Section 1. That sections 3501.01, 3503.14, 3503.16, 3503.19, | 14 |
3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, 3509.031, | 15 |
3509.04, 3509.05, 3511.02, 3511.05, 3511.09, 4507.50, and 4507.52 | 16 |
of the Revised Code be amended to read as follows: | 17 |
(D) "Special election" means any election other than those | 28 |
elections defined in other divisions of this section. A special | 29 |
election may be held only on the first Tuesday after the first | 30 |
Monday in February, May, August, or November, or on the day | 31 |
authorized by a particular municipal or county charter for the | 32 |
holding of a primary election, except that in any year in which a | 33 |
presidential primary election is held, no special election shall | 34 |
be held in February or May, except as authorized by a municipal or | 35 |
county charter, but may be held on the first Tuesday after the | 36 |
first Monday in March. | 37 |
(2) "Presidential primary election" means a primary election | 46 |
as defined by division (E)(1) of this section at which an election | 47 |
is held for the purpose of choosing delegates and alternates to | 48 |
the national conventions of the major political parties pursuant | 49 |
to section 3513.12 of the Revised Code. Unless otherwise | 50 |
specified, presidential primary elections are included in | 51 |
references to primary elections. In years in which a presidential | 52 |
primary election is held, all primary elections shall be held on | 53 |
the first Tuesday after the first Monday in March except as | 54 |
otherwise authorized by a municipal or county charter. | 55 |
(3) "Minor political party" means any political party | 69 |
organized under the laws of this state whose candidate for | 70 |
governor or nominees for presidential electors received less than | 71 |
ten per cent but not less than five per cent of the total vote | 72 |
cast for such office at the most recent regular state election or | 73 |
which has filed with the secretary of state, subsequent to any | 74 |
election in which it received less than five per cent of such | 75 |
vote, a petition signed by qualified electors equal in number to | 76 |
at least one per cent of the total vote cast for such office in | 77 |
the last preceding regular state election, except that a newly | 78 |
formed political party shall be known as a minor political party | 79 |
until the time of the first election for governor or president | 80 |
which occurs not less than twelve months subsequent to the | 81 |
formation of such party, after which election the status of such | 82 |
party shall be determined by the vote for the office of governor | 83 |
or president. | 84 |
(J) "Nonpartisan candidate" means any candidate whose name is | 104 |
required, pursuant to section 3505.04 of the Revised Code, to be | 105 |
listed on the nonpartisan ballot, including all candidates for | 106 |
judicial office, for member of any board of education, for | 107 |
municipal or township offices in which primary elections are not | 108 |
held for nominating candidates by political parties, and for | 109 |
offices of municipal corporations having charters that provide for | 110 |
separate ballots for elections for these offices. | 111 |
(L) "Officer of a political party" includes, but is not | 119 |
limited to, any member, elected or appointed, of a controlling | 120 |
committee, whether representing the territory of the state, a | 121 |
district therein, a county, township, a city, a ward, a precinct, | 122 |
or other territory, of a major, intermediate, or minor political | 123 |
party. | 124 |
(X) "Designated agency" means an office or agency in the | 171 |
state that provides public assistance or that provides | 172 |
state-funded programs primarily engaged in providing services to | 173 |
persons with disabilities and that is required by the National | 174 |
Voter Registration Act of 1993 to implement a program designed and | 175 |
administered by the secretary of state for registering voters, or | 176 |
any other public or government office or agency that implements a | 177 |
program designed and administered by the secretary of state for | 178 |
registering voters, including the department of job and family | 179 |
services, the program administered under section 3701.132 of the | 180 |
Revised Code by the department of health, the department of mental | 181 |
health, the department of developmental disabilities, the | 182 |
rehabilitation services commission, and any other agency the | 183 |
secretary of state designates. "Designated agency" does not | 184 |
include public high schools and vocational schools, public | 185 |
libraries, or the office of a county treasurer. | 186 |
(c) A copy of a current and valid photo identification, a | 243 |
copy of a military identification, or a copy of a current utility | 244 |
bill, bank statement, government check, paycheck, or other | 245 |
government document, other than a notice of an election mailed by | 246 |
a board of elections under section 3501.19 of the Revised Code or | 247 |
a notice of voter registration mailed by a board of elections | 248 |
under section 3503.19 of the Revised Code, that shows the voter's | 249 |
name and address. | 250 |
(C) Except as provided in section 3501.382 of the Revised | 282 |
Code, any applicant who is unable to sign the applicant's own name | 283 |
shall make an "X," if possible, which shall be certified by the | 284 |
signing of the name of the applicant by the person filling out the | 285 |
form, who shall add the person's own signature. If an applicant is | 286 |
unable to make an "X," the applicant shall indicate in some manner | 287 |
that the applicant desires to register to vote or to change the | 288 |
applicant's name or residence. The person registering the | 289 |
applicant shall sign the form and attest that the applicant | 290 |
indicated that the applicant desired to register to vote or to | 291 |
change the applicant's name or residence. | 292 |
Sec. 3503.16. (A) Whenever a registered elector changes the | 303 |
place of residence of that registered elector from one precinct to | 304 |
another within a county or from one county to another, or has a | 305 |
change of name, that registered elector shall report the change by | 306 |
delivering a change of residence or change of name form, whichever | 307 |
is appropriate, as prescribed by the secretary of state under | 308 |
section 3503.14 of the Revised Code to the state or local office | 309 |
of a designated agency, a public high school or vocational school, | 310 |
a public library, the office of the county treasurer, the office | 311 |
of the secretary of state, any office of the registrar or deputy | 312 |
registrar of motor vehicles, or any office of a board of elections | 313 |
in person or by a third person. Any voter registration, change of | 314 |
address, or change of name application, returned by mail, may be | 315 |
sent only to the secretary of state or the board of elections. | 316 |
(B)(1)(a) Any registered elector who moves within a precinct | 323 |
on or prior to the day of a general, primary, or special election | 324 |
and has not filed a notice of change of residence with the board | 325 |
of elections may vote in that election by going to that registered | 326 |
elector's assigned polling place, completing and signing a notice | 327 |
of change of residence, showing identification in the form of a | 328 |
current and valid photo identification, a military identification, | 329 |
or a copy of a current utility bill, bank statement, government | 330 |
check, paycheck, or other government document, other than a notice | 331 |
of an election mailed by a board of elections under section | 332 |
3501.19 of the Revised Code or a notice of voter registration | 333 |
mailed by a board of elections under section 3503.19 of the | 334 |
Revised Code, that shows the name and current address of the | 335 |
elector, and casting a ballot. If the elector provides either a | 336 |
driver's license or a state identification card issued under | 337 |
section 4507.50 of the Revised Code that does not contain the | 338 |
elector's current residence address, the elector shall provide the | 339 |
last four digits of the elector's driver's license number or state | 340 |
identification card number, and the precinct election official | 341 |
shall mark the poll list or signature pollbook to indicate that | 342 |
the elector has provided a driver's license or state | 343 |
identification card number with a former address and record the | 344 |
last four digits of the elector's driver's license number or state | 345 |
identification card number. | 346 |
(a) Appears at anytime during regular business hours on or | 363 |
after the twenty-eighth day prior to the election in which that | 364 |
registered elector wishes to vote or, if the election is held on | 365 |
the day of a presidential primary election, the twenty-fifth day | 366 |
prior to the election, through noon of the Saturday prior to the | 367 |
election at the office of the board of elections, appears at any | 368 |
time during regular business hours on the Monday prior to the | 369 |
election at the office of the board of elections, or appears on | 370 |
the day of the election at either of the following locations: | 371 |
(b) Completes and signs, under penalty of election | 379 |
falsification, a notice of change of residence or change of name, | 380 |
whichever is appropriate, and files it with election officials at | 381 |
the polling place, at the office of the board of elections, or, if | 382 |
pursuant to division (C) of section 3501.10 of the Revised Code | 383 |
the board has designated another location in the county at which | 384 |
registered electors may vote, at that other location instead of | 385 |
the office of the board of elections, whichever is appropriate; | 386 |
(c) Votes a provisional ballot under section 3505.181 of the | 387 |
Revised Code at the polling place, at the office of the board of | 388 |
elections, or, if pursuant to division (C) of section 3501.10 of | 389 |
the Revised Code the board has designated another location in the | 390 |
county at which registered electors may vote, at that other | 391 |
location instead of the office of the board of elections, | 392 |
whichever is appropriate, using the address to which that | 393 |
registered elector has moved or the name of that registered | 394 |
elector as changed, whichever is appropriate; | 395 |
(d) Completes and signs, under penalty of election | 396 |
falsification, a statement attesting that that registered elector | 397 |
moved or had a change of name, whichever is appropriate, on or | 398 |
prior to the day of the election, has voted a provisional ballot | 399 |
at the polling place in the precinct in which that registered | 400 |
elector resides, at the office of the board of elections, or, if | 401 |
pursuant to division (C) of section 3501.10 of the Revised Code | 402 |
the board has designated another location in the county at which | 403 |
registered electors may vote, at that other location instead of | 404 |
the office of the board of elections, whichever is appropriate, | 405 |
and will not vote or attempt to vote at any other location for | 406 |
that particular election. The statement required under division | 407 |
(B)(2)(d) of this section shall be included on the notice of | 408 |
change of residence or change of name, whichever is appropriate, | 409 |
required under division (B)(2)(b) of this section. | 410 |
(1) Appears at any time during regular business hours on or | 417 |
after the twenty-eighth day prior to the election in which that | 418 |
registered elector wishes to vote or, if the election is held on | 419 |
the day of a presidential primary election, the twenty-fifth day | 420 |
prior to the election, through noon of the Saturday prior to the | 421 |
election at the office of the board of elections or, if pursuant | 422 |
to division (C) of section 3501.10 of the Revised Code the board | 423 |
has designated another location in the county at which registered | 424 |
electors may vote, at that other location instead of the office of | 425 |
the board of elections, appears during regular business hours on | 426 |
the Monday prior to the election at the office of the board of | 427 |
elections or, if pursuant to division (C) of section 3501.10 of | 428 |
the Revised Code the board has designated another location in the | 429 |
county at which registered electors may vote, at that other | 430 |
location instead of the office of the board of elections, or | 431 |
appears on the day of the election at the office of the board of | 432 |
elections or, if pursuant to division (C) of section 3501.10 of | 433 |
the Revised Code the board has designated another location in the | 434 |
county at which registered electors may vote, at that other | 435 |
location instead of the office of the board of elections; | 436 |
(4) Completes and signs, under penalty of election | 451 |
falsification, a statement attesting that that registered elector | 452 |
has moved from one county to another county within the state on or | 453 |
prior to the day of the election, has voted at the office of the | 454 |
board of elections or, if pursuant to division (C) of section | 455 |
3501.10 of the Revised Code the board has designated another | 456 |
location in the county at which registered electors may vote, at | 457 |
that other location instead of the office of the board of | 458 |
elections, and will not vote or attempt to vote at any other | 459 |
location for that particular election. The statement required | 460 |
under division (C)(4) of this section shall be included on the | 461 |
notice of change of residence required under division (C)(2) of | 462 |
this section. | 463 |
(D) A person who votes by absent voter's ballots pursuant to | 464 |
division (G) of this section shall not make written application | 465 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 466 |
Ballots cast pursuant to division (G) of this section shall be set | 467 |
aside in a special envelope and counted during the official | 468 |
canvass of votes in the manner provided for in sections 3505.32 | 469 |
and 3509.06 of the Revised Code insofar as that manner is | 470 |
applicable. The board shall examine the pollbooks to verify that | 471 |
no ballot was cast at the polls or by absent voter's ballots under | 472 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 473 |
voted by absent voter's ballots pursuant to division (G) of this | 474 |
section. Any ballot determined to be insufficient for any of the | 475 |
reasons stated above or stated in section 3509.07 of the Revised | 476 |
Code shall not be counted. | 477 |
(G) A registered elector who otherwise would qualify to vote | 503 |
under division (B) or (C) of this section but is unable to appear | 504 |
at the office of the board of elections or, if pursuant to | 505 |
division (C) of section 3501.10 of the Revised Code the board has | 506 |
designated another location in the county at which registered | 507 |
electors may vote, at that other location, on account of personal | 508 |
illness, physical disability, or infirmity, may vote on the day of | 509 |
the election if that registered elector does all of the following: | 510 |
(4) Completes and signs, under penalty of election | 530 |
falsification, a statement attesting that the registered elector | 531 |
has moved or had a change of name on or prior to the day before | 532 |
the election, has voted by absent voter's ballot because of | 533 |
personal illness, physical disability, or infirmity that prevented | 534 |
the registered elector from appearing at the board of elections, | 535 |
and will not vote or attempt to vote at any other location or by | 536 |
absent voter's ballot mailed to any other location or address for | 537 |
that particular election. | 538 |
Sec. 3503.19. (A) Persons qualified to register or to change | 539 |
their registration because of a change of address or change of | 540 |
name may register or change their registration in person at any | 541 |
state or local office of a designated agency, at the office of the | 542 |
registrar or any deputy registrar of motor vehicles, at a public | 543 |
high school or vocational school, at a public library, at the | 544 |
office of a county treasurer, or at a branch office established by | 545 |
the board of elections, or in person, through another person, or | 546 |
by mail at the office of the secretary of state or at the office | 547 |
of a board of elections. A registered elector may also change the | 548 |
elector's registration on election day at any polling place where | 549 |
the elector is eligible to vote, in the manner provided under | 550 |
section 3503.16 of the Revised Code. | 551 |
Any state or local office of a designated agency, the office | 552 |
of the registrar or any deputy registrar of motor vehicles, a | 553 |
public high school or vocational school, a public library, or the | 554 |
office of a county treasurer shall transmit any voter registration | 555 |
application or change of registration form that it receives to the | 556 |
board of elections of the county in which the state or local | 557 |
office is located, within five days after receiving the voter | 558 |
registration application or change of registration form. | 559 |
An otherwise valid voter registration application that is | 560 |
returned to the appropriate office other than by mail must be | 561 |
received by a state or local office of a designated agency, the | 562 |
office of the registrar or any deputy registrar of motor vehicles, | 563 |
a public high school or vocational school, a public library, the | 564 |
office of a county treasurer, the office of the secretary of | 565 |
state, or the office of a board of elections no later than the | 566 |
thirtieth day preceding a primary, special, or general election | 567 |
for the person to qualify as an elector eligible to vote at that | 568 |
election. An otherwise valid registration application received | 569 |
after that day entitles the elector to vote at all subsequent | 570 |
elections. | 571 |
Voter registration applications, if otherwise valid, that are | 579 |
returned by mail to the office of the secretary of state or to the | 580 |
office of a board of elections must be postmarked no later than | 581 |
the thirtieth day preceding a primary, special, or general | 582 |
election in order for the person to qualify as an elector eligible | 583 |
to vote at that election. If an otherwise valid voter registration | 584 |
application that is returned by mail does not bear a postmark or a | 585 |
legible postmark, the registration shall be valid for that | 586 |
election if received by the office of the secretary of state or | 587 |
the office of a board of elections no later than twenty-five days | 588 |
preceding any special, primary, or general election. | 589 |
(B)(1) Any person may apply in person, by telephone, by mail, | 590 |
or through another person for voter registration forms to the | 591 |
office of the secretary of state or the office of a board of | 592 |
elections. An individual who is eligible to vote as a uniformed | 593 |
services voter or an overseas voter in accordance with 42 U.S.C. | 594 |
1973ff-6 also may apply for voter registration forms by electronic | 595 |
means to the office of the secretary of state or to the board of | 596 |
elections of the county in which the person's voting residence is | 597 |
located pursuant to section 3503.191 of the Revised Code. | 598 |
(2)(a) An applicant may return the applicant's completed | 599 |
registration form in person or by mail to any state or local | 600 |
office of a designated agency, to a public high school or | 601 |
vocational school, to a public library, to the office of a county | 602 |
treasurer, to the office of the secretary of state, or to the | 603 |
office of a board of elections. An applicant who is eligible to | 604 |
vote as a uniformed services voter or an overseas voter in | 605 |
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's | 606 |
completed voter registration form electronically to the office of | 607 |
the secretary of state or to the board of elections of the county | 608 |
in which the person's voting residence is located pursuant to | 609 |
section 3503.191 of the Revised Code. | 610 |
(d) If a board of elections or the office of the secretary of | 619 |
state receives a registration form under division (B)(2)(b) or (c) | 620 |
of this section before the thirtieth day before an election, the | 621 |
board or the office of the secretary of state, as applicable, | 622 |
shall forward the registration to the board of elections of the | 623 |
county in which the applicant is seeking to register to vote | 624 |
within ten days after receiving the application. If a board of | 625 |
elections or the office of the secretary of state receives a | 626 |
registration form under division (B)(2)(b) or (c) of this section | 627 |
on or after the thirtieth day before an election, the board or the | 628 |
office of the secretary of state, as applicable, shall forward the | 629 |
registration to the board of elections of the county in which the | 630 |
applicant is seeking to register to vote within thirty days after | 631 |
that election. | 632 |
"Voters must bring photo identification to the polls in order | 643 |
to verify identity. Identification may include a current and valid | 644 |
photo identification, a military identification, or a copy of a | 645 |
current utility bill, bank statement, government check, paycheck, | 646 |
or other government document, other than this notification or a | 647 |
notification of an election mailed by a board of elections, that | 648 |
shows the voter's name and current address. Voters who do not | 649 |
provide one of these documentshave a religious objection to being | 650 |
photographed will still be able to vote by providing the last four | 651 |
digits of the voter's social security number and by casting a | 652 |
provisional ballot. Voters who do not have any of the above forms | 653 |
of identification, including a social security number, will still | 654 |
be able to vote by signing an affirmation swearing to the voter's | 655 |
identityto that effect under penalty of election falsification | 656 |
and by casting a provisional ballot." | 657 |
At the first election at which a voter whose name has been so | 667 |
marked appears to vote, the voter shall be required to provide | 668 |
photo identification to the election officials and to vote by | 669 |
provisional ballot under section 3505.181 of the Revised Code. If | 670 |
the provisional ballot is counted pursuant to division (B)(3) of | 671 |
section 3505.183 of the Revised Code, the board shall correct that | 672 |
voter's registration, if needed, and shall remove the indication | 673 |
that the voter's notification was returned from that voter's name | 674 |
on the official registration list and on the poll list or | 675 |
signature pollbook. If the provisional ballot is not counted | 676 |
pursuant to division (B)(4)(a)(i), (v), or (vi) of section | 677 |
3505.183 of the Revised Code, the voter's registration shall be | 678 |
canceled. The board shall notify the voter by United States mail | 679 |
of the cancellation. | 680 |
(3) If a notice of the disposition of an otherwise valid | 681 |
registration application is sent by nonforwardable mail and is | 682 |
returned undelivered, the person shall be registered as provided | 683 |
in division (C)(2) of this section and sent a confirmation notice | 684 |
by forwardable mail. If the person fails to respond to the | 685 |
confirmation notice, update the person's registration, or vote by | 686 |
provisional ballot as provided in division (C)(2) of this section | 687 |
in any election during the period of two federal elections | 688 |
subsequent to the mailing of the confirmation notice, the person's | 689 |
registration shall be canceled. | 690 |
"Voters must bring photo identification to the polls in order | 710 |
to verify identity. Identification may include a current and valid | 711 |
photo identification, a military identification, or a copy of a | 712 |
current utility bill, bank statement, government check, paycheck, | 713 |
or other government document, other than a notice of an election | 714 |
or a voter registration notification sent by a board of elections, | 715 |
that shows the voter's name and current address. Voters who do not | 716 |
provide one of these documentshave a religious objection to being | 717 |
photographed will still be able to vote by providing the last four | 718 |
digits of the voter's social security number and by casting a | 719 |
provisional ballot. Voters who do not have any of the above forms | 720 |
of identification, including a social security number, will still | 721 |
be able to vote by signing an affirmation swearing to the voter's | 722 |
identityto that effect under penalty of election falsification | 723 |
and by casting a provisional ballot." | 724 |
Sec. 3505.18. (A)(1) When an elector appears in a polling | 761 |
place to vote, the elector shall announce to the precinct election | 762 |
officials the elector's full name and current address and provide | 763 |
proof of the elector's identity in the form of a current and valid | 764 |
photo identification, a military identification, or a copy of a | 765 |
current utility bill, bank statement, government check, paycheck, | 766 |
or other government document, other than a notice of an election | 767 |
mailed by a board of elections under section 3501.19 of the | 768 |
Revised Code or a notice of voter registration mailed by a board | 769 |
of elections under section 3503.19 of the Revised Code, that shows | 770 |
the name and current address of the elector. If the elector | 771 |
provides either a driver's license or a state identification card | 772 |
issued under section 4507.50 of the Revised Code that does not | 773 |
contain the elector's current residence address, the elector shall | 774 |
provide the last four digits of the elector's driver's license | 775 |
number or state identification card number, and the precinct | 776 |
election official shall mark the poll list or signature pollbook | 777 |
to indicate that the elector has provided a driver's license or | 778 |
state identification card number with a former address and record | 779 |
the last four digits of the elector's driver's license number or | 780 |
state identification card number. | 781 |
(4) If an elector does not have any of the forms of | 798 |
identification required under division (A)(1) of this section and | 799 |
cannot provide the last four digits of the elector's social | 800 |
security number because the elector does not have a social | 801 |
security numberhas a religious objection to being photographed, | 802 |
the elector may execute an affirmation under penalty of election | 803 |
falsification that the elector cannot provide the identification | 804 |
required under that division or the last four digits of the | 805 |
elector's social security number for those reasonsto that effect. | 806 |
Upon signing the affirmation, the elector may cast a provisional | 807 |
ballot under section 3505.181 of the Revised Code. The secretary | 808 |
of state shall prescribe the form of the affirmation, which shall | 809 |
include spaces for all of the following:
| 810 |
(B) After the elector has announced the elector's full name | 836 |
and current address and provided any of the forms of | 837 |
identification required under division (A)(1) of this section, the | 838 |
elector shall writeconfirm the elector's name and address by | 839 |
signing the elector's name at the proper place in the poll list or | 840 |
signature pollbook provided for the purpose, except that if, for | 841 |
any reason, an elector is unable to
writesign the elector's name | 842 |
and current address in the poll list or signature pollbook, the | 843 |
elector may make the elector's mark at the place intended for the | 844 |
elector's name, and a precinct election official shall write the | 845 |
name of the elector at the proper place on the poll list or | 846 |
signature pollbook following the elector's mark. The making of | 847 |
such a mark shall be attested by the precinct election official, | 848 |
who shall evidence the same by signing the precinct election | 849 |
official's name on the poll list or signature pollbook as a | 850 |
witness to the mark. Alternatively, if applicable, an attorney in | 851 |
fact acting pursuant to section 3501.382 of the Revised Code may | 852 |
sign the elector's signature in the poll list or signature | 853 |
pollbook in accordance with that section.
| 854 |
The elector's signature in the poll list or signature | 855 |
pollbook then shall be compared with the elector's signature on | 856 |
the elector's registration form or a digitized signature list as | 857 |
provided for in section 3503.13 of the Revised Code, and if, in | 858 |
the opinion of a majority of the precinct election officials, the | 859 |
signatures are the signatures of the same person, the election | 860 |
officials shall enter the date of the election on the registration | 861 |
form or shall record the date by other means prescribed by the | 862 |
secretary of state. The validity of an attorney in fact's | 863 |
signature on behalf of an elector shall be determined in | 864 |
accordance with section 3501.382 of the Revised Code.
| 865 |
If the right of the elector to vote is not then challenged, | 866 |
or, if being challenged, the elector establishes the elector's | 867 |
right to vote, the elector shall be allowed to proceed to use the | 868 |
voting machine. If voting machines are not being used in that | 869 |
precinct, the judge in charge of ballots shall then detach the | 870 |
next ballots to be issued to the elector from Stub B attached to | 871 |
each ballot, leaving Stub A attached to each ballot, hand the | 872 |
ballots to the elector, and call the elector's name and the stub | 873 |
number on each of the ballots. The judge shall enter the stub | 874 |
numbers opposite the signature of the elector in the pollbook. The | 875 |
elector shall then retire to one of the voting compartments to | 876 |
mark the elector's ballots. No mark shall be made on any ballot | 877 |
which would in any way enable any person to identify the person | 878 |
who voted the ballot.
| 879 |
(b) The appropriate state or local election official shall | 991 |
establish a free access system, in the form of a toll-free | 992 |
telephone number, that any individual who casts a provisional | 993 |
ballot may access to discover whether the vote of that individual | 994 |
was counted, and, if the vote was not counted, the reason that the | 995 |
vote was not counted. The free access system established under | 996 |
this division also shall provide to an individual whose | 997 |
provisional ballot was not counted information explaining how that | 998 |
individual may contact the board of elections to register to vote | 999 |
or to resolve problems with the individual's voter registration. | 1000 |
(6) If, at the time that an individual casts a provisional | 1008 |
ballot, the individual provides identification in the form of a | 1009 |
current and valid photo identification, a military identification, | 1010 |
or a copy of a current utility bill, bank statement, government | 1011 |
check, paycheck, or other government document, other than a notice | 1012 |
of an election mailed by a board of elections under section | 1013 |
3501.19 of the Revised Code or a notice of voter registration | 1014 |
mailed by a board of elections under section 3503.19 of the | 1015 |
Revised Code, that shows the individual's name and current | 1016 |
address, or provides the last four digits of the individual's | 1017 |
social security number, or executes an affirmation that the | 1018 |
elector does not have any of those forms of identification or the | 1019 |
last four digits of the individual's social security number | 1020 |
because the individual does not have a social security number, or | 1021 |
declines to execute such an affirmationindividual has a religious | 1022 |
objection to being photographed, the appropriate local election | 1023 |
official shall record the type of identification provided, the | 1024 |
social security number information,or the fact that the | 1025 |
affirmation was executed, or the fact that the individual declined | 1026 |
to execute such an affirmation and include that information with | 1027 |
the transmission of the ballot or voter or address information | 1028 |
under division (B)(3) of this section. If the individual declines | 1029 |
to execute such an affirmation, the appropriate local election | 1030 |
official shall record the individual's name and include that | 1031 |
information with the transmission of the ballot under division | 1032 |
(B)(3) of this section. | 1033 |
(7) If an individual casts a provisional ballot pursuant to | 1034 |
division (A)(3)(2), (7), (8), (12)(6), or (13)(7) of this section, | 1035 |
the election official shall indicate, on the provisional ballot | 1036 |
verification statement required under section 3505.182 of the | 1037 |
Revised Code, that the individual is required to provide | 1038 |
additional information to the board of elections or that an | 1039 |
application or challenge hearing has been postponed with respect | 1040 |
to the individual, such that additional information is required | 1041 |
for the board of elections to determine the eligibility of the | 1042 |
individual who cast the provisional ballot. | 1043 |
(i) Provideprovide to the board of elections proof of the | 1054 |
individual's identity in the form of a current and valid photo | 1055 |
identification, a military identification, or a copy of a current | 1056 |
utility bill, bank statement, government check, paycheck, or other | 1057 |
government document, other than a notice of an election mailed by | 1058 |
a board of elections under section 3501.19 of the Revised Code or | 1059 |
a notice of voter registration mailed by a board of elections | 1060 |
under section 3503.19 of the Revised Code, that shows the | 1061 |
individual's name and current address; | 1062 |
(C)(1) If an individual declares that the individual is | 1078 |
eligible to vote in a jurisdiction other than the jurisdiction in | 1079 |
which the individual desires to vote, or if, upon review of the | 1080 |
precinct voting location guide using the residential street | 1081 |
address provided by the individual, an election official at the | 1082 |
polling place at which the individual desires to vote determines | 1083 |
that the individual is not eligible to vote in that jurisdiction, | 1084 |
the election official shall direct the individual to the polling | 1085 |
place for the jurisdiction in which the individual appears to be | 1086 |
eligible to vote, explain that the individual may cast a | 1087 |
provisional ballot at the current location but the ballot will not | 1088 |
be counted if it is cast in the wrong precinct, and provide the | 1089 |
telephone number of the board of elections in case the individual | 1090 |
has additional questions. | 1091 |
I understand that, if the above-provided information is not | 1153 |
fully completed and correct, if the board of elections determines | 1154 |
that I am not registered to vote, a resident of this precinct, or | 1155 |
eligible to vote in this election, or if the board of elections | 1156 |
determines that I have already voted in this election, my | 1157 |
provisional ballot will not be counted. I further understand that | 1158 |
knowingly providing false information is a violation of law and | 1159 |
subjects me to possible criminal prosecution. | 1160 |
...... The provisional voter is not able to provide a current | 1215 |
and valid photo identification, a military identification, or a | 1216 |
copy of a current utility bill, bank statement, government check, | 1217 |
paycheck, or other government document, other than a notice of an | 1218 |
election mailed by a board of elections under section 3501.19 of | 1219 |
the Revised Code or a notice of voter registration mailed by a | 1220 |
board of elections under section 3503.19 of the Revised Code, with | 1221 |
the voter's name and current address but does have one of these | 1222 |
forms of identificationand did not execute an affirmation stating | 1223 |
that the voter has a religious objection to being photographed. | 1224 |
The provisional voter must provide
one of the foregoing items of | 1225 |
a photo identification to the board of elections or execute such | 1226 |
an affirmation within ten days after the election. | 1227 |
..... The provisional voter is not able to provide a current | 1228 |
and valid photo identification, a military identification, or a | 1229 |
copy of a current utility bill, bank statement, government check, | 1230 |
paycheck, or other government document, other than a notice of an | 1231 |
election mailed by a board of elections under section 3501.19 of | 1232 |
the Revised Code or a notice of voter registration mailed by a | 1233 |
board of elections under section 3503.19 of the Revised Code, with | 1234 |
the voter's name and current address but does have one of these | 1235 |
forms of identification. Additionally, the provisional voter does | 1236 |
have a social security number but is not able to provide the last | 1237 |
four digits of the voter's social security number before voting. | 1238 |
The provisional voter must provide one of the foregoing items of | 1239 |
identification or the last four digits of the voter's social | 1240 |
security number to the board of elections within ten days after | 1241 |
the election. | 1242 |
..... The provisional voter does not have a current and valid | 1249 |
photo identification, a military identification, a copy of a | 1250 |
current utility bill, bank statement, government check, paycheck, | 1251 |
or other government document with the voter's name and current | 1252 |
address, or a social security number, and has declined to execute | 1253 |
executed an affirmation stating that the provisional voter has a | 1254 |
religious objection to being photographed. | 1255 |
..... The provisional voter declined to provide a current and | 1256 |
valid photo identification, a military identification, a copy of a | 1257 |
current utility bill, bank statement, government check, paycheck, | 1258 |
or other government document with the voter's name and current | 1259 |
address, or the last four digits of the voter's social security | 1260 |
number but does have one of these forms of identification or a | 1261 |
social security number. The provisional voter must provide one of | 1262 |
the foregoing items of identification or the last four digits of | 1263 |
the voter's social security number to the board of elections | 1264 |
within ten days after the election. | 1265 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 1279 |
the board of elections from the precincts, the board shall | 1280 |
separate the provisional ballot envelopes from the rest of the | 1281 |
ballots. Teams of employees of the board consisting of one member | 1282 |
of each major political party shall place the sealed provisional | 1283 |
ballot envelopes in a secure location within the office of the | 1284 |
board. The sealed provisional ballot envelopes shall remain in | 1285 |
that secure location until the validity of those ballots is | 1286 |
determined under division (B) of this section. While the | 1287 |
provisional ballot is stored in that secure location, and prior to | 1288 |
the counting of the provisional ballots, if the board receives | 1289 |
information regarding the validity of a specific provisional | 1290 |
ballot under division (B) of this section, the board may note, on | 1291 |
the sealed provisional ballot envelope for that ballot, whether | 1292 |
the ballot is valid and entitled to be counted. | 1293 |
(B)(1) To determine whether a provisional ballot is valid and | 1294 |
entitled to be counted, the board shall examine its records and | 1295 |
determine whether the individual who cast the provisional ballot | 1296 |
is registered and eligible to vote in the applicable election. The | 1297 |
board shall examine the information contained in the written | 1298 |
affirmation executed by the individual who cast the provisional | 1299 |
ballot under division (B)(2) of section 3505.181 of the Revised | 1300 |
Code. If the individual declines to execute such an affirmation, | 1301 |
the individual's name, written by either the individual or the | 1302 |
election official at the direction of the individual, shall be | 1303 |
included in a written affirmation in order for the provisional | 1304 |
ballot to be eligible to be counted; otherwise, the following | 1305 |
information shall be included in the written affirmation in order | 1306 |
for the provisional ballot to be eligible to be counted: | 1307 |
(2) In addition to the information required to be included in | 1313 |
an affirmation under division (B)(1) of this section, in | 1314 |
determining whether a provisional ballot is valid and entitled to | 1315 |
be counted, the board also shall examine any additional | 1316 |
information for determining ballot validity provided by the | 1317 |
provisional voter on the affirmation, provided by the provisional | 1318 |
voter to an election official under section 3505.182 of the | 1319 |
Revised Code, or provided to the board of elections during the ten | 1320 |
days after the day of the election under division (B)(8) of | 1321 |
section 3505.181 of the Revised Code, to assist the board in | 1322 |
determining the individual's eligibility to vote. | 1323 |
(vii) The individual failed to provide a current and valid | 1369 |
photo identification, a military identification, a copy of a | 1370 |
current utility bill, bank statement, government check, paycheck, | 1371 |
or other government document, other than a notice of an election | 1372 |
mailed by a board of elections under section 3501.19 of the | 1373 |
Revised Code or a notice of voter registration mailed by a board | 1374 |
of elections under section 3503.19 of the Revised Code, with the | 1375 |
voter's name and current address, or the last four digits of the | 1376 |
individual's social security number or to execute an affirmation | 1377 |
under division (A)(2) of section 3505.18 or division (B) of | 1378 |
section 3505.181 of the Revised Code. | 1379 |
(D) Provisional ballots that the board determines are | 1403 |
eligible to be counted under division (B)(3) of this section shall | 1404 |
be counted in the same manner as provided for other ballots under | 1405 |
section 3505.27 of the Revised Code. No provisional ballots shall | 1406 |
be counted in a particular county until the board determines the | 1407 |
eligibility to be counted of all provisional ballots cast in that | 1408 |
county under division (B) of this section for that election. | 1409 |
Observers, as provided in section 3505.21 of the Revised Code, may | 1410 |
be present at all times that the board is determining the | 1411 |
eligibility of provisional ballots to be counted and counting | 1412 |
those provisional ballots determined to be eligible. No person | 1413 |
shall recklessly disclose the count or any portion of the count of | 1414 |
provisional ballots in such a manner as to jeopardize the secrecy | 1415 |
of any individual ballot. | 1416 |
(2) A board of elections shall not examine the provisional | 1423 |
ballot affirmation and additional information under divisions | 1424 |
(B)(1) and (2) of this section of any provisional ballot for which | 1425 |
an election official has indicated under division (B)(7) of | 1426 |
section 3505.181 of the Revised Code that additional information | 1427 |
is required for the board of elections to determine the | 1428 |
eligibility of the individual who cast that provisional ballot | 1429 |
until the individual provides any information required under | 1430 |
division (B)(8) of section 3505.181 of the Revised Code, until any | 1431 |
hearing required to be conducted under section 3503.24 of the | 1432 |
Revised Code with regard to the provisional voter is held, or | 1433 |
until the eleventh day after the day of the election, whichever is | 1434 |
earlier. | 1435 |
(3) A copy of the elector's current and valid photo | 1454 |
identification, a copy of a military identification, or a copy of | 1455 |
a current utility bill, bank statement, government check, | 1456 |
paycheck, or other government document, other than a notice of an | 1457 |
election mailed by a board of elections under section 3501.19 of | 1458 |
the Revised Code or a notice of voter registration mailed by a | 1459 |
board of elections under section 3503.19 of the Revised Code, that | 1460 |
shows the name and address of the elector. | 1461 |
Each application for absent voter's ballots shall be | 1470 |
delivered to the director not earlier than the first day of | 1471 |
January of the year of the elections for which the absent voter's | 1472 |
ballots are requested or not earlier than ninety days before the | 1473 |
day of the election at which the ballots are to be voted, | 1474 |
whichever is earlier, and not later than twelve noon of the third | 1475 |
day before the day of the election at which the ballots are to be | 1476 |
voted, or not later than the close of regular business hours on | 1477 |
the day before the day of the election at which the ballots are to | 1478 |
be voted if the application is delivered in person to the office | 1479 |
of the board. | 1480 |
(c) A copy of the elector's current and valid photo | 1502 |
identification, a copy of a military identification, or a copy of | 1503 |
a current utility bill, bank statement, government check, | 1504 |
paycheck, or other government document, other than a notice of an | 1505 |
election mailed by a board of elections under section 3501.19 of | 1506 |
the Revised Code or a notice of voter registration mailed by a | 1507 |
board of elections under section 3503.19 of the Revised Code, that | 1508 |
shows the name and address of the elector. | 1509 |
(B) Application to have absent voter's ballots mailed or sent | 1523 |
by facsimile machine to a qualified elector who is a member of the | 1524 |
organized militia called to active duty within the state and who | 1525 |
will be unable to vote on election day on account of that active | 1526 |
duty may be made by the spouse of the militia member or the | 1527 |
father, mother, father-in-law, mother-in-law, grandfather, | 1528 |
grandmother, brother or sister of the whole blood or half blood, | 1529 |
son, daughter, adopting parent, adopted child, stepparent, | 1530 |
stepchild, uncle, aunt, nephew, or niece of the militia member. | 1531 |
The application shall be in writing upon a blank form furnished | 1532 |
only by the director. The form of the application shall be | 1533 |
prescribed by the secretary of state. The director shall furnish | 1534 |
that blank form to any of the relatives specified in this division | 1535 |
desiring to make the application, only upon the request of such a | 1536 |
relative in person at the office of the board or upon the written | 1537 |
request of such a relative mailed to the office of the board. The | 1538 |
application, subscribed and sworn to by the applicant, shall | 1539 |
contain all of the following: | 1540 |
(c) A copy of the elector's current and valid photo | 1551 |
identification, a copy of a military identification, or a copy of | 1552 |
a current utility bill, bank statement, government check, | 1553 |
paycheck, or other government document, other than a notice of an | 1554 |
election mailed by a board of elections under section 3501.19 of | 1555 |
the Revised Code or a notice of voter registration mailed by a | 1556 |
board of elections under section 3503.19 of the Revised Code, that | 1557 |
shows the name and address of the elector. | 1558 |
(C) Applications to have absent voter's ballots mailed or | 1572 |
sent by facsimile machine shall not be valid if dated, postmarked, | 1573 |
or received by the director prior to the ninetieth day before the | 1574 |
day of the election for which ballots are requested or if | 1575 |
delivered to the director later than twelve noon of the third day | 1576 |
preceding the day of such election. If, after the ninetieth day | 1577 |
and before four p.m. of the day before the day of an election, a | 1578 |
valid application for absent voter's ballots is delivered to the | 1579 |
director of elections at the office of the board by a militia | 1580 |
member making application in the militia member's own behalf, the | 1581 |
director shall forthwith deliver to the militia member all absent | 1582 |
voter's ballots then ready for use, together with an | 1583 |
identification envelope. The militia member shall then vote the | 1584 |
absent voter's ballots in the manner provided in section 3509.05 | 1585 |
of the Revised Code. | 1586 |
(B) Upon receipt by the director of elections of an | 1592 |
application for absent voter's ballots that contains all of the | 1593 |
required information, as provided by sections 3509.03 and 3509.031 | 1594 |
and division (G) of section 3503.16 of the Revised Code, the | 1595 |
director, if the director finds that the applicant is a qualified | 1596 |
elector, shall deliver to the applicant in person or mail directly | 1597 |
to the applicant by special delivery mail, air mail, or regular | 1598 |
mail, postage prepaid, proper absent voter's ballots. The director | 1599 |
shall deliver or mail with the ballots an unsealed identification | 1600 |
envelope upon the face of which shall be printed a form | 1601 |
substantially as follows: | 1602 |
...... In lieu of providing a driver's license number or the | 1631 |
last four digits of my Social Security Number, I am enclosing a | 1632 |
copy of one of the following in the return envelope in which this | 1633 |
identification envelope will be mailed: a current and valid photo | 1634 |
identification, a military identification, or a current utility | 1635 |
bill, bank statement, government check, paycheck, or other | 1636 |
government document, other than a notice of an election mailed by | 1637 |
a board of elections under section 3501.19 of the Revised Code or | 1638 |
a notice of voter registration mailed by a board of elections, | 1639 |
that shows my name and address. | 1640 |
Sec. 3509.05. (A) When an elector receives an absent voter's | 1656 |
ballot pursuant to the elector's application or request, the | 1657 |
elector shall, before placing any marks on the ballot, note | 1658 |
whether there are any voting marks on it. If there are any voting | 1659 |
marks, the ballot shall be returned immediately to the board of | 1660 |
elections; otherwise, the elector shall cause the ballot to be | 1661 |
marked, folded in a manner that the stub on it and the | 1662 |
indorsements and facsimile signatures of the members of the board | 1663 |
of elections on the back of it are visible, and placed and sealed | 1664 |
within the identification envelope received from the director of | 1665 |
elections for that purpose. Then, the elector shall cause the | 1666 |
statement of voter on the outside of the identification envelope | 1667 |
to be completed and signed, under penalty of election | 1668 |
falsification. | 1669 |
If the elector does notis marking the absent voter's ballots | 1670 |
in person at the board of elections or another voting location, | 1671 |
the elector shall provide photo identification to the election | 1672 |
officials, or the elector may execute an affirmation under | 1673 |
division (A)(2) of section 3305.18 of the Revised Code stating | 1674 |
that the elector has a religious objection to being photographed | 1675 |
and cast a provisional ballot under section 3505.181 of the | 1676 |
Revised Code. If the elector is not marking the absent voter's | 1677 |
ballots in person, the elector shall provide the elector's | 1678 |
driver's license number or the last four digits of the elector's | 1679 |
social security number on the statement of voter on the | 1680 |
identification envelope, or the elector also shall include in the | 1681 |
return envelope with the identification envelope a copy of the | 1682 |
elector's current valid photo identification, a copy of a military | 1683 |
identification, or a copy of a current utility bill, bank | 1684 |
statement, government check, paycheck, or other government | 1685 |
document, other than a notice of an election mailed by a board of | 1686 |
elections under section 3501.19 of the Revised Code or a notice of | 1687 |
voter registration mailed by a board of elections under section | 1688 |
3503.19 of the Revised Code, that shows the name and address of | 1689 |
the elector. | 1690 |
The elector shall mail the identification envelope to the | 1691 |
director from whom it was received in the return envelope, postage | 1692 |
prepaid, or the elector may personally deliver it to the director, | 1693 |
or the spouse of the elector, the father, mother, father-in-law, | 1694 |
mother-in-law, grandfather, grandmother, brother, or sister of the | 1695 |
whole or half blood, or the son, daughter, adopting parent, | 1696 |
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 1697 |
niece of the elector may deliver it to the director. The return | 1698 |
envelope shall be transmitted to the director in no other manner, | 1699 |
except as provided in section 3509.08 of the Revised Code. | 1700 |
Except as otherwise provided in division (B) of this section, | 1709 |
all other envelopes containing marked absent voter's ballots shall | 1710 |
be delivered to the director not later than the close of the polls | 1711 |
on the day of an election. Absent voter's ballots delivered to the | 1712 |
director later than the times specified shall not be counted, but | 1713 |
shall be kept by the board in the sealed identification envelopes | 1714 |
in which they are delivered to the director, until the time | 1715 |
provided by section 3505.31 of the Revised Code for the | 1716 |
destruction of all other ballots used at the election for which | 1717 |
ballots were provided, at which time they shall be destroyed. | 1718 |
(B)(1) Except as otherwise provided in division (B)(2) of | 1719 |
this section, any return envelope that is postmarked prior to the | 1720 |
day of the election shall be delivered to the director prior to | 1721 |
the eleventh day after the election. Ballots delivered in | 1722 |
envelopes postmarked prior to the day of the election that are | 1723 |
received after the close of the polls on election day through the | 1724 |
tenth day thereafter shall be counted on the eleventh day at the | 1725 |
board of elections in the manner provided in divisions (C) and (D) | 1726 |
of section 3509.06 of the Revised Code. Any such ballots that are | 1727 |
received by the director later than the tenth day following the | 1728 |
election shall not be counted, but shall be kept by the board in | 1729 |
the sealed identification envelopes as provided in division (A) of | 1730 |
this section. | 1731 |
Sec. 3511.02. Notwithstanding any section of the Revised | 1735 |
Code to the contrary, whenever any person applies for registration | 1736 |
as a voter on a form adopted in accordance with federal | 1737 |
regulations relating to the "Uniformed and Overseas Citizens | 1738 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 1739 |
this application shall be sufficient for voter registration and as | 1740 |
a request for an absent voter's ballot. Uniformed services or | 1741 |
overseas absent voter's ballots may be obtained by any person | 1742 |
meeting the requirements of section 3511.01 of the Revised Code by | 1743 |
applying electronically to the secretary of state or to the board | 1744 |
of elections of the county in which the person's voting residence | 1745 |
is located in accordance with section 3511.021 of the Revised Code | 1746 |
or by applying to the director of the board of elections of the | 1747 |
county in which the person's voting residence is located, in one | 1748 |
of the following ways: | 1749 |
(c) A copy of the elector's current and valid photo | 1767 |
identification, a copy of a military identification, or a copy of | 1768 |
a current utility bill, bank statement, government check, | 1769 |
paycheck, or other government document, other than a notice of an | 1770 |
election mailed by a board of elections under section 3501.19 of | 1771 |
the Revised Code or a notice of voter registration mailed by a | 1772 |
board of elections under section 3503.19 of the Revised Code, that | 1773 |
shows the name and address of the elector. | 1774 |
(B) A voter or any relative of a voter listed in division (C) | 1793 |
of this section may use a single federal post card application to | 1794 |
apply for uniformed services or overseas absent voter's ballots | 1795 |
for use at the primary and general elections in a given year and | 1796 |
any special election to be held on the day in that year specified | 1797 |
by division (E) of section 3501.01 of the Revised Code for the | 1798 |
holding of a primary election, designated by the general assembly | 1799 |
for the purpose of submitting constitutional amendments proposed | 1800 |
by the general assembly to the voters of the state. A single | 1801 |
federal postcard application shall be processed by the board of | 1802 |
elections pursuant to section 3511.04 of the Revised Code the same | 1803 |
as if the voter had applied separately for uniformed services or | 1804 |
overseas absent voter's ballots for each election. | 1805 |
(C) Application to have uniformed services or overseas absent | 1806 |
voter's ballots mailed or sent by facsimile machine to such a | 1807 |
person may be made by the spouse, father, mother, father-in-law, | 1808 |
mother-in-law, grandfather, grandmother, brother or sister of the | 1809 |
whole blood or half blood, son, daughter, adopting parent, adopted | 1810 |
child, stepparent, stepchild, uncle, aunt, nephew, or niece of | 1811 |
such a person. The application shall be in writing upon a blank | 1812 |
form furnished only by the director or on a single federal post | 1813 |
card as provided in division (B) of this section. The form of the | 1814 |
application shall be prescribed by the secretary of state. The | 1815 |
director shall furnish that blank form to any of the relatives | 1816 |
specified in this division desiring to make the application, only | 1817 |
upon the request of such a relative made in person at the office | 1818 |
of the board or upon the written request of such a relative mailed | 1819 |
to the office of the board. The application, subscribed and sworn | 1820 |
to by the applicant, shall contain all of the following: | 1821 |
(c) A copy of the elector's current and valid photo | 1837 |
identification, a copy of a military identification, or a copy of | 1838 |
a current utility bill, bank statement, government check, | 1839 |
paycheck, or other government document, other than a notice of an | 1840 |
election mailed by a board of elections under section 3501.19 of | 1841 |
the Revised Code or a notice of voter registration mailed by a | 1842 |
board of elections under section 3503.19 of the Revised Code, that | 1843 |
shows the name and address of the elector. | 1844 |
Each application for uniformed services or overseas absent | 1858 |
voter's ballots shall be delivered to the director not earlier | 1859 |
than the first day of January of the year of the elections for | 1860 |
which the uniformed services or overseas absent voter's ballots | 1861 |
are requested or not earlier than ninety days before the day of | 1862 |
the election at which the ballots are to be voted, whichever is | 1863 |
earlier, and not later than twelve noon of the third day preceding | 1864 |
the day of the election, or not later than the close of regular | 1865 |
business hours on the day before the day of the election at which | 1866 |
those ballots are to be voted if the application is delivered in | 1867 |
person to the office of the board. | 1868 |
Sec. 3511.05. (A) The director of the board of elections | 1876 |
shall place uniformed services or overseas absent voter's ballots | 1877 |
sent by mail in an unsealed identification envelope, gummed ready | 1878 |
for sealing. The director shall include with uniformed services or | 1879 |
overseas absent voter's ballots sent electronically, including by | 1880 |
facsimile machine, an instruction sheet for preparing a gummed | 1881 |
envelope in which the ballots shall be returned. The envelope for | 1882 |
returning ballots sent by either means shall have printed or | 1883 |
written on its face a form substantially as follows: | 1884 |
...... In lieu of providing a driver's license number or the | 1913 |
last four digits of my Social Security Number, I am enclosing a | 1914 |
copy of one of the following in the return envelope in which this | 1915 |
identification envelope will be mailed: a current and valid photo | 1916 |
identification, a military identification, or a current utility | 1917 |
bill, bank statement, government check, paycheck, or other | 1918 |
government document, other than a notice of an election mailed by | 1919 |
a board of elections under section 3501.19 of the Revised Code or | 1920 |
a notice of voter registration mailed by a board of elections, | 1921 |
that shows my name and address. | 1922 |
(B) The director shall also mail with the ballots and the | 1929 |
unsealed identification envelope sent by mail an unsealed return | 1930 |
envelope, gummed, ready for sealing, for use by the voter in | 1931 |
returning the voter's marked ballots to the director. The director | 1932 |
shall send with the ballots and the instruction sheet for | 1933 |
preparing a gummed envelope sent electronically, including by | 1934 |
facsimile machine, an instruction sheet for preparing a second | 1935 |
gummed envelope as described in this division, for use by the | 1936 |
voter in returning that voter's marked ballots to the director. | 1937 |
The return envelope shall have two parallel lines, each one | 1938 |
quarter of an inch in width, printed across its face paralleling | 1939 |
the top, with an intervening space of one quarter of an inch | 1940 |
between such lines. The top line shall be one and one-quarter | 1941 |
inches from the top of the envelope. Between the parallel lines | 1942 |
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR | 1943 |
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank | 1944 |
lines shall be printed in the upper left corner on the face of the | 1945 |
envelope for the use by the voter in placing the voter's complete | 1946 |
military, naval, or mailing address on these lines, and beneath | 1947 |
these lines there shall be printed a box beside the words "check | 1948 |
if out-of-country." The voter shall check this box if the voter | 1949 |
will be outside the United States on the day of the election. The | 1950 |
official title and the post-office address of the director to whom | 1951 |
the envelope shall be returned shall be printed on the face of | 1952 |
such envelope in the lower right portion below the bottom parallel | 1953 |
line. | 1954 |
Sec. 3511.09. Upon receiving uniformed services or overseas | 1973 |
absent voter's ballots, the elector shall cause the questions on | 1974 |
the face of the identification envelope to be answered, and, by | 1975 |
writing the elector's usual signature in the proper place on the | 1976 |
identification envelope, the elector shall declare under penalty | 1977 |
of election falsification that the answers to those questions are | 1978 |
true and correct to the best of the elector's knowledge and | 1979 |
belief. Then, the elector shall note whether there are any voting | 1980 |
marks on the ballot. If there are any voting marks, the ballot | 1981 |
shall be returned immediately to the board of elections; | 1982 |
otherwise, the elector shall cause the ballot to be marked, folded | 1983 |
separately so as to conceal the markings on it, deposited in the | 1984 |
identification envelope, and securely sealed in the identification | 1985 |
envelope. The elector then shall cause the identification envelope | 1986 |
to be placed within the return envelope, sealed in the return | 1987 |
envelope, and mailed to the director of the board of elections to | 1988 |
whom it is addressed. If the elector does notis marking the | 1989 |
absent voter's ballots in person at the board of elections or | 1990 |
another voting location, the elector shall provide photo | 1991 |
identification to the election officials, or the elector may | 1992 |
execute an affirmation under division (A)(2) of section 3505.18 of | 1993 |
the Revised Code stating that the elector has a religious | 1994 |
objection to being photographed and cast a provisional ballot | 1995 |
under section 3505.181 of the Revised Code. If the elector is not | 1996 |
marking the absent voter's ballots in person, the elector shall | 1997 |
provide the elector's driver's license number or the last four | 1998 |
digits of the elector's social security number on the statement of | 1999 |
voter on the identification envelope, or the elector also shall | 2000 |
include in the return envelope with the identification envelope a | 2001 |
copy of the elector's current valid photo identification, a copy | 2002 |
of a military identification, or a copy of a current utility bill, | 2003 |
bank statement, government check, paycheck, or other government | 2004 |
document, other than a notice of an election mailed by a board of | 2005 |
elections under section 3501.19 of the Revised Code or a notice of | 2006 |
voter registration mailed by a board of elections under section | 2007 |
3503.19 of the Revised Code, that shows the name and address of | 2008 |
the elector. Each elector who will be outside the United States on | 2009 |
the day of the election shall check the box on the return envelope | 2010 |
indicating this fact and shall mail the return envelope to the | 2011 |
director prior to the close of the polls on election day. | 2012 |
Sec. 4507.50. (A) The registrar of motor vehicles or a | 2017 |
deputy registrar, upon receipt of an application filed in | 2018 |
compliance with section 4507.51 of the Revised Code by any person | 2019 |
who is a resident or a temporary resident of this state and, | 2020 |
except as otherwise provided in this section, is not licensed as | 2021 |
an operator of a motor vehicle in this state or another licensing | 2022 |
jurisdiction, and, except as provided in divisiondivisions (B) | 2023 |
and (C) of this section, upon receipt of a fee of three dollars | 2024 |
and fifty cents, shall issue an identification card to that | 2025 |
person. | 2026 |
Any person who is a resident or temporary resident of this | 2027 |
state whose Ohio driver's or commercial driver's license has been | 2028 |
suspended or canceled, upon application in compliance with section | 2029 |
4507.51 of the Revised Code and, except as provided in division | 2030 |
(B) of this section, payment of a fee of three dollars and fifty | 2031 |
cents, may be issued a temporary identification card. The | 2032 |
temporary identification card shall be identical to an | 2033 |
identification card, except that it shall be printed on its face | 2034 |
with a statement that the card is valid during the effective dates | 2035 |
of the suspension or cancellation of the cardholder's license, or | 2036 |
until the birthday of the cardholder in the fourth year after the | 2037 |
date on which it is issued, whichever is shorter. The cardholder | 2038 |
shall surrender the identification card to the registrar or any | 2039 |
deputy registrar before the cardholder's driver's or commercial | 2040 |
driver's license is restored or reissued. | 2041 |
Except as provided in divisiondivisions (B) and (C) of this | 2042 |
section, the deputy registrar shall be allowed a fee of two | 2043 |
dollars and seventy-five cents commencing on July 1, 2001, three | 2044 |
dollars and twenty-five cents commencing on January 1, 2003, and | 2045 |
three dollars and fifty cents commencing on January 1, 2004, for | 2046 |
each identification card issued under this section. The fee | 2047 |
allowed to the deputy registrar shall be in addition to the fee | 2048 |
for issuing an identification card. | 2049 |
Neither the registrar nor any deputy registrar shall charge a | 2050 |
fee in excess of one dollar and fifty cents for laminating an | 2051 |
identification card or temporary identification card. A deputy | 2052 |
registrar laminating such a card shall retain the entire amount of | 2053 |
the fee charged for lamination, less the actual cost to the | 2054 |
registrar of the laminating materials used for that lamination, as | 2055 |
specified in the contract executed by the bureau for the | 2056 |
laminating materials and laminating equipment. The deputy | 2057 |
registrar shall forward the amount of the cost of the laminating | 2058 |
materials to the registrar for deposit as provided in this | 2059 |
section. | 2060 |
The identification card shall display substantially the same | 2098 |
information as contained in the application and as described in | 2099 |
division (A)(1) of section 4507.51 of the Revised Code, but shall | 2100 |
not display the cardholder's social security number unless the | 2101 |
cardholder specifically requests that the cardholder's social | 2102 |
security number be displayed on the card. If federal law requires | 2103 |
the cardholder's social security number to be displayed on the | 2104 |
identification card, the social security number shall be displayed | 2105 |
on the card notwithstanding this section. The identification card | 2106 |
also shall display the color photograph of the cardholder. If the | 2107 |
cardholder has executed a durable power of attorney for health | 2108 |
care or a declaration governing the use or continuation, or the | 2109 |
withholding or withdrawal, of life-sustaining treatment and has | 2110 |
specified that the cardholder wishes the identification card to | 2111 |
indicate that the cardholder has executed either type of | 2112 |
instrument, the card also shall display any symbol chosen by the | 2113 |
registrar to indicate that the cardholder has executed either type | 2114 |
of instrument. On and after October 7, 2009, if the cardholder has | 2115 |
specified that the cardholder wishes the identification card to | 2116 |
indicate that the cardholder is a veteran, active duty, or | 2117 |
reservist of the armed forces of the United States and has | 2118 |
presented a copy of the cardholder's DD-214 form or an equivalent | 2119 |
document, the card also shall display any symbol chosen by the | 2120 |
registrar to indicate that the cardholder is a veteran, active | 2121 |
duty, or reservist of the armed forces of the United States. The | 2122 |
card shall be sealed in transparent plastic or similar material | 2123 |
and shall be so designed as to prevent its reproduction or | 2124 |
alteration without ready detection. | 2125 |
Every identification card issued to a resident of this state | 2134 |
shall expire, unless canceled or surrendered earlier, on the | 2135 |
birthday of the cardholder in the fourth year after the date on | 2136 |
which it is issued. Every identification card issued to a | 2137 |
temporary resident shall expire in accordance with rules adopted | 2138 |
by the registrar and is nonrenewable, but may be replaced with a | 2139 |
new identification card upon the applicant's compliance with all | 2140 |
applicable requirements. A cardholder may renew the cardholder's | 2141 |
identification card within ninety days prior to the day on which | 2142 |
it expires by filing an application and paying the prescribed fee | 2143 |
in accordance with section 4507.50 of the Revised Code. | 2144 |
When a cardholder applies for a duplicate or obtains a | 2164 |
replacement identification card, the cardholder shall pay a fee of | 2165 |
two dollars and fifty cents. A deputy registrar shall be allowed | 2166 |
an additional fee of two dollars and seventy-five cents commencing | 2167 |
on July 1, 2001, three dollars and twenty-five cents commencing on | 2168 |
January 1, 2003, and three dollars and fifty cents commencing on | 2169 |
January 1, 2004, for issuing a duplicate or replacement | 2170 |
identification card. A disabled veteran who is a cardholder and | 2171 |
has a service-connected disability rated at one hundred per cent | 2172 |
by the veterans' administration may apply to the registrar or a | 2173 |
deputy registrar for the issuance of a duplicate or replacement | 2174 |
identification card without payment of any fee prescribed in this | 2175 |
section, and without payment of any lamination fee if the disabled | 2176 |
veteran would not be required to pay a lamination fee in | 2177 |
connection with the issuance of an identification card or | 2178 |
temporary identification card as provided in division (B) of | 2179 |
section 4507.50 of the Revised Code.
An individual who is a | 2180 |
cardholder and who applied for and received that card under | 2181 |
division (C) of section 4507.50 of the Revised Code may apply to | 2182 |
the registrar or a deputy registrar for the issuance of a | 2183 |
duplicate or replacement identification card without payment of | 2184 |
any fee prescribed in this section, and without payment of any | 2185 |
lamination fee if the individual would not be required to pay a | 2186 |
lamination fee in connection with the issuance of an | 2187 |
identification card or temporary identification card as provided | 2188 |
in division (C) of section 4507.50 of the Revised Code. | 2189 |
Section 2. That existing sections 3501.01, 3503.14, 3503.16, | 2216 |
3503.19, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, | 2217 |
3509.031, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09, 4507.50, | 2218 |
and 4507.52 of the Revised Code are hereby repealed. | 2219 |