a current utility bill, bank statement, government check,	4814
paycheck, or other government document, other than a notice of	4815
an election mailed by a board of elections under section	4816
3501.19 of the Revised Code or a notice of voter registration	4817
mailed by a board of elections under section 3503.19 of the	4818
Revised Code, that shows the name and address of the elector	4819
identification.	4820

(6) A statement identifying the election for which absent	4821
voter's ballots are requested;	4822

(7) A statement that the person requesting the ballots is a	4823
qualified elector;	4824

(8) A statement that the elector is a member of the organized	4825
militia serving on active duty within the state;	4826

(9) If the request is for primary election ballots, the	4827
elector's party affiliation;	4828

(10) If the elector desires ballots to be mailed to the	4829
elector, the address to which those ballots shall be mailed;	4830

(11) If the elector desires ballots to be sent to the elector	4831
by facsimile machine, the telephone number to which they shall be	4832
so sent;	4833

(12) If the elector is a first-time mail-in registrant, a	4834
copy of the elector's first-time mail-in registrant	4835
identification.	4836

(B) Application to have absent voter's ballots mailed or,	4837
sent by facsimile machine, or otherwise sent to a qualified	4838
elector who is a member of the organized militia called to active	4839
duty within the state and who will be unable to vote on election	4840
day on account of that active duty may be made by the spouse of	4841
the militia member or the father, mother, father-in-law,	4842
mother-in-law, grandfather, grandmother, brother or sister of the	4843
whole blood or half blood, son, daughter, adopting parent,	4844
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	4845
niece of the militia member. The application shall be in writing	4846
upon a blank form furnished only by the director. The form of the	4847
application shall be prescribed by the secretary of state. The	4848
director shall furnish that blank form to any of the relatives	4849
specified in this division desiring to make the application, only	4850
upon the request of such a relative in person at the office of	4851
the board or upon the written request of such a relative mailed,	4852
sent by facsimile transmission, sent by electronic mail, or sent	4853
by other electronic means via the internet to the office of the	4854
board. The application, subscribed and sworn to by the applicant,	4855
shall contain all of the following:	4856

(1) The full name of the elector for whom ballots are	4857
requested;	4858

(2) A statement that such person is a qualified elector in	4859
the county;	4860

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

4861

(4) The elector's date of birth;

4862

(5) One of the following, unless the elector is a first-time	4863
mail-in registrant:	4864

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

4865

(b) The last four digits of the elector's social security	4866
number;	4867

(c) A copy of the elector's current and valid photo	4868
identification, a copy of a military identification, or a copy of	4869
a current utility bill, bank statement, government check,	4870
paycheck, or other government document, other than a notice of	4871
an election mailed by a board of elections under section	4872
3501.19 of the Revised Code or a notice of voter registration	4873
mailed by a board of elections under section 3503.19 of the	4874
Revised Code, that shows the name and address of the elector	4875
identification.	4876

(6) A statement identifying the election for which absent	4877
voter's ballots are requested;	4878

(7) A statement that the elector is a member of the organized	4879
militia serving on active duty within the state;	4880

(8) If the request is for primary election ballots, the	4881
elector's party affiliation;	4882

(9) A statement that the applicant bears a relationship to	4883
the elector as specified in division (B) of this section;	4884

(10) The address to which ballots shall be mailed or	4885
telephone number to which ballots shall be sent by facsimile	4886
machine;	4887

(11) The signature or, if the application is transmitted	4888
electronically, an image of the signature and the address of the	4889
person making the application;	4890

(12) If the elector is a first-time mail-in registrant, a	4891
copy of the elector's first-time mail-in registrant	4892
identification.	4893

(C) Applications (1) An elector who is a member of the	4894
organized militia may make a single request for absent voter's	4895
ballots for all elections at which the elector is eligible to vote	4896
during a calendar year. The application shall contain the	4897
information specified in division (A) of this section and also	4898
shall specify that the elector is requesting absent voter's	4899
ballots for each election during that year. If the elector wishes	4900
to vote primary election ballots, the elector shall state the	4901
elector's party affiliation in the application.	4902

If an elector applies for annual absent voter's ballots under	4903
this division, the application shall be processed by the board of	4904
elections pursuant to section 3509.04 of the Revised Code the same	4905
as if the elector had applied separately for absent voter's	4906
ballots for each election during the applicable calendar year.	4907
Absent voter's ballots shall be sent to the elector for use at	4908
each election during the applicable calendar year for which the	4909
elector is eligible to cast a ballot. When sending absent voter's	4910
ballots to an elector who applied for them under this division,	4911
the board shall enclose notification to the elector that the	4912
elector must report to the board subsequent changes in the	4913
elector's voting status, changes in the elector's address, or the	4914
elector's intent to vote at a polling location in the jurisdiction	4915
in this state where the elector is registered to vote. Such	4916
notification shall be in a form prescribed by the secretary of	4917
state.	4918

If an absent voter's ballot or any official response to an	4919
application for an annual absent voter's ballot is returned	4920
undeliverable to the board of elections, the board shall attempt	4921
to contact the elector to verify the elector's mailing address	4922
using any available contact information in the elector's voter	4923
registration record including the elector's telephone number,	4924
facsimile transmission number, or electronic mail address. If the	4925
board is unable to contact the elector, the board shall not send	4926
absent voter's ballots for any subsequent election to that	4927
elector until the elector submits another application and the	4928
information in that application is verified. The board shall	4929
remove from the poll list or signature pollbook any notation that	4930
the elector requested an absent voter's ballot. The elector may	4931
cast a regular ballot if the elector appears to vote in person on	4932
the day of the election or the elector may cast an absent voter's	4933
ballot in person before the day of the election at the board of	4934
elections or if pursuant to division (C) of section 3501.10 of the	4935
Revised Code the board has designated one or more other locations	4936
in the county at which registered electors may cast an absent	4937
voter's ballot in person, at such other location.	4938

(2) Not later than the fifteenth day of December of each	4939
year, the board of elections shall send an application for annual	4940
absent voter's ballots for the following calendar year to each	4941
person who requested annual absent voter's ballots under division	4942
(C)(1) of this section for the current year. An elector who	4943
completes and returns such an application shall be eligible to	4944
receive annual absent voter's ballots under division (C)(1) of	4945
this section for the applicable year.	4946

(D) Except for annual applications for absent voter's ballots	4947
submitted under division (C)(2) of this section, applications to	4948
have absent voter's ballots mailed or sent by facsimile machine	4949
shall not be valid if dated, postmarked, or received by the	4950
director prior to the ninetieth day before the day of the	4951
election for which ballots are requested or if delivered to the	4952
director later than twelve noon of the third day preceding the	4953
day of such election. If, after the ninetieth day and before four	4954
p.m. of the day before the day of an election, a valid	4955
application for absent voter's ballots is delivered to the	4956
director of elections at the office of the board by a militia	4957
member making application in the militia member's own behalf, the	4958
director shall forthwith deliver to the militia member all absent	4959
voter's ballots then ready for use, together with an	4960
identification envelope. The militia member shall then vote the	4961
absent voter's ballots in the manner provided in section 3509.05	4962
of the Revised Code.	4963

Sec. 3509.04. (A) If a director of a board of elections	4964
receives an application for absent voter's ballots that does not	4965
contain all of the required information, the director promptly	4966
shall notify the applicant, by whatever means of contact the	4967
applicant has provided on the application, of the additional	4968
information required to be provided by the applicant to complete	4969
that application. The applicant may provide the required	4970
information by mail, electronic mail, telephone, or facsimile	4971
transmission, through the internet, or in person at the office of	4972
the board of elections. If the application is missing a signature,	4973
the applicant may provide a signed statement that the applicant	4974
submitted the application. A signature provided on a signed	4975
statement under this division shall be considered the applicant's	4976
signature on the application for the purposes of processing an	4977
otherwise valid application for absent voter's ballots. The	4978
secretary of state shall prescribe uniform standards for	4979
processing additional information by mail, electronic mail,	4980
telephone, facsimile transmission, through the internet, or in	4981
person at the office of the board of elections under this	4982
division.	4983

If the applicant provides the required information prior to	4984
the end of the period for voting by absent voter's ballots at that	4985
election, the board shall promptly process the application and	4986
deliver absent voter's ballots to the applicant.	4987

(B) UponSubject to section 3509.07 of the Revised Code, upon	4988
receipt by the director of elections of an application for absent	4989
voter's ballots that contain all of the required information, as	4990
provided by sections 3509.03 and 3509.031 and division (G) of	4991
section 3503.16 of the Revised Code, the director, if the	4992
director finds that the applicant is a qualified elector, shall	4993
deliver to the applicant in person or mail directly to the	4994
applicant by special delivery mail, air mail, or regular mail,	4995
postage prepaid, proper absent voter's ballots. If the address to	4996
which the ballots are to be sent is located outside of the United	4997
States, the board may deliver the absent voter's ballots to the	4998
applicant using a method other than United States mail. The	4999
director shall deliver or mailsend with the ballots an unsealed	5000
identification envelope upon the face of which shall be printed a	5001
form substantially as follows:	5002

"Identification Envelope Statement of Voter	5003

I, ........................(Name of voter), declare under	5004
penalty of election falsification that the within ballot or	5005
ballots contained no voting marks of any kind when I received	5006
them, and I caused the ballot or ballots to be marked, enclosed in	5007
the identification envelope, and sealed in that envelope.	5008

My voting residence in Ohio is

5009

...................................................................	5010

(Street and Number, if any, or Rural Route and Number)	5011

of ................................ (City, Village, or Township)	5012
Ohio, which is in Ward ............... Precinct ................	5013
in that city, village, or township.	5014

The primary election ballots, if any, within this envelope	5015
areIf the election is a primary election, by requesting ballots	5016
of the ............. Party, I hereby declare that I desire to be	5017
affiliated with and support the above-named party.	5018

Ballots contained within this envelope are to be voted at the	5019
.......... (general, special, or primary) election to be held on	5020
the .......................... day of ......................, ....	5021

My date of birth is ............... (Month and Day),	5022
.......... (Year).	5023

(Voter must provide one of the following:)

5024

My Ohio driver's license number is ............... (Driver's	5025
Ohio driver's license number).	5026

The last four digits of my Social Security Number are	5027
............... (Last four digits of Social Security Number).	5028

...... In lieu of providing aan Ohio driver's license number	5029
or the last four digits of my Social Security Number, I am	5030
enclosing a copy of one of the following in the return envelope	5031
in which this identification envelope will be mailed: a current	5032
and valid photo identification or two current and valid items	5033
that list my name in a manner that substantially conforms to my	5034
name on the statewide voter registration database and are from a	5035
nonprofit organization, an institution, a business, or a	5036
government entity. If I am a first-time voter who registered to	5037
vote by mail, did not provide identification when I registered to	5038
vote, and have not previously voted at a federal election in Ohio,	5039
I am enclosing a copy of a current and valid photo	5040
identification, a military identification, or a current utility	5041
bill, bank statement, government check, paycheck, or other	5042
government document, other than a notice of an election mailed by	5043
a board of elections under section 3501.19 of the Revised Code or	5044
a notice of voter registration mailed by a board of elections,	5045
that shows my name and address.	5046

I hereby declare, under penalty of election falsification,	5047
that the statements above are true, as I verily believe.	5048

			5049
	(Signature of Voter (required)		5050

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5051
THE FIFTH DEGREE."	5052

Before delivering or sending the ballots, the director shall	5053
record the unique identification number located on the stub of the	5054
voter's ballot, the voter's name, and the voter's address, and	5055
shall cause the unique identification number to be copied on the	5056
outside of the voter's identification envelope. The director shall	5057
mailsend with the ballots and the unsealed identification	5058
envelope an unsealed return envelope upon the face of which	5059
shall be printed the official title and post-office address of	5060
the director. In the upper left corner on the face of the return	5061
envelope, several blank lines shall be printed upon which the	5062
voter may write the voter's name and return address, and beneath	5063
these lines there shall be printed a box beside the words "check	5064
if out-of-country." The voter shall check this box if the voter	5065
will be outside the United States on the day of the election.	5066
The return envelope shall be of such size that the	5067
identification envelope can be conveniently placed within it for	5068
returning the identification envelope to the director.	5069

Sec. 3509.05.  (A) When an elector receives an absent	5070
voter's ballot pursuant to the elector's application or request,	5071
the elector shall, before placing any marks on the ballot, note	5072
whether there are any voting marks on it. If there are any voting	5073
marks, the ballot shall be returned immediately to the board of	5074
elections; otherwise, the elector shall cause the ballot to be	5075
marked, folded in a manner that the stub on it and the	5076
indorsements and facsimile signatures of the members of the board	5077
of elections on the back of it areis visible, and placed and	5078
sealed within the identification envelope received from the	5079
director of elections for that purpose. Then, the elector shall	5080
cause the statement of voter on the outside of the identification	5081
envelope to be completed and signed, under penalty of election	5082
falsification.	5083

IfUnless the elector is a first-time mail-in registrant, the	5084
elector does notshall provide the elector's Ohio driver's	5085
license number or the last four digits of the elector's social	5086
security number on the statement of voter on the identification	5087
envelope. If the elector does not provide the elector's Ohio	5088
driver's license number or the last four digits of the elector's	5089
social security number on the statement of voter, the elector also	5090
shall include in the return envelope with the identification	5091
envelope a copy of the elector's current valid photo	5092
identification, a copy of a military identification, or a copy	5093
of a current utility bill, bank statement, government check,	5094
paycheck, or other government document, other than a notice of	5095
an election mailed by a board of elections under section 3501.19	5096
of the Revised Code or a notice of voter registration mailed by	5097
a board of elections under section 3503.19 of the Revised Code,	5098
that shows the name and address of the electoridentification.	5099
If the elector is a first-time mail-in registrant, the elector	5100
shall include a copy of the elector's first-time mail-in	5101
registrant identification.	5102

The elector shall mail the identification envelope to the	5103
director from whom it was received in the return envelope, postage	5104
prepaid, or the elector may personally deliver it to the director,	5105
or the spouse of the elector, the father, mother, father-in-law,	5106
mother-in-law, grandfather, grandmother, brother, or sister of the	5107
whole or half blood, or the son, daughter, adopting parent,	5108
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	5109
niece of the elector may deliver it to the director. If the	5110
elector is returning the absent voter's ballots from outside the	5111
United States, the elector may return those ballots to the	5112
director by mail, commercial delivery service, personal delivery,	5113
or delivery by a family member. The return envelope shall be	5114
transmitted to the director in no other manner, except as	5115
provided in section 3509.08 of the Revised Code.	5116

Each elector who will be outside the United States on the day	5117
of the election shall check the box on the return envelope	5118
indicating this fact.	5119

When absent voter's ballots are delivered to an elector at	5120
the office of the board, the elector may retire to a voting	5121
compartment provided by the board and there mark the ballots.	5122
Thereupon, the elector shall fold them, place them in the	5123
identification envelope provided, seal the envelope, fill in and	5124
sign the statement on the envelope under penalty of election	5125
falsification, and deliver the envelope to the director of the	5126
board.	5127

Except as otherwise provided in divisions (B) and (C) of this	5128
section, all other envelopes containing marked absent voter's	5129
ballots shall be delivered to the director not later than the	5130
close of the polls on the day of an election. Absent voter's	5131
ballots delivered to the director later than the times specified	5132
shall not be counted, but shall be kept by the board in the sealed	5133
identification envelopes in which they are delivered to the	5134
director, until the time provided by section 3505.31 of the	5135
Revised Code for the destruction of all other ballots used at the	5136
election for which ballots were provided, at which time they shall	5137
be destroyed.	5138

(B)(1) Except as otherwise provided in division (B)(2) of	5139
this section, any return envelope that indicates that the voter	5140
will be outside the United States on the day of the election shall	5141
be delivered to the director prior to the eleventh day after the	5142
election. Ballots delivered in such envelopes that are received	5143
after the close of the polls on election day through the tenth day	5144
thereafter shall be processed and counted on or after the eleventh	5145
day at the board of elections in the manner provided in	5146
divisionsdivision (C) and (D) of section 3509.06 of the Revised	5147
Code. Any such ballots that are signed or postmarked after the	5148
close of the polls on the day of the election or that are	5149
received by the director later than the tenth day following the	5150
election shall not be counted, but shall be kept by the board in	5151
the sealed identification envelopes as provided in division (A)	5152
of this section.	5153

(2) In any year in which a presidential primary election is	5154
held, any return envelope that indicates that the voter will be	5155
outside the United States on the day of the presidential primary	5156
election shall be delivered to the director prior to the	5157
twenty-first day after that election. Ballots delivered in such	5158
envelopes that are received after the close of the polls on	5159
election day through the twentieth day thereafter shall be	5160
processed and counted on or after the twenty-first day at the	5161
board of elections in the manner provided in divisionsdivision	5162
(C) and (D) of section 3509.06 of the Revised Code. Any such	5163
ballots that are signed or postmarked after the close of the	5164
polls on the day of that election or that are received by the	5165
director later than the twentieth day following that election	5166
shall not be counted, but shall be kept by the board in the	5167
sealed identification envelopes as provided in division (A) of	5168
this section.	5169

(C)(1) Except as otherwise provided in division (C)(2) of	5170
this section, any return envelope that is postmarked within the	5171
United States prior to the day of the election shall be delivered	5172
to the director prior to the eleventh day after the election.	5173
Ballots delivered in envelopes postmarked prior to the day of the	5174
election that are received after the close of the polls on	5175
election day through the tenth day thereafter shall be processed	5176
and counted on or after the eleventh day at the board of	5177
elections in the manner provided in divisionsdivision (C) and	5178
(D) of section 3509.06 of the Revised Code. Any such ballots	5179
that are received by the director later than the tenth day	5180
following the election shall not be counted, but shall be kept	5181
by the board in the sealed identification envelopes as provided	5182
in division (A) of this section.	5183

(2) Division (C)(1) of this section shall not apply to any	5184
mail that is postmarked using a postage evidencing system,	5185
including a postage meter, as defined in 39 C.F.R. 501.1.	5186

Sec. 3509.06.  (A) Upon receipt of a return envelope	5187
purporting to contain voted absent voter's ballots prior to the	5188
eleventh day after the day of an election, a bipartisan team	5189
consisting of employees of the board of elections shall inspect	5190
the postmark and verify the date the board received the absent	5191
voter's ballot. If either the postmark or the date of receipt do	5192
not meet the applicable deadlines for that election established in	5193
section 3509.05 of the Revised Code, the ballot shall not be	5194
counted. The identification envelope shall not be opened, and it	5195
shall be endorsed "not counted" with the reasons the ballot was	5196
not counted.	5197

If the postmark and date of receipt for a return envelope	5198
purporting to contain voted absent voter's ballots meets the	5199
applicable deadlines for that election established in section	5200
3509.05 of the Revised Code, the bipartisan team shall open that	5201
return envelope but shall not open the identification envelope	5202
contained in it. If, upon opening the return envelope, the	5203
bipartisan team finds ballots in it that are not enclosed in and	5204
properly sealed in the identification envelope, the bipartisan	5205
team shall not look at the markings upon the ballots and shall	5206
promptly place them in the identification envelope and promptly	5207
seal it. If, upon opening the return envelope, the bipartisan	5208
team finds that the ballots are enclosed in the identification	5209
envelope but that it is not properly sealed, the bipartisan team	5210
shall not look at the markings upon the ballots and shall promptly	5211
seal the identification envelope.	5212

The bipartisan team shall cause the identification	5213
envelopes, any associated identification, and the ballots in the	5214
identification envelopes to be properly secured until such time	5215
as they are processed and counted.	5216

The board of elections shall determine whether absent voter's	5217
ballots shall be processed and counted in each precinct, at the	5218
office of the board, or at some other location designated by the	5219
board, and shall proceed accordingly under division (B) or (C) of	5220
this section.	5221

(B) When the board of elections determines that absent	5222
voter's ballots shall be counted in each precinct, the director	5223
shall deliver to the presiding judge of each precinct on election	5224
day identification envelopes purporting to contain absent voter's	5225
ballots of electors whose voting residence appears from the	5226
statement of voter on the outside of each of those envelopes, to	5227
be located in such presiding judge's precinct, and which were	5228
received by the director not later than the close of the polls on	5229
election day. The director shall deliver to such presiding judge	5230
a list containing the name and voting residence of each person	5231
whose voting residence is in such precinct to whom absent voter's	5232
ballots were mailed.	5233

(C) When the board of elections determines that absent	5234
voter's ballots shall be counted at the office of theThe board	5235
of elections or at another location designated by the board,	5236
shall appoint special election judges shall be appointed by the	5237
board for thatthe purpose having the same authority as is	5238
exercised by precinct judgesof processing and counting absent	5239
voter's ballots. The votes so cast shall be added to the vote	5240
totals by the board, and the absent voter's ballots shall be	5241
preserved separately by the board, in the same manner and for the	5242
same length of time as provided by section 3505.31 of the Revised	5243
Code.	5244

(D)(C)(1) Each of the identification envelopes purporting to	5245
contain absent voter's ballots shall be delivered to the presiding	5246
judge of the precinct or the special judge appointed by the board	5247
of elections and shall be handledprocessed and counted as	5248
follows: The election officials shall compare the signature of	5249
the elector on the outside of the identification envelope with	5250
the signature of that elector on the elector's registration form	5251
and verify that the absent voter's ballot is eligible to be	5252
counted under section 3509.07 of the Revised Code. Any of the	5253
precinct officials may challenge the right of the elector named on	5254
the identification envelope to vote the absent voter's ballots	5255
upon the ground that the signature on the envelope is not the same	5256
as the signature on the registration form, or upon any other of	5257
the grounds upon which the right of persons to vote may be	5258
lawfully challenged. If no such challenge is made, or if such a	5259
challenge is made and not sustained, the presiding judge shall	5260
open the envelope without defacing the statement of voter and	5261
without mutilating the ballots in it, and shall remove the	5262
ballots contained in it and proceed to count them.	5263

The name of each person voting who is entitled to vote only	5264
an absent voter's presidential ballot shall be entered in a	5265
pollbook or poll list or signature pollbook followed by the words	5266
"Absentee Presidential Ballot." The name of each person voting an	5267
absent voter's ballot, other than such persons entitled to vote	5268
only a presidential ballot, shall be entered in the pollbook or	5269
poll list or signature pollbook and the person's	5270

(a) The election officials shall inspect the statement	5271
accompanying an absent voter's ballot to determine if the voter's	5272
signature has been provided.	5273

(b) The election officials shall compare the signature of the	5274
voter as provided on the statement accompanying the absent	5275
voter's ballot with the signature contained in the voter	5276
registration records.	5277

(c) If the election officials find that the voter's signature	5278
has been provided and that the voter is registered and eligible to	5279
cast a ballot in the election, the election officials shall open	5280
the envelope and determine if the stub is attached to or enclosed	5281
with the ballot. If the stub is attached to or enclosed with the	5282
ballot, the election officials shall count that ballot not	5283
earlier than the day of the election. If the stub is not attached	5284
to or enclosed with the ballot, the absent voter's ballot shall	5285
not be counted. The ballot shall be placed in its accompanying	5286
identification envelope, which shall be endorsed "not counted"	5287
with the reasons the ballot was not counted.	5288

(d) If the election officials find that the voter did not	5289
sign the statement of voter on the identification envelope or if	5290
the election officials are unable to determine the identity of the	5291
voter who returned the ballot, the election officials shall use	5292
any information provided on the identification envelope or, if	5293
necessary, cross-reference the unique stub number placed on the	5294
identification envelope with the registration records to identify	5295
the voter for notification under division (G) of this section.	5296

(e) If the voter did not sign the statement of voter on the	5297
identification envelope and if the voter fails to correct that	5298
defect within ten days after the day of the election in accordance	5299
with division (G) of this section, or if the election officials	5300
find that the voter is not registered or not eligible to cast a	5301
ballot in the election, the voter's absent voter's ballot shall	5302
not be counted. The identification envelope shall not be opened,	5303
and it shall be endorsed "not counted" with the reasons the	5304
ballot was not counted.	5305

(2) The board of elections may process absent voter's ballots	5306
under division (C)(1) of this section during the ten days prior to	5307
the day of an election but shall not reveal or cause to be	5308
revealed the marks on any ballots. The board shall not count any	5309
absent voter's ballot prior to the day of the election.	5310

(3) Any ballots that are not eligible to be counted under	5311
division (C)(1)(c) or (e) of this section shall be the preserved	5312
in their identification envelopes until the time provided by	5313
section 3505.31 of the Revised Code for the destruction of all	5314
other ballots used at the election for which ballots were	5315
provided, at which time they shall be destroyed.	5316

(D) The registration cardrecord of each person voting an	5317
absent voter's ballot shall be marked to indicate that the person	5318
has voted.	5319

The date of such election shall also be entered on the	5320
elector's registration formrecord. If any such challenge is made	5321
and sustained, the identification envelope of such elector shall	5322
not be opened, shall be endorsed "Not Counted" with the reasons	5323
the ballots were not counted, and shall be delivered to the	5324
board.	5325

(E) Special election judges, employees or members of the	5326
board of elections, or observers shall not disclose the count or	5327
any portion of the count of absent voter's ballots prior to the	5328
time of the closing of the polling places. No person shall	5329
recklessly disclose the count or any portion of the count of	5330
absent voter's ballots in such a manner as to jeopardize the	5331
secrecy of any individual ballot.	5332

(F) Observers may be appointed under section 3505.21 of the	5333
Revised Code to witness the examination and openingprocessing of	5334
identification envelopes and the counting of absent voters'	5335
ballots under this section.	5336

(G)(1) If the voter did not sign the statement of voter on	5337
the identification envelope or if the election officials are	5338
unable to determine the identity of the voter who returned the	5339
ballot, the board of elections shall notify the voter, by whatever	5340
means of contact the voter has provided on the identification	5341
envelope or using any available contact information in the voter's	5342
registration record, of the defect and request the voter to verify	5343
the voter's identity for the purpose of processing that absent	5344
voter's ballot.	5345

(2) The voter may verify that the voter was the person who	5346
returned the absent voter's ballot in any of the following ways:	5347

(a) By confirming by mail, electronic mail, telephone, or	5348
facsimile transmission, or through the internet the voter's date	5349
of birth and residence address in a manner that substantially	5350
conforms with the records of the board of elections;	5351

(b) By providing a statement by mail, electronic mail, or	5352
facsimile transmission, or through the internet that the voter	5353
submitted the ballot and by attaching the voter's signature to	5354
that statement. A signature attached to a statement made under	5355
this division shall be considered the voter's signature on the	5356
identification envelope for the purposes of verifying the validity	5357
of that ballot.	5358

(c) By appearing in person at the office of the board of	5359
elections and signing the identification envelope.	5360

(3) The secretary of state shall prescribe uniform standards	5361
for processing additional information by mail, electronic mail,	5362
telephone, facsimile transmission, through the internet, or in	5363
person at the office of the board of elections under division (H)	5364
of this section.	5365

(4) If the voter provides the required information within ten	5366
days after the day of the election, the election officials shall	5367
complete the processing of the absent voter's ballot under	5368
division (C) of this section in the same manner as if that	5369
information had been included on the statement of voter at the	5370
time the ballot was returned.	5371

(H) As used in this section:

5372

(1) "Bipartisan team" means a team consisting of two	5373
employees of a board of elections who are from different political	5374
parties.	5375

(2) "Processing" an absent voter's ballot means any of the	5376
following:	5377

(a) Examining the sufficiency of an absent voter's ballot	5378
identification envelope by reviewing the postmark, the date of	5379
receipt by the board of elections, and the presence of the voter's	5380
valid signature on the identification envelope and, if the voter's	5381
name is signed on the envelope, opening the identification	5382
envelope;	5383

(b) Determining the validity of an absent voter's ballot,	5384
including determining whether the proper ballot was delivered to	5385
the voter and whether the stub is attached to or enclosed with the	5386
ballot;	5387

(c) Preparing an absent voter's ballot for scanning by	5388
automatic tabulating equipment;	5389

(d) Scanning an absent voter's ballot by automatic tabulating	5390
equipment but only if the equipment used by the board of elections	5391
permits an absent voter's ballot to be scanned without tabulating	5392
or counting the votes on the ballots scanned; and	5393

(e) Identifying absent voter's ballots that cannot be read by	5394
or that are rejected by automatic tabulating equipment and	5395
determining if those ballots need to be remade so that they can be	5396
read by that equipment.	5397

Sec. 3509.07. (A) An elections official of the county in	5398
which an elector applies to vote by absent voter's ballots may	5399
challenge the right of the elector named on the application to	5400
receive absent voter's ballots only on the following grounds:	5401

(1) That the person is not a resident of the precinct for	5402
which the person is applying to vote absent voter's ballots;	5403

(2) That the person is not a citizen of the United States;

5404

(3) That the person is not eighteen years of age or older;

5405

(4) That the person is not a qualified elector for that	5406
election.	5407

Challenges shall be made only if the election official knows	5408
or reasonably believes that the challenged elector is not	5409
qualified and entitled to vote.	5410

(B) If an elector's absent voter's ballot application is	5411
challenged, the application shall be kept with other challenged	5412
absent voter's ballot applications.	5413

(C) Upon receipt of a challenged absent voter's ballot	5414
application, the board of elections promptly shall review the	5415
board's records. If the board is able to determine that a	5416
challenge should be denied solely on the basis of the records	5417
maintained by the board, the board immediately shall vote to deny	5418
the challenge. If the board is unable to determine the outcome of	5419
the challenge solely on the basis of the records maintained by the	5420
board, the board shall notify the elector of the challenge to the	5421
elector's absent voter's ballot application and shall provide an	5422
opportunity for the elector to respond to the challenge. The board	5423
of elections shall use the challenge and notification process	5424
established in section 3503.24 of the Revised Code, except that	5425
the board shall decide the challenge prior to the day of the	5426
election.	5427

(D) If the challenge is denied, an absent voter's ballot	5428
shall promptly be sent to the elector requesting that ballot. If	5429
the board of elections upholds the challenge, the absent voter's	5430
ballot application shall not be processed, no absent voter's	5431
ballot shall be sent to the elector, and the elector shall be	5432
notified of the reason the elector will not receive an absent	5433
voter's ballot.	5434

(E) No election official or other person may challenge the	5435
validity of an absent voter's ballot that has been completed and	5436
returned by the voter under this section. The validity of such a	5437
ballot shall be determined under section 3509.06 of the Revised	5438
Code.	5439

Sec. 3509.08.  (A) Any qualified elector, who, on account of	5440
the elector's own personal illness, physical disability, or	5441
infirmity, or on account of the elector's confinement in a jail or	5442
workhouse under sentence for a misdemeanor or awaiting trial on a	5443
felony or misdemeanor, will be unable to travel from the elector's	5444
home or place of confinement to the voting booth in the elector's	5445
precinct on the day of any general, special, or primary election	5446
may make application in writing for an absent voter's ballot to	5447
the director of the board of elections of the elector's county.	5448
The application shall include all of the information required	5449
under section 3509.03 of the Revised Code and shall state the	5450
nature of the elector's illness, physical disability, or	5451
infirmity, or the fact that the elector is confined in a jail or	5452
workhouse and the elector's resultant inability to travel to the	5453
election booth in the elector's precinct on election day. The	5454
application shall not be valid if it is delivered to the director	5455
before the ninetieth day or after twelve noon of the third day	5456
before the day of the election at which the ballot is to be voted.	5457

The absent voter's ballot may be mailed directly to the	5458
applicant at the applicant's voting residence or place of	5459
confinement as stated in the applicant's application, or the board	5460
may designate two board employees belonging to the two major	5461
political parties for the purpose of delivering the ballot to the	5462
disabled or confined elector and returning it to the board, unless	5463
the applicant is confined to a public or private institution	5464
within the county, in which case the board shall designate two	5465
board employees belonging to the two major political parties for	5466
the purpose of delivering the ballot to the disabled or confined	5467
elector and returning it to the board. In all other instances, the	5468
ballot shall be returned to the office of the board in the manner	5469
prescribed in section 3509.05 of the Revised Code.	5470

Any disabled or confined elector who declares to the two	5471
board employees belonging to the two major political parties that	5472
the elector is unable to mark the elector's ballot by reason of	5473
physical infirmity that is apparent to the employees to be	5474
sufficient to incapacitate the voter from marking the elector's	5475
ballot properly, may receive, upon request, the assistance of the	5476
employees in marking the elector's ballot, and they shall	5477
thereafter give no information in regard to this matter. Such	5478
assistance shall not be rendered for any other cause.	5479

When two board employees belonging to the two major political	5480
parties deliver a ballot to a disabled or confined elector, each	5481
of the employees shall be present when the ballot is delivered,	5482
when assistance is given, and when the ballot is returned to the	5483
office of the board, and shall subscribe to the declaration on the	5484
identification envelope.	5485

The secretary of state shall prescribe the form of	5486
application for absent voter's ballots under this division.	5487

This chapter applies to disabled and confined absent voter's	5488
ballots except as otherwise provided in this section.	5489

(B)(1) Any qualified elector who is unable to travel to the	5490
voting booth in the elector's precinct on the day of any general,	5491
special, or primary election may apply to the director of the	5492
board of elections of the county where the elector is a qualified	5493
elector to vote in the election by absent voter's ballot if	5494
either of the following apply:	5495

(a) The elector is confined in a hospital as a result of an	5496
accident or unforeseeable medical emergency occurring before the	5497
election;	5498

(b) The elector's minor child is confined in a hospital as a	5499
result of an accident or unforeseeable medical emergency occurring	5500
before the election.	5501

(2) The application authorized under division (B)(1) of this	5502
section shall be made in writing, shall include all of the	5503
information required under section 3509.03 of the Revised Code,	5504
and shall be delivered to the director not later than three p.m.	5505
on the day of the election. The application shall indicate the	5506
hospital where the applicant or the applicant's child is confined,	5507
the date of the applicant's or the applicant's child's admission	5508
to the hospital, and the offices for which the applicant is	5509
qualified to vote. The applicant may also request that a member of	5510
the applicant's family, as listed in section 3509.05 of the	5511
Revised Code, deliver the absent voter's ballot to the applicant.	5512
The director, after establishing to the director's satisfaction	5513
the validity of the circumstances claimed by the applicant, shall	5514
supply an absent voter's ballot to be delivered to the applicant.	5515
When the applicant or the applicant's child is in a hospital in	5516
the county where the applicant is a qualified elector and no	5517
request is made for a member of the family to deliver the ballot,	5518
the director shall arrange for the delivery of an absent voter's	5519
ballot to the applicant, and for its return to the office of the	5520
board, by two board employees belonging to the two major political	5521
parties according to the procedures prescribed in division (A) of	5522
this section. When the applicant or the applicant's child is in a	5523
hospital outside the county where the applicant is a qualified	5524
elector and no request is made for a member of the family to	5525
deliver the ballot, the director shall arrange for the delivery of	5526
an absent voter's ballot to the applicant by mail, and the ballot	5527
shall be returned to the office of the board in the manner	5528
prescribed in section 3509.05 of the Revised Code.	5529

(3) Any qualified elector who is eligible to vote under	5530
division (B) or, (C), or (D) of section 3503.16 of the Revised	5531
Code but is unable to do so because of the circumstances described	5532
in division (B)(2) of this section may vote in accordance with	5533
division (B)(1) of this section if that qualified elector states	5534
in the application for absent voter's ballots that that qualified	5535
elector moved or, had a change of name, or both under the	5536
circumstances described in division (B) or, (C), or (D) of section	5537
3503.16 of the Revised Code and if that qualified elector complies	5538
with divisions (G)(1) to (4) of section 3503.16 of the Revised	5539
Code.	5540

(C) Any qualified elector described in division (A) or (B)(1)	5541
of this section who needs no assistance to vote or to return	5542
absent voter's ballots to the board of elections may apply for	5543
absent voter's ballots under section 3509.03 of the Revised Code	5544
instead of applying for them under this section.	5545

Sec. 3509.09.  (A) The poll list or signature pollbook for	5546
each precinct shall identify each registered elector in that	5547
precinct who has requested an absent voter's ballot for that	5548
election.	5549

(B)(1) If a registered elector appears to vote in that	5550
precinct and that elector has requested an absent voter's ballot	5551
for that election but the director has not received a sealed	5552
identification envelope purporting to contain that elector's voted	5553
absent voter's ballots for that election, the elector shall be	5554
permitted to cast a provisional ballot under section 3505.181 of	5555
the Revised Code in that precinct on the day of that election.	5556

(2) If a registered elector appears to vote in that precinct	5557
and that elector has requested an absent voter's ballot for that	5558
election and the director has received a sealed identification	5559
envelope purporting to contain that elector's voted absent voter's	5560
ballots for that election, the elector shall be permitted to cast	5561
a provisional ballot under section 3505.181 of the Revised Code in	5562
that precinct on the day of that election.	5563

(C)(1) In processing and counting absent voter's ballots	5564
under section 3509.06 of the Revised Code, the board of elections	5565
shall compare the signature of each elector from whom the	5566
director has received a sealed identification envelope purporting	5567
to contain that elector's voted absent voter's ballots for that	5568
election to the signature on that elector's registration form	5569
record. Except as otherwise provided in division (C)(3) of this	5570
section, if the board of elections determines that the absent	5571
voter's ballot in the sealed identification envelope is valid, it	5572
shall be counted. If the board of elections determines that the	5573
signature on the sealed identification envelope purporting to	5574
contain the elector's voted absent voter's ballot does not match	5575
the signature on the elector's registration formrecord, the	5576
ballot shall be set aside and the board shall examine, during the	5577
time prior to the beginning of the official canvass, the poll	5578
list or signature pollbook from the precinct in which the elector	5579
is registered to vote to determine if the elector also cast a	5580
provisional ballot under section 3505.181 of the Revised Code in	5581
that precinct on the day of the election.	5582

(2) The board of elections shall count the provisional	5583
ballot, instead of the absent voter's ballot, if both of the	5584
following apply:	5585

(a) The board of elections determines that the signature of	5586
the elector on the outside of the identification envelope in which	5587
the absent voter's ballots are enclosed does not match the	5588
signature of the elector on the elector's registration form;	5589

(b) The elector cast a provisional ballot in the precinct on	5590
the day of the election.	5591

(3) If the board of elections does not receive the sealed	5592
identification envelope purporting to contain the elector's voted	5593
absent voter's ballot by the applicable deadline established under	5594
section 3509.05 of the Revised Code, the provisional ballot cast	5595
under section 3505.181 of the Revised Code in that precinct on the	5596
day of the election shall be counted as valid, if that provisional	5597
ballot is otherwise determined to be valid pursuant to section	5598
3505.183 of the Revised Code.	5599

(D) If the board of elections counts a provisional ballot	5600
under division (C)(2) or (3) of this section, the returned	5601
identification envelope of that elector shall not be opened, and	5602
the ballot within that envelope shall not be counted. The	5603
identification envelope shall be endorsed "Not Counted" with the	5604
reason the ballot was not counted.	5605

Sec. 3511.02.  Notwithstanding any section of the Revised	5606
Code to the contrary, whenever any person applies for registration	5607
as a voter on a form adopted in accordance with federal	5608
regulations relating to the "Uniformed and Overseas Citizens	5609
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5610
this application shall be sufficient for voter registration and as	5611
a request for an absent voter's ballot. Armed service absent	5612
voter's ballots may be obtained by any person meeting the	5613
requirements of section 3511.01 of the Revised Code by applying to	5614
the director of the board of elections of the county in which the	5615
person's voting residence is located, in one of the following	5616
ways:	5617

(A) That person may make written application for those	5618
ballots. The person may personally deliver the application to the	5619
director or may mail it, send it by facsimile machine, send it by	5620
electronic mail, send it by other electronic means via the	5621
internet, or otherwise send it to the director. The application	5622
need not be in any particular form but shall contain all of the	5623
following information:	5624

(1) The elector's name;

5625

(2) The elector's signature or, if the application is	5626
transmitted electronically, an image of the elector's signature;	5627

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

5628

(4) The elector's date of birth;

5629

(5) One of the following, unless the elector is a first-time	5630
mail-in registrant:	5631

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

5632

(b) The last four digits of the elector's social security	5633
number;	5634

(c) A copy of the elector's current and valid photo	5635
identification, a copy of a military identification, or a copy of	5636
a current utility bill, bank statement, government check,	5637
paycheck, or other government document, other than a notice of	5638
an election mailed by a board of elections under section	5639
3501.19 of the Revised Code or a notice of voter registration	5640
mailed by a board of elections under section 3503.19 of the	5641
Revised Code, that shows the name and address of the elector	5642
identification.	5643

(6) A statement identifying the election for which absent	5644
voter's ballots are requested;	5645

(7) A statement that the person requesting the ballots is a	5646
qualified elector;	5647

(8) A statement that the elector is an absent uniformed	5648
services voter as defined in 42 U.S.C. 1973ff-6;	5649

(9) A statement of the elector's length of residence in the	5650
state immediately preceding the commencement of service or	5651
immediately preceding the date of leaving to be with or near the	5652
service member, whichever is applicable;	5653

(10) If the request is for primary election ballots, the	5654
elector's party affiliation;	5655

(11) If the elector desires ballots to be mailed to the	5656
elector, the address to which those ballots shall be mailed;	5657

(12) If the elector desires ballots to be sent to the elector	5658
by facsimile machine, the telephone number to which they shall be	5659
so sent;	5660

(13) If the elector is a first-time mail-in registrant, a	5661
copy of the elector's first-time mail-in registrant	5662
identification.	5663

(B) A voter or any relative of a voter listed in division (C)	5664
of this section may use a single federal post card application to	5665
apply for armed service absent voter's ballots for use at the	5666
primary and general elections in a given year and any special	5667
election to be held on the day in that year specified by division	5668
(E) of section 3501.01 of the Revised Code for the holding of a	5669
primary election, designated by the general assembly for the	5670
purpose of submitting constitutional amendments proposed by the	5671
general assembly to the voters of the state. A single federal	5672
postcard application shall be processed by the board of elections	5673
pursuant to section 3511.04 of the Revised Code the same as if the	5674
voter had applied separately for armed service absent voter's	5675
ballots for each election.	5676

(C) Application to have armed service absent voter's ballots	5677
mailed or, sent by facsimile machine, or otherwise sent to such a	5678
person may be made by the spouse when the person is a service	5679
member, or by the father, mother, father-in-law, mother-in-law,	5680
grandfather, grandmother, brother or sister of the whole blood or	5681
half blood, son, daughter, adopting parent, adopted child,	5682
stepparent, stepchild, uncle, aunt, nephew, or niece of such a	5683
person. The application shall be in writing upon a blank form	5684
furnished only by the director or on a single federal post card as	5685
provided in division (B) of this section. The form of the	5686
application shall be prescribed by the secretary of state. The	5687
director shall furnish that blank form to any of the relatives	5688
specified in this division desiring to make the application, only	5689
upon the request of such a relative made in person at the office	5690
of the board or upon the written request of such a relative	5691
mailed, sent by facsimile transmission, sent by electronic mail,	5692
or sent by other electronic means via the internet to the office	5693
of the board. The application, subscribed and sworn to by the	5694
applicant, shall contain all of the following:	5695

(1) The full name of the elector for whom ballots are	5696
requested;	5697

(2) A statement that the elector is an absent uniformed	5698
services voter as defined in 42 U.S.C. 1973ff-6;	5699

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

5700

(4) A statement identifying the elector's length of residence	5701
in the state immediately preceding the commencement of service, or	5702
immediately preceding the date of leaving to be with or near a	5703
service member, as the case may be;	5704

(5) The elector's date of birth;

5705

(6) One of the following, unless the individual is a	5706
first-time mail-in registrant:	5707

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

5708

(b) The last four digits of the elector's social security	5709
number;	5710

(c) A copy of the elector's current and valid photo	5711
identification, a copy of a military identification, or a copy of	5712
a current utility bill, bank statement, government check,	5713
paycheck, or other government document, other than a notice of	5714
an election mailed by a board of elections under section	5715
3501.19 of the Revised Code or a notice of voter registration	5716
mailed by a board of elections under section 3503.19 of the	5717
Revised Code, that shows the name and address of the elector	5718
identification.	5719

(7) A statement identifying the election for which absent	5720
voter's ballots are requested;	5721

(8) A statement that the person requesting the ballots is a	5722
qualified elector;	5723

(9) If the request is for primary election ballots, the	5724
elector's party affiliation;	5725

(10) A statement that the applicant bears a relationship to	5726
the elector as specified in division (C) of this section;	5727

(11) The address to which ballots shall be mailed or the	5728
telephone number to which ballots shall be sent by facsimile	5729
machine;	5730

(12) The signature or, if the application is transmitted	5731
electronically, an image of the signature and the address of the	5732
person making the application;	5733

(13) If the elector is a first-time mail-in registrant, a	5734
copy of the elector's first-time mail-in registrant	5735
identification.	5736

Each(D)(1) An elector who is eligible to vote armed service	5737
absent voter's ballots may make a single request for armed service	5738
absent voter's ballots for all elections at which the elector is	5739
eligible to vote during a calendar year. The application shall	5740
contain the information specified in division (A) of this section	5741
and also shall specify that the elector is requesting armed	5742
service absent voter's ballots for each election during that year.	5743
If the elector wishes to vote primary election ballots, the	5744
elector shall state the elector's party affiliation in the	5745
application.	5746

If an elector applies for annual armed service absent voter's	5747
ballots under this division, the application shall be processed by	5748
the board of elections pursuant to section 3511.04 of the Revised	5749
Code the same as if the elector had applied separately for armed	5750
service absent voter's ballots for each election during the	5751
applicable calendar year. Armed service absent voter's ballots	5752
shall be sent to the elector for use at each election during the	5753
applicable calendar year for which the elector is eligible to cast	5754
a ballot. When sending armed service absent voter's ballots to an	5755
elector who applied for them under this division, the board shall	5756
enclose notification to the elector that the elector must report	5757
to the board subsequent changes in the elector's voting status,	5758
changes in the elector's address, or the elector's intent to vote	5759
at a polling location in the jurisdiction in this state where the	5760
elector is registered to vote. Such notification shall be in a	5761
form prescribed by the secretary of state.	5762

If an armed service absent voter's ballot or any official	5763
response to an application for an annual armed service absent	5764
voter's ballot is returned undeliverable to the board of	5765
elections, the board shall attempt to contact the elector to	5766
verify the elector's mailing address using any available contact	5767
information in the elector's voter registration record including	5768
the elector's telephone number, facsimile transmission number, or	5769
electronic mail address. If the board is unable to contact the	5770
elector, the board shall not send armed service absent voter's	5771
ballots for any subsequent election to that elector until the	5772
elector submits another application and the information in that	5773
application is verified. The board shall remove from the poll list	5774
or signature pollbook any notation that the elector requested an	5775
armed service absent voter's ballot. The elector may cast a	5776
regular ballot if the elector appears to vote in person on the day	5777
of the election or the elector may cast an armed service absent	5778
voter's ballot in person before the day of the election at the	5779
board of elections or if pursuant to division (C) of section	5780
3501.10 of the Revised Code the board has designated one or more	5781
other locations in the county at which registered electors may	5782
cast an absent voter's ballot in person, at such other location.	5783

(2) Not later than the fifteenth day of December of each	5784
year, the board of elections shall send an application for annual	5785
armed service absent voter's ballots for the following calendar	5786
year to each person who requested annual armed service absent	5787
voter's ballots under division (D)(1) of this section for the	5788
current year. An elector who completes and returns such an	5789
application shall be eligible to receive annual armed service	5790
absent voter's ballots under division (D)(1) of this section for	5791
the applicable year.	5792

(E) Except for annual applications for armed service absent	5793
voter's ballots submitted under division (D)(2) of this section,	5794
each application for armed service absent voter's ballots shall be	5795
delivered to the director not earlier than the first day of	5796
January of the year of the elections for which the armed service	5797
absent voter's ballots are requested or not earlier than ninety	5798
days before the day of the election at which the ballots are to be	5799
voted, whichever is earlier, and not later than twelve noon of the	5800
third day preceding the day of the election, or not later than	5801
the close of regular business hours on the day before the day of	5802
the election at which those ballots are to be voted if the	5803
application is delivered in person to the office of the board.	5804

(D)(F) If the voter for whom the application is made is	5805
entitled to vote for presidential and vice-presidential electors	5806
only, the applicant shall submit to the director in addition to	5807
the requirements of divisions (A), (B), and (C) of this section,	5808
a statement to the effect that the voter is qualified to vote for	5809
presidential and vice-presidential electors and for no other	5810
offices.	5811

Sec. 3511.04.  (A) If a director of a board of elections	5812
receives an application for armed service absent voter's ballots	5813
that does not contain all of the required information, the	5814
director promptly shall notify the applicant, by whatever means of	5815
contact the applicant has provided on the application, of the	5816
additional information required to be provided by the applicant	5817
to complete that application. The applicant may provide the	5818
required information by mail, electronic mail, telephone, or	5819
facsimile transmission, through the internet, or in person at the	5820
office of the board of elections. If the application is missing a	5821
signature, the applicant may provide a signed statement that the	5822
applicant submitted the application. A signature provided on a	5823
signed statement under this division shall be considered the	5824
applicant's signature on the application for the purposes of	5825
processing an otherwise valid application for armed service absent	5826
voter's ballots. The secretary of state shall prescribe uniform	5827
standards for processing additional information by mail,	5828
electronic mail, telephone, facsimile transmission, through the	5829
internet, or in person at the office of the board of elections	5830
under this division.	5831

If the applicant provides the required information prior to	5832
the end of the period for voting by armed service absent voter's	5833
ballots at that election, the board shall promptly process the	5834
application and deliver armed service absent voter's ballots to	5835
the applicant.	5836

(B) NotSubject to section 3511.041 of the Revised Code, not	5837
later than the twenty-fifth day before the day of each	5838
presidential primary election and not later than the thirty-fifth	5839
day before the day of each general or other primary election, and	5840
at the earliest possible time before the day of a special election	5841
held on a day other than the day on which a general or primary	5842
election is held, the director of the board of elections shall	5843
mail or, send by facsimile machine, or otherwise send armed	5844
service absent voter's ballots then ready for use as provided for	5845
in section 3511.03 of the Revised Code and for which the director	5846
has received valid applications prior to that time. Thereafter,	5847
and until twelve noon of the third day preceding the day of	5848
election, the director shall promptly, upon receipt of valid	5849
applications for them, mail or, send by facsimile machine, or	5850
otherwise send to the proper persons all armed service absent	5851
voter's ballots then ready for use.	5852

If, after the sixtieth day before the day of a general or	5853
primary election, any other question, issue, or candidacy is	5854
lawfully ordered submitted to the electors voting at the general	5855
or primary election, the board shall promptly provide a separate	5856
official issue, special election, or other election ballot for	5857
submitting the question, issue, or candidacy to those electors,	5858
and the director shall promptly mail or, send by facsimile	5859
machine, or otherwise send each such separate ballot to each	5860
person to whom the director has previously mailed or, sent by	5861
facsimile machine, or otherwise sent other armed service absent	5862
voter's ballots.	5863

In mailing armed service absent voter's ballots, the director	5864
shall use the fastest mail service available, but the director	5865
shall not mail them by certified mail.	5866

Sec. 3511.041.  (A) An elections official of the county in	5867
which an elector applies to vote by armed service absent voter's	5868
ballots may challenge the right of the elector named on the	5869
application to receive armed service absent voter's ballots only	5870
on the following grounds:	5871

(1) That the person is not a resident of the precinct for	5872
which the person is applying to vote armed service absent voter's	5873
ballots;	5874

(2) That the person is not a citizen of the United States;

5875

(3) That the person is not eighteen years of age or older;

5876

(4) That the person is not a qualified elector for that	5877
election.	5878

Challenges shall be made only if the election official knows	5879
or reasonably believes that the person is not qualified and	5880
entitled to vote.	5881

(B) If an elector's armed service absent voter's ballot	5882
application is challenged, the application shall be kept with	5883
other challenged armed service absent voter's ballot applications.	5884

(C) Upon receipt of a challenged armed service absent voter's	5885
ballot application, the board of elections promptly shall review	5886
the board's records. If the board is able to determine that a	5887
challenge should be denied solely on the basis of the records	5888
maintained by the board, the board immediately shall vote to deny	5889
the challenge. If the board is unable to determine the outcome of	5890
the challenge solely on the basis of the records maintained by the	5891
board, the board shall notify the elector of the challenge to the	5892
elector's armed service absent voter's ballot application and	5893
shall provide an opportunity for the elector to respond to the	5894
challenge. The board of elections shall use the challenge and	5895
notification process established in section 3503.24 of the Revised	5896
Code, except that the board shall decide the challenge prior to	5897
the day of the election.	5898

(D) If the challenge is denied, an armed service absent	5899
voter's ballot shall promptly be sent to the elector requesting	5900
that ballot. If the board of elections upholds the challenge, the	5901
armed service absent voter's ballot application shall not be	5902
processed, no armed service absent voter's ballot shall be sent	5903
to the elector, and the elector shall be notified of the reason	5904
the elector will not receive an armed service absent voter's	5905
ballot.	5906

(E) No election official or other person may challenge the	5907
validity of an armed service absent voter's ballot that has been	5908
completed and returned by the voter under this section. The	5909
validity of such a ballot shall be determined under section	5910
3511.11 of the Revised Code, as applicable.	5911

Sec. 3511.05.  (A) The director of the board of elections	5912
shall place armed service absent voter's ballots sent by mail or	5913
other means in an unsealed identification envelope, gummed ready	5914
for sealing. The director shall include with armed service absent	5915
voter's ballots sent by facsimile machine an instruction sheet for	5916
preparing a gummedan envelope in which the ballots shall be	5917
returned. The envelope for returning ballots sent by either means	5918
shall have printed or written on its face a form substantially as	5919
follows:	5920

"Identification Envelope Statement of Voter	5921

I, ........................(Name of voter), declare under	5922
penalty of election falsification that the within ballot or	5923
ballots contained no voting marks of any kind when I received	5924
them, and I caused the ballot or ballots to be marked, enclosed in	5925
the identification envelope, and sealed in that envelope.	5926

My voting residence in Ohio is

5927

...................................................................	5928

(Street and Number, if any, or Rural Route and Number)	5929

of ................................ (City, Village, or Township)	5930
Ohio, which is in Ward ............... Precinct ................	5931
in that city, village, or township.	5932

The primary election ballots, if any, within this envelope	5933
areIf the election is a primary election, by requesting ballots	5934
of the ............. Party, I hereby declare that I desire to be	5935
affiliated with and support the above-named party.	5936

Ballots contained within this envelope are to be voted at the	5937
.......... (general, special, or primary) election to be held on	5938
the .......................... day of ......................, ....	5939

My date of birth is ............... (Month and Day),	5940
.......... (Year).	5941

(Voter must provide one of the following:)

5942

My Ohio driver's license number is ............... (Driver's	5943
Ohio driver's license number).	5944

The last four digits of my Social Security Number are	5945
............... (Last four digits of Social Security Number).	5946

...... In lieu of providing aan Ohio driver's license number	5947
or the last four digits of my Social Security Number, I am	5948
enclosing a copy of one of the following in the return envelope	5949
in which this identification envelope will be mailed: a current	5950
and valid photo identification or two current and valid items	5951
that list my name in a manner that substantially conforms to my	5952
name on the statewide voter registration database and that are	5953
from a nonprofit organization, an institution, a business, or a	5954
government entity. If I am a first-time voter who registered to	5955
vote by mail, did not provide identification when I registered to	5956
vote, and have not previously voted at a federal election in Ohio,	5957
I am enclosing a copy of a current and valid photo	5958
identification, a military identification, or a current utility	5959
bill, bank statement, government check, paycheck, or other	5960
government document, other than a notice of an election mailed by	5961
a board of elections under section 3501.19 of the Revised Code or	5962
a notice of voter registration mailed by a board of elections,	5963
that shows my name and address.	5964

I hereby declare, under penalty of election falsification,	5965
that the statements above are true, as I verily believe.	5966

			5967
	(Signature of Voter (required)		5968

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5969
THE FIFTH DEGREE."	5970

(B) Before delivering or sending the ballots, the director	5971
shall record the unique identification number located on the stub	5972
of the voter's ballot, the voter's name, and the voter's address,	5973
and shall cause the unique identification number to be copied on	5974
the outside of the identification envelope. The director shall	5975
also mailsend with the ballots and the unsealed identification	5976
envelope sent by mail or other means an unsealed return envelope,	5977
gummed, ready for sealing, for use by the voter in returning the	5978
voter's marked ballots to the director. The director shall send	5979
with the ballots and the instruction sheet for preparing a gummed	5980
an envelope sent by facsimile machine an instruction sheet for	5981
preparing a second gummed envelope as described in this division,	5982
for use by the voter in returning that voter's marked ballots to	5983
the director. The return envelope shall have two parallel lines,	5984
each one quarter of an inch in width, printed across its face	5985
paralleling the top, with an intervening space of one quarter of	5986
an inch between such lines. The top line shall be one and	5987
one-quarter inches from the top of the envelope. Between the	5988
parallel lines shall be printed:have printed on it "OFFICIAL	5989
ELECTION ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR- FIRST	5990
CLASS MAIL." Three blank lines shall be printed in the upper left	5991
corner on the face of the envelope for the use by the voter in	5992
placing the voter's complete military, naval, or mailing address	5993
on these lines, and beneath these lines there shall be printed a	5994
box beside the words "check if out-of-country." The voter shall	5995
check this box if the voter will be outside the United States on	5996
the day of the election. The official title and the post-office	5997
address of the director to whom the envelope shall be returned	5998
shall be printed on the face of such envelope in the lower right	5999
portion below the bottom parallel line.	6000

(C) On the back of each identification envelope and each	6001
return envelope shall be printed the following:	6002

"Instructions to voter:	6003

If the flap on this envelope is so firmly stuck to the back	6004
of the envelope when received by you as to require forcible	6005
opening in order to use it, open the envelope in the manner least	6006
injurious to it, and, after marking your ballots and enclosing	6007
same in the envelope for mailing them to the director of the board	6008
of elections, reclose the envelope in the most practicable way, by	6009
sealing or otherwise, and sign the blank form printed below.	6010

The flap on this envelope was firmly stuck to the back of the	6011
envelope when received, and required forced opening before sealing	6012
and mailing.	6013

			6014
	(Signature of voter)"		6015

(D) Division (C) of this section does not apply when absent	6016
voter's ballots are sent by facsimile machine.	6017

Sec. 3511.06.  The return envelope provided for in section	6018
3511.05 of the Revised Code shall be of such size that the	6019
identification envelope can be conveniently placed within it for	6020
returning the identification envelope to the director. The	6021
envelope in which the two envelopes and the armed service absent	6022
voter's ballots are mailed to the elector shall have two parallel	6023
lines, each one quarter of an inch in width, printed across its	6024
face, paralleling the top, with an intervening space of	6025
one-quarter of an inch between such lines. The top line shall be	6026
one and one-quarter inches from the top of the envelope. Between	6027
the parallel lines shall be printed on it: "official armed	6028
service absent voter's balloting material--via air mailOFFICIAL	6029
ARMED SERVICE ABSENT VOTER'S BALLOTING MATERIAL - FIRST CLASS	6030
MAIL." The appropriate return address of the director of the	6031
board of elections shall be printed in the upper left corner on	6032
the face of such envelope. Several blank lines shall be printed	6033
on the face of such envelope in the lower right portion, below	6034
the bottom parallel line, for writing in the name and address of	6035
the elector to whom such envelope is mailedsent.	6036

Sec. 3511.08.  The director of the board of elections shall	6037
keep a record of the name and address of each person to whom he	6038
the director mails, sends, or delivers armed service absent	6039
voter's ballots, the kinds of ballots so mailed, sent, or	6040
delivered, and the name and address of the person who made the	6041
application for suchthose ballots. After hethe director has	6042
mailed, sent, or delivered such ballots hethe director shall not	6043
mail, send, or deliver additional ballots of the same kind to such	6044
person pursuant to a subsequent request unless such subsequent	6045
request contains the statement that an earlier request had been	6046
sent to the director prior to the thirtieth day before the	6047
election and that the armed service absent voter's ballots so	6048
requested had not been received by such person prior to the	6049
fifteenth day before the election, and provided that the director	6050
has not received an identification envelope purporting to contain	6051
marked armed service absent voter's ballots from such person.	6052

Sec. 3511.09. (A) When an elector receives an armed service	6053
absent voter's ballot pursuant to the elector's application or	6054
request, the elector shall, before placing any marks on the	6055
ballot, note whether there are any voting marks on it. If there	6056
are any voting marks, the ballot shall be returned immediately to	6057
the board of elections; otherwise, the elector shall cause the	6058
ballot to be marked, folded in a manner that the stub on it is	6059
visible, and placed and sealed within the identification envelope	6060
received from the director of elections for that purpose. Then,	6061
the elector shall cause the statement of voter on the outside of	6062
the identification envelope to be completed, under penalty of	6063
election falsification.	6064

Unless the elector is a first-time mail-in registrant, the	6065
elector shall provide the elector's Ohio driver's license number	6066
or the last four digits of the elector's social security number on	6067
the statement of voter on the identification envelope. If the	6068
elector does not provide the elector's Ohio driver's license	6069
number or the last four digits of the elector's social security	6070
number on the statement of voter, the elector shall include in the	6071
return envelope with the identification envelope a copy of the	6072
elector's identification. If the elector is a first-time mail-in	6073
registrant, the elector shall include a copy of the elector's	6074
first-time mail-in registrant identification.	6075

The elector shall mail the identification envelope to the	6076
director from whom it was received in the return envelope, postage	6077
prepaid, or the elector may personally deliver it to the director,	6078
or the spouse of the elector, the father, mother, father—in—law,	6079
mother—in—law, grandfather, grandmother, brother, or sister of the	6080
whole or half blood, or the son, daughter, adopting parent,	6081
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	6082
niece of the elector may deliver it to the director. If the	6083
elector is returning the armed service absent voter's ballots from	6084
outside the United States, the elector may return those ballots to	6085
the director by mail, commercial delivery service, personal	6086
delivery, or delivery by a family member. The return envelope	6087
shall be transmitted to the director in no other manner, except as	6088
provided in section 3509.08 of the Revised Code.	6089

Each elector who will be outside the United States on the day	6090
of the election shall check the box on the return envelope	6091
indicating this fact.	6092

Sec. 3511.10.  If, after the thirty-fifth day and before the	6093
close of the polls on the day of a general or primary election, a	6094
valid application for armed service absent voter's ballots is	6095
delivered to the director of the board of elections at the office	6096
of the board by a person making the application in hison the	6097
person's own behalf, the director shall forthwith deliver to the	6098
person all armed service absent voter's ballots then ready for	6099
use, together with an identification envelope. The person shall	6100
then immediately retire to a voting booth in the office of the	6101
board, and mark the ballots. HeThe person shall then fold each	6102
ballot separately so as to conceal histhe person's markings	6103
thereon, and deposit all of the ballots in the identification	6104
envelope and securely seal it. Thereupon hethe person shall fill	6105
in answers to the questions on the face of the identification	6106
envelope, and by writing histhe person's usual signature in the	6107
proper place thereon, hethe person shall declare under penalty of	6108
election falsification that the answers to those questions are	6109
true and correct to the best of histhat person's knowledge and	6110
belief. HeThe person shall then deliver the identification	6111
envelope to the director. If thereafter, and before the third day	6112
preceding such election, the board provides additional separate	6113
official issue or special election ballots, as provided for in	6114
section 3511.04 of the Revised Code, the director shall promptly,	6115
and not later than twelve noon of the third day preceding the day	6116
of election, mail or otherwise send such additional ballots to	6117
such person at the address specified by himthat person for that	6118
purpose.	6119

In the event any person serving in the armed forces of the	6120
United States is discharged after the closing date of	6121
registration, and hethat person or histhat person's spouse, or	6122
both, meets all the other qualifications set forth in section	6123
3511.01 of the Revised Code, he or shethe person or spouse shall	6124
be permitted to vote prior to the date of the election in the	6125
office of the board in histhe person's or spouse's county, as set	6126
forth in this section.	6127

Sec. 3511.11.  (A) Upon receipt of any return envelope	6128
bearing the designation "Official Election Armed Service Absent	6129
Voter's Ballot" prior to the twenty-first day after the day of a	6130
presidential primary election or prior to the eleventh day after	6131
the day of any other election, the directora bipartisan team	6132
consisting of employees of the board of elections shall inspect	6133
the postmark and verify the date the board received the armed	6134
service absent voter's ballot. If either the postmark, if	6135
applicable, or the date of receipt do not meet the applicable	6136
deadlines for that election established in division (C) or (D) of	6137
this section, the ballot shall not be counted. The identification	6138
envelope shall not be opened, and it shall be endorsed "not	6139
counted" with the reasons the ballot was not counted.	6140

If the postmark, if applicable, and the date of receipt for a	6141
return envelope purporting to contain voted armed service absent	6142
voter's ballots meets the applicable deadlines for that election	6143
established in division (C) or (D) of this section, the bipartisan	6144
team shall open it but shall not open the identification envelope	6145
contained in it. If, upon so opening the return envelope, the	6146
directorbipartisan team finds ballots in it that are not	6147
enclosed in and properly sealed in the identification envelope,	6148
the directorbipartisan team shall not look at the markings upon	6149
the ballots and shall promptly place them in the identification	6150
envelope and promptly seal it. If, upon so opening the return	6151
envelope, the directorbipartisan team finds that ballots are	6152
enclosed in the identification envelope but that it is not	6153
properly sealed, the directorbipartisan team shall not look at	6154
the markings upon the ballots and shall promptly seal the	6155
identification envelope.	6156

(B) Armed service absent voter's ballots delivered to the	6157
director not later than the close of the polls on election day	6158
shall be processed and counted in the manner provided in division	6159
(F) of this section 3509.06 of the Revised Code.	6160

(C) A return envelope that indicates that the voter will be	6161
outside of the United States on the day of an election is not	6162
required to be postmarked in order for an armed service absent	6163
voter's ballot contained in it to be valid. Except as otherwise	6164
provided in this division, whether or not the return envelope	6165
containing the ballot is postmarked or contains an illegible	6166
postmark, an armed service absent voter's ballot that is received	6167
after the close of the polls on election day through the tenth day	6168
after the election day or, if the election was a presidential	6169
primary election, through the twentieth day after the election	6170
day, and that is delivered in a return envelope that indicates	6171
that the voter will be outside the United States on the day of the	6172
election shall be counted on the eleventh day after the election	6173
day or, if the election was a presidential primary election, on	6174
the twenty-first day after the election day, at the office of the	6175
board of elections in the manner provided in divisions (C) and (D)	6176
division (F) of this section 3509.06 of the Revised Code. However,	6177
if a return envelope containing an armed service absent voter's	6178
ballot is so received and so indicates, but it is postmarked, or	6179
the identification envelope in it is signed, after the close of	6180
the polls on election day, the armed service absent voter's ballot	6181
shall not be counted. The identification envelope shall not be	6182
opened and it shall be endorsed "not counted" with the reasons the	6183
ballot was not counted.	6184

(D)(1) Except as otherwise provided in division (D)(2) of	6185
this section, any return envelope containing an armed service	6186
absent voter's ballot that is postmarked within the United States	6187
prior to the day of the election shall be delivered to the	6188
director prior to the eleventh day after the election. Armed	6189
service absent voter's ballots delivered in envelopes postmarked	6190
prior to the day of the election that are received after the close	6191
of the polls on election day through the tenth day thereafter	6192
shall be counted on the eleventh day at the board of elections in	6193
the manner provided in divisions (C) and (D)division (F) of this	6194
section 3509.06 of the Revised Code. Any such ballotsballot that	6195
areis received by the director later than the tenth day	6196
following the election shall not be counted, but shall be kept by	6197
the board in the sealed identification envelopesenvelope as	6198
provided in division (A) of this section. The identification	6199
envelope shall not be opened and it shall be endorsed "not	6200
counted" with the reasons the ballot was not counted.	6201

(2) Division (D)(1) of this section shall not apply to any	6202
mail that is postmarked using a postage evidencing system,	6203
including a postage meter, as defined in 39 C.F.R. 501.1.	6204

(E) The following types of armed service absent voter's	6205
ballots shall not be counted:	6206

(1) Armed service absent voter's ballots contained in return	6207
envelopes that bear the designation "Official Election Armed	6208
Service Absent Voter's Ballots," that are received by the director	6209
after the close of the polls on the day of the election, and that	6210
either are postmarked, or contain an identification envelope that	6211
is signed, on or after election day;	6212

(2) Armed service absent voter's ballots contained in return	6213
envelopes that bear that designation, that do not indicate they	6214
are from voters who will be outside the United States on the day	6215
of the election, and that are received after the tenth day	6216
following the election or, if the election was a presidential	6217
primary election, after the twentieth day following the election;	6218

(3) Armed service absent voter's ballots contained in return	6219
envelopes that bear that designation, that are received by the	6220
director within ten days after the day of the election, and that	6221
were postmarked before the day of the election using a postage	6222
evidencing system, including a postage meter, as defined in 39	6223
C.F.R. 501.1.	6224

The uncounted ballots shall be preserved in their	6225
identification envelopes unopened until the time provided by	6226
section 3505.31 of the Revised Code for the destruction of all	6227
other ballots used at the election for which ballots were	6228
provided, at which time they shall be destroyed.The board of	6229
elections shall appoint special election judges for the purpose of	6230
processing and counting armed service absent voter's ballots. The	6231
votes so cast shall be added to the vote totals by the board, and	6232
the armed service absent voter's ballots shall be preserved	6233
separately by the board, in the same manner and for the same	6234
length of time as provided by section 3505.31 of the Revised Code.	6235

(F)(1) Each of the identification envelopes purporting to	6236
contain armed service absent voter's ballots delivered to the	6237
special judge appointed by the board of elections shall be	6238
processed and counted as follows:	6239

(a) The election officials shall inspect the statement	6240
accompanying an armed service absent voter's ballot to determine	6241
if the voter's signature has been provided.	6242

(b) The election officials shall compare the signature of the	6243
voter as provided on the statement accompanying the armed service	6244
absent voter's ballot with the signature contained in the voter	6245
registration records.	6246

(c) If the election officials find that the voter's signature	6247
has been provided and that the voter is registered and eligible to	6248
cast a ballot in the election, the election officials shall open	6249
the envelope and determine if the stub is attached to or enclosed	6250
with the ballot. If the stub is attached to or enclosed with the	6251
ballot, the election officials shall count that ballot not	6252
earlier than the day of the election. If the stub is not attached	6253
to or enclosed with the ballot, the armed service absent voter's	6254
ballot shall not be counted. The ballot shall be placed in its	6255
accompanying identification envelope, which shall be endorsed	6256
"not counted" with the reasons the ballot was not counted.	6257

(d) If the election officials find that voter did not sign	6258
the statement of voter on the identification envelope or if the	6259
election officials are unable to determine the identity of the	6260
voter who returned the ballot, the election officials shall use	6261
any information provided on the identification envelope or, if	6262
necessary, cross-reference the unique stub number placed on the	6263
identification envelope with the registration records to identify	6264
the voter for notification under division (J) of this section.	6265

(e) If the voter did not sign the statement of voter on the	6266
identification envelope and if the voter fails to correct that	6267
defect within ten days after the day of the election in accordance	6268
with division (J) of this section, or if the election officials	6269
find that the voter is not registered or not eligible to cast a	6270
ballot in the election, the voter's armed service absent voter's	6271
ballot shall not be counted. The identification envelope shall not	6272
be opened and it shall be endorsed "not counted" with the reasons	6273
the ballot was not counted.	6274

(2) The board of elections may process armed service absent	6275
voter's ballots under division (F)(1) of this section during the	6276
ten days prior to the day of an election but shall not reveal or	6277
cause to be revealed the marks on any ballots. The board shall not	6278
count any armed service absent voter's ballot prior to the day of	6279
the election.	6280

(3) Any ballots that are not eligible to be counted under	6281
division (F)(1)(c) or (e) of this section shall be preserved in	6282
their identification envelopes until the time provided by section	6283
3505.31 of the Revised Code for the destruction of all other	6284
ballots used at the election for which ballots were provided, at	6285
which time they shall be destroyed.	6286

(G) The registration record of each person voting an armed	6287
service absent voter's ballot shall be marked to indicate that the	6288
person has voted. The date of such election shall also be entered	6289
on the elector's registration record.	6290

(H) Special election judges, employees or members of the	6291
board of elections, or observers shall not disclose the count or	6292
any portion of the count of armed service absent voter's ballots	6293
prior to the time of the closing of the polling places. No person	6294
shall recklessly disclose the count or any portion of the count of	6295
armed service absent voter's ballots in such a manner as to	6296
jeopardize the secrecy of any individual ballot.	6297

(I) Observers may be appointed under section 3505.21 of the	6298
Revised Code to witness the processing of identification envelopes	6299
and the counting of armed service absent voters' ballots under	6300
this section.	6301

(J)(1) If the voter did not sign the statement of voter on	6302
the identification envelope or if the election officials are	6303
unable to determine the identity of the voter who returned the	6304
ballot, the board of elections shall notify the voter, by whatever	6305
means of contact the voter has provided on the identification	6306
envelope or using any available contact information in the voter's	6307
registration record, of the defect and request the voter to verify	6308
the voter's identity for the purpose of processing that armed	6309
service absent voter's ballot.	6310

(2) The voter may verify that the voter was the person who	6311
returned the armed service absent voter's ballot in any of the	6312
following ways:	6313

(a) By confirming by mail, electronic mail, telephone, or	6314
facsimile transmission, or through the internet the voter's date	6315
of birth and residence address in a manner that substantially	6316
conforms with the records of the board of elections;	6317

(b) By providing a statement by mail, electronic mail, or	6318
facsimile transmission, or through the internet that the voter	6319
submitted the ballot and by attaching the voter's signature to	6320
that statement. A signature attached to a statement made under	6321
this division shall be considered the voter's signature on the	6322
identification envelope for the purposes of verifying the validity	6323
of that ballot.	6324

(c) By appearing in person at the office of the board of	6325
elections and signing the identification envelope.	6326

(3) The secretary of state shall prescribe uniform standards	6327
for processing additional information by mail, electronic mail,	6328
telephone, facsimile transmission, through the internet, or in	6329
person at the office of the board of elections under division (J)	6330
of this section.	6331

(4) If the voter provides the required information within ten	6332
days after the day of the election, the election officials shall	6333
complete the processing of the armed service absent voter's ballot	6334
under division (F) of this section in the same manner as if that	6335
information had been included on the statement of voter at the	6336
time the ballot was returned.	6337

(K) As used in this section, "bipartisan team" and	6338
"processing" a ballot have the same meanings as in section 3509.06	6339
of the Revised Code.	6340

Sec. 3511.13. (A) The poll list or signature pollbook for	6341
each precinct shall identify each registered elector in that	6342
precinct who has requested an armed service absent voter's ballot	6343
for that election.	6344

(B)(1) If a registered elector appears to vote in that	6345
precinct and that elector has requested an armed service absent	6346
voter's ballot for that election but the director has not received	6347
a sealed identification envelope purporting to contain that	6348
elector's voted armed service absent voter's ballots for that	6349
election, the elector shall be permitted to cast a provisional	6350
ballot under section 3505.181 of the Revised Code in that precinct	6351
on the day of that election.	6352

(2) If a registered elector appears to vote in that precinct	6353
and that elector has requested an armed service absent voter's	6354
ballot for that election and the director has received a sealed	6355
identification envelope purporting to contain that elector's voted	6356
armed service absent voter's ballots for that election, the	6357
elector shall be permitted to cast a provisional ballot under	6358
section 3505.181 of the Revised Code in that precinct on the day	6359
of that election.	6360

(C)(1) In processing and counting armed service absent	6361
voter's ballots under section 3511.11 of the Revised Code, the	6362
board of elections shall compare the signature of each elector	6363
from whom the director has received a sealed identification	6364
envelope purporting to contain that elector's voted armed service	6365
absent voter's ballots for that election to the signature on the	6366
elector's registration formrecord. Except as otherwise provided	6367
in division (C)(3) of this section, if the board of elections	6368
determines that the armed service absent voter's ballot in the	6369
sealed identification envelope is valid, it shall be counted. If	6370
the board of elections determines that the signature on the	6371
sealed identification envelope purporting to contain the	6372
elector's voted armed service absent voter's ballot does not	6373
match the signature on the elector's registration formrecord,	6374
the ballot shall be set aside and the board shall examine, during	6375
the time prior to the beginning of the official canvass, the poll	6376
list or signature pollbook from the precinct in which the elector	6377
is registered to vote to determine if the elector also cast a	6378
provisional ballot under section 3505.181 of the Revised Code in	6379
that precinct on the day of the election.	6380

(2) The board of elections shall count the provisional	6381
ballot, instead of the armed service absent voter's ballot, of an	6382
elector from whom the director has received an identification	6383
envelope purporting to contain that elector's voted armed service	6384
absent voter's ballots, if both of the following apply:	6385

(a) The board of elections determines that the signature of	6386
the elector on the outside of the identification envelope in which	6387
the armed service absent voter's ballots are enclosed does not	6388
match the signature of the elector on the elector's registration	6389
form;	6390

(b) The elector cast a provisional ballot in the precinct on	6391
the day of the election.	6392

(3) If the board of elections does not receive the sealed	6393
identification envelope purporting to contain the elector's voted	6394
armed service absent voter's ballot by the applicable deadline	6395
established under section 3511.11 of the Revised Code, the	6396
provisional ballot cast under section 3505.181 of the Revised Code	6397
in that precinct on the day of the election shall be counted as	6398
valid, if that provisional ballot is otherwise determined to be	6399
valid pursuant to section 3505.183 of the Revised Code.	6400

(D) If the board of elections counts a provisional ballot	6401
under division (C)(2) or (3) of this section, the returned	6402
identification envelope of that elector shall not be opened, and	6403
the ballot within that envelope shall not be counted. The	6404
identification envelope shall be endorsed "Not Counted" with the	6405
reason the ballot was not counted.	6406

Sec. 3513.05.  Each person desiring to become a candidate for	6407
a party nomination or for election to an office or position to be	6408
voted for at a primary election, except persons desiring to become	6409
joint candidates for the offices of governor and lieutenant	6410
governor and except as otherwise provided in section 3513.051 of	6411
the Revised Code, shall, not later than four p.m. of the	6412
seventy-fifth day before the day of the primary election, or if	6413
the primary election is a presidential primary election, not later	6414
than four p.m. of the sixtieth day before the day of the	6415
presidential primary election, file a declaration of candidacy and	6416
petition and pay the fees required under divisions (A) and (B) of	6417
section 3513.10 of the Revised Code. The declaration of candidacy	6418
and all separate petition papers shall be filed at the same time	6419
as one instrument. When the offices are to be voted for at a	6420
primary election, persons desiring to become joint candidates for	6421
the offices of governor and lieutenant governor shall, not later	6422
than four p.m. of the seventy-fifth day before the day of the	6423
primary election, comply with section 3513.04 of the Revised Code.	6424
The prospective joint candidates' declaration of candidacy and all	6425
separate petition papers of candidacies shall be filed at the same	6426
time as one instrument. The secretary of state or a board of	6427
elections shall not accept for filing a declaration of candidacy	6428
and petition of a person seeking to become a candidate if that	6429
person, for the same election, has already filed a declaration of	6430
candidacy or a declaration of intent to be a write-in candidate,	6431
or has become a candidate by the filling of a vacancy under	6432
section 3513.30 of the Revised Code for any federal, state, or	6433
county office, if the declaration of candidacy is for a state or	6434
county office, or for any municipal or township office, if the	6435
declaration of candidacy is for a municipal or township office.	6436

If the declaration of candidacy declares a candidacy which is	6437
to be submitted to electors throughout the entire state, the	6438
petition, including a petition for joint candidates for the	6439
offices of governor and lieutenant governor, shall be signed by at	6440
least one thousand qualified electors who are members of the same	6441
political party as the candidate or joint candidates, and the	6442
declaration of candidacy and petition shall be filed with the	6443
secretary of state; provided that the secretary of state shall not	6444
accept or file any such petition appearing on its face to contain	6445
signatures of more than three thousand electors.	6446

Except as otherwise provided in this paragraph, if the	6447
declaration of candidacy is of one that is to be submitted only to	6448
electors within a district, political subdivision, or portion	6449
thereof, the petition shall be signed by not less than fifty	6450
qualified electors who are members of the same political party as	6451
the political party of which the candidate is a member. If the	6452
declaration of candidacy is for party nomination as a candidate	6453
for member of the legislative authority of a municipal corporation	6454
elected by ward, the petition shall be signed by not less than	6455
twenty-five qualified electors who are members of the political	6456
party of which the candidate is a member.	6457

No such petition, except the petition for a candidacy that is	6458
to be submitted to electors throughout the entire state, shall be	6459
accepted for filing if it appears to contain on its face	6460
signatures of more than three times the minimum number of	6461
signatures. When a petition of a candidate has been accepted for	6462
filing by a board of elections, the petition shall not be deemed	6463
invalid if, upon verification of signatures contained in the	6464
petition, the board of elections finds the number of signatures	6465
accepted exceeds three times the minimum number of signatures	6466
required. A board of elections may discontinue verifying	6467
signatures on petitions when the number of verified signatures	6468
equals the minimum required number of qualified signatures.	6469

If the declaration of candidacy declares a candidacy for	6470
party nomination or for election as a candidate of an intermediate	6471
ora minor party, the minimum number of signatures on such	6472
petition is one-half the minimum number provided in this section,	6473
except that, when the candidacy is one for election as a member of	6474
the state central committee or the county central committee of a	6475
political party, the minimum number shall be the same for an	6476
intermediate ora minor party as for a major party.	6477

If a declaration of candidacy is one for election as a member	6478
of the state central committee or the county central committee of	6479
a political party, the petition shall be signed by five qualified	6480
electors of the district, county, ward, township, or precinct	6481
within which electors may vote for such candidate. The electors	6482
signing such petition shall be members of the same political party	6483
as the political party of which the candidate is a member.	6484

For purposes of signing or circulating a petition of	6485
candidacy for party nomination or election, an elector is	6486
considered to be a member of a political party if the elector	6487
voted in that party's primary election within the preceding two	6488
calendar years, or if the elector did not vote in any other	6489
party's primary election within the preceding two calendar years.	6490

If the declaration of candidacy is of one that is to be	6491
submitted only to electors within a county, or within a district	6492
or subdivision or part thereof smaller than a county, the petition	6493
shall be filed with the board of elections of the county. If the	6494
declaration of candidacy is of one that is to be submitted only to	6495
electors of a district or subdivision or part thereof that is	6496
situated in more than one county, the petition shall be filed with	6497
the board of elections of the county within which the major	6498
portion of the population thereof, as ascertained by the next	6499
preceding federal census, is located.	6500

A petition shall consist of separate petition papers, each of	6501
which shall contain signatures of electors of only one county.	6502
Petitions or separate petition papers containing signatures of	6503
electors of more than one county shall not thereby be declared	6504
invalid. In case petitions or separate petition papers containing	6505
signatures of electors of more than one county are filed, the	6506
board shall determine the county from which the majority of	6507
signatures came, and only signatures from such county shall be	6508
counted. Signatures from any other county shall be invalid.	6509

Each separate petition paper shall be circulated by one	6510
person only, who shall be the candidate or a joint candidate or a	6511
member of the same political party as the candidate or joint	6512
candidates, and each separate petition paper shall be governed by	6513
the rules set forth in section 3501.38 of the Revised Code.	6514

The secretary of state shall promptly transmit to each board	6515
such separate petition papers of each petition accompanying a	6516
declaration of candidacy filed with the secretary of state as	6517
purport to contain signatures of electors of the county of such	6518
board. The board of the most populous county of a district shall	6519
promptly transmit to each board within such district such separate	6520
petition papers of each petition accompanying a declaration of	6521
candidacy filed with it as purport to contain signatures of	6522
electors of the county of each such board. The board of a county	6523
within which the major portion of the population of a subdivision,	6524
situated in more than one county, is located, shall promptly	6525
transmit to the board of each other county within which a portion	6526
of such subdivision is located such separate petition papers of	6527
each petition accompanying a declaration of candidacy filed with	6528
it as purport to contain signatures of electors of the portion of	6529
such subdivision in the county of each such board.	6530

All petition papers so transmitted to a board and all	6531
petitions accompanying declarations of candidacy filed with a	6532
board shall, under proper regulations, be open to public	6533
inspection until four p.m. of the seventieth day before the day of	6534
the next primary election, or if that next primary election is a	6535
presidential primary election, the fifty-fifth day before that	6536
presidential primary election. Each board shall, not later than	6537
the sixty-eighth day before the day of that primary election, or	6538
if the primary election is a presidential primary election, not	6539
later than the fifty-third day before such presidential primary	6540
election, examine and determine the validity or invalidity of the	6541
signatures on the petition papers so transmitted to or filed with	6542
it and shall return to the secretary of state all petition papers	6543
transmitted to it by the secretary of state, together with its	6544
certification of its determination as to the validity or	6545
invalidity of signatures thereon, and shall return to each other	6546
board all petition papers transmitted to it by such board,	6547
together with its certification of its determination as to the	6548
validity or invalidity of the signatures thereon. All other	6549
matters affecting the validity or invalidity of such petition	6550
papers shall be determined by the secretary of state or the board	6551
with whom such petition papers were filed.	6552

Protests against the candidacy of any person filing a	6553
declaration of candidacy for party nomination or for election to	6554
an office or position, as provided in this section, may be filed	6555
by any qualified elector who is a member of the same political	6556
party as the candidate and who is eligible to vote at the primary	6557
election for the candidate whose declaration of candidacy the	6558
elector objects to, or by the controlling committee of that	6559
political party. The protest shall be in writing, and shall be	6560
filed not later than four p.m. of the sixty-fourth day before the	6561
day of the primary election, or if the primary election is a	6562
presidential primary election, not later than four p.m. of the	6563
forty-ninth day before the day of the presidential primary	6564
election. The protest shall be filed with the election officials	6565
with whom the declaration of candidacy and petition was filed.	6566
Upon the filing of the protest, the election officials with whom	6567
it is filed shall promptly fix the time for hearing it, and shall	6568
forthwith mail notice of the filing of the protest and the time	6569
fixed for hearing to the person whose candidacy is so protested.	6570
They shall also forthwith mail notice of the time fixed for such	6571
hearing to the person who filed the protest. At the time fixed,	6572
such election officials shall hear the protest and determine the	6573
validity or invalidity of the declaration of candidacy and	6574
petition. If they find that such candidate is not an elector of	6575
the state, district, county, or political subdivision in which the	6576
candidate seeks a party nomination or election to an office or	6577
position, or has not fully complied with this chapter, the	6578
candidate's declaration of candidacy and petition shall be	6579
determined to be invalid and shall be rejected; otherwise, it	6580
shall be determined to be valid. That determination shall be	6581
final.	6582

A protest against the candidacy of any persons filing a	6583
declaration of candidacy for joint party nomination to the offices	6584
of governor and lieutenant governor shall be filed, heard, and	6585
determined in the same manner as a protest against the candidacy	6586
of any person filing a declaration of candidacy singly.	6587

The secretary of state shall, on the sixtieth day before the	6588
day of a primary election, or if the primary election is a	6589
presidential primary election, on the forty-fifth day before the	6590
day of the presidential primary election, certify to each board in	6591
the state the forms of the official ballots to be used at the	6592
primary election, together with the names of the candidates to be	6593
printed on the ballots whose nomination or election is to be	6594
determined by electors throughout the entire state and who filed	6595
valid declarations of candidacy and petitions.	6596

The board of the most populous county in a district comprised	6597
of more than one county but less than all of the counties of the	6598
state shall, on the sixtieth day before the day of a primary	6599
election, or if the primary election is a presidential primary	6600
election, on the forty-fifth day before the day of a presidential	6601
primary election, certify to the board of each county in the	6602
district the names of the candidates to be printed on the official	6603
ballots to be used at the primary election, whose nomination or	6604
election is to be determined only by electors within the district	6605
and who filed valid declarations of candidacy and petitions.	6606

The board of a county within which the major portion of the	6607
population of a subdivision smaller than the county and situated	6608
in more than one county is located shall, on the sixtieth day	6609
before the day of a primary election, or if the primary election	6610
is a presidential primary election, on the forty-fifth day before	6611
the day of a presidential primary election, certify to the board	6612
of each county in which a portion of that subdivision is located	6613
the names of the candidates to be printed on the official ballots	6614
to be used at the primary election, whose nomination or election	6615
is to be determined only by electors within that subdivision and	6616
who filed valid declarations of candidacy and petitions.	6617

Sec. 3513.19.  (A) It is the duty of any judge of elections,	6618
whenever any judge of elections doubts that a person attempting to	6619
vote at a primary election is legally entitled to vote at that	6620
election, to challenge the right of that person to vote. The right	6621
of aAny person offering to vote at a primary election may be	6622
challenged uponat the polling place by any judge of elections on	6623
any of the following grounds:	6624

(1) That the person whose right to vote is challenged is not	6625
a legally qualified elector;	6626

(2) That the person has received or has been promised some	6627
valuable reward or consideration for the person's vote;	6628

(3)That the person is not a citizen of the United States;

6629

(2) That the person is not a resident of the precinct in	6630
which the person offers to vote;	6631

(3) That the person is not eighteen years of age or older;

6632

(4) That the person is not a qualified elector for that	6633
election;	6634

(5) That the person is not affiliated with or is not a member	6635
of the political party whose ballot the person desires to vote.	6636
SuchChallenges shall be made only if the challenger knows or	6637
reasonably believes that the challenged elector is not qualified	6638
and entitled to vote.	6639

If the board of elections has ruled on the question presented	6640
by a challenge prior to election day, its finding and decision	6641
shall be final, the presiding judge shall be notified in writing,	6642
and the judges of elections shall not challenge the elector on	6643
that ground. If any person is challenged as unqualified to vote,	6644
the presiding judge shall tender the person the following oath:	6645
"You do swear or affirm under penalty of election falsification	6646
that you will fully and truly answer all of the following	6647
questions put to you concerning your qualifications as an elector	6648
at this election."	6649

(B) If the person is challenged as unqualified on the ground	6650
that the person is not a citizen, the judges shall put the	6651
question: "Are you a citizen of the United States?"	6652

If the person answers in the affirmative, the challenge shall	6653
be denied. If the judges are unable to verify the person's	6654
eligibility to cast a ballot in the election, the judges shall	6655
provide to the person, and the person may vote, a provisional	6656
ballot under section 3505.181 of the Revised Code.	6657

(C) If the person is challenged as unqualified on the ground	6658
that the person is not a resident of the precinct where the	6659
person offers to vote, the judges shall put the following	6660
questions:	6661

(1) Do you reside in this precinct?

6662

(2) When did you move into this precinct?

6663

(3) When you came into this precinct, did you come for a	6664
temporary purpose merely or for the purpose of making it your	6665
home?	6666

(4) What is your current mailing address?

6667

(5) Do you have some official identification containing your	6668
current address in this precinct? Please provide that	6669
identification.	6670

(6) Have you voted or attempted to vote at any other location	6671
in this or in any other state at this election?	6672

(7) Have you applied for any absent voter's ballot in any	6673
state for this election?	6674

The judges shall direct an individual who is not in the	6675
appropriate polling place to the appropriate polling place. If the	6676
individual refuses to go to the appropriate polling place, or if	6677
the judges are unable to verify the person's eligibility to cast a	6678
ballot in the election, the judges shall provide to the person,	6679
and the person may vote, a provisional ballot under section	6680
3505.181 of the Revised Code.	6681

(D) If the person is challenged as unqualified on the ground	6682
that the person is not of legal voting age, the judges shall put	6683
the following questions:	6684

(1) Are you eighteen years of age or more?

6685

(2) What is your date of birth?

6686

(3) Do you have some official identification verifying your	6687
age? Please provide that identification.	6688

If the judges are unable to verify the person's age and	6689
eligibility to cast a ballot in the election, the judges shall	6690
provide to the person, and the person may vote, a provisional	6691
ballot under section 3505.181 of the Revised Code.	6692

(E) If the person is challenged as unqualified on the ground	6693
that the person is not a qualified elector for the applicable	6694
election, the judges shall put the following questions:	6695

(1) Have you resided in this state for thirty days	6696
immediately preceding the day of this election? If so, where have	6697
you resided?	6698

(2) Did you properly register to vote?

6699

(3) Can you provide some form of identification containing	6700
your current mailing address in this precinct? Please provide that	6701
identification.	6702

(4) Have you voted or attempted to vote at any other location	6703
in this or in any other state at this election?	6704

(5) Have you applied for an absent voter's ballot in any	6705
state for this election?	6706

If the judges are unable to verify the person's eligibility	6707
to cast a ballot in the election, the judges shall provide to the	6708
person, and the person may vote, a provisional ballot under	6709
section 3505.181 of the Revised Code.	6710

(F) If the person is challenged as unqualified on the ground	6711
that the person is not affiliated with or is not a member of the	6712
political party whose ballot the person has requested, the	6713
person's party affiliation shall be determined by examining the	6714
elector's voting record for the current year andin the	6715
immediately preceding two calendar years as shown on the voter's	6716
registration card, using the standards of affiliation specified	6717
in the seventh paragraph of section 3513.05 of the Revised Code	6718
record. Division (A)(3) of this section and the seventh paragraph	6719
of section 3513.05 of the Revised Code do not prohibit a person	6720
who holds an elective office for which candidates are nominated	6721
at a party primary election from doing any of the following:	6722

(a) If the person voted as a member of a different political	6723
party at any primary election within the current year and the	6724
immediately preceding two calendar years, being a candidate for	6725
nomination at a party primary held during the times specified in	6726
division (C)(2) of section 3513.191 of the Revised Code provided	6727
that the person complies with the requirements of that section;	6728

(b) Circulating the person's own petition of candidacy for	6729
party nomination in the primary election.	6730

(B) When the right of a person to vote is challenged upon the	6731
ground set forth in division (A)(3) of this section, membership in	6732
or political affiliation with a political party shall be	6733
determined by the person's statement, made under penalty of	6734
election falsification, that the person desires to be affiliated	6735
with and supports the principles of the political party whose	6736
primary ballot the person desires to voteIf the challenge is not	6737
denied upon examination of the person's voting record, membership	6738
in or political affiliation with a political party shall be	6739
determined by the person's statement, made under penalty of	6740
election falsification, that the person desires to be affiliated	6741
with and supports the principles of the political party whose	6742
primary election ballot the person desires to vote. If the person	6743
refuses to make such a statement, the judges shall provide to the	6744
person, and the person may vote, a provisional ballot under	6745
section 3505.181 of the Revised Code.	6746

Sec. 3513.30.  (A)(1) If only one valid declaration of	6747
candidacy is filed for nomination as a candidate of a political	6748
party for an office and that candidate dies prior to the tenth day	6749
before the primary election, both of the following may occur:	6750

(a) The political party whose candidate died may fill the	6751
vacancy so created as provided in division (A)(2) of this section.	6752

(b) Any major political party other than the one whose	6753
candidate died may select a candidate as provided in division	6754
(A)(2) of this section under either of the following	6755
circumstances:	6756

(i) No person has filed a valid declaration of candidacy for	6757
nomination as that party's candidate at the primary election.	6758

(ii) Only one person has filed a valid declaration of	6759
candidacy for nomination as that party's candidate at the primary	6760
election, that person has withdrawn, died, or been disqualified	6761
under section 3513.052 of the Revised Code, and the vacancy so	6762
created has not been filled.	6763

(2) A vacancy may be filled under division (A)(1)(a) and a	6764
selection may be made under division (A)(1)(b) of this section by	6765
the appropriate committee of the political party in the same	6766
manner as provided in divisions (A) to (E) of section 3513.31 of	6767
the Revised Code for the filling of similar vacancies created by	6768
withdrawals or disqualifications under section 3513.052 of the	6769
Revised Code after the primary election, except that the	6770
certification required under that section may not be filed with	6771
the secretary of state, or with a board of the most populous	6772
county of a district, or with the board of a county in which the	6773
major portion of the population of a subdivision is located, later	6774
than four p.m. of the tenth day before the day of such primary	6775
election, or with any other board later than four p.m. of the	6776
fifth day before the day of such primary election.	6777

(3) If only one valid declaration of candidacy is filed for	6778
nomination as a candidate of a political party for an office and	6779
that candidate dies on or after the tenth day before the day of	6780
the primary election, that candidate is considered to have	6781
received the nomination of that candidate's political party at	6782
that primary election, and, for purposes of filling the vacancy so	6783
created, that candidate's death shall be treated as if that	6784
candidate died on the day after the day of the primary election.	6785

(B) Any person filing a declaration of candidacy may withdraw	6786
as such candidate at any time prior to the primary election, or,	6787
if the primary election is a presidential primary election, at any	6788
time prior to the fiftieth day before the presidential primary	6789
election. The withdrawal shall be effected and the statement of	6790
withdrawal shall be filed in accordance with the procedures	6791
prescribed in division (D) of this section for the withdrawal of	6792
persons nominated in a primary election or by nominating petition.	6793

(C) A person who is the first choice for president of the	6794
United States by a candidate for delegate or alternate to a	6795
national convention of a political party may withdraw consent for	6796
the selection of the person as such first choice no later than	6797
four p.m. of the thirtieth day before the day of the presidential	6798
primary election. Withdrawal of consent shall be for the entire	6799
slate of candidates for delegates and alternates who named such	6800
person as their presidential first choice and shall constitute	6801
withdrawal from the primary election by such delegates and	6802
alternates. The withdrawal shall be made in writing and delivered	6803
to the secretary of state. If the withdrawal is delivered to the	6804
secretary of state on or before the sixtieth day before the day of	6805
the primary election, or, if the election is a presidential	6806
primary election, on or before the forty-fifth day before the day	6807
of the presidential primary election, the boards of elections	6808
shall remove both the name of the withdrawn first choice and the	6809
names of such withdrawn candidates from the ballots according to	6810
the directions of the secretary of state. If the withdrawal is	6811
delivered to the secretary of state after the sixtieth day before	6812
the day of the primary election, or, if the election is a	6813
presidential primary election, after the forty-fifth day before	6814
the day of the presidential primary election, the board of	6815
elections shall not remove the name of the withdrawn first choice	6816
and the names of the withdrawn candidates from the ballots. The	6817
board of elections shall post a notice at each polling location on	6818
the day of the primary election, and shall enclose with each	6819
absent voter's ballot given or mailed after the candidate	6820
withdraws, a notice that votes for the withdrawn first choice or	6821
the withdrawn candidates will be void and will not be counted. If	6822
such names are not removed from all ballots before the day of the	6823
election, the votes for the withdrawn first choice or the	6824
withdrawn candidates are void and shall not be counted.	6825

(D) Any person nominated in a primary election, pursuant to	6826
section 3513.02 of the Revised Code, or by nominating petition as	6827
a candidate for election at the next general election may withdraw	6828
as such candidate at any time prior to the general election. Such	6829
withdrawal may be effected by the filing of a written statement by	6830
such candidate announcing the candidate's withdrawal and	6831
requesting that the candidate's name not be printed on the	6832
ballots. If such candidate's declaration of candidacy or	6833
nominating petition was filed with the secretary of state, the	6834
candidate's statement of withdrawal shall be addressed to and	6835
filed with the secretary of state. If such candidate's declaration	6836
of candidacy or nominating petition was filed with a board of	6837
elections, the candidate's statement of withdrawal shall be	6838
addressed to and filed with such board.	6839

(E) When a person withdraws under division (B) or (D) of this	6840
section on or before the sixtieth day before the day of the	6841
primary election or the general election, or, if the election is a	6842
presidential primary election, on or before the forty-fifth day	6843
before the day of the presidential primary election, the board of	6844
elections shall remove the name of the withdrawn candidate from	6845
the ballots according to the directions of the secretary of state.	6846
When a person withdraws under division (B) or (D) of this section	6847
after the sixtieth day before the day of the primary election or	6848
the general election, or, if the election is a presidential	6849
primary election, after the forty-fifth day before the day of the	6850
presidential primary election, the board of elections shall not	6851
remove the name of the withdrawn candidate from the ballots. The	6852
board of elections shall post a notice at each polling place on	6853
the day of the primary election, and shall enclose with each	6854
absent voter's ballot given or mailed after the candidate	6855
withdraws, a notice that votes for the withdrawn candidate will be	6856
void and will not be counted. If the name is not removed from all	6857
ballots before the day of the election, the votes for the	6858
withdrawn candidate are void and shall not be counted.	6859

Sec. 3513.31.  (A) If a person nominated in a primary	6860
election as a candidate for election at the next general election,	6861
whose candidacy is to be submitted to the electors of the entire	6862
state, withdraws as that candidate or is disqualified as that	6863
candidate under section 3513.052 of the Revised Code, the vacancy	6864
in the party nomination so created may be filled by the state	6865
central committee of the major political party that made the	6866
nomination at the primary election, if the committee's chairperson	6867
and secretary certify the name of the person selected to fill the	6868
vacancy by the time specified in this division, at a meeting	6869
called for that purpose. The meeting shall be called by the	6870
chairperson of that committee, who shall give each member of the	6871
committee at least two days' notice of the time, place, and	6872
purpose of the meeting. If a majority of the members of the	6873
committee are present at the meeting, a majority of those present	6874
may select a person to fill the vacancy. The chairperson and	6875
secretary of the meeting shall certify in writing and under oath	6876
to the secretary of state, not later than the seventy-sixth day	6877
before the day of the general election, the name of the person	6878
selected to fill the vacancy. The certification must be	6879
accompanied by the written acceptance of the nomination by the	6880
person whose name is certified. A vacancy that may be filled by an	6881
intermediate ora minor political party shall be filled in	6882
accordance with the party's rules by authorized officials of the	6883
party. Certification must be made as in the manner provided for a	6884
major political party.	6885

(B) If a person nominated in a primary election as a party	6886
candidate for election at the next general election, whose	6887
candidacy is to be submitted to the electors of a district	6888
comprised of more than one county but less than all of the	6889
counties of the state, withdraws as that candidate or is	6890
disqualified as that candidate under section 3513.052 of the	6891
Revised Code, the vacancy in the party nomination so created may	6892
be filled by a district committee of the major political party	6893
that made the nomination at the primary election, if the	6894
committee's chairperson and secretary certify the name of the	6895
person selected to fill the vacancy by the time specified in this	6896
division, at a meeting called for that purpose. The district	6897
committee shall consist of the chairperson and secretary of the	6898
county central committee of such political party in each county in	6899
the district. The district committee shall be called by the	6900
chairperson of the county central committee of such political	6901
party of the most populous county in the district, who shall give	6902
each member of the district committee at least two days' notice of	6903
the time, place, and purpose of the meeting. If a majority of the	6904
members of the district committee are present at the district	6905
committee meeting, a majority of those present may select a person	6906
to fill the vacancy. The chairperson and secretary of the meeting	6907
shall certify in writing and under oath to the board of elections	6908
of the most populous county in the district, not later than four	6909
p.m. of the seventy-sixth day before the day of the general	6910
election, the name of the person selected to fill the vacancy. The	6911
certification must be accompanied by the written acceptance of the	6912
nomination by the person whose name is certified. A vacancy that	6913
may be filled by an intermediate ora minor political party shall	6914
be filled in accordance with the party's rules by authorized	6915
officials of the party. Certification must be made as in the	6916
manner provided for a major political party.	6917

(C) If a person nominated in a primary election as a party	6918
candidate for election at the next general election, whose	6919
candidacy is to be submitted to the electors of a county,	6920
withdraws as that candidate or is disqualified as that candidate	6921
under section 3513.052 of the Revised Code, the vacancy in the	6922
party nomination so created may be filled by the county central	6923
committee of the major political party that made the nomination at	6924
the primary election, or by the county executive committee if so	6925
authorized, if the committee's chairperson and secretary certify	6926
the name of the person selected to fill the vacancy by the time	6927
specified in this division, at a meeting called for that purpose.	6928
The meeting shall be called by the chairperson of that committee,	6929
who shall give each member of the committee at least two days'	6930
notice of the time, place, and purpose of the meeting. If a	6931
majority of the members of the committee are present at the	6932
meeting, a majority of those present may select a person to fill	6933
the vacancy. The chairperson and secretary of the meeting shall	6934
certify in writing and under oath to the board of that county, not	6935
later than four p.m. of the seventy-sixth day before the day of	6936
the general election, the name of the person selected to fill the	6937
vacancy. The certification must be accompanied by the written	6938
acceptance of the nomination by the person whose name is	6939
certified. A vacancy that may be filled by an intermediate ora	6940
minor political party shall be filled in accordance with the	6941
party's rules by authorized officials of the party. Certification	6942
must be made as in the manner provided for a major political	6943
party.	6944

(D) If a person nominated in a primary election or pursuant	6945
to section 3513.02 of the Revised Code as a party candidate for	6946
election at the next general election, whose candidacy is to be	6947
submitted to the electors of a district within a county, withdraws	6948
as that candidate or is disqualified as that candidate under	6949
section 3513.052 of the Revised Code, the vacancy in the party	6950
nomination so created may be filled by a district committee	6951
consisting of those members of the county central committee or, if	6952
so authorized, those members of the county executive committee in	6953
that county of the major political party that made the nomination	6954
at the primary election who represent the precincts or the wards	6955
and townships within the district, if the committee's chairperson	6956
and secretary certify the name of the person selected to fill the	6957
vacancy by the time specified in this division, at a meeting	6958
called for that purpose. The district committee meeting shall be	6959
called by the chairperson of the county central committee or	6960
executive committee, as appropriate, who shall give each member of	6961
the district committee at least two days' notice of the time,	6962
place, and purpose of the meeting. If a majority of the members of	6963
the district committee are present at the district committee	6964
meeting, a majority of those present may select a person to fill	6965
the vacancy. The chairperson and secretary of the district	6966
committee meeting shall certify in writing and under oath to the	6967
board of the county, not later than four p.m. of the seventy-sixth	6968
day before the day of the general election, the name of the person	6969
selected to fill the vacancy. The certification must be	6970
accompanied by the written acceptance of the nomination by the	6971
person whose name is certified. A vacancy that may be filled by an	6972
intermediate ora minor political party shall be filled in	6973
accordance with the party's rules by authorized officials of the	6974
party. Certification must be made as in the manner provided for a	6975
major political party.	6976

(E) If a person nominated in a primary election or pursuant	6977
to section 3513.02 of the Revised Code as a party candidate for	6978
election at the next general election, whose candidacy is to be	6979
submitted to the electors of a subdivision within a county,	6980
withdraws as that candidate or is disqualified as that candidate	6981
under section 3513.052 of the Revised Code, the vacancy in the	6982
party nomination so created may be filled by a subdivision	6983
committee consisting of those members of the county central	6984
committee or, if so authorized, those members of the county	6985
executive committee in that county of the major political party	6986
that made the nomination at that primary election who represent	6987
the precincts or the wards and townships within that subdivision,	6988
if the committee's chairperson and secretary certify the name of	6989
the person selected to fill the vacancy by the time specified in	6990
this division, at a meeting called for that purpose.	6991

The subdivision committee meeting shall be called by the	6992
chairperson of the county central committee or executive	6993
committee, as appropriate, who shall give each member of the	6994
subdivision committee at least two days' notice of the time,	6995
place, and purpose of the meeting. If a majority of the members of	6996
the subdivision committee are present at the subdivision committee	6997
meeting, a majority of those present may select a person to fill	6998
the vacancy. The chairperson and secretary of the subdivision	6999
committee meeting shall certify in writing and under oath to the	7000
board of the county, not later than four p.m. of the seventy-sixth	7001
day before the day of the general election, the name of the person	7002
selected to fill the vacancy. The certification must be	7003
accompanied by the written acceptance of the nomination by the	7004
person whose name is certified. A vacancy that may be filled by an	7005
intermediate ora minor political party shall be filled in	7006
accordance with the party's rules by authorized officials of the	7007
party. Certification must be made in the manner provided for a	7008
major political party.	7009

(F) If a person nominated by petition as an independent or	7010
nonpartisan candidate for election at the next general election	7011
withdraws as that candidate or is disqualified as that candidate	7012
under section 3513.052 of the Revised Code, the vacancy so created	7013
may be filled by a majority of the committee of five, as	7014
designated on the candidate's nominating petition, if a member of	7015
that committee certifies in writing and under oath to the election	7016
officials with whom the candidate filed the candidate's nominating	7017
petition, not later than the seventy-sixth day before the day of	7018
the general election, the name of the person selected to fill the	7019
vacancy. The certification shall be accompanied by the written	7020
acceptance of the nomination by the person whose name is certified	7021
and shall be made in the manner provided for a major political	7022
party.	7023

(G) If a person nominated in a primary election or pursuant	7024
to section 3513.02 of the Revised Code as a party candidate for	7025
election at the next general election dies, the vacancy so created	7026
may be filled by the same committee in the same manner as provided	7027
in this section for the filling of similar vacancies created by	7028
withdrawals or disqualifications under section 3513.052 of the	7029
Revised Code, except that the certification, when filling a	7030
vacancy created by death, may not be filed with the secretary of	7031
state, or with a board of the most populous county of a district,	7032
or with the board of a county in which the major portion of the	7033
population of a subdivision is located, later than four p.m. of	7034
the tenth day before the day of such general election, or with any	7035
other board later than four p.m. of the fifth day before the day	7036
of such general election.	7037

(H) If a person nominated by petition as an independent or	7038
nonpartisan candidate for election at the next general election	7039
dies prior to the tenth day before the day of that general	7040
election, the vacancy so created may be filled by a majority of	7041
the committee of five designated in the nominating petition to	7042
represent the candidate named in it. To fill the vacancy a member	7043
of the committee shall, not later than four p.m. of the fifth day	7044
before the day of the general election, file with the election	7045
officials with whom the petition nominating the person was filed,	7046
a certificate signed and sworn to under oath by a majority of the	7047
members, designating the person they select to fill the vacancy.	7048
The certification must be accompanied by the written acceptance of	7049
the nomination by the person whose name is so certified.	7050

(I) If a person holding an elective office dies or resigns	7051
subsequent to the one-hundredth day before the day of a primary	7052
election and prior to the seventy-sixth day before the day of the	7053
next general election, and if, under the laws of this state, a	7054
person may be elected at that general election to fill the	7055
unexpired term of the person who has died or resigned, the	7056
appropriate committee of each political party, acting as in the	7057
case of a vacancy in a party nomination, as provided in divisions	7058
(A) to (D) of this section, may select a person as the party	7059
candidate for election for such unexpired term at that general	7060
election, and certify the person's name to the appropriate	7061
election official not later than four p.m. on the seventy-sixth	7062
day before the day of that general election, or on the tenth day	7063
following the day on which the vacancy occurs, whichever is later.	7064
When the vacancy occurs on or subsequent to the seventy-sixth day	7065
and six or more days prior to the fortieth day before the general	7066
election, the appropriate committee may select a person as the	7067
party candidate and certify the person's name, as provided in the	7068
preceding sentence, not later than four p.m. on the tenth day	7069
following the day on which the vacancy occurs. When the vacancy	7070
occurs fewer than six days before the fortieth day before the	7071
general election, the deadline for filing shall be four p.m. on	7072
the thirty-sixth day before the general election. Thereupon the	7073
name shall be printed as the party candidate under proper titles	7074
and in the proper place on the proper ballots for use at the	7075
election. If a person has been nominated in a primary election,	7076
the authorized committee of that political party shall not select	7077
and certify a person as the party candidate.	7078

(J) Each person desiring to become an independent candidate	7079
to fill the unexpired term shall file a statement of candidacy and	7080
nominating petition, as provided in section 3513.261 of the	7081
Revised Code, with the appropriate election official not later	7082
than four p.m. on the tenth day following the day on which the	7083
vacancy occurs, provided that when the vacancy occurs fewer than	7084
six days before the fortieth day before the general election, the	7085
deadline for filing shall be four p.m. on the thirty-sixth day	7086
before the general election. The nominating petition shall contain	7087
at least seven hundred fifty signatures and no more than one	7088
thousand five hundred signatures of qualified electors of the	7089
district, political subdivision, or portion of a political	7090
subdivision in which the office is to be voted upon, or the amount	7091
provided for in section 3513.257 of the Revised Code, whichever is	7092
less.	7093

(K) When a person nominated as a candidate by a political	7094
party in a primary election, pursuant to section 3513.02 of the	7095
Revised Code, or by nominating petition for an elective office for	7096
which candidates are nominated at a party primary election	7097
withdraws, dies, or is disqualified under section 3513.052 of the	7098
Revised Code prior to the general election, the appropriate	7099
committee of any other major political party or committee of five	7100
that has not nominated a candidate for that office, or whose	7101
nominee as a candidate for that office has withdrawn, died, or	7102
been disqualified without the vacancy so created having been	7103
filled, may, acting as in the case of a vacancy in a party	7104
nomination or nomination by petition as provided in divisions (A)	7105
to (F) of this section, whichever is appropriate, select a person	7106
as a candidate of that party or of that committee of five for	7107
election to the office.	7108

Sec. 3517.01.  (A)(1) A political party within the meaning of	7109
Title XXXV of the Revised Code is any group of voters that, at	7110
either of the two most recent regular state electionelections,	7111
polled for its candidate for any of the offices of governor,	7112
secretary of state, auditor of state, treasurer of state, attorney	7113
general, or United States senator in thethis state or nominees	7114
for presidential electors at least fiveone per cent of the entire	7115
vote cast for that officeany of those offices or that filed with	7116
the secretary of state, subsequent to any electiontwo successive	7117
regular state elections in which it received less than fiveone	7118
per cent of thatthe vote for any of those offices, a petition	7119
signed by qualified electors equal in number to at least	7120
one-quarter of one per cent of the total vote for governor or	7121
nominees for presidential electors at the most recent regular	7122
state election, declaring their intention of organizing a	7123
political party, the name of which shall be stated in the	7124
declaration, and of participating in the succeeding primary	7125
election, held in even-numbered years, that occurs more than one	7126
hundred twentyseventy-five days after the date of filing. No such	7127
group of electors shall assume a name or designation that is	7128
similar, in the opinion of the secretary of state, to that of an	7129
existing political party as to confuse or mislead the voters at	7130
an election. If any political party fails to cast fiveone per	7131
cent of the total vote cast at an electiontwo successive regular	7132
state elections for one of the office of governor or president	7133
offices specified in this division, it shall cease to be a	7134
political party.	7135

(2) A campaign committee shall be legally liable for any	7136
debts, contracts, or expenditures incurred or executed in its	7137
name.	7138

(B) Notwithstanding the definitions found in section 3501.01	7139
of the Revised Code, as used in this section and sections 3517.08	7140
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	7141

(1) "Campaign committee" means a candidate or a combination	7142
of two or more persons authorized by a candidate under section	7143
3517.081 of the Revised Code to receive contributions and make	7144
expenditures.	7145

(2) "Campaign treasurer" means an individual appointed by a	7146
candidate under section 3517.081 of the Revised Code.	7147

(3) "Candidate" has the same meaning as in division (H) of	7148
section 3501.01 of the Revised Code and also includes any person	7149
who, at any time before or after an election, receives	7150
contributions or makes expenditures or other use of contributions,	7151
has given consent for another to receive contributions or make	7152
expenditures or other use of contributions, or appoints a campaign	7153
treasurer, for the purpose of bringing about the person's	7154
nomination or election to public office. When two persons jointly	7155
seek the offices of governor and lieutenant governor, "candidate"	7156
means the pair of candidates jointly. "Candidate" does not include	7157
candidates for election to the offices of member of a county or	7158
state central committee, presidential elector, and delegate to a	7159
national convention or conference of a political party.	7160

(4) "Continuing association" means an association, other than	7161
a campaign committee, political party, legislative campaign fund,	7162
political contributing entity, or labor organization, that is	7163
intended to be a permanent organization that has a primary purpose	7164
other than supporting or opposing specific candidates, political	7165
parties, or ballot issues, and that functions on a regular basis	7166
throughout the year. "Continuing association" includes	7167
organizations that are determined to be not organized for profit	7168
under subsection 501 and that are described in subsection	7169
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	7170

(5) "Contribution" means a loan, gift, deposit, forgiveness	7171
of indebtedness, donation, advance, payment, or transfer of funds	7172
or anything of value, including a transfer of funds from an inter	7173
vivos or testamentary trust or decedent's estate, and the payment	7174
by any person other than the person to whom the services are	7175
rendered for the personal services of another person, which	7176
contribution is made, received, or used for the purpose of	7177
influencing the results of an election. Any loan, gift, deposit,	7178
forgiveness of indebtedness, donation, advance, payment, or	7179
transfer of funds or of anything of value, including a transfer of	7180
funds from an inter vivos or testamentary trust or decedent's	7181
estate, and the payment by any campaign committee, political	7182
action committee, legislative campaign fund, political party,	7183
political contributing entity, or person other than the person to	7184
whom the services are rendered for the personal services of	7185
another person, that is made, received, or used by a state or	7186
county political party, other than moneys a state or county	7187
political party receives from the Ohio political party fund	7188
pursuant to section 3517.17 of the Revised Code and the moneys a	7189
state or county political party may receive under sections	7190
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	7191
considered to be a "contribution" for the purpose of section	7192
3517.10 of the Revised Code and shall be included on a statement	7193
of contributions filed under that section.	7194

"Contribution" does not include any of the following:

7195

(a) Services provided without compensation by individuals	7196
volunteering a portion or all of their time on behalf of a person;	7197

(b) Ordinary home hospitality;

7198

(c) The personal expenses of a volunteer paid for by that	7199
volunteer campaign worker;	7200

(d) Any gift given to a state or county political party	7201
pursuant to section 3517.101 of the Revised Code. As used in	7202
division (B)(5)(d) of this section, "political party" means only a	7203
major political party;	7204

(e) Any contribution as defined in section 3517.1011 of the	7205
Revised Code that is made, received, or used to pay the direct	7206
costs of producing or airing an electioneering communication;	7207

(f) Any gift given to a state or county political party for	7208
the party's restricted fund under division (A)(2) of section	7209
3517.1012 of the Revised Code;	7210

(g) Any gift given to a state political party for deposit in	7211
a Levin account pursuant to section 3517.1013 of the Revised Code.	7212
As used in this division, "Levin account" has the same meaning as	7213
in that section.	7214

(6) "Expenditure" means the disbursement or use of a	7215
contribution for the purpose of influencing the results of an	7216
election or of making a charitable donation under division (G) of	7217
section 3517.08 of the Revised Code. Any disbursement or use of a	7218
contribution by a state or county political party is an	7219
expenditure and shall be considered either to be made for the	7220
purpose of influencing the results of an election or to be made as	7221
a charitable donation under division (G) of section 3517.08 of the	7222
Revised Code and shall be reported on a statement of expenditures	7223
filed under section 3517.10 of the Revised Code. During the thirty	7224
days preceding a primary or general election, any disbursement to	7225
pay the direct costs of producing or airing a broadcast, cable, or	7226
satellite communication that refers to a clearly identified	7227
candidate shall be considered to be made for the purpose of	7228
influencing the results of that election and shall be reported as	7229
an expenditure or as an independent expenditure under section	7230
3517.10 or 3517.105 of the Revised Code, as applicable, except	7231
that the information required to be reported regarding	7232
contributors for those expenditures or independent expenditures	7233
shall be the same as the information required to be reported under	7234
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	7235

As used in this division, "broadcast, cable, or satellite	7236
communication" and "refers to a clearly identified candidate" have	7237
the same meanings as in section 3517.1011 of the Revised Code.	7238

(7) "Personal expenses" includes, but is not limited to,	7239
ordinary expenses for accommodations, clothing, food, personal	7240
motor vehicle or airplane, and home telephone.	7241

(8) "Political action committee" means a combination of two	7242
or more persons, the primary or major purpose of which is to	7243
support or oppose any candidate, political party, or issue, or to	7244
influence the result of any election through express advocacy, and	7245
that is not a political party, a campaign committee, a political	7246
contributing entity, or a legislative campaign fund. "Political	7247
action committee" does not include either of the following:	7248

(a) A continuing association that makes disbursements for the	7249
direct costs of producing or airing electioneering communications	7250
and that does not engage in express advocacy;	7251

(b) A political club that is formed primarily for social	7252
purposes and that consists of one hundred members or less, has	7253
officers and periodic meetings, has less than two thousand five	7254
hundred dollars in its treasury at all times, and makes an	7255
aggregate total contribution of one thousand dollars or less per	7256
calendar year.	7257

(9) "Public office" means any state, county, municipal,	7258
township, or district office, except an office of a political	7259
party, that is filled by an election and the offices of United	7260
States senator and representative.	7261

(10) "Anything of value" has the same meaning as in section	7262
1.03 of the Revised Code.	7263

(11) "Beneficiary of a campaign fund" means a candidate, a	7264
public official or employee for whose benefit a campaign fund	7265
exists, and any other person who has ever been a candidate or	7266
public official or employee and for whose benefit a campaign fund	7267
exists.	7268

(12) "Campaign fund" means money or other property, including	7269
contributions.	7270

(13) "Public official or employee" has the same meaning as in	7271
section 102.01 of the Revised Code.	7272

(14) "Caucus" means all of the members of the house of	7273
representatives or all of the members of the senate of the general	7274
assembly who are members of the same political party.	7275

(15) "Legislative campaign fund" means a fund that is	7276
established as an auxiliary of a state political party and	7277
associated with one of the houses of the general assembly.	7278

(16) "In-kind contribution" means anything of value other	7279
than money that is used to influence the results of an election or	7280
is transferred to or used in support of or in opposition to a	7281
candidate, campaign committee, legislative campaign fund,	7282
political party, political action committee, or political	7283
contributing entity and that is made with the consent of, in	7284
coordination, cooperation, or consultation with, or at the request	7285
or suggestion of the benefited candidate, committee, fund, party,	7286
or entity. The financing of the dissemination, distribution, or	7287
republication, in whole or part, of any broadcast or of any	7288
written, graphic, or other form of campaign materials prepared by	7289
the candidate, the candidate's campaign committee, or their	7290
authorized agents is an in-kind contribution to the candidate and	7291
an expenditure by the candidate.	7292

(17) "Independent expenditure" means an expenditure by a	7293
person advocating the election or defeat of an identified	7294
candidate or candidates, that is not made with the consent of, in	7295
coordination, cooperation, or consultation with, or at the request	7296
or suggestion of any candidate or candidates or of the campaign	7297
committee or agent of the candidate or candidates. As used in	7298
division (B)(17) of this section:	7299

(a) "Person" means an individual, partnership, unincorporated	7300
business organization or association, political action committee,	7301
political contributing entity, separate segregated fund,	7302
association, or other organization or group of persons, but not a	7303
labor organization or a corporation unless the labor organization	7304
or corporation is a political contributing entity.	7305

(b) "Advocating" means any communication containing a message	7306
advocating election or defeat.	7307

(c) "Identified candidate" means that the name of the	7308
candidate appears, a photograph or drawing of the candidate	7309
appears, or the identity of the candidate is otherwise apparent by	7310
unambiguous reference.	7311

(d) "Made in coordination, cooperation, or consultation with,	7312
or at the request or suggestion of, any candidate or the campaign	7313
committee or agent of the candidate" means made pursuant to any	7314
arrangement, coordination, or direction by the candidate, the	7315
candidate's campaign committee, or the candidate's agent prior to	7316
the publication, distribution, display, or broadcast of the	7317
communication. An expenditure is presumed to be so made when it is	7318
any of the following:	7319

(i) Based on information about the candidate's plans,	7320
projects, or needs provided to the person making the expenditure	7321
by the candidate, or by the candidate's campaign committee or	7322
agent, with a view toward having an expenditure made;	7323

(ii) Made by or through any person who is, or has been,	7324
authorized to raise or expend funds, who is, or has been, an	7325
officer of the candidate's campaign committee, or who is, or has	7326
been, receiving any form of compensation or reimbursement from the	7327
candidate or the candidate's campaign committee or agent;	7328

(iii) Except as otherwise provided in division (D) of section	7329
3517.105 of the Revised Code, made by a political party in support	7330
of a candidate, unless the expenditure is made by a political	7331
party to conduct voter registration or voter education efforts.	7332

(e) "Agent" means any person who has actual oral or written	7333
authority, either express or implied, to make or to authorize the	7334
making of expenditures on behalf of a candidate, or means any	7335
person who has been placed in a position with the candidate's	7336
campaign committee or organization such that it would reasonably	7337
appear that in the ordinary course of campaign-related activities	7338
the person may authorize expenditures.	7339

(18) "Labor organization" means a labor union; an employee	7340
organization; a federation of labor unions, groups, locals, or	7341
other employee organizations; an auxiliary of a labor union,	7342
employee organization, or federation of labor unions, groups,	7343
locals, or other employee organizations; or any other bona fide	7344
organization in which employees participate and that exists for	7345
the purpose, in whole or in part, of dealing with employers	7346
concerning grievances, labor disputes, wages, hours, and other	7347
terms and conditions of employment.	7348

(19) "Separate segregated fund" means a separate segregated	7349
fund established pursuant to the Federal Election Campaign Act.	7350

(20) "Federal Election Campaign Act" means the "Federal	7351
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	7352
seq., as amended.	7353

(21) "Restricted fund" means the fund a state or county	7354
political party must establish under division (A)(1) of section	7355
3517.1012 of the Revised Code.	7356

(22) "Electioneering communication" has the same meaning as	7357
in section 3517.1011 of the Revised Code.	7358

(23) "Express advocacy" means a communication that contains	7359
express words advocating the nomination, election, or defeat of a	7360
candidate or that contains express words advocating the adoption	7361
or defeat of a question or issue, as determined by a final	7362
judgment of a court of competent jurisdiction.	7363

(24) "Political committee" has the same meaning as in section	7364
3517.1011 of the Revised Code.	7365

(25) "Political contributing entity" means any entity,	7366
including a corporation or labor organization, that may lawfully	7367
make contributions and expenditures and that is not an individual	7368
or a political action committee, continuing association, campaign	7369
committee, political party, legislative campaign fund, designated	7370
state campaign committee, or state candidate fund. For purposes of	7371
this division, "lawfully" means not prohibited by any section of	7372
the Revised Code, or authorized by a final judgment of a court of	7373
competent jurisdiction.	7374

Sec. 3517.012.  When a petition meeting the requirements of	7375
section 3517.01 of the Revised Code declaring the intention to	7376
organize a political party is filed with the secretary of state,	7377
the new party comes into legal existence on the date of filing and	7378
is entitled to hold a primary election as set out in section	7379
3513.01 of the Revised Code, at the primary election, held in	7380
even-numbered years that occurs more than one hundred twenty	7381
seventy-five days after the date of filing. If the secretary of	7382
state determines that the petition is invalid or insufficient, no	7383
primary election shall be held for the political party named in	7384
the petition, and any declaration of candidacy that was filed by	7385
any candidate seeking that party's nomination at the primary	7386
election shall be invalid.	7387

Sec. 3517.02.  All members of controlling committees of a	7388
major or intermediate political party shall be elected by direct	7389
vote of the members of the party, except as otherwise provided in	7390
section 3517.05 of the Revised Code. Their names shall be placed	7391
upon the official ballot, and, notwithstanding division (B) of	7392
section 3513.23 of the Revised Code, the persons receiving the	7393
highest number of votes for committeepersons shall be the members	7394
of those controlling committees. Each member of a controlling	7395
committee shall be a resident and qualified elector of the	7396
district, ward, or precinct that the member is elected to	7397
represent. All members of controlling committees of a minor	7398
political party shall be determined in accordance with party	7399
rules.	7400

Each political party shall file with the office of the	7401
secretary of state a copy of its constitution and bylaws, if any,	7402
within thirty days of adoption or amendment. Each party shall also	7403
file with the office of the secretary of state a list of members	7404
of its controlling committees and other party officials within	7405
thirty days of their election or appointment.	7406

Sec. 3517.03.  The controlling committees of each major	7407
political party or organization shall be a state central committee	7408
consisting of two members, one a man and one a woman, representing	7409
either each congressional district in the state or each senatorial	7410
district in the state, as the outgoing committee determines; a	7411
county central committee consisting of one member from each	7412
election precinct in the county, or of one member from each ward	7413
in each city and from each township in the county, as the outgoing	7414
committee determines; and such district, city, township, or other	7415
committees as the rules of the party provide.	7416

All the members of such committees shall be members of the	7417
party and shall be elected for terms of either two or four years,	7418
as determined by party rules, by direct vote at the primary held	7419
in an even-numbered year. Except as otherwise provided in section	7420
3517.02 of the Revised Code, candidates for election as state	7421
central committee members shall be elected at primaries in the	7422
same manner as provided in sections 3513.01 to 3513.32 of the	7423
Revised Code for the nomination of candidates for office in a	7424
county. Candidates for election as members of the county central	7425
committee shall be elected at primaries in the same manner as	7426
provided in those sections for the nomination of candidates for	7427
county offices, except as otherwise provided in sections 3513.051	7428
and 3517.02 of the Revised Code.	7429

Each major party controlling committee shall elect an	7430
executive committee that shall have the powers granted to it by	7431
the party controlling committee, and provided to it by law. When a	7432
judicial, senatorial, or congressional district is comprised of	7433
more than one county, the chairperson and secretary of the county	7434
central committee from each county in that district shall	7435
constitute the judicial, senatorial, or congressional committee of	7436
the district. When a judicial, senatorial, or congressional	7437
district is included within a county, the county central committee	7438
shall constitute the judicial, senatorial, or congressional	7439
committee of the district.	7440

The controlling committee of each intermediate political	7441
party or organization shall be a state central committee	7442
consisting of two members, one a man and one a woman, from each	7443
congressional district in the state. All members of the committee	7444
shall be members of the party and shall be elected by direct vote	7445
at the primary held in the even-numbered years. Except as	7446
otherwise provided in section 3517.02 of the Revised Code,	7447
candidates for election shall be elected at the primary in the	7448
same manner as provided in sections 3513.01 to 3513.32 of the	7449
Revised Code. An intermediate political party may have such other	7450
party organization as its rules provide. Each intermediate party	7451
shall file the names and addresses of its officers with the	7452
secretary of state.	7453

A minor political party may elect controlling committees at a	7454
primary election in the even-numbered year by filing a plan for	7455
party organization with the secretary of state on or before the	7456
ninetieth day before the day of the primary election. The plan	7457
shall specify which offices are to be elected and provide the	7458
procedure for qualification of candidates for those offices.	7459
Candidates to be elected pursuant to the plan shall be designated	7460
and qualified on or before the ninetieth day before the day of the	7461
election. Such parties may, in lieu of electing a controlling	7462
committee or other officials, choose such committee or other	7463
officials in accordance with party rules. Each such party shall	7464
file the names and addresses of members of its controlling	7465
committee and party officers with the secretary of state.	7466

Sec. 3521.03.  When a vacancy in the office of	7467
representative to congress occurs, the governor, upon	7468
satisfactory information thereof, shall issue a writ of election	7469
directing that a special election be held to fill such vacancy in	7470
the territory entitled to fill it on a day specified in the writ.	7471
Such writ shall be directed to the board of elections within such	7472
territory which shall give notice of the time and places of	7473
holding such election as provided in section 3501.03 of the	7474
Revised Code. Such election shall be held and conducted and	7475
returns thereof made as in case of a regular state election or	7476
may be conducted as an election by mail under Chapter 3507. of the	7477
Revised Code. The state shall pay all costs of any special	7478
election held under this section.	7479

Sec. 3599.121. (A) No person shall do either of the	7480
following:	7481

(1) Challenge an elector's right to vote under section	7482
3503.24 or 3505.20 of the Revised Code unless the person knows or	7483
reasonably believes that the challenged elector is not qualified	7484
and entitled to vote; or	7485

(2) Challenge an elector's right to vote for any reason other	7486
than those set forth in section 3503.24 or 3505.20 of the Revised	7487
Code.	7488

(B) Whoever knowingly violates division (A) of this section	7489
is guilty of a misdemeanor of the first degree.	7490

Sec. 3599.191. (A) No judge of elections shall do either of	7491
the following:	7492

(1) Challenge an elector's right to vote under section	7493
3509.07 or 3513.19 of the Revised Code unless the judge of	7494
elections knows or reasonably believes that the challenged elector	7495
is not qualified and entitled to vote; or	7496

(2) Challenge an elector's right to vote for any reason other	7497
than those set forth in section 3509.07 or 3513.19 of the Revised	7498
Code.	7499

(B) Whoever knowingly violates division (A) of this section	7500
is guilty of a misdemeanor of the first degree.	7501

Sec. 4507.13.  (A) The registrar of motor vehicles shall	7502
issue a driver's license to every person licensed as an operator	7503
of motor vehicles other than commercial motor vehicles. No person	7504
licensed as a commercial motor vehicle driver under Chapter 4506.	7505
of the Revised Code need procure a driver's license, but no person	7506
shall drive any commercial motor vehicle unless licensed as a	7507
commercial motor vehicle driver.	7508

Every driver's license shall display on it the distinguishing	7509
number assigned to the licensee and shall display the licensee's	7510
name and date of birth; the licensee's residence address and	7511
county of residence; a color photograph of the licensee; a brief	7512
description of the licensee for the purpose of identification; a	7513
facsimile of the signature of the licensee as it appears on the	7514
application for the license; a notation, in a manner prescribed by	7515
the registrar, indicating any condition described in division	7516
(D)(3) of section 4507.08 of the Revised Code to which the	7517
licensee is subject; if the licensee has executed a durable power	7518
of attorney for health care or a declaration governing the use or	7519
continuation, or the withholding or withdrawal, of life-sustaining	7520
treatment and has specified that the licensee wishes the license	7521
to indicate that the licensee has executed either type of	7522
instrument, any symbol chosen by the registrar to indicate that	7523
the licensee has executed either type of instrument; on and after	7524
October 7, 2009, if the licensee has specified that the licensee	7525
wishes the license to indicate that the licensee is a veteran,	7526
active duty, or reservist of the armed forces of the United	7527
States and has presented a copy of the licensee's DD-214 form or	7528
an equivalent document, any symbol chosen by the registrar to	7529
indicate that the licensee is a veteran, active duty, or reservist	7530
of the armed forces of the United States; and any additional	7531
information that the registrar requires by rule. No license shall	7532
display the licensee's social security number unless the licensee	7533
specifically requests that the licensee's social security number	7534
be displayed on the license. If federal law requires the	7535
licensee's social security number to be displayed on the license,	7536
the social security number shall be displayed on the license	7537
notwithstanding this section. No license shall display on its face	7538
any administrative number other than the distinguishing number	7539
assigned to the licensee; if the registrar requires any	7540
administrative number to be printed on a driver's license, that	7541
number shall appear only on the reverse side of the license.	7542

The driver's license for licensees under twenty-one years of	7543
age shall have characteristics prescribed by the registrar	7544
distinguishing it from that issued to a licensee who is twenty-one	7545
years of age or older, except that a driver's license issued to a	7546
person who applies no more than thirty days before the applicant's	7547
twenty-first birthday shall have the characteristics of a license	7548
issued to a person who is twenty-one years of age or older.	7549

The driver's license issued to a temporary resident shall	7550
contain the word "nonrenewable" and shall have any additional	7551
characteristics prescribed by the registrar distinguishing it from	7552
a license issued to a resident.	7553

Every driver's or commercial driver's license displaying a	7554
motorcycle operator's endorsement and every restricted license to	7555
operate a motor vehicle also shall display the designation	7556
"novice," if the endorsement or license is issued to a person who	7557
is eighteen years of age or older and previously has not been	7558
licensed to operate a motorcycle by this state or another	7559
jurisdiction recognized by this state. The "novice" designation	7560
shall be effective for one year after the date of issuance of the	7561
motorcycle operator's endorsement or license.	7562

Each license issued under this section shall be of such	7563
material and so designed as to prevent its reproduction or	7564
alteration without ready detection and, to this end, shall be	7565
laminated with a transparent plastic material.	7566

(B) Except in regard to a driver's license issued to a person	7567
who applies no more than thirty days before the applicant's	7568
twenty-first birthday, neither the registrar nor any deputy	7569
registrar shall issue a driver's license to anyone under	7570
twenty-one years of age that does not have the characteristics	7571
prescribed by the registrar distinguishing it from the driver's	7572
license issued to persons who are twenty-one years of age or	7573
older.	7574

(C) Whoever violates division (B) of this section is guilty	7575
of a minor misdemeanor.	7576

Sec. 4507.52.  (A) Each identification card issued by the	7577
registrar of motor vehicles or a deputy registrar shall display a	7578
distinguishing number assigned to the cardholder, and shall	7579
display the following inscription:	7580

"STATE OF OHIO IDENTIFICATION CARD	7581

This card is not valid for the purpose of operating a motor	7582
vehicle. It is provided solely for the purpose of establishing the	7583
identity of the bearer described on the card, who currently is not	7584
licensed to operate a motor vehicle in the state of Ohio."	7585

The identification card shall display substantially the same	7586
information as contained in the application and as described in	7587
division (A)(1) of section 4507.51 of the Revised Code, but shall	7588
not display the cardholder's social security number unless the	7589
cardholder specifically requests that the cardholder's social	7590
security number be displayed on the card. If federal law requires	7591
the cardholder's social security number to be displayed on the	7592
identification card, the social security number shall be displayed	7593
on the card notwithstanding this section. The identification card	7594
also shall display the color photograph of the cardholder. If the	7595
cardholder has executed a durable power of attorney for health	7596
care or a declaration governing the use or continuation, or the	7597
withholding or withdrawal, of life-sustaining treatment and has	7598
specified that the cardholder wishes the identification card to	7599
indicate that the cardholder has executed either type of	7600
instrument, the card also shall display any symbol chosen by the	7601
registrar to indicate that the cardholder has executed either type	7602
of instrument. On and after October 7, 2009, if the cardholder	7603
has specified that the cardholder wishes the identification	7604
card to indicate that the cardholder is a veteran, active duty,	7605
or reservist of the armed forces of the United States and has	7606
presented a copy of the cardholder's DD-214 form or an	7607
equivalent document, the card also shall display any symbol	7608
chosen by the registrar to indicate that the cardholder is a	7609
veteran, active duty, or reservist of the armed forces of the	7610
United States. No identification card shall display on its face	7611
any administrative number other than a distinguishing number	7612
assigned to the cardholder; if the registrar requires any	7613
administrative number to be printed on an identification card,	7614
that number shall appear only on the reverse side of the card. The	7615
card shall be sealed in transparent plastic or similar material	7616
and shall be so designed as to prevent its reproduction or	7617
alteration without ready detection.	7618

The identification card for persons under twenty-one years of	7619
age shall have characteristics prescribed by the registrar	7620
distinguishing it from that issued to a person who is twenty-one	7621
years of age or older, except that an identification card issued	7622
to a person who applies no more than thirty days before the	7623
applicant's twenty-first birthday shall have the characteristics	7624
of an identification card issued to a person who is twenty-one	7625
years of age or older.	7626

Every identification card issued to a resident of this state	7627
shall expire, unless canceled or surrendered earlier, on the	7628
birthday of the cardholder in the fourth year after the date on	7629
which it is issued. Every identification card issued to a	7630
temporary resident shall expire in accordance with rules adopted	7631
by the registrar and is nonrenewable, but may be replaced with a	7632
new identification card upon the applicant's compliance with all	7633
applicable requirements. A cardholder may renew the cardholder's	7634
identification card within ninety days prior to the day on which	7635
it expires by filing an application and paying the prescribed fee	7636
in accordance with section 4507.50 of the Revised Code.	7637

If a cardholder applies for a driver's or commercial driver's	7638
license in this state or another licensing jurisdiction, the	7639
cardholder shall surrender the cardholder's identification card to	7640
the registrar or any deputy registrar before the license is	7641
issued.	7642

(B) If a card is lost, destroyed, or mutilated, the person to	7643
whom the card was issued may obtain a duplicate by doing both of	7644
the following:	7645

(1) Furnishing suitable proof of the loss, destruction, or	7646
mutilation to the registrar or a deputy registrar;	7647

(2) Filing an application and presenting documentary	7648
evidence under section 4507.51 of the Revised Code.	7649

Any person who loses a card and, after obtaining a duplicate,	7650
finds the original, immediately shall surrender the original to	7651
the registrar or a deputy registrar.	7652

A cardholder may obtain a replacement identification card	7653
that reflects any change of the cardholder's name by furnishing	7654
suitable proof of the change to the registrar or a deputy	7655
registrar and surrendering the cardholder's existing card.	7656

When a cardholder applies for a duplicate or obtains a	7657
replacement identification card, the cardholder shall pay a fee of	7658
two dollars and fifty cents. A deputy registrar shall be allowed	7659
an additional fee of two dollars and seventy-five cents commencing	7660
on July 1, 2001, three dollars and twenty-five cents commencing on	7661
January 1, 2003, and three dollars and fifty cents commencing on	7662
January 1, 2004, for issuing a duplicate or replacement	7663
identification card. A disabled veteran who is a cardholder and	7664
has a service-connected disability rated at one hundred per cent	7665
by the veterans' administration may apply to the registrar or a	7666
deputy registrar for the issuance of a duplicate or replacement	7667
identification card without payment of any fee prescribed in this	7668
section, and without payment of any lamination fee if the disabled	7669
veteran would not be required to pay a lamination fee in	7670
connection with the issuance of an identification card or	7671
temporary identification card as provided in division (B) of	7672
section 4507.50 of the Revised Code.	7673

A duplicate or replacement identification card shall expire	7674
on the same date as the card it replaces.	7675

(C) The registrar shall cancel any card upon determining that	7676
the card was obtained unlawfully, issued in error, or was altered.	7677
The registrar also shall cancel any card that is surrendered to	7678
the registrar or to a deputy registrar after the holder has	7679
obtained a duplicate, replacement, or driver's or commercial	7680
driver's license.	7681

(D)(1) No agent of the state or its political subdivisions	7682
shall condition the granting of any benefit, service, right, or	7683
privilege upon the possession by any person of an identification	7684
card. Nothing in this section shall preclude any publicly operated	7685
or franchised transit system from using an identification card for	7686
the purpose of granting benefits or services of the system.	7687

(2) No person shall be required to apply for, carry, or	7688
possess an identification card.	7689

(E) Except in regard to an identification card issued to a	7690
person who applies no more than thirty days before the applicant's	7691
twenty-first birthday, neither the registrar nor any deputy	7692
registrar shall issue an identification card to a person under	7693
twenty-one years of age that does not have the characteristics	7694
prescribed by the registrar distinguishing it from the	7695
identification card issued to persons who are twenty-one years of	7696
age or older.	7697

(F) Whoever violates division (E) of this section is guilty	7698
of a minor misdemeanor.	7699

Section 2. That existing sections 3501.01, 3501.02, 3501.03,	7700
3501.05, 3501.07, 3501.10, 3501.11, 3501.17, 3501.18, 3501.21,	7701
3501.30, 3501.38, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11,	7702
3503.14, 3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28,	7703
3505.03, 3505.04, 3505.06, 3505.062, 3505.08, 3505.10, 3505.12,	7704
3505.13, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20,	7705
3505.21, 3505.23, 3505.28, 3505.30, 3506.11, 3506.12, 3506.21,	7706
3509.01, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06,	7707
3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06, 3511.08,	7708
3511.10, 3511.11, 3511.13, 3513.05, 3513.19, 3513.30, 3513.31,	7709
3517.01, 3517.012, 3517.02, 3517.03, 3521.03, 4507.13, and	7710
4507.52 and sections 3503.18, 3505.19, 3505.22, 3506.13,	7711
3509.07, 3511.07, 3511.09, 3511.12, and 3513.20 of the Revised	7712
Code are hereby repealed.	7713

Section 3. (A) As used in this section, "county vote center"	7714
means a polling location at which any person registered to vote in	7715
a county may appear to cast a ballot on the day of a general	7716
election, regardless of the location of the precinct within the	7717
county in which the person resides.	7718

(B)(1) The Secretary of State may implement a pilot project	7719
to evaluate the use of county vote centers for general elections	7720
for state and county office in the year 2010 as an alternative to	7721
operating precinct polling places.	7722

(2) A board of elections that desires to participate in the	7723
pilot project authorized by this section shall hold a public	7724
hearing regarding the county's potential participation in the	7725
pilot project. The board of elections shall submit a transcript or	7726
audio and video recording of the public comments made at the	7727
hearing to the Secretary of State. The Secretary of State may	7728
consider the public comments when selecting counties to	7729
participate in the pilot project.	7730

(C)(1) If the Secretary of State implements a pilot project	7731
under this section, the Secretary of State shall select one or	7732
more counties to participate in the project that meet all of the	7733
following requirements:	7734

(a) The county board of elections has held a public hearing	7735
as required under division (B)(2) of this section and submitted	7736
the required information to the Secretary of State;	7737

(b) The county board of elections has implemented a	7738
computerized voter registration list that allows an election	7739
official at the county vote center to verify that a person who	7740
appears to vote at the county vote center has not otherwise voted	7741
in the same election; and	7742

(c) The Secretary of State has determined that the county has	7743
the appropriate capabilities to implement county vote centers.	7744

(2) In selecting one or more counties for participation in a	7745
pilot project under this section, the Secretary of State shall	7746
attempt to include counties of diverse geography, population,	7747
race, and location within the state, to the extent practicable.	7748

(D) Following the conclusion of the pilot project, and not	7749
later than January 1, 2011, the Secretary of State shall file a	7750
report regarding the pilot project with the Speaker of the House	7751
of Representatives and the President of the Senate. The report may	7752
include the Secretary of State's recommendations on the future use	7753
of county vote centers and suggestions for permanent statutory	7754
authority regarding county vote centers.	7755

Section 4. (A) Notwithstanding any provision of Chapter 3509.	7756
or 3511. of the Revised Code to the contrary, the Secretary of	7757
State may implement a pilot project to evaluate the effectiveness	7758
and reliability of transmitting unvoted absent voter's ballots and	7759
unvoted armed service absent voter's ballots by secure electronic	7760
transmission to voters who are eligible to vote those ballots	7761
under the "Uniformed and Overseas Citizens Absent Voting Act,"	7762
Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as	7763
amended. Any pilot project implemented under this section shall be	7764
concluded not later than December 1, 2010.	7765

(B) If the Secretary of State implements a pilot project	7766
under this section, the Secretary of State shall select one or	7767
more counties to participate in the project. In selecting one or	7768
more counties for participation in a pilot project under this	7769
section, the Secretary of State shall do both of the following:	7770

(1) Select counties that have the necessary technological	7771
means to transmit ballots by secure electronic transmission; and	7772

(2) Attempt to include counties of diverse geography,	7773
population, race, and location within the state, to the extent	7774
practicable.	7775

(C) Following the conclusion of the pilot project, and not	7776
later than January 1, 2011, the Secretary of State shall file a	7777
report regarding the pilot project with the Speaker of the House	7778
of Representatives and the President of the Senate. The report may	7779
include the Secretary of State's recommendations on the future	7780
use of secure electronic transmission of unvoted absent voter's	7781
ballots and armed service absent voter's ballots and suggestions	7782
for permanent statutory authority regarding such electronic ballot	7783
transmission.	7784

Section 5. The General Assembly, applying the principle	7785
stated in division (B) of section 1.52 of the Revised Code that	7786
amendments are to be harmonized if reasonably capable of	7787
simultaneous operation, finds that the following section,	7788
presented in this act as a composite of the section as amended by	7789
the acts indicated, is the resulting versions of the section in	7790
effect prior to the effective date of the section as presented in	7791
this act:	7792

Section 3509.05 of the Revised Code as amended by both Am.	7793
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General	7794
Assembly.	7795