As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 159


Representatives Mecklenborg, Blessing 

Cosponsors: Representatives Adams, J., Anielski, Beck, Bubp, Grossman, Johnson, Maag, Martin, Uecker, Young 

A BILL
To amend sections 3501.01, 3503.14, 3503.15, 3503.16, 1
3503.19, 3503.24, 3503.28, 3505.18, 3505.181, 2
3505.182, 3505.183, 3509.03, 3509.031, 3509.04, 3
3509.05, 3509.08, 3511.02, 3511.05, 3511.09, and 4
4507.50 of the Revised Code to generally require 5
electors who appear at a polling place to vote or 6
who cast absent voter's ballots in person to 7
provide photo identification, to establish a 8
process for electors to receive free photo 9
identification, to establish a process to permit 10
electors with a religious objection to being 11
photographed to vote, and to revise the 12
information that must accompany a provisional 13
ballot for that ballot to be eligible to be 14
counted.15


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

       Section 1. That sections 3501.01, 3503.14, 3503.15, 3503.16, 16
3503.19, 3503.24, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 17
3509.03, 3509.031, 3509.04, 3509.05, 3509.08, 3511.02, 3511.05, 18
3511.09, and 4507.50 of the Revised Code be amended to read as 19
follows:20

       Sec. 3501.01.  As used in the sections of the Revised Code 21
relating to elections and political communications:22

       (A) "General election" means the election held on the first 23
Tuesday after the first Monday in each November.24

       (B) "Regular municipal election" means the election held on 25
the first Tuesday after the first Monday in November in each 26
odd-numbered year.27

       (C) "Regular state election" means the election held on the 28
first Tuesday after the first Monday in November in each 29
even-numbered year.30

       (D) "Special election" means any election other than those 31
elections defined in other divisions of this section. A special 32
election may be held only on the first Tuesday after the first 33
Monday in February, May, August, or November, or on the day 34
authorized by a particular municipal or county charter for the 35
holding of a primary election, except that in any year in which a 36
presidential primary election is held, no special election shall 37
be held in February or May, except as authorized by a municipal or 38
county charter, but may be held on the first Tuesday after the 39
first Monday in March.40

       (E)(1) "Primary" or "primary election" means an election held 41
for the purpose of nominating persons as candidates of political 42
parties for election to offices, and for the purpose of electing 43
persons as members of the controlling committees of political 44
parties and as delegates and alternates to the conventions of 45
political parties. Primary elections shall be held on the first 46
Tuesday after the first Monday in May of each year except in years 47
in which a presidential primary election is held.48

       (2) "Presidential primary election" means a primary election 49
as defined by division (E)(1) of this section at which an election 50
is held for the purpose of choosing delegates and alternates to 51
the national conventions of the major political parties pursuant 52
to section 3513.12 of the Revised Code. Unless otherwise 53
specified, presidential primary elections are included in 54
references to primary elections. In years in which a presidential 55
primary election is held, all primary elections shall be held on 56
the first Tuesday after the first Monday in March except as 57
otherwise authorized by a municipal or county charter.58

       (F) "Political party" means any group of voters meeting the 59
requirements set forth in section 3517.01 of the Revised Code for 60
the formation and existence of a political party.61

       (1) "Major political party" means any political party 62
organized under the laws of this state whose candidate for 63
governor or nominees for presidential electors received no less 64
than twenty per cent of the total vote cast for such office at the 65
most recent regular state election.66

       (2) "Intermediate political party" means any political party 67
organized under the laws of this state whose candidate for 68
governor or nominees for presidential electors received less than 69
twenty per cent but not less than ten per cent of the total vote 70
cast for such office at the most recent regular state election.71

       (3) "Minor political party" means any political party 72
organized under the laws of this state whose candidate for 73
governor or nominees for presidential electors received less than 74
ten per cent but not less than five per cent of the total vote 75
cast for such office at the most recent regular state election or 76
which has filed with the secretary of state, subsequent to any 77
election in which it received less than five per cent of such 78
vote, a petition signed by qualified electors equal in number to 79
at least one per cent of the total vote cast for such office in 80
the last preceding regular state election, except that a newly 81
formed political party shall be known as a minor political party 82
until the time of the first election for governor or president 83
which occurs not less than twelve months subsequent to the 84
formation of such party, after which election the status of such 85
party shall be determined by the vote for the office of governor 86
or president.87

       (G) "Dominant party in a precinct" or "dominant political 88
party in a precinct" means that political party whose candidate 89
for election to the office of governor at the most recent regular 90
state election at which a governor was elected received more votes 91
than any other person received for election to that office in such 92
precinct at such election.93

       (H) "Candidate" means any qualified person certified in 94
accordance with the provisions of the Revised Code for placement 95
on the official ballot of a primary, general, or special election 96
to be held in this state, or any qualified person who claims to be 97
a write-in candidate, or who knowingly assents to being 98
represented as a write-in candidate by another at either a 99
primary, general, or special election to be held in this state.100

       (I) "Independent candidate" means any candidate who claims 101
not to be affiliated with a political party, and whose name has 102
been certified on the office-type ballot at a general or special 103
election through the filing of a statement of candidacy and 104
nominating petition, as prescribed in section 3513.257 of the 105
Revised Code.106

       (J) "Nonpartisan candidate" means any candidate whose name is 107
required, pursuant to section 3505.04 of the Revised Code, to be 108
listed on the nonpartisan ballot, including all candidates for 109
judicial office, for member of any board of education, for 110
municipal or township offices in which primary elections are not 111
held for nominating candidates by political parties, and for 112
offices of municipal corporations having charters that provide for 113
separate ballots for elections for these offices.114

       (K) "Party candidate" means any candidate who claims to be a 115
member of a political party, whose name has been certified on the 116
office-type ballot at a general or special election through the 117
filing of a declaration of candidacy and petition of candidate, 118
and who has won the primary election of the candidate's party for 119
the public office the candidate seeks or is selected by party 120
committee in accordance with section 3513.31 of the Revised Code.121

       (L) "Officer of a political party" includes, but is not 122
limited to, any member, elected or appointed, of a controlling 123
committee, whether representing the territory of the state, a 124
district therein, a county, township, a city, a ward, a precinct, 125
or other territory, of a major, intermediate, or minor political 126
party.127

       (M) "Question or issue" means any question or issue certified 128
in accordance with the Revised Code for placement on an official 129
ballot at a general or special election to be held in this state.130

       (N) "Elector" or "qualified elector" means a person having 131
the qualifications provided by law to be entitled to vote.132

       (O) "Voter" means an elector who votes at an election.133

       (P) "Voting residence" means that place of residence of an 134
elector which shall determine the precinct in which the elector 135
may vote.136

       (Q) "Precinct" means a district within a county established 137
by the board of elections of such county within which all 138
qualified electors having a voting residence therein may vote at 139
the same polling place.140

       (R) "Polling place" means that place provided for each 141
precinct at which the electors having a voting residence in such 142
precinct may vote.143

       (S) "Board" or "board of elections" means the board of 144
elections appointed in a county pursuant to section 3501.06 of the 145
Revised Code.146

       (T) "Political subdivision" means a county, township, city, 147
village, or school district.148

       (U) "Election officer" or "election official" means any of 149
the following:150

       (1) Secretary of state;151

       (2) Employees of the secretary of state serving the division 152
of elections in the capacity of attorney, administrative officer, 153
administrative assistant, elections administrator, office manager, 154
or clerical supervisor;155

       (3) Director of a board of elections;156

       (4) Deputy director of a board of elections;157

       (5) Member of a board of elections;158

       (6) Employees of a board of elections;159

       (7) Precinct polling place judgeselection officials;160

       (8) Employees appointed by the boards of elections on a 161
temporary or part-time basis.162

       (V) "Acknowledgment notice" means a notice sent by a board of 163
elections, on a form prescribed by the secretary of state, 164
informing a voter registration applicant or an applicant who 165
wishes to change the applicant's residence or name of the status 166
of the application; the information necessary to complete or 167
update the application, if any; and if the application is 168
complete, the precinct in which the applicant is to vote.169

       (W) "Confirmation notice" means a notice sent by a board of 170
elections, on a form prescribed by the secretary of state, to a 171
registered elector to confirm the registered elector's current 172
address.173

       (X) "Designated agency" means an office or agency in the 174
state that provides public assistance or that provides 175
state-funded programs primarily engaged in providing services to 176
persons with disabilities and that is required by the National 177
Voter Registration Act of 1993 to implement a program designed and 178
administered by the secretary of state for registering voters, or 179
any other public or government office or agency that implements a 180
program designed and administered by the secretary of state for 181
registering voters, including the department of job and family 182
services, the program administered under section 3701.132 of the 183
Revised Code by the department of health, the department of mental 184
health, the department of developmental disabilities, the 185
rehabilitation services commission, and any other agency the 186
secretary of state designates. "Designated agency" does not 187
include public high schools and vocational schools, public 188
libraries, or the office of a county treasurer.189

       (Y) "National Voter Registration Act of 1993" means the 190
"National Voter Registration Act of 1993," 107 Stat. 77, 42 191
U.S.C.A. 1973gg.192

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 193
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.194

       (AA) "Photo identification" means a document that meets each 195
of the following requirements:196

        (1) It showsContains the name of the individual to whom it 197
was issuedelector, which shall conform to the name in the poll 198
list or signature pollbook.individual's voter registration 199
record;200

       (2) It shows the current address of the individual to whom 201
it was issued, which shall conform to the address in the poll list 202
or signature pollbook, except for a driver's license or a state 203
identification card issued under section 4507.50 of the Revised 204
Code, which may show either the current or former address of the 205
individual to whom it was issued, regardless of whether that 206
address conforms to the address in the poll list or signature 207
pollbook.208

       (3) It showsContains a photograph of the individual to whom 209
it was issued.210

       (4) It includes;211

       (3) Contains an expiration date that has not passed.212

       (5) It was issued by the government of the United States or 213
this stateis not expired or that expired after the date of the 214
most recent general election, unless the document is one of the 215
following:216

       (a) An Ohio driver's license or Ohio commercial driver's 217
license, which may contain an expiration date that has expired at 218
any time prior to the date on which it is presented as 219
identification; or220

       (b) A United States military identification card, which is 221
not required to contain an expiration date.222

       (4) Is one of the following documents:223

       (a) A valid Ohio driver's license or Ohio commercial driver's 224
license issued by the registrar of motor vehicles or a deputy 225
registrar under Chapter 4507. of the Revised Code that shows the 226
current or former address of the elector, regardless of whether 227
that address conforms to the address in the individual's voter 228
registration record;229

       (b) A valid state identification card issued by the registrar 230
of motor vehicles or a deputy registrar under section 4507.50 of 231
the Revised Code that shows the current or former address of the 232
elector, regardless of whether that address conforms to the 233
address in the individual's voter registration record;234

       (c) A valid United States military identification card; or235

       (d) A valid United States passport;236

       (BB) "Nonphoto state identification card" means a state 237
identification card issued without a photograph pursuant to rules 238
adopted under division (D) of section 4507.50 of the Revised Code 239
to a person who has a religious objection to being photographed.240

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 241
form and content of the registration, change of residence, and 242
change of name forms used in this state. The forms shall meet the 243
requirements of the National Voter Registration Act of 1993 and 244
shall include spaces for all of the following:245

       (1) The voter's name;246

       (2) The voter's address;247

       (3) The current date;248

       (4) The voter's date of birth;249

       (5) The voter to provide one or more of the following:250

       (a) The voter's driver's license number or state 251
identification card number, if any;252

       (b) The last four digits of the voter's social security 253
number, if any;254

       (c) A copy of a current and valid photo identification, a 255
copy of a militarynonphoto state identification card, or a copy 256
of a current utility bill, bank statement, government check, 257
paycheck, or other government document, other than a notice of an 258
election mailed by a board of elections under section 3501.19 of 259
the Revised Code or a notice of voter registration mailed by a 260
board of elections under section 3503.19 of the Revised Code, that 261
shows the voter's name and address.262

       (6) The voter's signature.263

       The registration form shall include a space on which the 264
person registering an applicant shall sign the person's name and 265
provide the person's address and a space on which the person 266
registering an applicant shall name the employer who is employing 267
that person to register the applicant.268

       Except for forms prescribed by the secretary of state under 269
section 3503.11 of the Revised Code, the secretary of state shall 270
permit boards of elections to produce forms that have subdivided 271
spaces for each individual alphanumeric character of the 272
information provided by the voter so as to accommodate the 273
electronic reading and conversion of the voter's information to 274
data and the subsequent electronic transfer of that data to the 275
statewide voter registration database established under section 276
3503.15 of the Revised Code.277

        (B) None of the following persons who are registering an 278
applicant in the course of that official's or employee's normal 279
duties shall sign the person's name, provide the person's address, 280
or name the employer who is employing the person to register an 281
applicant on a form prepared under this section:282

       (1) An election official;283

       (2) A county treasurer;284

       (3) A deputy registrar of motor vehicles;285

       (4) An employee of a designated agency;286

       (5) An employee of a public high school;287

       (6) An employee of a public vocational school;288

       (7) An employee of a public library;289

       (8) An employee of the office of a county treasurer;290

       (9) An employee of the bureau of motor vehicles;291

       (10) An employee of a deputy registrar of motor vehicles;292

       (11) An employee of an election official.293

        (C) Except as provided in section 3501.382 of the Revised 294
Code, any applicant who is unable to sign the applicant's own name 295
shall make an "X," if possible, which shall be certified by the 296
signing of the name of the applicant by the person filling out the 297
form, who shall add the person's own signature. If an applicant is 298
unable to make an "X," the applicant shall indicate in some manner 299
that the applicant desires to register to vote or to change the 300
applicant's name or residence. The person registering the 301
applicant shall sign the form and attest that the applicant 302
indicated that the applicant desired to register to vote or to 303
change the applicant's name or residence.304

       (D) No registration, change of residence, or change of name 305
form shall be rejected solely on the basis that a person 306
registering an applicant failed to sign the person's name or 307
failed to name the employer who is employing that person to 308
register the applicant as required under division (A) of this 309
section.310

       (E) As used in this section, "registering an applicant" 311
includes any effort, for compensation, to provide voter 312
registration forms or to assist persons in completing or returning 313
those forms.314

       Sec. 3503.15.  (A)(1) The secretary of state shall establish 315
and maintain a statewide voter registration database that shall be 316
administered by the office of the secretary of state and made317
continuously available to each board of elections and to other 318
agencies as authorized by law.319

       (2)(a) State agencies, including, but not limited to, the 320
department of health, bureau of motor vehicles, department of job 321
and family services, and the department of rehabilitation and 322
corrections, shall provide any information and data to the 323
secretary of state that the secretary of state considers necessary 324
in order to maintain the statewide voter registration database 325
established pursuant to this section, except where prohibited by 326
federal law or regulation. The secretary of state shall ensure 327
that any information or data provided to the secretary of state 328
that is confidential in the possession of the entity providing the 329
data remains confidential while in the possession of the secretary 330
of state. 331

       (b) Information provided under this division for maintenance 332
of the statewide voter registration database shall not be used to 333
update the name or address of a registered elector. The name or 334
address of a registered elector shall only be updated as a result 335
of the elector's actions in filing a notice of change of name, 336
change of address, or both.337

       (c) A board of elections shall contact a registered elector 338
by mail at the address on file with the board to verify the 339
accuracy of the information in the statewide voter registration 340
database regarding that elector if information provided under 341
division (A)(2)(a) of this section identifies a discrepancy 342
between the information regarding that elector that is maintained 343
in the statewide voter registration database and maintained by a 344
state agency.345

       (3) The secretary of state may enter into agreements to share 346
information or data with other states or groups of states, as the 347
secretary of state considers necessary, in order to maintain the 348
statewide voter registration database established pursuant to this 349
section. Except as otherwise provided in this division, the 350
secretary of state shall ensure that any information or data 351
provided to the secretary of state that is confidential in the 352
possession of the state providing the data remains confidential 353
while in the possession of the secretary of state. The secretary 354
of state may provide such otherwise confidential information or 355
data to persons or organizations that are engaging in legitimate 356
governmental purposes related to the maintenance of the statewide 357
voter registration database. 358

       (B) The statewide voter registration database established 359
under this section shall be the official list of registered voters 360
for all elections conducted in this state.361

       (C) The statewide voter registration database established 362
under this section shall, at a minimum, include all of the 363
following:364

       (1) An electronic network that connects all board of 365
elections offices with the office of the secretary of state and 366
with the offices of all other boards of elections;367

       (2) A computer program that harmonizes the records contained 368
in the database with records maintained by each board of 369
elections;370

       (3) An interactive computer program that allows access to the 371
records contained in the database by each board of elections and 372
by any persons authorized by the secretary of state to add, 373
delete, modify, or print database records, and to conduct updates 374
of the database;375

       (4) A search program capable of verifying registered voters 376
and their registration information by name, driver's license 377
number, birth date, social security number, state identification 378
number, or current address;379

       (5) Safeguards and components to ensure that the integrity, 380
security, and confidentiality of the voter registration 381
information is maintained.382

       (D) The secretary of state shall adopt rules pursuant to 383
Chapter 119. of the Revised Code doing all of the following:384

       (1) Specifying the manner in which existing voter 385
registration records maintained by boards of elections shall be 386
converted to electronic files for inclusion in the statewide voter 387
registration database;388

       (2) Establishing a uniform method for entering voter 389
registration records into the statewide voter registration 390
database on an expedited basis, but not less than once per day, if 391
new registration information is received;392

       (3) Establishing a uniform method for purging canceled voter 393
registration records from the statewide voter registration 394
database in accordance with section 3503.21 of the Revised Code;395

       (4) Specifying the persons authorized to add, delete, modify, 396
or print records contained in the statewide voter registration 397
database and to make updates of that database;398

       (5) Establishing a process for annually auditing the 399
information contained in the statewide voter registration 400
database;401

       (6) Establishing a uniform method for addressing instances in 402
which records contained in the statewide voter registration 403
database do not conform with records maintained by the bureau of 404
motor vehicles.405

       (E) A board of elections promptly shall purge a voter's name 406
and voter registration information shall be purged from the 407
statewide voter registration database in accordance with the rules 408
adopted by the secretary of state under division (D)(3) of this 409
section after the cancellation of a voter's registration under 410
section 3503.21 of the Revised Code. The secretary of state shall 411
notify the applicable board of elections of each voter from that 412
county that the secretary of state has purged from the statewide 413
voter registration database.414

       (F) The secretary of state shall provide training in the 415
operation of the statewide voter registration database to each 416
board of elections and to any persons authorized by the secretary 417
of state to add, delete, modify, or print database records, and to 418
conduct updates of the database.419

       (G)(1) The statewide voter registration database established 420
under this section shall be made available on a web site of the 421
office of the secretary of state as follows:422

       (a) Except as otherwise provided in division (G)(1)(b) of 423
this section, only the following information from the statewide 424
voter registration database regarding a registered voter shall be 425
made available on the web site:426

       (i) The voter's name;427

       (ii) The voter's address;428

       (iii) The voter's precinct number;429

       (iv) The voter's voting history.430

       (b) During the thirty days before the day of a primary or 431
general election, the web site interface of the statewide voter 432
registration database shall permit a voter to search for the 433
polling location at which that voter may cast a ballot. 434

       (2) The secretary of state shall establish, by rule adopted 435
under Chapter 119. of the Revised Code, a process for boards of 436
elections to notify the secretary of state of changes in the 437
locations of precinct polling places for the purpose of updating 438
the information made available on the secretary of state's web 439
site under division (G)(1)(b) of this section. Those rules shall 440
require a board of elections, during the thirty days before the 441
day of a primary or general election, to notify the secretary of 442
state within one business day of any change to the location of a 443
precinct polling place within the county.444

       (3) During the thirty days before the day of a primary or 445
general election, not later than one business day after receiving 446
a notification from a county pursuant to division (G)(2) of this 447
section that the location of a precinct polling place has changed, 448
the secretary of state shall update that information on the 449
secretary of state's web site for the purpose of division 450
(G)(1)(b) of this section.451

       Sec. 3503.16.  (A) Whenever a registered elector changes the 452
place of residence of that registered elector from one precinct to 453
another within a county or from one county to another, or has a 454
change of name, that registered elector shall report the change by 455
delivering a change of residence or change of name form, whichever 456
is appropriate, as prescribed by the secretary of state under 457
section 3503.14 of the Revised Code to the state or local office 458
of a designated agency, a public high school or vocational school, 459
a public library, the office of the county treasurer, the office 460
of the secretary of state, any office of the registrar or deputy 461
registrar of motor vehicles, or any office of a board of elections 462
in person or by a third person. Any voter registration, change of 463
address, or change of name application, returned by mail, may be 464
sent only to the secretary of state or the board of elections.465

       A registered elector also may update the registration of that 466
registered elector by filing a change of residence or change of 467
name form on the day of a special, primary, or general election at 468
the polling place in the precinct in which that registered elector 469
resides or at the board of elections or at another site designated 470
by the board.471

       (B)(1)(a) Any registered elector who moves within a precinct 472
on or prior to the day of a general, primary, or special election 473
and has not filed a notice of change of residence with the board 474
of elections may vote in that election by going to that registered 475
elector's assigned polling place in the precinct in which the 476
registered elector resides, completing and signing a notice of 477
change of residence, showing identification in the form of a 478
current and valid photo identification, a militaryor a nonphoto 479
state identification, or a copy of a current utility bill, bank 480
statement, government check, paycheck, or other government 481
document, other than a notice of an election mailed by a board of 482
elections under section 3501.19 of the Revised Code or a notice of 483
voter registration mailed by a board of elections under section 484
3503.19 of the Revised Code, that shows the name and current 485
address of the electorcard, and casting a ballot. If the elector 486
provides either a driver's license or a state identification card 487
issued under section 4507.50 of the Revised Code that does not 488
contain the elector's current residence address, the elector shall 489
provide the last four digits of the elector's driver's license 490
number or state identification card number, and the precinct 491
election official shall mark the poll list or signature pollbook 492
to indicate that the elector has provided a driver's license or 493
state identification card number with a former address and record 494
the last four digits of the elector's driver's license number or 495
state identification card number.496

       (b) Any registered elector who changes the name of that 497
registered elector and remains within a precinct on or prior to 498
the day of a general, primary, or special election and has not 499
filed a notice of change of name with the board of elections may 500
vote in that election by going to that registered elector's 501
assigned polling place in the precinct in which the registered 502
elector resides, completing and signing a notice of a change of 503
name, showing the identification required by division (B)(1)(a) of 504
this section, and casting a provisional ballot under section 505
3505.181 of the Revised Code.506

       (2) Any registered elector who moves from one precinct to 507
another within a county or moves from one precinct to another and 508
changes the name of that registered elector on or prior to the day 509
of a general, primary, or special election and has not filed a 510
notice of change of residence or change of name, whichever is 511
appropriate, with the board of elections may vote in that election 512
if that registered elector complies with division (G) of this 513
section or does all of the following:514

       (a) Appears at anytime during regular business hours on or 515
after the twenty-eighth day prior to the election in which that 516
registered elector wishes to vote or, if the election is held on 517
the day of a presidential primary election, the twenty-fifth day 518
prior to the election, through noon of the Saturday prior to the 519
electionthe time that absent voter's ballots may be cast in 520
person at the office of the board of elections, appears at any 521
time during regular business hours on the Monday prior to the 522
election at the office of the board of elections,or, if pursuant 523
to division (C)(2) of section 3501.10 of the Revised Code the 524
board has designated another location at which registered electors 525
may cast absent voter's ballots in person before an election, at 526
that other location instead of the office of the board of 527
elections, or appears on the day of the election at either of the 528
following locations:529

       (i) The polling place in the precinct in which that 530
registered elector resides;531

       (ii) The office of the board of elections or, if pursuant to 532
division (C) of section 3501.10 of the Revised Code the board has 533
designated another location in the county at which registered 534
electors may vote, at that other location instead of the office of 535
the board of elections.536

       (b) Completes and signs, under penalty of election 537
falsification, the written affirmation on the provisional ballot 538
envelope, which shall serve as a notice of change of residence or 539
change of name, whichever is appropriate, and files it with 540
election officials at the polling place, at the office of the 541
board of elections, or, if pursuant to division (C) of section 542
3501.10 of the Revised Code the board has designated another 543
location in the county at which registered electors may vote, at 544
that other location instead of the office of the board of 545
elections, whichever is appropriate;546

       (c) Votes a provisional ballot under section 3505.181 of the 547
Revised Code at the polling place,in the precinct in which the 548
registered elector resides, at the office of the board of 549
elections, or, if pursuant to division (C)(2) of section 3501.10 550
of the Revised Code the board has designated another location in 551
the county at which registered electors may votecast absent 552
voter's ballots in person before an election, at that other 553
location instead of the office of the board of elections, 554
whichever is appropriate, using the address to which that 555
registered elector has moved or the name of that registered 556
elector as changed, whichever is appropriate;557

       (d) Completes and signs, under penalty of election 558
falsification, a statement attesting that that registered elector 559
moved or had a change of name, whichever is appropriate, on or 560
prior to the day of the election, has voted a provisional ballot 561
at the polling place in the precinct in which that registered 562
elector resides, at the office of the board of elections, or, if 563
pursuant to division (C)(2) of section 3501.10 of the Revised Code 564
the board has designated another location in the county at which 565
registered electors may votecast absent voter's ballots in person 566
before an election, at that other location instead of the office 567
of the board of elections, whichever is appropriate, and will not 568
vote or attempt to vote at any other location for that particular 569
election. The statement required under division (B)(2)(d) of this 570
section shall be included on the notice of change of residence or 571
change of name, whichever is appropriate, required under division 572
(B)(2)(b) of this section.573

       (C) Any registered elector who moves from one county to 574
another county within the state or moves from one county to 575
another and changes the name of that registered elector on or 576
prior to the day of a general, primary, or special election and 577
has not registered to vote in the county to which that registered 578
elector moved may vote in that election if that registered elector 579
complies with division (G) of this section or does all of the 580
following:581

       (1) Appears at any time during regular business hours on or 582
after the twenty-eighth day prior to the election in which that 583
registered elector wishes to vote or, if the election is held on 584
the day of a presidential primary election, the twenty-fifth day 585
prior to the election, through noon of the Saturday prior to the 586
electionthe time that absent voter's ballots may be cast in 587
person at the office of the board of elections or, if pursuant to 588
division (C)(2) of section 3501.10 of the Revised Code the board 589
has designated another location in the county at which registered 590
electors may votecast absent voter's ballots in person before an 591
election, at that other location instead of the office of the 592
board of elections, appears during regular business hours on the 593
Monday prior to the election at the office of the board of 594
elections or, if pursuant to division (C) of section 3501.10 of 595
the Revised Code the board has designated another location in the 596
county at which registered electors may vote, at that other 597
location instead of the office of the board of elections, or 598
appears on the day of the election at theeither of the following 599
locations:600

       (a) The polling place in the precinct in which that elector 601
resides;602

       (b) The office of the board of elections or, if pursuant to 603
division (C) of section 3501.10 of the Revised Code the board has 604
designated another location in the county at which registered 605
electors may vote, at that other location instead of the office of 606
the board of elections;607

       (2) Completes and signs, under penalty of election 608
falsification, the written affirmation on the provisional ballot 609
envelope, which shall serve as a notice of change of residence 610
and files it with election officials at the board of elections or, 611
if pursuant to division (C) of section 3501.10 of the Revised Code 612
the board has designated another location in the county at which 613
registered electors may vote, at that other location instead of 614
the office of the board of electionsor change of name, whichever 615
is appropriate;616

       (3) Votes a provisional ballot under section 3505.181 of the 617
Revised Code at the polling place in which the registered elector 618
resides, at the office of the board of elections or, if pursuant 619
to division (C)(2) of section 3501.10 of the Revised Code the 620
board has designated another location in the county at which 621
registered electors may votecast absent voter's ballots in person 622
before an election, at that other location instead of the office 623
of the board of elections, using the address to which that 624
registered elector has moved or the name of that registered 625
elector as changed, whichever is appropriate;626

       (4) Completes and signs, under penalty of election 627
falsification, a statement attesting that that registered elector 628
has moved from one county to another county within the state or 629
moved from one county to another and changed the elector's name, 630
whichever is appropriate, on or prior to the day of the election, 631
has voted at the office of the board of elections or, if pursuant 632
to division (C)(2) of section 3501.10 of the Revised Code the 633
board has designated another location in the county at which 634
registered electors may votecast absent voter's ballots in person 635
before an election, at that other location instead of the office 636
of the board of elections, and will not vote or attempt to vote at 637
any other location for that particular election. The statement 638
required under division (C)(4) of this section shall be included 639
on the notice of change of residence required under division 640
(C)(2) of this section.641

       (D) A person who votes by absent voter's ballots pursuant to 642
division (G) of this section shall not make written application 643
for the ballots pursuant to Chapter 3509. of the Revised Code. 644
Ballots cast pursuant to division (G) of this section shall be set 645
aside in a special envelope and counted during the official 646
canvass of votes in the manner provided for in sections 3505.32 647
and 3509.06 of the Revised Code insofar as that manner is 648
applicable. The board shall examine the pollbooks to verify that 649
no ballot was cast at the polls or by absent voter's ballots under 650
Chapter 3509. or 3511. of the Revised Code by an elector who has 651
voted by absent voter's ballots pursuant to division (G) of this 652
section. Any ballot determined to be insufficient for any of the 653
reasons stated above or stated in section 3509.07 of the Revised 654
Code shall not be counted.655

       Subject to division (C) of section 3501.10 of the Revised 656
Code, a board of elections may lease or otherwise acquire a site 657
different from the office of the board at which registered 658
electors may vote pursuant to division (B) or (C) of this section.659

       (E) Upon receiving a change of residence or change of name 660
form, the board of elections shall immediately send the registrant 661
an acknowledgment notice. If the change of residence or change of 662
name form is valid, the board shall update the voter's 663
registration as appropriate. If that form is incomplete, the board 664
shall inform the registrant in the acknowledgment notice specified 665
in this division of the information necessary to complete or 666
update that registrant's registration.667

       (F) Change of residence and change of name forms shall be 668
available at each polling place, and when these forms are 669
completed, noting changes of residence or name, as appropriate, 670
they shall be filed with election officials at the polling place. 671
Election officials shall return completed forms, together with the 672
pollbooks and tally sheets, to the board of elections.673

       The board of elections shall provide change of residence and 674
change of name forms to the probate court and court of common 675
pleas. The court shall provide the forms to any person eighteen 676
years of age or older who has a change of name by order of the 677
court or who applies for a marriage license. The court shall 678
forward all completed forms to the board of elections within five 679
days after receiving them.680

       (G) A registered elector who otherwise would qualify to vote 681
under division (B) or (C) of this section but is unable to appear 682
at the office of the board of elections or, if pursuant to 683
division (C)(2) of section 3501.10 of the Revised Code the board 684
has designated another location in the county at which registered 685
electors may votecast absent voter's ballots in person before an 686
election, at that other location, on account of personal illness, 687
physical disability, or infirmity, may vote on the day of the 688
election if that registered elector does all of the following:689

       (1) Makes a written application that includes all of the 690
information required under section 3509.03 of the Revised Code to 691
the appropriate board for an absent voter's ballot on or after the 692
twenty-seventhtwenty-first day prior to the election in which the 693
registered elector wishes to vote through noonsix p.m. of the 694
SaturdayFriday prior to that election and requests that the 695
absent voter's ballot be sent to the address to which the 696
registered elector has moved if the registered elector has moved, 697
or to the address of that registered elector who has not moved but 698
has had a change of name;699

       (2) Declares that the registered elector has moved or had a 700
change of name, whichever is appropriate, and otherwise is 701
qualified to vote under the circumstances described in division 702
(B) or (C) of this section, whichever is appropriate, but that the 703
registered elector is unable to appear at the board of elections 704
because of personal illness, physical disability, or infirmity;705

       (3) Completes and returns along with the completed absent 706
voter's ballot a notice of change of residence indicating the 707
address to which the registered elector has moved, or a notice of 708
change of name, whichever is appropriate;709

       (4) Completes and signs, under penalty of election 710
falsification, a statement attesting that the registered elector 711
has moved or had a change of name on or prior to the day before 712
the election, has voted by absent voter's ballot because of 713
personal illness, physical disability, or infirmity that prevented 714
the registered elector from appearing at the board of elections, 715
and will not vote or attempt to vote at any other location or by 716
absent voter's ballot mailed to any other location or address for 717
that particular election.718

       Sec. 3503.19.  (A) Persons qualified to register or to change 719
their registration because of a change of address or change of 720
name may register or change their registration in person or 721
through another person at any state or local office of a 722
designated agency, at the office of the registrar or any deputy 723
registrar of motor vehicles, at a public high school or vocational 724
school, at a public library, at the office of a county treasurer, 725
or at a branch office established by the board of elections, or in 726
person, through another person, or by mail at the office of the 727
secretary of state or at the office of a board of elections. A 728
registered elector may also change the elector's registration on 729
election day at any polling place where the elector is eligible to 730
vote, in the manner provided under section 3503.16 of the Revised 731
Code.732

       Any state or local office of a designated agency, the office 733
of the registrar or any deputy registrar of motor vehicles, a 734
public high school or vocational school, a public library, or the 735
office of a county treasurer shall transmit any voter registration 736
application or change of registration form that it receives to the 737
board of elections of the county in which the state or local 738
office is located, within five business days after receiving the 739
voter registration application or change of registration form.740

       An otherwise valid voter registration application that is 741
returned to the appropriate office other than by mail must be 742
received by a state or local office of a designated agency, the 743
office of the registrar or any deputy registrar of motor vehicles, 744
a public high school or vocational school, a public library, the 745
office of a county treasurer, the office of the secretary of 746
state, or the office of a board of elections no later than the 747
thirtieth day preceding a primary, special, or general election 748
for the person to qualify as an elector eligible to vote at that 749
election. An otherwise valid registration application received 750
after that day entitles the elector to vote at all subsequent 751
elections.752

       Any state or local office of a designated agency, the office 753
of the registrar or any deputy registrar of motor vehicles, a 754
public high school or vocational school, a public library, or the 755
office of a county treasurer shall date stamp a registration 756
application or change of name or change of address form it 757
receives using a date stamp that does not disclose the identity of 758
the state or local office that receives the registration.759

       Voter registration applications, if otherwise valid, that are 760
returned by mail to the office of the secretary of state or to the 761
office of a board of elections must be postmarked no later than 762
the thirtieth day preceding a primary, special, or general 763
election in order for the person to qualify as an elector eligible 764
to vote at that election. If an otherwise valid voter registration 765
application that is returned by mail does not bear a postmark or a 766
legible postmark, the registration shall be valid for that 767
election if received by the office of the secretary of state or 768
the office of a board of elections no later than twenty-five days 769
preceding any special, primary, or general election.770

       (B)(1) Any person may apply in person, by telephone, by mail, 771
or through another person for voter registration forms to the 772
office of the secretary of state or the office of a board of 773
elections. An individual who is eligible to vote as a uniformed 774
services voter or an overseas voter in accordance with 42 U.S.C. 775
1973ff-6 also may apply for voter registration forms by electronic 776
means to the office of the secretary of state or to the board of 777
elections of the county in which the person's voting residence is 778
located pursuant to section 3503.191 of the Revised Code.779

       (2)(a) An applicant may return the applicant's completed 780
registration form in person or by mailthrough another person to 781
any state or local office of a designated agency, to a public high 782
school or vocational school, to a public library, to the office of 783
a county treasurer, to the office of the secretary of state, or to 784
the office of a board of elections. An applicant who is eligible 785
to vote as a uniformed services voter or an overseas voter in 786
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 787
completed voter registration form electronically to the office of 788
the secretary of state or to the board of elections of the county 789
in which the person's voting residence is located pursuant to 790
section 3503.191 of the Revised Code.791

       (b) Subject to division (B)(2)(c) of this section, an 792
applicant may return the applicant's completed registration form 793
by mail or through another person to any board of elections or the 794
office of the secretary of state.795

       (c) A person who receives compensation for registering a 796
voter shall return any registration form entrusted to that person 797
by an applicant to any board of elections or to the office of the 798
secretary of state.799

       (d) If a board of elections or the office of the secretary of 800
state receives a registration form under division (B)(2)(b) or (c) 801
of this section before the thirtieth day before an election, the 802
board or the office of the secretary of state, as applicable, 803
shall forward the registration to the board of elections of the 804
county in which the applicant is seeking to register to vote 805
within ten days after receiving the application. If a board of 806
elections or the office of the secretary of state receives a 807
registration form under division (B)(2)(b) or (c) of this section 808
on or after the thirtieth day before an election, the board or the 809
office of the secretary of state, as applicable, shall forward the 810
registration to the board of elections of the county in which the 811
applicant is seeking to register to vote within thirty days after 812
that election.813

       (C)(1) A board of elections that receives a voter 814
registration application and is satisfied as to the truth of the 815
statements made in the registration form shall register the 816
applicant not later than twenty business days after receiving the 817
application, unless that application is received during the thirty 818
days immediately preceding the day of an election. The board shall 819
promptly notify the applicant in writing of each of the following:820

       (a) The applicant's registration;821

       (b) The precinct in which the applicant is to vote;822

       (c) In bold type as follows:823

       "Voters must bring photo identification to the polls in order 824
to verify identity. Identification may include a current and valid 825
photo identification, a military identification, or a copy of a 826
current utility bill, bank statement, government check, paycheck, 827
or other government document, other than this notification or a 828
notification of an election mailed by a board of elections, that 829
shows the voter's name and current address. Voters who do not 830
provide one of these documentshave a religious objection to being 831
photographed will still be able to vote by providing the last four 832
digits of the voter's social security number and by casting a 833
provisional ballot. Voters who do not have any of the above forms 834
of identification, including a social security number, will still 835
be able to votea nonphoto state identification card or by signing 836
an affirmation swearing to the voter's identityto that effect837
under penalty of election falsification and by casting a 838
provisional ballot."839

        The notification shall be by nonforwardable mail. If the mail 840
is returned to the board, it shall investigate and cause the 841
notification to be delivered to the correct address.842

       (2) If, after investigating as required under division (C)(1) 843
of this section, the board is unable to verify the voter's correct 844
address, it shall cause the voter's name in the official 845
registration list and in the poll list or signature pollbook to be 846
marked to indicate that the voter's notification was returned to 847
the board.848

       At the first election at which a voter whose name has been so 849
marked appears to vote, the voter shall be required to provide 850
photo identification or a nonphoto state identification card to 851
the election officials and to vote by provisional ballot under 852
section 3505.181 of the Revised Code. If the provisional ballot is 853
counted pursuant to division (B)(3) of section 3505.183 of the 854
Revised Code, the board shall correct that voter's registration, 855
if needed, and shall remove the indication that the voter's 856
notification was returned from that voter's name on the official 857
registration list and on the poll list or signature pollbook. If 858
the provisional ballot is not counted pursuant to division 859
(B)(4)(a)(i),or (v), or (vi) of section 3505.183 of the Revised 860
Code, the voter's registration shall be canceled. The board shall 861
notify the voter by United States mail of the cancellation.862

       (3) If a notice of the disposition of an otherwise valid 863
registration application is sent by nonforwardable mail and is 864
returned undelivered, the person shall be registered as provided 865
in division (C)(2) of this section and sent a confirmation notice 866
by forwardable mail. If the person fails to respond to the 867
confirmation notice, update the person's registration, or vote by 868
provisional ballot as provided in division (C)(2) of this section 869
in any election during the period of two federal elections 870
subsequent to the mailing of the confirmation notice, the person's 871
registration shall be canceled.872

       Sec. 3503.24. (A) Application for the correction of any 873
precinct registration list or a challenge of the right to vote of 874
any registered elector may be made by any qualified elector of the 875
county at the office of the board of elections not later than 876
twenty days prior to the election. The applications or challenges, 877
with the reasons for the application or challenge, shall be filed 878
with the board on a form prescribed by the secretary of state and 879
shall be signed under penalty of election falsification.880

       (B) On receiving an application or challenge filed under this 881
section, the board of elections promptly shall review the board's 882
records. If the board is able to determine that an application or 883
challenge should be granted or denied solely on the basis of the 884
records maintained by the board, the board immediately shall vote 885
to grant or deny that application or challenge.886

       If the board is not able to determine whether an application 887
or challenge should be granted or denied solely on the basis of 888
the records maintained by the board, the director shall promptly 889
set a time and date for a hearing before the board. Except as 890
otherwise provided in division (D) of this section, theThe891
hearing shall be held, and the application or challenge shall be 892
decided, no later than ten days after the board receives the 893
application or challenge. The director shall send written notice 894
to any elector whose right to vote is challenged and to any person 895
whose name is alleged to have been omitted from a registration 896
list. The notice shall inform the person of the time and date of 897
the hearing, and of the person's right to appear and testify, call 898
witnesses, and be represented by counsel. The notice shall be sent 899
by first class mail no later than three days before the day of any 900
scheduled hearing. The director shall also provide the person who 901
filed the application or challenge with such written notice of the 902
date and time of the hearing.903

       At the request of either party or any member of the board, 904
the board shall issue subpoenas to witnesses to appear and testify 905
before the board at a hearing held under this section. All 906
witnesses shall testify under oath. The board shall reach a 907
decision on all applications and challenges immediately after 908
hearing.909

       (C) If the board decides that any such person is not entitled 910
to have the person's name on the registration list, the person's 911
name shall be removed from the list and the person's registration 912
forms canceled. If the board decides that the name of any such 913
person should appear on the registration list, it shall be added 914
to the list, and the person's registration forms placed in the 915
proper registration files. All such corrections and additions 916
shall be made on a copy of the precinct lists, which shall 917
constitute the poll lists, to be furnished to the respective 918
precincts with other election supplies on the day preceding the 919
election, to be used by the election officials in receiving the 920
signatures of voters and in checking against the registration 921
forms.922

       (D)(1) If an application or challenge for which a hearing is 923
required to be conducted under division (B) of this section is 924
filed after the thirtieth day before the day of an election, the 925
board of elections, in its discretion, may postpone that hearing 926
and any notifications of that hearing until after the day of the 927
election. Any hearing postponed under this division shall be 928
conducted not later than ten days after the day of the election.929

       (2) The board of elections shall cause the name of any 930
registered elector whose registration is challenged and whose 931
challenge hearing is postponed under division (D)(1) of this 932
section to be marked in the official registration list and in the 933
poll list or signature pollbook for that elector's precinct to 934
indicate that the elector's registration is subject to challenge.935

       (3) Any elector who is the subject of an application or 936
challenge hearing that is postponed under division (D)(1) of this 937
section shall be permitted to vote a provisional ballot under 938
section 3505.181 of the Revised Code. The validity of a 939
provisional ballot cast pursuant to this section shall be 940
determined in accordance with section 3505.183 of the Revised 941
Code, except that no such provisional ballot shall be counted 942
unless the hearing conducted under division (B) of this section 943
after the day of the election results in the elector's inclusion 944
in the official registration list.945

       Sec. 3503.28.  (A) The secretary of state shall develop an 946
information brochure regarding voter registration. The brochure 947
shall include, but is not limited to, all of the following 948
information:949

       (1) The applicable deadlines for registering to vote or for 950
returning an applicant's completed registration form;951

       (2) The applicable deadline for returning an applicant's 952
completed registration form if the person returning the form is 953
being compensated for registering voters;954

       (3) The locations to which a person may return an applicant's 955
completed registration form;956

       (4) The location to which a person who is compensated for 957
registering voters may return an applicant's completed 958
registration form;959

       (5) The registration and affirmation requirements applicable 960
to persons who are compensated for registering voters under 961
section 3503.29 of the Revised Code;962

       (6) A notice, which shall be written in bold type, stating as 963
follows:964

       "Voters must bring photo identification to the polls in order 965
to verify identity. Identification may include a current and valid 966
photo identification, a military identification, or a copy of a 967
current utility bill, bank statement, government check, paycheck, 968
or other government document, other than a notice of an election 969
or a voter registration notification sent by a board of elections, 970
that shows the voter's name and current address. Voters who do not 971
provide one of these documentshave a religious objection to being 972
photographed will still be able to vote by providing the last four 973
digits of the voter's social security number and by casting a 974
provisional ballot. Voters who do not have any of the above forms 975
of identification, including a social security number, will still 976
be able to votea nonphoto state identification card or by signing 977
an affirmation swearing to the voter's identityto that effect978
under penalty of election falsification and by casting a 979
provisional ballot."980

       (B) Except as otherwise provided in division (D) of this 981
section, a board of elections, designated agency, public high 982
school, public vocational school, public library, office of a 983
county treasurer, or deputy registrar of motor vehicles shall 984
distribute a copy of the brochure developed under division (A) of 985
this section to any person who requests more than two voter 986
registration forms at one time.987

       (C)(1) The secretary of state shall provide the information 988
required to be included in the brochure developed under division 989
(A) of this section to any person who prints a voter registration 990
form that is made available on a web site of the office of the 991
secretary of state.992

       (2) If a board of elections operates and maintains a web 993
site, the board shall provide the information required to be 994
included in the brochure developed under division (A) of this 995
section to any person who prints a voter registration form that is 996
made available on that web site.997

       (D) A board of elections shall not be required to distribute 998
a copy of a brochure under division (B) of this section to any of 999
the following officials or employees who are requesting more than 1000
two voter registration forms at one time in the course of the 1001
official's or employee's normal duties:1002

       (1) An election official;1003

       (2) A county treasurer;1004

       (3) A deputy registrar of motor vehicles;1005

       (4) An employee of a designated agency;1006

       (5) An employee of a public high school;1007

       (6) An employee of a public vocational school;1008

       (7) An employee of a public library;1009

       (8) An employee of the office of a county treasurer;1010

       (9) An employee of the bureau of motor vehicles;1011

       (10) An employee of a deputy registrar of motor vehicles;1012

       (11) An employee of an election official.1013

       (E)(C) As used in this section, "registering voters" includes 1014
any effort, for compensation, to provide voter registration forms 1015
or to assist persons in completing or returning those forms.1016

       Sec. 3505.18. (A)(1) When an elector appears in a polling 1017
place to vote, the elector shall announce to the precinct election 1018
officials the elector's full name and current address and provide 1019
proof of the elector's identity in the form of a current and valid1020
photo identification, a militaryor a nonphoto state1021
identification, or a copy of a current utility bill, bank 1022
statement, government check, paycheck, or other government 1023
document, other than a notice of an election mailed by a board of 1024
elections under section 3501.19 of the Revised Code or a notice of 1025
voter registration mailed by a board of elections under section 1026
3503.19 of the Revised Code, that shows the name and current 1027
address of the electorcard. If the elector provides either a 1028
driver's license or a state identification card issued under 1029
section 4507.50 of the Revised Code that does not contain the 1030
elector's current residence address, the elector shall provide the 1031
last four digits of the elector's driver's license number or state 1032
identification card number, and the precinct election official 1033
shall mark the poll list or signature pollbook to indicate that 1034
the elector has provided a driver's license or state 1035
identification card number with a former address and record the 1036
last four digits of the elector's driver's license number or state 1037
identification card number.1038

       (2) If an elector has butdoes not have or is unable to 1039
provide to the precinct election officials any of the forms of 1040
identification required under division (A)(1) of this section, but 1041
has a social security number, the elector may provide the last 1042
four digits of the elector's social security number. Upon 1043
providing the social security number information, the elector may 1044
cast a provisional ballot under section 3505.181 of the Revised 1045
Code, the envelope of which ballot shall include that social 1046
security number informationand do either of the following:1047

        (a) Appear at the office of the board of elections not later 1048
than the close of the polls on the day of the election and provide 1049
the identification required under division (A)(1) of this section; 1050
or1051

        (b) Write the elector's social security number, driver's 1052
license number, or state identification card number on the 1053
provisional ballot envelope, which number shall be verified by the 1054
board of elections with the bureau of motor vehicles.1055

       (3) If an elector has but is unable to provide to the 1056
precinct election officials any of the forms of identification 1057
required under division (A)(1) of this section and if the elector 1058
has a social security number but is unable to provide the last 1059
four digits of the elector's social security number, the elector 1060
may cast a provisional ballot under section 3505.181 of the 1061
Revised Code.1062

       (4) If an elector does not have any of the forms of 1063
identification required under division (A)(1) of this section and 1064
cannot provide the last four digits of the elector's social 1065
security number because the elector does not have a social 1066
security numbera religious objection to being photographed and 1067
the elector does not have a nonphoto state identification card, 1068
the elector may execute an affirmation under penalty of election 1069
falsification that the elector cannot provide the identification 1070
required under that division or the last four digits of the 1071
elector's social security number for those reasonsto that effect. 1072
Upon signing the affirmation, the elector may cast a provisional 1073
ballot under section 3505.181 of the Revised Code. The secretary 1074
of state shall prescribe the form of the affirmation, which shall 1075
include spaces for all of the following:1076

       (a) The elector's name;1077

       (b) The elector's address;1078

       (c) The current date;1079

       (d) The elector's date of birth;1080

       (e) The elector's signature.;1081

       (f) A statement that the elector has a religious objection to 1082
being photographed; and1083

       (g) The statement, "A person who knowingly and falsely signs 1084
this affirmation may be subject to criminal prosecution for 1085
election falsification, a felony, which may subject a violator to 1086
a prison term, a monetary fine, and possible loss of voting 1087
privileges for repeat violations."1088

       (5) If an elector does not have any of the forms of 1089
identification required under division (A)(1) of this section and 1090
cannot provide the last four digits of the elector's social 1091
security number because the elector does not have a social 1092
security number, and if the elector declines to execute an 1093
affirmation under division (A)(4) of this section, the elector may 1094
cast a provisional ballot under section 3505.181 of the Revised 1095
Code, the envelope of which ballot shall include the elector's 1096
name.1097

       (6) If an elector has but declines to provide to the precinct 1098
election officials any of the forms of identification required 1099
under division (A)(1) of this section or the elector has a social 1100
security number but declines to provide to the precinct election 1101
officials the last four digits of the elector's social security 1102
number, the elector may cast a provisional ballot under section 1103
3505.181 of the Revised Code.1104

       (B) After the elector has announced the elector's full name 1105
and current address and provided any of the forms of 1106
identification required under division (A)(1) of this section, the 1107
elector shall write the elector's name and addresssignature at 1108
the proper place in the poll list or signature pollbook provided 1109
for the purpose, except that if, for any reason, an elector is 1110
unable to write the elector's name and current addresssignature1111
in the poll list or signature pollbook, the elector may make the 1112
elector's mark at the place intended for the elector's name1113
signature, and a precinct election official shall write the name 1114
of the elector at the proper place on the poll list or signature 1115
pollbook following the elector's mark. The making of such a mark 1116
shall be attested by the precinct election official, who shall 1117
evidence the same by signing the precinct election official's name 1118
on the poll list or signature pollbook as a witness to the mark. 1119
Alternatively, if applicable, an attorney in fact acting pursuant 1120
to section 3501.382 of the Revised Code may sign the elector's 1121
signature in the poll list or signature pollbook in accordance 1122
with that section.1123

       The elector's signature in the poll list or signature 1124
pollbook then shall be compared with the elector's signature on 1125
the elector's registration form or a digitized signature list as 1126
provided for in section 3503.13 of the Revised Code, and if, in 1127
the opinion of a majority of the precinct election officials, the 1128
signatures are the signatures of the same person, the election 1129
officials shall enter the date of the election on the registration 1130
form or shall record the date by other means prescribed by the 1131
secretary of state. The validity of an attorney in fact's 1132
signature on behalf of an elector shall be determined in 1133
accordance with section 3501.382 of the Revised Code.1134

       If the right of the elector to vote is not then challenged, 1135
or, if being challenged, the elector establishes the elector's 1136
right to vote, the elector shall be allowed to proceed to use the 1137
voting machine. If voting machines are not being used in that 1138
precinct, the judge in charge of ballots shall then detach the 1139
next ballots to be issued to the elector from Stub B attached to 1140
each ballot, leaving Stub A attached to each ballot, hand the 1141
ballots to the elector, and call the elector's name and the stub 1142
number on each of the ballots. The judge shall enter the stub 1143
numbers opposite the signature of the elector in the pollbook. The 1144
elector shall then retire to one of the voting compartments to 1145
mark the elector's ballots. No mark shall be made on any ballot 1146
which would in any way enable any person to identify the person 1147
who voted the ballot.1148

       Sec. 3505.181.  (A) All of the following individuals shall be 1149
permitted to cast a provisional ballot at an election:1150

       (1) An individual who declares that the individual is a 1151
registered voter in the jurisdiction in which the individual 1152
desires to vote and that the individual is eligible to vote in an 1153
election, but the name of the individual does not appear on the 1154
official list of eligible voters for the polling place or an 1155
election official asserts that the individual is not eligible to 1156
vote;1157

       (2) An individual who has a social security number and 1158
provides to the election officials the last four digits of the 1159
individual's social security number as permitted by division 1160
(A)(2) of section 3505.18 of the Revised Code;1161

       (3) An individual who has butdoes not have or is unable to 1162
provide to the election officials any of the forms of1163
identification required under division (A)(1) of section 3505.18 1164
of the Revised Code and who has a social security number but is 1165
unable to provide the last four digits of the individual's social 1166
security number as permitted under division (A)(2) of that section1167
is casting a provisional ballot under division (A)(3) of that 1168
section;1169

       (4) An individual who does not have any of the forms of 1170
identification required under division (A)(1) of section 3505.18 1171
of the Revised Code, who cannot provide the last four digits of 1172
the individual's social security number under division (A)(2) of 1173
that section because the individual does not have a social 1174
security number, and who has executed an affirmation as permitted 1175
under division (A)(4) of that section;1176

       (5)(3) An individual whose name in the poll list or signature 1177
pollbook has been marked under section 3509.09 or 3511.13 of the 1178
Revised Code as having requested an absent voter's ballot or an 1179
armed servicea uniformed services or overseas absent voter's 1180
ballot for that election and who appears to vote at the polling 1181
place;1182

       (6)(4) An individual whose notification of registration has 1183
been returned undelivered to the board of elections and whose name 1184
in the official registration list and in the poll list or 1185
signature pollbook has been marked under division (C)(2) of 1186
section 3503.19 of the Revised Code;1187

       (7)(5) An individual who is challenged under section 3505.20 1188
of the Revised Code and the election officials determine that the 1189
person is ineligible to vote or are unable to determine the 1190
person's eligibility to vote;1191

       (8) An individual whose application or challenge hearing has 1192
been postponed until after the day of the election under division 1193
(D)(1) of section 3503.24 of the Revised Code;1194

       (9)(6) An individual who changes the individual's name and 1195
remains within the precinct, moves from one precinct to another 1196
within a county, moves from one precinct to another and changes 1197
the individual's name, or moves from one county to another within 1198
the state, or moves from one county to another and changes the 1199
individual's name and completes and signs the required forms and 1200
statements under division (B) or (C) of section 3503.16 of the 1201
Revised Code;1202

       (10)(7) An individual whose signature, in the opinion of the 1203
precinct officers under section 3505.22 of the Revised Code, is 1204
not that of the person who signed that name in the registration 1205
forms;1206

       (11)(8) An individual who is challenged under section 3513.20 1207
of the Revised Code who refuses to make the statement required 1208
under that section, who a majority of the precinct officials find 1209
lacks any of the qualifications to make the individual a qualified 1210
elector, or who a majority of the precinct officials find is not 1211
affiliated with or a member of the political party whose ballot 1212
the individual desires to vote;1213

       (12) An individual who does not have any of the forms of 1214
identification required under division (A)(1) of section 3505.18 1215
of the Revised Code, who cannot provide the last four digits of 1216
the individual's social security number under division (A)(2) of 1217
that section because the person does not have a social security 1218
number, and who declines to execute an affirmation as permitted 1219
under division (A)(4) of that section;1220

       (13) An individual who has but declines to provide to the 1221
precinct election officials any of the forms of identification 1222
required under division (A)(1) of section 3501.18 of the Revised 1223
Code or who has a social security number but declines to provide 1224
to the precinct election officials the last four digits of the 1225
individual's social security number(9) An individual who is 1226
casting a ballot after the time for the closing of the polls under 1227
section 3501.32 of the Revised Code pursuant to a court order 1228
extending the time for the closing of the polls;1229

       (10) An individual who has a religious objection to being 1230
photographed, who does not have a nonphoto state identification 1231
card, and who has executed an affirmation under division (A)(3) of 1232
section 3505.18 of the Revised Code.1233

       (B) An individual who is eligible to cast a provisional 1234
ballot under division (A) of this section shall be permitted to 1235
cast a provisional ballot as follows:1236

       (1) An election official at the polling place shall notify 1237
the individual that the individual may cast a provisional ballot 1238
in that election.1239

       (2) The individual shall be permitted to cast a provisional 1240
ballot at that polling place upon the execution of a written 1241
affirmation by the individual before an election official at the 1242
polling place stating that the individual is both of the 1243
following:1244

       (a) A registered voter in the jurisdiction in which the 1245
individual desires to vote;1246

       (b) Eligible to vote in that election.1247

       If the individual declines to execute the affirmation, the 1248
election official shall not record any of the information required 1249
to be provided by the individual on the affirmation. The election 1250
official shall explain to the individual that the provisional 1251
ballot will not be counted.1252

       (3) An election official at the polling place shall transmit 1253
the ballot cast by the individual,and the voter information 1254
contained in the written affirmation executed by the individual 1255
under division (B)(2) of this section, or the individual's name if 1256
the individual declines to execute such an affirmation to an 1257
appropriate local election official for verification under 1258
division (B)(4) of this section.1259

       (4) If the appropriate local election official to whom the 1260
ballot or voter or address information is transmitted under 1261
division (B)(3) of this section determines that the individual is 1262
eligible to vote, the individual's provisional ballot shall be 1263
counted as a vote in that election.1264

       (5)(a) At the time that an individual casts a provisional 1265
ballot, the appropriate local election official shall give the 1266
individual written information that states that any individual who 1267
casts a provisional ballot will be able to ascertain under the 1268
system established under division (B)(5)(4)(b) of this section 1269
whether the vote was counted, and, if the vote was not counted, 1270
the reason that the vote was not counted.1271

       (b) The appropriate state or local election official shall 1272
establish a free access system, in the form of a toll-free 1273
telephone number, that any individual who casts a provisional 1274
ballot may access to discover whether the vote of that individual 1275
was counted, and, if the vote was not counted, the reason that the 1276
vote was not counted. The free access system established under 1277
this division also shall provide to an individual whose 1278
provisional ballot was not counted information explaining how that 1279
individual may contact the board of elections to register to vote 1280
or to resolve problems with the individual's voter registration.1281

       The appropriate state or local election official shall 1282
establish and maintain reasonable procedures necessary to protect 1283
the security, confidentiality, and integrity of personal 1284
information collected, stored, or otherwise used by the free 1285
access system established under this division. Access to 1286
information about an individual ballot shall be restricted to the 1287
individual who cast the ballot.1288

       (6) If, at the time that an individual casts a provisional 1289
ballot, the individual provides identification in the form of a 1290
current and valid photo identification, a military identification, 1291
or a copy of a current utility bill, bank statement, government 1292
check, paycheck, or other government document, other than a notice 1293
of an election mailed by a board of elections under section 1294
3501.19 of the Revised Code or a notice of voter registration 1295
mailed by a board of elections under section 3503.19 of the 1296
Revised Code, that shows the individual's name and current 1297
address, or provides the last four digits of the individual's 1298
social security number, or executes an affirmation that the 1299
elector does not have any of those forms of identification or the 1300
last four digits of the individual's social security number 1301
because the individual does not have a social security number, or 1302
declines to execute such an affirmation, the appropriate local 1303
election official shall record the type of identification 1304
provided, the social security number information, the fact that 1305
the affirmation was executed, or the fact that the individual 1306
declined to execute such an affirmation and include that 1307
information with the transmission of the ballot or voter or 1308
address information under division (B)(3) of this section. If the 1309
individual declines to execute such an affirmation, the 1310
appropriate local election official shall record the individual's 1311
name and include that information with the transmission of the 1312
ballot under division (B)(3) of this section.1313

       (7) If an individual casts a provisional ballot pursuant to 1314
division (A)(3), (7), (8), (12), or (13) of this section, the 1315
election official shall indicate, on the provisional ballot 1316
verification statement required under section 3505.182 of the 1317
Revised Code, that the individual is required to provide 1318
additional information to the board of elections or that an 1319
application or challenge hearing has been postponed with respect 1320
to the individual, such that additional information is required 1321
for the board of elections to determine the eligibility of the 1322
individual who cast the provisional ballot.1323

       (8) During the ten days after the day of an election, an 1324
individual who casts a provisional ballot pursuant to division 1325
(A)(3), (7), (12), or (13) of this section shall appear at the 1326
office of the board of elections and provide to the board any 1327
additional information necessary to determine the eligibility of 1328
the individual who cast the provisional ballot.1329

       (a) For a provisional ballot cast pursuant to division 1330
(A)(3), (12), or (13) of this section to be eligible to be 1331
counted, the individual who cast that ballot, within ten days 1332
after the day of the election, shall do any of the following:1333

       (i) Provide to the board of elections proof of the 1334
individual's identity in the form of a current and valid photo 1335
identification, a military identification, or a copy of a current 1336
utility bill, bank statement, government check, paycheck, or other 1337
government document, other than a notice of an election mailed by 1338
a board of elections under section 3501.19 of the Revised Code or 1339
a notice of voter registration mailed by a board of elections 1340
under section 3503.19 of the Revised Code, that shows the 1341
individual's name and current address;1342

       (ii) Provide to the board of elections the last four digits 1343
of the individual's social security number;1344

       (iii) In the case of a provisional ballot executed pursuant 1345
to division (A)(12) of this section, execute an affirmation as 1346
permitted under division (A)(4) of section 3505.18 of the Revised 1347
Code.1348

       (b) For a provisional ballot cast pursuant to division (A)(7) 1349
of this section to be eligible to be counted, the individual who 1350
cast that ballot, within ten days after the day of that election, 1351
shall provide to the board of elections any identification or 1352
other documentation required to be provided by the applicable 1353
challenge questions asked of that individual under section 3505.20 1354
of the Revised Code.1355

       (C)(1) If an individual declares that the individual is 1356
eligible to vote in a jurisdiction other than the jurisdiction in 1357
which the individual desires to vote, or if, upon review of the 1358
precinct voting location guide using the residential street 1359
address provided by the individual, an election official at the 1360
polling place at which the individual desires to vote determines 1361
that the individual is not eligible to vote in that jurisdiction, 1362
the election official shallmay direct the individual to the 1363
polling place for the jurisdiction in which the individual appears 1364
to be eligible to vote, explain that the individual may cast a 1365
provisional ballot at the current location but the ballot will not 1366
be counted if it is cast in the wrong precinct, and provide the 1367
telephone number of the board of elections in case the individual 1368
has additional questions. It is the duty of the individual casting 1369
the ballot to ensure that the individual is casting that ballot in 1370
the correct precinct.1371

       (2) If theThe individual refuses tomay travel to the 1372
polling place for the correct jurisdiction or to the office of the 1373
board of elections to cast a ballot, or the individual shall be 1374
permitted to vote a provisional ballot at that jurisdiction in 1375
accordance with division (B) of this section. If any of the 1376
following apply, the provisional ballot cast by that individual 1377
shall not be opened or counted:1378

       (a) The individual is not properly registered in that 1379
jurisdiction.1380

       (b) The individual is not eligible to vote in that election 1381
in that jurisdiction.1382

       (c) The individual's eligibility to vote in that jurisdiction 1383
in that election cannot be established upon examination of the 1384
records on file with the board of elections.1385

       (3) If an election official attempts to direct an individual 1386
to the correct precinct under division (C)(1) of this section, and 1387
the individual subsequently casts a ballot in the wrong precinct, 1388
both of the following apply: 1389

       (a) That ballot shall not be counted. 1390

       (b) The ballot being cast in the wrong precinct shall not be 1391
considered to be caused by an error on the part of the election 1392
official.1393

       (D) The appropriate local election official shall cause 1394
voting information to be publicly posted at each polling place on 1395
the day of each election.1396

       (E) As used in this section and sections 3505.182 and 1397
3505.183 of the Revised Code:1398

       (1) "Jurisdiction" means the precinct in which a person is a 1399
legally qualified elector.1400

       (2) "Precinct voting location guide" means either of the 1401
following:1402

        (a) An electronic or paper record that lists the correct 1403
jurisdiction and polling place for either each specific 1404
residential street address in the county or the range of 1405
residential street addresses located in each neighborhood block in 1406
the county;1407

        (b) Any other method that a board of elections creates that 1408
allows a precinct election official or any elector who is at a 1409
polling place in that county to determine the correct jurisdiction 1410
and polling place of any qualified elector who resides in the 1411
county.1412

        (3) "Voting information" means all of the following:1413

       (a) A sample version of the ballot that will be used for that 1414
election;1415

       (b) Information regarding the date of the election and the 1416
hours during which polling places will be open;1417

       (c) Instructions on how to vote, including how to cast a vote 1418
and how to cast a provisional ballot;1419

       (d) Instructions for mail-in registrants and first-time 1420
voters under applicable federal and state laws;1421

       (e) General information on voting rights under applicable 1422
federal and state laws, including information on the right of an 1423
individual to cast a provisional ballot and instructions on how to 1424
contact the appropriate officials if these rights are alleged to 1425
have been violated;1426

       (f) General information on federal and state laws regarding 1427
prohibitions against acts of fraud and misrepresentation.1428

       (F) Nothing in this section or section 3505.183 of the 1429
Revised Code is in derogation of section 3505.24 of the Revised 1430
Code, which permits a blind, disabled, or illiterate elector to 1431
receive assistance in the marking of the elector's ballot by two 1432
precinct election officials of different political parties. A 1433
blind, disabled, or illiterate elector may receive assistance in 1434
marking that elector's provisional ballot and in completing the 1435
required affirmation in the same manner as an elector may receive 1436
assistance on the day of an election under that section.1437

       Sec. 3505.182.  Each individual who casts a provisional 1438
ballot under section 3505.181 of the Revised Code shall execute a 1439
written affirmation. The secretary of state shall prescribe the1440
form of the written affirmation, which shall be printed upon the 1441
face of the provisional ballot envelope and shall be substantially 1442
as follows:1443

"Provisional Ballot Affirmation
1444

STATE OF OHIO1445

       I, .................... (Name of provisional voter), solemnly 1446
swear or affirm that I am a registered voter in the jurisdiction 1447
in which I am voting this provisional ballot and that I am 1448
eligible to vote in the election in which I am voting this 1449
provisional ballot.1450

       I understand that, if the above-provided information is not 1451
fully completed and correct, if the board of elections determines 1452
that I am not registered to vote, a resident of this precinct, or 1453
eligible to vote in this election, or if the board of elections 1454
determines that I have already voted in this election, my 1455
provisional ballot will not be counted. I further understand that 1456
knowingly providing false information is a violation of law and 1457
subjects me to possible criminal prosecution.1458

       I hereby declare, under penalty of election falsification, 1459
that the above statements are true and correct to the best of my 1460
knowledge and belief.1461

1462
(Signature of Voter) 1463
1464
(Voter's date of birth) 1465

The last four digits of the voter's social security number 1466
1467
(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) 1468

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1469
OF THE FIFTH DEGREE.1470

Additional Information For Determining Ballot Validity
1471

(May be completed at voter's discretion)
1472

Voter's current address: 1473
Voter's former address if photo identification does not contain voter's current address 1474
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 1475
(Please circle number type) 1476
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) 1477
Reason for voting provisional ballot (Check one): 1478
     ..... Requested, but did not receive, absent voter's ballot 1479
     ..... Other 1480

Verification Statement
1481

(To be completed by election official)
1482

       The Provisional Ballot Affirmation printed above was 1483
subscribed and affirmed before me this .......... day of 1484
.......... (Month), .......... (Year).1485

       (If applicable, the election official must check the 1486
following true statement concerning additional information needed 1487
to determine the eligibility of the provisional voter.)1488

       ...... The provisional voter is required to provide 1489
additional information to the board of elections.1490

       ...... An application or challenge hearing regarding this 1491
voter has been postponed until after the election.1492

       (The election official must check the following true 1493
statement concerning identification provided by the provisional 1494
voter, if any.)1495

       ...... The provisional voter provided a current and valid 1496
photo identification.1497

       ...... The provisional voter provided a current valid photo 1498
identification, other than a driver's license or a state 1499
identification card, with the voter's former address instead of 1500
current address and has provided the election official both the 1501
current and former addresses.1502

       ...... The provisional voter provided a military 1503
identification or a copy of a current utility bill, bank 1504
statement, government check, paycheck, or other government 1505
document, other than a notice of an election mailed by a board of 1506
elections under section 3501.19 of the Revised Code or a notice of 1507
voter registration mailed by a board of elections under section 1508
3503.19 of the Revised Code, with the voter's name and current 1509
address.1510

       ...... The provisional voter provided the last four digits of 1511
the voter's social security number.1512

       ...... The provisional voter is not able to provide a current 1513
and valid photo identification, a military identification, or a 1514
copy of a current utility bill, bank statement, government check, 1515
paycheck, or other government document, other than a notice of an 1516
election mailed by a board of elections under section 3501.19 of 1517
the Revised Code or a notice of voter registration mailed by a 1518
board of elections under section 3503.19 of the Revised Code, with 1519
the voter's name and current address but does have one of these 1520
forms of identification. The provisional voter must provide one of 1521
the foregoing items of identification to the board of elections 1522
within ten days after the election.1523

       ..... The provisional voter is not able to provide a current 1524
and valid photo identification, a military identification, or a 1525
copy of a current utility bill, bank statement, government check, 1526
paycheck, or other government document, other than a notice of an 1527
election mailed by a board of elections under section 3501.19 of 1528
the Revised Code or a notice of voter registration mailed by a 1529
board of elections under section 3503.19 of the Revised Code, with 1530
the voter's name and current address but does have one of these 1531
forms of identification. Additionally, the provisional voter does 1532
have a social security number but is not able to provide the last 1533
four digits of the voter's social security number before voting. 1534
The provisional voter must provide one of the foregoing items of 1535
identification or the last four digits of the voter's social 1536
security number to the board of elections within ten days after 1537
the election.1538

       ..... The provisional voter does not have a current and valid 1539
photo identification, a military identification, a copy of a 1540
current utility bill, bank statement, government check, paycheck, 1541
or other government document with the voter's name and current 1542
address, or a social security number, but has executed an 1543
affirmation.1544

       ..... The provisional voter does not have a current and valid 1545
photo identification, a military identification, a copy of a 1546
current utility bill, bank statement, government check, paycheck, 1547
or other government document with the voter's name and current 1548
address, or a social security number, and has declined to execute 1549
an affirmation.1550

       ..... The provisional voter declined to provide a current and 1551
valid photo identification, a military identification, a copy of a 1552
current utility bill, bank statement, government check, paycheck, 1553
or other government document with the voter's name and current 1554
address, or the last four digits of the voter's social security 1555
number but does have one of these forms of identification or a 1556
social security number. The provisional voter must provide one of 1557
the foregoing items of identification or the last four digits of 1558
the voter's social security number to the board of elections 1559
within ten days after the election.1560

1561
(Signature of Election Official)" 1562

       In addition to any information required to be included on the 1563
written affirmation, an individual casting a provisional ballot 1564
may provide additional information to the election official to 1565
assist the board of elections in determining the individual's 1566
eligibility to vote in that election, including the date and 1567
location at which the individual registered to vote, if known.1568

       If the individual declines to execute the affirmation, an 1569
appropriate local election official shall comply with division 1570
(B)(6) of section 3505.181 of the Revised Code.1571

       Sec. 3505.183.  (A) When the ballot boxes are delivered to 1572
the board of elections from the precincts, the board shall 1573
separate the provisional ballot envelopes from the rest of the 1574
ballots. Teams of employees of the board consisting of one member 1575
of each major political party shall place the sealed provisional 1576
ballot envelopes in a secure location within the office of the 1577
board. The sealed provisional ballot envelopes shall remain in 1578
that secure location until the validity of those ballots is 1579
determined under division (B) of this section. While the 1580
provisional ballot is stored in that secure location, and prior to 1581
the counting of the provisional ballots, if the board receives 1582
information regarding the validity of a specific provisional 1583
ballot under division (B) of this section, the board may note, on 1584
the sealed provisional ballot envelope for that ballot, whether 1585
the ballot is valid and entitled to be counted.1586

       (B)(1) To determine whether a provisional ballot is valid and 1587
entitled to be counted, the board shall examine itsthe 1588
affirmation executed by the provisional voter, the statewide voter 1589
registration database, and other records maintained by the board 1590
of elections and determine whether the individual who cast the 1591
provisional ballot is registered and eligible to vote in the 1592
applicable election. The board shall examine the information 1593
contained in the written affirmation executed by the individual 1594
who cast the provisional ballot under division (B)(2) of section 1595
3505.181 of the Revised Code. If the individual declines to 1596
execute such an affirmation, the individual's name, written by 1597
either the individual or the election official at the direction of 1598
the individual, shall be included in a written affirmation in 1599
order for the provisional ballot to be eligible to be counted; 1600
otherwise, theIf the provisional voter provided identification at 1601
the board of elections prior to the close of the polls under 1602
division (A)(2)(a) of section 3505.18 of the Revised Code, the 1603
board of elections shall match that voter's provisional ballot 1604
envelope with the corresponding voter's identification and 1605
consider that provisional voter to have provided the required 1606
identification at the polling place at the time the ballot was 1607
cast when determining the validity of the provisional ballot. If 1608
the provisional voter provided the individual's social security 1609
number, driver's license number, or state identification card 1610
number on the provisional ballot envelope under division (A)(2)(b) 1611
of that section, the board of elections shall verify that voter's 1612
social security number, driver's license number, or state 1613
identification card number with records maintained by the bureau 1614
of motor vehicles. If those records correspond, the board of 1615
elections shall consider that provisional voter to have provided 1616
the required identification at the polling place at the time the 1617
ballot was cast.1618

       The following information shall be included by the 1619
provisional voter in the written affirmation in order for the 1620
provisional ballot to be eligible to be counted:1621

       (a) The individual's printed name and;1622

       (b) The individual's signature;1623

       (b)(c) The individual's date of birth;1624

       (d) One of the following:1625

       (i) The individual's social security number;1626

       (ii) The individual's driver's license number;1627

       (iii) The individual's state identification card number;1628

       (iv) Except as otherwise provided in division (B)(1) of this 1629
section, an affirmative notation that the individual provided the 1630
required identification under division (A)(1) of section 3505.18 1631
of the Revised Code or executed an affirmation under division 1632
(A)(3) of that section;1633

        (e) The individual's residence address;1634

        (f) A statement that the individual is a registered voter in 1635
the jurisdiction in which the provisional ballot is being voted;1636

       (c)(g) A statement that the individual is eligible to vote in 1637
the election in which the provisional ballot is being voted.1638

       (2) In addition to the information required to be included in 1639
an affirmation under division (B)(1) of this section, in 1640
determining whether a provisional ballot is valid and entitled to 1641
be counted, the board also shall examine any additional 1642
information for determining ballot validity provided by the 1643
provisional voter on the affirmation, provided by the provisional 1644
voter to an election official under section 3505.182 of the 1645
Revised Code, or provided to the board of elections during the ten 1646
days after the day of the election under division (B)(8) of 1647
section 3505.181 of the Revised Code, to assist the board in 1648
determining the individual's eligibility to vote.1649

       (3) If, in examining a provisional ballot affirmation and 1650
additional information under divisions (B)(1) and (2) of this 1651
section, the board determines that all of the following apply, the 1652
provisional ballot envelope shall be opened, and the ballot shall 1653
be placed in a ballot box to be counted:1654

       (a) The individual named on the affirmation is properly 1655
registered to vote.1656

       (b) The individual named on the affirmation is eligible to 1657
cast a ballot in the precinct and for the election in which the 1658
individual cast the provisional ballot.1659

       (c) The individual provided all of the information required 1660
under division (B)(1) of this section in the affirmation that the 1661
individual executed at the time the individual cast the 1662
provisional ballot, or the individual provided all of the 1663
information required under division (B)(1) of this section with 1664
the exception of the required identification, which identification 1665
was provided at the board of elections prior to the close of the 1666
polls or verified by matching the social security number, driver's 1667
license number, or state identification card number provided on 1668
the voter's provisional ballot envelope with records maintained by 1669
the bureau of motor vehicles.1670

       (d) If applicable, the individual provided any additional 1671
information required under division (B)(8) of section 3505.181 of 1672
the Revised Code within ten days after the day of the election.1673

       (e) If applicable, the hearing conducted under division (B) 1674
of section 3503.24 of the Revised Code after the day of the 1675
election resulted in the individual's inclusion in the official 1676
registration list.1677

       (4)(3)(a) If, in examining a provisional ballot affirmation 1678
and additional information under divisions (B)(1) and (2) of this 1679
section, the board determines that any of the following applies, 1680
the provisional ballot envelope shall not be opened, and the 1681
ballot shall not be counted:1682

       (i) The individual named on the affirmation is not qualified 1683
or is not properly registered to vote.1684

       (ii) The individual named on the affirmation is not eligible 1685
to cast a ballot in the precinct or for the election in which the 1686
individual cast the provisional ballot.1687

       (iii) TheExcept as otherwise provided in division (B)(1) of 1688
this section, the individual did not provide all of the 1689
information required under division (B)(1) of this section in the 1690
affirmation that the individual executed at the time the 1691
individual cast the provisional ballot.1692

       (iv) The individual has already cast a ballot for the 1693
election in which the individual cast the provisional ballot.1694

       (v) If applicable, the individual did not provide any 1695
additional information required under division (B)(8) of section 1696
3505.181 of the Revised Code within ten days after the day of the 1697
election.1698

       (vi) If applicable, the hearing conducted under division (B) 1699
of section 3503.24 of the Revised Code after the day of the 1700
election did not result in the individual's inclusion in the 1701
official registration list.1702

       (vii) The individual failed to provide a current and valid 1703
photo identification, a military identification, a copy of a 1704
current utility bill, bank statement, government check, paycheck, 1705
or other government document, other than a notice of an election 1706
mailed by a board of elections under section 3501.19 of the 1707
Revised Code or a notice of voter registration mailed by a board 1708
of elections under section 3503.19 of the Revised Code, with the 1709
voter's name and current address, or the last four digits of the 1710
individual's social security number or to execute an affirmation 1711
under division (A) of section 3505.18 or division (B) of section 1712
3505.181 of the Revised Code.The elector cast a provisional 1713
ballot under division (A)(2) of section 3505.181 of the Revised 1714
Code and failed to provide the required identification under 1715
division (A)(2)(a) of section 3505.18 of the Revised Code, failed 1716
to provide the elector's social security number, driver's license 1717
number, or state identification card number under division 1718
(A)(2)(b) of that section, or could not be positively identified 1719
because the elector's social security number, driver's license 1720
number, or state identification card number did not match the 1721
records maintained by the bureau of motor vehicles under that 1722
division.1723

       (b) If, in examining a provisional ballot affirmation and 1724
additional information under divisions (B)(1) and (2) of this 1725
section, the board is unable to determine either of the following, 1726
the provisional ballot envelope shall not be opened, and the 1727
ballot shall not be counted:1728

       (i) Whether the individual named on the affirmation is 1729
qualified or properly registered to vote;1730

       (ii) Whether the individual named on the affirmation is 1731
eligible to cast a ballot in the precinct or for the election in 1732
which the individual cast the provisional ballot.1733

       (C)(1) For each provisional ballot rejected under division 1734
(B)(4)(3) of this section, the board shall record the name of the 1735
provisional voter who cast the ballot, the identification number 1736
of the provisional ballot envelope, the names of the election 1737
officials who determined the validity of that ballot, the date and 1738
time that the determination was made, and the reason that the 1739
ballot was not counted.1740

       (2) Provisional ballots that are rejected under division 1741
(B)(4)(3) of this section shall not be counted but shall be 1742
preserved in their provisional ballot envelopes unopened until the 1743
time provided by section 3505.31 of the Revised Code for the 1744
destruction of all other ballots used at the election for which 1745
ballots were provided, at which time they shall be destroyed.1746

       (D) Provisional ballots that the board determines are 1747
eligible to be counted under division (B)(3)(2) of this section 1748
shall be counted in the same manner as provided for other ballots 1749
under section 3505.27 of the Revised Code. No provisional ballots 1750
shall be counted in a particular county until the board determines 1751
the eligibility to be counted of all provisional ballots cast in 1752
that county under division (B) of this section for that election. 1753
Observers, as provided in section 3505.21 of the Revised Code, may 1754
be present at all times that the board is determining the 1755
eligibility of provisional ballots to be counted and counting 1756
those provisional ballots determined to be eligible. No person 1757
shall recklessly disclose the count or any portion of the count of 1758
provisional ballots in such a manner as to jeopardize the secrecy 1759
of any individual ballot.1760

       (E)(1) Except as otherwise provided in division (E)(2) of 1761
this section, nothingNothing in this section shall prevent a 1762
board of elections from examining provisional ballot affirmations 1763
and additional information under divisions (B)(1) and (2) of this 1764
section to determine the eligibility of provisional ballots to be 1765
counted during the ten days after the day of an election.1766

       (2) A board of elections shall not examine the provisional 1767
ballot affirmation and additional information under divisions 1768
(B)(1) and (2) of this section of any provisional ballot for which 1769
an election official has indicated under division (B)(7) of 1770
section 3505.181 of the Revised Code that additional information 1771
is required for the board of elections to determine the 1772
eligibility of the individual who cast that provisional ballot 1773
until the individual provides any information required under 1774
division (B)(8) of section 3505.181 of the Revised Code, until any 1775
hearing required to be conducted under section 3503.24 of the 1776
Revised Code with regard to the provisional voter is held, or 1777
until the eleventh day after the day of the election, whichever is 1778
earlier.1779

       Sec. 3509.03.  Except as provided in section 3509.031 or 1780
division (B) of section 3509.08 of the Revised Code, any qualified 1781
elector desiring to vote absent voter's ballots at an election 1782
shall make written application for those ballots to the director 1783
of elections of the county in which the elector's voting residence 1784
is located. The application need not be in any particular form but 1785
shall contain all of the following:1786

       (A) The elector's name;1787

       (B) The elector's signature;1788

       (C) The address at which the elector is registered to vote;1789

       (D) The elector's date of birth;1790

       (E) OneThe elector's photo identification or nonphoto state 1791
identification card, or one of the following:1792

       (1) The elector's driver's license number or state 1793
identification card number; or1794

       (2) The last four digits of the elector's social security 1795
number;1796

       (3) A copy of the elector's current and valid photo 1797
identification, a copy of a military identification, or a copy of 1798
a current utility bill, bank statement, government check, 1799
paycheck, or other government document, other than a notice of an 1800
election mailed by a board of elections under section 3501.19 of 1801
the Revised Code or a notice of voter registration mailed by a 1802
board of elections under section 3503.19 of the Revised Code, that 1803
shows the name and address of the elector.1804

       (F) A statement identifying the election for which absent 1805
voter's ballots are requested;1806

       (G) A statement that the person requesting the ballots is a 1807
qualified elector;1808

       (H) If the request is for primary election ballots, the 1809
elector's party affiliation;1810

       (I) If the elector desires ballots to be mailed to the 1811
elector, the address to which those ballots shall be mailed.1812

       Each application for absent voter's ballots shall be 1813
delivered to the directorboard not earlier than the first day of 1814
January of the year of the elections for which the absent voter's 1815
ballots are requested or not earlier than ninety days before the 1816
day of the election at which the ballots are to be voted, 1817
whichever is earlier, and not later than twelve noon of the third 1818
day before the day of the election at which the ballots are to be 1819
voted, or not later than the close of regular business hours on 1820
the day before the day of the election at which the ballots are to 1821
be voted if the application is delivered in person to the office 1822
of the board.1823

       A board of elections shall not mail any unsolicited 1824
applications for absent voter's ballots. A board shall only mail 1825
an absent voter's ballot application to an elector who has 1826
requested such an application from the board. A board of elections 1827
that mails an absent voter's ballot application to an elector 1828
under this section shall not prepay the return postage for that 1829
application.1830

       Sec. 3509.031. (A) Any qualified elector who is a member of 1831
the organized militia called to active duty within the state and 1832
who will be unable to vote on election day on account of that 1833
active duty may make written application for absent voter's 1834
ballots to the directorboard of elections for the county in which 1835
the elector's voting residence is located. The elector may 1836
personally deliver the application to the directoroffice of the 1837
board or may mail it, send it by facsimile machine, or otherwise 1838
send it to the directorboard. The application need not be in any 1839
particular form but shall contain all of the following:1840

       (1) The elector's name;1841

       (2) The elector's signature;1842

       (3) The address at which the elector is registered to vote;1843

       (4) The elector's date of birth;1844

       (5) OneThe elector's photo identification or nonphoto state 1845
identification card, or one of the following:1846

       (a) The elector's driver's license number or state 1847
identification card number; or1848

       (b) The last four digits of the elector's social security 1849
number;1850

       (c) A copy of the elector's current and valid photo 1851
identification, a copy of a military identification, or a copy of 1852
a current utility bill, bank statement, government check, 1853
paycheck, or other government document, other than a notice of an 1854
election mailed by a board of elections under section 3501.19 of 1855
the Revised Code or a notice of voter registration mailed by a 1856
board of elections under section 3503.19 of the Revised Code, that 1857
shows the name and address of the elector.1858

       (6) A statement identifying the election for which absent 1859
voter's ballots are requested;1860

       (7) A statement that the person requesting the ballots is a 1861
qualified elector;1862

       (8) A statement that the elector is a member of the organized 1863
militia serving on active duty within the state;1864

       (9) If the request is for primary election ballots, the 1865
elector's party affiliation;1866

       (10) If the elector desires ballots to be mailed to the 1867
elector, the address to which those ballots shall be mailed;1868

       (11) If the elector desires ballots to be sent to the elector 1869
by facsimile machine, the telephone number to which they shall be 1870
so sent.1871

       (B) Application to have absent voter's ballots mailed or sent 1872
by facsimile machine to a qualified elector who is a member of the 1873
organized militia called to active duty within the state and who 1874
will be unable to vote on election day on account of that active 1875
duty may be made by the spouse of the militia member or the 1876
father, mother, father-in-law, mother-in-law, grandfather, 1877
grandmother, brother or sister of the whole blood or half blood, 1878
son, daughter, adopting parent, adopted child, stepparent, 1879
stepchild, uncle, aunt, nephew, or niece of the militia member. 1880
The application shall be in writing upon a blank form furnished 1881
only by the directorboard of elections. The form of the 1882
application shall be prescribed by the secretary of state. The 1883
directorboard shall furnish that blank form to any of the 1884
relatives specified in this division desiring to make the 1885
application, only upon the request of such a relative in person at 1886
the office of the board or upon the written request of such a 1887
relative mailed to the office of the board. The application, 1888
subscribed and sworn to by the applicant, shall contain all of the 1889
following:1890

        (1) The full name of the elector for whom ballots are 1891
requested;1892

        (2) A statement that such person is a qualified elector in 1893
the county;1894

        (3) The address at which the elector is registered to vote;1895

       (4) The elector's date of birth;1896

       (5) One of the following:1897

       (a) The elector's driver's license number or state 1898
identification card number;1899

       (b) The last four digits of the elector's social security 1900
number;1901

       (c) A copy of the elector's current and valid photo 1902
identification,or a copy of a militarynonphoto state1903
identification, or a copy of a current utility bill, bank 1904
statement, government check, paycheck, or other government 1905
document, other than a notice of an election mailed by a board of 1906
elections under section 3501.19 of the Revised Code or a notice of 1907
voter registration mailed by a board of elections under section 1908
3503.19 of the Revised Code, that shows the name and address of 1909
the electorcard.1910

       (6) A statement identifying the election for which absent 1911
voter's ballots are requested;1912

       (7) A statement that the elector is a member of the organized 1913
militia serving on active duty within the state;1914

        (8) If the request is for primary election ballots, the 1915
elector's party affiliation;1916

       (9) A statement that the applicant bears a relationship to 1917
the elector as specified in division (B) of this section;1918

        (10) The address to which ballots shall be mailed or 1919
telephone number to which ballots shall be sent by facsimile 1920
machine;1921

        (11) The signature and address of the person making the 1922
application.1923

       (C) Applications to have absent voter's ballots mailed or 1924
sent by facsimile machine shall not be valid if dated, postmarked, 1925
or received by the directorboard prior to the ninetieth day 1926
before the day of the election for which ballots are requested or 1927
if delivered to the directorboard later than twelve noon of the 1928
third day preceding the day of such election. If, after the 1929
ninetieth day and before four p.m. of the day before the day of an 1930
election, a valid application for absent voter's ballots is 1931
delivered to the director of elections at the office of the board 1932
by a militia member making application in the militia member's own 1933
behalf, the directorboard shall forthwith deliver to the militia 1934
member all absent voter's ballots then ready for use, together 1935
with an identification envelope. The militia member shall then 1936
vote the absent voter's ballots in the manner provided in section 1937
3509.05 of the Revised Code.1938

       (D) A board of elections shall not mail any unsolicited 1939
applications for absent voter's ballots. A board shall only mail 1940
an absent voter's ballot application to an elector who has 1941
requested such an application from the board. A board of elections 1942
that mails an absent voter's ballot application to an elector 1943
under this section shall not prepay the return postage for that 1944
application.1945

       Sec. 3509.04. (A) If a director of a board of elections 1946
receives an application for absent voter's ballots that does not 1947
contain all of the required information, the directorboard1948
promptly shall notify the applicant of the additional information 1949
required to be provided by the applicant to complete that 1950
application.1951

       (B) Upon receipt by the directorboard of elections of an 1952
application for absent voter's ballots that contains all of the 1953
required information, as provided by sections 3509.03 and 3509.031 1954
and division (G) of section 3503.16 of the Revised Code, the 1955
directorboard, if the directorboard finds that the applicant is 1956
a qualified elector, shall deliver to the applicant in person or 1957
mail directly to the applicant by special delivery mail, air mail, 1958
or regular mail, postage prepaid, proper absent voter's ballots. 1959
The directorboard shall deliver or mail with the ballots an 1960
unsealed identification envelope upon the face of which shall be 1961
printed a form substantially as follows:1962

"Identification Envelope Statement of Voter
1963

       I, ........................(Name of voter), declare under 1964
penalty of election falsification that the within ballot or 1965
ballots contained no voting marks of any kind when I received 1966
them, and I caused the ballot or ballots to be marked, enclosed in 1967
the identification envelope, and sealed in that envelope.1968

       My voting residence in Ohio is1969

...................................................................1970

(Street and Number, if any, or Rural Route and Number)
1971

of ................................ (City, Village, or Township) 1972
Ohio, which is in Ward ............... Precinct ................ 1973
in that city, village, or township.1974

       The primary election ballots, if any, within this envelope 1975
are primary election ballots of the ............. Party.1976

       Ballots contained within this envelope are to be voted at the 1977
.......... (general, special, or primary) election to be held on 1978
the .......................... day of ......................, ....1979

       My date of birth is ............... (Month and Day), 1980
.......... (Year).1981

       (Voter must provide one of the following:)1982

       My driver's license number is ............... (Driver's 1983
license number).1984

       My state identification card number is ............... (Ohio 1985
identification card number).1986

       The last four digits of myMy Social Security Number areis1987
............... (Last four digits of Social Security Number).1988

       ...... In lieu of providing a driver's license number, state 1989
identification card number, or the last four digits of my Social 1990
Security Number, I am enclosing a copy of one of the followingmy 1991
photo identification or my nonphoto state identification card in 1992
the return envelope in which this identification envelope will be 1993
mailed: a current and valid photo identification, a military 1994
identification, or a current utility bill, bank statement, 1995
government check, paycheck, or other government document, other 1996
than a notice of an election mailed by a board of elections under 1997
section 3501.19 of the Revised Code or a notice of voter 1998
registration mailed by a board of elections, that shows my name 1999
and address.2000

       I hereby declare, under penalty of election falsification, 2001
that the statements above are true, as I verily believe.2002

2003
(Signature of Voter) 2004

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 2005
THE FIFTH DEGREE."2006

       The directorboard of elections shall mail with the ballots 2007
and the unsealed identification envelope an unsealed return 2008
envelope upon the face of which shall be printed the official 2009
title and post-office address of the director. In the upper left 2010
corner on the face of the return envelope, several blank lines 2011
shall be printed upon which the voter may write the voter's name 2012
and return address. The return envelope shall be of such size that 2013
the identification envelope can be conveniently placed within it 2014
for returning the identification envelope to the directorboard.2015

       Sec. 3509.05.  (A) When an elector receives an absent voter's 2016
ballot pursuant to the elector's application or request, the 2017
elector shall, before placing any marks on the ballot, note 2018
whether there are any voting marks on it. If there are any voting 2019
marks, the ballot shall be returned immediately to the board of 2020
elections; otherwise, the elector shall cause the ballot to be 2021
marked, folded in a manner that the stub on it and the 2022
indorsements and facsimile signatures of the members of the board 2023
of elections on the back of it are visible, and placed and sealed 2024
within the identification envelope received from the director2025
board of elections for that purpose. Then, the elector shall cause 2026
the statement of voter on the outside of the identification 2027
envelope to be completed and signed, under penalty of election 2028
falsification.2029

       If the elector does not provide the elector's driver's 2030
license number, state identification card number, or the last four 2031
digits of the elector's social security number on the statement of 2032
voter on the identification envelope, the elector also shall 2033
include in the return envelope with the identification envelope a 2034
copy of the elector's current valid photo identification,or a 2035
copy of a militarynonphoto state identification, or a copy of a 2036
current utility bill, bank statement, government check, paycheck, 2037
or other government document, other than a notice of an election 2038
mailed by a board of elections under section 3501.19 of the 2039
Revised Code or a notice of voter registration mailed by a board 2040
of elections under section 3503.19 of the Revised Code, that shows 2041
the name and address of the electorcard.2042

       The elector shall mail the identification envelope to the 2043
directorboard from whomwhich it was received in the return 2044
envelope, postage prepaid, or the elector may personally deliver 2045
it to the directoroffice of the board, or the spouse of the 2046
elector, the father, mother, father-in-law, mother-in-law, 2047
grandfather, grandmother, brother, or sister of the whole or half 2048
blood, or the son, daughter, adopting parent, adopted child, 2049
stepparent, stepchild, uncle, aunt, nephew, or niece of the 2050
elector may deliver it to the directorboard. The return envelope 2051
shall be transmitted to the directorboard in no other manner, 2052
except as provided in section 3509.08 of the Revised Code.2053

       When absent voter's ballots are delivered to an elector at 2054
the office of the board, the elector may retire to a voting 2055
compartment provided by the board and there mark the ballots. 2056
Thereupon, the elector shall fold them, place them in the 2057
identification envelope provided, seal the envelope, fill in and 2058
sign the statement on the envelope under penalty of election 2059
falsification, and deliver the envelope to the director of the2060
board.2061

       Except as otherwise provided in division (B) of this section, 2062
all other envelopes containing marked absent voter's ballots shall 2063
be delivered to the directorboard not later than the close of the 2064
polls on the day of an election. Absent voter's ballots delivered 2065
to the directorboard later than the times specified shall not be 2066
counted, but shall be kept by the board in the sealed 2067
identification envelopes in which they are delivered to the 2068
director, until the time provided by section 3505.31 of the 2069
Revised Code for the destruction of all other ballots used at the 2070
election for which ballots were provided, at which time they shall 2071
be destroyed.2072

       (B)(1) Except as otherwise provided in division (B)(2) of 2073
this section, any return envelope that is postmarked prior to the 2074
day of the election shall be delivered to the directorboard prior 2075
to the eleventh day after the election. Ballots delivered in 2076
envelopes postmarked prior to the day of the election that are 2077
received after the close of the polls on election day through the 2078
tenth day thereafter shall be counted on the eleventh day at the 2079
board of elections in the manner provided in divisions (C) and (D) 2080
of section 3509.06 of the Revised Code. Any such ballots that are 2081
received by the directorboard later than the tenth day following 2082
the election shall not be counted, but shall be kept by the board 2083
in the sealed identification envelopes as provided in division (A) 2084
of this section.2085

       (2) Division (B)(1) of this section shall not apply to any 2086
mail that is postmarked using a postage evidencing system, 2087
including a postage meter, as defined in 39 C.F.R. 501.1.2088

       (C) Upon receipt of any return envelope prior to the eleventh 2089
day after the day of any election, the board of elections shall 2090
open it but shall not open the identification envelope contained 2091
in it. If, upon so opening the return envelope, the board finds 2092
ballots in it that are not enclosed in and properly sealed in the 2093
identification envelope, the board shall not look at the markings 2094
upon the ballots and shall promptly place them in the 2095
identification envelope and promptly seal it. If, upon so opening 2096
the return envelope, the board finds that ballots are enclosed in 2097
the identification envelope but that it is not properly sealed, 2098
the board shall not look at the markings upon the ballots and 2099
shall promptly seal the identification envelope.2100

       Sec. 3509.08.  (A) Any qualified elector, who, on account of 2101
the elector's own personal illness, physical disability, or 2102
infirmity, or on account of the elector's confinement in a jail or 2103
workhouse under sentence for a misdemeanor or awaiting trial on a 2104
felony or misdemeanor, will be unable to travel from the elector's 2105
home or place of confinement to the voting booth in the elector's 2106
precinct on the day of any general, special, or primary election 2107
may make application in writing for an absent voter's ballot to2108
the director of the board of elections of the elector's county. 2109
The application shall include all of the information required 2110
under section 3509.03 of the Revised Code and shall state the 2111
nature of the elector's illness, physical disability, or 2112
infirmity, or the fact that the elector is confined in a jail or 2113
workhouse and the elector's resultant inability to travel to the 2114
election booth in the elector's precinct on election day. The 2115
application shall not be valid if it is delivered to the director2116
board before the ninetieth day or after twelve noon of the third 2117
day before the day of the election at which the ballot is to be 2118
voted.2119

       The absent voter's ballot may be mailed directly to the 2120
applicant at the applicant's voting residence or place of 2121
confinement as stated in the applicant's application, or the board 2122
may designate two board employees belonging to the two major 2123
political parties for the purpose of delivering the ballot to the 2124
disabled or confined elector and returning it to the board, unless 2125
the applicant is confined to a public or private institution 2126
within the county, in which case the board shall designate two 2127
board employees belonging to the two major political parties for 2128
the purpose of delivering the ballot to the disabled or confined 2129
elector and returning it to the board. In all other instances, the 2130
ballot shall be returned to the office of the board in the manner 2131
prescribed in section 3509.05 of the Revised Code.2132

       Any disabled or confined elector who declares to the two 2133
board employees belonging to the two major political parties that 2134
the elector is unable to mark the elector's ballot by reason of 2135
physical infirmity that is apparent to the employees to be 2136
sufficient to incapacitate the voter from marking the elector's 2137
ballot properly, may receive, upon request, the assistance of the 2138
employees in marking the elector's ballot, and they shall 2139
thereafter give no information in regard to this matter. Such 2140
assistance shall not be rendered for any other cause.2141

       When two board employees belonging to the two major political 2142
parties deliver a ballot to a disabled or confined elector, each 2143
of the employees shall be present when the ballot is delivered, 2144
when assistance is given, and when the ballot is returned to the 2145
office of the board, and shall subscribe to the declaration on the 2146
identification envelope.2147

       The secretary of state shall prescribe the form of 2148
application for absent voter's ballots under this division.2149

        This chapter applies to disabled and confined absent voter's 2150
ballots except as otherwise provided in this section.2151

       (B)(1) Any qualified elector who is unable to travel to the 2152
voting booth in the elector's precinct on the day of any general, 2153
special, or primary election may apply to the director of the 2154
board of elections of the county where the elector is a qualified 2155
elector to vote in the election by absent voter's ballot if either 2156
of the following apply:2157

       (a) The elector is confined in a hospital as a result of an 2158
accident or unforeseeable medical emergency occurring before the 2159
election;2160

       (b) The elector's minor child is confined in a hospital as a 2161
result of an accident or unforeseeable medical emergency occurring 2162
before the election.2163

       (2) The application authorized under division (B)(1) of this 2164
section shall be made in writing, shall include all of the 2165
information required under section 3509.03 of the Revised Code, 2166
and shall be delivered to the directorboard not later than three 2167
p.m. on the day of the election. The application shall indicate 2168
the hospital where the applicant or the applicant's child is 2169
confined, the date of the applicant's or the applicant's child's 2170
admission to the hospital, and the offices for which the applicant 2171
is qualified to vote. The applicant may also request that a member 2172
of the applicant's family, as listed in section 3509.05 of the 2173
Revised Code, deliver the absent voter's ballot to the applicant. 2174
The directorboard, after establishing to the director'sboard's2175
satisfaction the validity of the circumstances claimed by the 2176
applicant, shall supply an absent voter's ballot to be delivered 2177
to the applicant. When the applicant or the applicant's child is 2178
in a hospital in the county where the applicant is a qualified 2179
elector and no request is made for a member of the family to 2180
deliver the ballot, the directorboard shall arrange for the 2181
delivery of an absent voter's ballot to the applicant, and for its 2182
return to the office of the board, by two board employees 2183
belonging to the two major political parties according to the 2184
procedures prescribed in division (A) of this section. When the 2185
applicant or the applicant's child is in a hospital outside the 2186
county where the applicant is a qualified elector and no request 2187
is made for a member of the family to deliver the ballot, the 2188
directorboard shall arrange for the delivery of an absent voter's 2189
ballot to the applicant by mail, and the ballot shall be returned 2190
to the office of the board in the manner prescribed in section 2191
3509.05 of the Revised Code.2192

       (3) Any qualified elector who is eligible to vote under 2193
division (B) or (C) of section 3503.16 of the Revised Code but is 2194
unable to do so because of the circumstances described in division 2195
(B)(2) of this section may vote in accordance with division (B)(1) 2196
of this section if that qualified elector states in the 2197
application for absent voter's ballots that that qualified elector 2198
moved or had a change of name under the circumstances described in 2199
division (B) or (C) of section 3503.16 of the Revised Code and if 2200
that qualified elector complies with divisions (G)(1) to (4) of 2201
section 3503.16 of the Revised Code.2202

       (C) Any qualified elector described in division (A) or (B)(1) 2203
of this section who needs no assistance to vote or to return 2204
absent voter's ballots to the board of elections may apply for 2205
absent voter's ballots under section 3509.03 of the Revised Code 2206
instead of applying for them under this section.2207

       (D) Any qualified elector described in division (A) or (B)(1) 2208
of this section to whom ballots are delivered by two employees of 2209
the board of elections or who votes with the assistance of two 2210
employees of the board of elections shall be considered to have 2211
cast absent voter's ballots by mail, rather than in person, for 2212
the purpose of the laws governing voter identification. Such an 2213
elector may provide any of the types of identification acceptable 2214
for mail-in absent voter's ballots to the election officials at 2215
the time the ballots are delivered to the elector or at the time 2216
the election officials assist the elector in marking the ballot, 2217
as the case may be.2218

       Sec. 3511.02.  Notwithstanding any section of the Revised 2219
Code to the contrary, whenever any person applies for registration 2220
as a voter on a form adopted in accordance with federal 2221
regulations relating to the "Uniformed and Overseas Citizens 2222
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 2223
this application shall be sufficient for voter registration and as 2224
a request for an absent voter's ballot. Uniformed services or 2225
overseas absent voter's ballots may be obtained by any person 2226
meeting the requirements of section 3511.01 of the Revised Code by 2227
applying electronically to the secretary of state or to the board 2228
of elections of the county in which the person's voting residence 2229
is located in accordance with section 3511.021 of the Revised Code 2230
or by applying to the director of the board of elections of the 2231
county in which the person's voting residence is located, in one 2232
of the following ways:2233

       (A) That person may make written application for those 2234
ballots. The person may personally deliver the application to the 2235
directorboard or may mail it, send it by facsimile machine, or 2236
otherwise send it to the directorboard. The application need not 2237
be in any particular form but shall contain all of the following 2238
information:2239

       (1) The elector's name;2240

       (2) The elector's signature;2241

       (3) The address at which the elector is registered to vote;2242

       (4) The elector's date of birth;2243

       (5) OneThe elector's photo identification or nonphoto state 2244
identification card, or one of the following:2245

       (a) The elector's driver's license number or state 2246
identification card number; or2247

       (b) The last four digits of the elector's social security 2248
number;2249

       (c) A copy of the elector's current and valid photo 2250
identification, a copy of a military identification, or a copy of 2251
a current utility bill, bank statement, government check, 2252
paycheck, or other government document, other than a notice of an 2253
election mailed by a board of elections under section 3501.19 of 2254
the Revised Code or a notice of voter registration mailed by a 2255
board of elections under section 3503.19 of the Revised Code, that 2256
shows the name and address of the elector.2257

       (6) A statement identifying the election for which absent 2258
voter's ballots are requested;2259

       (7) A statement that the person requesting the ballots is a 2260
qualified elector;2261

       (8) A statement that the elector is an absent uniformed 2262
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;2263

       (9) A statement of the elector's length of residence in the 2264
state immediately preceding the commencement of service, 2265
immediately preceding the date of leaving to be with or near the 2266
service member, or immediately preceding leaving the United 2267
States, whichever is applicable;2268

       (10) If the request is for primary election ballots, the 2269
elector's party affiliation;2270

       (11) If the elector desires ballots to be mailed to the 2271
elector, the address to which those ballots shall be mailed;2272

       (12) If the elector desires ballots to be sent to the elector 2273
by facsimile machine, the telephone number to which they shall be 2274
so sent.2275

       (B) A voter or any relative of a voter listed in division (C) 2276
of this section may use a single federal post card application to 2277
apply for uniformed services or overseas absent voter's ballots 2278
for use at the primary and general elections in a given year and 2279
any special election to be held on the day in that year specified 2280
by division (E) of section 3501.01 of the Revised Code for the 2281
holding of a primary election, designated by the general assembly 2282
for the purpose of submitting constitutional amendments proposed 2283
by the general assembly to the voters of the state. A single 2284
federal postcard application shall be processed by the board of 2285
elections pursuant to section 3511.04 of the Revised Code the same 2286
as if the voter had applied separately for uniformed services or 2287
overseas absent voter's ballots for each election.2288

       (C) Application to have uniformed services or overseas absent 2289
voter's ballots mailed or sent by facsimile machine to such a 2290
person may be made by the spouse, father, mother, father-in-law, 2291
mother-in-law, grandfather, grandmother, brother or sister of the 2292
whole blood or half blood, son, daughter, adopting parent, adopted 2293
child, stepparent, stepchild, uncle, aunt, nephew, or niece of 2294
such a person. The application shall be in writing upon a blank 2295
form furnished only by the directorboard of elections or on a 2296
single federal post card as provided in division (B) of this 2297
section. The form of the application shall be prescribed by the 2298
secretary of state. The directorboard shall furnish that blank 2299
form to any of the relatives specified in this division desiring 2300
to make the application, only upon the request of such a relative 2301
made in person at the office of the board or upon the written 2302
request of such a relative mailed to the office of the board. The 2303
application, subscribed and sworn to by the applicant, shall 2304
contain all of the following:2305

       (1) The full name of the elector for whom ballots are 2306
requested;2307

       (2) A statement that the elector is an absent uniformed 2308
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;2309

       (3) The address at which the elector is registered to vote;2310

       (4) A statement identifying the elector's length of residence 2311
in the state immediately preceding the commencement of service, 2312
immediately preceding the date of leaving to be with or near a 2313
service member, or immediately preceding leaving the United 2314
States, as the case may be;2315

        (5) The elector's date of birth;2316

       (6) One of the following:2317

       (a) The elector's driver's license number or state 2318
identification card number;2319

       (b) The last four digits of the elector's social security 2320
number;2321

       (c) A copy of the elector's current and valid photo 2322
identification,or a copy of a militarynonphoto state2323
identification, or a copy of a current utility bill, bank 2324
statement, government check, paycheck, or other government 2325
document, other than a notice of an election mailed by a board of 2326
elections under section 3501.19 of the Revised Code or a notice of 2327
voter registration mailed by a board of elections under section 2328
3503.19 of the Revised Code, that shows the name and address of 2329
the electorcard.2330

       (7) A statement identifying the election for which absent 2331
voter's ballots are requested;2332

       (8) A statement that the person requesting the ballots is a 2333
qualified elector;2334

       (9) If the request is for primary election ballots, the 2335
elector's party affiliation;2336

        (10) A statement that the applicant bears a relationship to 2337
the elector as specified in division (C) of this section;2338

        (11) The address to which ballots shall be mailed or the 2339
telephone number to which ballots shall be sent by facsimile 2340
machine;2341

        (12) The signature and address of the person making the 2342
application.2343

       Each application for uniformed services or overseas absent 2344
voter's ballots shall be delivered to the directorboard not 2345
earlier than the first day of January of the year of the elections 2346
for which the uniformed services or overseas absent voter's 2347
ballots are requested or not earlier than ninety days before the 2348
day of the election at which the ballots are to be voted, 2349
whichever is earlier, and not later than twelve noon of the third 2350
day preceding the day of the election, or not later than the close 2351
of regular business hours on the day before the day of the 2352
election at which those ballots are to be voted if the application 2353
is delivered in person to the office of the board.2354

       (D) If the voter for whom the application is made is entitled 2355
to vote for presidential and vice-presidential electors only, the 2356
applicant shall submit to the directorboard in addition to the 2357
requirements of divisions (A), (B), and (C) of this section, a 2358
statement to the effect that the voter is qualified to vote for 2359
presidential and vice-presidential electors and for no other 2360
offices.2361

       Sec. 3511.05.  (A) The director of the board of elections 2362
shall place uniformed services or overseas absent voter's ballots 2363
sent by mail in an unsealed identification envelope, gummed ready 2364
for sealing. The directorboard shall include with uniformed 2365
services or overseas absent voter's ballots sent electronically, 2366
including by facsimile machine, an instruction sheet for preparing 2367
a gummed envelope in which the ballots shall be returned. The 2368
envelope for returning ballots sent by either means shall have 2369
printed or written on its face a form substantially as follows:2370

"Identification Envelope Statement of Voter
2371

       I, ........................(Name of voter), declare under 2372
penalty of election falsification that the within ballot or 2373
ballots contained no voting marks of any kind when I received 2374
them, and I caused the ballot or ballots to be marked, enclosed in 2375
the identification envelope, and sealed in that envelope.2376

       My voting residence in Ohio is2377

...................................................................2378

(Street and Number, if any, or Rural Route and Number)
2379

of ................................ (City, Village, or Township) 2380
Ohio, which is in Ward ............... Precinct ................ 2381
in that city, village, or township.2382

       The primary election ballots, if any, within this envelope 2383
are primary election ballots of the ............. Party.2384

       Ballots contained within this envelope are to be voted at the 2385
.......... (general, special, or primary) election to be held on 2386
the .......................... day of ......................, ....2387

       My date of birth is ............... (Month and Day), 2388
.......... (Year).2389

       (Voter must provide one of the following:)2390

       My driver's license number is ............... (Driver's 2391
license number).2392

       My state identification card number is ............... (Ohio 2393
identification card number).2394

       The last four digits of myMy Social Security Number areis2395
............... (Last four digits of Social Security Number).2396

       ...... In lieu of providing a driver's license number, state 2397
identification card number, or the last four digits of my Social 2398
Security Number, I am enclosing a copy of one of the followingmy 2399
photo identification or my nonphoto state identification card in 2400
the return envelope in which this identification envelope will be 2401
mailed: a current and valid photo identification, a military 2402
identification, or a current utility bill, bank statement, 2403
government check, paycheck, or other government document, other 2404
than a notice of an election mailed by a board of elections under 2405
section 3501.19 of the Revised Code or a notice of voter 2406
registration mailed by a board of elections, that shows my name 2407
and address.2408

       I hereby declare, under penalty of election falsification, 2409
that the statements above are true, as I verily believe.2410

2411
(Signature of Voter) 2412

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 2413
THE FIFTH DEGREE."2414

       (B) The directorboard shall also mail with the ballots and 2415
the unsealed identification envelope sent by mail an unsealed 2416
return envelope, gummed, ready for sealing, for use by the voter 2417
in returning the voter's marked ballots to the directorboard. The 2418
directorboard shall send with the ballots and the instruction 2419
sheet for preparing a gummed envelope sent electronically, 2420
including by facsimile machine, an instruction sheet for preparing 2421
a second gummed envelope as described in this division, for use by 2422
the voter in returning that voter's marked ballots to the director2423
board. The return envelope shall have two parallel lines, each one 2424
quarter of an inch in width, printed across its face paralleling 2425
the top, with an intervening space of one quarter of an inch 2426
between such lines. The top line shall be one and one-quarter 2427
inches from the top of the envelope. Between the parallel lines 2428
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR 2429
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank 2430
lines shall be printed in the upper left corner on the face of the 2431
envelope for the use by the voter in placing the voter's complete 2432
military, naval, or mailing address on these lines, and beneath 2433
these lines there shall be printed a box beside the words "check 2434
if out-of-country." The voter shall check this box if the voter 2435
will be outside the United States on the day of the election. The 2436
official title and the post-office address of the directorboard2437
to whomwhich the envelope shall be returned shall be printed on 2438
the face of such envelope in the lower right portion below the 2439
bottom parallel line.2440

       (C) On the back of each identification envelope and each 2441
return envelope shall be printed the following:2442

"Instructions to voter:2443

       If the flap on this envelope is so firmly stuck to the back 2444
of the envelope when received by you as to require forcible 2445
opening in order to use it, open the envelope in the manner least 2446
injurious to it, and, after marking your ballots and enclosing 2447
same in the envelope for mailing them to the director of the board 2448
of elections, reclose the envelope in the most practicable way, by 2449
sealing or otherwise, and sign the blank form printed below.2450

       The flap on this envelope was firmly stuck to the back of the 2451
envelope when received, and required forced opening before sealing 2452
and mailing.2453

2454
(Signature of voter)" 2455

       (D) Division (C) of this section does not apply when absent 2456
voter's ballots are sent electronically, including by facsimile 2457
machine.2458

       Sec. 3511.09.  Upon receiving uniformed services or overseas 2459
absent voter's ballots, the elector shall cause the questions on 2460
the face of the identification envelope to be answered, and, by 2461
writing the elector's usual signature in the proper place on the 2462
identification envelope, the elector shall declare under penalty 2463
of election falsification that the answers to those questions are 2464
true and correct to the best of the elector's knowledge and 2465
belief. Then, the elector shall note whether there are any voting 2466
marks on the ballot. If there are any voting marks, the ballot 2467
shall be returned immediately to the board of elections; 2468
otherwise, the elector shall cause the ballot to be marked, folded 2469
separately so as to conceal the markings on it, deposited in the 2470
identification envelope, and securely sealed in the identification 2471
envelope. The elector then shall cause the identification envelope 2472
to be placed within the return envelope, sealed in the return 2473
envelope, and mailed to the director of the board of elections to 2474
whom it is addressed, postage prepaid. If the elector does not 2475
provide the elector's driver's license number, state 2476
identification card number or the last four digits of the 2477
elector's social security number on the statement of voter on the 2478
identification envelope, the elector also shall include in the 2479
return envelope with the identification envelope a copy of the 2480
elector's current valid photo identification,or a copy of a 2481
militarynonphoto state identification, or a copy of a current 2482
utility bill, bank statement, government check, paycheck, or other 2483
government document, other than a notice of an election mailed by 2484
a board of elections under section 3501.19 of the Revised Code or 2485
a notice of voter registration mailed by a board of elections 2486
under section 3503.19 of the Revised Code, that shows the name and 2487
address of the electorcard. Each elector who will be outside the 2488
United States on the day of the election shall check the box on 2489
the return envelope indicating this fact and shall mail the return 2490
envelope to the directorboard prior to the close of the polls on 2491
election day.2492

       Every uniformed services or overseas absent voter's ballot 2493
identification envelope shall be accompanied by the following 2494
statement in boldface capital letters: WHOEVER COMMITS ELECTION 2495
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.2496

       Sec. 4507.50.  (A) The registrar of motor vehicles or a 2497
deputy registrar, upon receipt of an application filed in 2498
compliance with section 4507.51 of the Revised Code by any person 2499
who is a resident or a temporary resident of this state and, 2500
except as otherwise provided in this section, is not licensed as 2501
an operator of a motor vehicle in this state or another licensing 2502
jurisdiction, and, except as provided in divisiondivisions (B) 2503
and (C) of this section, upon receipt of a fee of three dollars 2504
and fifty cents, shall issue an identification card to that 2505
person.2506

       Any person who is a resident or temporary resident of this 2507
state whose Ohio driver's or commercial driver's license has been 2508
suspended or canceled, upon application in compliance with section 2509
4507.51 of the Revised Code and, except as provided in division 2510
(B) of this section, payment of a fee of three dollars and fifty 2511
cents, may be issued a temporary identification card. The 2512
temporary identification card shall be identical to an 2513
identification card, except that it shall be printed on its face 2514
with a statement that the card is valid during the effective dates 2515
of the suspension or cancellation of the cardholder's license, or 2516
until the birthday of the cardholder in the fourth year after the 2517
date on which it is issued, whichever is shorter. The cardholder 2518
shall surrender the identification card to the registrar or any 2519
deputy registrar before the cardholder's driver's or commercial 2520
driver's license is restored or reissued.2521

       Except as provided in divisiondivisions (B) and (C) of this 2522
section, the deputy registrar shall be allowed a fee of two 2523
dollars and seventy-five cents commencing on July 1, 2001, three 2524
dollars and twenty-five cents commencing on January 1, 2003, and 2525
three dollars and fifty cents commencing on January 1, 2004, for 2526
each identification card issued under this section. The fee 2527
allowed to the deputy registrar shall be in addition to the fee 2528
for issuing an identification card.2529

       Neither the registrar nor any deputy registrar shall charge a 2530
fee in excess of one dollar and fifty cents for laminating an 2531
identification card or temporary identification card. A deputy 2532
registrar laminating such a card shall retain the entire amount of 2533
the fee charged for lamination, less the actual cost to the 2534
registrar of the laminating materials used for that lamination, as 2535
specified in the contract executed by the bureau for the 2536
laminating materials and laminating equipment. The deputy 2537
registrar shall forward the amount of the cost of the laminating 2538
materials to the registrar for deposit as provided in this 2539
section.2540

       The fee collected for issuing an identification card under 2541
this section, except the fee allowed to the deputy registrar, 2542
shall be paid into the state treasury to the credit of the state 2543
bureau of motor vehicles fund created in section 4501.25 of the 2544
Revised Code.2545

       (B) A disabled veteran who has a service-connected disability 2546
rated at one hundred per cent by the veterans' administration may 2547
apply to the registrar or a deputy registrar for the issuance to 2548
that veteran of an identification card or a temporary 2549
identification card under this section without payment of any fee 2550
prescribed in division (A) of this section, including any 2551
lamination fee.2552

       An application made under division (B) of this section shall 2553
be accompanied by such documentary evidence of disability as the 2554
registrar may require by rule.2555

       (C) Not more frequently than once every four years, an 2556
individual who does not have photo identification may apply to the 2557
registrar or a deputy registrar for the issuance to that 2558
individual of an identification card or a temporary identification 2559
card under this section without payment of any fee.2560

        The registrar shall issue photo identification to such an 2561
individual without payment of any fee described in division (A) of 2562
this section.2563

       (D) The bureau of motor vehicles shall promulgate rules 2564
permitting an individual with a religious objection to being 2565
photographed to receive a state identification card issued without 2566
a photograph under this section. Rules issued under this section 2567
shall permit nonphoto state identification cards to be issued for 2568
use as identification under Title XXXV of the Revised Code 2569
sufficiently in advance of the February 7, 2012, special election 2570
to allow those identification cards to be used as identification 2571
for individuals casting a ballot at that election. 2572

       (E) The bureau of motor vehicles shall promulgate rules to 2573
allow developmentally disabled individuals to apply for, and 2574
receive, state identification cards onsite at the county boards of 2575
developmental disabilities at regular intervals.2576

       Section 2. That existing sections 3501.01, 3503.14, 3503.15, 2577
3503.16, 3503.19, 3503.24, 3503.28, 3505.18, 3505.181, 3505.182, 2578
3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3509.08, 3511.02, 2579
3511.05, 3511.09, and 4507.50 of the Revised Code are hereby 2580
repealed.2581

       Section 3. It is the intent of the General Assembly that the 2582
provisions of this bill prevail over any conflicting provisions of 2583
legislation, including any conflicting provisions of H.B. 194 of 2584
the 129th General Assembly, that may be enacted prior to July 1, 2585
2011, for the purpose of determining the types of identification 2586
that are acceptable for voting under Title XXXV of the Revised 2587
Code.2588