As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 391

Representative Chandler 

Cosponsors: Representatives Harris, Weddington, Williams, B., Boyd, Foley, Fende, Domenick, Yuko, Williams, S., Brown, Murray, Ujvagi, Garland, Phillips, Heard, Hagan, Lehner 

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A BILL

To amend sections 149.43, 3503.15, and 3509.03 and to

1

enact sections 111.31 to 111.40 and 3503.151 of

2

the Revised Code to establish an address

3

confidentiality program for individuals who

4

reasonably believe that they are in danger of

5

being threatened or physically harmed by another

6

person.

7

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

Section 1.  That sections 149.43, 3503.15, and 3509.03 be	8
amended and sections 111.31, 111.32, 111.33, 111.34, 111.35,	9
111.36, 111.37, 111.38, 111.39, 111.40, and 3503.151 of the	10
Revised Code be enacted to read as follows:	11

Sec. 111.31. As used in sections 111.31 to 111.40 of the	12
Revised Code:	13

(A) "Abused child" has the same meaning as in section	14
2151.031 of the Revised Code and also includes any child who is	15
the victim of threats of the commission of any act covered by that	16
section.	17

(B) "Address" means a residential street address, school	18
address, or work address of a person as specified on an	19
application to be a program participant under section 111.32 of	20
the Revised Code.	21

(C) "Application assistant" means a person who is designated	22
by a court of common pleas, a municipal court, a county court, or	23
the secretary of state to help individuals complete applications	24
to be program participants and who has received training and	25
certification from the secretary of state for that purpose.	26

(D) "Confidential address" means an address that is required	27
to be kept confidential once a program participant is certified	28
under division (C) of section 111.32 of the Revised Code.	29

(E) "Governmental entity" means the state, a political	30
subdivision of the state, or any department, agency, board,	31
commission, or other instrumentality of the state or a political	32
subdivision of the state.	33

(F) "Guardian," "incompetent," "parent," and "ward" have the	34
same meanings as in section 2111.01 of the Revised Code.	35

(G) "Program participant" means a person certified as a	36
program participant under sections 111.31 to 111.40 of the Revised	37
Code.	38

(H) "Shelter for victims of domestic violence" has the same	39
meaning as in section 3113.33 of the Revised Code.	40

Sec. 111.32. (A) An adult person, a parent, or a guardian	41
acting on behalf of a minor, incompetent, or ward may apply with	42
the assistance of an application assistant to the secretary of	43
state to have an address designated by the secretary of state	44
serve as the person's address or the address of the minor,	45
incompetent, or ward. The secretary of state shall approve an	46
application if it is filed in the manner and on the form	47
prescribed under sections 111.31 to 111.40 of the Revised Code and	48
if it contains all of the following:	49

(1) A sworn statement by the applicant that the applicant	50
fears for the safety of the applicant, the applicant's children,	51
or the minor, incompetent, or ward on whose behalf the application	52
is made and that one or more of the following apply:	53

(a) The applicant provides proof that the applicant, any of	54
the applicant's children, or the minor, incompetent, or ward on	55
whose behalf the application is made is a victim of a violation of	56
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	57
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,	58
2907.09, 2911.211, 2919.22, or 2919.25 of the Revised Code.	59

(b) The applicant provides proof that the applicant, any of	60
the applicant's children, or the minor, incompetent, or ward on	61
whose behalf the application is made has a protection order issued	62
or consent agreement approved under section 2903.213, 2903.214, or	63
3113.31 of the Revised Code or a protection order issued by a	64
court of another state that has been registered under section	65
2919.272 of the Revised Code.	66

(c) The applicant reasonably fears that the applicant, any of	67
the applicant's children, or the minor, incompetent, or ward on	68
whose behalf the application is made is in danger of being	69
threatened or physically harmed by another person.	70

(2) A designation of the secretary of state as the agent for	71
the purposes of receiving service of process and the receipt of	72
mail;	73

(3) The mailing address at which the applicant may be	74
contacted by the secretary of state, and the telephone number or	75
numbers at which the applicant may be called by the secretary of	76
state;	77

(4) The new address or addresses that the applicant requests	78
not be disclosed for the reason that disclosure will increase the	79
risk that the applicant, the applicant's children, or the minor,	80
incompetent, or ward on whose behalf the application is made will	81
be threatened or physically harmed by another person;	82

(5) The signature of the applicant, the name, work address,	83
and signature of the application assistant who assisted the	84
applicant in applying to become a program participant, and the	85
date on which the applicant and application assistant signed the	86
application;	87

(6) The name, occupation if known, and contact information if	88
known of the person the applicant reasonably believes will	89
threaten or physically harm the applicant, the applicant's	90
children, or the minor, incompetent, or ward on whose behalf the	91
application is made.	92

(B) Any person who files an application under division (A) of	93
this section shall file the application with the office of the	94
secretary of state.	95

(C) Upon the filing of a properly completed application, the	96
secretary of state shall certify the applicant or the minor,	97
incompetent, or ward on whose behalf the application is filed as a	98
program participant. The certification of a program participant	99
shall be valid for four years after the date of the filing of the	100
application for the program participant unless the certification	101
is withdrawn or invalidated before the end of that four-year	102
period. A program participant may renew the program participant's	103
certification pursuant to the renewal procedure adopted by the	104
secretary of state under section 111.40 of the Revised Code.	105

(D) No person shall falsely attest in an application that	106
disclosure of the applicant's address would endanger the	107
applicant's safety, the safety of the applicant's children, or the	108
safety of the minor, incompetent, or ward on whose behalf the	109
application is made or knowingly provide false or incorrect	110
information upon making an application. A violation of this	111
prohibition shall be grounds for removal from the address	112
confidentiality program.	113

Sec. 111.33. (A) A program participant may request that a	114
governmental entity use the address designated by the secretary of	115
state as the program participant's address. Except as otherwise	116
provided in division (D) of this section, if the program	117
participant requests that a governmental entity use that address,	118
the governmental entity shall accept that address.	119

(B) A program participant may use the address designated by	120
the secretary of state as the program participant's address at the	121
program participant's place of employment.	122

(C)(1) The office of the secretary of state shall daily place	123
all first class mail of a program participant that the secretary	124
of state receives that day into an envelope or package and mail	125
that envelope or package to the program participant at the mailing	126
address of the program participant provided in the program	127
participant's application under section 111.32 of the Revised	128
Code.	129

(2) The secretary of state may contract with the United	130
States postal service to establish special postal rates for the	131
envelopes or packages used in mailing a program participant's	132
first class mail under this section.	133

(D) Division (A) of this section does not apply to a	134
municipal-owned public utility. The confidential addresses of	135
participants of the address confidentiality program that are	136
maintained by a municipal-owned public utility are not a public	137
record and shall not be released by a municipal-owned public	138
utility or by any employee of a municipal-owned public utility.	139

Sec. 111.34. (A) Except as otherwise provided in this	140
section, a program participant who is a qualified elector may vote	141
by absent voter's ballots under Chapter 3509. of the Revised Code.	142
The program participant shall apply to the secretary of state for	143
those ballots using the participant's confidential address.	144
Bipartisan teams of employees of the office of the secretary of	145
state shall determine the precinct in which the program	146
participant resides and the ballot style that the program	147
participant should receive and shall request the program	148
participant absent voter's ballot from the board of elections. The	149
board of elections shall send to the secretary of state the	150
ballots appropriate for the precinct where the participant's true	151
residence is located. The office of the secretary of state shall	152
forward the ballot to the program participant and instruct the	153
program participant to return the program participant's ballot to	154
the office of the secretary of state. Bipartisan teams of	155
employees of the office of the secretary of state shall verify	156
that the program participant is registered and eligible to vote	157
using the secretary of state's participant voter registration	158
system and that the ballot envelope was properly completed before	159
forwarding for tabulation the ballot to the board of elections in	160
the county where the program participant voter resides. The absent	161
voter's ballots provided to program participants shall be referred	162
to as "ACP absent voter's ballots." The board of elections shall	163
accept all ballots forwarded by the secretary of state that are	164
postmarked prior to election day for up to ten days after election	165
day.	166

(B) Each employee of the office of the secretary of state who	167
serves on a bipartisan team that handles program participants'	168
absent voter's ballots shall subscribe to an oath that the	169
employee will faithfully execute the employee's duties to the best	170
of the employee's ability.	171

(C) Except as otherwise provided in sections 111.35 and	172
111.36 of the Revised Code and notwithstanding any provision of	173
sections 3503.15 and 3503.26 or any other section of the Revised	174
Code to the contrary, the secretary of state shall not disclose or	175
make a program participant's voter registration record available	176
for public inspection or copying. A program participant's voter	177
registration record will be subject to a mandatory audit every	178
four years by the auditor of state. The results of that audit are	179
not a public record and shall be kept only by the auditor of state	180
and the secretary of state.	181

(D) "Bipartisan teams" means two designated employees of the	182
office of the secretary of state who are from different political	183
parties.	184

Sec. 111.35. (A) A person may petition the court of common	185
pleas of Franklin county for a hearing to order the secretary of	186
state to make a program participant's confidential address	187
available to the person.	188

(B) Upon the filing of a petition under this section, the	189
court shall fix a date for a hearing on it and require the clerk	190
of the court of common pleas of Franklin county to serve a notice	191
of the date, time, place, and purpose of the hearing upon the	192
petitioner and the program participant. The clerk shall notify by	193
electronic means the secretary of state on behalf of the program	194
participant and shall send the notice by certified mail, return	195
receipt requested, to the participant.	196

(C) Upon receipt of a notice under division (B) of this	197
section by the secretary of state, the secretary of state shall	198
forward by certified mail, return receipt requested, a copy of the	199
individual notice to the program participant at the program	200
participant's confidential address. The return receipt shall be	201
addressed to the clerk of the applicable court of common pleas.	202
The court shall not hear the petition until the clerk receives the	203
return receipt containing proof of service of the notice upon the	204
program participant.	205

(D) At a hearing under this section, the program participant	206
or the program participant's attorney may appear and be heard.	207
After the hearing and considering the testimony, the court shall	208
issue the requested order only if good cause is shown for the	209
order and it appears to the court by clear and convincing evidence	210
that the disclosure of the program participant's confidential	211
address will not increase the risk that the program participant	212
will be threatened or harmed by another person.	213

Sec. 111.36. (A) Notwithstanding any provision of sections	214
3503.15 and 3503.26 or any other section of the Revised Code to	215
the contrary, the secretary of state shall not disclose or make a	216
program participant's confidential address available for	217
inspection or copying, except under the following circumstances:	218

(1) If a member of a law enforcement agency has a legitimate	219
law enforcement purpose for seeking the confidential address and	220
obtains a court order requiring the office of the secretary of	221
state to release a program participant's confidential address to	222
that person, the office of the secretary of state shall make the	223
program participant's confidential address available to that	224
person.	225

(2) If a court orders that a program participant's	226
confidential address be made available to a person under section	227
111.35 of the Revised Code, the secretary of state shall make it	228
available to the person named in the court order.	229

(3) If the secretary of state has canceled a program	230
participant's certification under section 111.37 of the Revised	231
Code, the secretary of state may make the address available for	232
inspection or copying under section 3503.26 of the Revised Code.	233

(B) No person who obtains the confidential address of a	234
program participant shall knowingly disclose the confidential	235
address to any person not authorized to receive that confidential	236
address. Whoever violates this division is guilty of a felony of	237
the fifth degree.	238

Sec. 111.37. (A) The secretary of state shall immediately	239
cancel the certification of a program participant under either of	240
the following circumstances:	241

(1) The program participant's application contained one or	242
more false statements.	243

(2) The program participant requests to cease being a program	244
participant.	245

(B) The secretary of state may cancel the certification of a	246
program participant if the program participant's address changes	247
from any address listed on the application made under section	248
111.32 of the Revised Code, unless the program participant or the	249
person who applied for the program on behalf of the program	250
participant provides the secretary of state with written notice of	251
the change of address within fourteen days after the change of	252
address occurs.	253

Sec. 111.38. (A) The secretary of state may designate one or	254
more employees or volunteers of various shelters for victims of	255
domestic violence or other agencies within a county that serve	256
victims of abuse to serve as application assistants for the	257
applicants.	258

(B) Application assistants shall comply with the requirements	259
for training and certification adopted by the secretary of state	260
under section 111.40 of the Revised Code.	261

Sec. 111.39. (A) Notwithstanding any provision of Chapter	262
2743. or any other section of the Revised Code to the contrary,	263
the state and the office of the secretary of state are not liable	264
in damages for injury, death, or loss to person or property that	265
allegedly arises from the performance of the secretary of state's	266
duties under sections 111.31 to 111.40 of the Revised Code.	267
Section 9.86 of the Revised Code applies to all officers and	268
employees of the office of the secretary of state in relation to	269
that performance.	270

(B) Any assistance or counseling rendered to program	271
applicants or program participants by the office of the secretary	272
of state or by certified application assistants is not legal	273
advice.	274

Sec. 111.40. (A) The secretary of state shall adopt rules	275
under Chapter 119. of the Revised Code to facilitate the	276
administration of sections 111.31 to 111.40 of the Revised Code.	277

(B) The secretary of state also shall adopt rules under	278
Chapter 119. of the Revised Code to establish the following:	279

(1) Guidelines for maintaining the confidentiality of the	280
voter registration records of program participants;	281

(2) Requirements for the training and certification of	282
application assistants;	283

(3) The application for certification as a program	284
participant;	285

(4) The procedure for renewal of certification as a program	286
participant.	287

(C) The secretary of state shall prescribe forms necessary	288
for the administration of the address confidentiality program,	289
including, but not limited to, an address confidentiality program	290
identification card. Application assistants and other persons	291
involved in registering participants in the address	292
confidentiality program shall use the forms prescribed by the	293
secretary of state.	294

Sec. 149.43.  (A) As used in this section:

295

(1) "Public record" means records kept by any public office,	296
including, but not limited to, state, county, city, village,	297
township, and school district units, and records pertaining to the	298
delivery of educational services by an alternative school in this	299
state kept by the nonprofit or for-profit entity operating the	300
alternative school pursuant to section 3313.533 of the Revised	301
Code. "Public record" does not mean any of the following:	302

(a) Medical records;

303

(b) Records pertaining to probation and parole proceedings or	304
to proceedings related to the imposition of community control	305
sanctions and post-release control sanctions;	306

(c) Records pertaining to actions under section 2151.85 and	307
division (C) of section 2919.121 of the Revised Code and to	308
appeals of actions arising under those sections;	309

(d) Records pertaining to adoption proceedings, including the	310
contents of an adoption file maintained by the department of	311
health under section 3705.12 of the Revised Code;	312

(e) Information in a record contained in the putative father	313
registry established by section 3107.062 of the Revised Code,	314
regardless of whether the information is held by the department of	315
job and family services or, pursuant to section 3111.69 of the	316
Revised Code, the office of child support in the department or a	317
child support enforcement agency;	318

(f) Records listed in division (A) of section 3107.42 of the	319
Revised Code or specified in division (A) of section 3107.52 of	320
the Revised Code;	321

(g) Trial preparation records;

322

(h) Confidential law enforcement investigatory records;

323

(i) Records containing information that is confidential under	324
section 2710.03 or 4112.05 of the Revised Code;	325

(j) DNA records stored in the DNA database pursuant to	326
section 109.573 of the Revised Code;	327

(k) Inmate records released by the department of	328
rehabilitation and correction to the department of youth services	329
or a court of record pursuant to division (E) of section 5120.21	330
of the Revised Code;	331

(l) Records maintained by the department of youth services	332
pertaining to children in its custody released by the department	333
of youth services to the department of rehabilitation and	334
correction pursuant to section 5139.05 of the Revised Code;	335

(m) Intellectual property records;

336

(n) Donor profile records;

337

(o) Records maintained by the department of job and family	338
services pursuant to section 3121.894 of the Revised Code;	339

(p) Peace officer, parole officer, prosecuting attorney,	340
assistant prosecuting attorney, correctional employee, youth	341
services employee, firefighter, EMT, or investigator of the bureau	342
of criminal identification and investigation residential and	343
familial information;	344

(q) In the case of a county hospital operated pursuant to	345
Chapter 339. of the Revised Code or a municipal hospital operated	346
pursuant to Chapter 749. of the Revised Code, information that	347
constitutes a trade secret, as defined in section 1333.61 of the	348
Revised Code;	349

(r) Information pertaining to the recreational activities of	350
a person under the age of eighteen;	351

(s) Records provided to, statements made by review board	352
members during meetings of, and all work products of a child	353
fatality review board acting under sections 307.621 to 307.629 of	354
the Revised Code, and child fatality review data submitted by the	355
child fatality review board to the department of health or a	356
national child death review database, other than the report	357
prepared pursuant to division (A) of section 307.626 of the	358
Revised Code;	359

(t) Records provided to and statements made by the executive	360
director of a public children services agency or a prosecuting	361
attorney acting pursuant to section 5153.171 of the Revised Code	362
other than the information released under that section;	363

(u) Test materials, examinations, or evaluation tools used in	364
an examination for licensure as a nursing home administrator that	365
the board of examiners of nursing home administrators administers	366
under section 4751.04 of the Revised Code or contracts under that	367
section with a private or government entity to administer;	368

(v) Records the release of which is prohibited by state or	369
federal law;	370

(w) Proprietary information of or relating to any person that	371
is submitted to or compiled by the Ohio venture capital authority	372
created under section 150.01 of the Revised Code;	373

(x) Information reported and evaluations conducted pursuant	374
to section 3701.072 of the Revised Code;	375

(y) Financial statements and data any person submits for any	376
purpose to the Ohio housing finance agency or the controlling	377
board in connection with applying for, receiving, or accounting	378
for financial assistance from the agency, and information that	379
identifies any individual who benefits directly or indirectly from	380
financial assistance from the agency;	381

(z) Records listed in section 5101.29 of the Revised Code.

382

(aa) Discharges recorded with a county recorder under section	383
317.24 of the Revised Code, as specified in division (B)(2) of	384
that section;	385

(bb) The confidential address of a participant of the address	386
confidentiality program under sections 111.31 to 111.40 of the	387
Revised Code.	388

(2) "Confidential law enforcement investigatory record" means	389
any record that pertains to a law enforcement matter of a	390
criminal, quasi-criminal, civil, or administrative nature, but	391
only to the extent that the release of the record would create a	392
high probability of disclosure of any of the following:	393

(a) The identity of a suspect who has not been charged with	394
the offense to which the record pertains, or of an information	395
source or witness to whom confidentiality has been reasonably	396
promised;	397

(b) Information provided by an information source or witness	398
to whom confidentiality has been reasonably promised, which	399
information would reasonably tend to disclose the source's or	400
witness's identity;	401

(c) Specific confidential investigatory techniques or	402
procedures or specific investigatory work product;	403

(d) Information that would endanger the life or physical	404
safety of law enforcement personnel, a crime victim, a witness, or	405
a confidential information source.	406

(3) "Medical record" means any document or combination of	407
documents, except births, deaths, and the fact of admission to or	408
discharge from a hospital, that pertains to the medical history,	409
diagnosis, prognosis, or medical condition of a patient and that	410
is generated and maintained in the process of medical treatment.	411

(4) "Trial preparation record" means any record that contains	412
information that is specifically compiled in reasonable	413
anticipation of, or in defense of, a civil or criminal action or	414
proceeding, including the independent thought processes and	415
personal trial preparation of an attorney.	416

(5) "Intellectual property record" means a record, other than	417
a financial or administrative record, that is produced or	418
collected by or for faculty or staff of a state institution of	419
higher learning in the conduct of or as a result of study or	420
research on an educational, commercial, scientific, artistic,	421
technical, or scholarly issue, regardless of whether the study or	422
research was sponsored by the institution alone or in conjunction	423
with a governmental body or private concern, and that has not been	424
publicly released, published, or patented.	425

(6) "Donor profile record" means all records about donors or	426
potential donors to a public institution of higher education	427
except the names and reported addresses of the actual donors and	428
the date, amount, and conditions of the actual donation.	429

(7) "Peace officer, parole officer, prosecuting attorney,	430
assistant prosecuting attorney, correctional employee, youth	431
services employee, firefighter, EMT, or investigator of the bureau	432
of criminal identification and investigation residential and	433
familial information" means any information that discloses any of	434
the following about a peace officer, parole officer, prosecuting	435
attorney, assistant prosecuting attorney, correctional employee,	436
youth services employee, firefighter, EMT, or investigator of the	437
bureau of criminal identification and investigation:	438

(a) The address of the actual personal residence of a peace	439
officer, parole officer, assistant prosecuting attorney,	440
correctional employee, youth services employee, firefighter, EMT,	441
or an investigator of the bureau of criminal identification and	442
investigation, except for the state or political subdivision in	443
which the peace officer, parole officer, assistant prosecuting	444
attorney, correctional employee, youth services employee,	445
firefighter, EMT, or investigator of the bureau of criminal	446
identification and investigation resides;	447

(b) Information compiled from referral to or participation in	448
an employee assistance program;	449

(c) The social security number, the residential telephone	450
number, any bank account, debit card, charge card, or credit card	451
number, or the emergency telephone number of, or any medical	452
information pertaining to, a peace officer, parole officer,	453
prosecuting attorney, assistant prosecuting attorney, correctional	454
employee, youth services employee, firefighter, EMT, or	455
investigator of the bureau of criminal identification and	456
investigation;	457

(d) The name of any beneficiary of employment benefits,	458
including, but not limited to, life insurance benefits, provided	459
to a peace officer, parole officer, prosecuting attorney,	460
assistant prosecuting attorney, correctional employee, youth	461
services employee, firefighter, EMT, or investigator of the bureau	462
of criminal identification and investigation by the peace	463
officer's, parole officer's, prosecuting attorney's, assistant	464
prosecuting attorney's, correctional employee's, youth services	465
employee's, firefighter's, EMT's, or investigator of the bureau of	466
criminal identification and investigation's employer;	467

(e) The identity and amount of any charitable or employment	468
benefit deduction made by the peace officer's, parole officer's,	469
prosecuting attorney's, assistant prosecuting attorney's,	470
correctional employee's, youth services employee's, firefighter's,	471
EMT's, or investigator of the bureau of criminal identification	472
and investigation's employer from the peace officer's, parole	473
officer's, prosecuting attorney's, assistant prosecuting	474
attorney's, correctional employee's, youth services employee's,	475
firefighter's, EMT's, or investigator of the bureau of criminal	476
identification and investigation's compensation unless the amount	477
of the deduction is required by state or federal law;	478

(f) The name, the residential address, the name of the	479
employer, the address of the employer, the social security number,	480
the residential telephone number, any bank account, debit card,	481
charge card, or credit card number, or the emergency telephone	482
number of the spouse, a former spouse, or any child of a peace	483
officer, parole officer, prosecuting attorney, assistant	484
prosecuting attorney, correctional employee, youth services	485
employee, firefighter, EMT, or investigator of the bureau of	486
criminal identification and investigation;	487

(g) A photograph of a peace officer who holds a position or	488
has an assignment that may include undercover or plain clothes	489
positions or assignments as determined by the peace officer's	490
appointing authority.	491

As used in divisions (A)(7) and (B)(9) of this section,	492
"peace officer" has the same meaning as in section 109.71 of the	493
Revised Code and also includes the superintendent and troopers of	494
the state highway patrol; it does not include the sheriff of a	495
county or a supervisory employee who, in the absence of the	496
sheriff, is authorized to stand in for, exercise the authority of,	497
and perform the duties of the sheriff.	498

As used in divisions (A)(7) and (B)(5) of this section,	499
"correctional employee" means any employee of the department of	500
rehabilitation and correction who in the course of performing the	501
employee's job duties has or has had contact with inmates and	502
persons under supervision.	503

As used in divisions (A)(7) and (B)(5) of this section,	504
"youth services employee" means any employee of the department of	505
youth services who in the course of performing the employee's job	506
duties has or has had contact with children committed to the	507
custody of the department of youth services.	508

As used in divisions (A)(7) and (B)(9) of this section,	509
"firefighter" means any regular, paid or volunteer, member of a	510
lawfully constituted fire department of a municipal corporation,	511
township, fire district, or village.	512

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	513
means EMTs-basic, EMTs-I, and paramedics that provide emergency	514
medical services for a public emergency medical service	515
organization. "Emergency medical service organization,"	516
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	517
section 4765.01 of the Revised Code.	518

As used in divisions (A)(7) and (B)(9) of this section,	519
"investigator of the bureau of criminal identification and	520
investigation" has the meaning defined in section 2903.11 of the	521
Revised Code.	522

(8) "Information pertaining to the recreational activities of	523
a person under the age of eighteen" means information that is kept	524
in the ordinary course of business by a public office, that	525
pertains to the recreational activities of a person under the age	526
of eighteen years, and that discloses any of the following:	527

(a) The address or telephone number of a person under the age	528
of eighteen or the address or telephone number of that person's	529
parent, guardian, custodian, or emergency contact person;	530

(b) The social security number, birth date, or photographic	531
image of a person under the age of eighteen;	532

(c) Any medical record, history, or information pertaining to	533
a person under the age of eighteen;	534

(d) Any additional information sought or required about a	535
person under the age of eighteen for the purpose of allowing that	536
person to participate in any recreational activity conducted or	537
sponsored by a public office or to use or obtain admission	538
privileges to any recreational facility owned or operated by a	539
public office.	540

(9) "Community control sanction" has the same meaning as in	541
section 2929.01 of the Revised Code.	542

(10) "Post-release control sanction" has the same meaning as	543
in section 2967.01 of the Revised Code.	544

(11) "Redaction" means obscuring or deleting any information	545
that is exempt from the duty to permit public inspection or	546
copying from an item that otherwise meets the definition of a	547
"record" in section 149.011 of the Revised Code.	548

(12) "Designee" and "elected official" have the same meanings	549
as in section 109.43 of the Revised Code.	550

(B)(1) Upon request and subject to division (B)(8) of this	551
section, all public records responsive to the request shall be	552
promptly prepared and made available for inspection to any person	553
at all reasonable times during regular business hours. Subject to	554
division (B)(8) of this section, upon request, a public office or	555
person responsible for public records shall make copies of the	556
requested public record available at cost and within a reasonable	557
period of time. If a public record contains information that is	558
exempt from the duty to permit public inspection or to copy the	559
public record, the public office or the person responsible for the	560
public record shall make available all of the information within	561
the public record that is not exempt. When making that public	562
record available for public inspection or copying that public	563
record, the public office or the person responsible for the public	564
record shall notify the requester of any redaction or make the	565
redaction plainly visible. A redaction shall be deemed a denial of	566
a request to inspect or copy the redacted information, except if	567
federal or state law authorizes or requires a public office to	568
make the redaction.	569

(2) To facilitate broader access to public records, a public	570
office or the person responsible for public records shall organize	571
and maintain public records in a manner that they can be made	572
available for inspection or copying in accordance with division	573
(B) of this section. A public office also shall have available a	574
copy of its current records retention schedule at a location	575
readily available to the public. If a requester makes an ambiguous	576
or overly broad request or has difficulty in making a request for	577
copies or inspection of public records under this section such	578
that the public office or the person responsible for the requested	579
public record cannot reasonably identify what public records are	580
being requested, the public office or the person responsible for	581
the requested public record may deny the request but shall provide	582
the requester with an opportunity to revise the request by	583
informing the requester of the manner in which records are	584
maintained by the public office and accessed in the ordinary	585
course of the public office's or person's duties.	586

(3) If a request is ultimately denied, in part or in whole,	587
the public office or the person responsible for the requested	588
public record shall provide the requester with an explanation,	589
including legal authority, setting forth why the request was	590
denied. If the initial request was provided in writing, the	591
explanation also shall be provided to the requester in writing.	592
The explanation shall not preclude the public office or the person	593
responsible for the requested public record from relying upon	594
additional reasons or legal authority in defending an action	595
commenced under division (C) of this section.	596

(4) Unless specifically required or authorized by state or	597
federal law or in accordance with division (B) of this section, no	598
public office or person responsible for public records may limit	599
or condition the availability of public records by requiring	600
disclosure of the requester's identity or the intended use of the	601
requested public record. Any requirement that the requester	602
disclose the requestor's identity or the intended use of the	603
requested public record constitutes a denial of the request.	604

(5) A public office or person responsible for public records	605
may ask a requester to make the request in writing, may ask for	606
the requester's identity, and may inquire about the intended use	607
of the information requested, but may do so only after disclosing	608
to the requester that a written request is not mandatory and that	609
the requester may decline to reveal the requester's identity or	610
the intended use and when a written request or disclosure of the	611
identity or intended use would benefit the requester by enhancing	612
the ability of the public office or person responsible for public	613
records to identify, locate, or deliver the public records sought	614
by the requester.	615

(6) If any person chooses to obtain a copy of a public record	616
in accordance with division (B) of this section, the public office	617
or person responsible for the public record may require that	618
person to pay in advance the cost involved in providing the copy	619
of the public record in accordance with the choice made by the	620
person seeking the copy under this division. The public office or	621
the person responsible for the public record shall permit that	622
person to choose to have the public record duplicated upon paper,	623
upon the same medium upon which the public office or person	624
responsible for the public record keeps it, or upon any other	625
medium upon which the public office or person responsible for the	626
public record determines that it reasonably can be duplicated as	627
an integral part of the normal operations of the public office or	628
person responsible for the public record. When the person seeking	629
the copy makes a choice under this division, the public office or	630
person responsible for the public record shall provide a copy of	631
it in accordance with the choice made by the person seeking the	632
copy. Nothing in this section requires a public office or person	633
responsible for the public record to allow the person seeking a	634
copy of the public record to make the copies of the public record.	635

(7) Upon a request made in accordance with division (B) of	636
this section and subject to division (B)(6) of this section, a	637
public office or person responsible for public records shall	638
transmit a copy of a public record to any person by United States	639
mail or by any other means of delivery or transmission within a	640
reasonable period of time after receiving the request for the	641
copy. The public office or person responsible for the public	642
record may require the person making the request to pay in advance	643
the cost of postage if the copy is transmitted by United States	644
mail or the cost of delivery if the copy is transmitted other than	645
by United States mail, and to pay in advance the costs incurred	646
for other supplies used in the mailing, delivery, or transmission.	647

Any public office may adopt a policy and procedures that it	648
will follow in transmitting, within a reasonable period of time	649
after receiving a request, copies of public records by United	650
States mail or by any other means of delivery or transmission	651
pursuant to this division. A public office that adopts a policy	652
and procedures under this division shall comply with them in	653
performing its duties under this division.	654

In any policy and procedures adopted under this division, a	655
public office may limit the number of records requested by a	656
person that the office will transmit by United States mail to ten	657
per month, unless the person certifies to the office in writing	658
that the person does not intend to use or forward the requested	659
records, or the information contained in them, for commercial	660
purposes. For purposes of this division, "commercial" shall be	661
narrowly construed and does not include reporting or gathering	662
news, reporting or gathering information to assist citizen	663
oversight or understanding of the operation or activities of	664
government, or nonprofit educational research.	665

(8) A public office or person responsible for public records	666
is not required to permit a person who is incarcerated pursuant to	667
a criminal conviction or a juvenile adjudication to inspect or to	668
obtain a copy of any public record concerning a criminal	669
investigation or prosecution or concerning what would be a	670
criminal investigation or prosecution if the subject of the	671
investigation or prosecution were an adult, unless the request to	672
inspect or to obtain a copy of the record is for the purpose of	673
acquiring information that is subject to release as a public	674
record under this section and the judge who imposed the sentence	675
or made the adjudication with respect to the person, or the	676
judge's successor in office, finds that the information sought in	677
the public record is necessary to support what appears to be a	678
justiciable claim of the person.	679

(9) Upon written request made and signed by a journalist on	680
or after December 16, 1999, a public office, or person responsible	681
for public records, having custody of the records of the agency	682
employing a specified peace officer, parole officer, prosecuting	683
attorney, assistant prosecuting attorney, correctional employee,	684
youth services employee, firefighter, EMT, or investigator of the	685
bureau of criminal identification and investigation shall disclose	686
to the journalist the address of the actual personal residence of	687
the peace officer, parole officer, prosecuting attorney, assistant	688
prosecuting attorney, correctional employee, youth services	689
employee, firefighter, EMT, or investigator of the bureau of	690
criminal identification and investigation and, if the peace	691
officer's, parole officer's, prosecuting attorney's, assistant	692
prosecuting attorney's, correctional employee's, youth services	693
employee's, firefighter's, EMT's, or investigator of the bureau of	694
criminal identification and investigation's spouse, former spouse,	695
or child is employed by a public office, the name and address of	696
the employer of the peace officer's, parole officer's, prosecuting	697
attorney's, assistant prosecuting attorney's, correctional	698
employee's, youth services employee's, firefighter's, EMT's, or	699
investigator of the bureau of criminal identification and	700
investigation's spouse, former spouse, or child. The request shall	701
include the journalist's name and title and the name and address	702
of the journalist's employer and shall state that disclosure of	703
the information sought would be in the public interest.	704

As used in this division, "journalist" means a person engaged	705
in, connected with, or employed by any news medium, including a	706
newspaper, magazine, press association, news agency, or wire	707
service, a radio or television station, or a similar medium, for	708
the purpose of gathering, processing, transmitting, compiling,	709
editing, or disseminating information for the general public.	710

(C)(1) If a person allegedly is aggrieved by the failure of a	711
public office or the person responsible for public records to	712
promptly prepare a public record and to make it available to the	713
person for inspection in accordance with division (B) of this	714
section or by any other failure of a public office or the person	715
responsible for public records to comply with an obligation in	716
accordance with division (B) of this section, the person allegedly	717
aggrieved may commence a mandamus action to obtain a judgment that	718
orders the public office or the person responsible for the public	719
record to comply with division (B) of this section, that awards	720
court costs and reasonable attorney's fees to the person that	721
instituted the mandamus action, and, if applicable, that includes	722
an order fixing statutory damages under division (C)(1) of this	723
section. The mandamus action may be commenced in the court of	724
common pleas of the county in which division (B) of this section	725
allegedly was not complied with, in the supreme court pursuant to	726
its original jurisdiction under Section 2 of Article IV, Ohio	727
Constitution, or in the court of appeals for the appellate	728
district in which division (B) of this section allegedly was not	729
complied with pursuant to its original jurisdiction under Section	730
3 of Article IV, Ohio Constitution.	731

If a requestor transmits a written request by hand delivery	732
or certified mail to inspect or receive copies of any public	733
record in a manner that fairly describes the public record or	734
class of public records to the public office or person responsible	735
for the requested public records, except as otherwise provided in	736
this section, the requestor shall be entitled to recover the	737
amount of statutory damages set forth in this division if a court	738
determines that the public office or the person responsible for	739
public records failed to comply with an obligation in accordance	740
with division (B) of this section.	741

The amount of statutory damages shall be fixed at one hundred	742
dollars for each business day during which the public office or	743
person responsible for the requested public records failed to	744
comply with an obligation in accordance with division (B) of this	745
section, beginning with the day on which the requester files a	746
mandamus action to recover statutory damages, up to a maximum of	747
one thousand dollars. The award of statutory damages shall not be	748
construed as a penalty, but as compensation for injury arising	749
from lost use of the requested information. The existence of this	750
injury shall be conclusively presumed. The award of statutory	751
damages shall be in addition to all other remedies authorized by	752
this section.	753

The court may reduce an award of statutory damages or not	754
award statutory damages if the court determines both of the	755
following:	756

(a) That, based on the ordinary application of statutory law	757
and case law as it existed at the time of the conduct or	758
threatened conduct of the public office or person responsible for	759
the requested public records that allegedly constitutes a failure	760
to comply with an obligation in accordance with division (B) of	761
this section and that was the basis of the mandamus action, a	762
well-informed public office or person responsible for the	763
requested public records reasonably would believe that the conduct	764
or threatened conduct of the public office or person responsible	765
for the requested public records did not constitute a failure to	766
comply with an obligation in accordance with division (B) of this	767
section;	768

(b) That a well-informed public office or person responsible	769
for the requested public records reasonably would believe that the	770
conduct or threatened conduct of the public office or person	771
responsible for the requested public records would serve the	772
public policy that underlies the authority that is asserted as	773
permitting that conduct or threatened conduct.	774

(2)(a) If the court issues a writ of mandamus that orders the	775
public office or the person responsible for the public record to	776
comply with division (B) of this section and determines that the	777
circumstances described in division (C)(1) of this section exist,	778
the court shall determine and award to the relator all court	779
costs.	780

(b) If the court renders a judgment that orders the public	781
office or the person responsible for the public record to comply	782
with division (B) of this section, the court may award reasonable	783
attorney's fees subject to reduction as described in division	784
(C)(2)(c) of this section. The court shall award reasonable	785
attorney's fees, subject to reduction as described in division	786
(C)(2)(c) of this section when either of the following applies:	787

(i) The public office or the person responsible for the	788
public records failed to respond affirmatively or negatively to	789
the public records request in accordance with the time allowed	790
under division (B) of this section.	791

(ii) The public office or the person responsible for the	792
public records promised to permit the relator to inspect or	793
receive copies of the public records requested within a specified	794
period of time but failed to fulfill that promise within that	795
specified period of time.	796

(c) Court costs and reasonable attorney's fees awarded under	797
this section shall be construed as remedial and not punitive.	798
Reasonable attorney's fees shall include reasonable fees incurred	799
to produce proof of the reasonableness and amount of the fees and	800
to otherwise litigate entitlement to the fees. The court may	801
reduce an award of attorney's fees to the relator or not award	802
attorney's fees to the relator if the court determines both of the	803
following:	804

(i) That, based on the ordinary application of statutory law	805
and case law as it existed at the time of the conduct or	806
threatened conduct of the public office or person responsible for	807
the requested public records that allegedly constitutes a failure	808
to comply with an obligation in accordance with division (B) of	809
this section and that was the basis of the mandamus action, a	810
well-informed public office or person responsible for the	811
requested public records reasonably would believe that the conduct	812
or threatened conduct of the public office or person responsible	813
for the requested public records did not constitute a failure to	814
comply with an obligation in accordance with division (B) of this	815
section;	816

(ii) That a well-informed public office or person responsible	817
for the requested public records reasonably would believe that the	818
conduct or threatened conduct of the public office or person	819
responsible for the requested public records as described in	820
division (C)(2)(c)(i) of this section would serve the public	821
policy that underlies the authority that is asserted as permitting	822
that conduct or threatened conduct.	823

(D) Chapter 1347. of the Revised Code does not limit the	824
provisions of this section.	825

(E)(1) To ensure that all employees of public offices are	826
appropriately educated about a public office's obligations under	827
division (B) of this section, all elected officials or their	828
appropriate designees shall attend training approved by the	829
attorney general as provided in section 109.43 of the Revised	830
Code. In addition, all public offices shall adopt a public records	831
policy in compliance with this section for responding to public	832
records requests. In adopting a public records policy under this	833
division, a public office may obtain guidance from the model	834
public records policy developed and provided to the public office	835
by the attorney general under section 109.43 of the Revised Code.	836
Except as otherwise provided in this section, the policy may not	837
limit the number of public records that the public office will	838
make available to a single person, may not limit the number of	839
public records that it will make available during a fixed period	840
of time, and may not establish a fixed period of time before it	841
will respond to a request for inspection or copying of public	842
records, unless that period is less than eight hours.	843

(2) The public office shall distribute the public records	844
policy adopted by the public office under division (E)(1) of this	845
section to the employee of the public office who is the records	846
custodian or records manager or otherwise has custody of the	847
records of that office. The public office shall require that	848
employee to acknowledge receipt of the copy of the public records	849
policy. The public office shall create a poster that describes its	850
public records policy and shall post the poster in a conspicuous	851
place in the public office and in all locations where the public	852
office has branch offices. The public office may post its public	853
records policy on the internet web site of the public office if	854
the public office maintains an internet web site. A public office	855
that has established a manual or handbook of its general policies	856
and procedures for all employees of the public office shall	857
include the public records policy of the public office in the	858
manual or handbook.	859

(F)(1) The bureau of motor vehicles may adopt rules pursuant	860
to Chapter 119. of the Revised Code to reasonably limit the number	861
of bulk commercial special extraction requests made by a person	862
for the same records or for updated records during a calendar	863
year. The rules may include provisions for charges to be made for	864
bulk commercial special extraction requests for the actual cost of	865
the bureau, plus special extraction costs, plus ten per cent. The	866
bureau may charge for expenses for redacting information, the	867
release of which is prohibited by law.	868

(2) As used in division (F)(1) of this section:

869

(a) "Actual cost" means the cost of depleted supplies,	870
records storage media costs, actual mailing and alternative	871
delivery costs, or other transmitting costs, and any direct	872
equipment operating and maintenance costs, including actual costs	873
paid to private contractors for copying services.	874

(b) "Bulk commercial special extraction request" means a	875
request for copies of a record for information in a format other	876
than the format already available, or information that cannot be	877
extracted without examination of all items in a records series,	878
class of records, or data base by a person who intends to use or	879
forward the copies for surveys, marketing, solicitation, or resale	880
for commercial purposes. "Bulk commercial special extraction	881
request" does not include a request by a person who gives	882
assurance to the bureau that the person making the request does	883
not intend to use or forward the requested copies for surveys,	884
marketing, solicitation, or resale for commercial purposes.	885

(c) "Commercial" means profit-seeking production, buying, or	886
selling of any good, service, or other product.	887

(d) "Special extraction costs" means the cost of the time	888
spent by the lowest paid employee competent to perform the task,	889
the actual amount paid to outside private contractors employed by	890
the bureau, or the actual cost incurred to create computer	891
programs to make the special extraction. "Special extraction	892
costs" include any charges paid to a public agency for computer or	893
records services.	894

(3) For purposes of divisions (F)(1) and (2) of this section,	895
"surveys, marketing, solicitation, or resale for commercial	896
purposes" shall be narrowly construed and does not include	897
reporting or gathering news, reporting or gathering information to	898
assist citizen oversight or understanding of the operation or	899
activities of government, or nonprofit educational research.	900

Sec. 3503.15.  (A) The secretary of state shall establish and	901
maintain a statewide voter registration database that shall be	902
continuously available to each board of elections and to other	903
agencies as authorized by law.	904

(B) The statewide voter registration database established	905
under this section shall be the official list of registered voters	906
for all elections conducted in this state.	907

(C) The statewide voter registration database established	908
under this section shall, at a minimum, include all of the	909
following:	910

(1) An electronic network that connects all board of	911
elections offices with the office of the secretary of state and	912
with the offices of all other boards of elections;	913

(2) A computer program that harmonizes the records contained	914
in the database with records maintained by each board of	915
elections;	916

(3) An interactive computer program that allows access to the	917
records contained in the database by each board of elections and	918
by any persons authorized by the secretary of state to add,	919
delete, modify, or print database records, and to conduct updates	920
of the database;	921

(4) A search program capable of verifying registered voters	922
and their registration information by name, driver's license	923
number, birth date, social security number, or current address;	924

(5) Safeguards and components to ensure that the integrity,	925
security, and confidentiality of the voter registration	926
information is maintained.	927

(D) The secretary of state shall adopt rules pursuant to	928
Chapter 119. of the Revised Code doing all of the following:	929

(1) Specifying the manner in which existing voter	930
registration records maintained by boards of elections shall be	931
converted to electronic files for inclusion in the statewide voter	932
registration database;	933

(2) Establishing a uniform method for entering voter	934
registration records into the statewide voter registration	935
database on an expedited basis, but not less than once per day, if	936
new registration information is received;	937

(3) Establishing a uniform method for purging canceled voter	938
registration records from the statewide voter registration	939
database in accordance with section 3503.21 of the Revised Code;	940

(4) Specifying the persons authorized to add, delete, modify,	941
or print records contained in the statewide voter registration	942
database and to make updates of that database;	943

(5) Establishing a process for annually auditing the	944
information contained in the statewide voter registration	945
database;	946

(6) Establishing a process to keep the voter registration	947
record of a person who is a program participant under sections	948
111.31 to 111.40 of the Revised Code confidential and not	949
available for public inspection.	950

(E) A board of elections promptly shall purge a voter's name	951
and voter registration information from the statewide voter	952
registration database in accordance with the rules adopted by the	953
secretary of state under division (D)(3) of this section after the	954
cancellation of a voter's registration under section 3503.21 of	955
the Revised Code.	956

(F) The secretary of state shall provide training in the	957
operation of the statewide voter registration database to each	958
board of elections and to any persons authorized by the secretary	959
of state to add, delete, modify, or print database records, and to	960
conduct updates of the database.	961

(G)(1) The statewide voter registration database established	962
under this section shall be made available on a web site of the	963
office of the secretary of state as follows:	964

(a) Except as otherwise provided in division (G)(1)(b) of	965
this section, only the following information from the statewide	966
voter registration database regarding a registered voter shall be	967
made available on the web site:	968

(i) The voter's name;

969

(ii) The voter's address;

970

(iii) The voter's precinct number;

971

(iv) The voter's voting history.

972

(b) During the thirty days before the day of a primary or	973
general election, the web site interface of the statewide voter	974
registration database shall permit a voter to search for the	975
polling location at which that voter may cast a ballot.	976

(2) The secretary of state shall establish, by rule adopted	977
under Chapter 119. of the Revised Code, a process for boards of	978
elections to notify the secretary of state of changes in the	979
locations of precinct polling places for the purpose of updating	980
the information made available on the secretary of state's web	981
site under division (G)(1)(b) of this section. Those rules shall	982
require a board of elections, during the thirty days before the	983
day of a primary or general election, to notify the secretary of	984
state within one business day of any change to the location of a	985
precinct polling place within the county.	986

(3) During the thirty days before the day of a primary or	987
general election, not later than one business day after receiving	988
a notification from a county pursuant to division (G)(2) of this	989
section that the location of a precinct polling place has changed,	990
the secretary of state shall update that information on the	991
secretary of state's web site for the purpose of division	992
(G)(1)(b) of this section.	993

Sec. 3503.151. Notwithstanding any other provision of Chapter	994
3503. of the Revised Code, the secretary of state shall maintain	995
the voter registration records for participants in the address	996
confidentiality program under sections 111.32 to 111.40 of the	997
Revised Code who are registered or choose to register to vote. The	998
secretary of state shall process new voter registration records	999
and maintain existing voter registration records in the same	1000
manner as county boards of elections.	1001

Sec. 3509.03.  Except as provided in section 3509.031 or	1002
division (B) of section 3509.08 of the Revised Code, any qualified	1003
elector desiring to vote absent voter's ballots at an election	1004
shall make written application for those ballots to the director	1005
of elections of the county in which the elector's voting residence	1006
is located. The application need not be in any particular form but	1007
shall contain all of the following:	1008

(A) The elector's name;

1009

(B) The elector's signature;

1010

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

1011

(D) The elector's date of birth;

1012

(E) One of the following:

1013

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

1014

(2) The last four digits of the elector's social security	1015
number;	1016

(3) A copy of the elector's current and valid photo	1017
identification, a copy of a military identification, or a copy of	1018
a current utility bill, bank statement, government check,	1019
paycheck, or other government document, other than a notice of an	1020
election mailed by a board of elections under section 3501.19 of	1021
the Revised Code or a notice of voter registration mailed by a	1022
board of elections under section 3503.19 of the Revised Code, that	1023
shows the name and address of the elector.	1024

(F) A statement identifying the election for which absent	1025
voter's ballots are requested;	1026

(G) A statement that the person requesting the ballots is a	1027
qualified elector;	1028

(H) If the request is for primary election ballots, the	1029
elector's party affiliation;	1030

(I) If the elector desires ballots to be mailed to the	1031
elector, the address to which those ballots shall be mailed.	1032

A voter who will be outside the United States on the day of	1033
any election during a calendar year may use a single federal post	1034
card application to apply for absent voter's ballots. Those	1035
ballots shall be sent to the voter for use at the primary and	1036
general elections in that year and any special election to be held	1037
on the day in that year specified by division (E) of section	1038
3501.01 of the Revised Code for the holding of a primary election,	1039
designated by the general assembly for the purpose of submitting	1040
constitutional amendments proposed by the general assembly to the	1041
voters of the state unless the voter reports a change in the	1042
voter's voting status to the board of elections or the voter's	1043
intent to vote in any such election in the precinct in this state	1044
where the voter is registered to vote. A single federal postcard	1045
application shall be processed by the board of elections pursuant	1046
to section 3509.04 of the Revised Code the same as if the voter	1047
had applied separately for absent voter's ballots for each	1048
election. When mailing absent voter's ballots to a voter who	1049
applied for them by single federal post card application, the	1050
board shall enclose notification to the voter that the voter must	1051
report to the board subsequent changes in the voter's voting	1052
status or the voter's subsequent intent to vote in any such	1053
election in the precinct in this state where the voter is	1054
registered to vote. Such notification shall be in a form	1055
prescribed by the secretary of state. As used in this section,	1056
"voting status" means the voter's name at the time the voter	1057
applied for absent voter's ballots by single federal post card	1058
application and the voter's address outside the United States to	1059
which the voter requested that those ballots be sent.	1060

EachExcept as provided in section 111.34 of the Revised	1061
Code, each application for absent voter's ballots shall be	1062
delivered to the director not earlier than the first day of	1063
January of the year of the elections for which the absent voter's	1064
ballots are requested or not earlier than ninety days before the	1065
day of the election at which the ballots are to be voted,	1066
whichever is earlier, and not later than twelve noon of the third	1067
day before the day of the election at which the ballots are to be	1068
voted, or not later than the close of regular business hours on	1069
the day before the day of the election at which the ballots are to	1070
be voted if the application is delivered in person to the office	1071
of the board.	1072

Section 2.  That existing sections 149.43, 3503.15, and	1073
3509.03 of the Revised Code are hereby repealed.	1074