As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 194


Representatives Mecklenborg, Blessing 


A BILL
To amend sections 3.02, 302.09, 305.02, 503.24, 1
511.27, 733.31, 1545.21, 1901.10, 2301.02, 2
3501.01, 3501.02, 3501.05, 3501.10, 3503.14, 3
3503.15, 3503.16, 3503.19, 3505.18, 3505.181, 4
3505.182, 3505.183, 3505.21, 3505.28, 3506.05, 5
3509.01, 3509.02, 3509.03, 3509.031, 3509.04, 6
3511.09, 3511.10, 3513.12, 3513.262, and 3513.31 7
and to enact sections 3501.40, 3503.161, and 8
3506.021 of the Revised Code to revise the 9
Election Law.10


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

       Section 1. That sections 511.27, 1545.21, 3501.01, 3501.05, 11
3501.10, 3503.14, 3503.15, 3503.16, 3503.19, 3505.18, 3505.181, 12
3505.182, 3505.183, 3505.21, 3505.28, 3506.05, 3509.01, 3509.02, 13
3509.03, 3509.031, 3509.04, 3511.09, 3511.10, 3513.12, and 14
3513.262 be amended and sections 3501.40, 3503.161, and 3506.021 15
of the Revised Code be enacted to read as follows:16

       Sec. 511.27.  (A) To defray the expenses of the township park 17
district and for purchasing, appropriating, operating, 18
maintaining, and improving lands for parks or recreational 19
purposes, the board of park commissioners may levy a sufficient 20
tax within the ten-mill limitation, not to exceed one mill on each 21
dollar of valuation on all real and personal property within the 22
township, and on all real and personal property within any 23
municipal corporation that is within the township, that was within 24
the township at the time that the park district was established, 25
or the boundaries of which are coterminous with or include the 26
township. The levy shall be over and above all other taxes and 27
limitations on such property authorized by law.28

       (B) Except as otherwise provided in division (C) of this 29
section, the board of park commissioners, not less than ninety 30
days before the day of the election, may declare by resolution 31
that the amount of taxes that may be raised within the ten-mill 32
limitation will be insufficient to provide an adequate amount for 33
the necessary requirements of the district and that it is 34
necessary to levy a tax in excess of that limitation for the use 35
of the district. The resolution shall specify the purpose for 36
which the taxes shall be used, the annual rate proposed, and the 37
number of consecutive years the levy will be in effect. Upon the 38
adoption of the resolution, the question of levying the taxes 39
shall be submitted to the electors of the township and the 40
electors of any municipal corporation that is within the township, 41
that was within the township at the time that the park district 42
was established, or the boundaries of which are coterminous with 43
or include the township, at a special election to be held on 44
whichever of the following occurs first:45

       (1) The day of the next ensuing general election;46

       (2) The first Tuesday after the first Monday in May of any 47
calendar year, except that, if a presidentialday of the next 48
ensuing primary election is held in that calendar year, then the 49
day of that election.50

       The rate submitted to the electors at any one election shall 51
not exceed two mills annually upon each dollar of valuation. If a 52
majority of the electors voting upon the question of the levy vote 53
in favor of the levy, the tax shall be levied on all real and 54
personal property within the township and on all real and personal 55
property within any municipal corporation that is within the 56
township, that was within the township at the time that the park 57
district was established, or the boundaries of which are 58
coterminous with or include the township, and the levy shall be 59
over and above all other taxes and limitations on such property 60
authorized by law.61

       (C) In any township park district that contains only 62
unincorporated territory, if the township board of park 63
commissioners is appointed by the board of township trustees, 64
before a tax can be levied and certified to the county auditor 65
pursuant to section 5705.34 of the Revised Code or before a 66
resolution for a tax levy can be certified to the board of 67
elections pursuant to section 511.28 of the Revised Code, the 68
board of park commissioners shall receive approval for its levy 69
request from the board of township trustees. The board of park 70
commissioners shall adopt a resolution requesting the board of 71
township trustees to approve the levy request, stating the annual 72
rate of the proposed levy and the reason for the levy request. On 73
receiving this request, the board of township trustees shall vote 74
on whether to approve the request and, if a majority votes to 75
approve it, shall issue a resolution approving the levy at the 76
requested rate.77

       Sec. 1545.21.  The board of park commissioners, by 78
resolution, may submit to the electors of the park district the 79
question of levying taxes for the use of the district. The 80
resolution shall declare the necessity of levying such taxes, 81
shall specify the purpose for which such taxes shall be used, the 82
annual rate proposed, and the number of consecutive years the rate 83
shall be levied. Such resolution shall be forthwith certified to 84
the board of elections in each county in which any part of such 85
district is located, not later than the ninetieth day before the 86
day of the election, and the question of the levy of taxes as 87
provided in such resolution shall be submitted to the electors of 88
the district at a special election to be held on whichever of the 89
following occurs first:90

       (A) The day of the next general election;91

       (B) The first Tuesday after the first Monday in May in any 92
calendar year, except that if a presidentialday of the next93
primary election is held in that calendar year, then the day of 94
that election. The95

       The ballot shall set forth the purpose for which the taxes 96
shall be levied, the annual rate of levy, and the number of years 97
of such levy. If the tax is to be placed on the current tax list, 98
the form of the ballot shall state that the tax will be levied in 99
the current tax year and shall indicate the first calendar year 100
the tax will be due. If the resolution of the board of park 101
commissioners provides that an existing levy will be canceled upon 102
the passage of the new levy, the ballot may include a statement 103
that: "an existing levy of ... mills (stating the original levy 104
millage), having ... years remaining, will be canceled and 105
replaced upon the passage of this levy." In such case, the ballot 106
may refer to the new levy as a "replacement levy" if the new 107
millage does not exceed the original millage of the levy being 108
canceled or as a "replacement and additional levy" if the new 109
millage exceeds the original millage of the levy being canceled. 110
If a majority of the electors voting upon the question of such 111
levy vote in favor thereof, such taxes shall be levied and shall 112
be in addition to the taxes authorized by section 1545.20 of the 113
Revised Code, and all other taxes authorized by law. The rate 114
submitted to the electors at any one time shall not exceed two 115
mills annually upon each dollar of valuation. When a tax levy has 116
been authorized as provided in this section or in section 1545.041 117
of the Revised Code, the board of park commissioners may issue 118
bonds pursuant to section 133.24 of the Revised Code in 119
anticipation of the collection of such levy, provided that such 120
bonds shall be issued only for the purpose of acquiring and 121
improving lands. Such levy, when collected, shall be applied in 122
payment of the bonds so issued and the interest thereon. The 123
amount of bonds so issued and outstanding at any time shall not 124
exceed one per cent of the total tax valuation in such district. 125
Such bonds shall bear interest at a rate not to exceed the rate 126
determined as provided in section 9.95 of the Revised Code.127

       Sec. 3501.01.  As used in the sections of the Revised Code 128
relating to elections and political communications:129

       (A) "General election" means the election held on the first 130
Tuesday after the first Monday in each November.131

       (B) "Regular municipal election" means the election held on 132
the first Tuesday after the first Monday in November in each 133
odd-numbered year.134

       (C) "Regular state election" means the election held on the 135
first Tuesday after the first Monday in November in each 136
even-numbered year.137

       (D) "Special election" means any election other than those 138
elections defined in other divisions of this section. A special 139
election may be held only on the first Tuesday after the first 140
Monday in February, May, August, or November, or on the day 141
authorized by a particular municipal or county charter for the 142
holding of a primary election, except that in any year in which a 143
presidential primary election is held, no special election shall 144
be held in February or May, except as authorized by a municipal or 145
county charter, but may be held on the first Tuesday after the 146
first Monday in March.147

       (E)(1) "Primary" or "primary election" means an election held 148
for the purpose of nominating persons as candidates of political 149
parties for election to offices, and for the purpose of electing 150
persons as members of the controlling committees of political 151
parties and as delegates and alternates to the conventions of 152
political parties. Primary elections shall be held on the first 153
Tuesday after the first Monday in May of each year except in years 154
in which a presidential primary election is held.155

       (2) "Presidential primary election" means a primary election 156
as defined by division (E)(1) of this section at which an election 157
is held for the purpose of choosing delegates and alternates to 158
the national conventions of the major political parties pursuant 159
to section 3513.12 of the Revised Code. Unless otherwise 160
specified, presidential primary elections are included in 161
references to primary elections. In years in which a presidential 162
primary election is held, all primary elections shall be held on 163
the first Tuesday after the first Monday in March except as 164
otherwise authorized by a municipal or county charter.165

       (F) "Political party" means any group of voters meeting the 166
requirements set forth in section 3517.01 of the Revised Code for 167
the formation and existence of a political party.168

       (1) "Major political party" means any political party 169
organized under the laws of this state whose candidate for 170
governor or nominees for presidential electors received no less 171
than twenty per cent of the total vote cast for such office at the 172
most recent regular state election.173

       (2) "Intermediate political party" means any political party 174
organized under the laws of this state whose candidate for 175
governor or nominees for presidential electors received less than 176
twenty per cent but not less than ten per cent of the total vote 177
cast for such office at the most recent regular state election.178

       (3) "Minor political party" means any political party 179
organized under the laws of this state whose candidate for 180
governor or nominees for presidential electors received less than 181
ten per cent but not less than five per cent of the total vote 182
cast for such office at the most recent regular state election or 183
which has filed with the secretary of state, subsequent to any 184
election in which it received less than five per cent of such 185
vote, a petition signed by qualified electors equal in number to 186
at least one per cent of the total vote cast for such office in 187
the last preceding regular state election, except that a newly 188
formed political party shall be known as a minor political party 189
until the time of the first election for governor or president 190
which occurs not less than twelve months subsequent to the 191
formation of such party, after which election the status of such 192
party shall be determined by the vote for the office of governor 193
or president.194

       (G) "Dominant party in a precinct" or "dominant political 195
party in a precinct" means that political party whose candidate 196
for election to the office of governor at the most recent regular 197
state election at which a governor was elected received more votes 198
than any other person received for election to that office in such 199
precinct at such election.200

       (H) "Candidate" means any qualified person certified in 201
accordance with the provisions of the Revised Code for placement 202
on the official ballot of a primary, general, or special election 203
to be held in this state, or any qualified person who claims to be 204
a write-in candidate, or who knowingly assents to being 205
represented as a write-in candidate by another at either a 206
primary, general, or special election to be held in this state.207

       (I) "Independent candidate" means any candidate who claims 208
not to be affiliated with a political party, and whose name has 209
been certified on the office-type ballot at a general or special 210
election through the filing of a statement of candidacy and 211
nominating petition, as prescribed in section 3513.257 of the 212
Revised Code.213

       (J) "Nonpartisan candidate" means any candidate whose name is 214
required, pursuant to section 3505.04 of the Revised Code, to be 215
listed on the nonpartisan ballot, including all candidates for 216
judicial office, for member of any board of education, for 217
municipal or township offices in which primary elections are not 218
held for nominating candidates by political parties, and for 219
offices of municipal corporations having charters that provide for 220
separate ballots for elections for these offices.221

       (K) "Party candidate" means any candidate who claims to be a 222
member of a political party, whose name has been certified on the 223
office-type ballot at a general or special election through the 224
filing of a declaration of candidacy and petition of candidate, 225
and who has won the primary election of the candidate's party for 226
the public office the candidate seeks or is selected by party 227
committee in accordance with section 3513.31 of the Revised Code.228

       (L) "Officer of a political party" includes, but is not 229
limited to, any member, elected or appointed, of a controlling 230
committee, whether representing the territory of the state, a 231
district therein, a county, township, a city, a ward, a precinct, 232
or other territory, of a major, intermediate, or minor political 233
party.234

       (M) "Question or issue" means any question or issue certified 235
in accordance with the Revised Code for placement on an official 236
ballot at a general or special election to be held in this state.237

       (N) "Elector" or "qualified elector" means a person having 238
the qualifications provided by law to be entitled to vote.239

       (O) "Voter" means an elector who votes at an election.240

       (P) "Voting residence" means that place of residence of an 241
elector which shall determine the precinct in which the elector 242
may vote.243

       (Q) "Precinct" means a district within a county established 244
by the board of elections of such county within which all 245
qualified electors having a voting residence therein may vote at 246
the same polling place.247

       (R) "Polling place" means that place provided for each 248
precinct at which the electors having a voting residence in such 249
precinct may vote.250

       (S) "Board" or "board of elections" means the board of 251
elections appointed in a county pursuant to section 3501.06 of the 252
Revised Code.253

       (T) "Political subdivision" means a county, township, city, 254
village, or school district.255

       (U) "Election officer" or "election official" means any of 256
the following:257

       (1) Secretary of state;258

       (2) Employees of the secretary of state serving the division 259
of elections in the capacity of attorney, administrative officer, 260
administrative assistant, elections administrator, office manager, 261
or clerical supervisor;262

       (3) Director of a board of elections;263

       (4) Deputy director of a board of elections;264

       (5) Member of a board of elections;265

       (6) Employees of a board of elections;266

       (7) Precinct polling place judges;267

       (8) Employees appointed by the boards of elections on a 268
temporary or part-time basis.269

       (V) "Acknowledgment notice" means a notice sent by a board of 270
elections, on a form prescribed by the secretary of state, 271
informing a voter registration applicant or an applicant who 272
wishes to change the applicant's residence or name of the status 273
of the application; the information necessary to complete or 274
update the application, if any; and if the application is 275
complete, the precinct in which the applicant is to vote.276

       (W) "Confirmation notice" means a notice sent by a board of 277
elections, on a form prescribed by the secretary of state, to a 278
registered elector to confirm the registered elector's current 279
address.280

       (X) "Designated agency" means an office or agency in the 281
state that provides public assistance or that provides 282
state-funded programs primarily engaged in providing services to 283
persons with disabilities and that is required by the National 284
Voter Registration Act of 1993 to implement a program designed and 285
administered by the secretary of state for registering voters, or 286
any other public or government office or agency that implements a 287
program designed and administered by the secretary of state for 288
registering voters, including the department of job and family 289
services, the program administered under section 3701.132 of the 290
Revised Code by the department of health, the department of mental 291
health, the department of developmental disabilities, the 292
rehabilitation services commission, and any other agency the 293
secretary of state designates. "Designated agency" does not 294
include public high schools and vocational schools, public 295
libraries, or the office of a county treasurer.296

       (Y) "National Voter Registration Act of 1993" means the 297
"National Voter Registration Act of 1993," 107 Stat. 77, 42 298
U.S.C.A. 1973gg.299

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 300
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.301

       (AA) "Photo identification" means a document that meets each 302
of the following requirements:303

        (1) It shows the name of the individual to whom it was 304
issued, which shall conform to the name in the poll list or 305
signature pollbook.306

       (2) It shows the current address of the individual to whom it 307
was issued, which shall conform to the address in the poll list or 308
signature pollbook, except for a driver's license or a state 309
identification card issued under section 4507.50 of the Revised 310
Code, which may show either the current or former address of the 311
individual to whom it was issued, regardless of whether that 312
address conforms to the address in the poll list or signature 313
pollbook.314

        (3) It shows a photograph of the individual to whom it was 315
issued.316

       (4) It includes an expiration date that has not passed.317

       (5) It was issued by the government of the United States or 318
this state. 319

       Sec. 3501.05.  The secretary of state shall do all of the 320
following:321

       (A) Appoint all members of boards of elections;322

       (B) Issue instructions by directives and advisories in 323
accordance with section 3501.053 of the Revised Code to members of 324
the boards as to the proper methods of conducting elections. 325

       (C) Prepare rules and instructions for the conduct of 326
elections;327

       (D) Publish and furnish to the boards from time to time a 328
sufficient number of indexed copies of all election laws then in 329
force;330

       (E) Edit and issue all pamphlets concerning proposed laws or 331
amendments required by law to be submitted to the voters;332

       (F) Prescribe the form of registration cards, blanks, and 333
records;334

       (G) Determine and prescribe the forms of ballots and the 335
forms of all blanks, cards of instructions, pollbooks, tally 336
sheets, certificates of election, and forms and blanks required by 337
law for use by candidates, committees, and boards;338

       (H) Prepare the ballot title or statement to be placed on the 339
ballot for any proposed law or amendment to the constitution to be 340
submitted to the voters of the state;341

       (I) Except as otherwise provided in section 3519.08 of the 342
Revised Code, certify to the several boards the forms of ballots 343
and names of candidates for state offices, and the form and 344
wording of state referendum questions and issues, as they shall 345
appear on the ballot;346

       (J) Except as otherwise provided in division (I)(2)(b) of 347
section 3501.38 of the Revised Code, give final approval to ballot 348
language for any local question or issue approved and transmitted 349
by boards of elections under section 3501.11 of the Revised Code;350

       (K) Receive all initiative and referendum petitions on state 351
questions and issues and determine and certify to the sufficiency 352
of those petitions;353

       (L) Require such reports from the several boards as are 354
provided by law, or as the secretary of state considers necessary;355

       (M) Compel the observance by election officers in the several 356
counties of the requirements of the election laws;357

       (N)(1) Except as otherwise provided in division (N)(2) of 358
this section, investigate the administration of election laws, 359
frauds, and irregularities in elections in any county, and report 360
violations of election laws to the attorney general or prosecuting 361
attorney, or both, for prosecution;362

       (2) On and after August 24, 1995, report a failure to comply 363
with or a violation of a provision in sections 3517.08 to 3517.13, 364
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 365
Revised Code, whenever the secretary of state has or should have 366
knowledge of a failure to comply with or a violation of a 367
provision in one of those sections, by filing a complaint with the 368
Ohio elections commission under section 3517.153 of the Revised 369
Code;.370

       (O) Make an annual report to the governor containing the 371
results of elections, the cost of elections in the various 372
counties, a tabulation of the votes in the several political 373
subdivisions, and other information and recommendations relative 374
to elections the secretary of state considers desirable;375

       (P) Prescribe and distribute to boards of elections a list of 376
instructions indicating all legal steps necessary to petition 377
successfully for local option elections under sections 4301.32 to 378
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;379

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 380
for the removal by boards of elections of ineligible voters from 381
the statewide voter registration database and, if applicable, from 382
the poll list or signature pollbook used in each precinct, which 383
rules shall provide for all of the following:384

       (1) A process for the removal of voters who have changed 385
residence, which shall be uniform, nondiscriminatory, and in 386
compliance with the Voting Rights Act of 1965 and the National 387
Voter Registration Act of 1993, including a program that uses the 388
national change of address service provided by the United States 389
postal system through its licensees;390

        (2) A process for the removal of ineligible voters under 391
section 3503.21 of the Revised Code;392

       (3) A uniform system for marking or removing the name of a 393
voter who is ineligible to vote from the statewide voter 394
registration database and, if applicable, from the poll list or 395
signature pollbook used in each precinct and noting the reason for 396
that mark or removal.397

       (R) Prescribe a general program for registering voters or 398
updating voter registration information, such as name and 399
residence changes, by boards of elections, designated agencies, 400
offices of deputy registrars of motor vehicles, public high 401
schools and vocational schools, public libraries, and offices of 402
county treasurers consistent with the requirements of section 403
3503.09 of the Revised Code;404

       (S) Prescribe a program of distribution of voter registration 405
forms through boards of elections, designated agencies, offices of 406
the registrar and deputy registrars of motor vehicles, public high 407
schools and vocational schools, public libraries, and offices of 408
county treasurers;409

       (T) To the extent feasible, provide copies, at no cost and 410
upon request, of the voter registration form in post offices in 411
this state;412

       (U) Adopt rules pursuant to section 111.15 of the Revised 413
Code for the purpose of implementing the program for registering 414
voters through boards of elections, designated agencies, and the 415
offices of the registrar and deputy registrars of motor vehicles 416
consistent with this chapter;417

       (V) Establish the full-time position of Americans with 418
Disabilities Act coordinator within the office of the secretary of 419
state to do all of the following:420

       (1) Assist the secretary of state with ensuring that there is 421
equal access to polling places for persons with disabilities;422

       (2) Assist the secretary of state with ensuring that each 423
voter may cast the voter's ballot in a manner that provides the 424
same opportunity for access and participation, including privacy 425
and independence, as for other voters;426

       (3) Advise the secretary of state in the development of 427
standards for the certification of voting machines, marking 428
devices, and automatic tabulating equipment.429

       (W) Establish and maintain a computerized statewide database 430
of all legally registered voters under section 3503.15 of the 431
Revised Code that complies with the requirements of the "Help 432
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 433
and provide training in the operation of that system;434

       (X) Ensure that all directives, advisories, other 435
instructions, or decisions issued or made during or as a result of 436
any conference or teleconference call with a board of elections to 437
discuss the proper methods and procedures for conducting 438
elections, to answer questions regarding elections, or to discuss 439
the interpretation of directives, advisories, or other 440
instructions issued by the secretary of state are posted on a web 441
site of the office of the secretary of state as soon as is 442
practicable after the completion of the conference or 443
teleconference call, but not later than the close of business on 444
the same day as the conference or teleconference call takes place.445

       (Y) Publish a report on a web site of the office of the 446
secretary of state not later than one month after the completion 447
of the canvass of the election returns for each primary and 448
general election, identifying, by county, the number of absent 449
voter's ballots cast and the number of those ballots that were 450
counted, and the number of provisional ballots cast and the number 451
of those ballots that were counted, for that election. The 452
secretary of state shall maintain the information on the web site 453
in an archive format for each subsequent election.454

       (Z) Conduct voter education outlining voter identification, 455
absent voters ballot, provisional ballot, and other voting 456
requirements;457

       (AA) Establish a procedure by which a registered elector may 458
make available to a board of elections a more recent signature to 459
be used in the poll list or signature pollbook produced by the 460
board of elections of the county in which the elector resides;461

       (BB) Disseminate information, which may include all or part 462
of the official explanations and arguments, by means of direct 463
mail or other written publication, broadcast, or other means or 464
combination of means, as directed by the Ohio ballot board under 465
division (F) of section 3505.062 of the Revised Code, in order to 466
inform the voters as fully as possible concerning each proposed 467
constitutional amendment, proposed law, or referendum;468

       (CC) Be the single state office responsible for the 469
implementation of the "Uniformed and Overseas Citizens Absentee 470
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 471
et seq., as amended, in this state. The secretary of state may 472
delegate to the boards of elections responsibilities for the 473
implementation of that act, including responsibilities arising 474
from amendments to that act made by the "Military and Overseas 475
Voter Empowerment Act," Subtitle H of the National Defense 476
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 477
Stat. 3190.478

       (DD) Perform other duties required by law.479

       Whenever a primary election is held under section 3513.32 of 480
the Revised Code or a special election is held under section 481
3521.03 of the Revised Code to fill a vacancy in the office of 482
representative to congress, the secretary of state shall establish 483
a deadline, notwithstanding any other deadline required under the 484
Revised Code, by which any or all of the following shall occur: 485
the filing of a declaration of candidacy and petitions or a 486
statement of candidacy and nominating petition together with the 487
applicable filing fee; the filing of protests against the 488
candidacy of any person filing a declaration of candidacy or 489
nominating petition; the filing of a declaration of intent to be a 490
write-in candidate; the filing of campaign finance reports; the 491
preparation of, and the making of corrections or challenges to, 492
precinct voter registration lists; the receipt of applications for 493
absent voter's ballots or armed serviceuniformed services or 494
overseas absent voter's ballots; the supplying of election 495
materials to precincts by boards of elections; the holding of 496
hearings by boards of elections to consider challenges to the 497
right of a person to appear on a voter registration list; and the 498
scheduling of programs to instruct or reinstruct election 499
officers.500

       In the performance of the secretary of state's duties as the 501
chief election officer, the secretary of state may administer 502
oaths, issue subpoenas, summon witnesses, compel the production of 503
books, papers, records, and other evidence, and fix the time and 504
place for hearing any matters relating to the administration and 505
enforcement of the election laws.506

       In any controversy involving or arising out of the adoption 507
of registration or the appropriation of funds for registration, 508
the secretary of state may, through the attorney general, bring an 509
action in the name of the state in the court of common pleas of 510
the county where the cause of action arose or in an adjoining 511
county, to adjudicate the question.512

       In any action involving the laws in Title XXXV of the Revised 513
Code wherein the interpretation of those laws is in issue in such 514
a manner that the result of the action will affect the lawful 515
duties of the secretary of state or of any board of elections, the 516
secretary of state may, on the secretary of state's motion, be 517
made a party.518

       The secretary of state may apply to any court that is hearing 519
a case in which the secretary of state is a party, for a change of 520
venue as a substantive right, and the change of venue shall be 521
allowed, and the case removed to the court of common pleas of an 522
adjoining county named in the application or, if there are cases 523
pending in more than one jurisdiction that involve the same or 524
similar issues, the court of common pleas of Franklin county.525

       Public high schools and vocational schools, public libraries, 526
and the office of a county treasurer shall implement voter 527
registration programs as directed by the secretary of state 528
pursuant to this section.529

       Sec. 3501.10.  (A) The board of elections shall, as an 530
expense of the board, provide suitable rooms for its offices and 531
records and the necessary and proper furniture and supplies for 532
those rooms. The board may lease such offices and rooms, necessary 533
to its operation, for the length of time and upon the terms the 534
board deems in the best interests of the public, provided that the 535
term of any such lease shall not exceed fifteen years.536

       Thirty days prior to entering into such a lease, the board 537
shall notify the board of county commissioners in writing of its 538
intent to enter into the lease. The notice shall specify the terms 539
and conditions of the lease. Prior to the thirtieth day after 540
receiving that notice and before any lease is entered into, the 541
board of county commissioners may reject the proposed lease by a 542
majority vote. After receiving written notification of the 543
rejection by the board of county commissioners, the board of 544
elections shall not enter into the lease that was rejected, but 545
may immediately enter into additional lease negotiations, subject 546
to the requirements of this section.547

       The board of elections in any county may, by resolution, 548
request that the board of county commissioners submit to the 549
electors of the county, in accordance with section 133.18 of the 550
Revised Code, the question of issuing bonds for the acquisition of 551
real estate and the construction on it of a suitable building with 552
necessary furniture and equipment for the proper administration of 553
the duties of the board of elections. The resolution declaring the 554
necessity for issuing such bonds shall relate only to the 555
acquisition of real estate and to the construction, furnishing, 556
and equipping of a building as provided in this division.557

       (B) The board of elections in each county shall keep its 558
offices, or one or more of its branch registration offices, open 559
for the performance of its duties until nine p.m. on the last day 560
of registration before a general or primary election. At all other 561
times during each week, the board shall keep its offices and rooms 562
open for a period of time that the board considers necessary for 563
the performance of its duties.564

       (C) The board of elections may maintain permanent or 565
temporary branch offices at any place within the county, provided 566
that, if the board of elections permitsshall not permit electors 567
to vote at a branch office, electors shall not be permitted to 568
vote at any other branch office or any other office of the board 569
of elections.570

       Sec. 3501.40. In any administrative review of, or legal 571
proceeding regarding, the actions of any election official under 572
Title XXXV of the Revised Code, all of the following shall apply:573

       (A) No election official shall be presumed to have committed 574
any error in the course of the election official's duties, unless 575
that error shall be independently proven by the facts of the 576
administrative review or legal proceeding.577

        (B) If an election official has been found to have committed 578
an error with respect to a particular person or set of 579
circumstances, that election official shall not be presumed to 580
have committed an error with respect to any other person or set of 581
circumstances.582

        (C) If election officials in one precinct, polling location, 583
or county are found to have committed an error with respect to a 584
particular person or set of circumstances, that error shall not be 585
presumed to have occurred in any other precinct, polling location, 586
or county. 587

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 588
form and content of the registration, change of residence, and 589
change of name forms used in this state. The forms shall meet the 590
requirements of the National Voter Registration Act of 1993 and 591
shall include spaces for all of the following:592

       (1) The voter's name;593

       (2) The voter's address;594

       (3) The current date;595

       (4) The voter's date of birth;596

       (5) The voter to provide one or more of the following:597

       (a) The voter's driver's license number, if any;598

       (b) The last four digits of the voter's social security 599
number, if any;600

       (c) A copy of a current and valid photo identification, a 601
copy of a military identification, or a copy of a current utility 602
bill, bank statement, government check, paycheck, or other 603
government document, other than a notice of an election mailed by 604
a board of elections under section 3501.19 of the Revised Code or605
a notice of voter registration mailed by a board of elections 606
under section 3503.19 of the Revised Code, that shows the voter's 607
name and address.608

       (6) The voter's signature.609

       The registration form shall include a space on which the 610
person registering an applicant shall sign the person's name and 611
provide the person's address and a space on which the person 612
registering an applicant shall name the employer who is employing 613
that person to register the applicant.614

       Except for forms prescribed by the secretary of state under 615
section 3503.11 of the Revised Code, the secretary of state shall 616
permit boards of elections to produce forms that have subdivided 617
spaces for each individual alphanumeric character of the 618
information provided by the voter so as to accommodate the 619
electronic reading and conversion of the voter's information to 620
data and the subsequent electronic transfer of that data to the 621
statewide voter registration database established under section 622
3503.15 of the Revised Code.623

        (B) None of the following persons who are registering an 624
applicant in the course of that official's or employee's normal 625
duties shall sign the person's name, provide the person's address, 626
or name the employer who is employing the person to register an 627
applicant on a form prepared under this section:628

       (1) An election official;629

       (2) A county treasurer;630

       (3) A deputy registrar of motor vehicles;631

       (4) An employee of a designated agency;632

       (5) An employee of a public high school;633

       (6) An employee of a public vocational school;634

       (7) An employee of a public library;635

       (8) An employee of the office of a county treasurer;636

       (9) An employee of the bureau of motor vehicles;637

       (10) An employee of a deputy registrar of motor vehicles;638

       (11) An employee of an election official.639

        (C) Except as provided in section 3501.382 of the Revised 640
Code, any applicant who is unable to sign the applicant's own name 641
shall make an "X," if possible, which shall be certified by the 642
signing of the name of the applicant by the person filling out the 643
form, who shall add the person's own signature. If an applicant is 644
unable to make an "X," the applicant shall indicate in some manner 645
that the applicant desires to register to vote or to change the 646
applicant's name or residence. The person registering the 647
applicant shall sign the form and attest that the applicant 648
indicated that the applicant desired to register to vote or to 649
change the applicant's name or residence.650

       (D) No registration, change of residence, or change of name 651
form shall be rejected solely on the basis that a person 652
registering an applicant failed to sign the person's name or 653
failed to name the employer who is employing that person to 654
register the applicant as required under division (A) of this 655
section.656

       (E) As used in this section, "registering an applicant" 657
includes any effort, for compensation, to provide voter 658
registration forms or to assist persons in completing or returning 659
those forms.660

       Sec. 3503.15.  (A)(1) The secretary of state shall establish 661
and maintain a statewide voter registration database that shall be 662
administered by the office of the secretary of state and made663
continuously available to each board of elections and to other 664
agencies as authorized by law.665

       (2) State agencies, including, but not limited to, the 666
department of health, bureau of motor vehicles, department of job 667
and family services, and the department of rehabilitation and 668
corrections, shall provide any information and data to the 669
secretary of state that the secretary of state considers necessary 670
in order to maintain the statewide voter registration database 671
established pursuant to this section. The secretary of state shall 672
ensure that any information or data provided to the secretary of 673
state that is confidential in the possession of the entity 674
providing the data remains confidential while in the possession of 675
the secretary of state. 676

       Information provided under this division for maintenance of 677
the statewide voter registration database shall not be used to 678
update the name or address of a registered elector. The name or 679
address of a registered elector shall only be updated as a result 680
of the elector's actions in filing a notice of change of name, 681
change of address, or both.682

       (3) The secretary of state may enter into agreements to share 683
information or data with other states or groups of states, as the 684
secretary of state considers necessary, in order to maintain the 685
statewide voter registration database established pursuant to this 686
section. Except as otherwise provided in this division, the 687
secretary of state shall ensure that any information or data 688
provided to the secretary of state that is confidential in the 689
possession of the state providing the data remains confidential 690
while in the possession of the secretary of state. The secretary 691
of state may provide such otherwise confidential information or 692
data to persons or organizations that are engaging in legitimate 693
governmental purposes related to the maintenance of the statewide 694
voter registration database. 695

       (B) The statewide voter registration database established 696
under this section shall be the official list of registered voters 697
for all elections conducted in this state.698

       (C) The statewide voter registration database established 699
under this section shall, at a minimum, include all of the 700
following:701

       (1) An electronic network that connects all board of 702
elections offices with the office of the secretary of state and 703
with the offices of all other boards of elections;704

       (2) A computer program that harmonizes the records contained 705
in the database with records maintained by each board of 706
elections;707

       (3) An interactive computer program that allows access to the 708
records contained in the database by each board of elections and 709
by any persons authorized by the secretary of state to add, 710
delete, modify, or print database records, and to conduct updates 711
of the database;712

       (4) A search program capable of verifying registered voters 713
and their registration information by name, driver's license 714
number, birth date, social security number, or current address;715

       (5) Safeguards and components to ensure that the integrity, 716
security, and confidentiality of the voter registration 717
information is maintained.718

       (D) The secretary of state shall adopt rules pursuant to 719
Chapter 119. of the Revised Code doing all of the following:720

       (1) Specifying the manner in which existing voter 721
registration records maintained by boards of elections shall be 722
converted to electronic files for inclusion in the statewide voter 723
registration database;724

       (2) Establishing a uniform method for entering voter 725
registration records into the statewide voter registration 726
database on an expedited basis, but not less than once per day, if 727
new registration information is received;728

       (3) Establishing a uniform method for purging canceled voter 729
registration records from the statewide voter registration 730
database in accordance with section 3503.21 of the Revised Code;731

       (4) Specifying the persons authorized to add, delete, modify, 732
or print records contained in the statewide voter registration 733
database and to make updates of that database;734

       (5) Establishing a process for annually auditing the 735
information contained in the statewide voter registration 736
database;737

       (6) Establishing a uniform method for addressing instances in 738
which records contained in the statewide voter registration 739
database do not conform with records maintained by the bureau of 740
motor vehicles.741

       (E) A board of elections promptly shall purge a voter's name 742
and voter registration information shall be purged from the 743
statewide voter registration database in accordance with the rules 744
adopted by the secretary of state under division (D)(3) of this 745
section after the cancellation of a voter's registration under 746
section 3503.21 of the Revised Code.747

       (F) The secretary of state shall provide training in the 748
operation of the statewide voter registration database to each 749
board of elections and to any persons authorized by the secretary 750
of state to add, delete, modify, or print database records, and to 751
conduct updates of the database.752

       (G)(1) The statewide voter registration database established 753
under this section shall be made available on a web site of the 754
office of the secretary of state as follows:755

       (a) Except as otherwise provided in division (G)(1)(b) of 756
this section, only the following information from the statewide 757
voter registration database regarding a registered voter shall be 758
made available on the web site:759

       (i) The voter's name;760

       (ii) The voter's address;761

       (iii) The voter's precinct number;762

       (iv) The voter's voting history.763

       (b) During the thirty days before the day of a primary or 764
general election, the web site interface of the statewide voter 765
registration database shall permit a voter to search for the 766
polling location at which that voter may cast a ballot. 767

       (2) The secretary of state shall establish, by rule adopted 768
under Chapter 119. of the Revised Code, a process for boards of 769
elections to notify the secretary of state of changes in the 770
locations of precinct polling places for the purpose of updating 771
the information made available on the secretary of state's web 772
site under division (G)(1)(b) of this section. Those rules shall 773
require a board of elections, during the thirty days before the 774
day of a primary or general election, to notify the secretary of 775
state within one business day of any change to the location of a 776
precinct polling place within the county.777

       (3) During the thirty days before the day of a primary or 778
general election, not later than one business day after receiving 779
a notification from a county pursuant to division (G)(2) of this 780
section that the location of a precinct polling place has changed, 781
the secretary of state shall update that information on the 782
secretary of state's web site for the purpose of division 783
(G)(1)(b) of this section.784

       Sec. 3503.16.  (A) Whenever a registered elector changes the 785
place of residence of that registered elector from one precinct to 786
another within a county or from one county to another, or has a 787
change of name, that registered elector shall report the change by 788
delivering a change of residence or change of name form, whichever 789
is appropriate, as prescribed by the secretary of state under 790
section 3503.14 of the Revised Code to the state or local office 791
of a designated agency, a public high school or vocational school, 792
a public library, the office of the county treasurer, the office 793
of the secretary of state, any office of the registrar or deputy 794
registrar of motor vehicles, or any office of a board of elections 795
in person or by a third person. Any voter registration, change of 796
address, or change of name application, returned by mail, may be 797
sent only to the secretary of state or the board of elections.798

       A registered elector also may update the registration of that 799
registered elector by filing a change of residence or change of 800
name form on the day of a special, primary, or general election at 801
the polling place in the precinct in which that registered elector 802
resides or at the board of elections or at another site designated 803
by the board.804

       (B)(1)(a) Any registered elector who moves within a precinct 805
on or prior to the day of a general, primary, or special election 806
and has not filed a notice of change of residence with the board 807
of elections may vote in that election by going to that registered 808
elector's assigned polling place in the precinct in which the 809
registered elector resides, completing and signing a notice of 810
change of residence, showing identification in the form of a 811
current and valid photo identification, a military identification, 812
or a copy of a current utility bill, bank statement, government 813
check, paycheck, or other government document, other than a notice 814
of an election mailed by a board of elections under section 815
3501.19 of the Revised Code or a notice of voter registration 816
mailed by a board of elections under section 3503.19 of the 817
Revised Code, that shows the name and current address of the 818
elector, and casting a ballot. If the elector provides either a 819
driver's license or a state identification card issued under 820
section 4507.50 of the Revised Code that does not contain the 821
elector's current residence address, the elector shall provide the 822
last four digits of the elector's driver's license number or state 823
identification card number, and the precinct election official 824
shall mark the poll list or signature pollbook to indicate that 825
the elector has provided a driver's license or state 826
identification card number with a former address and record the 827
last four digits of the elector's driver's license number or state 828
identification card number.829

       (b) Any registered elector who changes the name of that 830
registered elector and remains within a precinct on or prior to 831
the day of a general, primary, or special election and has not 832
filed a notice of change of name with the board of elections may 833
vote in that election by going to that registered elector's 834
assigned polling place in the precinct in which the registered 835
elector resides, completing and signing a notice of a change of 836
name, showing the identification required by division (B)(1)(a) of 837
this section, and casting a provisional ballot under section 838
3505.181 of the Revised Code.839

       (2) Any registered elector who moves from one precinct to 840
another within a county or moves from one precinct to another and 841
changes the name of that registered elector on or prior to the day 842
of a general, primary, or special election and has not filed a 843
notice of change of residence or change of name, whichever is 844
appropriate, with the board of elections may vote in that election 845
if that registered elector complies with division (G) of this 846
section or does all of the following:847

       (a) Appears at anytime during regular business hours on or 848
after the twenty-eighth day prior to the election in which that 849
registered elector wishes to vote or, if the election is held on 850
the day of a presidential primary election, the twenty-fifth day 851
prior to the election, through noon of the Saturday prior to the 852
electionthe time that absent voter's ballots may be cast in 853
person at the office of the board of elections, appears at any 854
time during regular business hours on the Monday prior to the 855
election at the office of the board of elections, or appears on 856
the day of the election at either of the following locations:857

       (i) The polling place in the precinct in which that 858
registered elector resides;859

       (ii) The office of the board of elections or, if pursuant to 860
division (C) of section 3501.10 of the Revised Code the board has 861
designated another location in the county at which registered 862
electors may vote, at that other location instead of the office of 863
the board of elections.864

       (b) Completes and signs, under penalty of election 865
falsification, a notice of change of residence or change of name, 866
whichever is appropriate, and files it with election officials at 867
the polling place,or at the office of the board of elections, or, 868
if pursuant to division (C) of section 3501.10 of the Revised Code 869
the board has designated another location in the county at which 870
registered electors may vote, at that other location instead of 871
the office of the board of elections, whichever is appropriate;872

       (c) Votes a provisional ballot under section 3505.181 of the 873
Revised Code at the polling place,in the precinct in which the 874
registered elector resides or at the office of the board of 875
elections, or, if pursuant to division (C) of section 3501.10 of 876
the Revised Code the board has designated another location in the 877
county at which registered electors may vote, at that other 878
location instead of the office of the board of elections,879
whichever is appropriate, using the address to which that 880
registered elector has moved or the name of that registered 881
elector as changed, whichever is appropriate;882

       (d) Completes and signs, under penalty of election 883
falsification, a statement attesting that that registered elector 884
moved or had a change of name, whichever is appropriate, on or 885
prior to the day of the election, has voted a provisional ballot 886
at the polling place in the precinct in which that registered 887
elector resides,or at the office of the board of elections, or, 888
if pursuant to division (C) of section 3501.10 of the Revised Code 889
the board has designated another location in the county at which 890
registered electors may vote, at that other location instead of 891
the office of the board of elections, whichever is appropriate, 892
and will not vote or attempt to vote at any other location for 893
that particular election. The statement required under division 894
(B)(2)(d) of this section shall be included on the notice of 895
change of residence or change of name, whichever is appropriate, 896
required under division (B)(2)(b) of this section.897

       (C) Any registered elector who moves from one county to 898
another county within the state or moves from one county to 899
another and changes the name of that registered elector on or 900
prior to the day of a general, primary, or special election and 901
has not registered to vote in the county to which that registered 902
elector moved may vote in that election if that registered elector 903
complies with division (G) of this section or does all of the 904
following:905

       (1) Appears at any time during regular business hours on or 906
after the twenty-eighth day prior to the election in which that 907
registered elector wishes to vote or, if the election is held on 908
the day of a presidential primary election, the twenty-fifth day 909
prior to the election, through noon of the Saturday prior to the 910
electionthe time that absent voter's ballots may be cast in 911
person at the office of the board of elections or, if pursuant to 912
division (C) of section 3501.10 of the Revised Code the board has 913
designated another location in the county at which registered 914
electors may vote, at that other location instead of the office of 915
the board of elections, appears during regular business hours on 916
the Monday prior to the election at the office of the board of 917
elections or, if pursuant to division (C) of section 3501.10 of 918
the Revised Code the board has designated another location in the 919
county at which registered electors may vote, at that other 920
location instead of the office of the board of elections, or 921
appears on the day of the election at theeither of the following 922
locations:923

       (a) The polling place in the precinct in which that elector 924
resides;925

       (b) The office of the board of elections or, if pursuant to 926
division (C) of section 3501.10 of the Revised Code the board has 927
designated another location in the county at which registered 928
electors may vote, at that other location instead of the office of 929
the board of elections;930

       (2) Completes and signs, under penalty of election 931
falsification, a notice of change of residence or change of name, 932
whichever is appropriate, and files it with election officials at 933
the board of elections or, if pursuant to division (C) of section 934
3501.10 of the Revised Code the board has designated another 935
location in the county at which registered electors may vote, at 936
that other location instead of the office of the board of 937
elections;938

       (3) Votes a provisional ballot under section 3505.181 of the 939
Revised Code at the polling place in which the registered elector 940
resides or at the office of the board of elections or, if pursuant 941
to division (C) of section 3501.10 of the Revised Code the board 942
has designated another location in the county at which registered 943
electors may vote, at that other location instead of the office of 944
the board of elections, using the address to which that registered 945
elector has moved or the name of that registered elector as 946
changed, whichever is appropriate;947

       (4) Completes and signs, under penalty of election 948
falsification, a statement attesting that that registered elector 949
has moved from one county to another county within the state or 950
moved from one county to another and changed the elector's name, 951
whichever is appropriate, on or prior to the day of the election, 952
has voted at the office of the board of elections or, if pursuant 953
to division (C) of section 3501.10 of the Revised Code the board 954
has designated another location in the county at which registered 955
electors may vote, at that other location instead of the office of 956
the board of elections, and will not vote or attempt to vote at 957
any other location for that particular election. The statement 958
required under division (C)(4) of this section shall be included 959
on the notice of change of residence required under division 960
(C)(2) of this section.961

       (D) A person who votes by absent voter's ballots pursuant to 962
division (G) of this section shall not make written application 963
for the ballots pursuant to Chapter 3509. of the Revised Code. 964
Ballots cast pursuant to division (G) of this section shall be set 965
aside in a special envelope and counted during the official 966
canvass of votes in the manner provided for in sections 3505.32 967
and 3509.06 of the Revised Code insofar as that manner is 968
applicable. The board shall examine the pollbooks to verify that 969
no ballot was cast at the polls or by absent voter's ballots under 970
Chapter 3509. or 3511. of the Revised Code by an elector who has 971
voted by absent voter's ballots pursuant to division (G) of this 972
section. Any ballot determined to be insufficient for any of the 973
reasons stated above or stated in section 3509.07 of the Revised 974
Code shall not be counted.975

       Subject to division (C) of section 3501.10 of the Revised 976
Code, a board of elections may lease or otherwise acquire a site 977
different from the office of the board at which registered 978
electors may vote pursuant to division (B) or (C) of this section.979

       (E) Upon receiving a change of residence or change of name 980
form, the board of elections shall immediately send the registrant 981
an acknowledgment notice. If the change of residence or change of 982
name form is valid, the board shall update the voter's 983
registration as appropriate. If that form is incomplete, the board 984
shall inform the registrant in the acknowledgment notice specified 985
in this division of the information necessary to complete or 986
update that registrant's registration.987

       (F) Change of residence and change of name forms shall be 988
available at each polling place, and when these forms are 989
completed, noting changes of residence or name, as appropriate, 990
they shall be filed with election officials at the polling place. 991
Election officials shall return completed forms, together with the 992
pollbooks and tally sheets, to the board of elections.993

       The board of elections shall provide change of residence and 994
change of name forms to the probate court and court of common 995
pleas. The court shall provide the forms to any person eighteen 996
years of age or older who has a change of name by order of the 997
court or who applies for a marriage license. The court shall 998
forward all completed forms to the board of elections within five 999
days after receiving them.1000

       (G) A registered elector who otherwise would qualify to vote 1001
under division (B) or (C) of this section but is unable to appear 1002
at the office of the board of elections or, if pursuant to 1003
division (C) of section 3501.10 of the Revised Code the board has 1004
designated another location in the county at which registered 1005
electors may vote, at that other location, on account of personal 1006
illness, physical disability, or infirmity, may vote on the day of 1007
the election if that registered elector does all of the following:1008

       (1) Makes a written application that includes all of the 1009
information required under section 3509.03 of the Revised Code to 1010
the appropriate board for an absent voter's ballot on or after the 1011
twenty-seventhtwenty-first day prior to the election in which the 1012
registered elector wishes to vote through noon of the Saturday 1013
prior to that election and requests that the absent voter's ballot 1014
be sent to the address to which the registered elector has moved 1015
if the registered elector has moved, or to the address of that 1016
registered elector who has not moved but has had a change of name;1017

       (2) Declares that the registered elector has moved or had a 1018
change of name, whichever is appropriate, and otherwise is 1019
qualified to vote under the circumstances described in division 1020
(B) or (C) of this section, whichever is appropriate, but that the 1021
registered elector is unable to appear at the board of elections 1022
because of personal illness, physical disability, or infirmity;1023

       (3) Completes and returns along with the completed absent 1024
voter's ballot a notice of change of residence indicating the 1025
address to which the registered elector has moved, or a notice of 1026
change of name, whichever is appropriate;1027

       (4) Completes and signs, under penalty of election 1028
falsification, a statement attesting that the registered elector 1029
has moved or had a change of name on or prior to the day before 1030
the election, has voted by absent voter's ballot because of 1031
personal illness, physical disability, or infirmity that prevented 1032
the registered elector from appearing at the board of elections, 1033
and will not vote or attempt to vote at any other location or by 1034
absent voter's ballot mailed to any other location or address for 1035
that particular election.1036

       Sec. 3503.161.  The secretary of state, by rule, shall 1037
establish a secure online process to allow registered voters who 1038
have changed their place of residence to update their voter 1039
registration through the internet. The rules shall provide for all 1040
of the following:1041

       (A) A registered elector to update the elector's residential 1042
address information with the secretary of state online through the 1043
internet;1044

       (B) The elector's residential address information to be 1045
updated in the statewide voter registration database, if all of 1046
the following apply:1047

       (1) The online change of residence form contains all of the 1048
required information;1049

       (2) The elector is currently registered to vote in this 1050
state; and1051

       (3) The elector's name, new residence address, birthdate, and 1052
other information contained on the change of residence form 1053
matches the same information in the records of the bureau of motor 1054
vehicles regarding the elector.1055

       Sec. 3503.19.  (A) Persons qualified to register or to change 1056
their registration because of a change of address or change of 1057
name may register or change their registration in person at any 1058
state or local office of a designated agency, at the office of the 1059
registrar or any deputy registrar of motor vehicles, at a public 1060
high school or vocational school, at a public library, at the 1061
office of a county treasurer, or at a branch office established by 1062
the board of elections, or in person, through another person, or 1063
by mail at the office of the secretary of state or at the office 1064
of a board of elections. A registered elector may also change the 1065
elector's registration on election day at any polling place where 1066
the elector is eligible to vote, in the manner provided under 1067
section 3503.16 of the Revised Code.1068

       Any state or local office of a designated agency, the office 1069
of the registrar or any deputy registrar of motor vehicles, a 1070
public high school or vocational school, a public library, or the 1071
office of a county treasurer shall transmit any voter registration 1072
application or change of registration form that it receives to the 1073
board of elections of the county in which the state or local 1074
office is located, within five days after receiving the voter 1075
registration application or change of registration form.1076

       An otherwise valid voter registration application that is 1077
returned to the appropriate office other than by mail must be 1078
received by a state or local office of a designated agency, the 1079
office of the registrar or any deputy registrar of motor vehicles, 1080
a public high school or vocational school, a public library, the 1081
office of a county treasurer, the office of the secretary of 1082
state, or the office of a board of elections no later than the 1083
thirtieth day preceding a primary, special, or general election 1084
for the person to qualify as an elector eligible to vote at that 1085
election. An otherwise valid registration application received 1086
after that day entitles the elector to vote at all subsequent 1087
elections.1088

       Any state or local office of a designated agency, the office 1089
of the registrar or any deputy registrar of motor vehicles, a 1090
public high school or vocational school, a public library, or the 1091
office of a county treasurer shall date stamp a registration 1092
application or change of name or change of address form it 1093
receives using a date stamp that does not disclose the identity of 1094
the state or local office that receives the registration.1095

       Voter registration applications, if otherwise valid, that are 1096
returned by mail to the office of the secretary of state or to the 1097
office of a board of elections must be postmarked no later than 1098
the thirtieth day preceding a primary, special, or general 1099
election in order for the person to qualify as an elector eligible 1100
to vote at that election. If an otherwise valid voter registration 1101
application that is returned by mail does not bear a postmark or a 1102
legible postmark, the registration shall be valid for that 1103
election if received by the office of the secretary of state or 1104
the office of a board of elections no later than twenty-five days 1105
preceding any special, primary, or general election.1106

       (B)(1) Any person may apply in person, by telephone, by mail, 1107
or through another person for voter registration forms to the 1108
office of the secretary of state or the office of a board of 1109
elections. An individual who is eligible to vote as a uniformed 1110
services voter or an overseas voter in accordance with 42 U.S.C. 1111
1973ff-6 also may apply for voter registration forms by electronic 1112
means to the office of the secretary of state or to the board of 1113
elections of the county in which the person's voting residence is 1114
located pursuant to section 3503.191 of the Revised Code.1115

       (2)(a) An applicant may return the applicant's completed 1116
registration form in person or by mail to any state or local 1117
office of a designated agency, to a public high school or 1118
vocational school, to a public library, to the office of a county 1119
treasurer, to the office of the secretary of state, or to the 1120
office of a board of elections. An applicant who is eligible to 1121
vote as a uniformed services voter or an overseas voter in 1122
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 1123
completed voter registration form electronically to the office of 1124
the secretary of state or to the board of elections of the county 1125
in which the person's voting residence is located pursuant to 1126
section 3503.191 of the Revised Code.1127

       (b) Subject to division (B)(2)(c) of this section, an 1128
applicant may return the applicant's completed registration form 1129
through another person to any board of elections or the office of 1130
the secretary of state.1131

       (c) A person who receives compensation for registering a 1132
voter shall return any registration form entrusted to that person 1133
by an applicant to any board of elections or to the office of the 1134
secretary of state.1135

       (d) If a board of elections or the office of the secretary of 1136
state receives a registration form under division (B)(2)(b) or (c) 1137
of this section before the thirtieth day before an election, the 1138
board or the office of the secretary of state, as applicable, 1139
shall forward the registration to the board of elections of the 1140
county in which the applicant is seeking to register to vote 1141
within ten days after receiving the application. If a board of 1142
elections or the office of the secretary of state receives a 1143
registration form under division (B)(2)(b) or (c) of this section 1144
on or after the thirtieth day before an election, the board or the 1145
office of the secretary of state, as applicable, shall forward the 1146
registration to the board of elections of the county in which the 1147
applicant is seeking to register to vote within thirty days after 1148
that election.1149

       (C)(1) A board of elections that receives a voter 1150
registration application and is satisfied as to the truth of the 1151
statements made in the registration form shall register the 1152
applicant not later than twenty business days after receiving the 1153
application, unless that application is received during the thirty 1154
days immediately preceding the day of an election. The board shall 1155
promptly notify the applicant in writing of each of the following:1156

       (a) The applicant's registration;1157

       (b) The precinct in which the applicant is to vote;1158

       (c) In bold type as follows:1159

       "Voters must bring identification to the polls in order to 1160
verify identity. Identification may include a current and valid 1161
photo identification, a military identification, or a copy of a 1162
current utility bill, bank statement, government check, paycheck, 1163
or other government document, other than this notification or a 1164
notification of an election mailed by a board of elections, that 1165
shows the voter's name and current address. Voters who do not 1166
provide one of these documents will still be able to vote by 1167
providing the last four digits of the voter's social security 1168
number and by casting a provisional ballot. Voters who do not have 1169
any of the above forms of identification, including a social 1170
security number, will still be able to vote by signing an 1171
affirmation swearing to the voter's identity under penalty of 1172
election falsification and by casting a provisional ballot."1173

        The notification shall be by nonforwardable mail. If the mail 1174
is returned to the board, it shall investigate and cause the 1175
notification to be delivered to the correct address.1176

       (2) If, after investigating as required under division (C)(1) 1177
of this section, the board is unable to verify the voter's correct 1178
address, it shall cause the voter's name in the official 1179
registration list and in the poll list or signature pollbook to be 1180
marked to indicate that the voter's notification was returned to 1181
the board.1182

       At the first election at which a voter whose name has been so 1183
marked appears to vote, the voter shall be required to provide 1184
identification to the election officials and to vote by 1185
provisional ballot under section 3505.181 of the Revised Code. If 1186
the provisional ballot is counted pursuant to division (B)(3) of 1187
section 3505.183 of the Revised Code, the board shall correct that 1188
voter's registration, if needed, and shall remove the indication 1189
that the voter's notification was returned from that voter's name 1190
on the official registration list and on the poll list or 1191
signature pollbook. If the provisional ballot is not counted 1192
pursuant to division (B)(4)(a)(i),or (v), or (vi) of section 1193
3505.183 of the Revised Code, the voter's registration shall be 1194
canceled. The board shall notify the voter by United States mail 1195
of the cancellation.1196

       (3) If a notice of the disposition of an otherwise valid 1197
registration application is sent by nonforwardable mail and is 1198
returned undelivered, the person shall be registered as provided 1199
in division (C)(2) of this section and sent a confirmation notice 1200
by forwardable mail. If the person fails to respond to the 1201
confirmation notice, update the person's registration, or vote by 1202
provisional ballot as provided in division (C)(2) of this section 1203
in any election during the period of two federal elections 1204
subsequent to the mailing of the confirmation notice, the person's 1205
registration shall be canceled.1206

       Sec. 3505.18. (A)(1) When an elector appears in a polling 1207
place to vote, the elector shall announce to the precinct election 1208
officials the elector's full name and current address and provide 1209
proof of the elector's identity in the form of a current and valid 1210
photo identification, a military identification, or a copy of a 1211
current utility bill, bank statement, government check, paycheck, 1212
or other government document, other than a notice of an election 1213
mailed by a board of elections under section 3501.19 of the 1214
Revised Code or a notice of voter registration mailed by a board 1215
of elections under section 3503.19 of the Revised Code, that shows 1216
the name and current address of the elector. If the elector 1217
provides either a driver's license or a state identification card 1218
issued under section 4507.50 of the Revised Code that does not 1219
contain the elector's current residence address, the elector shall 1220
provide the last four digits of the elector's driver's license 1221
number or state identification card number, and the precinct 1222
election official shall mark the poll list or signature pollbook 1223
to indicate that the elector has provided a driver's license or 1224
state identification card number with a former address and record 1225
the last four digits of the elector's driver's license number or 1226
state identification card number.1227

       (2) If an elector has but is unable to provide to the 1228
precinct election officials any of the forms of identification 1229
required under division (A)(1) of this section, but has a social 1230
security number, the elector may provide the last four digits of 1231
the elector's social security number. Upon providing the social 1232
security number information, the elector may cast a provisional 1233
ballot under section 3505.181 of the Revised Code, the envelope of 1234
which ballot shall include that social security number 1235
information.1236

        (3) If an elector has but is unable to provide to the 1237
precinct election officials any of the forms of identification 1238
required under division (A)(1) of this section and if the elector 1239
has a social security number but is unable to provide the last 1240
four digits of the elector's social security number, the elector 1241
may cast a provisional ballot under section 3505.181 of the 1242
Revised Code.1243

       (4) If an elector does not have any of the forms of 1244
identification required under division (A)(1) of this section and 1245
cannot provide the last four digits of the elector's social 1246
security number because the elector does not have a social 1247
security number, the elector may execute an affirmation under 1248
penalty of election falsification that the elector cannot provide 1249
the identification required under that division or the last four 1250
digits of the elector's social security number for those reasons1251
that reason. Upon signing the affirmation, the elector may cast a 1252
provisional ballot under section 3505.181 of the Revised Code. The 1253
secretary of state shall prescribe the form of the affirmation, 1254
which shall include spaces for the elector to complete all of the 1255
following:1256

       (a) The elector's name;1257

       (b) The elector's address;1258

       (c) The current datelast four digits of the elector's social 1259
security number or the elector's Ohio driver's license number or 1260
state identification card number;1261

       (d) The elector's date of birth;1262

       (e) The elector's signature.1263

       (5)(4) If an elector does not have any of the forms of 1264
identification required under division (A)(1) of this section and 1265
cannot provide the last four digits of the elector's social 1266
security number because the elector does not have a social 1267
security number, and if the elector declines to execute an 1268
affirmation under division (A)(4)(3) of this section, the elector 1269
may cast a provisional ballot under section 3505.181 of the 1270
Revised Code, the envelope of which ballot shall include the 1271
elector's namebut the ballot will not be counted.1272

       (6) If an elector has but declines to provide to the precinct 1273
election officials any of the forms of identification required 1274
under division (A)(1) of this section or the elector has a social 1275
security number but declines to provide to the precinct election 1276
officials the last four digits of the elector's social security 1277
number, the elector may cast a provisional ballot under section 1278
3505.181 of the Revised Code.1279

       (B) After the elector has announced the elector's full name 1280
and current address and provided any of the forms of 1281
identification required under division (A)(1) of this section, the 1282
elector shall write the elector's name and addresssignature at 1283
the proper place in the poll list or signature pollbook provided 1284
for the purpose, except that if, for any reason, an elector is 1285
unable to write the elector's name and current addresssignature1286
in the poll list or signature pollbook, the elector may make the 1287
elector's mark at the place intended for the elector's name1288
signature, and a precinct election official shall write the name 1289
of the elector at the proper place on the poll list or signature 1290
pollbook following the elector's mark. The making of such a mark 1291
shall be attested by the precinct election official, who shall 1292
evidence the same by signing the precinct election official's name 1293
on the poll list or signature pollbook as a witness to the mark. 1294
Alternatively, if applicable, an attorney in fact acting pursuant 1295
to section 3501.382 of the Revised Code may sign the elector's 1296
signature in the poll list or signature pollbook in accordance 1297
with that section.1298

       The elector's signature in the poll list or signature 1299
pollbook then shall be compared with the elector's signature on 1300
the elector's registration form or a digitized signature list as 1301
provided for in section 3503.13 of the Revised Code, and if, in 1302
the opinion of a majority of the precinct election officials, the 1303
signatures are the signatures of the same person, the election 1304
officials shall enter the date of the election on the registration 1305
form or shall record the date by other means prescribed by the 1306
secretary of state. The validity of an attorney in fact's 1307
signature on behalf of an elector shall be determined in 1308
accordance with section 3501.382 of the Revised Code.1309

       If the right of the elector to vote is not then challenged, 1310
or, if being challenged, the elector establishes the elector's 1311
right to vote, the elector shall be allowed to proceed to use the 1312
voting machine. If voting machines are not being used in that 1313
precinct, the judge in charge of ballots shall then detach the 1314
next ballots to be issued to the elector from Stub B attached to 1315
each ballot, leaving Stub A attached to each ballot, hand the 1316
ballots to the elector, and call the elector's name and the stub 1317
number on each of the ballots. The judge shall enter the stub 1318
numbers opposite the signature of the elector in the pollbook. The 1319
elector shall then retire to one of the voting compartments to 1320
mark the elector's ballots. No mark shall be made on any ballot 1321
which would in any way enable any person to identify the person 1322
who voted the ballot.1323

       Sec. 3505.181.  (A) All of the following individuals shall be 1324
permitted to cast a provisional ballot at an election:1325

       (1) An individual who declares that the individual is a 1326
registered voter in the jurisdiction in which the individual 1327
desires to vote and that the individual is eligible to vote in an 1328
election, but the name of the individual does not appear on the 1329
official list of eligible voters for the polling place or an 1330
election official asserts that the individual is not eligible to 1331
vote;1332

       (2) An individual who has a social security number and 1333
provides to the election officials the last four digits of the 1334
individual's social security number as permitted by division 1335
(A)(2) of section 3505.18 of the Revised Code;1336

       (3) An individual who has but is unable to provide to the 1337
election officials any of the forms of identification required 1338
under division (A)(1) of section 3505.18 of the Revised Code and 1339
who has a social security number but is unable to provide the last 1340
four digits of the individual's social security number as 1341
permitted under division (A)(2) of that section;1342

       (4)(3) An individual who does not have any of the forms of 1343
identification required under division (A)(1) of section 3505.18 1344
of the Revised Code, who cannot provide the last four digits of 1345
the individual's social security number under division (A)(2) of 1346
that section because the individual does not have a social 1347
security number, and who has executedexecutes an affirmation as 1348
permittedunder division (A)(3) of that section or declines to 1349
execute an affirmation under division (A)(4) of that section;1350

       (5)(4) An individual whose name in the poll list or signature 1351
pollbook has been marked under section 3509.09 or 3511.13 of the 1352
Revised Code as having requested an absent voter's ballot or an 1353
armed servicea uniformed services or overseas absent voter's 1354
ballot for that election and who appears to vote at the polling 1355
place;1356

       (6)(5) An individual whose notification of registration has 1357
been returned undelivered to the board of elections and whose name 1358
in the official registration list and in the poll list or 1359
signature pollbook has been marked under division (C)(2) of 1360
section 3503.19 of the Revised Code;1361

       (7)(6) An individual who is challenged under section 3505.20 1362
of the Revised Code and the election officials determine that the 1363
person is ineligible to vote or are unable to determine the 1364
person's eligibility to vote;1365

       (8)(7) An individual whose application or challenge hearing 1366
has been postponed until after the day of the election under 1367
division (D)(1) of section 3503.24 of the Revised Code;1368

       (9)(8) An individual who changes the individual's name and 1369
remains within the precinct, moves from one precinct to another 1370
within a county, moves from one precinct to another and changes 1371
the individual's name, or moves from one county to another within 1372
the state, or moves from one county to another and changes the 1373
individual's name and completes and signs the required forms and 1374
statements under division (B) or (C) of section 3503.16 of the 1375
Revised Code;1376

       (10)(9) An individual whose signature, in the opinion of the 1377
precinct officers under section 3505.22 of the Revised Code, is 1378
not that of the person who signed that name in the registration 1379
forms;1380

       (11)(10) An individual who is challenged under section 1381
3513.20 of the Revised Code who refuses to make the statement 1382
required under that section, who a majority of the precinct 1383
officials find lacks any of the qualifications to make the 1384
individual a qualified elector, or who a majority of the precinct 1385
officials find is not affiliated with or a member of the political 1386
party whose ballot the individual desires to vote;1387

       (12) An individual who does not have any of the forms of 1388
identification required under division (A)(1) of section 3505.18 1389
of the Revised Code, who cannot provide the last four digits of 1390
the individual's social security number under division (A)(2) of 1391
that section because the person does not have a social security 1392
number, and who declines to execute an affirmation as permitted 1393
under division (A)(4) of that section;1394

       (13) An individual who has but declines to provide to the 1395
precinct election officials any of the forms of identification 1396
required under division (A)(1) of section 3501.18 of the Revised 1397
Code or who has a social security number but declines to provide 1398
to the precinct election officials the last four digits of the 1399
individual's social security number(11) An individual who is 1400
casting a ballot after the time for the closing of the polls under 1401
section 3501.32 of the Revised Code pursuant to a court order 1402
extending the time for the closing of the polls.1403

       (B) An individual who is eligible to cast a provisional 1404
ballot under division (A) of this section shall be permitted to 1405
cast a provisional ballot as follows:1406

       (1) An election official at the polling place shall notify 1407
the individual that the individual may cast a provisional ballot 1408
in that election.1409

       (2) The individual shall be permitted to cast a provisional 1410
ballot at that polling place upon the execution of a written 1411
affirmation by the individual before an election official at the 1412
polling place stating that the individual is both of the 1413
following:1414

       (a) A registered voter in the jurisdiction in which the 1415
individual desires to vote;1416

       (b) Eligible to vote in that election.1417

       If the individual declines to execute the affirmation, the 1418
election official shall not record any of the information required 1419
to be provided by the individual on the affirmation. The election 1420
official shall explain to the individual that the provisional 1421
ballot will not be counted.1422

       (3) An election official at the polling place shall transmit 1423
the ballot cast by the individual,and the voter information 1424
contained in the written affirmation executed by the individual 1425
under division (B)(2) of this section, or the individual's name if 1426
the individual declines to execute such an affirmation to an 1427
appropriate local election official for verification under 1428
division (B)(4) of this section.1429

       (4) If the appropriate local election official to whom the 1430
ballot or voter or address information is transmitted under 1431
division (B)(3) of this section determines that the individual is 1432
eligible to vote, the individual's provisional ballot shall be 1433
counted as a vote in that election.1434

       (5)(a) At the time that an individual casts a provisional 1435
ballot, the appropriate local election official shall give the 1436
individual written information that states that any individual who 1437
casts a provisional ballot will be able to ascertain under the 1438
system established under division (B)(5)(4)(b) of this section 1439
whether the vote was counted, and, if the vote was not counted, 1440
the reason that the vote was not counted.1441

       (b) The appropriate state or local election official shall 1442
establish a free access system, in the form of a toll-free 1443
telephone number, that any individual who casts a provisional 1444
ballot may access to discover whether the vote of that individual 1445
was counted, and, if the vote was not counted, the reason that the 1446
vote was not counted. The free access system established under 1447
this division also shall provide to an individual whose 1448
provisional ballot was not counted information explaining how that 1449
individual may contact the board of elections to register to vote 1450
or to resolve problems with the individual's voter registration.1451

       The appropriate state or local election official shall 1452
establish and maintain reasonable procedures necessary to protect 1453
the security, confidentiality, and integrity of personal 1454
information collected, stored, or otherwise used by the free 1455
access system established under this division. Access to 1456
information about an individual ballot shall be restricted to the 1457
individual who cast the ballot.1458

       (6) If, at the time that an individual casts a provisional 1459
ballot, the individual provides identification in the form of a 1460
current and valid photo identification, a military identification, 1461
or a copy of a current utility bill, bank statement, government 1462
check, paycheck, or other government document, other than a notice 1463
of an election mailed by a board of elections under section 1464
3501.19 of the Revised Code or a notice of voter registration 1465
mailed by a board of elections under section 3503.19 of the 1466
Revised Code, that shows the individual's name and current 1467
address, or provides the last four digits of the individual's 1468
social security number, or executes an affirmation that the 1469
elector does not have any of those forms of identification or the 1470
last four digits of the individual's social security number 1471
because the individual does not have a social security number, or 1472
declines to execute such an affirmation, the appropriate local 1473
election official shall record the type of identification 1474
provided, the social security number information, the fact that 1475
the affirmation was executed, or the fact that the individual 1476
declined to execute such an affirmation and include that 1477
information with the transmission of the ballot or voter or 1478
address information under division (B)(3) of this section. If the 1479
individual declines to execute such an affirmation, the 1480
appropriate local election official shall record the individual's 1481
name and include that information with the transmission of the 1482
ballot under division (B)(3) of this section.1483

       (7)(5) If an individual casts a provisional ballot pursuant 1484
to division (A)(3), (7), (8), (12), or (13)(7) of this section, 1485
the election official shall indicate, on the provisional ballot 1486
verification statement required under section 3505.182 of the 1487
Revised Code, that the individual is required to provide 1488
additional information to the board of elections or that an 1489
application or challenge hearing has been postponed with respect 1490
to the individual, such that additional information is required 1491
for the board of elections to determine the eligibility of the 1492
individual who cast the provisional ballot.1493

       (8) During the ten days after the day of an election, an 1494
individual who casts a provisional ballot pursuant to division 1495
(A)(3), (7), (12), or (13) of this section shall appear at the 1496
office of the board of elections and provide to the board any 1497
additional information necessary to determine the eligibility of 1498
the individual who cast the provisional ballot.1499

       (a) For a provisional ballot cast pursuant to division 1500
(A)(3), (12), or (13) of this section to be eligible to be 1501
counted, the individual who cast that ballot, within ten days 1502
after the day of the election, shall do any of the following:1503

       (i) Provide to the board of elections proof of the 1504
individual's identity in the form of a current and valid photo 1505
identification, a military identification, or a copy of a current 1506
utility bill, bank statement, government check, paycheck, or other 1507
government document, other than a notice of an election mailed by 1508
a board of elections under section 3501.19 of the Revised Code or 1509
a notice of voter registration mailed by a board of elections 1510
under section 3503.19 of the Revised Code, that shows the 1511
individual's name and current address;1512

       (ii) Provide to the board of elections the last four digits 1513
of the individual's social security number;1514

       (iii) In the case of a provisional ballot executed pursuant 1515
to division (A)(12) of this section, execute an affirmation as 1516
permitted under division (A)(4) of section 3505.18 of the Revised 1517
Code.1518

       (b) For a provisional ballot cast pursuant to division (A)(7) 1519
of this section to be eligible to be counted, the individual who 1520
cast that ballot, within ten days after the day of that election, 1521
shall provide to the board of elections any identification or 1522
other documentation required to be provided by the applicable 1523
challenge questions asked of that individual under section 3505.20 1524
of the Revised Code.1525

       (C)(1) If an individual declares that the individual is 1526
eligible to vote in a jurisdiction other than the jurisdiction in 1527
which the individual desires to vote, or if, upon review of the 1528
precinct voting location guide using the residential street 1529
address provided by the individual, an election official at the 1530
polling place at which the individual desires to vote determines 1531
that the individual is not eligible to vote in that jurisdiction,1532
the election official shall direct the individual to the polling 1533
place for the jurisdiction in which the individual appears to be 1534
eligible to vote, explain that the individual may cast a 1535
provisional ballot at the current location but the ballot will not 1536
be counted if it is cast in the wrong precinct, and provide the 1537
telephone number of the board of elections in case the individual 1538
has additional questions.1539

       (2) If theThe individual refuses tomay travel to the 1540
polling place for the correct jurisdiction or to the office of the 1541
board of elections to cast a ballot, or the individual shall be 1542
permitted to vote a provisional ballot at that jurisdiction in 1543
accordance with division (B) of this section. If any of the 1544
following apply, the provisional ballot cast by that individual 1545
shall not be opened or counted:1546

       (a) The individual is not properly registered in that 1547
jurisdiction.1548

       (b) The individual is not eligible to vote in that election 1549
in that jurisdiction.1550

       (c) The individual's eligibility to vote in that jurisdiction 1551
in that election cannot be established upon examination of the 1552
records on file with the board of elections.1553

       (D) The appropriate local election official shall cause 1554
voting information to be publicly posted at each polling place on 1555
the day of each election.1556

       (E) As used in this section and sections 3505.182 and 1557
3505.183 of the Revised Code:1558

       (1) "Jurisdiction" means the precinct in which a person is a 1559
legally qualified elector.1560

       (2) "Precinct voting location guide" means either of the 1561
following:1562

       (a) An electronic or paper record that lists the correct 1563
jurisdiction and polling place for either each specific 1564
residential street address in the county or the range of 1565
residential street addresses located in each neighborhood block in 1566
the county;1567

       (b) Any other method that a board of elections creates that 1568
allows a precinct election official or any elector who is at a 1569
polling place in that county to determine the correct jurisdiction 1570
and polling place of any qualified elector who resides in the 1571
county.1572

       (3) "Voting information" means all of the following:1573

       (a) A sample version of the ballot that will be used for that 1574
election;1575

       (b) Information regarding the date of the election and the 1576
hours during which polling places will be open;1577

       (c) Instructions on how to vote, including how to cast a vote 1578
and how to cast a provisional ballot;1579

       (d) Instructions for mail-in registrants and first-time 1580
voters under applicable federal and state laws;1581

       (e) General information on voting rights under applicable 1582
federal and state laws, including information on the right of an 1583
individual to cast a provisional ballot and instructions on how to 1584
contact the appropriate officials if these rights are alleged to 1585
have been violated;1586

       (f) General information on federal and state laws regarding 1587
prohibitions against acts of fraud and misrepresentation.1588

       Sec. 3505.182.  Each individual who casts a provisional 1589
ballot under section 3505.181 of the Revised Code shall execute a 1590
written affirmation. The secretary of state shall prescribe the1591
form of the written affirmation, which shall be printed upon the 1592
face of the provisional ballot envelope and shall be substantially 1593
as follows:1594

"Provisional Ballot Affirmation
1595

STATE OF OHIO1596

       I, .................... (Name of provisional voter), solemnly 1597
swear or affirm that I am a registered voter in the jurisdiction 1598
in which I am voting this provisional ballot and that I am 1599
eligible to vote in the election in which I am voting this 1600
provisional ballot.1601

       I understand that, if the above-provided information is not 1602
fully completed and correct, if the board of elections determines 1603
that I am not registered to vote, a resident of this precinct, or 1604
eligible to vote in this election, or if the board of elections 1605
determines that I have already voted in this election, my 1606
provisional ballot will not be counted. I further understand that 1607
knowingly providing false information is a violation of law and 1608
subjects me to possible criminal prosecution.1609

       I hereby declare, under penalty of election falsification, 1610
that the above statements are true and correct to the best of my 1611
knowledge and belief.1612

1613
(Signature of Voter) 1614
1615
(Voter's date of birth) 1616

The last four digits of the voter's social security number 1617
1618
(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) 1619

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1620
OF THE FIFTH DEGREE.1621

Additional Information For Determining Ballot Validity
1622

(May be completed at voter's discretion)
1623

Voter's current address: 1624
Voter's former address if photo identification does not contain voter's current address 1625
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 1626
(Please circle number type) 1627
(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.) 1628
Reason for voting provisional ballot (Check one): 1629
     ..... Requested, but did not receive, absent voter's ballot 1630
     ..... Other 1631

Verification Statement
1632

(To be completed by election official)
1633

       The Provisional Ballot Affirmation printed above was 1634
subscribed and affirmed before me this .......... day of 1635
.......... (Month), .......... (Year).1636

       (If applicable, the election official must check the 1637
following true statement concerning additional information needed 1638
to determine the eligibility of the provisional voter.)1639

       ...... The provisional voter is required to provide 1640
additional information to the board of elections.1641

       ...... An application or challenge hearing regarding this 1642
voter has been postponed until after the election.1643

       (The election official must check the following true 1644
statement concerning identification provided by the provisional 1645
voter, if any.)1646

       ...... The provisional voter provided a current and valid 1647
photo identification.1648

       ...... The provisional voter provided a current valid photo 1649
identification, other than a driver's license or a state 1650
identification card, with the voter's former address instead of 1651
current address and has provided the election official both the 1652
current and former addresses.1653

       ...... The provisional voter provided a military 1654
identification or a copy of a current utility bill, bank 1655
statement, government check, paycheck, or other government 1656
document, other than a notice of an election mailed by a board of 1657
elections under section 3501.19 of the Revised Code or a notice of 1658
voter registration mailed by a board of elections under section 1659
3503.19 of the Revised Code, with the voter's name and current 1660
address.1661

       ...... The provisional voter provided the last four digits of 1662
the voter's social security number.1663

       ...... The provisional voter is not able to provide a current 1664
and valid photo identification, a military identification, or a 1665
copy of a current utility bill, bank statement, government check, 1666
paycheck, or other government document, other than a notice of an 1667
election mailed by a board of elections under section 3501.19 of 1668
the Revised Code or a notice of voter registration mailed by a 1669
board of elections under section 3503.19 of the Revised Code, with 1670
the voter's name and current address but does have one of these 1671
forms of identification. The provisional voter must provide one of 1672
the foregoing items of identification to the board of elections 1673
within ten days after the election.1674

       ..... The provisional voter is not able to provide a current 1675
and valid photo identification, a military identification, or a 1676
copy of a current utility bill, bank statement, government check, 1677
paycheck, or other government document, other than a notice of an 1678
election mailed by a board of elections under section 3501.19 of 1679
the Revised Code or a notice of voter registration mailed by a 1680
board of elections under section 3503.19 of the Revised Code, with 1681
the voter's name and current address but does have one of these 1682
forms of identification. Additionally, the provisional voter does 1683
have a social security number but is not able to provide the last 1684
four digits of the voter's social security number before voting. 1685
The provisional voter must provide one of the foregoing items of 1686
identification or the last four digits of the voter's social 1687
security number to the board of elections within ten days after 1688
the election.1689

       ..... The provisional voter does not have a current and valid 1690
photo identification, a military identification, a copy of a 1691
current utility bill, bank statement, government check, paycheck, 1692
or other government document with the voter's name and current 1693
address, or a social security number, but has executed an 1694
affirmation.1695

       ..... The provisional voter does not have a current and valid 1696
photo identification, a military identification, a copy of a 1697
current utility bill, bank statement, government check, paycheck, 1698
or other government document with the voter's name and current 1699
address, or a social security number, and has declined to execute 1700
an affirmation.1701

       ..... The provisional voter declined to provide a current and 1702
valid photo identification, a military identification, a copy of a 1703
current utility bill, bank statement, government check, paycheck, 1704
or other government document with the voter's name and current 1705
address, or the last four digits of the voter's social security 1706
number but does have one of these forms of identification or a 1707
social security number. The provisional voter must provide one of 1708
the foregoing items of identification or the last four digits of 1709
the voter's social security number to the board of elections 1710
within ten days after the election.1711

1712
(Signature of Election Official)" 1713

       In addition to any information required to be included on the 1714
written affirmation, an individual casting a provisional ballot 1715
may provide additional information to the election official to 1716
assist the board of elections in determining the individual's 1717
eligibility to vote in that election, including the date and 1718
location at which the individual registered to vote, if known.1719

       If the individual declines to execute the affirmation, an 1720
appropriate local election official shall comply with division 1721
(B)(6) of section 3505.181 of the Revised Code.1722

       Sec. 3505.183.  (A) When the ballot boxes are delivered to 1723
the board of elections from the precincts, the board shall 1724
separate the provisional ballot envelopes from the rest of the 1725
ballots. Teams of employees of the board consisting of one member 1726
of each major political party shall place the sealed provisional 1727
ballot envelopes in a secure location within the office of the 1728
board. The sealed provisional ballot envelopes shall remain in 1729
that secure location until the validity of those ballots is 1730
determined under division (B) of this section. While the 1731
provisional ballot is stored in that secure location, and prior to 1732
the counting of the provisional ballots, if the board receives 1733
information regarding the validity of a specific provisional 1734
ballot under division (B) of this section, the board may note, on 1735
the sealed provisional ballot envelope for that ballot, whether 1736
the ballot is valid and entitled to be counted.1737

       (B)(1) To determine whether a provisional ballot is valid and 1738
entitled to be counted, the board shall examine itsthe 1739
affirmation executed by the provisional voter, the statewide voter 1740
registration database, and other records maintained by the board 1741
of elections and determine whether the individual who cast the 1742
provisional ballot is registered and eligible to vote in the 1743
applicable election. The board shall examine the information 1744
contained in the written affirmation executed by the individual 1745
who cast the provisional ballot under division (B)(2) of section 1746
3505.181 of the Revised Code. If the individual declines to 1747
execute such an affirmation, the individual's name, written by 1748
either the individual or the election official at the direction of 1749
the individual, shall be included in a written affirmation in 1750
order for the provisional ballot to be eligible to be counted; 1751
otherwise, theThe following information shall be included by the 1752
provisional voter in the written affirmation in order for the 1753
provisional ballot to be eligible to be counted:1754

       (a) The individual's printed name and;1755

       (b) The individual's signature;1756

       (b)(c) The individual's date of birth;1757

       (d) The last four digits of the individual's social security 1758
number, the individual's driver's license number or state 1759
identification card number, or an affirmative notation that the 1760
individual provided the required identification under division 1761
(A)(1) of section 3505.18 of the Revised Code;1762

        (e) The individual's residence address;1763

        (f) A statement that the individual is a registered voter in 1764
the jurisdiction in which the provisional ballot is being voted;1765

       (c)(g) A statement that the individual is eligible to vote in 1766
the election in which the provisional ballot is being voted.1767

       (2) In addition to the information required to be included in 1768
an affirmation under division (B)(1) of this section, in 1769
determining whether a provisional ballot is valid and entitled to 1770
be counted, the board also shall examine any additional 1771
information for determining ballot validity provided by the 1772
provisional voter on the affirmation, provided by the provisional 1773
voter to an election official under section 3505.182 of the 1774
Revised Code, or provided to the board of elections during the ten 1775
days after the day of the election under division (B)(8) of 1776
section 3505.181 of the Revised Code, to assist the board in 1777
determining the individual's eligibility to vote.1778

       (3) If, in examining a provisional ballot affirmation and 1779
additional information under divisions (B)(1) and (2) of this 1780
section, the board determines that all of the following apply, the 1781
provisional ballot envelope shall be opened, and the ballot shall 1782
be placed in a ballot box to be counted:1783

       (a) The individual named on the affirmation is properly 1784
registered to vote.1785

       (b) The individual named on the affirmation is eligible to 1786
cast a ballot in the precinct and for the election in which the 1787
individual cast the provisional ballot.1788

       (c) The individual provided all of the information required 1789
under division (B)(1) of this section in the affirmation that the 1790
individual executed at the time the individual cast the 1791
provisional ballot.1792

       (d) If applicable, the individual provided any additional 1793
information required under division (B)(8) of section 3505.181 of 1794
the Revised Code within ten days after the day of the election.1795

       (e) If applicable, the hearing conducted under division (B) 1796
of section 3503.24 of the Revised Code after the day of the 1797
election resulted in the individual's inclusion in the official 1798
registration list.1799

       (4)(3)(a) If, in examining a provisional ballot affirmation 1800
and additional information under divisions (B)(1) and (2) of this 1801
section, the board determines that any of the following applies, 1802
the provisional ballot envelope shall not be opened, and the 1803
ballot shall not be counted:1804

       (i) The individual named on the affirmation is not qualified 1805
or is not properly registered to vote.1806

       (ii) The individual named on the affirmation is not eligible 1807
to cast a ballot in the precinct or for the election in which the 1808
individual cast the provisional ballot.1809

       (iii) The individual did not provide all of the information 1810
required under division (B)(1) of this section in the affirmation 1811
that the individual executed at the time the individual cast the 1812
provisional ballot.1813

       (iv) The individual has already cast a ballot for the 1814
election in which the individual cast the provisional ballot.1815

       (v) If applicable, the individual did not provide any 1816
additional information required under division (B)(8) of section 1817
3505.181 of the Revised Code within ten days after the day of the 1818
election.1819

       (vi) If applicable, the hearing conducted under division (B) 1820
of section 3503.24 of the Revised Code after the day of the 1821
election did not result in the individual's inclusion in the 1822
official registration list.1823

       (vii) The individual failed to provide a current and valid 1824
photo identification, a military identification, a copy of a 1825
current utility bill, bank statement, government check, paycheck, 1826
or other government document, other than a notice of an election 1827
mailed by a board of elections under section 3501.19 of the 1828
Revised Code or a notice of voter registration mailed by a board 1829
of elections under section 3503.19 of the Revised Code, with the 1830
voter's name and current address, or the last four digits of the 1831
individual's social security number or to execute an affirmation 1832
under division (A) of section 3505.18 or division (B) of section 1833
3505.181 of the Revised Code.1834

       (b) If, in examining a provisional ballot affirmation and 1835
additional information under divisions (B)(1) and (2) of this 1836
section, the board is unable to determine either of the following, 1837
the provisional ballot envelope shall not be opened, and the 1838
ballot shall not be counted:1839

       (i) Whether the individual named on the affirmation is 1840
qualified or properly registered to vote;1841

       (ii) Whether the individual named on the affirmation is 1842
eligible to cast a ballot in the precinct or for the election in 1843
which the individual cast the provisional ballot.1844

       (C)(1) For each provisional ballot rejected under division 1845
(B)(4)(3) of this section, the board shall record the name of the 1846
provisional voter who cast the ballot, the identification number 1847
of the provisional ballot envelope, the names of the election 1848
officials who determined the validity of that ballot, the date and 1849
time that the determination was made, and the reason that the 1850
ballot was not counted.1851

       (2) Provisional ballots that are rejected under division 1852
(B)(4)(3) of this section shall not be counted but shall be 1853
preserved in their provisional ballot envelopes unopened until the 1854
time provided by section 3505.31 of the Revised Code for the 1855
destruction of all other ballots used at the election for which 1856
ballots were provided, at which time they shall be destroyed.1857

       (D) Provisional ballots that the board determines are 1858
eligible to be counted under division (B)(3)(2) of this section 1859
shall be counted in the same manner as provided for other ballots 1860
under section 3505.27 of the Revised Code. No provisional ballots 1861
shall be counted in a particular county until the board determines 1862
the eligibility to be counted of all provisional ballots cast in 1863
that county under division (B) of this section for that election. 1864
Observers, as provided in section 3505.21 of the Revised Code, may 1865
be present at all times that the board is determining the 1866
eligibility of provisional ballots to be counted and counting 1867
those provisional ballots determined to be eligible. No person 1868
shall recklessly disclose the count or any portion of the count of 1869
provisional ballots in such a manner as to jeopardize the secrecy 1870
of any individual ballot.1871

       (E)(1) Except as otherwise provided in division (E)(2) of 1872
this section, nothing in this section shall prevent a board of 1873
elections from examining provisional ballot affirmations and 1874
additional information under divisions (B)(1) and (2) of this 1875
section to determine the eligibility of provisional ballots to be 1876
counted during the ten days after the day of an election.1877

       (2) A board of elections shall not examine the provisional 1878
ballot affirmation and additional information under divisions 1879
(B)(1) and (2) of this section of any provisional ballot for which 1880
an election official has indicated under division (B)(7)(5) of 1881
section 3505.181 of the Revised Code that additional information 1882
is required for the board of elections to determine the 1883
eligibility of the individual who cast that provisional ballot 1884
until the individual provides any information required under 1885
division (B)(8) of section 3505.181 of the Revised Codean 1886
application or challenge hearing has been postponed, until any 1887
hearing required to be conducted under section 3503.24 of the 1888
Revised Code with regard to the provisional voter is held, or 1889
until the eleventh day after the day of the election, whichever is 1890
earlier.1891

       Sec. 3505.21. (A) As used in this section, "during the 1892
casting of the ballots" includes any time during which a board of 1893
elections permits an elector to vote an absent voter's ballot in 1894
person at the office of the board and any time ballots may be cast 1895
in a precinct polling place on the day of an election.1896

       (B) At any primary, special, or general election, any 1897
political party supporting candidates to be voted upon at such 1898
election and any group of five or more candidates may appoint to 1899
the board of elections or to any of the precincts in the county or 1900
city one person, a qualified elector, who shall serve as observer 1901
for such party or such candidates during the casting of the 1902
ballots and during the counting of the ballots; provided that 1903
separate observers may be appointed to serve during the casting 1904
and during the counting of the ballots. No candidate, no uniformed 1905
peace officer as defined by section 2935.01 of the Revised Code, 1906
no uniformed state highway patrol trooper, no uniformed member of 1907
any fire department, no uniformed member of the armed services, no 1908
uniformed member of the organized militia, no person wearing any 1909
other uniform, and no person carrying a firearm or other deadly 1910
weapon shall serve as an observer, nor shall any candidate be 1911
represented by more than one observer at any one precinct at the 1912
board of elections except that a candidate who is a member of a 1913
party controlling committee, as defined in section 3517.03 of the 1914
Revised Code, may serve as an observer. Any1915

       (C) Any political party or group of candidates appointing 1916
observers shall notify the board of elections of the names and 1917
addresses of its appointees and the precincts at which they shall 1918
serve or that they will serve at the board of elections. 1919
Notification of observers appointed to serve on the day of an 1920
election shall take place not less than eleven days before the day 1921
of the election on forms prescribed by the secretary of state and 1922
may be amended by filing an amendment with the board of elections 1923
at any time until four p.m. of the day before the election. 1924
Notification of observers appointed to serve at the office of the 1925
board during the time absent voter's ballots may be cast in person 1926
shall take place not less than eleven days before absent voter's 1927
ballots are required to be ready for use pursuant to division 1928
(B)(3) of section 3509.01 of the Revised Code on forms prescribed 1929
by the secretary of state and may be amended by filing an 1930
amendment with the board of elections at any time until four p.m. 1931
of the day before the observer is appointed to serve. The observer 1932
serving on behalf of a political party shall be appointed in 1933
writing by the chairperson and secretary of the respective 1934
controlling party committee. Observers serving for any five or 1935
more candidates shall have their certificates signed by those 1936
candidates. Observers appointed to a precinct may file their 1937
certificates of appointment with the presiding judge of the 1938
precinct at the meeting on the evening prior to the election, or 1939
with the presiding judge of the precinct on the day of the 1940
election. UponObservers appointed to the office of the board to 1941
observe the casting of absent voter's ballots in person prior to 1942
the day of the election may file their certificates with the 1943
director of the board of elections the day before or on the day 1944
that the observers are scheduled to serve at the office of the 1945
board.1946

       Upon the filing of a certificate, the person named as 1947
observer in the certificate shall be permitted to be in and about 1948
the applicable polling place for the precinct during the casting 1949
of the ballots and shall be permitted to watch every proceeding of 1950
the judges of elections from the time of the opening until the 1951
closing of the polls. The observer also may inspect the counting 1952
of all ballots in the polling place or board of elections from the 1953
time of the closing of the polls until the counting is completed 1954
and the final returns are certified and signed. Observers 1955
appointed to serve at the board of elections on the day of an 1956
election under this section may observe at the board of elections 1957
and may observe at any precinct in the county. The judges of 1958
elections shall protect such observers in all of the rights and 1959
privileges granted to them by Title XXXV of the Revised Code.1960

       (D) No persons other than the judges of elections, the 1961
observers, a police officer, other persons who are detailed to any 1962
precinct on request of the board of elections, or the secretary of 1963
state or the secretary of state's legal representative shall be 1964
admitted to the polling place, or any room in which a board of 1965
elections is counting ballots, after the closing of the polls 1966
until the counting, certifying, and signing of the final returns 1967
of each election have been completed.1968

       (E) Not later than four p.m. of the twentieth day prior to an 1969
election at which questions are to be submitted to a vote of the 1970
people, any committee that in good faith advocates or opposes a 1971
measure may file a petition with the board of any county asking 1972
that the petitioners be recognized as the committee entitled to 1973
appoint observers to the count at the election. If more than one 1974
committee alleging themselves to advocate or oppose the same 1975
measure file such a petition, the board shall decide and announce 1976
by registered mail to each committee not less than twelve days 1977
immediately preceding the election which committee is recognized 1978
as being entitled to appoint observers. The decision shall not be 1979
final, but any aggrieved party may institute mandamus proceedings 1980
in the court of common pleas of the county in which the board has 1981
jurisdiction to compel the judges of elections to accept the 1982
appointees of such aggrieved party. Any such recognized committee 1983
may appoint an observer to the count in each precinct. Committees 1984
appointing observers shall notify the board of elections of the 1985
names and addresses of its appointees and the precincts at which 1986
they shall serve. Notification shall take place not less than 1987
eleven days before the election on forms prescribed by the 1988
secretary of state and may be amended by filing an amendment with 1989
the board of elections at any time until four p.m. on the day 1990
before the election. A person so appointed shall file the person's 1991
certificate of appointment with the presiding judge in the 1992
precinct in which the person has been appointed to serve. 1993
Observers shall file their certificates before the polls are 1994
closed. In no case shall more than six observers be appointed for 1995
any one election in any one precinct. If more than three questions 1996
are to be voted on, the committees which have appointed observers 1997
may agree upon not to exceed six observers, and the judges of 1998
elections shall appoint such observers. If such committees fail to 1999
agree, the judges of elections shall appoint six observers from 2000
the appointees so certified, in such manner that each side of the 2001
several questions shall be represented.2002

       (F) No person shall serve as an observer at any precinct or 2003
at the board of elections unless the board of elections of the 2004
county in which such observer is to serve has first been notified 2005
of the name, address, and precinctlocation at which such observer 2006
is to serve. Notification to the board of elections shall be given 2007
by the political party, group of candidates, or committee 2008
appointing such observer as prescribed in this section. No such 2009
observers shall receive any compensation from the county, 2010
municipal corporation, or township, and they shall take the 2011
following oath, to be administered by one of the judges of 2012
elections:2013

       "You do solemnly swear that you will faithfully and 2014
impartially discharge the duties as an official observer, assigned 2015
by law; that you will not cause any delay to persons offering to 2016
vote; and that you will not disclose or communicate to any person 2017
how any elector has voted at such election.2018

       (G)(1) An observer who serves during the casting of the 2019
ballots shall only be permitted to do the following:2020

        (a) Watch and listen to the activities conducted by the 2021
precinct election officials and the interactions between precinct 2022
election officials and voters, as long as the precinct election 2023
officials are not delayed in performing the officials' prescribed 2024
duties and voters are not delayed in casting their ballots;2025

        (b) Make notes on the observer's observations other than by 2026
means of a photographic, video, or audio recording.2027

        (2)(a) No observer who serves during the casting of the 2028
ballots shall interact with any precinct election official or with 2029
any voter while the observer is inside the polling place, within 2030
the area between the polling place and the small flags of the 2031
United States placed on the thoroughfares and walkways leading to 2032
the polling place, or within ten feet of any elector in line 2033
waiting to vote, if the line of electors waiting to vote extends 2034
beyond those small flags.2035

       (b) An observer does not violate division (G)(2)(a) of this 2036
section as a result of an incidental interaction with a voter or a 2037
precinct election official, such as an exchange of greetings.2038

       Sec. 3505.28.  No ballot shall be counted which is marked 2039
contrary to law, except that no ballot shall be rejected for any 2040
technical error unless it is impossible to determine the voter's 2041
choice. If2042

       A ballot is marked contrary to law and does not contain a 2043
technical error if the voter marks more selections for a 2044
particular office, question, or issue than the number of 2045
selections that the voter is allowed by law to make for that 2046
office, question, or issue. A voter makes more selections for a 2047
particular office than the voter is allowed by law to make for 2048
that office if the voter marks the ballot for a candidate and also 2049
writes in the name of that candidate as a write-in vote. The 2050
voter's ballot shall be invalidated for that office, question, or 2051
issue, but shall not be invalidated for any other office, 2052
question, or issue for which the voter has not marked an excess 2053
number of selections.2054

       If two or more ballots are found folded together among the 2055
ballots removed from a ballot box, they shall be deemed to be 2056
fraudulent. Such ballots shall not be counted. They shall be 2057
marked "Fraudulent" and shall be placed in an envelope indorsed 2058
"Not Counted" with the reasons therefor, and such envelope shall 2059
be delivered to the board of elections together with other 2060
uncounted ballots.2061

       No ballot shall be rejected because of being marked with ink 2062
or by any writing instrument other than one of the pencils 2063
provided by the board of elections.2064

       Sec. 3506.021.  (A) A board of elections may adopt the use of 2065
any electronic pollbook that has been certified for use in this 2066
state in accordance with section 3506.05 of the Revised Code, 2067
instead of using poll lists or signature pollbooks. A board of 2068
elections that opts to use electronic pollbooks shall notify the 2069
secretary of state of that decision.2070

       (B) The secretary of state shall provide each board of 2071
elections that adopts the use of electronic pollbooks under 2072
division (A) of this section with rules, instructions, directives, 2073
and advisories regarding the examination, testing, and use of 2074
electronic pollbooks, including rules regarding the sealing of the 2075
information in those pollbooks as required under section 3505.31 2076
of the Revised Code.2077

       (C) As used in this section, "electronic pollbook" has the 2078
same meaning as in section 3506.05 of the Revised Code.2079

       Sec. 3506.05.  (A) As used in this section, except:2080

       (1) "Electronic pollbook" means an electronic list of 2081
registered voters for a particular precinct or polling location 2082
that may be transported to a polling location;2083

       (2) Except when used as part of the phrase "tabulating 2084
equipment" or "automatic tabulating equipment,":2085

       (1) "Equipment""equipment" means a voting machine, marking 2086
device, automatic tabulating equipment, or software, or an 2087
electronic pollbook.2088

       (2)(3) "Vendor" means the person that owns, manufactures, 2089
distributes, or has the legal right to control the use of 2090
equipment, or the person's agent.2091

       (B) No voting machine, marking device, automatic tabulating 2092
equipment, or software for the purpose of casting or tabulating 2093
votes or for communications among systems involved in the 2094
tabulation, storage, or casting of votes, and no electronic 2095
pollbook, shall be purchased, leased, put in use, or continued to 2096
be used, except for experimental use as provided in division (B) 2097
of section 3506.04 of the Revised Code, unless it, a manual of 2098
procedures governing its use, and training materials, service, and 2099
other support arrangements have been certified by the secretary of 2100
state and unless the board of elections of each county where the 2101
equipment will be used has assured that a demonstration of the use 2102
of the equipment has been made available to all interested 2103
electors. The secretary of state shall appoint a board of voting 2104
machine examiners to examine and approve equipment and its related 2105
manuals and support arrangements. The board shall consist of four 2106
members, who shall be appointed as follows:2107

        (1) Two members appointed by the secretary of state.2108

        (2) One member appointed by either the speaker of the house 2109
of representatives or the minority leader of the house of 2110
representatives, whichever is a member of the opposite political 2111
party from the one to which the secretary of state belongs.2112

        (3) One member appointed by either the president of the 2113
senate or the minority leader of the senate, whichever is a member 2114
of the opposite political party from the one to which the 2115
secretary of state belongs.2116

        In all cases of a tie vote or a disagreement in the board, if 2117
no decision can be arrived at, the board shall submit the matter 2118
in controversy to the secretary of state, who shall summarily 2119
decide the question, and the secretary of state's decision shall 2120
be final. Each member of the board shall be a competent and 2121
experienced election officer or a person who is knowledgeable 2122
about the operation of voting equipment and shall serve during the 2123
secretary of state's term. Any vacancy on the board shall be 2124
filled in the same manner as the original appointment. The 2125
secretary of state shall provide staffing assistance to the board, 2126
at the board's request.2127

        For the member's service, each member of the board shall 2128
receive three hundred dollars per day for each combination of 2129
marking device, tabulating equipment, and voting machine, and 2130
electronic pollbook examined and reported, but in no event shall a 2131
member receive more than six hundred dollars to examine and report 2132
on any one marking device, item of tabulating equipment, or voting 2133
machine, or electronic pollbook. Each member of the board shall be 2134
reimbursed for expenses the member incurs during an examination or 2135
during the performance of any related duties that may be required 2136
by the secretary of state. Reimbursement of these expenses shall 2137
be made in accordance with, and shall not exceed, the rates 2138
provided for under section 126.31 of the Revised Code.2139

        Neither the secretary of state nor the board, nor any public 2140
officer who participates in the authorization, examination, 2141
testing, or purchase of equipment, shall have any pecuniary 2142
interest in the equipment or any affiliation with the vendor.2143

       (C)(1) A vendor who desires to have the secretary of state 2144
certify equipment shall first submit the equipment, all current 2145
related procedural manuals, and a current description of all 2146
related support arrangements to the board of voting machine 2147
examiners for examination, testing, and approval. The submission 2148
shall be accompanied by a fee of eighteen hundred dollars and a 2149
detailed explanation of the construction and method of operation 2150
of the equipment, a full statement of its advantages, and a list 2151
of the patents and copyrights used in operations essential to the 2152
processes of vote recording and tabulating, vote storage, system 2153
security, pollbook storage and security, and other crucial 2154
operations of the equipment as may be determined by the board. An 2155
additional fee, in an amount to be set by rules promulgated by the 2156
board, may be imposed to pay for the costs of alternative testing 2157
or testing by persons other than board members, record-keeping, 2158
and other extraordinary costs incurred in the examination process. 2159
Moneys not used shall be returned to the person or entity 2160
submitting the equipment for examination.2161

       (2) Fees collected by the secretary of state under this 2162
section shall be deposited into the state treasury to the credit 2163
of the board of voting machine examiners fund, which is hereby 2164
created. All moneys credited to this fund shall be used solely for 2165
the purpose of paying for the services and expenses of each member 2166
of the board or for other expenses incurred relating to the 2167
examination, testing, reporting, or certification of voting 2168
machine devicesequipment, the performance of any related duties 2169
as required by the secretary of state, or the reimbursement of any 2170
person submitting an examination fee as provided in this chapter.2171

       (D) Within sixty days after the submission of the equipment 2172
and payment of the fee, or as soon thereafter as is reasonably 2173
practicable, but in any event within not more than ninety days 2174
after the submission and payment, the board of voting machine 2175
examiners shall examine the equipment and file with the secretary 2176
of state a written report on the equipment with its 2177
recommendations and, if applicable, its determination or condition 2178
of approval regarding whether the equipment, manual, and other 2179
related materials or arrangements meet the criteria set forth in 2180
sections 3506.07 and 3506.10 of the Revised Code and can be safely 2181
used by the voters at elections under the conditions prescribed in 2182
Title XXXV of the Revised Code, or a written statement of reasons 2183
for which testing requires a longer period. The board may grant 2184
temporary approval for the purpose of allowing experimental use of 2185
equipment. If the board finds that the equipment meets theany 2186
applicable criteria set forth in sections 3506.06, 3506.07, and 2187
3506.10 of the Revised Code, can be used safely and, if 2188
applicable, can be depended upon to record and count accurately 2189
and continuously the votes of electors, and has the capacity to be 2190
warranted, maintained, and serviced, it shall approve the 2191
equipment and recommend that the secretary of state certify the 2192
equipment. The secretary of state shall notify all boards of 2193
elections of any such certification. Equipment of the same model 2194
and make, if it provides for recording of voter intent, system 2195
security, voter privacy, retention of vote, and communication of 2196
voting recordsoperates in an identical manner, may then be 2197
adopted for use at elections.2198

       (E) The vendor shall notify the secretary of state, who shall 2199
then notify the board of voting machine examiners, of any 2200
enhancement and any significant adjustment to the hardware or 2201
software that could result in a patent or copyright change or that 2202
significantly alters the methods of recording voter intent, system 2203
security, voter privacy, retention of the vote, communication of 2204
voting records, and connections between the system and other 2205
systems. The vendor shall provide the secretary of state with an 2206
updated operations manual for the equipment, and the secretary of 2207
state shall forward the manual to the board. Upon receiving such a 2208
notification and manual, the board may require the vendor to 2209
submit the equipment to an examination and test in order for the 2210
equipment to remain certified. The board or the secretary of state 2211
shall periodically examine, test, and inspect certified equipment 2212
to determine continued compliance with the requirements of this 2213
chapter and the initial certification. Any examination, test, or 2214
inspection conducted for the purpose of continuing certification 2215
of any equipment in which a significant problem has been uncovered 2216
or in which a record of continuing problems exists shall be 2217
performed pursuant to divisions (C) and (D) of this section, in 2218
the same manner as the examination, test, or inspection is 2219
performed for initial approval and certification.2220

       (F) If, at any time after the certification of equipment, the 2221
board of voting machine examiners or the secretary of state is 2222
notified by a board of elections of any significant problem with 2223
the equipment or determines that the equipment fails to meet the 2224
requirements necessary for approval or continued compliance with 2225
the requirements of this chapter, or if the board of voting 2226
machine examiners determines that there are significant 2227
enhancements or adjustments to the hardware or software, or if 2228
notice of such enhancements or adjustments has not been given as 2229
required by division (E) of this section, the secretary of state 2230
shall notify the users and vendors of that equipment that 2231
certification of the equipment may be withdrawn.2232

       (G)(1) The notice given by the secretary of state under 2233
division (F) of this section shall be in writing and shall specify 2234
both of the following:2235

       (a) The reasons why the certification may be withdrawn;2236

       (b) The date on which certification will be withdrawn unless 2237
the vendor takes satisfactory corrective measures or explains why 2238
there are no problems with the equipment or why the enhancements 2239
or adjustments to the equipment are not significant.2240

       (2) A vendor who receives a notice under division (F) of this 2241
section shall, within thirty days after receiving it, submit to 2242
the board of voting machine examiners in writing a description of 2243
the corrective measures taken and the date on which they were 2244
taken, or the explanation required under division (G)(1)(b) of 2245
this section.2246

       (3) Not later than fifteen days after receiving a written 2247
description or explanation under division (G)(2) of this section 2248
from a vendor, the board shall determine whether the corrective 2249
measures taken or the explanation is satisfactory to allow 2250
continued certification of the equipment, and the secretary of 2251
state shall send the vendor a written notice of the board's 2252
determination, specifying the reasons for it. If the board has 2253
determined that the measures taken or the explanation given is 2254
unsatisfactory, the notice shall include the effective date of 2255
withdrawal of the certification. This date may be different from 2256
the date originally specified in division (G)(1)(b) of this 2257
section.2258

       (4) A vendor who receives a notice under division (G)(3) of 2259
this section indicating a decision to withdraw certification may, 2260
within thirty days after receiving it, request in writing that the 2261
board hold a hearing to reconsider its decision. Any interested 2262
party shall be given the opportunity to submit testimony or 2263
documentation in support of or in opposition to the board's 2264
recommendation to withdraw certification. Failure of the vendor to 2265
take appropriate steps as described in division (G)(1)(b) or to 2266
comply with division (G)(2) of this section results in a waiver of 2267
the vendor's rights under division (G)(4) of this section.2268

       (H)(1) The secretary of state, in consultation with the board 2269
of voting machine examiners, shall establish, by rule, guidelines 2270
for the approval, certification, and continued certification of 2271
the voting machines, marking devices, and tabulating equipment, 2272
and electronic pollbooks to be used under Title XXXV of the 2273
Revised Code. The guidelines shall establish procedures requiring 2274
vendors or computer software developers to place in escrow with an 2275
independent escrow agent approved by the secretary of state a copy 2276
of all source code and related documentation, together with 2277
periodic updates as they become known or available. The secretary 2278
of state shall require that the documentation include a system 2279
configuration and that the source code include all relevant 2280
program statements in low- or high-level languages. As used in 2281
this division, "source code" does not include variable codes 2282
created for specific elections.2283

       (2) Nothing in any rule adopted under division (H) of this 2284
section shall be construed to limit the ability of the secretary 2285
of state to follow or adopt, or to preclude the secretary of state 2286
from following or adopting, any guidelines proposed by the federal 2287
election commission, any entity authorized by the federal election 2288
commission to propose guidelines, the election assistance 2289
commission, or any entity authorized by the election assistance 2290
commission to propose guidelines.2291

       (3)(a) Before the initial certification of any direct 2292
recording electronic voting machine with a voter verified paper 2293
audit trail, and as a condition for the continued certification 2294
and use of those machines, the secretary of state shall establish, 2295
by rule, standards for the certification of those machines. Those 2296
standards shall include, but are not limited to, all of the 2297
following:2298

       (i) A definition of a voter verified paper audit trail as a 2299
paper record of the voter's choices that is verified by the voter 2300
prior to the casting of the voter's ballot and that is securely 2301
retained by the board of elections;2302

       (ii) Requirements that the voter verified paper audit trail 2303
shall not be retained by any voter and shall not contain 2304
individual voter information;2305

       (iii) A prohibition against the production by any direct 2306
recording electronic voting machine of anything that legally could 2307
be removed by the voter from the polling place, such as a receipt 2308
or voter confirmation;2309

       (iv) A requirement that paper used in producing a voter 2310
verified paper audit trail be sturdy, clean, and resistant to 2311
degradation;2312

       (v) A requirement that the voter verified paper audit trail 2313
shall be capable of being optically scanned for the purpose of 2314
conducting a recount or other audit of the voting machine and 2315
shall be readable in a manner that makes the voter's ballot 2316
choices obvious to the voter without the use of computer or 2317
electronic codes;2318

       (vi) A requirement, for office-type ballots, that the voter 2319
verified paper audit trail include the name of each candidate 2320
selected by the voter;2321

        (vii) A requirement, for questions and issues ballots, that 2322
the voter verified paper audit trail include the title of the 2323
question or issue, the name of the entity that placed the question 2324
or issue on the ballot, and the voter's ballot selection on that 2325
question or issue, but not the entire text of the question or 2326
issue.2327

        (b) The secretary of state, by rule adopted under Chapter 2328
119. of the Revised Code, may waive the requirement under division 2329
(H)(3)(a)(v) of this section, if the secretary of state determines 2330
that the requirement is cost prohibitive.2331

       (4)(a) Except as otherwise provided in division (H)(4)(c) of 2332
this section, any voting machine, marking device, or automatic 2333
tabulating equipment initially certified or acquired on or after 2334
December 1, 2008, shall have the most recent federal certification 2335
number issued by the election assistance commission.2336

        (b) Any voting machine, marking device, or automatic 2337
tabulating equipment certified for use in this state on the 2338
effective date of this amendmentSeptember 12, 2008, shall meet, 2339
as a condition of continued certification and use, the voting 2340
system standards adopted by the federal election commission in 2341
2002.2342

        (c) A county that acquires additional voting machines, 2343
marking devices, or automatic tabulating equipment on or after 2344
December 1, 2008, shall not be considered to have acquired those 2345
machines, devices, or equipment on or after December 1, 2008, for 2346
the purpose of division (H)(4)(a) of this section if all of the 2347
following apply:2348

        (i) The voting machines, marking devices, or automatic 2349
tabulating equipment acquired are the same as the machines, 2350
devices, or equipment currently used in that county.2351

        (ii) The acquisition of the voting machines, marking devices, 2352
or automatic tabulating equipment does not replace or change the 2353
primary voting system used in that county.2354

        (iii) The acquisition of the voting machines, marking 2355
devices, or automatic tabulating equipment is for the purpose of 2356
replacing inoperable machines, devices, or equipment or for the 2357
purpose providing additional machines, devices, or equipment 2358
required to meet the allocation requirements established pursuant 2359
to division (I) of section 3501.11 of the Revised Code.2360

       Sec. 3509.01. (A) The board of elections of each county shall 2361
provide absent voter's ballots for use at every primary and 2362
general election, or special election to be held on the day 2363
specified by division (E) of section 3501.01 of the Revised Code 2364
for the holding of a primary election, designated by the general 2365
assembly for the purpose of submitting constitutional amendments 2366
proposed by the general assembly to the voters of the state. Those 2367
ballots shall be the same size, shall be printed on the same kind 2368
of paper, and shall be in the same form as has been approved for 2369
use at the election for which those ballots are to be voted; 2370
except that, in counties using marking devices, ballot cards may 2371
be used for absent voter's ballots, and those absent voters shall 2372
be instructed to record the vote in the manner provided on the 2373
ballot cards. In counties where punch card ballots are used, those 2374
absent voters shall be instructed to examine their marked ballot 2375
cards and to remove any chads that remain partially attached to 2376
them before returning them to election officials.2377

       (B) The rotation of names of candidates and questions and 2378
issues shall be substantially complied with on absent voter's 2379
ballots, within the limitation of time allotted. Those ballots 2380
shall be designated as "Absent Voter's Ballots." Except as 2381
otherwise provided in division (D) of this section, those ballots 2382
shall be printed and ready for use as follows:2383

        (1) For overseas voters and absent uniformed services voters 2384
eligible to vote under the Uniformed and Overseas Citizens 2385
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 2386
1973ff, et seq., as amended, ballots shall be printed and ready 2387
for use on the forty-fifth day before the day of the election.2388

        (2) For all other voters, other than overseas voters and 2389
absent uniformed services voters, who are applying to vote absent 2390
voter's ballots other than in person, ballots shall be printed and 2391
ready for use on the thirty-fifthtwenty-first day before the day 2392
of the election.2393

       (3) For all voters who are applying to vote absent voter's 2394
ballots in person, ballots shall be printed and ready for use 2395
beginning on the tenth day before the day of the election and 2396
shall continue to be available for use through six p.m. on the 2397
last Friday before the day of the election, except that ballots 2398
shall not be available for use on Sunday. On the days in which 2399
absent voter's ballots are available for use in person, those 2400
ballots shall be available from eight a.m. through six p.m. Monday 2401
through Friday and from eight a.m. through twelve p.m. on 2402
Saturday.2403

       (C) Absent voter's ballots provided for use at a general or 2404
primary election, or special election to be held on the day 2405
specified by division (E) of section 3501.01 of the Revised Code 2406
for the holding of a primary election, designated by the general 2407
assembly for the purpose of submitting constitutional amendments 2408
proposed by the general assembly to the voters of the state, shall 2409
include only those questions, issues, and candidacies that have 2410
been lawfully ordered submitted to the electors voting at that 2411
election.2412

        (D)(1) If the laws governing the holding of a special 2413
election on a day other than the day on which a primary or general 2414
election is held make it impossible for absent voter's ballots to 2415
be printed and ready for use by the deadlines established in 2416
division (B) of this section, absent voter's ballots for those 2417
special elections shall be ready for use as many days before the 2418
day of the election as reasonably possible under the laws 2419
governing the holding of that special election.2420

       (2) If, in accordance with Section 2 of Article XVII, Ohio 2421
Constitution, an election is required to be held to fill a vacancy 2422
that occurs after absent voter's ballots have been printed and 2423
distributed under division (B) of this section, the board of 2424
elections shall print and distribute a supplemental ballot for 2425
that election to each absent voter who has requested a ballot for 2426
that election as many days before the election as reasonably 2427
possible.2428

       (E) A copy of the absent voter's ballots shall be forwarded 2429
by the director of the board in each county to the secretary of 2430
state at least twenty-five days before the election.2431

       (F) As used in this section, "chad" and "punch card ballot" 2432
have the same meanings as in section 3506.16 of the Revised Code.2433

       Sec. 3509.02.  (A) Any qualified elector may vote by absent 2434
voter's ballots at an election.2435

       (B) Any qualified elector who is unable to appear at the 2436
office of the board of elections or, if pursuant to division (C) 2437
of section 3501.10 of the Revised Code the board has designated 2438
another location in the county at which registered electors may 2439
vote, at that other location on account of personal illness, 2440
physical disability, or infirmity, and who moves from one precinct 2441
to another within a county, changes the elector's name and moves 2442
from one precinct to another within a county, or moves from one 2443
county to another county within the state, on or prior to the day 2444
of a general, primary, or special election and has not filed a 2445
notice of change of residence or change of name may vote by absent 2446
voter's ballots in that election as specified in division (G) of 2447
section 3503.16 of the Revised Code.2448

       Sec. 3509.03.  Except as provided in section 3509.031 or 2449
division (B) of section 3509.08 of the Revised Code, any qualified 2450
elector desiring to vote absent voter's ballots at an election 2451
shall make written application for those ballots to the director 2452
of elections of the county in which the elector's voting residence 2453
is located. The application need not be in any particular form but 2454
shall contain all of the following:2455

       (A) The elector's name;2456

       (B) The elector's signature;2457

       (C) The address at which the elector is registered to vote;2458

       (D) The elector's date of birth;2459

       (E) One of the following:2460

       (1) The elector's driver's license number;2461

       (2) The last four digits of the elector's social security 2462
number;2463

       (3) A copy of the elector's current and valid photo 2464
identification, a copy of a military identification, or a copy of 2465
a current utility bill, bank statement, government check, 2466
paycheck, or other government document, other than a notice of an 2467
election mailed by a board of elections under section 3501.19 of 2468
the Revised Code or a notice of voter registration mailed by a 2469
board of elections under section 3503.19 of the Revised Code, that 2470
shows the name and address of the elector.2471

       (F) A statement identifying the election for which absent 2472
voter's ballots are requested;2473

       (G) A statement that the person requesting the ballots is a 2474
qualified elector;2475

       (H) If the request is for primary election ballots, the 2476
elector's party affiliation;2477

       (I) If the elector desires ballots to be mailed to the 2478
elector, the address to which those ballots shall be mailed.2479

       Each application for absent voter's ballots shall be 2480
delivered to the director not earlier than the first day of 2481
January of the year of the elections for which the absent voter's 2482
ballots are requested or not earlier than ninety days before the 2483
day of the election at which the ballots are to be voted, 2484
whichever is earlier, and not later than twelve noon of the third 2485
day before the day of the election at which the ballots are to be 2486
voted, or not later than the close of regular business hours on 2487
the day before the day of the election at which the ballots are to 2488
be voted if the application is delivered in person to the office 2489
of the board.2490

       A board of elections shall not mail any unsolicited 2491
applications for absent voter's ballots. A board shall only mail 2492
an absent voter's ballot application to an elector who has 2493
requested such an application from the board. A board of elections 2494
that mails an absent voter's ballot application to an elector 2495
under this section shall not prepay the return postage for that 2496
application.2497

       Sec. 3509.031. (A) Any qualified elector who is a member of 2498
the organized militia called to active duty within the state and 2499
who will be unable to vote on election day on account of that 2500
active duty may make written application for absent voter's 2501
ballots to the director of elections for the county in which the 2502
elector's voting residence is located. The elector may personally 2503
deliver the application to the director or may mail it, send it by 2504
facsimile machine, or otherwise send it to the director. The 2505
application need not be in any particular form but shall contain 2506
all of the following:2507

       (1) The elector's name;2508

       (2) The elector's signature;2509

       (3) The address at which the elector is registered to vote;2510

       (4) The elector's date of birth;2511

       (5) One of the following:2512

       (a) The elector's driver's license number;2513

       (b) The last four digits of the elector's social security 2514
number;2515

       (c) A copy of the elector's current and valid photo 2516
identification, a copy of a military identification, or a copy of 2517
a current utility bill, bank statement, government check, 2518
paycheck, or other government document, other than a notice of an 2519
election mailed by a board of elections under section 3501.19 of 2520
the Revised Code or a notice of voter registration mailed by a 2521
board of elections under section 3503.19 of the Revised Code, that 2522
shows the name and address of the elector.2523

       (6) A statement identifying the election for which absent 2524
voter's ballots are requested;2525

       (7) A statement that the person requesting the ballots is a 2526
qualified elector;2527

       (8) A statement that the elector is a member of the organized 2528
militia serving on active duty within the state;2529

       (9) If the request is for primary election ballots, the 2530
elector's party affiliation;2531

       (10) If the elector desires ballots to be mailed to the 2532
elector, the address to which those ballots shall be mailed;2533

       (11) If the elector desires ballots to be sent to the elector 2534
by facsimile machine, the telephone number to which they shall be 2535
so sent.2536

       (B) Application to have absent voter's ballots mailed or sent 2537
by facsimile machine to a qualified elector who is a member of the 2538
organized militia called to active duty within the state and who 2539
will be unable to vote on election day on account of that active 2540
duty may be made by the spouse of the militia member or the 2541
father, mother, father-in-law, mother-in-law, grandfather, 2542
grandmother, brother or sister of the whole blood or half blood, 2543
son, daughter, adopting parent, adopted child, stepparent, 2544
stepchild, uncle, aunt, nephew, or niece of the militia member. 2545
The application shall be in writing upon a blank form furnished 2546
only by the director. The form of the application shall be 2547
prescribed by the secretary of state. The director shall furnish 2548
that blank form to any of the relatives specified in this division 2549
desiring to make the application, only upon the request of such a 2550
relative in person at the office of the board or upon the written 2551
request of such a relative mailed to the office of the board. The 2552
application, subscribed and sworn to by the applicant, shall 2553
contain all of the following:2554

        (1) The full name of the elector for whom ballots are 2555
requested;2556

        (2) A statement that such person is a qualified elector in 2557
the county;2558

        (3) The address at which the elector is registered to vote;2559

       (4) The elector's date of birth;2560

       (5) One of the following:2561

       (a) The elector's driver's license number;2562

       (b) The last four digits of the elector's social security 2563
number;2564

       (c) A copy of the elector's current and valid photo 2565
identification, a copy of a military identification, or a copy of 2566
a current utility bill, bank statement, government check, 2567
paycheck, or other government document, other than a notice of an 2568
election mailed by a board of elections under section 3501.19 of 2569
the Revised Code or a notice of voter registration mailed by a 2570
board of elections under section 3503.19 of the Revised Code, that 2571
shows the name and address of the elector.2572

       (6) A statement identifying the election for which absent 2573
voter's ballots are requested;2574

       (7) A statement that the elector is a member of the organized 2575
militia serving on active duty within the state;2576

        (8) If the request is for primary election ballots, the 2577
elector's party affiliation;2578

       (9) A statement that the applicant bears a relationship to 2579
the elector as specified in division (B) of this section;2580

        (10) The address to which ballots shall be mailed or 2581
telephone number to which ballots shall be sent by facsimile 2582
machine;2583

        (11) The signature and address of the person making the 2584
application.2585

       (C) Applications to have absent voter's ballots mailed or 2586
sent by facsimile machine shall not be valid if dated, postmarked, 2587
or received by the director prior to the ninetieth day before the 2588
day of the election for which ballots are requested or if 2589
delivered to the director later than twelve noon of the third day 2590
preceding the day of such election. If, after the ninetieth day 2591
and before four p.m. of the day before the day of an election, a 2592
valid application for absent voter's ballots is delivered to the 2593
director of elections at the office of the board by a militia 2594
member making application in the militia member's own behalf, the 2595
director shall forthwith deliver to the militia member all absent 2596
voter's ballots then ready for use, together with an 2597
identification envelope. The militia member shall then vote the 2598
absent voter's ballots in the manner provided in section 3509.05 2599
of the Revised Code.2600

       (D) A board of elections shall not mail any unsolicited 2601
applications for absent voter's ballots. A board shall only mail 2602
an absent voter's ballot application to an elector who has 2603
requested such an application from the board. A board of elections 2604
that mails an absent voter's ballot application to an elector 2605
under this section shall not prepay the return postage for that 2606
application.2607

       Sec. 3509.04. (A) If a director of a board of elections 2608
receives an application for absent voter's ballots that does not 2609
contain all of the required information, the director promptly 2610
shall notify the applicant of the additional information required 2611
to be provided by the applicant to complete that application.2612

       (B) Upon receipt by the director of elections of an 2613
application for absent voter's ballots that contains all of the 2614
required information, as provided by sections 3509.03 and 3509.031 2615
and division (G) of section 3503.16 of the Revised Code, the 2616
director, if the director finds that the applicant is a qualified 2617
elector, shall deliver to the applicant in person or mail directly 2618
to the applicant by special delivery mail, air mail, or regular 2619
mail, postage prepaid, proper absent voter's ballots. The director 2620
shall deliver or mail with the ballots an unsealed identification 2621
envelope upon the face of which shall be printed a form 2622
substantially as follows:2623

"Identification Envelope Statement of Voter
2624

       I, ........................(Name of voter), declare under 2625
penalty of election falsification that the within ballot or 2626
ballots contained no voting marks of any kind when I received 2627
them, and I caused the ballot or ballots to be marked, enclosed in 2628
the identification envelope, and sealed in that envelope.2629

       My voting residence in Ohio is2630

...................................................................2631

(Street and Number, if any, or Rural Route and Number)
2632

of ................................ (City, Village, or Township) 2633
Ohio, which is in Ward ............... Precinct ................ 2634
in that city, village, or township.2635

       The primary election ballots, if any, within this envelope 2636
are primary election ballots of the ............. Party.2637

       Ballots contained within this envelope are to be voted at the 2638
.......... (general, special, or primary) election to be held on 2639
the .......................... day of ......................, ....2640

       My date of birth is ............... (Month and Day), 2641
.......... (Year).2642

       (Voter must provide one of the following:) 2643

       My driver's license number is ............... (Driver's 2644
license number).2645

       The last four digits of my Social Security Number are 2646
............... (Last four digits of Social Security Number).2647

       ...... In lieu of providing a driver's license number or the 2648
last four digits of my Social Security Number, I am enclosing a 2649
copy of one of the following in the return envelope in which this 2650
identification envelope will be mailed: a current and valid photo 2651
identification, a military identification, or a current utility 2652
bill, bank statement, government check, paycheck, or other 2653
government document, other than a notice of an election mailed by 2654
a board of elections under section 3501.19 of the Revised Code or2655
a notice of voter registration mailed by a board of elections, 2656
that shows my name and address.2657

       I hereby declare, under penalty of election falsification, 2658
that the statements above are true, as I verily believe.2659

2660
(Signature of Voter) 2661

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 2662
THE FIFTH DEGREE."2663

       The director shall mail with the ballots and the unsealed 2664
identification envelope an unsealed return envelope upon the face 2665
of which shall be printed the official title and post-office 2666
address of the director. In the upper left corner on the face of 2667
the return envelope, several blank lines shall be printed upon 2668
which the voter may write the voter's name and return address. The 2669
return envelope shall be of such size that the identification 2670
envelope can be conveniently placed within it for returning the 2671
identification envelope to the director. Postage for the return 2672
envelope shall not be prepaid by the board of elections. The 2673
absent voter shall be responsible for paying all required postage 2674
costs to return the marked absent voter's ballot to the board of 2675
elections.2676

       Sec. 3511.09.  Upon receiving uniformed services or overseas 2677
absent voter's ballots, the elector shall cause the questions on 2678
the face of the identification envelope to be answered, and, by 2679
writing the elector's usual signature in the proper place on the 2680
identification envelope, the elector shall declare under penalty 2681
of election falsification that the answers to those questions are 2682
true and correct to the best of the elector's knowledge and 2683
belief. Then, the elector shall note whether there are any voting 2684
marks on the ballot. If there are any voting marks, the ballot 2685
shall be returned immediately to the board of elections; 2686
otherwise, the elector shall cause the ballot to be marked, folded 2687
separately so as to conceal the markings on it, deposited in the 2688
identification envelope, and securely sealed in the identification 2689
envelope. The elector then shall cause the identification envelope 2690
to be placed within the return envelope, sealed in the return 2691
envelope, and mailed to the director of the board of elections to 2692
whom it is addressed, postage prepaid. If the elector does not 2693
provide the elector's driver's license number or the last four 2694
digits of the elector's social security number on the statement of 2695
voter on the identification envelope, the elector also shall 2696
include in the return envelope with the identification envelope a 2697
copy of the elector's current valid photo identification, a copy 2698
of a military identification, or a copy of a current utility bill, 2699
bank statement, government check, paycheck, or other government 2700
document, other than a notice of an election mailed by a board of 2701
elections under section 3501.19 of the Revised Code or a notice of 2702
voter registration mailed by a board of elections under section 2703
3503.19 of the Revised Code, that shows the name and address of 2704
the elector. Each elector who will be outside the United States on 2705
the day of the election shall check the box on the return envelope 2706
indicating this fact and shall mail the return envelope to the 2707
director prior to the close of the polls on election day.2708

       Every uniformed services or overseas absent voter's ballot 2709
identification envelope shall be accompanied by the following 2710
statement in boldface capital letters: WHOEVER COMMITS ELECTION 2711
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.2712

       Sec. 3511.10.  If, after the thirty-fifth day andduring the 2713
time that absent voter's ballots may be cast in person before the 2714
close of the polls on the day of a general or primaryan election, 2715
a valid application for uniformed services or overseas absent 2716
voter's ballots is delivered to the director of the board of 2717
elections at the office of the board by a person making the 2718
application on the person's own behalf, the director shall 2719
forthwith deliver to the person all uniformed services or overseas 2720
absent voter's ballots then ready for use, together with an 2721
identification envelope. The person shall then immediately retire 2722
to a voting booth in the office of the board, and mark the 2723
ballots. The person shall then fold each ballot separately so as 2724
to conceal the person's markings thereon, and deposit all of the 2725
ballots in the identification envelope and securely seal it. 2726
Thereupon the person shall fill in answers to the questions on the 2727
face of the identification envelope, and by writing the person's 2728
usual signature in the proper place thereon, the person shall 2729
declare under penalty of election falsification that the answers 2730
to those questions are true and correct to the best of that 2731
person's knowledge and belief. The person shall then deliver the 2732
identification envelope to the director. If thereafter, and before 2733
the third day preceding such election, the board provides 2734
additional separate official issue or special election ballots, as 2735
provided for in section 3511.04 of the Revised Code, the director 2736
shall promptly, and not later than twelve noon of the third day 2737
preceding the day of election, mail such additional ballots to 2738
such person at the address specified by that person for that 2739
purpose.2740

       In the event any person serving in the armed forces of the 2741
United States is discharged after the closing date of 2742
registration, and that person or that person's spouse, or both, 2743
meets all the other qualifications set forth in section 3511.01 of 2744
the Revised Code, the person or spouse shall be permitted to vote 2745
prior to the date of the election in the office of the board in 2746
the person's or spouse's county, as set forth in this section.2747

       Sec. 3513.12.  At a presidential primary election, which 2748
shall be held on the first Tuesday after the first Monday in March 2749
in the year 2000, and similarly in every fourth year thereafter,2750
delegates and alternates to the national conventions of the 2751
different major political parties shall be chosen by direct vote 2752
of the electors as provided in this chapter. Candidates for 2753
delegate and alternate shall be qualified and the election shall 2754
be conducted in the manner prescribed in this chapter for the 2755
nomination of candidates for state and district offices, except as 2756
provided in section 3513.151 of the Revised Code and except that 2757
whenever any group of candidates for delegate at large or 2758
alternate at large, or any group of candidates for delegates or 2759
alternates from districts, file with the secretary of state 2760
statements as provided by this section, designating the same 2761
persons as their first and second choices for president of the 2762
United States, such a group of candidates may submit a group 2763
petition containing a declaration of candidacy for each of such 2764
candidates. The group petition need be signed only by the number 2765
of electors required for the petition of a single candidate. No 2766
group petition shall be submitted except by a group of candidates 2767
equal in number to the whole number of delegates at large or 2768
alternates at large to be elected or equal in number to the whole 2769
number of delegates or alternates from a district to be elected.2770

       Each person seeking to be elected as delegate or alternate to 2771
the national convention of the person's political party shall file 2772
with the person's declaration of candidacy and certificate a 2773
statement in writing signed by the person in which the person 2774
shall state the person's first and second choices for nomination 2775
as the candidate of the person's party for the presidency of the 2776
United States. The secretary of state shall not permit any 2777
declaration of candidacy and certificate of a candidate for 2778
election as such delegate or alternate to be filed unless 2779
accompanied by such statement in writing. The name of a candidate 2780
for the presidency shall not be so used without the candidate's 2781
written consent.2782

       A person who is a first choice for president of candidates 2783
seeking election as delegates and alternates shall file with the 2784
secretary of state, prior to the day of the election, a list 2785
indicating the order in which certificates of election are to be 2786
issued to delegate or alternate candidates to whose candidacy the 2787
person has consented, if fewer than all of such candidates are 2788
entitled under party rules to be certified as elected. Each 2789
candidate for election as such delegate or alternate may also file 2790
along with the candidate's declaration of candidacy and 2791
certificate a statement in writing signed by the candidate in the 2792
following form:2793

"Statement of Candidate
2794

For Election as ............ (Delegate) (Alternate) to the
2795

............ (name of political party) National Convention
2796

       I hereby declare to the voters of my political party in the 2797
State of Ohio that, if elected as ............ (delegate) 2798
(alternate) to their national party convention, I shall, to the 2799
best of my judgment and ability, support that candidate for 2800
President of the United States who shall have been selected at 2801
this primary by the voters of my party in the manner provided in 2802
Chapter 3513. of the Ohio Revised Code, as their candidate for 2803
such office.2804

........................... (name,), 2805
Candidate for ............. 2806
(Delegate) (Alternate)" 2807

       The procedures for the selection of candidates for delegate 2808
and alternate to the national convention of a political party set 2809
forth in this section and in section 3513.121 of the Revised Code 2810
are alternative procedures, and if the procedures of this section 2811
are followed, the procedures of section 3513.121 of the Revised 2812
Code need not be followed.2813

       Sec. 3513.262.  The nominating petitions of all candidates 2814
required to be filed before four p.m. of the day before the day of 2815
the primary election immediately preceding the general election 2816
shall be processed as follows:2817

       If such petition is filed with the secretary of state, hethe 2818
secretary of state shall, not later than the fifteenth day of June 2819
following the filing of such petition, or if the primary election 2820
was a presidential primary election, not later than the end of the 2821
sixth week after the day of that election, transmit to each board 2822
such separate petition papers as purport to contain signatures of 2823
electors of the county of such board. If such petition is filed 2824
with the board of the most populous county of a district or of a 2825
county in which the major portion of the population of a 2826
subdivision is located, such board shall, not later than the 2827
fifteenth day of June, or if the primary election was a 2828
presidential primary election, not later than the end of the sixth 2829
week after the day of that election, transmit to each board within 2830
such district such separate petition papers of the petition as 2831
purport to contain signatures of electors of the county of such 2832
board.2833

       All petition papers so transmitted to a board and all 2834
nominating petitions filed with a board shall, under proper 2835
regulations, be open to public inspection from the fifteenth day 2836
of June until four p.m. of the thirtieth day of that month, or if 2837
the primary election was a presidential primary election, from the 2838
end of the sixth week after the election until four p.m. of the 2839
end of the seventh week after the election. Each board shall, not 2840
later than the next fifteenth day of July, or if the primary 2841
election was a presidential primary election, not later than the 2842
end of the tenth week after the day of that election, examine and 2843
determine the sufficiency of the signatures on the petition papers 2844
transmitted to or filed with it, and the validity of the petitions 2845
filed with it, and shall return to the secretary of state all 2846
petition papers transmitted to it by himthe secretary of state, 2847
together with its certification of its determination as to the 2848
validity or invalidity of signatures thereon, and shall return to 2849
each other board all petition papers transmitted to it by such 2850
other board, as provided in this section, together with its 2851
certification of its determination as to the validity or 2852
invalidity of signatures thereon. All other matters affecting the 2853
validity or invalidity of such petition papers shall be determined 2854
by the secretary of state or the board with whom such petition 2855
papers were filed.2856

       Written protests against nominating petitions may be filed by 2857
any qualified elector eligible to vote for the candidate whose 2858
nominating petition hethe elector objects to, not later than four 2859
p.m. of the thirtieth day of July, or if the primary election was 2860
a presidential primary election, not later than the end of the 2861
twelfth week after the day of that election. Such protests shall 2862
be filed with the election officials with whom the nominating 2863
petition was filed. Upon the filing of such protest, the election 2864
officials with whom it is filed shall promptly fix the time and 2865
place for hearing it, and shall forthwith mail notice of the 2866
filing of such protest and the time and place for hearing it to 2867
the person whose nomination is protested. They shall also 2868
forthwith mail notice of the time and place fixed for the hearing 2869
to the person who filed the protest. At the time fixed, such 2870
election officials shall hear the protest and determine the 2871
validity or invalidity of the petition. Such determination shall 2872
be final.2873

       A protest against the nominating petition filed by joint 2874
candidates for the offices of governor and lieutenant governor 2875
shall be filed, heard, and determined in the same manner as a 2876
protest against the nominating petition of a candidate who files2877
by himselfindividually.2878

       Section 2.  That existing sections 511.27, 1545.21, 3501.01, 2879
3501.05, 3501.10, 3503.14, 3503.15, 3503.16, 3503.19, 3505.18, 2880
3505.181, 3505.182, 3505.183, 3505.21, 3505.28, 3506.05, 3509.01, 2881
3509.02, 3509.03, 3509.031, 3509.04, 3511.09, 3511.10, 3513.12, 2882
and 3513.262 of the Revised Code are hereby repealed.2883

       Section 3. That sections 3.02, 302.09, 305.02, 503.24, 2884
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code 2885
be amended to read as follows, to make those sections consistent 2886
with the requirements of the Ohio Constitution:2887

       Sec. 3.02.  (A) When an elective office becomes vacant and is 2888
filled by appointment, such appointee shall hold the office until 2889
the appointee's successor is elected and qualified; and such 2890
successor shall be elected for the unexpired term, at the first 2891
general election for the office which is vacant that occurs more 2892
than fifty-sixforty days after the vacancy has occurred; provided 2893
that when the unexpired term ends within one year immediately 2894
following the date of such general election, an election to fill 2895
such unexpired term shall not be held and the appointment shall be 2896
for such unexpired term.2897

       (B) When an elective office becomes vacant and is filled by 2898
appointment, the appointing authority shall, immediately but no 2899
later than seven days after making the appointment, certify it to 2900
the board of elections and to the secretary of state. The board of 2901
elections or, in the case of an appointment to a statewide office, 2902
the secretary of state shall issue a certificate of appointment to 2903
the appointee. Certificates of appointment shall be in such form 2904
as the secretary of state shall prescribe.2905

       (C) When an elected candidate fails to qualify for the office 2906
to which the candidate has been elected, the office shall be 2907
filled as in the case of a vacancy. Until so filled, the incumbent 2908
officer shall continue to hold office. This section does not 2909
postpone the time for such election beyond that at which it would 2910
have been held had no such vacancy occurred, or affect the 2911
official term, or the time for the commencement thereof, of any 2912
person elected to such office before the occurrence of such 2913
vacancy.2914

       Sec. 302.09.  When a vacancy occurs in the board of county 2915
commissioners or in the office of county auditor, county 2916
treasurer, prosecuting attorney, clerk of the court of common 2917
pleas, sheriff, county recorder, county engineer, or coroner more 2918
than fifty-sixforty days before the next general election for 2919
state and county officers, the vacancy shall be filled as provided 2920
for in divisions (A) and (B) of section 305.02 of the Revised 2921
Code.2922

       Sec. 305.02.  (A) If a vacancy in the office of county 2923
commissioner, prosecuting attorney, county auditor, county 2924
treasurer, clerk of the court of common pleas, sheriff, county 2925
recorder, county engineer, or coroner occurs more than fifty-six2926
forty days before the next general election for state and county 2927
officers, a successor shall be elected at such election for the 2928
unexpired term unless such term expires within one year 2929
immediately following the date of such general election.2930

       In either event, the vacancy shall be filled as provided in 2931
this section, and the appointee shall hold office until a 2932
successor is elected and qualified.2933

       (B) If a vacancy occurs from any cause in any of the offices 2934
named in division (A) of this section, the county central 2935
committee of the political party with which the last occupant of 2936
the office was affiliated shall appoint a person to hold the 2937
office and to perform the duties thereof until a successor is 2938
elected and has qualified, except that if such vacancy occurs 2939
because of the death, resignation, or inability to take the office 2940
of an officer-elect whose term has not yet begun, an appointment 2941
to take such office at the beginning of the term shall be made by 2942
the central committee of the political party with which such 2943
officer-elect was affiliated.2944

       (C) Not less than five nor more than forty-five days after a 2945
vacancy occurs, the county central committee shall meet for the 2946
purpose of making an appointment under this section. Not less than 2947
four days before the date of such meeting the chairperson or 2948
secretary of such central committee shall send by first class mail 2949
to every member of such central committee a written notice which 2950
shall state the time and place of such meeting and the purpose 2951
thereof. A majority of the members of the central committee 2952
present at such meeting may make the appointment.2953

       (D) If the last occupant of the office or the officer-elect 2954
was elected as an independent candidate, the board of county 2955
commissioners shall make such appointment at the time when the 2956
vacancy occurs, except where the vacancy is in the office of 2957
county commissioner, in which case the prosecuting attorney and 2958
the remaining commissioners or a majority of them shall make the 2959
appointment.2960

       (E) Appointments made under this section shall be certified 2961
by the appointing county central committee or by the board of 2962
county commissioners to the county board of elections and to the 2963
secretary of state, and the persons so appointed and certified 2964
shall be entitled to all remuneration provided by law for the 2965
offices to which they are appointed.2966

       (F) The board of county commissioners may appoint a person to 2967
hold any of the offices named in division (A) of this section as 2968
an acting officer and to perform the duties thereof between the 2969
occurrence of the vacancy and the time when the officer appointed 2970
by the central committee qualifies and takes the office.2971

       (G) A person appointed prosecuting attorney or assistant 2972
prosecuting attorney shall give bond and take the oath of office 2973
prescribed by section 309.03 of the Revised Code for the 2974
prosecuting attorney.2975

       Sec. 503.24.  If there is a vacancy by reason of the 2976
nonacceptance, death, or removal of a person chosen to an office 2977
in any township at the regular election, or if there is a vacancy 2978
from any other cause, the board of township trustees shall appoint 2979
a person having the qualifications of an elector to fill such 2980
vacancy for the unexpired term or until a successor is elected.2981

       If a township is without a board or if no appointment is made 2982
within thirty days after the occurrence of a vacancy, a majority 2983
of the persons designated as the committee of five on the 2984
last-filed nominating petition of the township officer whose 2985
vacancy is to be filled who are residents of the township shall 2986
appoint a person having the qualifications of an elector to fill 2987
the vacancy for the unexpired term or until a successor is 2988
elected. If at least three of the committee members who are 2989
residents of the township cannot be found, or if that number of 2990
such members fails to make an appointment within ten days after 2991
the thirty-day period in which the board of township trustees is 2992
authorized to make an appointment, then the presiding probate 2993
judge of the county shall appoint a suitable person having the 2994
qualifications of an elector in the township to fill the vacancy 2995
for the unexpired term or until a successor is elected.2996

       If a vacancy occurs in a township elective office more than 2997
fifty-sixforty days before the next general election for 2998
municipal and township officers a successor shall be chosen at 2999
that election to fill the unexpired term, provided the term does 3000
not expire within one year from the day of the election. If the 3001
term expires within one year from the day of the next general 3002
election for municipal and township officers, a successor 3003
appointed pursuant to this section shall serve out the unexpired 3004
term.3005

       Sec. 733.31.  (A) Unless otherwise provided by law, vacancies 3006
arising in appointive and elective offices of villages shall be 3007
filled by appointment by the mayor for the remainder of the 3008
unexpired term, provided that:3009

       (1) Vacancies in the office of mayor shall be filled in the 3010
manner provided by section 733.25 of the Revised Code;3011

       (2) Vacancies in the membership of the legislative authority 3012
shall be filled in the manner provided by section 731.43 of the 3013
Revised Code;3014

       (3) Vacancies in the office of president pro tempore of a 3015
village legislative authority shall be filled in the manner 3016
provided by section 731.11 of the Revised Code.3017

       In the event of a vacancy in the office of village clerk or 3018
treasurer, the mayor may appoint a person to serve as an acting 3019
officer to perform the duties of the office until a permanent 3020
officer is appointed to fill the vacancy.3021

       (B) Unless otherwise provided by law, vacancies arising in 3022
appointive offices of cities shall be filled by appointment by the 3023
mayor for the remainder of the unexpired term.3024

       (C) A vacancy in the office of president of the legislative 3025
authority of a city shall be filled in the same manner as provided 3026
in division (D) of this section. Vacancies in the office of mayor 3027
of a city shall be filled in the manner provided in section 733.08 3028
of the Revised Code. Vacancies in the membership of the 3029
legislative authority of a city shall be filled in the manner 3030
provided in section 731.43 of the Revised Code.3031

       (D) In case of the death, resignation, removal, or disability 3032
of the director of law, auditor, or treasurer of a city and such 3033
vacancy occurs more than fifty-sixforty days before the next 3034
general election for such office, a successor shall be elected at 3035
such election for the unexpired term unless such term expires 3036
within one year immediately following the date of such general 3037
election. In either event, the vacancy shall be filled as provided 3038
in this section and the appointee shall hold office until a 3039
successor is elected and qualified.3040

       (1) The county central committee of the political party with 3041
which the last occupant of the office was affiliated, acting 3042
through its members who reside in the city where the vacancy 3043
occurs, shall appoint a person to hold the office and to perform 3044
the duties thereof until a successor is elected and has qualified, 3045
except that if such vacancy occurs because of the death, 3046
resignation, or inability to take the office of an officer-elect 3047
whose term has not yet begun, an appointment to take such office 3048
at the beginning of the term shall be made by the members of the 3049
central committee who reside in the city where the vacancy occurs.3050

       (2) Not less than five nor more than forty-five days after a 3051
vacancy occurs, the county central committee, acting through its 3052
members who reside in the city where the vacancy occurs, shall 3053
meet for the purpose of making an appointment. Not less than four 3054
days before the date of the meeting the chairperson or secretary 3055
of the central committee shall send by first class mail to every 3056
member of such central committee who resides in the city where the 3057
vacancy occurs a written notice which shall state the time and 3058
place of such meeting and the purpose thereof. A majority of the 3059
members of the central committee present at such meeting may make 3060
the appointment.3061

       (E) If the last occupant of the office or the officer-elect, 3062
as provided in division (D) of this section, was elected as an 3063
independent candidate, the mayor of the city shall make the 3064
appointment at the time the vacancy occurs.3065

       (F) Appointments made under this section shall be certified 3066
by the appointing county central committee or by the mayor of the 3067
municipal corporation to the county board of elections and to the 3068
secretary of state. The persons so appointed and certified shall 3069
be entitled to all remuneration provided by law for the offices to 3070
which they are appointed.3071

       (G) The mayor of the city may appoint a person to hold the 3072
city office of director of law, auditor, or treasurer as an acting 3073
officer and to perform the duties thereof between the occurrence 3074
of the vacancy and the time when the person appointed by the 3075
central committee qualifies and takes the office.3076

       Sec. 1901.10.  (A)(1)(a) The judges of the municipal court 3077
and officers of the court shall take an oath of office as provided 3078
in section 3.23 of the Revised Code. The office of judge of the 3079
municipal court is subject to forfeiture, and the judge may be 3080
removed from office, for the causes and by the procedure provided 3081
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the 3082
office of judge exists upon the death, resignation, forfeiture, 3083
removal from office, or absence from official duties for a period 3084
of six consecutive months, as determined under this section, of 3085
the judge and also by reason of the expiration of the term of an 3086
incumbent when no successor has been elected or qualified. The 3087
chief justice of the supreme court may designate a judge of 3088
another municipal court to act until that vacancy is filled in 3089
accordance with section 107.08 of the Revised Code. A vacancy 3090
resulting from the absence of a judge from official duties for a 3091
period of six consecutive months shall be determined and declared 3092
by the legislative authority.3093

       (b) If a vacancy occurs in the office of judge or clerk of 3094
the municipal court after the one-hundredth day before the first 3095
Tuesday after the first Monday in May and prior to the fifty-sixth3096
fortieth day before the day of the general election, all 3097
candidates for election to the unexpired term of the judge or 3098
clerk shall file nominating petitions with the board of elections 3099
not later than four p.m. on the tenth day following the day on 3100
which the vacancy occurs, except that, when the vacancy occurs 3101
fewer than foursix days before the fifty-sixthfortieth day 3102
before the general election, the deadline for filing shall be four 3103
p.m. on the fiftieththirty-sixth day before the day of the 3104
general election.3105

       (c) Each nominating petition referred to in division 3106
(A)(1)(b) of this section shall be in the form prescribed in 3107
section 3513.261 of the Revised Code and shall be signed by at 3108
least fifty qualified electors of the territory of the municipal 3109
court. No nominating petition shall be accepted for filing or 3110
filed if it appears on its face to contain signatures aggregating 3111
in number more than twice the minimum aggregate number of 3112
signatures required by this section.3113

       (2) If a judge of a municipal court that has only one judge 3114
is temporarily absent, incapacitated, or otherwise unavailable, 3115
the judge may appoint a substitute who has the qualifications 3116
required by section 1901.06 of the Revised Code or a retired judge 3117
of a court of record who is a qualified elector and a resident of 3118
the territory of the court. If the judge is unable to make the 3119
appointment, the chief justice of the supreme court shall appoint 3120
a substitute. The appointee shall serve during the absence, 3121
incapacity, or unavailability of the incumbent, shall have the 3122
jurisdiction and powers conferred upon the judge of the municipal 3123
court, and shall be styled "acting judge." During that time of 3124
service, the acting judge shall sign all process and records and 3125
shall perform all acts pertaining to the office, except that of 3126
removal and appointment of officers of the court. All courts shall 3127
take judicial notice of the selection and powers of the acting 3128
judge. The incumbent judge shall establish the amount of 3129
compensation of an acting judge upon either a per diem, hourly, or 3130
other basis, but the rate of pay shall not exceed the per diem 3131
amount received by the incumbent judge.3132

       (B) When the volume of cases pending in any municipal court 3133
necessitates an additional judge, the chief justice of the supreme 3134
court, upon the written request of the judge or presiding judge of 3135
that municipal court, may designate a judge of another municipal 3136
court or county court to serve for any period of time that the 3137
chief justice may prescribe. The compensation of a judge so 3138
designated shall be paid from the city treasury or, in the case of 3139
a county-operated municipal court, from the county treasury. In 3140
addition to the annual salary provided for in section 1901.11 of 3141
the Revised Code and in addition to any compensation under 3142
division (A)(5) or (6) of section 141.04 of the Revised Code to 3143
which the judge is entitled in connection with the judge's own 3144
court, a full-time or part-time judge while holding court outside 3145
the judge's territory on the designation of the chief justice 3146
shall receive actual and necessary expenses and compensation as 3147
follows:3148

       (1) A full-time judge shall receive thirty dollars for each 3149
day of the assignment.3150

       (2) A part-time judge shall receive for each day of the 3151
assignment the per diem compensation of the judges of the court to 3152
which the judge is assigned, less the per diem amount paid to 3153
those judges pursuant to section 141.04 of the Revised Code, 3154
calculated on the basis of two hundred fifty working days per 3155
year.3156

       If a request is made by a judge or the presiding judge of a 3157
municipal court to designate a judge of another municipal court 3158
because of the volume of cases in the court for which the request 3159
is made and the chief justice reports, in writing, that no 3160
municipal or county court judge is available to serve by 3161
designation, the judges of the court requesting the designation 3162
may appoint a substitute as provided in division (A)(2) of this 3163
section, who may serve for any period of time that is prescribed 3164
by the chief justice. The substitute judge shall be paid in the 3165
same manner and at the same rate as the incumbent judges, except 3166
that, if the substitute judge is entitled to compensation under 3167
division (A)(5) or (6) of section 141.04 of the Revised Code, then 3168
section 1901.121 of the Revised Code shall govern its payment.3169

       Sec. 2301.02.  The number of judges of the court of common 3170
pleas for each county, the time for the next election of the 3171
judges in the several counties, and the beginning of their terms 3172
shall be as follows:3173

       (A) In Adams, Ashland, Fayette, and Pike counties, one judge, 3174
elected in 1956, term to begin February 9, 1957;3175

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 3176
Ottawa, and Union counties, one judge, to be elected in 1954, term 3177
to begin February 9, 1955;3178

       In Auglaize county, one judge, to be elected in 1956, term to 3179
begin January 9, 1957;3180

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 3181
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and 3182
Wyandot counties, one judge, to be elected in 1956, term to begin 3183
January 1, 1957;3184

       In Morrow county, two judges, one to be elected in 1956, term 3185
to begin January 1, 1957, and one to be elected in 2006, term to 3186
begin January 1, 2007;3187

       In Logan county, two judges, one to be elected in 1956, term 3188
to begin January 1, 1957, and one to be elected in 2004, term to 3189
begin January 2, 2005;3190

       In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, 3191
Shelby, Van Wert, and Williams counties, one judge, to be elected 3192
in 1952, term to begin January 1, 1953;3193

       In Champaign county, two judges, one to be elected in 1952, 3194
term to begin January 1, 1953, and one to be elected in 2008, term 3195
to begin February 10, 2009.3196

       In Harrison and Noble counties, one judge, to be elected in 3197
1954, term to begin April 18, 1955;3198

       In Henry county, two judges, one to be elected in 1956, term 3199
to begin May 9, 1957, and one to be elected in 2004, term to begin 3200
January 1, 2005;3201

       In Putnam county, one judge, to be elected in 1956, term to 3202
begin May 9, 1957;3203

       In Huron county, one judge, to be elected in 1952, term to 3204
begin May 14, 1953;3205

       In Perry county, one judge, to be elected in 1954, term to 3206
begin July 6, 1956;3207

       In Sandusky county, two judges, one to be elected in 1954, 3208
term to begin February 10, 1955, and one to be elected in 1978, 3209
term to begin January 1, 1979;3210

       (B) In Allen county, three judges, one to be elected in 1956, 3211
term to begin February 9, 1957, the second to be elected in 1958, 3212
term to begin January 1, 1959, and the third to be elected in 3213
1992, term to begin January 1, 1993;3214

       In Ashtabula county, three judges, one to be elected in 1954, 3215
term to begin February 9, 1955, one to be elected in 1960, term to 3216
begin January 1, 1961, and one to be elected in 1978, term to 3217
begin January 2, 1979;3218

       In Athens county, two judges, one to be elected in 1954, term 3219
to begin February 9, 1955, and one to be elected in 1990, term to 3220
begin July 1, 1991;3221

       In Erie county, four judges, one to be elected in 1956, term 3222
to begin January 1, 1957, the second to be elected in 1970, term 3223
to begin January 2, 1971, the third to be elected in 2004, term to 3224
begin January 2, 2005, and the fourth to be elected in 2008, term 3225
to begin February 9, 2009;3226

       In Fairfield county, three judges, one to be elected in 1954, 3227
term to begin February 9, 1955, the second to be elected in 1970, 3228
term to begin January 1, 1971, and the third to be elected in 3229
1994, term to begin January 2, 1995;3230

       In Geauga county, two judges, one to be elected in 1956, term 3231
to begin January 1, 1957, and the second to be elected in 1976, 3232
term to begin January 6, 1977;3233

       In Greene county, four judges, one to be elected in 1956, 3234
term to begin February 9, 1957, the second to be elected in 1960, 3235
term to begin January 1, 1961, the third to be elected in 1978, 3236
term to begin January 2, 1979, and the fourth to be elected in 3237
1994, term to begin January 1, 1995;3238

       In Hancock county, two judges, one to be elected in 1952, 3239
term to begin January 1, 1953, and the second to be elected in 3240
1978, term to begin January 1, 1979;3241

       In Lawrence county, two judges, one to be elected in 1954, 3242
term to begin February 9, 1955, and the second to be elected in 3243
1976, term to begin January 1, 1977;3244

       In Marion county, three judges, one to be elected in 1952, 3245
term to begin January 1, 1953, the second to be elected in 1976, 3246
term to begin January 2, 1977, and the third to be elected in 3247
1998, term to begin February 9, 1999;3248

       In Medina county, three judges, one to be elected in 1956, 3249
term to begin January 1, 1957, the second to be elected in 1966, 3250
term to begin January 1, 1967, and the third to be elected in 3251
1994, term to begin January 1, 1995;3252

       In Miami county, two judges, one to be elected in 1954, term 3253
to begin February 9, 1955, and one to be elected in 1970, term to 3254
begin on January 1, 1971;3255

       In Muskingum county, three judges, one to be elected in 1968, 3256
term to begin August 9, 1969, one to be elected in 1978, term to 3257
begin January 1, 1979, and one to be elected in 2002, term to 3258
begin January 2, 2003;3259

       In Portage county, three judges, one to be elected in 1956, 3260
term to begin January 1, 1957, the second to be elected in 1960, 3261
term to begin January 1, 1961, and the third to be elected in 3262
1986, term to begin January 2, 1987;3263

       In Ross county, two judges, one to be elected in 1956, term 3264
to begin February 9, 1957, and the second to be elected in 1976, 3265
term to begin January 1, 1977;3266

       In Scioto county, three judges, one to be elected in 1954, 3267
term to begin February 10, 1955, the second to be elected in 1960, 3268
term to begin January 1, 1961, and the third to be elected in 3269
1994, term to begin January 2, 1995;3270

       In Seneca county, two judges, one to be elected in 1956, term 3271
to begin January 1, 1957, and the second to be elected in 1986, 3272
term to begin January 2, 1987;3273

       In Warren county, four judges, one to be elected in 1954, 3274
term to begin February 9, 1955, the second to be elected in 1970, 3275
term to begin January 1, 1971, the third to be elected in 1986, 3276
term to begin January 1, 1987, and the fourth to be elected in 3277
2004, term to begin January 2, 2005;3278

       In Washington county, two judges, one to be elected in 1952, 3279
term to begin January 1, 1953, and one to be elected in 1986, term 3280
to begin January 1, 1987;3281

       In Wood county, three judges, one to be elected in 1968, term 3282
beginning January 1, 1969, the second to be elected in 1970, term 3283
to begin January 2, 1971, and the third to be elected in 1990, 3284
term to begin January 1, 1991;3285

       In Belmont and Jefferson counties, two judges, to be elected 3286
in 1954, terms to begin January 1, 1955, and February 9, 1955, 3287
respectively;3288

       In Clark county, four judges, one to be elected in 1952, term 3289
to begin January 1, 1953, the second to be elected in 1956, term 3290
to begin January 2, 1957, the third to be elected in 1986, term to 3291
begin January 3, 1987, and the fourth to be elected in 1994, term 3292
to begin January 2, 1995.3293

       In Clermont county, five judges, one to be elected in 1956, 3294
term to begin January 1, 1957, the second to be elected in 1964, 3295
term to begin January 1, 1965, the third to be elected in 1982, 3296
term to begin January 2, 1983, the fourth to be elected in 1986, 3297
term to begin January 2, 1987; and the fifth to be elected in 3298
2006, term to begin January 3, 2007;3299

       In Columbiana county, two judges, one to be elected in 1952, 3300
term to begin January 1, 1953, and the second to be elected in 3301
1956, term to begin January 1, 1957;3302

       In Delaware county, two judges, one to be elected in 1990, 3303
term to begin February 9, 1991, the second to be elected in 1994, 3304
term to begin January 1, 1995;3305

       In Lake county, six judges, one to be elected in 1958, term 3306
to begin January 1, 1959, the second to be elected in 1960, term 3307
to begin January 2, 1961, the third to be elected in 1964, term to 3308
begin January 3, 1965, the fourth and fifth to be elected in 1978, 3309
terms to begin January 4, 1979, and January 5, 1979, respectively, 3310
and the sixth to be elected in 2000, term to begin January 6, 3311
2001;3312

       In Licking county, four judges, one to be elected in 1954, 3313
term to begin February 9, 1955, one to be elected in 1964, term to 3314
begin January 1, 1965, one to be elected in 1990, term to begin 3315
January 1, 1991, and one to be elected in 2004, term to begin 3316
January 1, 2005;3317

       In Lorain county, nine judges, two to be elected in 1952, 3318
terms to begin January 1, 1953, and January 2, 1953, respectively, 3319
one to be elected in 1958, term to begin January 3, 1959, one to 3320
be elected in 1968, term to begin January 1, 1969, two to be 3321
elected in 1988, terms to begin January 4, 1989, and January 5, 3322
1989, respectively, two to be elected in 1998, terms to begin 3323
January 2, 1999, and January 3, 1999, respectively; and one to be 3324
elected in 2006, term to begin January 6, 2007; 3325

       In Butler county, eleven judges, one to be elected in 1956, 3326
term to begin January 1, 1957; two to be elected in 1954, terms to 3327
begin January 1, 1955, and February 9, 1955, respectively; one to 3328
be elected in 1968, term to begin January 2, 1969; one to be 3329
elected in 1986, term to begin January 3, 1987; two to be elected 3330
in 1988, terms to begin January 1, 1989, and January 2, 1989, 3331
respectively; one to be elected in 1992, term to begin January 4, 3332
1993; two to be elected in 2002, terms to begin January 2, 2003, 3333
and January 3, 2003, respectively; and one to be elected in 2006, 3334
term to begin January 3, 2007;3335

       In Richland county, four judges, one to be elected in 1956, 3336
term to begin January 1, 1957, the second to be elected in 1960, 3337
term to begin February 9, 1961, the third to be elected in 1968, 3338
term to begin January 2, 1969, and the fourth to be elected in 3339
2004, term to begin January 3, 2005;3340

       In Tuscarawas county, two judges, one to be elected in 1956, 3341
term to begin January 1, 1957, and the second to be elected in 3342
1960, term to begin January 2, 1961;3343

       In Wayne county, two judges, one to be elected in 1956, term 3344
beginning January 1, 1957, and one to be elected in 1968, term to 3345
begin January 2, 1969;3346

       In Trumbull county, six judges, one to be elected in 1952, 3347
term to begin January 1, 1953, the second to be elected in 1954, 3348
term to begin January 1, 1955, the third to be elected in 1956, 3349
term to begin January 1, 1957, the fourth to be elected in 1964, 3350
term to begin January 1, 1965, the fifth to be elected in 1976, 3351
term to begin January 2, 1977, and the sixth to be elected in 3352
1994, term to begin January 3, 1995;3353

       (C) In Cuyahoga county, thirty-nine judges; eight to be 3354
elected in 1954, terms to begin on successive days beginning from 3355
January 1, 1955, to January 7, 1955, and February 9, 1955, 3356
respectively; eight to be elected in 1956, terms to begin on 3357
successive days beginning from January 1, 1957, to January 8, 3358
1957; three to be elected in 1952, terms to begin from January 1, 3359
1953, to January 3, 1953; two to be elected in 1960, terms to 3360
begin on January 8, 1961, and January 9, 1961, respectively; two 3361
to be elected in 1964, terms to begin January 4, 1965, and January 3362
5, 1965, respectively; one to be elected in 1966, term to begin on 3363
January 10, 1967; four to be elected in 1968, terms to begin on 3364
successive days beginning from January 9, 1969, to January 12, 3365
1969; two to be elected in 1974, terms to begin on January 18, 3366
1975, and January 19, 1975, respectively; five to be elected in 3367
1976, terms to begin on successive days beginning January 6, 1977, 3368
to January 10, 1977; two to be elected in 1982, terms to begin 3369
January 11, 1983, and January 12, 1983, respectively; and two to 3370
be elected in 1986, terms to begin January 13, 1987, and January 3371
14, 1987, respectively;3372

       In Franklin county, twenty-two judges; two to be elected in 3373
1954, terms to begin January 1, 1955, and February 9, 1955, 3374
respectively; four to be elected in 1956, terms to begin January 3375
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 3376
begin January 1, 1959, to January 4, 1959; three to be elected in 3377
1968, terms to begin January 5, 1969, to January 7, 1969; three to 3378
be elected in 1976, terms to begin on successive days beginning 3379
January 5, 1977, to January 7, 1977; one to be elected in 1982, 3380
term to begin January 8, 1983; one to be elected in 1986, term to 3381
begin January 9, 1987; two to be elected in 1990, terms to begin 3382
July 1, 1991, and July 2, 1991, respectively; one to be elected in 3383
1996, term to begin January 2, 1997; and one to be elected in 3384
2004, term to begin July 1, 2005;3385

       In Hamilton county, twenty-one judges; eight to be elected in 3386
1966, terms to begin January 1, 1967, January 2, 1967, and from 3387
February 9, 1967, to February 14, 1967, respectively; five to be 3388
elected in 1956, terms to begin from January 1, 1957, to January 3389
5, 1957; one to be elected in 1964, term to begin January 1, 1965; 3390
one to be elected in 1974, term to begin January 15, 1975; one to 3391
be elected in 1980, term to begin January 16, 1981; two to be 3392
elected at large in the general election in 1982, terms to begin 3393
April 1, 1983; one to be elected in 1990, term to begin July 1, 3394
1991; and two to be elected in 1996, terms to begin January 3, 3395
1997, and January 4, 1997, respectively;3396

       In Lucas county, fourteen judges; two to be elected in 1954, 3397
terms to begin January 1, 1955, and February 9, 1955, 3398
respectively; two to be elected in 1956, terms to begin January 1, 3399
1957, and October 29, 1957, respectively; two to be elected in 3400
1952, terms to begin January 1, 1953, and January 2, 1953, 3401
respectively; one to be elected in 1964, term to begin January 3, 3402
1965; one to be elected in 1968, term to begin January 4, 1969; 3403
two to be elected in 1976, terms to begin January 4, 1977, and 3404
January 5, 1977, respectively; one to be elected in 1982, term to 3405
begin January 6, 1983; one to be elected in 1988, term to begin 3406
January 7, 1989; one to be elected in 1990, term to begin January 3407
2, 1991; and one to be elected in 1992, term to begin January 2, 3408
1993;3409

       In Mahoning county, seven judges; three to be elected in 3410
1954, terms to begin January 1, 1955, January 2, 1955, and 3411
February 9, 1955, respectively; one to be elected in 1956, term to 3412
begin January 1, 1957; one to be elected in 1952, term to begin 3413
January 1, 1953; one to be elected in 1968, term to begin January 3414
2, 1969; and one to be elected in 1990, term to begin July 1, 3415
1991;3416

       In Montgomery county, fifteen judges; three to be elected in 3417
1954, terms to begin January 1, 1955, January 2, 1955, and January 3418
3, 1955, respectively; four to be elected in 1952, terms to begin 3419
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, 3420
respectively; one to be elected in 1964, term to begin January 3, 3421
1965; one to be elected in 1968, term to begin January 3, 1969; 3422
three to be elected in 1976, terms to begin on successive days 3423
beginning January 4, 1977, to January 6, 1977; two to be elected 3424
in 1990, terms to begin July 1, 1991, and July 2, 1991, 3425
respectively; and one to be elected in 1992, term to begin January 3426
1, 1993.3427

       In Stark county, eight judges; one to be elected in 1958, 3428
term to begin on January 2, 1959; two to be elected in 1954, terms 3429
to begin on January 1, 1955, and February 9, 1955, respectively; 3430
two to be elected in 1952, terms to begin January 1, 1953, and 3431
April 16, 1953, respectively; one to be elected in 1966, term to 3432
begin on January 4, 1967; and two to be elected in 1992, terms to 3433
begin January 1, 1993, and January 2, 1993, respectively;3434

       In Summit county, thirteen judges; four to be elected in 3435
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 3436
1955, and February 9, 1955, respectively; three to be elected in 3437
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, 3438
1959, respectively; one to be elected in 1966, term to begin 3439
January 4, 1967; one to be elected in 1968, term to begin January 3440
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one 3441
to be elected in 1992, term to begin January 6, 1993; and two to 3442
be elected in 2008, terms to begin January 5, 2009, and January 6, 3443
2009, respectively.3444

       Notwithstanding the foregoing provisions, in any county 3445
having two or more judges of the court of common pleas, in which 3446
more than one-third of the judges plus one were previously elected 3447
at the same election, if the office of one of those judges so 3448
elected becomes vacant more than fifty-sixforty days prior to the 3449
second general election preceding the expiration of that judge's 3450
term, the office that that judge had filled shall be abolished as 3451
of the date of the next general election, and a new office of 3452
judge of the court of common pleas shall be created. The judge who 3453
is to fill that new office shall be elected for a six-year term at 3454
the next general election, and the term of that judge shall 3455
commence on the first day of the year following that general 3456
election, on which day no other judge's term begins, so that the 3457
number of judges that the county shall elect shall not be reduced.3458

       Judges of the probate division of the court of common pleas 3459
are judges of the court of common pleas but shall be elected 3460
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 3461
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot 3462
counties in which the judge of the court of common pleas elected 3463
pursuant to this section also shall serve as judge of the probate 3464
division, except in Lorain county in which the judges of the 3465
domestic relations division of the Lorain county court of common 3466
pleas elected pursuant to this section also shall perform the 3467
duties and functions of the judge of the probate division from 3468
February 9, 2009, through September 28, 2009, and except in Morrow 3469
county in which the judges of the court of common pleas elected 3470
pursuant to this section also shall perform the duties and 3471
functions of the judge of the probate division.3472

       Sec. 3501.02.  General elections in the state and its 3473
political subdivisions shall be held as follows:3474

       (A) For the election of electors of president and 3475
vice-president of the United States, in the year of 1932 and every 3476
four years thereafter;3477

       (B) For the election of a member of the senate of the United 3478
States, in the years 1932 and 1934, and every six years after each 3479
of such years; except as otherwise provided for filling vacancies;3480

       (C) For the election of representatives in the congress of 3481
the United States and of elective state and county officers 3482
including elected members of the state board of education, in the 3483
even-numbered years; except as otherwise provided for filling 3484
vacancies;3485

       (D) For municipal and township officers, members of boards of 3486
education, judges and clerks of municipal courts, in the 3487
odd-numbered years;3488

       (E)(1) Proposed constitutional amendments or proposed 3489
measures submitted by the general assembly or by initiative or 3490
referendum petitions to the voters of the state at large may be 3491
submitted to the general election in any year occurring at least 3492
sixty days, in case of a referendum, and ninetyone hundred 3493
twenty-five days, in the case of an initiated measure, subsequent 3494
to the filing of the petitions therefor. Proposed3495

       (2) Proposed constitutional amendments submitted by the 3496
general assembly to the voters of the state at large may be 3497
submitted at a special election or general election in any year 3498
occurring at least ninety days after the resolution is filed with 3499
the secretary of state. The proposed constitutional amendment may 3500
be submitted to the voters at a special election occurring on the 3501
day in any year specified by division (E) of section 3501.01 of 3502
the Revised Code for the holding of a primary election, whenif a 3503
special election on that date is designated by the general 3504
assembly in the resolution adopting the proposed constitutional 3505
amendment.3506

       No special election shall be held on a day other than the day 3507
of a general election, unless a law or charter provides otherwise, 3508
regarding the submission of a question or issue to the voters of a 3509
county, township, city, village, or school district.3510

       (F)(1) Notwithstanding any provision of the Revised Code to 3511
the contrary, any question or issue, except a candidacy, to be 3512
voted upon at an election shall be certified, for placement upon 3513
the ballot, to the board of elections not later than four p.m. of 3514
the ninetieth day before the day of the election.3515

       (2) Any question or issue that is certified for placement on 3516
a ballot on or after the effective date of this amendmentJuly 2, 3517
2010, shall be certified not later than the ninetieth day before 3518
the day of the applicable election, notwithstanding any deadlines 3519
appearing in any section of the Revised Code governing the 3520
placement of that question or issue on the ballot.3521

       Sec. 3513.31.  (A) If a person nominated in a primary 3522
election as a candidate for election at the next general election, 3523
whose candidacy is to be submitted to the electors of the entire 3524
state, withdraws as that candidate or is disqualified as that 3525
candidate under section 3513.052 of the Revised Code, the vacancy 3526
in the party nomination so created may be filled by the state 3527
central committee of the major political party that made the 3528
nomination at the primary election, if the committee's chairperson 3529
and secretary certify the name of the person selected to fill the 3530
vacancy by the time specified in this division, at a meeting 3531
called for that purpose. The meeting shall be called by the 3532
chairperson of that committee, who shall give each member of the 3533
committee at least two days' notice of the time, place, and 3534
purpose of the meeting. If a majority of the members of the 3535
committee are present at the meeting, a majority of those present 3536
may select a person to fill the vacancy. The chairperson and 3537
secretary of the meeting shall certify in writing and under oath 3538
to the secretary of state, not later than the eighty-sixth day 3539
before the day of the general election, the name of the person 3540
selected to fill the vacancy. The certification must be 3541
accompanied by the written acceptance of the nomination by the 3542
person whose name is certified. A vacancy that may be filled by an 3543
intermediate or minor political party shall be filled in 3544
accordance with the party's rules by authorized officials of the 3545
party. Certification must be made as in the manner provided for a 3546
major political party.3547

       (B) If a person nominated in a primary election as a party 3548
candidate for election at the next general election, whose 3549
candidacy is to be submitted to the electors of a district 3550
comprised of more than one county but less than all of the 3551
counties of the state, withdraws as that candidate or is 3552
disqualified as that candidate under section 3513.052 of the 3553
Revised Code, the vacancy in the party nomination so created may 3554
be filled by a district committee of the major political party 3555
that made the nomination at the primary election, if the 3556
committee's chairperson and secretary certify the name of the 3557
person selected to fill the vacancy by the time specified in this 3558
division, at a meeting called for that purpose. The district 3559
committee shall consist of the chairperson and secretary of the 3560
county central committee of such political party in each county in 3561
the district. The district committee shall be called by the 3562
chairperson of the county central committee of such political 3563
party of the most populous county in the district, who shall give 3564
each member of the district committee at least two days' notice of 3565
the time, place, and purpose of the meeting. If a majority of the 3566
members of the district committee are present at the district 3567
committee meeting, a majority of those present may select a person 3568
to fill the vacancy. The chairperson and secretary of the meeting 3569
shall certify in writing and under oath to the board of elections 3570
of the most populous county in the district, not later than four 3571
p.m. of the eighty-sixth day before the day of the general 3572
election, the name of the person selected to fill the vacancy. The 3573
certification must be accompanied by the written acceptance of the 3574
nomination by the person whose name is certified. A vacancy that 3575
may be filled by an intermediate or minor political party shall be 3576
filled in accordance with the party's rules by authorized 3577
officials of the party. Certification must be made as in the 3578
manner provided for a major political party.3579

       (C) If a person nominated in a primary election as a party 3580
candidate for election at the next general election, whose 3581
candidacy is to be submitted to the electors of a county, 3582
withdraws as that candidate or is disqualified as that candidate 3583
under section 3513.052 of the Revised Code, the vacancy in the 3584
party nomination so created may be filled by the county central 3585
committee of the major political party that made the nomination at 3586
the primary election, or by the county executive committee if so 3587
authorized, if the committee's chairperson and secretary certify 3588
the name of the person selected to fill the vacancy by the time 3589
specified in this division, at a meeting called for that purpose. 3590
The meeting shall be called by the chairperson of that committee, 3591
who shall give each member of the committee at least two days' 3592
notice of the time, place, and purpose of the meeting. If a 3593
majority of the members of the committee are present at the 3594
meeting, a majority of those present may select a person to fill 3595
the vacancy. The chairperson and secretary of the meeting shall 3596
certify in writing and under oath to the board of that county, not 3597
later than four p.m. of the eighty-sixth day before the day of the 3598
general election, the name of the person selected to fill the 3599
vacancy. The certification must be accompanied by the written 3600
acceptance of the nomination by the person whose name is 3601
certified. A vacancy that may be filled by an intermediate or 3602
minor political party shall be filled in accordance with the 3603
party's rules by authorized officials of the party. Certification 3604
must be made as in the manner provided for a major political 3605
party.3606

       (D) If a person nominated in a primary election as a party 3607
candidate for election at the next general election, whose 3608
candidacy is to be submitted to the electors of a district within 3609
a county, withdraws as that candidate or is disqualified as that 3610
candidate under section 3513.052 of the Revised Code, the vacancy 3611
in the party nomination so created may be filled by a district 3612
committee consisting of those members of the county central 3613
committee or, if so authorized, those members of the county 3614
executive committee in that county of the major political party 3615
that made the nomination at the primary election who represent the 3616
precincts or the wards and townships within the district, if the 3617
committee's chairperson and secretary certify the name of the 3618
person selected to fill the vacancy by the time specified in this 3619
division, at a meeting called for that purpose. The district 3620
committee meeting shall be called by the chairperson of the county 3621
central committee or executive committee, as appropriate, who 3622
shall give each member of the district committee at least two 3623
days' notice of the time, place, and purpose of the meeting. If a 3624
majority of the members of the district committee are present at 3625
the district committee meeting, a majority of those present may 3626
select a person to fill the vacancy. The chairperson and secretary 3627
of the district committee meeting shall certify in writing and 3628
under oath to the board of the county, not later than four p.m. of 3629
the eighty-sixth day before the day of the general election, the 3630
name of the person selected to fill the vacancy. The certification 3631
must be accompanied by the written acceptance of the nomination by 3632
the person whose name is certified. A vacancy that may be filled 3633
by an intermediate or minor political party shall be filled in 3634
accordance with the party's rules by authorized officials of the 3635
party. Certification must be made as in the manner provided for a 3636
major political party.3637

       (E) If a person nominated in a primary election as a party 3638
candidate for election at the next general election, whose 3639
candidacy is to be submitted to the electors of a subdivision 3640
within a county, withdraws as that candidate or is disqualified as 3641
that candidate under section 3513.052 of the Revised Code, the 3642
vacancy in the party nomination so created may be filled by a 3643
subdivision committee consisting of those members of the county 3644
central committee or, if so authorized, those members of the 3645
county executive committee in that county of the major political 3646
party that made the nomination at that primary election who 3647
represent the precincts or the wards and townships within that 3648
subdivision, if the committee's chairperson and secretary certify 3649
the name of the person selected to fill the vacancy by the time 3650
specified in this division, at a meeting called for that purpose.3651

       The subdivision committee meeting shall be called by the 3652
chairperson of the county central committee or executive 3653
committee, as appropriate, who shall give each member of the 3654
subdivision committee at least two days' notice of the time, 3655
place, and purpose of the meeting. If a majority of the members of 3656
the subdivision committee are present at the subdivision committee 3657
meeting, a majority of those present may select a person to fill 3658
the vacancy. The chairperson and secretary of the subdivision 3659
committee meeting shall certify in writing and under oath to the 3660
board of the county, not later than four p.m. of the eighty-sixth 3661
day before the day of the general election, the name of the person 3662
selected to fill the vacancy. The certification must be 3663
accompanied by the written acceptance of the nomination by the 3664
person whose name is certified. A vacancy that may be filled by an 3665
intermediate or minor political party shall be filled in 3666
accordance with the party's rules by authorized officials of the 3667
party. Certification must be made in the manner provided for a 3668
major political party.3669

       (F) If a person nominated by petition as an independent or 3670
nonpartisan candidate for election at the next general election 3671
withdraws as that candidate or is disqualified as that candidate 3672
under section 3513.052 of the Revised Code, the vacancy so created 3673
may be filled by a majority of the committee of five, as 3674
designated on the candidate's nominating petition, if a member of 3675
that committee certifies in writing and under oath to the election 3676
officials with whom the candidate filed the candidate's nominating 3677
petition, not later than the eighty-sixth day before the day of 3678
the general election, the name of the person selected to fill the 3679
vacancy. The certification shall be accompanied by the written 3680
acceptance of the nomination by the person whose name is certified 3681
and shall be made in the manner provided for a major political 3682
party.3683

       (G) If a person nominated in a primary election as a party 3684
candidate for election at the next general election dies, the 3685
vacancy so created may be filled by the same committee in the same 3686
manner as provided in this section for the filling of similar 3687
vacancies created by withdrawals or disqualifications under 3688
section 3513.052 of the Revised Code, except that the 3689
certification, when filling a vacancy created by death, may not be 3690
filed with the secretary of state, or with a board of the most 3691
populous county of a district, or with the board of a county in 3692
which the major portion of the population of a subdivision is 3693
located, later than four p.m. of the tenth day before the day of 3694
such general election, or with any other board later than four 3695
p.m. of the fifth day before the day of such general election.3696

       (H) If a person nominated by petition as an independent or 3697
nonpartisan candidate for election at the next general election 3698
dies prior to the tenth day before the day of that general 3699
election, the vacancy so created may be filled by a majority of 3700
the committee of five designated in the nominating petition to 3701
represent the candidate named in it. To fill the vacancy a member 3702
of the committee shall, not later than four p.m. of the fifth day 3703
before the day of the general election, file with the election 3704
officials with whom the petition nominating the person was filed, 3705
a certificate signed and sworn to under oath by a majority of the 3706
members, designating the person they select to fill the vacancy. 3707
The certification must be accompanied by the written acceptance of 3708
the nomination by the person whose name is so certified.3709

       (I) If a person holding an elective office dies or resigns 3710
subsequent to the one hundred fifteenth day before the day of a 3711
primary election and prior to the eighty-sixth day before the day 3712
of the next general election, and if, under the laws of this 3713
state, a person may be elected at that general election to fill 3714
the unexpired term of the person who has died or resigned, the 3715
appropriate committee of each political party, acting as in the 3716
case of a vacancy in a party nomination, as provided in divisions 3717
(A) to (D) of this section, may select a person as the party 3718
candidate for election for such unexpired term at that general 3719
election, and certify the person's name to the appropriate 3720
election official not later than four p.m. on the eighty-sixth day 3721
before the day of that general election, or on the tenth day 3722
following the day on which the vacancy occurs, whichever is later. 3723
When the vacancy occurs on or subsequent to the eighty-sixth day 3724
and six or more days prior to the fifty-sixthfortieth day before 3725
the general election, the appropriate committee may select a 3726
person as the party candidate and certify the person's name, as 3727
provided in the preceding sentence, not later than four p.m. on 3728
the fiftiethtenth day following the day on which the vacancy 3729
occurs. When the vacancy occurs fewer than six days before the 3730
fortieth day before the general election, the deadline for filing 3731
shall be four p.m. on the thirty-sixth day before the general 3732
election. Thereupon the name shall be printed as the party 3733
candidate under proper titles and in the proper place on the 3734
proper ballots for use at the election. If a person has been 3735
nominated in a primary election, the authorized committee of that 3736
political party shall not select and certify a person as the party 3737
candidate.3738

       (J) Each person desiring to become an independent candidate 3739
to fill the unexpired term shall file a statement of candidacy and 3740
nominating petition, as provided in section 3513.261 of the 3741
Revised Code, with the appropriate election official not later 3742
than four p.m. on the tenth day following the day on which the 3743
vacancy occurs, provided that when the vacancy occurs fewer than 3744
six days before the fifty-sixth day before the general election, 3745
the deadline for filing shall be four p.m. on the fiftieth day 3746
before the general election. The nominating petition shall contain 3747
at least seven hundred fifty signatures and no more than one 3748
thousand five hundred signatures of qualified electors of the 3749
district, political subdivision, or portion of a political 3750
subdivision in which the office is to be voted upon, or the amount 3751
provided for in section 3513.257 of the Revised Code, whichever is 3752
less.3753

       (K) When a person nominated as a candidate by a political 3754
party in a primary election or by nominating petition for an 3755
elective office for which candidates are nominated at a party 3756
primary election withdraws, dies, or is disqualified under section 3757
3513.052 of the Revised Code prior to the general election, the 3758
appropriate committee of any other major political party or 3759
committee of five that has not nominated a candidate for that 3760
office, or whose nominee as a candidate for that office has 3761
withdrawn, died, or been disqualified without the vacancy so 3762
created having been filled, may, acting as in the case of a 3763
vacancy in a party nomination or nomination by petition as 3764
provided in divisions (A) to (F) of this section, whichever is 3765
appropriate, select a person as a candidate of that party or of 3766
that committee of five for election to the office.3767

       Section 4. That existing sections 3.02, 302.09, 305.02, 3768
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the 3769
Revised Code are hereby repealed.3770