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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 or | 605 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 3503.19. (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 |
(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 |
"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 |
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 |
(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 reasons | 1251 |
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 |
(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 |
(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 addresssignature | 1286 |
in the poll list or signature pollbook, the elector may make the | 1287 |
elector's mark at the place intended for the elector's name | 1288 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
...... 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 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 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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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. Any | 1915 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
...... 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 or | 2655 |
a notice of voter registration mailed by a board of elections, | 2656 |
that shows my name and address. | 2657 |
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 |
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 |
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 |
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 |
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 |
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-six | 2926 |
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 |
(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 |
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 |
(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 |
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-sixth | 3096 |
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 |
(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 |
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 |
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 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 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 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 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 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 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 |
(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.
Proposed | 3495 |
(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 |
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 |