Sec. 3501.07. At a meeting held not more than sixty nor
less | 29 |
than fifteen days before the expiration date of the term of
office | 30 |
of a member of the board of elections, or within fifteen
days | 31 |
after a vacancy occurs in the board, the county executive | 32 |
committee of the major political party entitled to the
appointment | 33 |
may make and file a recommendation with the secretary
of state for | 34 |
the appointment of a qualified elector. The
secretary of state | 35 |
shall appoint such elector, unless he has reason to believethe | 36 |
secretary of state finds that
the elector wouldis not be a | 37 |
competent member ofto serve on such
board as a result of either | 38 |
the elector's adjudication of
incompetence by a court of | 39 |
competent jurisdiction or the elector's
prior conviction of or | 40 |
plea of guilty to a felony. In such cases
the secretary of state | 41 |
shall
so state in writing to the chairmanchairperson of such | 42 |
county
executive committee, with the reasons
thereforfor the | 43 |
secretary's refusal to appoint the individual,
and such committee | 44 |
may, with respect to each refusal of the
secretary of state, | 45 |
either
recommend another elector or may apply
for a writ of | 46 |
mandamus to the supreme court to compel the
secretary of state to | 47 |
appoint the elector so recommended. In all
such actionactions, | 48 |
the burden of
proof to show the
qualificationsprove the lack of | 49 |
competence of the person so
recommended by clear
and convincing | 50 |
evidence
shall be on the
committee makingsecretary
of state who | 51 |
refused the
recommendation. Upon the dismissal of an
action in | 52 |
mandamus filed
by such county executive committee, the
county | 53 |
executive
committee shall have fifteen days to make and file | 54 |
another
recommendation with the secretary of state for the | 55 |
appointment of
a qualified elector. If no such
recommendation is | 56 |
made within
fifteen days after either the secretary of state | 57 |
refuses the
appointment of the county executive committee or the | 58 |
dismissal of
an action in mandamus filed by such committee, the | 59 |
secretary of
state shall make the
appointment. This process shall | 60 |
be repeated, as needed, after each refusal of the secretary of | 61 |
state, until the appointment is made. | 62 |
Sec. 3501.10. (A) The board of elections shall, as an | 68 |
expense of the board, provide suitable rooms for its offices and | 69 |
records and the necessary and proper furniture and supplies for
| 70 |
those rooms. The board may lease such offices and rooms,
necessary | 71 |
to its operation, for the length of time and upon the
terms the | 72 |
board deems in the best interests of the public,
provided that the | 73 |
term of any such lease shall not exceed fifteen
years. | 74 |
Thirty days prior to entering into such a lease, the board | 75 |
shall notify the
board of county commissioners in writing of its | 76 |
intent to enter into the
lease. The notice shall specify the terms | 77 |
and conditions of the lease. Prior
to the thirtieth day after | 78 |
receiving that notice and before any lease is
entered into, the | 79 |
board of county commissioners may reject the proposed lease
by a | 80 |
majority vote. After receiving written notification of the | 81 |
rejection by
the board of county commissioners, the board of | 82 |
elections shall not enter into
the lease that was rejected, but | 83 |
may immediately enter into additional lease
negotiations, subject | 84 |
to the requirements of this section. | 85 |
The board of
elections in any county may, by resolution, | 86 |
request that the board of county
commissioners submit to the | 87 |
electors of the county, in accordance with section
133.18 of the | 88 |
Revised Code, the question of issuing bonds for the acquisition
of | 89 |
real estate and the construction on it of a suitable building with | 90 |
necessary furniture and equipment for the proper administration of | 91 |
the duties
of the board of elections. The resolution declaring the | 92 |
necessity for issuing
such bonds shall relate only to the | 93 |
acquisition of real estate and to the
construction, furnishing, | 94 |
and equipping of a building as provided in this
division. | 95 |
(B) The board of elections in each county shall keep its | 96 |
offices, or one or more of its branch registration offices, open | 97 |
for the performance of its duties until nine p.m. on the last day | 98 |
of registration before a general or
primary election. At
all other | 99 |
times during each week, the board shall keep its
offices and rooms | 100 |
open for a period of time that the board
considers necessary for | 101 |
the performance of its duties. | 102 |
(C) The board of elections may maintain permanent or | 103 |
temporary branch
offices at any place within the county, provided | 104 |
that, if the board of elections permits electors to vote at a | 105 |
branch office, electors shall not be permitted to vote at any | 106 |
other branch office or any other office of the board of elections. | 107 |
The board shall not employ more than three such locations, | 108 |
including the office of the board of elections and all branch | 109 |
offices of the board of elections, for the purpose of allowing | 110 |
voters to cast absent voter's ballots in person at an election. | 111 |
A majority vote of the members of the board is required to | 112 |
establish more than one location at which voters may cast absent | 113 |
voter's ballots in person at an election. If the board votes to | 114 |
establish more than one location at which voters may cast absent | 115 |
voter's ballots in person, the board shall select locations in the | 116 |
county that are geographically diverse. If at least three members | 117 |
of the board do not agree to establish additional locations or do | 118 |
not agree on the geographic locations within the county, the board | 119 |
shall only permit absent voter's ballots to be voted in person at | 120 |
the office of the board of elections for that election.
| 121 |
(a) Any of the following types of conduct in or about a | 125 |
polling place or a place of registration or election: obstructing | 126 |
access of an elector to a polling place; another improper practice | 127 |
or attempt tending to obstruct, intimidate, or interfere with an | 128 |
elector in registering or voting at a place of registration or | 129 |
election; molesting or otherwise engaging in violence against | 130 |
observers in the performance of their duties at a place of | 131 |
registration or election; or participating in a riot, violence, | 132 |
tumult, or disorder in and about a place of registration or | 133 |
election; | 134 |
(B) An elector who has experienced harassment in violation of | 144 |
the election law has a cause of action against each person that | 145 |
committed the harassment in violation of the election law. In any | 146 |
civil action based on this cause of action, the elector may seek a | 147 |
declaratory judgment, an injunction, or other appropriate | 148 |
equitable relief. The civil action may be commenced by an elector | 149 |
who has experienced harassment in violation of the election law | 150 |
either alone or as a party to a class action under Civil Rule 23. | 151 |
(2) If the harassment in violation of the election law | 156 |
involved intentional or reckless threatening or causing of bodily | 157 |
harm to the elector while the elector was attempting to register | 158 |
to vote, to obtain an absent voter's ballot, or to vote, the | 159 |
elector may seek, in a civil action based on the cause of action | 160 |
created by division (B) of this section, monetary damages as | 161 |
prescribed in this division. The civil action may be commenced by | 162 |
the elector who has experienced harassment in violation of the | 163 |
election law either alone or as a party to a class action under | 164 |
Civil Rule 23. Upon proof by a preponderance of the evidence in | 165 |
the civil action that the harassment in violation of the election | 166 |
law involved intentional or reckless threatening or causing of | 167 |
bodily harm to the elector, the trier of fact shall award the | 168 |
elector the greater of three times of the amount of the elector's | 169 |
actual damages or one thousand dollars. The court also shall award | 170 |
a prevailing elector reasonable attorney's fees and court costs. | 171 |
(3) Whether a civil action on the cause of action created by | 172 |
division (B) of this section is commenced by an elector who has | 173 |
experienced harassment in violation of the election law alone or | 174 |
as a party to a class action under Civil Rule 23, if the defendant | 175 |
in the action is an organization that has previously been | 176 |
determined in a court of this state to have engaged in harassment | 177 |
in violation of the election law, the elector may seek an order of | 178 |
the court granting any of the following forms of relief upon proof | 179 |
by a preponderance of the evidence: | 180 |
(E) In a civil action based on the cause of action created by | 200 |
division (B) of this section, whether commenced by an elector who | 201 |
has experienced harassment in violation of the election law alone | 202 |
or as a party to a class action under Civil Rule 23, the elector | 203 |
may name as defendants each individual who engaged in conduct | 204 |
constituting harassment in violation of the election law as well | 205 |
as any person that employs, sponsors, or uses as an agent any such | 206 |
individual or that has organized a common scheme to cause | 207 |
harassment in violation of the election law. | 208 |
(2) The secretary of state shall establish, by rule adopted | 281 |
under Chapter 119. of the Revised Code, a process for boards of | 282 |
elections to notify the secretary of state of changes in the | 283 |
locations of precinct polling places for the purpose of updating | 284 |
the information made available on the secretary of state's web | 285 |
site under division (G)(1)(b) of this section. Those rules shall | 286 |
require a board of elections, during the thirty days before the | 287 |
day of a primary or general election, to notify the secretary of | 288 |
state within one business day of any change to the location of a | 289 |
precinct polling place within the county. | 290 |
(b) The secretary of state shall establish, by rule adopted | 316 |
under Chapter 119. of the Revised Code, procedures for boards of | 317 |
elections to notify affected voters of mismatches and to provide | 318 |
those voters with the opportunity to verify and correct the | 319 |
mismatched information under division (H)(3)(a) of this section. | 320 |
Rules adopted under this division shall conform to the voluntary | 321 |
guidelines for implementing statewide voter registration lists | 322 |
adopted by the United States election assistance commission. | 323 |
(B) At any primary, special, or general
election, any | 342 |
political party supporting candidates to be voted
upon at such | 343 |
election and any group of five or more candidates
may appoint to | 344 |
the board of elections or to any of the precincts in the county or | 345 |
city
one person, a qualified elector, who shall serve as observer | 346 |
for such party or such candidates during the casting of the | 347 |
ballots and during the counting of the ballots; provided that | 348 |
separate observers may be appointed to serve during the casting | 349 |
and during the counting of the ballots. No candidate, no uniformed | 350 |
peace officer as defined by
section 2935.01 of the Revised Code, | 351 |
no uniformed state highway
patrol trooper, no uniformed member of | 352 |
any fire department, no
uniformed member of the armed services, no | 353 |
uniformed member of
the organized militia, no person wearing any | 354 |
other uniform, and no
person carrying a firearm or other deadly | 355 |
weapon shall serve as an observer, nor shall any candidate be | 356 |
represented by
more than one observer at any one precinct or other | 357 |
voting location
except that a candidate who is a member of a party | 358 |
controlling
committee, as defined in section 3517.03 of the | 359 |
Revised Code, may
serve as an observer. Any | 360 |
(C) Any political party or group
of candidates appointing | 361 |
observers shall notify
the board of elections of the names and | 362 |
addresses of its
appointees and the precinctseach precinct or | 363 |
other location at which they shall serve.
Notification of | 364 |
observers appointed to serve on the day of an election shall take | 365 |
place not less than eleven days before
the day of the election on | 366 |
forms prescribed by the secretary of state and
may be amended by | 367 |
filing an amendment with the board of elections
at any time until | 368 |
four p.m. of the day before the election. Notification of | 369 |
observers appointed to serve at the office of the board or at | 370 |
another location during the time absent voter's ballots may be | 371 |
cast in person shall take place not less than eleven days before | 372 |
absent voter's ballots are required to be ready for use pursuant | 373 |
to section 3509.01 of the Revised Code on forms prescribed by the | 374 |
secretary of state and may be amended by filing an amendment with | 375 |
the board of elections at any time until four p.m. of the day | 376 |
before the observer is appointed to serve. The
observer serving on | 377 |
behalf of a political party
shall be appointed in writing by the | 378 |
chairperson and
secretary of
the respective controlling party | 379 |
committee. Observers serving for any five or more candidates shall | 380 |
have
their certificates signed by those candidates. Observers | 381 |
appointed to a precinct may file their certificates of appointment | 382 |
with the presiding judge of the precinct at the meeting on the | 383 |
evening prior to the election, or with the presiding judge of the | 384 |
precinct on the day of the election. UponObservers appointed to | 385 |
the office of the board or another designated site to observe the | 386 |
casting of absent voter's ballots in person prior to the day of | 387 |
the election may file their certificates with the director of the | 388 |
board of elections the day before or on the day that the observers | 389 |
are scheduled to serve at the office of the board or other | 390 |
designated site. | 391 |
Upon the filing of a
certificate, the person named as | 392 |
observer in the certificate shall be
permitted to be in and about | 393 |
the applicable polling place for the precinct during the casting | 394 |
of the ballots and shall be permitted to watch every proceeding
of | 395 |
the judges of elections from the time of the
opening until the | 396 |
closing of the polls. The observer also may inspect the counting | 397 |
of all ballots in the polling place or board of elections
from the | 398 |
time of the closing of the polls until the counting is
completed | 399 |
and the final returns are certified and signed. Observers | 400 |
appointed to serve at the board of elections on the day of an | 401 |
election under this section may observe at the board of elections | 402 |
and may observe at any precinct in the county. The
judges of | 403 |
elections shall protect such observers
in all of the rights and | 404 |
privileges granted to them by Title XXXV
of the Revised Code. | 405 |
(D) No persons other than the judges of elections,
the | 406 |
observers, a police officer, other persons who are detailed
to any | 407 |
precinct on request of the board of elections, or the
secretary of | 408 |
state or the secretary of state's legal
representative shall be | 409 |
admitted
to the polling place, or any room in which a board of | 410 |
elections is counting ballots, after the closing of the polls | 411 |
until the
counting, certifying, and signing of the final returns | 412 |
of each
election have been completed. | 413 |
(E) Not later than four p.m. of the twentieth day prior to an | 414 |
election at which
questions are to be submitted to a vote of the | 415 |
people, any
committee that in good faith advocates or opposes a | 416 |
measure may
file a petition with the board of any county asking | 417 |
that the
petitioners be recognized as the committee entitled to | 418 |
appoint
observers to the count at the election. If more than one | 419 |
committee alleging themselves to advocate or oppose the same | 420 |
measure file such a petition, the board shall decide and announce | 421 |
by registered mail to each committee not less than twelve days | 422 |
immediately preceding the election which committee is recognized | 423 |
as being entitled to
appoint observers. The decision shall not be | 424 |
final, but
any aggrieved party may institute mandamus proceedings | 425 |
in the
court of common pleas of the county in which the board has | 426 |
jurisdiction to compel the judges of elections to accept the | 427 |
appointees of such aggrieved party. Any such recognized
committee | 428 |
may appoint an observer to the count in
each precinct. Committees | 429 |
appointing observers
shall notify the board of elections of the | 430 |
names and addresses of
its appointees and the precincts at which | 431 |
they shall serve.
Notification shall take place not less than | 432 |
eleven days before
the election on forms prescribed by the | 433 |
secretary of state and
may be amended by filing an amendment with | 434 |
the board of elections
at any time until four p.m. on the day | 435 |
before the election. A
person so appointed shall file the person's | 436 |
certificate of
appointment
with the presiding judge in the | 437 |
precinct in which the person
has been
appointed to serve. | 438 |
Observers shall file their certificates
before the polls are | 439 |
closed. In no case shall more than six observers be appointed for | 440 |
any one election
in any one precinct. If more than three questions | 441 |
are to be
voted on, the committees which have appointed observers | 442 |
may agree upon not to exceed six observers, and the judges of | 443 |
elections shall appoint such
observers. If such committees fail to | 444 |
agree, the
judges of elections shall appoint six observers from | 445 |
the appointees so certified, in such manner that
each side of the | 446 |
several questions shall be represented. | 447 |
(F) No person shall serve as an observer at any
precinct or | 448 |
other voting location unless the board of elections of the county | 449 |
in
which such observer is to serve has first been
notified of the | 450 |
name, address, and precinct or other location at which such
| 451 |
observer is to serve. Notification to the board of
elections shall | 452 |
be given by the political party, group of
candidates, or committee | 453 |
appointing such observer as
prescribed in this section. No such | 454 |
observers
shall receive any compensation from the county, | 455 |
municipal
corporation, or township, and they shall take the | 456 |
following oath,
to be administered by one of the judges of | 457 |
elections: | 458 |
(2)(a) No observer who serves during the casting of the | 473 |
ballots
shall interact with any precinct election official or | 474 |
with any
voter while the observer is inside the polling place, | 475 |
within the
area between the polling place and the small flags of | 476 |
the United
States placed on the thoroughfares and walkways | 477 |
leading to the
polling place, or within ten feet of any elector | 478 |
in line waiting
to vote, if the line of electors waiting to vote | 479 |
extends beyond
those small flags. | 480 |
Sec. 3509.01. (A) The board of elections of each county shall | 484 |
provide absent voter's ballots for use at every primary and | 485 |
general election, or special election to be held on the day | 486 |
specified by division (E) of section 3501.01 of the Revised Code | 487 |
for the holding of a primary election, designated by the general | 488 |
assembly for the purpose of submitting constitutional amendments | 489 |
proposed by the general assembly to the voters of the state.
Those | 490 |
ballots shall be the same size, shall be printed on the same
kind | 491 |
of paper, and
shall be in the same form as has been approved
for | 492 |
use
at the election for which
those ballots are to be
voted; | 493 |
except
that, in counties using marking devices, ballot
cards may | 494 |
be used
for absent voter's ballots, and
those
absent voters shall | 495 |
be
instructed to record the vote in the manner
provided on the | 496 |
ballot cards.
In counties where punch card
ballots are used,
those | 497 |
absent voters shall be instructed to
examine their
marked
ballot | 498 |
cards and to remove any chads that
remain partially
attached to | 499 |
them before returning them to
election officials. | 500 |
(1) For overseas voters and absent uniformed services voters | 507 |
eligible to vote under the Uniformed and Overseas Citizens | 508 |
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. | 509 |
1973ff, et seq., as amended, ballots shall be printed and ready | 510 |
for use on the
thirty-fifth day before the day of theany election | 511 |
other than a presidential primary
election, except that
those; | 512 |
(C) Absent voter's ballots provided for use at a general or | 528 |
primary election, or special election to be held on the day | 529 |
specified by division (E) of section 3501.01 of the Revised Code | 530 |
for the holding of a primary election, designated by the general | 531 |
assembly for the purpose of submitting constitutional amendments | 532 |
proposed by the general assembly to the voters of the state,
shall | 533 |
include only
those questions, issues, and candidacies
that
have | 534 |
been lawfully ordered submitted to the electors voting at
that | 535 |
election. | 536 |
Absent(D) If the laws governing the holding of a special | 537 |
election on a day other than the day on which a primary or general | 538 |
election is held make it impossible for absent voter's ballots to | 539 |
be printed and ready for use by the deadlines established in | 540 |
division (B) of this section, absent voter's ballots for those | 541 |
special elections held on days
other than the day on which general | 542 |
or primary elections are
held
shall be ready for use as many days | 543 |
before the day of the
election
as reasonably possible under the | 544 |
laws governing the
holding of
that special election. | 545 |
(B) Upon receipt by the director of elections of
an | 556 |
application for absent voter's ballots that contain all of the | 557 |
required information, as provided by
sections
3509.03 and 3509.031 | 558 |
and division (G) of section 3503.16 of the
Revised Code, the | 559 |
director,
if the director finds that the
applicant is a qualified | 560 |
elector, shall deliver
to the applicant in person or mail
directly | 561 |
to the applicant by
special delivery mail, air
mail, or regular | 562 |
mail, postage prepaid,
proper absent voter's ballots. The director | 563 |
shall
deliver or mail with the ballots an
unsealed identification | 564 |
envelope upon the face of which shall be printed athe following | 565 |
form
substantially as follows: | 566 |
...... In lieu of providing a driver's license number or the | 591 |
last four digits of my Social Security Number, I am enclosing a | 592 |
copy of one of the following in the return envelope in which this | 593 |
identification envelope will be mailed: a current and valid photo | 594 |
identification, a military identification, or a current utility | 595 |
bill, bank statement,
government check, paycheck, or other | 596 |
government document, other
than a notice of an election mailed by | 597 |
a board of elections under
section 3501.19 of the Revised Code or | 598 |
a notice of voter
registration mailed by a board of elections, | 599 |
that shows my name
and address. | 600 |
The director shall mail with the ballots and the unsealed | 607 |
identification envelope an unsealed
return
envelope
upon the face | 608 |
of which shall be printed the official
title and
post-office | 609 |
address of the director. In the upper left
corner
on the face of | 610 |
the return envelope, several blank lines shall be
printed
upon | 611 |
which the voter may write the voter's name and return
address, and | 612 |
beneath these lines there shall be printed a box
beside the words | 613 |
"check if out-of-country." The voter shall check
this box if the | 614 |
voter will be outside the United States on the day
of the | 615 |
election. The
return envelope shall be of such size that
the | 616 |
identification
envelope can be conveniently placed within it
for | 617 |
returning
the identification envelope to the director. | 618 |
Sec. 3509.05. (A) When an elector receives an absent | 619 |
voter's
ballot pursuant
to the elector's application or request, | 620 |
the
elector shall, before placing any marks on the ballot,
note | 621 |
whether there are any voting marks on it. If there are
any voting | 622 |
marks, the ballot shall be returned immediately to the
board of | 623 |
elections; otherwise, the elector shall cause the
ballot to be | 624 |
marked, folded in a manner that the stub on it and the | 625 |
indorsements and facsimile signatures of the members of the board | 626 |
of elections on the back of it are visible, and placed and
sealed | 627 |
within the identification envelope received from the
director of | 628 |
elections for that purpose. Then, the elector shall
cause the | 629 |
statement of voter on the outside of the identification
envelope | 630 |
to be completed and signed, under penalty of election | 631 |
falsification. | 632 |
If the elector does not provide the elector's driver's | 633 |
license number or the last four digits of the elector's social | 634 |
security number on the statement of voter on the identification | 635 |
envelope, the elector also shall include in the return envelope | 636 |
with the identification envelope a copy of the elector's current | 637 |
valid photo identification, a copy of a military identification, | 638 |
or a copy of a
current utility bill, bank statement, government | 639 |
check, paycheck,
or other government document, other than a | 640 |
notice of an election
mailed by a board of elections under | 641 |
section 3501.19 of the
Revised Code or a notice of voter | 642 |
registration mailed by a board
of elections under section 3503.19 | 643 |
of the Revised Code, that shows
the name and address of the | 644 |
elector. | 645 |
The elector shall mail the identification envelope to
the | 646 |
director from whom it was received in the return envelope,
postage | 647 |
prepaid, or the elector may personally deliver it to
the director, | 648 |
or the spouse of the elector, the father, mother, father-in-law, | 649 |
mother-in-law, grandfather, grandmother, brother, or sister of
the | 650 |
whole or half blood, or the son, daughter, adopting parent, | 651 |
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 652 |
niece of the elector may deliver it to the director. The
return | 653 |
envelope shall be transmitted to the director in no other
manner, | 654 |
except as provided in section 3509.08 of the Revised
Code. | 655 |
When absent voter's ballots are delivered to an elector at | 659 |
the office of the board, the elector may retire to a voting | 660 |
compartment provided by the board and there mark the ballots. | 661 |
Thereupon, the elector shall fold them, place them in the | 662 |
identification
envelope provided, seal the envelope, fill in and | 663 |
sign the statement on the envelope under penalty of election | 664 |
falsification, and deliver the envelope to the director of the | 665 |
board. | 666 |
Except as otherwise provided in divisions (B) and (C) of
this | 667 |
section, all other envelopes containing marked absent
voter's | 668 |
ballots shall be delivered to the director not later
than the | 669 |
close of the polls on the day of an election. Absent
voter's | 670 |
ballots delivered to the director later than the times
specified | 671 |
shall not be counted, but shall be kept by the board in
the sealed | 672 |
identification envelopes in which they are delivered
to the | 673 |
director, until the time provided by section 3505.31 of
the | 674 |
Revised Code for the destruction of all other ballots used at
the | 675 |
election for which ballots were provided, at which time they
shall | 676 |
be destroyed. | 677 |
(B)(1) Except as otherwise provided in division (B)(2) of | 678 |
this
section, any return envelope that indicates that the voter | 679 |
will
be outside the United States on the day of the election shall | 680 |
be
delivered to the director prior to the eleventh day after the | 681 |
election. Ballots delivered in such envelopes that are received | 682 |
after the close of the polls on election day through the tenth
day | 683 |
thereafter shall be counted on the eleventh day at the board
of | 684 |
elections in the manner provided in divisions (C) and (D) of | 685 |
section 3509.06 of the Revised Code. Any such ballots that are | 686 |
signed or postmarked after the close of the polls on the day of | 687 |
the election or that are received by the director later than the | 688 |
tenth day following the election shall not be counted, but shall | 689 |
be kept by the board in the sealed identification envelopes as | 690 |
provided in division (A) of this section. | 691 |
(2) In any year in which a presidential primary election
is | 692 |
held, any return envelope that indicates that the voter will
be | 693 |
outside the United States on the day of the presidential
primary | 694 |
election shall be delivered to the director prior to the | 695 |
twenty-first day after that election. Ballots delivered in such | 696 |
envelopes that are received after the close of the polls on | 697 |
election day through the twentieth day thereafter shall be
counted | 698 |
on the twenty-first day at the board of elections in the
manner | 699 |
provided in divisions (C) and (D) of section 3509.06 of
the | 700 |
Revised Code. Any such ballots that are signed or postmarked
after | 701 |
the close of the polls on the day of that election or that
are | 702 |
received by the director later than the twentieth day
following | 703 |
that election shall not be counted, but shall be kept
by the board | 704 |
in the sealed identification envelopes as provided
in division (A) | 705 |
of this section. | 706 |
(C)(1) Except as otherwise provided in division (C)(2) of | 707 |
this section, any return envelope that is postmarked within the | 708 |
United
States prior to the day of the election shall be delivered | 709 |
to the
director prior to the eleventh day after the election. | 710 |
Ballots
delivered in envelopes postmarked prior to the day of the | 711 |
election that are received after the close of the polls on | 712 |
election day through the tenth day thereafter shall be counted on | 713 |
the eleventh day at the board of elections in the manner provided | 714 |
in divisions (C) and (D) of section 3509.06 of the Revised Code. | 715 |
Any such ballots that are received by the director later than the | 716 |
tenth day following the election shall not be counted, but shall | 717 |
be kept by the board in the sealed identification envelopes as | 718 |
provided in division (A) of this section. | 719 |
(D)(1) Except as otherwise provided in division (D)(2) of | 723 |
this section, if a board of elections determines, prior to the | 724 |
close of the polls on the day of the election, that the statement | 725 |
of voter on a voter's absent voter's ballot identification | 726 |
envelope is incomplete, the board shall notify the absent voter by | 727 |
mail or by telephone that the voter's absent ballot will be | 728 |
rejected unless the voter
completes the statement prior to the | 729 |
close of the polls on the day
of the election. | 730 |
If a board of elections chooses to notify voters under | 735 |
division (D)(1) of this section of incomplete absent voter's | 736 |
ballot envelope statements for absent voter's ballots received | 737 |
after the eighth day before the day of the election, the board | 738 |
shall notify all voters whose absent voter's ballot envelope | 739 |
statements are incomplete that their absent voter's ballot | 740 |
envelopes will be rejected unless the voter completes the | 741 |
statement prior to the close of the
polls on the day of the | 742 |
election. | 743 |
(B) When the board of elections determines that absent | 749 |
voter's ballots shall be counted in each precinct, the director | 750 |
shall deliver to the presiding judge of each precinct on election | 751 |
day identification envelopes purporting to contain absent voter's | 752 |
ballots of electors whose voting residence appears from the | 753 |
statement of voter on the outside of each of those envelopes, to | 754 |
be located in such presiding judge's precinct, and which were | 755 |
received by the director not later than the close of the polls on | 756 |
election day. The director shall deliver to such presiding judge
a | 757 |
list containing the name and voting residence of each person
whose | 758 |
voting residence is in such precinct to whom absent voter's | 759 |
ballots were mailed. | 760 |
(C) When the board of elections determines that absent | 761 |
voter's ballots shall be counted at the office of the board of | 762 |
elections or at another location designated by the board, special | 763 |
election judges shall be appointed by the board for that purpose | 764 |
having the same authority as is exercised by precinct judges.
The | 765 |
votes so cast shall be added to the vote totals by the board,
and | 766 |
the absent voter's ballots shall be preserved separately by the | 767 |
board, in the same manner and for the same length of time as | 768 |
provided by section 3505.31 of the Revised Code. | 769 |
(D) Each of the identification envelopes purporting to | 770 |
contain absent
voter's ballots delivered to the presiding judge of | 771 |
the precinct
or the special judge appointed by the board of | 772 |
elections shall be
handled as follows: The election officials | 773 |
shall compare the signature of the
elector on the outside of the | 774 |
identification envelope with
the signature of that elector on the | 775 |
elector's registration
form and verify that the absent voter's | 776 |
ballot is eligible to be counted under section 3509.07 of the | 777 |
Revised Code. Any of the precinct officials may
challenge the | 778 |
right of the elector named on the identification
envelope to vote | 779 |
the absent voter's ballots upon the ground that
the signature on | 780 |
the envelope is not the same as the signature
on the registration | 781 |
form, that the identification envelope statement of voter has not | 782 |
been completed, or upon any other of the grounds upon
which the | 783 |
right of persons to vote may be lawfully challenged.
If no such | 784 |
challenge is made, or if such a challenge is made and
not | 785 |
sustained, the presiding judge shall open the envelope
without | 786 |
defacing the statement of voter and without mutilating
the ballots | 787 |
in it, and shall remove the ballots contained
in it and proceed to | 788 |
count them. | 789 |
The name of each person voting who is entitled to vote only | 790 |
an absent voter's presidential ballot shall be entered in a | 791 |
pollbook or poll list or signature pollbook followed by the words | 792 |
"Absentee Presidential Ballot." The name of each person voting
an | 793 |
absent voter's ballot, other than such persons entitled to
vote | 794 |
only a presidential ballot, shall be entered in the pollbook
or | 795 |
poll list or signature pollbook and the person's
registration card | 796 |
marked to indicate that the person has
voted. | 797 |
Sec. 3509.07. If
election officials find
that
the statement | 814 |
accompanying an absent
voter's ballot or absent
voter's | 815 |
presidential ballot is incomplete or insufficient, that the | 816 |
signatures
do not
correspond with
the person's registration | 817 |
signature,
that the
applicant is not a qualified elector in the | 818 |
precinct,
that the
ballot envelope
contains more than one ballot | 819 |
of any one
kind, or
any voted ballot
that the
elector is not | 820 |
entitled to vote,
that Stub A is detached from the absent
voter's | 821 |
ballot or absent
voter's presidential ballot, or that the elector | 822 |
has not included with the elector's ballot any identification | 823 |
required under section 3509.05 or 3511.09 of the Revised Code, the | 824 |
vote
shall not be accepted or
counted.
The vote of any
absent | 825 |
voter may be challenged for cause
in the
same manner as
other | 826 |
votes are challenged, and the
election
officials shall
determine | 827 |
the
legality of
that ballot.
Every
ballot not
counted shall
be | 828 |
endorsed on
its back
"Not
Counted"
with
the reasons
the ballot was | 829 |
not counted, and shall
be
enclosed
and
returned to or retained by | 830 |
the board of elections
along with the
contested
ballots. | 831 |
Sec. 3511.05. (A) The director of the board of elections | 832 |
shall
place armed service absent voter's ballots sent by mail in | 833 |
an unsealed
identification envelope, gummed ready for
sealing.
The | 834 |
director shall include with armed
service absent voter's
ballots | 835 |
sent by facsimile machine an
instruction sheet for
preparing a | 836 |
gummed envelope in which the
ballots shall be
returned. The | 837 |
envelope for returning ballots
sent by either means
shall
have | 838 |
printed or written on its face athe following form substantially | 839 |
as follows: | 840 |
...... In lieu of providing a driver's license number or the | 865 |
last four digits of my Social Security Number, I am enclosing a | 866 |
copy of one of the following in the return envelope in which this | 867 |
identification envelope will be mailed: a current and valid photo | 868 |
identification, a military identification, or a current utility | 869 |
bill, bank statement,
government check, paycheck, or other | 870 |
government document, other
than a notice of an election mailed by | 871 |
a board of elections under
section 3501.19 of the Revised Code or | 872 |
a notice of voter
registration mailed by a board of elections, | 873 |
that shows my name
and address. | 874 |
(B) The director shall also mail with the ballots and the | 881 |
unsealed identification envelope sent by mail an unsealed return | 882 |
envelope, gummed, ready for sealing, for use by the voter in | 883 |
returning
the voter's marked ballots to the director. The
director | 884 |
shall send with
the ballots and the instruction sheet for | 885 |
preparing a gummed
envelope sent by facsimile machine an | 886 |
instruction sheet for preparing a second
gummed envelope as | 887 |
described in this division, for use by the voter in
returning that | 888 |
voter's marked ballots to the
director. The return envelope shall | 889 |
have
two parallel lines, each one quarter of an inch in width, | 890 |
printed
across its face paralleling the top, with an intervening | 891 |
space of
one quarter of an inch between such lines. The top line | 892 |
shall be
one and one-quarter inches from the top of the envelope. | 893 |
Between
the parallel lines shall be printed: "OFFICIAL ELECTION | 894 |
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three
blank | 895 |
lines shall be printed in the upper left corner on the face
of
the | 896 |
envelope for the use by the voter in placing the voter's
complete | 897 |
military, naval, or mailing address
on these
lines, and
beneath | 898 |
these
lines there shall be printed a box beside
the words
"check | 899 |
if
out-of-country." The voter shall check this
box if the
voter | 900 |
will be outside the United States on the day of
the
election. The | 901 |
official
title and the post-office address of
the
director to whom | 902 |
the envelope shall
be returned shall be
printed
on the face of | 903 |
such envelope in the lower right
portion
below the
bottom parallel | 904 |
line. | 905 |
If the flap on this envelope is so firmly stuck to the
back | 909 |
of the envelope when received by you as to require forcible | 910 |
opening in order to use it, open the envelope in the manner
least | 911 |
injurious to it, and, after marking your ballots and
enclosing | 912 |
same in the envelope for mailing them to the director of
the board | 913 |
of elections, reclose the envelope in the most
practicable way, by | 914 |
sealing or otherwise, and sign the blank form
printed below. | 915 |
Sec. 3511.11.
(A) Upon receipt of any
return envelope | 923 |
bearing the
designation "Official Election Armed Service Absent | 924 |
Voter's
Ballot" prior to the twenty-first day after the day of a | 925 |
presidential primary election or prior to the eleventh day after | 926 |
the day of any other election, the director of the board of | 927 |
elections shall open it but shall not open the identification | 928 |
envelope
contained
in it. If, upon so opening
the return
envelope, | 929 |
the director finds ballots
in
it that are not
enclosed
in
and | 930 |
properly sealed in the
identification envelope,
the
director shall | 931 |
not
look at the markings upon
the ballots and
shall promptly
place | 932 |
them
in the identification envelope and
promptly seal
it. If, upon | 933 |
so opening
the return envelope, the
director finds
that
ballots | 934 |
are
enclosed in the
identification
envelope but that
it is not | 935 |
properly sealed,
the director shall
not look at the
markings upon | 936 |
the ballots and
shall promptly seal
the identification envelope. | 937 |
(B)(1) Except as otherwise provided in division (B)(2) of | 938 |
this section, if a board of elections determines, prior to the | 939 |
close of the polls on the day of the election, that the statement | 940 |
of voter on an armed service absent voter's ballot identification | 941 |
envelope is incomplete, the board shall notify the armed services | 942 |
absent voter by mail or by telephone that the voter's armed | 943 |
service absent voter's ballot will be rejected unless the voter | 944 |
completes the statement prior to the close of the polls on the day | 945 |
of the election. | 946 |
If a board of elections chooses to notify voters under | 951 |
division (B)(1) of this section of incomplete armed service absent | 952 |
voter's ballot envelope statements for armed service absent | 953 |
voter's ballots received after the eighth day before the day of | 954 |
the election, the board shall notify all voters whose armed | 955 |
service absent voter's ballot envelope statements are incomplete | 956 |
that their armed service absent voter's ballot envelopes will be | 957 |
rejected unless the voter completes the statement prior to the | 958 |
close of the polls on the day of the election. | 959 |
(C)(D) A return envelope that indicates that the voter will | 964 |
be
outside of the United States on the day of an election is not | 965 |
required to be postmarked in order for an armed service absent | 966 |
voter's ballot contained in it to be valid. Except as otherwise | 967 |
provided in this division, whether or not the return envelope | 968 |
containing the ballot is postmarked or contains an illegible | 969 |
postmark, an armed service absent voter's
ballot that
is
received | 970 |
after the close of the polls on election day through
the
tenth day
| 971 |
after the election day or, if the
election was a
presidential | 972 |
primary election, through the
twentieth day
after
the election | 973 |
day, and that
is
delivered in a return envelope that
indicates | 974 |
that the voter
will
be outside the United States on the
day of the | 975 |
election
shall be
counted on the eleventh day
after the
election | 976 |
day or, if the
election was a
presidential primary
election, on | 977 |
the twenty-first
day
after the election day, at the
office of the | 978 |
board of
elections in the manner provided in
divisions (C) and (D) | 979 |
of
section 3509.06 of the Revised Code.
However, if a
return | 980 |
envelope containing an armed service absent
voter's ballot
is so | 981 |
received and so indicates, but it is
postmarked, or
the | 982 |
identification envelope in it is signed, after
the close of the | 983 |
polls
on election day,
the armed service absent
voter's
ballot | 984 |
shall not be counted. | 985 |
(D)(E)(1) Except as otherwise provided in division (D)(E)(2) | 986 |
of
this section, any return envelope containing an armed service | 987 |
absent voter's ballot that is postmarked within the United States | 988 |
prior to the day of the election shall be delivered to the | 989 |
director prior to the eleventh day after the election. Armed | 990 |
service absent voter's ballots delivered in envelopes postmarked | 991 |
prior to the day of the election that are received after the close | 992 |
of the polls on election day through the tenth day thereafter | 993 |
shall be counted on the eleventh day at the board of elections in | 994 |
the manner provided in divisions (C) and (D) of section 3509.06 of | 995 |
the Revised Code. Any such ballots that are received by the | 996 |
director later than the tenth day following the election shall not | 997 |
be counted, but shall be kept by the board in the sealed | 998 |
identification envelopes as provided in division (A) of this | 999 |
section. | 1000 |
Section 3. The General Assembly, applying the principle | 1032 |
stated in division (B) of section 1.52 of the Revised Code that | 1033 |
amendments are to be harmonized if reasonably capable of | 1034 |
simultaneous operation, finds that the following section, | 1035 |
presented in this act as the composite of the sections as amended | 1036 |
by
the acts indicated, is the resulting version of the section in | 1037 |
effect prior to the effective date of the section as presented in | 1038 |
this act: | 1039 |