As Pending in the House State Government and Elections Committee (LSC 0892-13)

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 194

Representatives Mecklenborg, Blessing 

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A BILL

To amend sections 3.02, 111.27, 302.09, 305.02,

1

503.24, 511.27, 733.31, 1545.21, 1901.10, 2301.02,

2

3501.01, 3501.02, 3501.05, 3501.051, 3501.10,

3

3501.13, 3501.17, 3501.22, 3501.26, 3501.27,

4

3501.28, 3501.29, 3501.30, 3501.31, 3501.32,

5

3501.33, 3501.35, 3501.37, 3501.38, 3503.02,

6

3503.06, 3503.14, 3503.15, 3503.16, 3503.18,

7

3503.19, 3503.21, 3503.26, 3503.28, 3505.11,

8

3505.17, 3505.18, 3505.181, 3505.182, 3505.183,

9

3505.20, 3505.21, 3505.23, 3505.24, 3505.26,

10

3505.28, 3505.29, 3505.30, 3505.31, 3506.05,

11

3506.12, 3506.15, 3509.01, 3509.02, 3509.03,

12

3509.031, 3509.04, 3509.05, 3509.06, 3509.07,

13

3509.08, 3509.09, 3511.02, 3511.04, 3511.05,

14

3511.06, 3511.07, 3511.08, 3511.09, 3511.10,

15

3511.11, 3511.13, 3511.14, 3513.02, 3513.12,

16

3513.131, 3513.19, 3513.21, 3513.262, 3513.30,

17

3513.31, 3515.04, 3517.10, 3517.102, 3517.103,

18

3517.1011, 3517.153, 3517.154, 3517.155, 3517.992,

19

3519.01, 3519.16, 3599.03, 3599.07, 3599.17,

20

3599.19, and 3599.31, to enact sections 3501.111,

21

3501.302, 3501.40, 3503.161, 3505.05, 3506.021,

22

and 3599.30, and to repeal sections 3503.29,

23

3506.16, 3513.301, 3513.312, and 3517.1010 of the

24

Revised Code to revise the Election Law.

25

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

Section 1. That sections 111.27, 511.27, 1545.21, 3501.01,	26
3501.05, 3501.051, 3501.10, 3501.13, 3501.17, 3501.22, 3501.26,	27
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	28
3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.14, 3503.15,	29
3503.16, 3503.18, 3503.19, 3503.21, 3503.26, 3503.28, 3505.11,	30
3505.17, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21,	31
3505.23, 3505.24, 3505.26, 3505.28, 3505.29, 3505.30, 3505.31,	32
3506.05, 3506.12, 3506.15, 3509.01, 3509.02, 3509.03, 3509.031,	33
3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09, 3511.02,	34
3511.04, 3511.05, 3511.06, 3511.07, 3511.08, 3511.09, 3511.10,	35
3511.11, 3511.13, 3511.14, 3513.02, 3513.12, 3513.131, 3513.19,	36
3513.21, 3513.262, 3513.30, 3515.04, 3517.10, 3517.102, 3517.103,	37
3517.1011, 3517.153, 3517.154, 3517.155, 3517.992, 3519.01,	38
3519.16, 3599.03, 3599.07, 3599.17, 3599.19, and 3599.31 be	39
amended and sections 3501.111, 3501.302, 3501.40, 3503.161,	40
3505.05, 3506.021, and 3599.30 of the Revised Code be enacted to	41
read as follows:	42

Sec. 111.27. There is hereby established in the state	43
treasury the board of elections reimbursement and education fund.	44
The fund shall be used by the secretary of state to reimburse	45
boards of elections for various purposes, including reimbursements	46
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of	47
the Revised Code, and to provide training and educational programs	48
for members and employees of boards of elections. The fund shall	49
receive transfers of cash pursuant to controlling board action and	50
also shall receive revenues from fees, gifts, grants, donations,	51
and other similar receipts.	52

Sec. 511.27.  (A) To defray the expenses of the township park	53
district and for purchasing, appropriating, operating,	54
maintaining, and improving lands for parks or recreational	55
purposes, the board of park commissioners may levy a sufficient	56
tax within the ten-mill limitation, not to exceed one mill on each	57
dollar of valuation on all real and personal property within the	58
township, and on all real and personal property within any	59
municipal corporation that is within the township, that was within	60
the township at the time that the park district was established,	61
or the boundaries of which are coterminous with or include the	62
township. The levy shall be over and above all other taxes and	63
limitations on such property authorized by law.	64

(B) Except as otherwise provided in division (C) of this	65
section, the board of park commissioners, not less than ninety	66
days before the day of the election, may declare by resolution	67
that the amount of taxes that may be raised within the ten-mill	68
limitation will be insufficient to provide an adequate amount for	69
the necessary requirements of the district and that it is	70
necessary to levy a tax in excess of that limitation for the use	71
of the district. The resolution shall specify the purpose for	72
which the taxes shall be used, the annual rate proposed, and the	73
number of consecutive years the levy will be in effect. Upon the	74
adoption of the resolution, the question of levying the taxes	75
shall be submitted to the electors of the township and the	76
electors of any municipal corporation that is within the township,	77
that was within the township at the time that the park district	78
was established, or the boundaries of which are coterminous with	79
or include the township, at a special election to be held on	80
whichever of the following occurs first:	81

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

82

(2) The first Tuesday after the first Monday in May of any	83
calendar year, except that, if a presidentialday of the next	84
ensuing primary election is held in that calendar year, then the	85
day of that election.	86

The rate submitted to the electors at any one election shall	87
not exceed two mills annually upon each dollar of valuation. If a	88
majority of the electors voting upon the question of the levy vote	89
in favor of the levy, the tax shall be levied on all real and	90
personal property within the township and on all real and personal	91
property within any municipal corporation that is within the	92
township, that was within the township at the time that the park	93
district was established, or the boundaries of which are	94
coterminous with or include the township, and the levy shall be	95
over and above all other taxes and limitations on such property	96
authorized by law.	97

(C) In any township park district that contains only	98
unincorporated territory, if the township board of park	99
commissioners is appointed by the board of township trustees,	100
before a tax can be levied and certified to the county auditor	101
pursuant to section 5705.34 of the Revised Code or before a	102
resolution for a tax levy can be certified to the board of	103
elections pursuant to section 511.28 of the Revised Code, the	104
board of park commissioners shall receive approval for its levy	105
request from the board of township trustees. The board of park	106
commissioners shall adopt a resolution requesting the board of	107
township trustees to approve the levy request, stating the annual	108
rate of the proposed levy and the reason for the levy request. On	109
receiving this request, the board of township trustees shall vote	110
on whether to approve the request and, if a majority votes to	111
approve it, shall issue a resolution approving the levy at the	112
requested rate.	113

Sec. 1545.21.  The board of park commissioners, by	114
resolution, may submit to the electors of the park district the	115
question of levying taxes for the use of the district. The	116
resolution shall declare the necessity of levying such taxes,	117
shall specify the purpose for which such taxes shall be used, the	118
annual rate proposed, and the number of consecutive years the rate	119
shall be levied. Such resolution shall be forthwith certified to	120
the board of elections in each county in which any part of such	121
district is located, not later than the ninetieth day before the	122
day of the election, and the question of the levy of taxes as	123
provided in such resolution shall be submitted to the electors of	124
the district at a special election to be held on whichever of the	125
following occurs first:	126

(A) The day of the next general election;

127

(B) The first Tuesday after the first Monday in May in any	128
calendar year, except that if a presidentialday of the next	129
primary election is held in that calendar year, then the day of	130
that election. The	131

The ballot shall set forth the purpose for which the taxes	132
shall be levied, the annual rate of levy, and the number of years	133
of such levy. If the tax is to be placed on the current tax list,	134
the form of the ballot shall state that the tax will be levied in	135
the current tax year and shall indicate the first calendar year	136
the tax will be due. If the resolution of the board of park	137
commissioners provides that an existing levy will be canceled upon	138
the passage of the new levy, the ballot may include a statement	139
that: "an existing levy of ... mills (stating the original levy	140
millage), having ... years remaining, will be canceled and	141
replaced upon the passage of this levy." In such case, the ballot	142
may refer to the new levy as a "replacement levy" if the new	143
millage does not exceed the original millage of the levy being	144
canceled or as a "replacement and additional levy" if the new	145
millage exceeds the original millage of the levy being canceled.	146
If a majority of the electors voting upon the question of such	147
levy vote in favor thereof, such taxes shall be levied and shall	148
be in addition to the taxes authorized by section 1545.20 of the	149
Revised Code, and all other taxes authorized by law. The rate	150
submitted to the electors at any one time shall not exceed two	151
mills annually upon each dollar of valuation. When a tax levy has	152
been authorized as provided in this section or in section 1545.041	153
of the Revised Code, the board of park commissioners may issue	154
bonds pursuant to section 133.24 of the Revised Code in	155
anticipation of the collection of such levy, provided that such	156
bonds shall be issued only for the purpose of acquiring and	157
improving lands. Such levy, when collected, shall be applied in	158
payment of the bonds so issued and the interest thereon. The	159
amount of bonds so issued and outstanding at any time shall not	160
exceed one per cent of the total tax valuation in such district.	161
Such bonds shall bear interest at a rate not to exceed the rate	162
determined as provided in section 9.95 of the Revised Code.	163

Sec. 3501.01.  As used in the sections of the Revised Code	164
relating to elections and political communications:	165

(A) "General election" means the election held on the first	166
Tuesday after the first Monday in each November.	167

(B) "Regular municipal election" means the election held on	168
the first Tuesday after the first Monday in November in each	169
odd-numbered year.	170

(C) "Regular state election" means the election held on the	171
first Tuesday after the first Monday in November in each	172
even-numbered year.	173

(D) "Special election" means any election other than those	174
elections defined in other divisions of this section. A special	175
election may be held only on the first Tuesday after the first	176
Monday in February, May, August, or November, or on the day	177
authorized by a particular municipal or county charter for the	178
holding of a primary election, except that in any year in which a	179
presidential primary election is held, no special election shall	180
be held in February or May, except as authorized by a municipal or	181
county charter, but may be held on the first Tuesday after the	182
first Monday in March.	183

(E)(1) "Primary" or "primary election" means an election held	184
for the purpose of nominating persons as candidates of political	185
parties for election to offices, and for the purpose of electing	186
persons as members of the controlling committees of political	187
parties and as delegates and alternates to the conventions of	188
political parties. Primary elections shall be held on the first	189
Tuesday after the first Monday in May of each year except in years	190
in which a presidential primary election is held.	191

(2) "Presidential primary election" means a primary election	192
as defined by division (E)(1) of this section at which an election	193
is held for the purpose of choosing delegates and alternates to	194
the national conventions of the major political parties pursuant	195
to section 3513.12 of the Revised Code. Unless otherwise	196
specified, presidential primary elections are included in	197
references to primary elections. In years in which a presidential	198
primary election is held, all primary elections shall be held on	199
the first Tuesday after the first Monday in March except as	200
otherwise authorized by a municipal or county charter.	201

(F) "Political party" means any group of voters meeting the	202
requirements set forth in section 3517.01 of the Revised Code for	203
the formation and existence of a political party.	204

(1) "Major political party" means any political party	205
organized under the laws of this state whose candidate for	206
governor or nominees for presidential electors received no less	207
than twenty per cent of the total vote cast for such office at the	208
most recent regular state election.	209

(2) "Intermediate political party" means any political party	210
organized under the laws of this state whose candidate for	211
governor or nominees for presidential electors received less than	212
twenty per cent but not less than ten per cent of the total vote	213
cast for such office at the most recent regular state election.	214

(3) "Minor political party" means any political party	215
organized under the laws of this state whose candidate for	216
governor or nominees for presidential electors received less than	217
ten per cent but not less than five per cent of the total vote	218
cast for such office at the most recent regular state election or	219
which has filed with the secretary of state, subsequent to any	220
election in which it received less than five per cent of such	221
vote, a petition signed by qualified electors equal in number to	222
at least one per cent of the total vote cast for such office in	223
the last preceding regular state election, except that a newly	224
formed political party shall be known as a minor political party	225
until the time of the first election for governor or president	226
which occurs not less than twelve months subsequent to the	227
formation of such party, after which election the status of such	228
party shall be determined by the vote for the office of governor	229
or president.	230

(G) "Dominant party in a precinct" or "dominant political	231
party in a precinct" means that political party whose candidate	232
for election to the office of governor at the most recent regular	233
state election at which a governor was elected received more votes	234
than any other person received for election to that office in such	235
precinct at such election.	236

(H) "Candidate" means any qualified person certified in	237
accordance with the provisions of the Revised Code for placement	238
on the official ballot of a primary, general, or special election	239
to be held in this state, or any qualified person who claims to be	240
a write-in candidate, or who knowingly assents to being	241
represented as a write-in candidate by another at either a	242
primary, general, or special election to be held in this state.	243

(I) "Independent candidate" means any candidate who claims	244
not to be affiliated with a political party, and whose name has	245
been certified on the office-type ballot at a general or special	246
election through the filing of a statement of candidacy and	247
nominating petition, as prescribed in section 3513.257 of the	248
Revised Code.	249

(J) "Nonpartisan candidate" means any candidate whose name is	250
required, pursuant to section 3505.04 of the Revised Code, to be	251
listed on the nonpartisan ballot, including all candidates for	252
judicial office, for member of any board of education, for	253
municipal or township offices in which primary elections are not	254
held for nominating candidates by political parties, and for	255
offices of municipal corporations having charters that provide for	256
separate ballots for elections for these offices.	257

(K) "Party candidate" means any candidate who claims to be a	258
member of a political party, whose name has been certified on the	259
office-type ballot at a general or special election through the	260
filing of a declaration of candidacy and petition of candidate,	261
and who has won the primary election of the candidate's party for	262
the public office the candidate seeks or is selected by party	263
committee in accordance with section 3513.31 of the Revised Code.	264

(L) "Officer of a political party" includes, but is not	265
limited to, any member, elected or appointed, of a controlling	266
committee, whether representing the territory of the state, a	267
district therein, a county, township, a city, a ward, a precinct,	268
or other territory, of a major, intermediate, or minor political	269
party.	270

(M) "Question or issue" means any question or issue certified	271
in accordance with the Revised Code for placement on an official	272
ballot at a general or special election to be held in this state.	273

(N) "Elector" or "qualified elector" means a person having	274
the qualifications provided by law to be entitled to vote.	275

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

276

(P) "Voting residence" means that place of residence of an	277
elector which shall determine the precinct in which the elector	278
may vote.	279

(Q) "Precinct" means a district within a county established	280
by the board of elections of such county within which all	281
qualified electors having a voting residence therein may vote at	282
the same polling place.	283

(R) "Polling place" means that place provided for each	284
precinct at which the electors having a voting residence in such	285
precinct may vote.	286

(S) "Board" or "board of elections" means the board of	287
elections appointed in a county pursuant to section 3501.06 of the	288
Revised Code.	289

(T) "Political subdivision" means a county, township, city,	290
village, or school district.	291

(U) "Election officer" or "election official" means any of	292
the following:	293

(1) Secretary of state;

294

(2) Employees of the secretary of state serving the division	295
of elections in the capacity of attorney, administrative officer,	296
administrative assistant, elections administrator, office manager,	297
or clerical supervisor;	298

(3) Director of a board of elections;

299

(4) Deputy director of a board of elections;

300

(5) Member of a board of elections;

301

(6) Employees of a board of elections;

302

(7) Precinct polling place judges;

303

(8) Employees appointed by the boards of elections on a	304
temporary or part-time basis.	305

(V) "Acknowledgment notice" means a notice sent by a board of	306
elections, on a form prescribed by the secretary of state,	307
informing a voter registration applicant or an applicant who	308
wishes to change the applicant's residence or name of the status	309
of the application; the information necessary to complete or	310
update the application, if any; and if the application is	311
complete, the precinct in which the applicant is to vote.	312

(W) "Confirmation notice" means a notice sent by a board of	313
elections, on a form prescribed by the secretary of state, to a	314
registered elector to confirm the registered elector's current	315
address.	316

(X) "Designated agency" means an office or agency in the	317
state that provides public assistance or that provides	318
state-funded programs primarily engaged in providing services to	319
persons with disabilities and that is required by the National	320
Voter Registration Act of 1993 to implement a program designed and	321
administered by the secretary of state for registering voters, or	322
any other public or government office or agency that implements a	323
program designed and administered by the secretary of state for	324
registering voters, including the department of job and family	325
services, the program administered under section 3701.132 of the	326
Revised Code by the department of health, the department of mental	327
health, the department of developmental disabilities, the	328
rehabilitation services commission, and any other agency the	329
secretary of state designates. "Designated agency" does not	330
include public high schools and vocational schools, public	331
libraries, or the office of a county treasurer.	332

(Y) "National Voter Registration Act of 1993" means the	333
"National Voter Registration Act of 1993," 107 Stat. 77, 42	334
U.S.C.A. 1973gg.	335

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	336
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	337

(AA) "Photo identification" means a document that meets each	338
of the following requirements:	339

(1) It shows the name of the individual to whom it was	340
issued, which shall conform to the name in the poll list or	341
signature pollbook.	342

(2) It shows the current address of the individual to whom it	343
was issued, which shall conform to the address in the poll list or	344
signature pollbook, except for a driver's license or a state	345
identification card issued under section 4507.50 of the Revised	346
Code, which may show either the current or former address of the	347
individual to whom it was issued, regardless of whether that	348
address conforms to the address in the poll list or signature	349
pollbook.	350

(3) It shows a photograph of the individual to whom it was	351
issued.	352

(4) It includesshall have on it an expiration date that has	353
not passed.	354

(5) It was issued by the government of the United States or	355
this state.	356

Sec. 3501.05.  The secretary of state shall do all of the	357
following:	358

(A) Appoint all members of boards of elections;

359

(B) Issue instructions by directives and advisories in	360
accordance with section 3501.053 of the Revised Code to members of	361
the boards as to the proper methods of conducting elections.	362

(C) Prepare rules and instructions for the conduct of	363
elections;	364

(D) Publish and furnish to the boards from time to time a	365
sufficient number of indexed copies of all election laws then in	366
force;	367

(E) Edit and issue all pamphlets concerning proposed laws or	368
amendments required by law to be submitted to the voters;	369

(F) Prescribe the form of registration cards, blanks, and	370
records;	371

(G) Determine and prescribe the forms of ballots and the	372
forms of all blanks, cards of instructions, pollbooks, tally	373
sheets, certificates of election, and forms and blanks required by	374
law for use by candidates, committees, and boards;	375

(H) Prepare the ballot title or statement to be placed on the	376
ballot for any proposed law or amendment to the constitution to be	377
submitted to the voters of the state;	378

(I) Except as otherwise provided in section 3519.08 of the	379
Revised Code, certify to the several boards the forms of ballots	380
and names of candidates for state offices, and the form and	381
wording of state referendum questions and issues, as they shall	382
appear on the ballot;	383

(J) Except as otherwise provided in division (I)(2)(b) of	384
section 3501.38 of the Revised Code, give final approval to ballot	385
language for any local question or issue approved and transmitted	386
by boards of elections under section 3501.11 of the Revised Code;	387

(K) Receive all initiative and referendum petitions on state	388
questions and issues and determine and certify to the sufficiency	389
of those petitions;	390

(L) Require such reports from the several boards as are	391
provided by law, or as the secretary of state considers necessary;	392

(M) Compel the observance by election officers in the several	393
counties of the requirements of the election laws;	394

(N)(1) Except as otherwise provided in division (N)(2) of	395
this section, investigate the administration of election laws,	396
frauds, and irregularities in elections in any county, and report	397
violations of election laws to the attorney general or prosecuting	398
attorney, or both, for prosecution;	399

(2) On and after August 24, 1995, report a failure to comply	400
with or a violation of a provision in sections 3517.08 to 3517.13,	401
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	402
Revised Code, whenever the secretary of state has or should have	403
knowledge of a failure to comply with or a violation of a	404
provision in one of those sections, by filing a complaint with the	405
Ohio elections commission under section 3517.153 of the Revised	406
Code;.	407

(O) Make an annual report to the governor containing the	408
results of elections, the cost of elections in the various	409
counties, a tabulation of the votes in the several political	410
subdivisions, and other information and recommendations relative	411
to elections the secretary of state considers desirable;	412

(P) Prescribe and distribute to boards of elections a list of	413
instructions indicating all legal steps necessary to petition	414
successfully for local option elections under sections 4301.32 to	415
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	416

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	417
for the removal by boards of elections of ineligible voters from	418
the statewide voter registration database and, if applicable, from	419
the poll list or signature pollbook used in each precinct, which	420
rules shall provide for all of the following:	421

(1) A process for the removal of voters who have changed	422
residence, which shall be uniform, nondiscriminatory, and in	423
compliance with the Voting Rights Act of 1965 and the National	424
Voter Registration Act of 1993, including a program that uses the	425
national change of address service provided by the United States	426
postal system through its licensees;	427

(2) A process for the removal of ineligible voters under	428
section 3503.21 of the Revised Code;	429

(3) A uniform system for marking or removing the name of a	430
voter who is ineligible to vote from the statewide voter	431
registration database and, if applicable, from the poll list or	432
signature pollbook used in each precinct and noting the reason for	433
that mark or removal.	434

(R) Prescribe a general program for registering voters or	435
updating voter registration information, such as name and	436
residence changes, by boards of elections, designated agencies,	437
offices of deputy registrars of motor vehicles, public high	438
schools and vocational schools, public libraries, and offices of	439
county treasurers consistent with the requirements of section	440
3503.09 of the Revised Code;	441

(S) Prescribe a program of distribution of voter registration	442
forms through boards of elections, designated agencies, offices of	443
the registrar and deputy registrars of motor vehicles, public high	444
schools and vocational schools, public libraries, and offices of	445
county treasurers;	446

(T) To the extent feasible, provide copies, at no cost and	447
upon request, of the voter registration form in post offices in	448
this state;	449

(U) Adopt rules pursuant to section 111.15 of the Revised	450
Code for the purpose of implementing the program for registering	451
voters through boards of elections, designated agencies, and the	452
offices of the registrar and deputy registrars of motor vehicles	453
consistent with this chapter;	454

(V) Establish the full-time position of Americans with	455
Disabilities Act coordinator within the office of the secretary of	456
state to do all of the following:	457

(1) Assist the secretary of state with ensuring that there is	458
equal access to polling places for persons with disabilities;	459

(2) Assist the secretary of state with ensuring that each	460
voter may cast the voter's ballot in a manner that provides the	461
same opportunity for access and participation, including privacy	462
and independence, as for other voters;	463

(3) Advise the secretary of state in the development of	464
standards for the certification of voting machines, marking	465
devices, and automatic tabulating equipment.	466

(W) Establish and maintain a computerized statewide database	467
of all legally registered voters under section 3503.15 of the	468
Revised Code that complies with the requirements of the "Help	469
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	470
and provide training in the operation of that system;	471

(X) Ensure that all directives, advisories, other	472
instructions, or decisions issued or made during or as a result of	473
any conference or teleconference call with a board of elections to	474
discuss the proper methods and procedures for conducting	475
elections, to answer questions regarding elections, or to discuss	476
the interpretation of directives, advisories, or other	477
instructions issued by the secretary of state are posted on a web	478
site of the office of the secretary of state as soon as is	479
practicable after the completion of the conference or	480
teleconference call, but not later than the close of business on	481
the same day as the conference or teleconference call takes place.	482

(Y) Publish a report on a web site of the office of the	483
secretary of state not later than one month after the completion	484
of the canvass of the election returns for each primary and	485
general election, identifying, by county, the number of absent	486
voter's ballots cast and the number of those ballots that were	487
counted, and the number of provisional ballots cast and the number	488
of those ballots that were counted, for that election. The	489
secretary of state shall maintain the information on the web site	490
in an archive format for each subsequent election.	491

(Z) Conduct voter education outlining voter identification,	492
absent voters ballot, provisional ballot, and other voting	493
requirements;	494

(AA) Establish a procedure by which a registered elector may	495
make available to a board of elections a more recent signature to	496
be used in the poll list or signature pollbook produced by the	497
board of elections of the county in which the elector resides;	498

(BB) Disseminate information, which may include all or part	499
of the official explanations and arguments, by means of direct	500
mail or other written publication, broadcast, or other means or	501
combination of means, as directed by the Ohio ballot board under	502
division (F) of section 3505.062 of the Revised Code, in order to	503
inform the voters as fully as possible concerning each proposed	504
constitutional amendment, proposed law, or referendum;	505

(CC) Be the single state office responsible for the	506
implementation of the "Uniformed and Overseas Citizens Absentee	507
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	508
et seq., as amended, in this state. The secretary of state may	509
delegate to the boards of elections responsibilities for the	510
implementation of that act, including responsibilities arising	511
from amendments to that act made by the "Military and Overseas	512
Voter Empowerment Act," Subtitle H of the National Defense	513
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	514
Stat. 3190.	515

(DD) Perform other duties required by law.

516

Whenever a primary election is held under section 3513.32 of	517
the Revised Code or a special election is held under section	518
3521.03 of the Revised Code to fill a vacancy in the office of	519
representative to congress, the secretary of state shall establish	520
a deadline, notwithstanding any other deadline required under the	521
Revised Code, by which any or all of the following shall occur:	522
the filing of a declaration of candidacy and petitions or a	523
statement of candidacy and nominating petition together with the	524
applicable filing fee; the filing of protests against the	525
candidacy of any person filing a declaration of candidacy or	526
nominating petition; the filing of a declaration of intent to be a	527
write-in candidate; the filing of campaign finance reports; the	528
preparation of, and the making of corrections or challenges to,	529
precinct voter registration lists; the receipt of applications for	530
absent voter's ballots or armed serviceuniformed services or	531
overseas absent voter's ballots; the supplying of election	532
materials to precincts by boards of elections; the holding of	533
hearings by boards of elections to consider challenges to the	534
right of a person to appear on a voter registration list; and the	535
scheduling of programs to instruct or reinstruct election	536
officers.	537

In the performance of the secretary of state's duties as the	538
chief election officer, the secretary of state may administer	539
oaths, issue subpoenas, summon witnesses, compel the production of	540
books, papers, records, and other evidence, and fix the time and	541
place for hearing any matters relating to the administration and	542
enforcement of the election laws.	543

In any controversy involving or arising out of the adoption	544
of registration or the appropriation of funds for registration,	545
the secretary of state may, through the attorney general, bring an	546
action in the name of the state in the court of common pleas of	547
the county where the cause of action arose or in an adjoining	548
county, to adjudicate the question.	549

In any action involving the laws in Title XXXV of the Revised	550
Code wherein the interpretation of those laws is in issue in such	551
a manner that the result of the action will affect the lawful	552
duties of the secretary of state or of any board of elections, the	553
secretary of state may, on the secretary of state's motion, be	554
made a party.	555

The secretary of state may apply to any court that is hearing	556
a case in which the secretary of state is a party, for a change of	557
venue as a substantive right, and the change of venue shall be	558
allowed, and the case removed to the court of common pleas of an	559
adjoining county named in the application or, if there are cases	560
pending in more than one jurisdiction that involve the same or	561
similar issues, the court of common pleas of Franklin county.	562

Public high schools and vocational schools, public libraries,	563
and the office of a county treasurer shall implement voter	564
registration programs as directed by the secretary of state	565
pursuant to this section.	566

Sec. 3501.051.  (A) Notwithstanding any other section of the	567
Revised Code, the secretary of state may authorize, in one or more	568
precincts in one or more counties, a program allowing individuals	569
under the age of eighteen to enter the polling place and vote in a	570
simulated election held at the same time as a general election.	571
Any individual working in or supervising at a simulated election	572
may enter the polling place and remain within it during the entire	573
period the polls are open.	574

(B) A program established under division (A) of this section	575
shall require all of the following:	576

(1) That the duties imposed on judges ofprecinct election	577
officials and peace officers under section 3501.33 of the Revised	578
Code be performed by those judgesofficials and officers in regard	579
to simulated elections and all activities related to simulated	580
elections;	581

(2) That volunteers provide the personnel necessary to	582
conduct the simulated election, except that employees of the	583
secretary of state, employees or members of boards of elections,	584
and precinct election officials may aid in operating the program	585
to the extent permitted by the secretary of state;	586

(3) That individuals under the age of fourteen be accompanied	587
to the simulated election by an individual eighteen years of age	588
or over;	589

(4) Any other requirements the secretary of state considers	590
necessary for the orderly administration of the election process.	591

Sec. 3501.10.  (A) The board of elections shall, as an	592
expense of the board, provide suitable rooms for its offices and	593
records and the necessary and proper furniture and supplies for	594
those rooms. The board may lease such offices and rooms, necessary	595
to its operation, for the length of time and upon the terms the	596
board deems in the best interests of the public, provided that the	597
term of any such lease shall not exceed fifteen years.	598

Thirty days prior to entering into such a lease, the board	599
shall notify the board of county commissioners in writing of its	600
intent to enter into the lease. The notice shall specify the terms	601
and conditions of the lease. Prior to the thirtieth day after	602
receiving that notice and before any lease is entered into, the	603
board of county commissioners may reject the proposed lease by a	604
majority vote. After receiving written notification of the	605
rejection by the board of county commissioners, the board of	606
elections shall not enter into the lease that was rejected, but	607
may immediately enter into additional lease negotiations, subject	608
to the requirements of this section.	609

The board of elections in any county may, by resolution,	610
request that the board of county commissioners submit to the	611
electors of the county, in accordance with section 133.18 of the	612
Revised Code, the question of issuing bonds for the acquisition of	613
real estate and the construction on it of a suitable building with	614
necessary furniture and equipment for the proper administration of	615
the duties of the board of elections. The resolution declaring the	616
necessity for issuing such bonds shall relate only to the	617
acquisition of real estate and to the construction, furnishing,	618
and equipping of a building as provided in this division.	619

(B) The board of elections in each county shall keep its	620
offices, or one or more of its branch registration offices, open	621
for the performance of its duties until nine p.m. on the last day	622
of registration before a general or primary election. At all other	623
times during each week, the board shall keep its offices and rooms	624
open for a period of time that the board considers necessary for	625
the performance of its duties.	626

(C) The board of elections may maintain permanent or	627
temporary branch offices at any place within the county, provided	628
that, if the board of elections permitsshall not permit electors	629
to vote at a branch office, electors shall not be permitted to	630
vote at any other branch office or any other office of the board	631
of elections.	632

Sec. 3501.111. A board of elections may contract with another	633
board of elections in this state or with a county automatic data	634
processing board for the provision of election services in the	635
county, including any duties imposed upon the board of elections	636
under section 3501.11 of the Revised Code.	637

Sec. 3501.13.  (A) The director of the board of elections	638
shall keep a full and true record of the proceedings of the board	639
and of all moneys received and expended; file and preserve in the	640
board's office all orders and records pertaining to the	641
administration of registrations, primaries, and elections; receive	642
and have the custody of all books, papers, and property belonging	643
to the board; and perform other duties in connection with the	644
office of director and the proper conduct of elections as the	645
board determines.	646

(B) Before entering upon the duties of the office, the	647
director shall subscribe to an oath that the director will support	648
the Constitution of the United States and the Ohio Constitution,	649
perform all the duties of the office to the best of the director's	650
ability, enforce the election laws, and preserve all records,	651
documents, and other property pertaining to the conduct of	652
elections placed in the director's custody.	653

(C) The director may administer oaths to persons required by	654
law to file certificates or other papers with the board, to judges	655
of electionsprecinct election officials, to witnesses who are	656
called to testify before the board, and to voters filling out	657
blanks at the board's offices. Except as otherwise provided by	658
state or federal law, the records of the board and papers and	659
books filed in its office are public records and open to	660
inspection under such reasonable regulations as shall be	661
established by the board. The following notice shall be posted in	662
a prominent place at each board office:	663

"Except as otherwise provided by state or federal law,	664
records filed in this office of the board of elections are open to	665
public inspection during normal office hours, pursuant to the	666
following reasonable regulations: (the board shall here list its	667
regulations). Whoever prohibits any person from inspecting the	668
public records of this board is subject to the penalties of	669
section 3599.161 of the Revised Code."	670

(D) Upon receipt of a written declaration of intent to retire	671
as provided for in section 145.38 of the Revised Code, the	672
director shall provide a copy to each member of the board of	673
elections.	674

Sec. 3501.17.  (A) The expenses of the board of elections	675
shall be paid from the county treasury, in pursuance of	676
appropriations by the board of county commissioners, in the same	677
manner as other county expenses are paid. If the board of county	678
commissioners fails to appropriate an amount sufficient to provide	679
for the necessary and proper expenses of the board of elections	680
pertaining to the conduct of elections, the board of elections may	681
apply to the court of common pleas within the county, which shall	682
fix the amount necessary to be appropriated and the amount shall	683
be appropriated. Payments shall be made upon vouchers of the board	684
of elections certified to by its chairperson or acting chairperson	685
and the director or deputy director, upon warrants of the county	686
auditor.	687

The board of elections shall not incur any obligation	688
involving the expenditure of money unless there are moneys	689
sufficient in the funds appropriated therefor to meet the	690
obligation. If the board of elections requests a transfer of funds	691
from one of its appropriation items to another, the board of	692
county commissioners shall adopt a resolution providing for the	693
transfer except as otherwise provided in section 5705.40 of the	694
Revised Code. The expenses of the board of elections shall be	695
apportioned among the county and the various subdivisions as	696
provided in this section, and the amount chargeable to each	697
subdivision shall be withheld by the auditor from the moneys	698
payable thereto at the time of the next tax settlement. At the	699
time of submitting budget estimates in each year, the board of	700
elections shall submit to the taxing authority of each	701
subdivision, upon the request of the subdivision, an estimate of	702
the amount to be withheld from the subdivision during the next	703
fiscal year.	704

(B) Except as otherwise provided in division (F) of this	705
section, the compensation of the members of the board of elections	706
and of the director, deputy director, and regular employees in the	707
board's offices, other than compensation for overtime worked; the	708
expenditures for the rental, furnishing, and equipping of the	709
office of the board and for the necessary office supplies for the	710
use of the board; the expenditures for the acquisition, repair,	711
care, and custody of the polling places, booths, guardrails, and	712
other equipment for polling places; the cost of tally sheets,	713
maps, flags, ballot boxes, and all other permanent records and	714
equipment; the cost of all elections held in and for the state and	715
county; and all other expenses of the board which are not	716
chargeable to a political subdivision in accordance with this	717
section shall be paid in the same manner as other county expenses	718
are paid.	719

(C) The compensation of judges of electionsprecinct election	720
officials and intermittent employees in the board's offices; the	721
cost of renting, moving, heating, and lighting polling places and	722
of placing and removing ballot boxes and other fixtures and	723
equipment thereof, including voting machines, marking devices, and	724
automatic tabulating equipment; the cost of printing and	725
delivering ballots, cards of instructions, registration lists	726
required under section 3503.23 of the Revised Code, and other	727
election supplies, including the supplies required to comply with	728
division (H) of section 3506.01 of the Revised Code; the cost of	729
contractors engaged by the board to prepare, program, test, and	730
operate voting machines, marking devices, and automatic tabulating	731
equipment; and all other expenses of conducting primaries and	732
elections in the odd-numbered years shall be charged to the	733
subdivisions in and for which such primaries or elections are	734
held. The charge for each primary or general election in	735
odd-numbered years for each subdivision shall be determined in the	736
following manner: first, the total cost of all chargeable items	737
used in conducting such elections shall be ascertained; second,	738
the total charge shall be divided by the number of precincts	739
participating in such election, in order to fix the cost per	740
precinct; third, the cost per precinct shall be prorated by the	741
board of elections to the subdivisions conducting elections for	742
the nomination or election of offices in such precinct; fourth,	743
the total cost for each subdivision shall be determined by adding	744
the charges prorated to it in each precinct within the	745
subdivision.	746

(D) The entire cost of special elections held on a day other	747
than the day of a primary or general election, both in	748
odd-numbered or in even-numbered years, shall be charged to the	749
subdivision. Where a special election is held on the same day as a	750
primary or general election in an even-numbered year, the	751
subdivision submitting the special election shall be charged only	752
for the cost of ballots and advertising. Where a special election	753
is held on the same day as a primary or general election in an	754
odd-numbered year, the subdivision submitting the special election	755
shall be charged for the cost of ballots and advertising for such	756
special election, in addition to the charges prorated to such	757
subdivision for the election or nomination of candidates in each	758
precinct within the subdivision, as set forth in the preceding	759
paragraph.	760

(E) Where a special election is held on the day specified by	761
division (E) of section 3501.01 of the Revised Code for the	762
holding of a primary election, for the purpose of submitting to	763
the voters of the state constitutional amendments proposed by the	764
general assembly, and a subdivision conducts a special election on	765
the same day, the entire cost of the special election shall be	766
divided proportionally between the state and the subdivision based	767
upon a ratio determined by the number of issues placed on the	768
ballot by each, except as otherwise provided in division (G) of	769
this section. Such proportional division of cost shall be made	770
only to the extent funds are available for such purpose from	771
amounts appropriated by the general assembly to the secretary of	772
state. If a primary election is also being conducted in the	773
subdivision, the costs shall be apportioned as otherwise provided	774
in this section.	775

(F) When a precinct is open during a general, primary, or	776
special election solely for the purpose of submitting to the	777
voters a statewide ballot issue, the state shall bear the entire	778
cost of the election in that precinct and shall reimburse the	779
county for all expenses incurred in opening the precinct.	780

(G)(1) The state shall bear the entire cost of advertising in	781
newspapers statewide ballot issues, explanations of those issues,	782
and arguments for or against those issues, as required by Section	783
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	784
and any other section of law. Appropriations made to the	785
controlling board shall be used to reimburse the secretary of	786
state for all expenses the secretary of state incurs for such	787
advertising under division (G) of section 3505.062 of the Revised	788
Code.	789

(2) There is hereby created in the state treasury the	790
statewide ballot advertising fund. The fund shall receive	791
transfers approved by the controlling board, and shall be used by	792
the secretary of state to pay the costs of advertising state	793
ballot issues as required under division (G)(1) of this section.	794
Any such transfers may be requested from and approved by the	795
controlling board prior to placing the advertising, in order to	796
facilitate timely provision of the required advertising.	797

(H) The cost of renting, heating, and lighting registration	798
places; the cost of the necessary books, forms, and supplies for	799
the conduct of registration; and the cost of printing and posting	800
precinct registration lists shall be charged to the subdivision in	801
which such registration is held.	802

(I) At the request of a majority of the members of the board	803
of elections, the board of county commissioners may, by	804
resolution, establish an elections revenue fund. Except as	805
otherwise provided in this division, the purpose of the fund shall	806
be to accumulate revenue withheld by or paid to the county under	807
this section for the payment of any expense related to the duties	808
of the board of elections specified in section 3501.11 of the	809
Revised Code, upon approval of a majority of the members of the	810
board of elections. The fund shall not accumulate any revenue	811
withheld by or paid to the county under this section for the	812
compensation of the members of the board of elections or of the	813
director, deputy director, or other regular employees in the	814
board's offices, other than compensation for overtime worked.	815

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	816
Revised Code, the board of county commissioners may, by	817
resolution, transfer money to the elections revenue fund from any	818
other fund of the political subdivision from which such payments	819
lawfully may be made. Following an affirmative vote of a majority	820
of the members of the board of elections, the board of county	821
commissioners may, by resolution, rescind an elections revenue	822
fund established under this division. If an elections revenue fund	823
is rescinded, money that has accumulated in the fund shall be	824
transferred to the county general fund.	825

(J) As used in this section:

826

(1) "Political subdivision" and "subdivision" mean any board	827
of county commissioners, board of township trustees, legislative	828
authority of a municipal corporation, board of education, or any	829
other board, commission, district, or authority that is empowered	830
to levy taxes or permitted to receive the proceeds of a tax levy,	831
regardless of whether the entity receives tax settlement moneys as	832
described in division (A) of this section;	833

(2) "Statewide ballot issue" means any ballot issue, whether	834
proposed by the general assembly or by initiative or referendum,	835
that is submitted to the voters throughout the state.	836

Sec. 3501.22.  (A) On or before the fifteenth day of	837
September in each year, the board of elections by a majority vote	838
shall, after careful examination and investigation as to their	839
qualifications, appoint for each election precinct four residents	840
of the county in which the precinct is located, as judgesprecinct	841
election officials. Except as otherwise provided in division (C)	842
of this section, all judges ofprecinct election officials shall	843
be qualified electors. The judgesprecinct election officials	844
shall constitute the election officers of the precinct. Not more	845
than one-half of the total number of judgesprecinct election	846
officials shall be members of the same political party. The term	847
of such precinct officers shall be for one year. The board may, at	848
any time, designate any number of election officers, not more than	849
one-half of whom shall be members of the same political party, to	850
perform their duties at any precinct in any election. The board	851
may appoint additional officials, equally divided between the two	852
major political parties, when necessary to expedite voting. If	853
the board of elections determines that four precinct election	854
officials are not required in a precinct for a special election,	855
the board of elections may select two of the precinct's election	856
officers, who are not members of the same political party, to	857
serve as the precinct election officials for that precinct in that	858
special election.	859

Vacancies for unexpired terms shall be filled by the board.	860
When new precincts have been created, the board shall appoint	861
judgesprecinct election officials for those precincts for the	862
unexpired term. Any judgeprecinct election official may be	863
summarily removed from office at any time by the board for neglect	864
of duty, malfeasance, or misconduct in office or for any other	865
good and sufficient reason.	866

Precinct election officials shall perform all of the duties	867
provided by law for receiving the ballots and supplies, opening	868
and closing the polls, and overseeing the casting of ballots	869
during the time the polls are open, and any other duties required	870
by section 3501.26 of the Revised Code.	871

A board of elections may designate two precinct election	872
officials as counting officials to count and tally the votes cast	873
and certify the results of the election at each precinct, and	874
perform other duties as provided by law. To expedite the counting	875
of votes at each precinct, the board may appoint additional	876
officials, not more than one-half of whom shall be members of the	877
same political party.	878

The board shall designate one of the precinct election	879
officials who is a member of the dominant political party to serve	880
as a presiding judgevoting location manager, whose duty it is to	881
deliver the returns of the election and all supplies to the office	882
of the board. For these services, the presiding judgevoting	883
location manager shall receive additional compensation in an	884
amount, consistent with section 3501.28 of the Revised Code,	885
determined by the board of elections.	886

The board shall issue to each precinct election official a	887
certificate of appointment, which the official shall present to	888
the presiding judgevoting location manager at the time the polls	889
are opened.	890

(B) If the board of elections determines that not enough	891
qualified electors in a precinct are available to serve as	892
precinct officers, it may appoint persons to serve as precinct	893
officers at a primary, special, or general election who are at	894
least seventeen years of age and are registered to vote in	895
accordance with section 3503.07 of the Revised Code.	896

(C)(1) A board of elections, in conjunction with the board of	897
education of a city, local, or exempted village school district,	898
the governing authority of a community school established under	899
Chapter 3314. of the Revised Code, or the chief administrator of a	900
nonpublic school may establish a program permitting certain high	901
school students to apply and, if appointed by the board of	902
elections, to serve as precinct officers at a primary, special, or	903
general election.	904

In addition to the requirements established by division	905
(C)(2) of this section, a board of education, governing authority,	906
or chief administrator that establishes a program under this	907
division in conjunction with a board of elections may establish	908
additional criteria that students shall meet to be eligible to	909
participate in that program.	910

(2)(a) To be eligible to participate in a program established	911
under division (C)(1) of this section, a student shall be a United	912
States citizen, a resident of the county, at least seventeen years	913
of age, and enrolled in the senior year of high school.	914

(b) Any student applying to participate in a program	915
established under division (C)(1) of this section, as part of the	916
student's application process, shall declare the student's	917
political party affiliation with the board of elections.	918

(3) No student appointed as a precinct officer pursuant to a	919
program established under division (C)(1) of this section shall be	920
designated as a presiding judgevoting location manager.	921

(4) Any student participating in a program established under	922
division (C)(1) of this section shall be excused for that	923
student's absence from school on the day of an election at which	924
the student is serving as a precinct officer.	925

(D) In any precinct with six or more precinct officers, up to	926
two students participating in a program established under division	927
(C)(1) of this section who are under eighteen years of age may	928
serve as precinct officers. Not more than one precinct officer in	929
any given precinct with fewer than six precinct officers shall be	930
under eighteen years of age.	931

Sec. 3501.26.  When the polls are closed after a primary,	932
general, or special election, the receiving officials shall, in	933
the presence of the counting officials and attending observers,	934
proceed as follows:	935

(A) Count the number of electors who voted, as shown on the	936
poll books;	937

(B) Count the unused ballots without removing stubs;

938

(C) Count the soiled and defaced ballots;

939

(D) Insert the totals of divisions (A), (B), and (C) of this	940
section on the report forms provided therefor in the poll books;	941

(E) Count the voted ballots. If the number of voted ballots	942
exceeds the number of voters whose names appear upon the poll	943
books, the presiding judgevoting location manager shall enter on	944
the poll books an explanation of that discrepancy, and that	945
explanation, if agreed to, shall be subscribed to by all of the	946
judgesprecinct election officials. Any judgeprecinct official	947
having a different explanation shall enter it in the poll books	948
and subscribe to it.	949

(F) Put the unused ballots with stubs attached, and soiled	950
and defaced ballots with stubs attached, in the envelopes or	951
containers provided therefor, and certify the number.	952

The receiving officials shall deliver to and place in the	953
custody of the counting officials all the supplies provided for	954
the conduct of that election and the ballots that are to be	955
counted and tallied, and take a receipt for the same, which	956
receipt shall appear in and be a part of the poll books of such	957
precinct. Having performed their duties, the receiving officials	958
shall immediately depart.	959

Having receipted for the ballots, the counting officials	960
shall proceed to count and tally the vote as cast in the manner	961
prescribed by section 3505.27 of the Revised Code and certify the	962
result of the election to the board of elections.	963

Sec. 3501.27.  (A) All judges ofprecinct election officials	964
shall complete a program of instruction pursuant to division (B)	965
of this section. No person who has been convicted of a felony or	966
any violation of the election laws, who is unable to read and	967
write the English language readily, or who is a candidate for an	968
office to be voted for by the voters of the precinct in which the	969
person is to serve shall serve as an election officer. A person	970
when appointed as an election officer shall receive from the board	971
of elections a certificate of appointment that may be revoked at	972
any time by the board for good and sufficient reasons. The	973
certificate shall be in the form the board prescribes and shall	974
specify the precinct, ward, or district in and for which the	975
person to whom it is issued is appointed to serve, the date of	976
appointment, and the expiration of the person's term of service.	977

(B) Each board shall establish a program as prescribed by the	978
secretary of state for the instruction of election officers in the	979
rules, procedures, and law relating to elections. In each program,	980
the board shall use training materials prepared by the secretary	981
of state and may use additional materials prepared by or on behalf	982
of the board. The board may use the services of unpaid volunteers	983
in conducting its program and may reimburse those volunteers for	984
necessary and actual expenses incurred in participating in the	985
program.	986

The board shall train each new election officer before the	987
new officer participates in the first election in that capacity.	988
The board shall instruct election officials who have been trained	989
previously only when the board or secretary of state considers	990
that instruction necessary, but the board shall reinstruct such	991
persons, other than presiding judgesvoting location managers, at	992
least once in every three years and shall reinstruct presiding	993
judgesvoting location managers before the primary election in	994
even-numbered years. The board shall schedule any program of	995
instruction within sixty days prior to the election in which the	996
officials to be trained will participate.	997

(C) The duties of a judge of anprecinct election official in	998
each polling place shall be performed only by an individual who	999
has successfully completed the requirements of the program, unless	1000
such an individual is unavailable after reasonable efforts to	1001
obtain such services.	1002

(D) The secretary of state shall establish a program for the	1003
instruction of members of boards of elections and employees of	1004
boards in the rules, procedures, and law relating to elections.	1005
Each member and employee shall complete the training program	1006
within six months after the member's or employee's original	1007
appointment or employment, and thereafter each member and employee	1008
shall complete a training program to update their knowledge once	1009
every four years or more often as determined by the secretary of	1010
state.	1011

(E) The secretary of state shall reimburse each county for	1012
the cost of programs established pursuant to division (B) of this	1013
section, once the secretary of state has received an itemized	1014
statement of expenses for such instruction programs from the	1015
county. The itemized statement shall be in a form prescribed by	1016
the secretary of state.	1017

Sec. 3501.28.  (A) As used in this section:

1018

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1019
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1020
amended.	1021

(2) "Full election day" means the period of time between the	1022
opening of the polls and the completion of the procedures	1023
contained in section 3501.26 of the Revised Code.	1024

(3) "Services" means services at each general, primary, or	1025
special election.	1026

(B) Beginning with calendar year 1998, each judge of an	1027
election in a county shall be paid for the judge's services at the	1028
same hourly rate, which shall be not less than the minimum hourly	1029
rate established by the Fair Labor Standards Act and not more than	1030
eighty-five dollars per diem.	1031

(C) Beginning with calendar year 2004, each judge of an	1032
precinct election official in a county shall be paid for the	1033
judge'sofficial's services at the same hourly rate, which shall	1034
be not less than the minimum hourly rate established by the Fair	1035
Labor Standards Act and not more than ninety-five dollars per	1036
diem.	1037

(D)(C) The secretary of state shall establish, by rule	1038
adopted under section 111.15 of the Revised Code, the maximum	1039
amount of per diem compensation that may be paid to judges of an	1040
precinct election officials under this section each time the Fair	1041
Labor Standards Act is amended to increase the minimum hourly rate	1042
established by the act. Upon learning of such an increase, the	1043
secretary of state shall determine by what percentage the minimum	1044
hourly rate has been increased under the act and establish a new	1045
maximum amount of per diem compensation that judges of anprecinct	1046
election officials may be paid under this section that is	1047
increased by the same percentage that the minimum hourly rate has	1048
been increased under the act.	1049

(E)(D)(1)(a) No board of elections shall increase the pay of	1050
a judge of anprecinct election official under this section during	1051
a calendar year unless the board has given written notice of the	1052
proposed increase to the board of county commissioners not later	1053
than the first day of October of the preceding calendar year.	1054

(b) Except as otherwise provided in division (E)(D)(2) of	1055
this section, a board of elections may increase the pay of a judge	1056
of anprecinct election official during a calendar year by up to,	1057
but not exceeding, nine per cent over the compensation paid to a	1058
judge of anprecinct election official in the county where the	1059
board is located during the previous calendar year, if the	1060
compensation so paid during the previous calendar year was	1061
eighty-five dollars or less per diem.	1062

(c) Except as otherwise provided in division (E)(D)(2) of	1063
this section, a board of elections may increase the pay of a judge	1064
of anprecinct election official during a calendar year by up to,	1065
but not exceeding, four and one-half per cent over the	1066
compensation paid to a judge of anprecinct election official in	1067
the county where the board is located during the previous calendar	1068
year, if the compensation so paid during the previous calendar	1069
year was more than eighty-five but less than ninety-five dollars	1070
per diem.	1071

(2) The board of county commissioners may review and comment	1072
upon a proposed increase and may enter into a written agreement	1073
with a board of elections to permit an increase in the	1074
compensation paid to judges of anprecinct election officials for	1075
their services during a calendar year that is greater than the	1076
applicable percentage limitation described in division	1077
(E)(D)(1)(b) or (c) of this section.	1078

(F)(E) No judge of anprecinct election official who works	1079
less than the full election day shall be paid the maximum amount	1080
allowed under this section or the maximum amount as set by the	1081
board of elections, whichever is less.	1082

(G)(F)(1) Except as otherwise provided in divisions (G)(F)(4)	1083
to (6) of this section, any employee of the state or of any	1084
political subdivision of the state may serve as a judge of	1085
electionsprecinct election official on the day of an election	1086
without loss of the employee's regular compensation for that day	1087
as follows:	1088

(a) For employees of a county office, department, commission,	1089
board, or other entity, or of a court of common pleas, county	1090
court, or county-operated municipal court, as defined in section	1091
1901.03 of the Revised Code, the employee's appointing authority	1092
may permit leave with pay for this service in accordance with a	1093
resolution setting forth the terms and conditions for that leave	1094
passed by the board of county commissioners.	1095

(b) For all other employees of a political subdivision of the	1096
state, leave with pay for this service shall be subject to the	1097
terms and conditions set forth in an ordinance or a resolution	1098
passed by the legislative authority of the applicable political	1099
subdivision.	1100

(c) For state employees, leave with pay for this service	1101
shall be subject to the terms and conditions set forth by the head	1102
of the state agency, as defined in section 1.60 of the Revised	1103
Code, by which the person is employed.	1104

(2) Any terms and conditions set forth by a board of county	1105
commissioners, legislative authority of a political subdivision,	1106
or head of a state agency under division (G)(F)(1) of this section	1107
shall include a standard procedure for deciding which employees	1108
are permitted to receive leave with pay if multiple employees of	1109
an entity or court described in division (G)(F)(1)(a) of this	1110
section, of an entity of a political subdivision described in	1111
division (G)(F)(1)(b) of this section, or of a state agency as	1112
defined in section 1.60 of the Revised Code apply to serve as a	1113
judge of electionsprecinct election official on the day of an	1114
election. This procedure shall be applied uniformly to all	1115
similarly situated employees.	1116

(3) Any employee who is eligible for leave with pay under	1117
division (G)(F)(1) of this section shall receive, in addition to	1118
the employee's regular compensation, the compensation paid to the	1119
judge of anprecinct election official under division (B),or (C),	1120
or (D) of this section.	1121

(4) Division (G)(F)(1) of this section does not apply to	1122
either of the following:	1123

(a) Election officials;

1124

(b) Public school teachers.

1125

(5) Nothing in division (G)(F)(1) of this section supersedes	1126
or negates any provision of a collective bargaining agreement in	1127
effect under Chapter 4117. of the Revised Code.	1128

(6) If a board of county commissioners, legislative authority	1129
of a political subdivision, or head of a state agency fails to set	1130
forth any terms and conditions under division (G)(F)(1) of this	1131
section, an employee of an entity or court described in division	1132
(G)(F)(1)(a) of this section, of an entity of a political	1133
subdivision described in division (G)(F)(1)(b) of this section, or	1134
of a state agency as defined in section 1.60 of the Revised Code	1135
may use personal leave, vacation leave, or compensatory time, or	1136
take unpaid leave, to serve as a judge of electionsprecinct	1137
election official on the day of an election.	1138

(H)(G) The board of elections may withhold the compensation	1139
of any precinct election official for failure to obey the	1140
instructions of the board or to comply with the law relating to	1141
the duties of sucha precinct judgeelection official. Any payment	1142
a judge of anprecinct election official is entitled to receive	1143
under section 3501.36 of the Revised Code is in addition to the	1144
compensation the judgeofficial is entitled to receive under this	1145
section.	1146

Sec. 3501.29.  (A) The board of elections shall provide for	1147
each precinct a polling place and provide adequate facilities at	1148
each polling place for conducting the election. The board shall	1149
provide a sufficient number of screened or curtained voting	1150
compartments to which electors may retire and conveniently mark	1151
their ballots, protected from the observation of others. Each	1152
voting compartment shall be provided at all times with writing	1153
implements, instructions how to vote, and other necessary	1154
conveniences for marking the ballot. The presiding judgevoting	1155
location manager shall ensure that the voting compartments at all	1156
times are adequately lighted and contain the necessary supplies.	1157
The board shall utilize, in so far as practicable, rooms in public	1158
schools and other public buildings for polling places. Upon	1159
application of the board of elections, the authority which has the	1160
control of any building or grounds supported by taxation under the	1161
laws of this state, shall make available the necessary space	1162
therein for the purpose of holding elections and adequate space	1163
for the storage of voting machines, without charge for the use	1164
thereof. A reasonable sum may be paid for necessary janitorial	1165
service. When polling places are established in private buildings,	1166
the board may pay a reasonable rental therefor, and also the cost	1167
of liability insurance covering the premises when used for	1168
election purposes, or the board may purchase a single liability	1169
policy covering the board and the owners of the premises when used	1170
for election purposes. When removable buildings are supplied by	1171
the board, they shall be constructed under the contract let to the	1172
lowest and best bidder, and the board shall observe all ordinances	1173
and regulations then in force as to safety. The board shall remove	1174
all such buildings from streets and other public places within	1175
thirty days after an election, unless another election is to be	1176
held within ninety days.	1177

(B)(1) Except as otherwise provided in this section, the	1178
board shall ensure all of the following:	1179

(a) That polling places are free of barriers that would	1180
impede ingress and egress of handicapped persons;	1181

(b) That the minimum number of special parking locations,	1182
also known as handicapped parking spaces or disability parking	1183
spaces, for handicapped persons are designated at each polling	1184
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1185
compliance with division (E) of section 4511.69 of the Revised	1186
Code.	1187

(c) That the entrances of polling places are level or are	1188
provided with a nonskid ramp of not over eight per cent gradient	1189
that meets the requirements of the "Americans with Disabilities	1190
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	1191

(d) That doors are a minimum of thirty-two inches wide.

1192

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1193
section, certain polling places may be specifically exempted by	1194
the secretary of state upon certification by a board of elections	1195
that a good faith, but unsuccessful, effort has been made to	1196
modify, or change the location of, such polling places.	1197

(C) At any polling place that is exempted from compliance by	1198
the secretary of state, the board of elections shall permit any	1199
handicapped elector who travels to that elector's polling place,	1200
but who is unable to enter the polling place, to vote, with the	1201
assistance of two polling place officials of major political	1202
parties, in the vehicle that conveyed that elector to the polling	1203
place, or to receive and cast that elector's ballot at the door of	1204
the polling place.	1205

(D) The secretary of state shall:

1206

(1) Work with other state agencies to facilitate the	1207
distribution of information and technical assistance to boards of	1208
elections to meet the requirements of division (B) of this	1209
section;	1210

(2) Work with organizations that represent or provide	1211
services to handicapped, disabled, or elderly citizens to effect a	1212
wide dissemination of information about the availability of	1213
absentee voting, voting in the voter's vehicle or at the door of	1214
the polling place, or other election services to handicapped,	1215
disabled, or elderly citizens.	1216

(E) Before the day of an election, the director of the board	1217
of elections of each county shall sign a statement verifying that	1218
each polling place that will be used in that county at that	1219
election meets the requirements of division (B)(1)(b) of this	1220
section. The signed statement shall be sent to the secretary of	1221
state by certified mail.	1222

(F) As used in this section, "handicapped" means having lost	1223
the use of one or both legs, one or both arms, or any combination	1224
thereof, or being blind or so severely disabled as to be unable to	1225
move about without the aid of crutches or a wheelchair.	1226

Sec. 3501.30. (A) The board of elections shall provide for	1227
each polling place the necessary ballot boxes, official ballots,	1228
cards of instructions, registration forms, pollbooks or poll	1229
lists, tally sheets, forms on which to make summary statements,	1230
writing implements, paper, and all other supplies necessary for	1231
casting and counting the ballots and recording the results of the	1232
voting at the polling place. The pollbooks or poll lists shall	1233
have certificates appropriately printed on them for the signatures	1234
of all the precinct officials, by which they shall certify that,	1235
to the best of their knowledge and belief, the pollbooks or poll	1236
lists correctly show the names of all electors who voted in the	1237
polling place at the election indicated in the pollbooks or poll	1238
lists.	1239

All of the following shall be included among the supplies	1240
provided to each polling place:	1241

(1) A large map of each appropriate precinct, which shall be	1242
displayed prominently to assist persons who desire to register or	1243
vote on election day. Each map shall show all streets within the	1244
precinct and contain identifying symbols of the precinct in bold	1245
print.	1246

(2) Any materials, postings, or instructions required to	1247
comply with state or federal laws;	1248

(3) A flag of the United States approximately two and	1249
one-half feet in length along the top, which shall be displayed	1250
outside the entrance to the polling place during the time it is	1251
open for voting;	1252

(4) Two or more small flags of the United States	1253
approximately fifteen inches in length along the top, which shall	1254
be placed at a distance of one hundred feet from the polling place	1255
on the thoroughfares or walkways leading to the polling place, to	1256
mark the distance within which persons other than election	1257
officials, observers, police officers, and electors waiting to	1258
mark, marking, or casting their ballots shall not loiter,	1259
congregate, or engage in any kind of election campaigning. Where	1260
small flags cannot reasonably be placed one hundred feet from the	1261
polling place, the presiding election judgevoting location	1262
manager shall place the flags as near to one hundred feet from the	1263
entrance to the polling place as is physically possible. Police	1264
officers and all election officials shall see that this	1265
prohibition against loitering and congregating is enforced.	1266

When the period of time during which the polling place is	1267
open for voting expires, all of the flags described in this	1268
division shall be taken into the polling place and shall be	1269
returned to the board together with all other election supplies	1270
required to be delivered to the board.	1271

(B) The board of elections shall follow the instructions and	1272
advisories of the secretary of state in the production and use of	1273
polling place supplies.	1274

Sec. 3501.302. The secretary of state may enter into	1275
agreements for the bulk purchase of election supplies in order to	1276
reduce the costs for such purchases by individual boards of	1277
elections. A board of elections desiring to participate in such	1278
purchase agreements shall file with the secretary of state a	1279
written request for inclusion. A request for inclusion shall	1280
include an agreement to be bound by such terms and conditions as	1281
the secretary of state prescribes and to make direct payments to	1282
the vendor under each purchase agreement.	1283

Sec. 3501.31.  The board of elections shall mail to each	1284
precinct election official notice of the date, hours, and place of	1285
holding each election in the official's respective precinct at	1286
which it desires the official to serve. Each of such officials	1287
shall notify the board immediately upon receipt of such notice of	1288
any inability to serve.	1289

The election official designated as presiding judgevoting	1290
location manager under section 3501.22 of the Revised Code shall	1291
call at the office of the board at such time before the day of the	1292
election, not earlier than the tenth day before the day of the	1293
election, as the board designates to obtain the ballots,	1294
pollbooks, registration forms and lists, and other material to be	1295
used in the official's polling place on election day.	1296

The board may also provide for the delivery of such materials	1297
to polling places in a municipal corporation by members of the	1298
police department of such municipal corporation; or the board may	1299
provide for the delivery of such materials to the presiding judge	1300
voting location manager not earlier than the tenth day before the	1301
election, in any manner it finds to be advisable.	1302

On election day the precinct election officials shall	1303
punctually attend the polling place one-half hour before the time	1304
fixed for opening the polls. Each of the precinct election	1305
officials shall thereupon make and subscribe to a statement which	1306
shall be as follows:	1307

"State of Ohio	1308

County of ...............	1309

I do solemnly swear under the penalty of perjury that I will	1310
support the constitution of the United States of America and the	1311
constitution of the state of Ohio and its laws; that I have not	1312
been convicted of a felony or any violation of the election laws;	1313
that I will discharge to the best of my ability the duties of	1314
judge ofprecinct election official in and for precinct	1315
.................... in the .................... (township) or	1316
(ward and city or village) .................... in the county of	1317
...................., in the election to be held on the ..........	1318
day of ..............., ....., as required by law and the rules	1319
and instructions of the board of elections of said county; and	1320
that I will endeavor to prevent fraud in such election, and will	1321
report immediately to said board any violations of the election	1322
laws which come to my attention, and will not disclose any	1323
information as to how any elector voted which is gained by me in	1324
the discharge of my official duties.	1325

............................................................	1326

............................................................	1327

............................................................	1328

............................................................	1329

............................................................	1330

............................................................	1331

(Signatures of precinct election officials)"	1332

If any of the other precinct election officials is absent at	1333
that time, the presiding judgevoting location manager, with the	1334
concurrence of a majority of the precinct election officials	1335
present, shall appoint a qualified elector who is a member of the	1336
same political party as the political party of which such absent	1337
precinct election official is a member to fill the vacancy until	1338
the board appoints a person to fill such vacancy and the person so	1339
appointed reports for duty at the polling place. The presiding	1340
judgevoting location manager shall promptly notify the board of	1341
such vacancy by telephone or otherwise. The presiding judgevoting	1342
location manager also shall assign the precinct election officials	1343
to their respective duties and shall have general charge of the	1344
polling place.	1345

Sec. 3501.32.  (A) Except as otherwise provided in division	1346
(B) of this section, on the day of the election the polls shall be	1347
opened by proclamation by the presiding judgevoting location	1348
manager, or in histhe manager's absence by a presiding judge	1349
voting location manager chosen by the judgesprecinct election	1350
officials, at six-thirty a.m. and shall be closed by proclamation	1351
at seven-thirty p.m. unless there are voters waiting in line to	1352
cast their ballots, in which case the polls shall be kept open	1353
until such waiting voters have voted.	1354

(B) On the day of the election, any polling place located on	1355
an island not connected to the mainland by a highway or a bridge	1356
may close earlier than seven-thirty p.m. if all registered voters	1357
in the precinct have voted. When a polling place closes under	1358
division (B) of this section the presiding judgevoting location	1359
manager shall immediately notify the board of elections of the	1360
closing.	1361

Sec. 3501.33.  All judges ofprecinct election officials	1362
shall enforce peace and good order in and about the place of	1363
registration or election. They shall especially keep the place of	1364
access of the electors to the polling place open and unobstructed	1365
and prevent and stop any improper practices or attempts tending to	1366
obstruct, intimidate, or interfere with any elector in registering	1367
or voting. They shall protect observers against molestation and	1368
violence in the performance of their duties, and may eject from	1369
the polling place any observer for violation of any provision of	1370
Title XXXV of the Revised Code. They shall prevent riots,	1371
violence, tumult, or disorder. In the discharge of these duties,	1372
they may call upon the sheriff, police, or other peace officers to	1373
aid them in enforcing the law. They may order the arrest of any	1374
person violating Title XXXV of the Revised Code, but such an	1375
arrest shall not prevent the person from registering or voting if	1376
the person is entitled to do so. The sheriff, all constables,	1377
police officers, and other officers of the peace shall immediately	1378
obey and aid in the enforcement of any lawful order made by the	1379
precinct election officials in the enforcement of Title XXXV of	1380
the Revised Code.	1381

Sec. 3501.35. (A) During an election and the counting of the	1382
ballots, no person shall do any of the following:	1383

(1) Loiter, congregate, or engage in any kind of election	1384
campaigning within the area between the polling place and the	1385
small flags of the United States placed on the thoroughfares and	1386
walkways leading to the polling place, and if the line of electors	1387
waiting to vote extends beyond those small flags, within ten feet	1388
of any elector in that line;	1389

(2) In any manner hinder or delay an elector in reaching or	1390
leaving the place fixed for casting the elector's ballot;	1391

(3) Give, tender, or exhibit any ballot or ticket to any	1392
person other than the elector's own ballot to the judge of	1393
precinct election officials within the area between the polling	1394
place and the small flags of the United States placed on the	1395
thoroughfares and walkways leading to the polling place, and if	1396
the line of electors waiting to vote extends beyond those small	1397
flags, within ten feet of any elector in that line;	1398

(4) Exhibit any ticket or ballot which the elector intends to	1399
cast;	1400

(5) Solicit or in any manner attempt to influence any elector	1401
in casting the elector's vote.	1402

(B)(1) Except as otherwise provided in division (B)(2) of	1403
this section and division (C) of section 3503.23 of the Revised	1404
Code, no person who is not an election official, employee,	1405
observer, or police officer shall be allowed to enter the polling	1406
place during the election, except for the purpose of voting or	1407
assisting another person to vote as provided in section 3505.24 of	1408
the Revised Code.	1409

(2) Notwithstanding any provision of this section to the	1410
contrary, a journalist shall be allowed reasonable access to a	1411
polling place during an election. As used in this division,	1412
"journalist" has the same meaning as in division (B)(2) of section	1413
2923.129 of the Revised Code.	1414

(C) No more electors shall be allowed to approach the voting	1415
shelves at any time than there are voting shelves provided.	1416

(D) The judges ofprecinct election officials and the police	1417
officer shall strictly enforce the observance of this section.	1418

Sec. 3501.37.  After each election, the judges of elections	1419
precinct election officials of each precinct, except when the	1420
board of elections assumes the duty, shall see that the movable	1421
booths and other equipment are returned for safekeeping to the	1422
fiscal officer of the township or to the clerk or auditor of the	1423
municipal corporation in which the precinct is situated. The	1424
fiscal officer, clerk, or auditor shall have booths and equipment	1425
on hand and in place at the polling places in each precinct before	1426
the time for opening the polls on election days, and for this	1427
service the board may allow the necessary expenses incurred. In	1428
cities, this duty shall devolve on the board.	1429

Sec. 3501.38.  All declarations of candidacy, nominating	1430
petitions, or other petitions presented to or filed with the	1431
secretary of state or a board of elections or with any other	1432
public office for the purpose of becoming a candidate for any	1433
nomination or office or for the holding of an election on any	1434
issue shall, in addition to meeting the other specific	1435
requirements prescribed in the sections of the Revised Code	1436
relating to them, be governed by the following rules:	1437

(A) Only electors qualified to vote on the candidacy or issue	1438
which is the subject of the petition shall sign a petition. Each	1439
signer shall be a registered elector pursuant to section 3503.11	1440
3503.01 of the Revised Code. The facts of qualification shall be	1441
determined as of the date when the petition is filed.	1442

(B) Signatures shall be affixed in ink. Each signer may also	1443
print the signer's name, so as to clearly identify the signer's	1444
signature.	1445

(C) Each signer shall place on the petition after the	1446
signer's name the date of signing and the location of the signer's	1447
voting residence, including the street and number if in a	1448
municipal corporation or the rural route number, post office	1449
address, or township if outside a municipal corporation. The	1450
voting address given on the petition shall be the address	1451
appearing in the registration records at the board of elections.	1452

(D) Except as otherwise provided in section 3501.382 of the	1453
Revised Code, no person shall write any name other than the	1454
person's own on any petition. Except as otherwise provided in	1455
section 3501.382 of the Revised Code, no person may authorize	1456
another to sign for the person. If a petition contains the	1457
signature of an elector two or more times, only the first	1458
signature shall be counted.	1459

(E)(1) On each petition paper, the circulator shall indicate	1460
the number of signatures contained on it, and shall sign a	1461
statement made under penalty of election falsification that the	1462
circulator witnessed the affixing of every signature, that all	1463
signers were to the best of the circulator's knowledge and belief	1464
qualified to sign, and that every signature is to the best of the	1465
circulator's knowledge and belief the signature of the person	1466
whose signature it purports to be or of an attorney in fact acting	1467
pursuant to section 3501.382 of the Revised Code. On the	1468
circulator's statement for a declaration of candidacy or	1469
nominating petition for a person seeking to become a statewide	1470
candidate or for a statewide initiative or a statewide referendum	1471
petition, the circulator shall identify the circulator's name, the	1472
address of the circulator's permanent residence, and the name and	1473
address of the person employing the circulator to circulate the	1474
petition, if any.	1475

(2) As used in division (E) of this section, "statewide	1476
candidate" means the joint candidates for the offices of governor	1477
and lieutenant governor or a candidate for the office of secretary	1478
of state, auditor of state, treasurer of state, or attorney	1479
general.	1480

(F) Except as otherwise provided in section 3501.382 of the	1481
Revised Code, if a circulator knowingly permits an unqualified	1482
person to sign a petition paper or permits a person to write a	1483
name other than the person's own on a petition paper, that	1484
petition paper is invalid; otherwise, the signature of a person	1485
not qualified to sign shall be rejected but shall not invalidate	1486
the other valid signatures on the paper.	1487

(G) The circulator of a petition may, before filing it in a	1488
public office, strike from it any signature the circulator does	1489
not wish to present as a part of the petition.	1490

(H) Any signer of a petition or an attorney in fact acting	1491
pursuant to section 3501.382 of the Revised Code on behalf of a	1492
signer may remove the signer's signature from that petition at any	1493
time before the petition is filed in a public office by striking	1494
the signer's name from the petition; no signature may be removed	1495
after the petition is filed in any public office.	1496

(I)(1) No alterations, corrections, or additions may be made	1497
to a petition after it is filed in a public office.	1498

(2)(a) No declaration of candidacy, nominating petition, or	1499
other petition for the purpose of becoming a candidate may be	1500
withdrawn after it is filed in a public office. Nothing in this	1501
division prohibits a person from withdrawing as a candidate as	1502
otherwise provided by law.	1503

(b) No petition presented to or filed with the secretary of	1504
state, a board of elections, or any other public office for the	1505
purpose of the holding of an election on any question or issue may	1506
be resubmitted after it is withdrawn from a public office. Nothing	1507
in this division prevents a question or issue petition from being	1508
withdrawn by the filing of a written notice of the withdrawal by a	1509
majority of the members of the petitioning committee with the same	1510
public office with which the petition was filed prior to the	1511
sixtieth day before the election at which the question or issue is	1512
scheduled to appear on the ballot.	1513

(J) All declarations of candidacy, nominating petitions, or	1514
other petitions under this section shall be accompanied by the	1515
following statement in boldface capital letters: WHOEVER COMMITS	1516
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1517

(K) All separate petition papers shall be filed at the same	1518
time, as one instrument.	1519

(L) If a board of elections distributes for use a petition	1520
form for a declaration of candidacy, nominating petition, or any	1521
type of question or issue petition that does not satisfy the	1522
requirements of law as of the date of that distribution, the board	1523
shall not invalidate the petition on the basis that the petition	1524
form does not satisfy the requirements of law, if the petition	1525
otherwise is valid. Division (L) of this section applies only if	1526
the candidate received the petition from the board within ninety	1527
days of when the petition is required to be filed.	1528

Sec. 3501.40. In any administrative review of, or legal	1529
proceeding regarding, the actions of any election official under	1530
Title XXXV of the Revised Code, all of the following shall apply:	1531

(A) No election official shall be presumed to have committed	1532
any error in the course of the election official's duties, unless	1533
that error shall be independently proven by the facts of the	1534
administrative review or legal proceeding.	1535

(B) If an election official has been found to have committed	1536
an error with respect to a particular person or set of	1537
circumstances, that election official shall not be presumed to	1538
have committed an error with respect to any other person or set of	1539
circumstances.	1540

(C) If election officials in one precinct, polling location,	1541
or county are found to have committed an error with respect to a	1542
particular person or set of circumstances, that error shall not be	1543
presumed to have occurred in any other precinct, polling location,	1544
or county.	1545

Sec. 3503.02.  All registrars and judges of elections	1546
precinct election officials, in determining the residence of a	1547
person offering to register or vote, shall be governed by the	1548
following rules:	1549

(A) That place shall be considered the residence of a person	1550
in which the person's habitation is fixed and to which, whenever	1551
the person is absent, the person has the intention of returning.	1552

(B) A person shall not be considered to have lost the	1553
person's residence who leaves the person's home and goes into	1554
another state or county of this state, for temporary purposes	1555
only, with the intention of returning.	1556

(C) A person shall not be considered to have gained a	1557
residence in any county of this state into which the person comes	1558
for temporary purposes only, without the intention of making such	1559
county the permanent place of abode.	1560

(D) The place where the family of a married person resides	1561
shall be considered to be the person's place of residence; except	1562
that when the spouses have separated and live apart, the place	1563
where such a spouse resides the length of time required to entitle	1564
a person to vote shall be considered to be the spouse's place of	1565
residence.	1566

(E) If a person removes to another state with the intention	1567
of making such state the person's residence, the person shall be	1568
considered to have lost the person's residence in this state.	1569

(F) Except as otherwise provided in division (G) of this	1570
section, if a person removes from this state and continuously	1571
resides outside this state for a period of four years or more, the	1572
person shall be considered to have lost the person's residence in	1573
this state, notwithstanding the fact that the person may entertain	1574
an intention to return at some future period.	1575

(G) If a person removes from this state to engage in the	1576
services of the United States government, the person shall not be	1577
considered to have lost the person's residence in this state	1578
during the period of such service, and likewise should the person	1579
enter the employment of the state, the place where such person	1580
resided at the time of the person's removal shall be considered to	1581
be the person's place of residence.	1582

(H) If a person goes into another state and while there	1583
exercises the right of a citizen by voting, the person shall be	1584
considered to have lost the person's residence in this state.	1585

(I) If a person does not have a fixed place of habitation,	1586
but has a shelter or other location at which the person has been a	1587
consistent or regular inhabitant and to which the person has the	1588
intention of returning, that shelter or other location shall be	1589
deemed the person's residence for the purpose of registering to	1590
vote.	1591

Sec. 3503.06. (A) No person shall be entitled to vote at any	1592
election, or to sign or circulate any declaration of candidacy or	1593
any nominating, or recallelection petition, unless the person is	1594
registered as an elector and will have resided in the county and	1595
precinct where the person is registered for at least thirty days	1596
at the time of the next election.	1597

(B)(1) No person shall be entitled to circulate any	1598
initiative or referendum petition unless the person is a resident	1599
of this state.	1600

(2) All election officials, in determining the residence of a	1601
person circulating a petition under division (B)(1) of this	1602
section, shall be governed by the following rules:	1603

(a) That place shall be considered the residence of a person	1604
in which the person's habitation is fixed and to which, whenever	1605
the person is absent, the person has the intention of returning.	1606

(b) A person shall not be considered to have lost the	1607
person's residence who leaves the person's home and goes into	1608
another state for temporary purposes only, with the intention of	1609
returning.	1610

(c) A person shall not be considered to have gained a	1611
residence in any county of this state into which the person comes	1612
for temporary purposes only, without the intention of making that	1613
county the permanent place of abode.	1614

(d) If a person removes to another state with the intention	1615
of making that state the person's residence, the person shall be	1616
considered to have lost the person's residence in this state.	1617

(e) Except as otherwise provided in division (B)(2)(f) of	1618
this section, if a person removes from this state and continuously	1619
resides outside this state for a period of four years or more, the	1620
person shall be considered to have lost the person's residence in	1621
this state, notwithstanding the fact that the person may entertain	1622
an intention to return at some future period.	1623

(f) If a person removes from this state to engage in the	1624
services of the United States government, the person shall not be	1625
considered to have lost the person's residence in this state	1626
during the period of that service, and likewise should the person	1627
enter the employment of the state, the place where that person	1628
resided at the time of the person's removal shall be considered to	1629
be the person's place of residence.	1630

(g) If a person goes into another state and, while there,	1631
exercises the right of a citizen by voting, the person shall be	1632
considered to have lost the person's residence in this state.	1633

(C) No person shall be entitled to sign any initiative or	1634
referendum petition unless the person is registered as an elector	1635
and will have resided in the county and precinct where the person	1636
is registered for at least thirty days at the time of the next	1637
election.	1638

Sec. 3503.14.  (A) The secretary of state shall prescribe the	1639
form and content of the registration, change of residence, and	1640
change of name forms used in this state. The forms shall meet the	1641
requirements of the National Voter Registration Act of 1993 and	1642
shall include spaces for all of the following:	1643

(1) The voter's name;

1644

(2) The voter's address;

1645

(3) The current date;

1646

(4) The voter's date of birth;

1647

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

1648

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

1649

(b) The last four digits of the voter's social security	1650
number, if any;	1651

(c) A copy of a current and valid photo identification, a	1652
copy of a military identification, or a copy of a current utility	1653
bill, bank statement, government check, paycheck, or other	1654
government document, other than a notice of an election mailed by	1655
a board of elections under section 3501.19 of the Revised Code or	1656
a notice of voter registration mailed by a board of elections	1657
under section 3503.19 of the Revised Code, that shows the voter's	1658
name and address.	1659

(6) The voter's signature.

1660

The registration form shall include a space on which the	1661
person registering an applicant shall sign the person's name and	1662
provide the person's address and a space on which the person	1663
registering an applicant shall name the employer who is employing	1664
that person to register the applicant.	1665

Except for forms prescribed by the secretary of state under	1666
section 3503.11 of the Revised Code, the secretary of state shall	1667
permit boards of elections to produce forms that have subdivided	1668
spaces for each individual alphanumeric character of the	1669
information provided by the voter so as to accommodate the	1670
electronic reading and conversion of the voter's information to	1671
data and the subsequent electronic transfer of that data to the	1672
statewide voter registration database established under section	1673
3503.15 of the Revised Code.	1674

(B) None of the following persons who are registering an	1675
applicant in the course of that official's or employee's normal	1676
duties shall sign the person's name, provide the person's address,	1677
or name the employer who is employing the person to register an	1678
applicant on a form prepared under this section:	1679

(1) An election official;

1680

(2) A county treasurer;

1681

(3) A deputy registrar of motor vehicles;

1682

(4) An employee of a designated agency;

1683

(5) An employee of a public high school;

1684

(6) An employee of a public vocational school;

1685

(7) An employee of a public library;

1686

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

1687

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

1688

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

1689

(11) An employee of an election official.

1690

(C) Except as provided in section 3501.382 of the Revised	1691
Code, any applicant who is unable to sign the applicant's own name	1692
shall make an "X," if possible, which shall be certified by the	1693
signing of the name of the applicant by the person filling out the	1694
form, who shall add the person's own signature. If an applicant is	1695
unable to make an "X," the applicant shall indicate in some manner	1696
that the applicant desires to register to vote or to change the	1697
applicant's name or residence. The person registering the	1698
applicant shall sign the form and attest that the applicant	1699
indicated that the applicant desired to register to vote or to	1700
change the applicant's name or residence.	1701

(D) No registration, change of residence, or change of name	1702
form shall be rejected solely on the basis that a person	1703
registering an applicant failed to sign the person's name or	1704
failed to name the employer who is employing that person to	1705
register the applicant as required under division (A) of this	1706
section.	1707

(E) As used in this section, "registering an applicant"	1708
includes any effort, for compensation, to provide voter	1709
registration forms or to assist persons in completing or returning	1710
those forms.	1711

Sec. 3503.15.  (A)(1) The secretary of state shall establish	1712
and maintain a statewide voter registration database that shall be	1713
administered by the office of the secretary of state and made	1714
continuously available to each board of elections and to other	1715
agencies as authorized by law.	1716

(2) State agencies, including, but not limited to, the	1717
department of health, bureau of motor vehicles, department of job	1718
and family services, and the department of rehabilitation and	1719
corrections, shall provide any information and data to the	1720
secretary of state that the secretary of state considers necessary	1721
in order to maintain the statewide voter registration database	1722
established pursuant to this section. The secretary of state shall	1723
ensure that any information or data provided to the secretary of	1724
state that is confidential in the possession of the entity	1725
providing the data remains confidential while in the possession of	1726
the secretary of state.	1727

Information provided under this division for maintenance of	1728
the statewide voter registration database shall not be used to	1729
update the name or address of a registered elector. The name or	1730
address of a registered elector shall only be updated as a result	1731
of the elector's actions in filing a notice of change of name,	1732
change of address, or both.	1733

(3) The secretary of state may enter into agreements to share	1734
information or data with other states or groups of states, as the	1735
secretary of state considers necessary, in order to maintain the	1736
statewide voter registration database established pursuant to this	1737
section. Except as otherwise provided in this division, the	1738
secretary of state shall ensure that any information or data	1739
provided to the secretary of state that is confidential in the	1740
possession of the state providing the data remains confidential	1741
while in the possession of the secretary of state. The secretary	1742
of state may provide such otherwise confidential information or	1743
data to persons or organizations that are engaging in legitimate	1744
governmental purposes related to the maintenance of the statewide	1745
voter registration database.	1746

(B) The statewide voter registration database established	1747
under this section shall be the official list of registered voters	1748
for all elections conducted in this state.	1749

(C) The statewide voter registration database established	1750
under this section shall, at a minimum, include all of the	1751
following:	1752

(1) An electronic network that connects all board of	1753
elections offices with the office of the secretary of state and	1754
with the offices of all other boards of elections;	1755

(2) A computer program that harmonizes the records contained	1756
in the database with records maintained by each board of	1757
elections;	1758

(3) An interactive computer program that allows access to the	1759
records contained in the database by each board of elections and	1760
by any persons authorized by the secretary of state to add,	1761
delete, modify, or print database records, and to conduct updates	1762
of the database;	1763

(4) A search program capable of verifying registered voters	1764
and their registration information by name, driver's license	1765
number, birth date, social security number, or current address;	1766

(5) Safeguards and components to ensure that the integrity,	1767
security, and confidentiality of the voter registration	1768
information is maintained.	1769

(D) The secretary of state shall adopt rules pursuant to	1770
Chapter 119. of the Revised Code doing all of the following:	1771

(1) Specifying the manner in which existing voter	1772
registration records maintained by boards of elections shall be	1773
converted to electronic files for inclusion in the statewide voter	1774
registration database;	1775

(2) Establishing a uniform method for entering voter	1776
registration records into the statewide voter registration	1777
database on an expedited basis, but not less than once per day, if	1778
new registration information is received;	1779

(3) Establishing a uniform method for purging canceled voter	1780
registration records from the statewide voter registration	1781
database in accordance with section 3503.21 of the Revised Code;	1782

(4) Specifying the persons authorized to add, delete, modify,	1783
or print records contained in the statewide voter registration	1784
database and to make updates of that database;	1785

(5) Establishing a process for annually auditing the	1786
information contained in the statewide voter registration	1787
database;	1788

(6) Establishing a uniform method for addressing instances in	1789
which records contained in the statewide voter registration	1790
database do not conform with records maintained by the bureau of	1791
motor vehicles.	1792

(E) A board of elections promptly shall purge a voter's name	1793
and voter registration information shall be purged from the	1794
statewide voter registration database in accordance with the rules	1795
adopted by the secretary of state under division (D)(3) of this	1796
section after the cancellation of a voter's registration under	1797
section 3503.21 of the Revised Code.	1798

(F) The secretary of state shall provide training in the	1799
operation of the statewide voter registration database to each	1800
board of elections and to any persons authorized by the secretary	1801
of state to add, delete, modify, or print database records, and to	1802
conduct updates of the database.	1803

(G)(1) The statewide voter registration database established	1804
under this section shall be made available on a web site of the	1805
office of the secretary of state as follows:	1806

(a) Except as otherwise provided in division (G)(1)(b) of	1807
this section, only the following information from the statewide	1808
voter registration database regarding a registered voter shall be	1809
made available on the web site:	1810

(i) The voter's name;

1811

(ii) The voter's address;

1812

(iii) The voter's precinct number;

1813

(iv) The voter's voting history.

1814

(b) During the thirty days before the day of a primary or	1815
general election, the web site interface of the statewide voter	1816
registration database shall permit a voter to search for the	1817
polling location at which that voter may cast a ballot.	1818

(2) The secretary of state shall establish, by rule adopted	1819
under Chapter 119. of the Revised Code, a process for boards of	1820
elections to notify the secretary of state of changes in the	1821
locations of precinct polling places for the purpose of updating	1822
the information made available on the secretary of state's web	1823
site under division (G)(1)(b) of this section. Those rules shall	1824
require a board of elections, during the thirty days before the	1825
day of a primary or general election, to notify the secretary of	1826
state within one business day of any change to the location of a	1827
precinct polling place within the county.	1828

(3) During the thirty days before the day of a primary or	1829
general election, not later than one business day after receiving	1830
a notification from a county pursuant to division (G)(2) of this	1831
section that the location of a precinct polling place has changed,	1832
the secretary of state shall update that information on the	1833
secretary of state's web site for the purpose of division	1834
(G)(1)(b) of this section.	1835

Sec. 3503.16.  (A) Whenever a registered elector changes the	1836
place of residence of that registered elector from one precinct to	1837
another within a county or from one county to another, or has a	1838
change of name, that registered elector shall report the change by	1839
delivering a change of residence or change of name form, whichever	1840
is appropriate, as prescribed by the secretary of state under	1841
section 3503.14 of the Revised Code to the state or local office	1842
of a designated agency, a public high school or vocational school,	1843
a public library, the office of the county treasurer, the office	1844
of the secretary of state, any office of the registrar or deputy	1845
registrar of motor vehicles, or any office of a board of elections	1846
in person or by a third person. Any voter registration, change of	1847
address, or change of name application, returned by mail, may be	1848
sent only to the secretary of state or the board of elections.	1849

A registered elector also may update the registration of that	1850
registered elector by filing a change of residence or change of	1851
name form on the day of a special, primary, or general election at	1852
the polling place in the precinct in which that registered elector	1853
resides or at the board of elections or at another site designated	1854
by the board.	1855

(B)(1)(a) Any registered elector who moves within a precinct	1856
on or prior to the day of a general, primary, or special election	1857
and has not filed a notice of change of residence with the board	1858
of elections may vote in that election by going to that registered	1859
elector's assigned polling place in the precinct in which the	1860
registered elector resides, completing and signing a notice of	1861
change of residence, showing identification in the form of a	1862
current and valid photo identification, a military identification,	1863
or a copy of a current utility bill, bank statement, government	1864
check, paycheck, or other government document, other than a notice	1865
of an election mailed by a board of elections under section	1866
3501.19 of the Revised Code or a notice of voter registration	1867
mailed by a board of elections under section 3503.19 of the	1868
Revised Code, that shows the name and current address of the	1869
elector, and casting a ballot. If the elector provides either a	1870
driver's license or a state identification card issued under	1871
section 4507.50 of the Revised Code that does not contain the	1872
elector's current residence address, the elector shall provide the	1873
last four digits of the elector's driver's license number or state	1874
identification card number, and the precinct election official	1875
shall mark the poll list or signature pollbook to indicate that	1876
the elector has provided a driver's license or state	1877
identification card number with a former address and record the	1878
last four digits of the elector's driver's license number or state	1879
identification card number.	1880

(b) Any registered elector who changes the name of that	1881
registered elector and remains within a precinct on or prior to	1882
the day of a general, primary, or special election and has not	1883
filed a notice of change of name with the board of elections may	1884
vote in that election by going to that registered elector's	1885
assigned polling place in the precinct in which the registered	1886
elector resides, completing and signing a notice of a change of	1887
name, showing the identification required by division (B)(1)(a) of	1888
this section, and casting a provisional ballot under section	1889
3505.181 of the Revised Code.	1890

(2) Any registered elector who moves from one precinct to	1891
another within a county or moves from one precinct to another and	1892
changes the name of that registered elector on or prior to the day	1893
of a general, primary, or special election and has not filed a	1894
notice of change of residence or change of name, whichever is	1895
appropriate, with the board of elections may vote in that election	1896
if that registered elector complies with division (G) of this	1897
section or does all of the following:	1898

(a) Appears at anytime during regular business hours on or	1899
after the twenty-eighth day prior to the election in which that	1900
registered elector wishes to vote or, if the election is held on	1901
the day of a presidential primary election, the twenty-fifth day	1902
prior to the election, through noon of the Saturday prior to the	1903
electionthe time that absent voter's ballots may be cast in	1904
person at the office of the board of elections, appears at any	1905
time during regular business hours on the Monday prior to the	1906
election at the office of the board of elections, or appears on	1907
the day of the election at either of the following locations:	1908

(i) The polling place in the precinct in which that	1909
registered elector resides;	1910

(ii) The office of the board of elections or, if pursuant to	1911
division (C) of section 3501.10 of the Revised Code the board has	1912
designated another location in the county at which registered	1913
electors may vote, at that other location instead of the office of	1914
the board of elections.	1915

(b) Completes and signs, under penalty of election	1916
falsification, the written affirmation on the provisional ballot	1917
envelope, which shall serve as a notice of change of residence or	1918
change of name, whichever is appropriate, and files it with	1919
election officials at the polling place, at the office of the	1920
board of elections, or, if pursuant to division (C) of section	1921
3501.10 of the Revised Code the board has designated another	1922
location in the county at which registered electors may vote, at	1923
that other location instead of the office of the board of	1924
elections, whichever is appropriate;	1925

(c) Votes a provisional ballot under section 3505.181 of the	1926
Revised Code at the polling place,in the precinct in which the	1927
registered elector resides or at the office of the board of	1928
elections, or, if pursuant to division (C) of section 3501.10 of	1929
the Revised Code the board has designated another location in the	1930
county at which registered electors may vote, at that other	1931
location instead of the office of the board of elections,	1932
whichever is appropriate, using the address to which that	1933
registered elector has moved or the name of that registered	1934
elector as changed, whichever is appropriate;	1935

(d) Completes and signs, under penalty of election	1936
falsification, a statement attesting that that registered elector	1937
moved or had a change of name, whichever is appropriate, on or	1938
prior to the day of the election, has voted a provisional ballot	1939
at the polling place in the precinct in which that registered	1940
elector resides,or at the office of the board of elections, or,	1941
if pursuant to division (C) of section 3501.10 of the Revised Code	1942
the board has designated another location in the county at which	1943
registered electors may vote, at that other location instead of	1944
the office of the board of elections, whichever is appropriate,	1945
and will not vote or attempt to vote at any other location for	1946
that particular election. The statement required under division	1947
(B)(2)(d) of this section shall be included on the notice of	1948
change of residence or change of name, whichever is appropriate,	1949
required under division (B)(2)(b) of this section.	1950

(C) Any registered elector who moves from one county to	1951
another county within the state or moves from one county to	1952
another and changes the name of that registered elector on or	1953
prior to the day of a general, primary, or special election and	1954
has not registered to vote in the county to which that registered	1955
elector moved may vote in that election if that registered elector	1956
complies with division (G) of this section or does all of the	1957
following:	1958

(1) Appears at any time during regular business hours on or	1959
after the twenty-eighth day prior to the election in which that	1960
registered elector wishes to vote or, if the election is held on	1961
the day of a presidential primary election, the twenty-fifth day	1962
prior to the election, through noon of the Saturday prior to the	1963
electionthe time that absent voter's ballots may be cast in	1964
person at the office of the board of elections or, if pursuant to	1965
division (C) of section 3501.10 of the Revised Code the board has	1966
designated another location in the county at which registered	1967
electors may vote, at that other location instead of the office of	1968
the board of elections, appears during regular business hours on	1969
the Monday prior to the election at the office of the board of	1970
elections or, if pursuant to division (C) of section 3501.10 of	1971
the Revised Code the board has designated another location in the	1972
county at which registered electors may vote, at that other	1973
location instead of the office of the board of elections, or	1974
appears on the day of the election at theeither of the following	1975
locations:	1976

(a) The polling place in the precinct in which that elector	1977
resides;	1978

(b) The office of the board of elections or, if pursuant to	1979
division (C) of section 3501.10 of the Revised Code the board has	1980
designated another location in the county at which registered	1981
electors may vote, at that other location instead of the office of	1982
the board of elections;	1983

(2) Completes and signs, under penalty of election	1984
falsification, the written affirmation on the provisional ballot	1985
envelope, which shall serve as a notice of change of residence	1986
and files it with election officials at the board of elections or,	1987
if pursuant to division (C) of section 3501.10 of the Revised Code	1988
the board has designated another location in the county at which	1989
registered electors may vote, at that other location instead of	1990
the office of the board of electionsor change of name, whichever	1991
is appropriate;	1992

(3) Votes a provisional ballot under section 3505.181 of the	1993
Revised Code at the polling place in which the registered elector	1994
resides or at the office of the board of elections or, if pursuant	1995
to division (C) of section 3501.10 of the Revised Code the board	1996
has designated another location in the county at which registered	1997
electors may vote, at that other location instead of the office of	1998
the board of elections, using the address to which that registered	1999
elector has moved or the name of that registered elector as	2000
changed, whichever is appropriate;	2001

(4) Completes and signs, under penalty of election	2002
falsification, a statement attesting that that registered elector	2003
has moved from one county to another county within the state or	2004
moved from one county to another and changed the elector's name,	2005
whichever is appropriate, on or prior to the day of the election,	2006
has voted at the office of the board of elections or, if pursuant	2007
to division (C) of section 3501.10 of the Revised Code the board	2008
has designated another location in the county at which registered	2009
electors may vote, at that other location instead of the office of	2010
the board of elections, and will not vote or attempt to vote at	2011
any other location for that particular election. The statement	2012
required under division (C)(4) of this section shall be included	2013
on the notice of change of residence required under division	2014
(C)(2) of this section.	2015

(D) A person who votes by absent voter's ballots pursuant to	2016
division (G) of this section shall not make written application	2017
for the ballots pursuant to Chapter 3509. of the Revised Code.	2018
Ballots cast pursuant to division (G) of this section shall be set	2019
aside in a special envelope and counted during the official	2020
canvass of votes in the manner provided for in sections 3505.32	2021
and 3509.06 of the Revised Code insofar as that manner is	2022
applicable. The board shall examine the pollbooks to verify that	2023
no ballot was cast at the polls or by absent voter's ballots under	2024
Chapter 3509. or 3511. of the Revised Code by an elector who has	2025
voted by absent voter's ballots pursuant to division (G) of this	2026
section. Any ballot determined to be insufficient for any of the	2027
reasons stated above or stated in section 3509.07 of the Revised	2028
Code shall not be counted.	2029

Subject to division (C) of section 3501.10 of the Revised	2030
Code, a board of elections may lease or otherwise acquire a site	2031
different from the office of the board at which registered	2032
electors may vote pursuant to division (B) or (C) of this section.	2033

(E) Upon receiving a change of residence or change of name	2034
form, the board of elections shall immediately send the registrant	2035
an acknowledgment notice. If the change of residence or change of	2036
name form is valid, the board shall update the voter's	2037
registration as appropriate. If that form is incomplete, the board	2038
shall inform the registrant in the acknowledgment notice specified	2039
in this division of the information necessary to complete or	2040
update that registrant's registration.	2041

(F) Change of residence and change of name forms shall be	2042
available at each polling place, and when these forms are	2043
completed, noting changes of residence or name, as appropriate,	2044
they shall be filed with election officials at the polling place.	2045
Election officials shall return completed forms, together with the	2046
pollbooks and tally sheets, to the board of elections.	2047

The board of elections shall provide change of residence and	2048
change of name forms to the probate court and court of common	2049
pleas. The court shall provide the forms to any person eighteen	2050
years of age or older who has a change of name by order of the	2051
court or who applies for a marriage license. The court shall	2052
forward all completed forms to the board of elections within five	2053
days after receiving them.	2054

(G) A registered elector who otherwise would qualify to vote	2055
under division (B) or (C) of this section but is unable to appear	2056
at the office of the board of elections or, if pursuant to	2057
division (C) of section 3501.10 of the Revised Code the board has	2058
designated another location in the county at which registered	2059
electors may vote, at that other location, on account of personal	2060
illness, physical disability, or infirmity, may vote on the day of	2061
the election if that registered elector does all of the following:	2062

(1) Makes a written application that includes all of the	2063
information required under section 3509.03 of the Revised Code to	2064
the appropriate board for an absent voter's ballot on or after the	2065
twenty-seventhtwenty-first day prior to the election in which the	2066
registered elector wishes to vote through noonsix p.m. of the	2067
SaturdayFriday prior to that election and requests that the	2068
absent voter's ballot be sent to the address to which the	2069
registered elector has moved if the registered elector has moved,	2070
or to the address of that registered elector who has not moved but	2071
has had a change of name;	2072

(2) Declares that the registered elector has moved or had a	2073
change of name, whichever is appropriate, and otherwise is	2074
qualified to vote under the circumstances described in division	2075
(B) or (C) of this section, whichever is appropriate, but that the	2076
registered elector is unable to appear at the board of elections	2077
because of personal illness, physical disability, or infirmity;	2078

(3) Completes and returns along with the completed absent	2079
voter's ballot a notice of change of residence indicating the	2080
address to which the registered elector has moved, or a notice of	2081
change of name, whichever is appropriate;	2082

(4) Completes and signs, under penalty of election	2083
falsification, a statement attesting that the registered elector	2084
has moved or had a change of name on or prior to the day before	2085
the election, has voted by absent voter's ballot because of	2086
personal illness, physical disability, or infirmity that prevented	2087
the registered elector from appearing at the board of elections,	2088
and will not vote or attempt to vote at any other location or by	2089
absent voter's ballot mailed to any other location or address for	2090
that particular election.	2091

Sec. 3503.161.  The secretary of state, by rule, shall	2092
establish a secure online process to allow registered voters who	2093
have changed their place of residence to update their voter	2094
registration through the internet. The rules shall provide for all	2095
of the following:	2096

(A) A registered elector to update the elector's residential	2097
address information with the secretary of state online through the	2098
internet;	2099

(B) The elector's residential address information to be	2100
updated in the statewide voter registration database, if all of	2101
the following apply:	2102

(1) The online change of residence form contains all of the	2103
required information;	2104

(2) The elector is currently registered to vote in this	2105
state; and	2106

(3) The elector's name, new residence address, birthdate, and	2107
other information contained on the change of residence form	2108
matches the same information in the records of the bureau of motor	2109
vehicles regarding the elector.	2110

Sec. 3503.18. (A)(1) The chief health officer of each	2111
political subdivision and the director of health shall file with	2112
the secretary of state and each board of elections, at least once	2113
each month, the names, social security numbers, dates of birth,	2114
dates of death, and residences of all persons, over eighteen years	2115
of age, who have died within such subdivision or within this state	2116
or another state, respectively, within such month.	2117

(2) The secretary of state and the director of health shall	2118
jointly establish a secure electronic system through which they	2119
shall exchange the information described in division (A)(1) of	2120
this section regarding the death of a registered elector.	2121

(B) At least once each month, each probate judge in this	2122
state shall file with the board of elections the names and	2123
residence addresses of all persons over eighteen years of age who	2124
have been adjudicated incompetent for the purpose of voting, as	2125
provided in section 5122.301 of the Revised Code. At	2126

(C) At least once each month the clerk of the court of common	2127
pleas shall file with the board the names and residence addresses	2128
of all persons who have been convicted during the previous month	2129
of crimes that would disfranchise such persons under existing laws	2130
of the state. Reports of conviction of crimes under the laws of	2131
the United States that would disfranchise an elector and that are	2132
provided to the secretary of state by any United States attorney	2133
shall be forwarded by the secretary of state to the appropriate	2134
board of elections.	2135

(D) Upon receiving a report required by this section, the	2136
board of elections shall promptly cancel the registration of each	2137
elector named in the report shall be promptly canceled by the	2138
secretary of state or the board of elections, as applicable. If a	2139
board of elections receives the report, and the report contains a	2140
residence address of an elector in a county other than the county	2141
in which the board of elections is located, the director shall	2142
promptly send a copy of the report to the appropriate board of	2143
elections, which shall cancel the registration.	2144

Sec. 3503.19.  (A) Persons qualified to register or to change	2145
their registration because of a change of address or change of	2146
name may register or change their registration in person at any	2147
state or local office of a designated agency, at the office of the	2148
registrar or any deputy registrar of motor vehicles, at a public	2149
high school or vocational school, at a public library, at the	2150
office of a county treasurer, or at a branch office established by	2151
the board of elections, or in person, through another person, or	2152
by mail at the office of the secretary of state or at the office	2153
of a board of elections. A registered elector may also change the	2154
elector's registration on election day at any polling place where	2155
the elector is eligible to vote, in the manner provided under	2156
section 3503.16 of the Revised Code.	2157

Any state or local office of a designated agency, the office	2158
of the registrar or any deputy registrar of motor vehicles, a	2159
public high school or vocational school, a public library, or the	2160
office of a county treasurer shall transmit any voter registration	2161
application or change of registration form that it receives to the	2162
board of elections of the county in which the state or local	2163
office is located, within five business days after receiving the	2164
voter registration application or change of registration form.	2165

An otherwise valid voter registration application that is	2166
returned to the appropriate office other than by mail must be	2167
received by a state or local office of a designated agency, the	2168
office of the registrar or any deputy registrar of motor vehicles,	2169
a public high school or vocational school, a public library, the	2170
office of a county treasurer, the office of the secretary of	2171
state, or the office of a board of elections no later than the	2172
thirtieth day preceding a primary, special, or general election	2173
for the person to qualify as an elector eligible to vote at that	2174
election. An otherwise valid registration application received	2175
after that day entitles the elector to vote at all subsequent	2176
elections.	2177

Any state or local office of a designated agency, the office	2178
of the registrar or any deputy registrar of motor vehicles, a	2179
public high school or vocational school, a public library, or the	2180
office of a county treasurer shall date stamp a registration	2181
application or change of name or change of address form it	2182
receives using a date stamp that does not disclose the identity of	2183
the state or local office that receives the registration.	2184

Voter registration applications, if otherwise valid, that are	2185
returned by mail to the office of the secretary of state or to the	2186
office of a board of elections must be postmarked no later than	2187
the thirtieth day preceding a primary, special, or general	2188
election in order for the person to qualify as an elector eligible	2189
to vote at that election. If an otherwise valid voter registration	2190
application that is returned by mail does not bear a postmark or a	2191
legible postmark, the registration shall be valid for that	2192
election if received by the office of the secretary of state or	2193
the office of a board of elections no later than twenty-five days	2194
preceding any special, primary, or general election.	2195

(B)(1) Any person may apply in person, by telephone, by mail,	2196
or through another person for voter registration forms to the	2197
office of the secretary of state or the office of a board of	2198
elections. An individual who is eligible to vote as a uniformed	2199
services voter or an overseas voter in accordance with 42 U.S.C.	2200
1973ff-6 also may apply for voter registration forms by electronic	2201
means to the office of the secretary of state or to the board of	2202
elections of the county in which the person's voting residence is	2203
located pursuant to section 3503.191 of the Revised Code.	2204

(2)(a) An applicant may return the applicant's completed	2205
registration form in person or by mail to any state or local	2206
office of a designated agency, to a public high school or	2207
vocational school, to a public library, to the office of a county	2208
treasurer, to the office of the secretary of state, or to the	2209
office of a board of elections. An applicant who is eligible to	2210
vote as a uniformed services voter or an overseas voter in	2211
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2212
completed voter registration form electronically to the office of	2213
the secretary of state or to the board of elections of the county	2214
in which the person's voting residence is located pursuant to	2215
section 3503.191 of the Revised Code.	2216

(b) Subject to division (B)(2)(c) of this section, an	2217
applicant may return the applicant's completed registration form	2218
through another person to any board of elections or the office of	2219
the secretary of state.	2220

(c) A person who receives compensation for registering a	2221
voter shall return any registration form entrusted to that person	2222
by an applicant to any board of elections or to the office of the	2223
secretary of state.	2224

(d) If a board of elections or the office of the secretary of	2225
state receives a registration form under division (B)(2)(b) or (c)	2226
of this section before the thirtieth day before an election, the	2227
board or the office of the secretary of state, as applicable,	2228
shall forward the registration to the board of elections of the	2229
county in which the applicant is seeking to register to vote	2230
within ten days after receiving the application. If a board of	2231
elections or the office of the secretary of state receives a	2232
registration form under division (B)(2)(b) or (c) of this section	2233
on or after the thirtieth day before an election, the board or the	2234
office of the secretary of state, as applicable, shall forward the	2235
registration to the board of elections of the county in which the	2236
applicant is seeking to register to vote within thirty days after	2237
that election.	2238

(C)(1) A board of elections that receives a voter	2239
registration application and is satisfied as to the truth of the	2240
statements made in the registration form shall register the	2241
applicant not later than twenty business days after receiving the	2242
application, unless that application is received during the thirty	2243
days immediately preceding the day of an election. The board shall	2244
promptly notify the applicant in writing of each of the following:	2245

(a) The applicant's registration;

2246

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

2247

(c) In bold type as follows:

2248

"Voters must bring identification to the polls in order to	2249
verify identity. Identification may include a current and valid	2250
photo identification, a military identification, or a copy of a	2251
current utility bill, bank statement, government check, paycheck,	2252
or other government document, other than this notification or a	2253
notification of an election mailed by a board of elections, that	2254
shows the voter's name and current address. Voters who do not	2255
provide one of these documents will still be able to vote by	2256
providing the last four digits of the voter's social security	2257
number and by casting a provisional ballot. Voters who do not have	2258
any of the above forms of identification, including a social	2259
security number, will still be able to vote by signing an	2260
affirmation swearing to the voter's identity under penalty of	2261
election falsification and by casting a provisional ballot."	2262

The notification shall be by nonforwardable mail. If the mail	2263
is returned to the board, it shall investigate and cause the	2264
notification to be delivered to the correct address.	2265

(2) If, after investigating as required under division (C)(1)	2266
of this section, the board is unable to verify the voter's correct	2267
address, it shall cause the voter's name in the official	2268
registration list and in the poll list or signature pollbook to be	2269
marked to indicate that the voter's notification was returned to	2270
the board.	2271

At the first election at which a voter whose name has been so	2272
marked appears to vote, the voter shall be required to provide	2273
identification to the election officials and to vote by	2274
provisional ballot under section 3505.181 of the Revised Code. If	2275
the provisional ballot is counted pursuant to division (B)(3) of	2276
section 3505.183 of the Revised Code, the board shall correct that	2277
voter's registration, if needed, and shall remove the indication	2278
that the voter's notification was returned from that voter's name	2279
on the official registration list and on the poll list or	2280
signature pollbook. If the provisional ballot is not counted	2281
pursuant to division (B)(4)(a)(i),or (v), or (vi) of section	2282
3505.183 of the Revised Code, the voter's registration shall be	2283
canceled. The board shall notify the voter by United States mail	2284
of the cancellation.	2285

(3) If a notice of the disposition of an otherwise valid	2286
registration application is sent by nonforwardable mail and is	2287
returned undelivered, the person shall be registered as provided	2288
in division (C)(2) of this section and sent a confirmation notice	2289
by forwardable mail. If the person fails to respond to the	2290
confirmation notice, update the person's registration, or vote by	2291
provisional ballot as provided in division (C)(2) of this section	2292
in any election during the period of two federal elections	2293
subsequent to the mailing of the confirmation notice, the person's	2294
registration shall be canceled.	2295

Sec. 3503.21.  (A) The registration of a registered elector	2296
shall be canceled upon the occurrence of any of the following:	2297

(1) The filing by a registered elector of a written request	2298
with a board of elections, on a form prescribed by the secretary	2299
of state and signed by the elector, that the registration be	2300
canceled. The filing of such a request does not prohibit an	2301
otherwise qualified elector from reregistering to vote at any	2302
time.	2303

(2) The filing of a notice of the death of a registered	2304
elector as provided in section 3503.18 of the Revised Code;	2305

(3) The filing with the board of elections of a certified	2306
copy of the death certificate of a registered elector by the	2307
deceased elector's spouse, parent, or child, by the administrator	2308
of the deceased elector's estate, or by the executor of the	2309
deceased elector's will;	2310

(4) The conviction of the registered elector of a felony	2311
under the laws of this state, any other state, or the United	2312
States as provided in section 2961.01 of the Revised Code;	2313

(3)(5) The adjudication of incompetency of the registered	2314
elector for the purpose of voting as provided in section 5122.301	2315
of the Revised Code;	2316

(5)(6) The change of residence of the registered elector to a	2317
location outside the county of registration in accordance with	2318
division (B) of this section;	2319

(6)(7) The failure of the registered elector, after having	2320
been mailed a confirmation notice, to do either of the following:	2321

(a) Respond to such a notice and vote at least once during a	2322
period of four consecutive years, which period shall include two	2323
general federal elections;	2324

(b) Update the elector's registration and vote at least once	2325
during a period of four consecutive years, which period shall	2326
include two general federal elections.	2327

(B)(1) The secretary of state shall prescribe procedures to	2328
identify and cancel the registration in a prior county of	2329
residence of any registrant who changes the registrant's voting	2330
residence to a location outside the registrant's current county of	2331
registration. Any procedures prescribed in this division shall be	2332
uniform and nondiscriminatory, and shall comply with the Voting	2333
Rights Act of 1965. The secretary of state may prescribe	2334
procedures under this division that include the use of the	2335
national change of address service provided by the United States	2336
postal system through its licensees. Any program so prescribed	2337
shall be completed not later than ninety days prior to the date of	2338
any primary or general election for federal office.	2339

(2) The registration of any elector identified as having	2340
changed the elector's voting residence to a location outside the	2341
elector's current county of registration shall not be canceled	2342
unless the registrant is sent a confirmation notice on a form	2343
prescribed by the secretary of state and the registrant fails to	2344
respond to the confirmation notice or otherwise update the	2345
registration and fails to vote in any election during the period	2346
of two federal elections subsequent to the mailing of the	2347
confirmation notice.	2348

(C) The registration of a registered elector shall not be	2349
canceled except as provided in this section, division (Q) of	2350
section 3501.05 of the Revised Code, division (C)(2) of section	2351
3503.19 of the Revised Code, or division (C) of section 3503.24 of	2352
the Revised Code.	2353

(D) Boards of elections shall send their voter registration	2354
information to the secretary of state as required under section	2355
3503.15 of the Revised Code. In the first quarter of each	2356
odd-numbered year, the secretary of state shall send the	2357
information to the national change of address service described in	2358
division (B) of this section and request that service to provide	2359
the secretary of state with a list of any voters sent by the	2360
secretary of state who have moved within the last thirty-six	2361
months. The secretary of state shall transmit to each appropriate	2362
board of elections whatever lists the secretary of state receives	2363
from that service. The board shall send a notice to each person on	2364
the list transmitted by the secretary of state requesting	2365
confirmation of the person's change of address, together with a	2366
postage prepaid, preaddressed return envelope containing a form on	2367
which the voter may verify or correct the change of address	2368
information.	2369

(E) The registration of a registered elector described in	2370
division (A)(6)(7) or (B)(2) of this section shall be canceled not	2371
later than one hundred twenty days after the date of the second	2372
general federal election in which the elector fails to vote or not	2373
later than one hundred twenty days after the expiration of the	2374
four-year period in which the elector fails to vote or respond to	2375
a confirmation notice, whichever is later.	2376

Sec. 3503.26.  (A) All registration forms and lists, when not	2377
in official use by the registrars or judges of electionsprecinct	2378
election officials, shall be in the possession of the board of	2379
elections. Names and addresses of electors may be copied from the	2380
registration lists only in the office of the board when it is open	2381
for business; but no such copying shall be permitted during the	2382
period of time commencing twenty-one days before an election and	2383
ending on the eleventh day after an election if such copying will,	2384
in the opinion of the board, interfere with the necessary work of	2385
the board. The board shall keep in convenient form and available	2386
for public inspection a correct set of the registration lists of	2387
all precincts in the county.	2388

(B) Notwithstanding division (A) of this section, the board	2389
of elections shall maintain and make available for public	2390
inspection and copying at a reasonable cost all records concerning	2391
the implementation of programs and activities conducted for the	2392
purpose of ensuring the accuracy and currency of voter	2393
registration lists, including the names and addresses of all	2394
registered electors sent confirmation notices and whether or not	2395
the elector responded to the confirmation notice. The board shall	2396
maintain all records described in this division for a period of	2397
two years.	2398

Sec. 3503.28.  (A) The secretary of state shall develop an	2399
information brochure regarding voter registration. The brochure	2400
shall include, but is not limited to, all of the following	2401
information:	2402

(1) The applicable deadlines for registering to vote or for	2403
returning an applicant's completed registration form;	2404

(2) The applicable deadline for returning an applicant's	2405
completed registration form if the person returning the form is	2406
being compensated for registering voters;	2407

(3) The locations to which a person may return an applicant's	2408
completed registration form;	2409

(4) The location to which a person who is compensated for	2410
registering voters may return an applicant's completed	2411
registration form;	2412

(5) The registration and affirmation requirements applicable	2413
to persons who are compensated for registering voters under	2414
section 3503.29 of the Revised Code;	2415

(6) A notice, which shall be written in bold type, stating as	2416
follows:	2417

"Voters must bring identification to the polls in order to	2418
verify identity. Identification may include a current and valid	2419
photo identification, a military identification, or a copy of a	2420
current utility bill, bank statement, government check, paycheck,	2421
or other government document, other than a notice of an election	2422
or a voter registration notification sent by a board of elections,	2423
that shows the voter's name and current address. Voters who do not	2424
provide one of these documents will still be able to vote by	2425
providing the last four digits of the voter's social security	2426
number and by casting a provisional ballot. Voters who do not have	2427
any of the above forms of identification, including a social	2428
security number, will still be able to vote by signing an	2429
affirmation swearing to the voter's identity under penalty of	2430
election falsification and by casting a provisional ballot."	2431

(B) Except as otherwise provided in division (D) of this	2432
section, a board of elections, designated agency, public high	2433
school, public vocational school, public library, office of a	2434
county treasurer, or deputy registrar of motor vehicles shall	2435
distribute a copy of the brochure developed under division (A) of	2436
this section to any person who requests more than two voter	2437
registration forms at one time.	2438

(C)(1) The secretary of state shall provide the information	2439
required to be included in the brochure developed under division	2440
(A) of this section to any person who prints a voter registration	2441
form that is made available on a web site of the office of the	2442
secretary of state.	2443

(2) If a board of elections operates and maintains a web	2444
site, the board shall provide the information required to be	2445
included in the brochure developed under division (A) of this	2446
section to any person who prints a voter registration form that is	2447
made available on that web site.	2448

(D) A board of elections shall not be required to distribute	2449
a copy of a brochure under division (B) of this section to any of	2450
the following officials or employees who are requesting more than	2451
two voter registration forms at one time in the course of the	2452
official's or employee's normal duties:	2453

(1) An election official;

2454

(2) A county treasurer;

2455

(3) A deputy registrar of motor vehicles;

2456

(4) An employee of a designated agency;

2457

(5) An employee of a public high school;

2458

(6) An employee of a public vocational school;

2459

(7) An employee of a public library;

2460

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

2461

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

2462

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

2463

(11) An employee of an election official.

2464

(E)(C) As used in this section, "registering voters" includes	2465
any effort, for compensation, to provide voter registration forms	2466
or to assist persons in completing or returning those forms.	2467

Sec. 3505.05. At any time prior to the seventieth day before	2468
the day of an election at which a question or issue, other than a	2469
statewide question or issue, is certified to appear on the ballot,	2470
the political subdivision, taxing authority, or other entity that	2471
placed the issue on the ballot may remove that issue from the	2472
ballot using the same process that the entity used to originally	2473
certify the issue for placement on the ballot.	2474

Upon receipt of a notification that a question or issue has	2475
been withdrawn, the board of elections shall remove that question	2476
or issue from the ballot.	2477

Sec. 3505.11.  (A) The ballots, with the stubs attached,	2478
shall be bound into tablets for each precinct, which tablets shall	2479
contain at least one per cent more ballots than the total	2480
registration in the precinct, except as otherwise provided in	2481
division (B) of this section. Upon the covers of the tablets shall	2482
be written, printed, or stamped the designation of the precinct	2483
for which the ballots have been prepared. All official ballots	2484
shall be printed uniformly upon the same kind and quality of paper	2485
and shall be of the same shape, size, and type.	2486

Electors who have failed to respond within thirty days to any	2487
confirmation notice shall not be counted in determining the number	2488
of ballots to be printed under this section.	2489

(B)(1) A board of elections may choose to provide ballots on	2490
demand. If a board so chooses, the board shall have prepared for	2491
each precinct at least five per cent more ballots for an election	2492
than the number specified below for that kind of election:	2493

(a) For a primary election or a special election held on the	2494
day of a primary election, the total number of electors in that	2495
precinct who voted in the primary election held four years	2496
previously or, if no primary election was held four years	2497
previously, the total number of electors in that precinct who	2498
voted in a similarly situated primary, as determined by the board;	2499

(b) For a general election or a special election held on the	2500
day of a general election, the total number of electors in that	2501
precinct who voted in the general election held four years	2502
previously;	2503

(c) For a special election held at any time other than on the	2504
day of a primary or general election, the total number of electors	2505
in that precinct who voted in the most recent primary or general	2506
election, whichever of those elections occurred in the precinct	2507
most recently.	2508

(2) If, after the board complies with the requirements of	2509
division (B)(1) of this section, the election officials of a	2510
precinct determine that the precinct will not have enough ballots	2511
to enable all the qualified electors in the precinct who wish to	2512
vote at a particular election to do so, the officials shall	2513
request that the board provide additional ballots, and the board	2514
shall provide enough additional ballots, to that precinct in a	2515
timely manner so that all qualified electors in that precinct who	2516
wish to vote at that election may do so.	2517

Sec. 3505.17.  If by accident or casualty the ballots or	2518
other required papers, lists, or supplies are lost or destroyed,	2519
or in case none are delivered at the polling place, or if during	2520
the time the polls are open additional ballots or supplies are	2521
required, the board of elections, upon requisition by telephone or	2522
in writing and signed by a majority of the precinct election	2523
judgesofficials of the precinct stating why such additional	2524
supplies are needed, shall supply them as speedily as possible.	2525

Sec. 3505.18. (A)(1) When an elector appears in a polling	2526
place to vote, the elector shall announce to the precinct election	2527
officials the elector's full name and current address and provide	2528
proof of the elector's identity in the form of a current and valid	2529
photo identification, a military identification, or a copy of a	2530
current utility bill, bank statement, government check, paycheck,	2531
or other government document, other than a notice of an election	2532
mailed by a board of elections under section 3501.19 of the	2533
Revised Code or a notice of voter registration mailed by a board	2534
of elections under section 3503.19 of the Revised Code, that shows	2535
the name and current address of the elector. If the elector	2536
provides either a driver's license or a state identification card	2537
issued under section 4507.50 of the Revised Code that does not	2538
contain the elector's current residence address, the elector shall	2539
provide the last four digits of the elector's driver's license	2540
number or state identification card number, and the precinct	2541
election official shall mark the poll list or signature pollbook	2542
to indicate that the elector has provided a driver's license or	2543
state identification card number with a former address and record	2544
the last four digits of the elector's driver's license number or	2545
state identification card number.	2546

(2) If an elector has but is unable to provide to the	2547
precinct election officials any of the forms of identification	2548
required under division (A)(1) of this section, but has a social	2549
security number, the elector may provide the last four digits of	2550
the elector's social security number. Upon providing the social	2551
security number information, the elector may cast a provisional	2552
ballot under section 3505.181 of the Revised Code, the envelope of	2553
which ballot shall include that social security number	2554
information.	2555

(3) If an elector has but is unable to provide to the	2556
precinct election officials any of the forms of identification	2557
required under division (A)(1) of this section and if the elector	2558
has a social security number but is unable to provide the last	2559
four digits of the elector's social security number, the elector	2560
may cast a provisional ballot under section 3505.181 of the	2561
Revised Code.	2562

(4) If an elector does not have any of the forms of	2563
identification required under division (A)(1) of this section and	2564
cannot provide the last four digits of the elector's social	2565
security number because the elector does not have a social	2566
security number, the elector may execute an affirmation under	2567
penalty of election falsification that the elector cannot provide	2568
the identification required under that division or the last four	2569
digits of the elector's social security number for those reasons	2570
that reason. Upon signing the affirmation, the elector may cast a	2571
provisional ballot under section 3505.181 of the Revised Code. The	2572
secretary of state shall prescribe the form of the affirmation,	2573
which shall include spaces for the elector to complete all of the	2574
following:	2575

(a) The elector's name;

2576

(b) The elector's address;

2577

(c) The current datelast four digits of the elector's social	2578
security number or the elector's Ohio driver's license number or	2579
state identification card number;	2580

(d) The elector's date of birth;

2581

(e) The elector's signature.

2582

(5)(4) If an elector does not have any of the forms of	2583
identification required under division (A)(1) of this section and	2584
cannot provide the last four digits of the elector's social	2585
security number because the elector does not have a social	2586
security number, and if the elector declines to execute an	2587
affirmation under division (A)(4)(3) of this section, the elector	2588
may cast a provisional ballot under section 3505.181 of the	2589
Revised Code, the envelope of which ballot shall include the	2590
elector's namebut the ballot will not be counted.	2591

(6) If an elector has but declines to provide to the precinct	2592
election officials any of the forms of identification required	2593
under division (A)(1) of this section or the elector has a social	2594
security number but declines to provide to the precinct election	2595
officials the last four digits of the elector's social security	2596
number, the elector may cast a provisional ballot under section	2597
3505.181 of the Revised Code.	2598

(B) After the elector has announced the elector's full name	2599
and current address and provided any of the forms of	2600
identification required under division (A)(1) of this section, the	2601
elector shall write the elector's name and addresssignature at	2602
the proper place in the poll list or signature pollbook provided	2603
for the purpose, except that if, for any reason, an elector is	2604
unable to write the elector's name and current addresssignature	2605
in the poll list or signature pollbook, the elector may make the	2606
elector's mark at the place intended for the elector's name	2607
signature, and a precinct election official shall write the name	2608
of the elector at the proper place on the poll list or signature	2609
pollbook following the elector's mark. The making of such a mark	2610
shall be attested by the precinct election official, who shall	2611
evidence the same by signing the precinct election official's name	2612
on the poll list or signature pollbook as a witness to the mark.	2613
Alternatively, if applicable, an attorney in fact acting pursuant	2614
to section 3501.382 of the Revised Code may sign the elector's	2615
signature in the poll list or signature pollbook in accordance	2616
with that section.	2617

The elector's signature in the poll list or signature	2618
pollbook then shall be compared with the elector's signature on	2619
the elector's registration form or a digitized signature list as	2620
provided for in section 3503.13 of the Revised Code, and if, in	2621
the opinion of a majority of the precinct election officials, the	2622
signatures are the signatures of the same person, the election	2623
officials shall enter the date of the election on the registration	2624
form or shall record the date by other means prescribed by the	2625
secretary of state. The validity of an attorney in fact's	2626
signature on behalf of an elector shall be determined in	2627
accordance with section 3501.382 of the Revised Code.	2628

If the right of the elector to vote is not then challenged,	2629
or, if being challenged, the elector establishes the elector's	2630
right to vote, the elector shall be allowed to proceed to use the	2631
voting machine. If voting machines are not being used in that	2632
precinct, the judge in charge of ballots shall then detach the	2633
next ballots to be issued to the elector from Stub B attached to	2634
each ballot, leaving Stub A attached to each ballot, hand the	2635
ballots to the elector, and call the elector's name and the stub	2636
number on each of the ballots. The judge shall enter the stub	2637
numbers opposite the signature of the elector in the pollbook. The	2638
elector shall then retire to one of the voting compartments to	2639
mark the elector's ballots. No mark shall be made on any ballot	2640
which would in any way enable any person to identify the person	2641
who voted the ballot.	2642

Sec. 3505.181.  (A) All of the following individuals shall be	2643
permitted to cast a provisional ballot at an election:	2644

(1) An individual who declares that the individual is a	2645
registered voter in the jurisdiction in which the individual	2646
desires to vote and that the individual is eligible to vote in an	2647
election, but the name of the individual does not appear on the	2648
official list of eligible voters for the polling place or an	2649
election official asserts that the individual is not eligible to	2650
vote;	2651

(2) An individual who has a social security number and	2652
provides to the election officials the last four digits of the	2653
individual's social security number as permitted by division	2654
(A)(2) of section 3505.18 of the Revised Code;	2655

(3) An individual who has but is unable to provide to the	2656
election officials any of the forms of identification required	2657
under division (A)(1) of section 3505.18 of the Revised Code and	2658
who has a social security number but is unable to provide the last	2659
four digits of the individual's social security number as	2660
permitted under division (A)(2) of that section;	2661

(4)(3) An individual who does not have any of the forms of	2662
identification required under division (A)(1) of section 3505.18	2663
of the Revised Code, who cannot provide the last four digits of	2664
the individual's social security number under division (A)(2) of	2665
that section because the individual does not have a social	2666
security number, and who has executedexecutes an affirmation as	2667
permittedunder division (A)(3) of that section or declines to	2668
execute an affirmation under division (A)(4) of that section;	2669

(5)(4) An individual whose name in the poll list or signature	2670
pollbook has been marked under section 3509.09 or 3511.13 of the	2671
Revised Code as having requested an absent voter's ballot or an	2672
armed servicea uniformed services or overseas absent voter's	2673
ballot for that election and who appears to vote at the polling	2674
place;	2675

(6)(5) An individual whose notification of registration has	2676
been returned undelivered to the board of elections and whose name	2677
in the official registration list and in the poll list or	2678
signature pollbook has been marked under division (C)(2) of	2679
section 3503.19 of the Revised Code;	2680

(7)(6) An individual who is challenged under section 3505.20	2681
of the Revised Code and the election officials determine that the	2682
person is ineligible to vote or are unable to determine the	2683
person's eligibility to vote;	2684

(8)(7) An individual whose application or challenge hearing	2685
has been postponed until after the day of the election under	2686
division (D)(1) of section 3503.24 of the Revised Code;	2687

(9)(8) An individual who changes the individual's name and	2688
remains within the precinct, moves from one precinct to another	2689
within a county, moves from one precinct to another and changes	2690
the individual's name, or moves from one county to another within	2691
the state, or moves from one county to another and changes the	2692
individual's name and completes and signs the required forms and	2693
statements under division (B) or (C) of section 3503.16 of the	2694
Revised Code;	2695

(10)(9) An individual whose signature, in the opinion of the	2696
precinct officers under section 3505.22 of the Revised Code, is	2697
not that of the person who signed that name in the registration	2698
forms;	2699

(11)(10) An individual who is challenged under section	2700
3513.20 of the Revised Code who refuses to make the statement	2701
required under that section, who a majority of the precinct	2702
officials find lacks any of the qualifications to make the	2703
individual a qualified elector, or who a majority of the precinct	2704
officials find is not affiliated with or a member of the political	2705
party whose ballot the individual desires to vote;	2706

(12) An individual who does not have any of the forms of	2707
identification required under division (A)(1) of section 3505.18	2708
of the Revised Code, who cannot provide the last four digits of	2709
the individual's social security number under division (A)(2) of	2710
that section because the person does not have a social security	2711
number, and who declines to execute an affirmation as permitted	2712
under division (A)(4) of that section;	2713

(13) An individual who has but declines to provide to the	2714
precinct election officials any of the forms of identification	2715
required under division (A)(1) of section 3501.18 of the Revised	2716
Code or who has a social security number but declines to provide	2717
to the precinct election officials the last four digits of the	2718
individual's social security number(11) An individual who is	2719
casting a ballot after the time for the closing of the polls under	2720
section 3501.32 of the Revised Code pursuant to a court order	2721
extending the time for the closing of the polls.	2722

(B) An individual who is eligible to cast a provisional	2723
ballot under division (A) of this section shall be permitted to	2724
cast a provisional ballot as follows:	2725

(1) An election official at the polling place shall notify	2726
the individual that the individual may cast a provisional ballot	2727
in that election.	2728

(2) The individual shall be permitted to cast a provisional	2729
ballot at that polling place upon the execution of a written	2730
affirmation by the individual before an election official at the	2731
polling place stating that the individual is both of the	2732
following:	2733

(a) A registered voter in the jurisdiction in which the	2734
individual desires to vote;	2735

(b) Eligible to vote in that election.

2736

If the individual declines to execute the affirmation, the	2737
election official shall not record any of the information required	2738
to be provided by the individual on the affirmation. The election	2739
official shall explain to the individual that the provisional	2740
ballot will not be counted.	2741

(3) An election official at the polling place shall transmit	2742
the ballot cast by the individual,and the voter information	2743
contained in the written affirmation executed by the individual	2744
under division (B)(2) of this section, or the individual's name if	2745
the individual declines to execute such an affirmation to an	2746
appropriate local election official for verification under	2747
division (B)(4) of this section.	2748

(4) If the appropriate local election official to whom the	2749
ballot or voter or address information is transmitted under	2750
division (B)(3) of this section determines that the individual is	2751
eligible to vote, the individual's provisional ballot shall be	2752
counted as a vote in that election.	2753

(5)(a) At the time that an individual casts a provisional	2754
ballot, the appropriate local election official shall give the	2755
individual written information that states that any individual who	2756
casts a provisional ballot will be able to ascertain under the	2757
system established under division (B)(5)(4)(b) of this section	2758
whether the vote was counted, and, if the vote was not counted,	2759
the reason that the vote was not counted.	2760

(b) The appropriate state or local election official shall	2761
establish a free access system, in the form of a toll-free	2762
telephone number, that any individual who casts a provisional	2763
ballot may access to discover whether the vote of that individual	2764
was counted, and, if the vote was not counted, the reason that the	2765
vote was not counted. The free access system established under	2766
this division also shall provide to an individual whose	2767
provisional ballot was not counted information explaining how that	2768
individual may contact the board of elections to register to vote	2769
or to resolve problems with the individual's voter registration.	2770

The appropriate state or local election official shall	2771
establish and maintain reasonable procedures necessary to protect	2772
the security, confidentiality, and integrity of personal	2773
information collected, stored, or otherwise used by the free	2774
access system established under this division. Access to	2775
information about an individual ballot shall be restricted to the	2776
individual who cast the ballot.	2777

(6) If, at the time that an individual casts a provisional	2778
ballot, the individual provides identification in the form of a	2779
current and valid photo identification, a military identification,	2780
or a copy of a current utility bill, bank statement, government	2781
check, paycheck, or other government document, other than a notice	2782
of an election mailed by a board of elections under section	2783
3501.19 of the Revised Code or a notice of voter registration	2784
mailed by a board of elections under section 3503.19 of the	2785
Revised Code, that shows the individual's name and current	2786
address, or provides the last four digits of the individual's	2787
social security number, or executes an affirmation that the	2788
elector does not have any of those forms of identification or the	2789
last four digits of the individual's social security number	2790
because the individual does not have a social security number, or	2791
declines to execute such an affirmation, the appropriate local	2792
election official shall record the type of identification	2793
provided, the social security number information, the fact that	2794
the affirmation was executed, or the fact that the individual	2795
declined to execute such an affirmation and include that	2796
information with the transmission of the ballot or voter or	2797
address information under division (B)(3) of this section. If the	2798
individual declines to execute such an affirmation, the	2799
appropriate local election official shall record the individual's	2800
name and include that information with the transmission of the	2801
ballot under division (B)(3) of this section.	2802

(7)(5) If an individual casts a provisional ballot pursuant	2803
to division (A)(3), (7), (8), (12), or (13)(7) of this section,	2804
the election official shall indicate, on the provisional ballot	2805
verification statement required under section 3505.182 of the	2806
Revised Code, that the individual is required to provide	2807
additional information to the board of elections or that an	2808
application or challenge hearing has been postponed with respect	2809
to the individual, such that additional information is required	2810
for the board of elections to determine the eligibility of the	2811
individual who cast the provisional ballot.	2812

(8) During the ten days after the day of an election, an	2813
individual who casts a provisional ballot pursuant to division	2814
(A)(3), (7), (12), or (13) of this section shall appear at the	2815
office of the board of elections and provide to the board any	2816
additional information necessary to determine the eligibility of	2817
the individual who cast the provisional ballot.	2818

(a) For a provisional ballot cast pursuant to division	2819
(A)(3), (12), or (13) of this section to be eligible to be	2820
counted, the individual who cast that ballot, within ten days	2821
after the day of the election, shall do any of the following:	2822

(i) Provide to the board of elections proof of the	2823
individual's identity in the form of a current and valid photo	2824
identification, a military identification, or a copy of a current	2825
utility bill, bank statement, government check, paycheck, or other	2826
government document, other than a notice of an election mailed by	2827
a board of elections under section 3501.19 of the Revised Code or	2828
a notice of voter registration mailed by a board of elections	2829
under section 3503.19 of the Revised Code, that shows the	2830
individual's name and current address;	2831

(ii) Provide to the board of elections the last four digits	2832
of the individual's social security number;	2833

(iii) In the case of a provisional ballot executed pursuant	2834
to division (A)(12) of this section, execute an affirmation as	2835
permitted under division (A)(4) of section 3505.18 of the Revised	2836
Code.	2837

(b) For a provisional ballot cast pursuant to division (A)(7)	2838
of this section to be eligible to be counted, the individual who	2839
cast that ballot, within ten days after the day of that election,	2840
shall provide to the board of elections any identification or	2841
other documentation required to be provided by the applicable	2842
challenge questions asked of that individual under section 3505.20	2843
of the Revised Code.	2844

(C)(1) If an individual declares that the individual is	2845
eligible to vote in a jurisdiction other than the jurisdiction in	2846
which the individual desires to vote, or if, upon review of the	2847
precinct voting location guide using the residential street	2848
address provided by the individual, an election official at the	2849
polling place at which the individual desires to vote determines	2850
that the individual is not eligible to vote in that jurisdiction,	2851
the election official shall direct the individual to the polling	2852
place for the jurisdiction in which the individual appears to be	2853
eligible to vote, explain that the individual may cast a	2854
provisional ballot at the current location but the ballot will not	2855
be counted if it is cast in the wrong precinct, and provide the	2856
telephone number of the board of elections in case the individual	2857
has additional questions.	2858

(2) If theThe individual refuses tomay travel to the	2859
polling place for the correct jurisdiction or to the office of the	2860
board of elections to cast a ballot, or the individual shall be	2861
permitted to vote a provisional ballot at that jurisdiction in	2862
accordance with division (B) of this section. If any of the	2863
following apply, the provisional ballot cast by that individual	2864
shall not be opened or counted:	2865

(a) The individual is not properly registered in that	2866
jurisdiction.	2867

(b) The individual is not eligible to vote in that election	2868
in that jurisdiction.	2869

(c) The individual's eligibility to vote in that jurisdiction	2870
in that election cannot be established upon examination of the	2871
records on file with the board of elections.	2872

(D) The appropriate local election official shall cause	2873
voting information to be publicly posted at each polling place on	2874
the day of each election.	2875

(E) As used in this section and sections 3505.182 and	2876
3505.183 of the Revised Code:	2877

(1) "Jurisdiction" means the precinct in which a person is a	2878
legally qualified elector.	2879

(2) "Precinct voting location guide" means either of the	2880
following:	2881

(a) An electronic or paper record that lists the correct	2882
jurisdiction and polling place for either each specific	2883
residential street address in the county or the range of	2884
residential street addresses located in each neighborhood block in	2885
the county;	2886

(b) Any other method that a board of elections creates that	2887
allows a precinct election official or any elector who is at a	2888
polling place in that county to determine the correct jurisdiction	2889
and polling place of any qualified elector who resides in the	2890
county.	2891

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

2892

(a) A sample version of the ballot that will be used for that	2893
election;	2894

(b) Information regarding the date of the election and the	2895
hours during which polling places will be open;	2896

(c) Instructions on how to vote, including how to cast a vote	2897
and how to cast a provisional ballot;	2898

(d) Instructions for mail-in registrants and first-time	2899
voters under applicable federal and state laws;	2900

(e) General information on voting rights under applicable	2901
federal and state laws, including information on the right of an	2902
individual to cast a provisional ballot and instructions on how to	2903
contact the appropriate officials if these rights are alleged to	2904
have been violated;	2905

(f) General information on federal and state laws regarding	2906
prohibitions against acts of fraud and misrepresentation.	2907

Sec. 3505.182.  Each individual who casts a provisional	2908
ballot under section 3505.181 of the Revised Code shall execute a	2909
written affirmation. The secretary of state shall prescribe the	2910
form of the written affirmation, which shall be printed upon the	2911
face of the provisional ballot envelope and shall be substantially	2912
as follows:	2913

"Provisional Ballot Affirmation	2914

STATE OF OHIO	2915

I, .................... (Name of provisional voter), solemnly	2916
swear or affirm that I am a registered voter in the jurisdiction	2917
in which I am voting this provisional ballot and that I am	2918
eligible to vote in the election in which I am voting this	2919
provisional ballot.	2920

I understand that, if the above-provided information is not	2921
fully completed and correct, if the board of elections determines	2922
that I am not registered to vote, a resident of this precinct, or	2923
eligible to vote in this election, or if the board of elections	2924
determines that I have already voted in this election, my	2925
provisional ballot will not be counted. I further understand that	2926
knowingly providing false information is a violation of law and	2927
subjects me to possible criminal prosecution.	2928

I hereby declare, under penalty of election falsification,	2929
that the above statements are true and correct to the best of my	2930
knowledge and belief.	2931

			2932
	(Signature of Voter)		2933
			2934
	(Voter's date of birth)		2935

	The last four digits of the voter's social security number		2936
			2937
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		2938

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	2939
OF THE FIFTH DEGREE.	2940

Additional Information For Determining Ballot Validity	2941

(May be completed at voter's discretion)	2942

Voter's current address:				2943
Voter's former address if photo identification does not contain voter's current address				2944
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				2945
(Please circle number type)				2946
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				2947
Reason for voting provisional ballot (Check one):				2948
..... Requested, but did not receive, absent voter's ballot				2949
..... Other				2950

Verification Statement	2951

(To be completed by election official)	2952

The Provisional Ballot Affirmation printed above was	2953
subscribed and affirmed before me this .......... day of	2954
.......... (Month), .......... (Year).	2955

(If applicable, the election official must check the	2956
following true statement concerning additional information needed	2957
to determine the eligibility of the provisional voter.)	2958

...... The provisional voter is required to provide	2959
additional information to the board of elections.	2960

...... An application or challenge hearing regarding this	2961
voter has been postponed until after the election.	2962

(The election official must check the following true	2963
statement concerning identification provided by the provisional	2964
voter, if any.)	2965

...... The provisional voter provided a current and valid	2966
photo identification.	2967

...... The provisional voter provided a current valid photo	2968
identification, other than a driver's license or a state	2969
identification card, with the voter's former address instead of	2970
current address and has provided the election official both the	2971
current and former addresses.	2972

...... The provisional voter provided a military	2973
identification or a copy of a current utility bill, bank	2974
statement, government check, paycheck, or other government	2975
document, other than a notice of an election mailed by a board of	2976
elections under section 3501.19 of the Revised Code or a notice of	2977
voter registration mailed by a board of elections under section	2978
3503.19 of the Revised Code, with the voter's name and current	2979
address.	2980

...... The provisional voter provided the last four digits of	2981
the voter's social security number.	2982

...... The provisional voter is not able to provide a current	2983
and valid photo identification, a military identification, or a	2984
copy of a current utility bill, bank statement, government check,	2985
paycheck, or other government document, other than a notice of an	2986
election mailed by a board of elections under section 3501.19 of	2987
the Revised Code or a notice of voter registration mailed by a	2988
board of elections under section 3503.19 of the Revised Code, with	2989
the voter's name and current address but does have one of these	2990
forms of identification. The provisional voter must provide one of	2991
the foregoing items of identification to the board of elections	2992
within ten days after the election.	2993

..... The provisional voter is not able to provide a current	2994
and valid photo identification, a military identification, or a	2995
copy of a current utility bill, bank statement, government check,	2996
paycheck, or other government document, other than a notice of an	2997
election mailed by a board of elections under section 3501.19 of	2998
the Revised Code or a notice of voter registration mailed by a	2999
board of elections under section 3503.19 of the Revised Code, with	3000
the voter's name and current address but does have one of these	3001
forms of identification. Additionally, the provisional voter does	3002
have a social security number but is not able to provide the last	3003
four digits of the voter's social security number before voting.	3004
The provisional voter must provide one of the foregoing items of	3005
identification or the last four digits of the voter's social	3006
security number to the board of elections within ten days after	3007
the election.	3008

..... The provisional voter does not have a current and valid	3009
photo identification, a military identification, a copy of a	3010
current utility bill, bank statement, government check, paycheck,	3011
or other government document with the voter's name and current	3012
address, or a social security number, but has executed an	3013
affirmation.	3014

..... The provisional voter does not have a current and valid	3015
photo identification, a military identification, a copy of a	3016
current utility bill, bank statement, government check, paycheck,	3017
or other government document with the voter's name and current	3018
address, or a social security number, and has declined to execute	3019
an affirmation.	3020

..... The provisional voter declined to provide a current and	3021
valid photo identification, a military identification, a copy of a	3022
current utility bill, bank statement, government check, paycheck,	3023
or other government document with the voter's name and current	3024
address, or the last four digits of the voter's social security	3025
number but does have one of these forms of identification or a	3026
social security number. The provisional voter must provide one of	3027
the foregoing items of identification or the last four digits of	3028
the voter's social security number to the board of elections	3029
within ten days after the election.	3030

			3031
	(Signature of Election Official)"		3032

In addition to any information required to be included on the	3033
written affirmation, an individual casting a provisional ballot	3034
may provide additional information to the election official to	3035
assist the board of elections in determining the individual's	3036
eligibility to vote in that election, including the date and	3037
location at which the individual registered to vote, if known.	3038

If the individual declines to execute the affirmation, an	3039
appropriate local election official shall comply with division	3040
(B)(6) of section 3505.181 of the Revised Code.	3041

Sec. 3505.183.  (A) When the ballot boxes are delivered to	3042
the board of elections from the precincts, the board shall	3043
separate the provisional ballot envelopes from the rest of the	3044
ballots. Teams of employees of the board consisting of one member	3045
of each major political party shall place the sealed provisional	3046
ballot envelopes in a secure location within the office of the	3047
board. The sealed provisional ballot envelopes shall remain in	3048
that secure location until the validity of those ballots is	3049
determined under division (B) of this section. While the	3050
provisional ballot is stored in that secure location, and prior to	3051
the counting of the provisional ballots, if the board receives	3052
information regarding the validity of a specific provisional	3053
ballot under division (B) of this section, the board may note, on	3054
the sealed provisional ballot envelope for that ballot, whether	3055
the ballot is valid and entitled to be counted.	3056

(B)(1) To determine whether a provisional ballot is valid and	3057
entitled to be counted, the board shall examine itsthe	3058
affirmation executed by the provisional voter, the statewide voter	3059
registration database, and other records maintained by the board	3060
of elections and determine whether the individual who cast the	3061
provisional ballot is registered and eligible to vote in the	3062
applicable election. The board shall examine the information	3063
contained in the written affirmation executed by the individual	3064
who cast the provisional ballot under division (B)(2) of section	3065
3505.181 of the Revised Code. If the individual declines to	3066
execute such an affirmation, the individual's name, written by	3067
either the individual or the election official at the direction of	3068
the individual, shall be included in a written affirmation in	3069
order for the provisional ballot to be eligible to be counted;	3070
otherwise, theThe following information shall be included by the	3071
provisional voter in the written affirmation in order for the	3072
provisional ballot to be eligible to be counted:	3073

(a) The individual's printed name and;

3074

(b) The individual's signature;

3075

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

3076

(d) The last four digits of the individual's social security	3077
number, the individual's driver's license number or state	3078
identification card number, or an affirmative notation that the	3079
individual provided the required identification under division	3080
(A)(1) of section 3505.18 of the Revised Code;	3081

(e) The individual's residence address;

3082

(f) A statement that the individual is a registered voter in	3083
the jurisdiction in which the provisional ballot is being voted;	3084

(c)(g) A statement that the individual is eligible to vote in	3085
the election in which the provisional ballot is being voted.	3086

(2) In addition to the information required to be included in	3087
an affirmation under division (B)(1) of this section, in	3088
determining whether a provisional ballot is valid and entitled to	3089
be counted, the board also shall examine any additional	3090
information for determining ballot validity provided by the	3091
provisional voter on the affirmation, provided by the provisional	3092
voter to an election official under section 3505.182 of the	3093
Revised Code, or provided to the board of elections during the ten	3094
days after the day of the election under division (B)(8) of	3095
section 3505.181 of the Revised Code, to assist the board in	3096
determining the individual's eligibility to vote.	3097

(3) If, in examining a provisional ballot affirmation and	3098
additional information under divisions (B)(1) and (2) of this	3099
section, the board determines that all of the following apply, the	3100
provisional ballot envelope shall be opened, and the ballot shall	3101
be placed in a ballot box to be counted:	3102

(a) The individual named on the affirmation is properly	3103
registered to vote.	3104

(b) The individual named on the affirmation is eligible to	3105
cast a ballot in the precinct and for the election in which the	3106
individual cast the provisional ballot.	3107

(c) The individual provided all of the information required	3108
under division (B)(1) of this section in the affirmation that the	3109
individual executed at the time the individual cast the	3110
provisional ballot.	3111

(d) If applicable, the individual provided any additional	3112
information required under division (B)(8) of section 3505.181 of	3113
the Revised Code within ten days after the day of the election.	3114

(e) If applicable, the hearing conducted under division (B)	3115
of section 3503.24 of the Revised Code after the day of the	3116
election resulted in the individual's inclusion in the official	3117
registration list.	3118

(4)(3)(a) If, in examining a provisional ballot affirmation	3119
and additional information under divisions (B)(1) and (2) of this	3120
section, the board determines that any of the following applies,	3121
the provisional ballot envelope shall not be opened, and the	3122
ballot shall not be counted:	3123

(i) The individual named on the affirmation is not qualified	3124
or is not properly registered to vote.	3125

(ii) The individual named on the affirmation is not eligible	3126
to cast a ballot in the precinct or for the election in which the	3127
individual cast the provisional ballot.	3128

(iii) The individual did not provide all of the information	3129
required under division (B)(1) of this section in the affirmation	3130
that the individual executed at the time the individual cast the	3131
provisional ballot.	3132

(iv) The individual has already cast a ballot for the	3133
election in which the individual cast the provisional ballot.	3134

(v) If applicable, the individual did not provide any	3135
additional information required under division (B)(8) of section	3136
3505.181 of the Revised Code within ten days after the day of the	3137
election.	3138

(vi) If applicable, the hearing conducted under division (B)	3139
of section 3503.24 of the Revised Code after the day of the	3140
election did not result in the individual's inclusion in the	3141
official registration list.	3142

(vii) The individual failed to provide a current and valid	3143
photo identification, a military identification, a copy of a	3144
current utility bill, bank statement, government check, paycheck,	3145
or other government document, other than a notice of an election	3146
mailed by a board of elections under section 3501.19 of the	3147
Revised Code or a notice of voter registration mailed by a board	3148
of elections under section 3503.19 of the Revised Code, with the	3149
voter's name and current address, or the last four digits of the	3150
individual's social security number or to execute an affirmation	3151
under division (A) of section 3505.18 or division (B) of section	3152
3505.181 of the Revised Code.	3153

(b) If, in examining a provisional ballot affirmation and	3154
additional information under divisions (B)(1) and (2) of this	3155
section, the board is unable to determine either of the following,	3156
the provisional ballot envelope shall not be opened, and the	3157
ballot shall not be counted:	3158

(i) Whether the individual named on the affirmation is	3159
qualified or properly registered to vote;	3160

(ii) Whether the individual named on the affirmation is	3161
eligible to cast a ballot in the precinct or for the election in	3162
which the individual cast the provisional ballot.	3163

(C)(1) For each provisional ballot rejected under division	3164
(B)(4)(3) of this section, the board shall record the name of the	3165
provisional voter who cast the ballot, the identification number	3166
of the provisional ballot envelope, the names of the election	3167
officials who determined the validity of that ballot, the date and	3168
time that the determination was made, and the reason that the	3169
ballot was not counted.	3170

(2) Provisional ballots that are rejected under division	3171
(B)(4)(3) of this section shall not be counted but shall be	3172
preserved in their provisional ballot envelopes unopened until the	3173
time provided by section 3505.31 of the Revised Code for the	3174
destruction of all other ballots used at the election for which	3175
ballots were provided, at which time they shall be destroyed.	3176

(D) Provisional ballots that the board determines are	3177
eligible to be counted under division (B)(3)(2) of this section	3178
shall be counted in the same manner as provided for other ballots	3179
under section 3505.27 of the Revised Code. No provisional ballots	3180
shall be counted in a particular county until the board determines	3181
the eligibility to be counted of all provisional ballots cast in	3182
that county under division (B) of this section for that election.	3183
Observers, as provided in section 3505.21 of the Revised Code, may	3184
be present at all times that the board is determining the	3185
eligibility of provisional ballots to be counted and counting	3186
those provisional ballots determined to be eligible. No person	3187
shall recklessly disclose the count or any portion of the count of	3188
provisional ballots in such a manner as to jeopardize the secrecy	3189
of any individual ballot.	3190

(E)(1) Except as otherwise provided in division (E)(2) of	3191
this section, nothing in this section shall prevent a board of	3192
elections from examining provisional ballot affirmations and	3193
additional information under divisions (B)(1) and (2) of this	3194
section to determine the eligibility of provisional ballots to be	3195
counted during the ten days after the day of an election.	3196

(2) A board of elections shall not examine the provisional	3197
ballot affirmation and additional information under divisions	3198
(B)(1) and (2) of this section of any provisional ballot for which	3199
an election official has indicated under division (B)(7)(5) of	3200
section 3505.181 of the Revised Code that additional information	3201
is required for the board of elections to determine the	3202
eligibility of the individual who cast that provisional ballot	3203
until the individual provides any information required under	3204
division (B)(8) of section 3505.181 of the Revised Codean	3205
application or challenge hearing has been postponed, until any	3206
hearing required to be conducted under section 3503.24 of the	3207
Revised Code with regard to the provisional voter is held, or	3208
until the eleventh day after the day of the election, whichever is	3209
earlier.	3210

Sec. 3505.20.  Any person offering to vote may be challenged	3211
at the polling place by any judge of electionsprecinct election	3212
official. If the board of elections has ruled on the question	3213
presented by a challenge prior to election day, its finding and	3214
decision shall be final, and the presiding judgevoting location	3215
manager shall be notified in writing. If the board has not ruled,	3216
the question shall be determined as set forth in this section. If	3217
any person is so challenged as unqualified to vote, the presiding	3218
judgevoting location manager shall tender the person the	3219
following oath: "You do swear or affirm under penalty of election	3220
falsification that you will fully and truly answer all of the	3221
following questions put to you concerning your qualifications as	3222
an elector at this election."	3223

(A) If the person is challenged as unqualified on the ground	3224
that the person is not a citizen, the judges shall put the	3225
following questionsquestion:	3226

(1) Are you a citizen of the United States?

3227

(2) Are you a native or naturalized citizen?

3228

(3) Where were you born?

3229

(4) What official documentation do you possess to prove your	3230
citizenship? Please provide that documentation.	3231

If the person offering to vote claims to be a naturalized	3232
citizen of the United States, the person shall, before the vote is	3233
received, produce for inspection of the judges a certificate of	3234
naturalization and declare under oath that the person is the	3235
identical person named in the certificate. If the person states	3236
under oath that, by reason of the naturalization of the person's	3237
parents or one of them, the person has become a citizen of the	3238
United States, and when or where the person's parents were	3239
naturalized, the certificate of naturalization need not be	3240
produced. If the person is unable to provide a certificate of	3241
naturalization on the day of the election, the judges shall	3242
provide to the person, and the person may vote, a provisional	3243
ballot under section 3505.181 of the Revised Code. The provisional	3244
ballot shall not be counted unless it is properly completed and	3245
the board of elections determines that the voter is properly	3246
registered and eligible to vote in the election.	3247

(B) If the person is challenged as unqualified on the ground	3248
that the person has not resided in this state for thirty days	3249
immediately preceding the election, the judgesprecinct election	3250
officials shall put the following questions:	3251

(1) Have you resided in this state for thirty days	3252
immediately preceding this election? If so, where have you	3253
resided?	3254

(2) Did you properly register to vote?

3255

(3) Can you provide some form of identification containing	3256
your current mailing address in this precinct? Please provide that	3257
identification.	3258

(4) Have you voted or attempted to vote at any other location	3259
in this or in any other state at this election?	3260

(5) Have you applied for an absent voter's ballot in any	3261
state for this election?	3262

If the judgesprecinct election officials are unable to	3263
verify the person's eligibility to cast a ballot in the election,	3264
the judgesprecinct election officials shall provide to the	3265
person, and the person may vote, a provisional ballot under	3266
section 3505.181 of the Revised Code. The provisional ballot shall	3267
not be counted unless it is properly completed and the board of	3268
elections determines that the voter is properly registered and	3269
eligible to vote in the election.	3270

(C) If the person is challenged as unqualified on the ground	3271
that the person is not a resident of the precinct where the person	3272
offers to vote, the judgesprecinct election officials shall put	3273
the following questions:	3274

(1) Do you reside in this precinct?

3275

(2) When did you move into this precinct?

3276

(3) When you came into this precinct, did you come for a	3277
temporary purpose merely or for the purpose of making it your	3278
home?	3279

(4) What is your current mailing address?

3280

(5) Do you have some official identification containing your	3281
current address in this precinct? Please provide that	3282
identification.	3283

(6) Have you voted or attempted to vote at any other location	3284
in this or in any other state at this election?	3285

(7) Have you applied for any absent voter's ballot in any	3286
state for this election?	3287

The judgesprecinct election officials shall direct an	3288
individual who is not in the appropriate polling place to the	3289
appropriate polling place. If the individual refuses to go to the	3290
appropriate polling place, or if the judgesprecinct election	3291
officials are unable to verify the person's eligibility to cast a	3292
ballot in the election, the judgesprecinct election officials	3293
shall provide to the person, and the person may vote, a	3294
provisional ballot under section 3505.181 of the Revised Code. The	3295
provisional ballot shall not be counted unless it is properly	3296
completed and the board of elections determines that the voter is	3297
properly registered and eligible to vote in the election.	3298

(D) If the person is challenged as unqualified on the ground	3299
that the person is not of legal voting age, the judgesprecinct	3300
election officials shall put the following questions:	3301

(1) Are you eighteen years of age or more?

3302

(2) What is your date of birth?

3303

(3) Do you have some official identification verifying your	3304
age? Please provide that identification.	3305

If the judgesprecinct election officials are unable to	3306
verify the person's age and eligibility to cast a ballot in the	3307
election, the judgesprecinct election officials shall provide to	3308
the person, and the person may vote, a provisional ballot under	3309
section 3505.181 of the Revised Code. The provisional ballot shall	3310
not be counted unless it is properly completed and the board of	3311
elections determines that the voter is properly registered and	3312
eligible to vote in the election.	3313

The presiding judge shall put such other questions to the	3314
person challenged as are necessary to determine the person's	3315
qualifications as an elector at the election. If a person	3316
challenged refuses to answer fully any question put to the person,	3317
is unable to answer the questions as they were answered on the	3318
registration form by the person under whose name the person offers	3319
to vote, or refuses to sign the person's name or make the person's	3320
mark, or if for any other reason a majority of the judgesprecinct	3321
election officials believes the person is not entitled to vote,	3322
the judgesprecinct election officials shall provide to the	3323
person, and the person may vote, a provisional ballot under	3324
section 3505.181 of the Revised Code. The provisional ballot shall	3325
not be counted unless it is properly completed and the board of	3326
elections determines that the voter is properly registered and	3327
eligible to vote in the election.	3328

A qualified citizen who has certified the citizen's intention	3329
to vote for president and vice-president as provided by Chapter	3330
3504. of the Revised Code shall be eligible to receive only the	3331
ballot containing presidential and vice-presidential candidates.	3332

However, prior to the nineteenth day before the day of an	3333
election and in accordance with section 3503.24 of the Revised	3334
Code, any person qualified to vote may challenge the right of any	3335
other person to be registered as a voter, or the right to cast an	3336
absent voter's ballot, or to make application for such ballot.	3337
Such challenge shall be made in accordance with section 3503.24 of	3338
the Revised Code, and the board of elections of the county in	3339
which the voting residence of the challenged voter is situated	3340
shall make a final determination relative to the legality of such	3341
registration or application.	3342

Sec. 3505.21. (A) As used in this section, "during the	3343
casting of the ballots" includes any time during which a board of	3344
elections permits an elector to vote an absent voter's ballot in	3345
person at the office of the board and any time ballots may be cast	3346
in a precinct polling place on the day of an election.	3347

(B) At any primary, special, or general election, any	3348
political party supporting candidates to be voted upon at such	3349
election and any group of five or more candidates may appoint to	3350
the board of elections or to any of the precincts in the county or	3351
city one person, a qualified elector, who shall serve as observer	3352
for such party or such candidates during the casting of the	3353
ballots and during the counting of the ballots; provided that	3354
separate observers may be appointed to serve during the casting	3355
and during the counting of the ballots. No candidate, no uniformed	3356
peace officer as defined by section 2935.01 of the Revised Code,	3357
no uniformed state highway patrol trooper, no uniformed member of	3358
any fire department, no uniformed member of the armed services, no	3359
uniformed member of the organized militia, no person wearing any	3360
other uniform, and no person carrying a firearm or other deadly	3361
weapon shall serve as an observer, nor shall any candidate be	3362
represented by more than one observer at any one precinct at the	3363
board of elections except that a candidate who is a member of a	3364
party controlling committee, as defined in section 3517.03 of the	3365
Revised Code, may serve as an observer. Any	3366

(C) Any political party or group of candidates appointing	3367
observers shall notify the board of elections of the names and	3368
addresses of its appointees and the precincts at which they shall	3369
serve or that they will serve at the board of elections.	3370
Notification of observers appointed to serve on the day of an	3371
election shall take place not less than eleven days before the day	3372
of the election on forms prescribed by the secretary of state and	3373
may be amended by filing an amendment with the board of elections	3374
at any time until four p.m. of the day before the election.	3375
Notification of observers appointed to serve at the office of the	3376
board during the time absent voter's ballots may be cast in person	3377
shall take place not less than eleven days before absent voter's	3378
ballots are required to be ready for use pursuant to division	3379
(B)(3) of section 3509.01 of the Revised Code on forms prescribed	3380
by the secretary of state and may be amended by filing an	3381
amendment with the board of elections at any time until four p.m.	3382
of the day before the observer is appointed to serve. The observer	3383
serving on behalf of a political party shall be appointed in	3384
writing by the chairperson and secretary of the respective	3385
controlling party committee. Observers serving for any five or	3386
more candidates shall have their certificates signed by those	3387
candidates. Observers appointed to a precinct may file their	3388
certificates of appointment with the presiding judgevoting	3389
location manager of the precinct at the meeting on the evening	3390
prior to the election, or with the presiding judgevoting location	3391
manager of the precinct on the day of the election. UponObservers	3392
appointed to the office of the board to observe the casting of	3393
absent voter's ballots in person prior to the day of the election	3394
may file their certificates with the director of the board of	3395
elections the day before or on the day that the observers are	3396
scheduled to serve at the office of the board.	3397

Upon the filing of a certificate, the person named as	3398
observer in the certificate shall be permitted to be in and about	3399
the applicable polling place for the precinct during the casting	3400
of the ballots and shall be permitted to watch every proceeding of	3401
the judges of electionsprecinct election officials from the time	3402
of the opening until the closing of the polls. The observer also	3403
may inspect the counting of all ballots in the polling place or	3404
board of elections from the time of the closing of the polls until	3405
the counting is completed and the final returns are certified and	3406
signed. Observers appointed to serve at the board of elections on	3407
the day of an election under this section may observe at the board	3408
of elections and may observe at any precinct in the county. The	3409
judges of electionsprecinct election officials shall protect such	3410
observers in all of the rights and privileges granted to them by	3411
Title XXXV of the Revised Code.	3412

(D) No persons other than the judges of electionsprecinct	3413
election officials, the observers, a police officer, other persons	3414
who are detailed to any precinct on request of the board of	3415
elections, or the secretary of state or the secretary of state's	3416
legal representative shall be admitted to the polling place, or	3417
any room in which a board of elections is counting ballots, after	3418
the closing of the polls until the counting, certifying, and	3419
signing of the final returns of each election have been completed.	3420

(E) Not later than four p.m. of the twentieth day prior to an	3421
election at which questions are to be submitted to a vote of the	3422
people, any committee that in good faith advocates or opposes a	3423
measure may file a petition with the board of any county asking	3424
that the petitioners be recognized as the committee entitled to	3425
appoint observers to the count at the election. If more than one	3426
committee alleging themselves to advocate or oppose the same	3427
measure file such a petition, the board shall decide and announce	3428
by registered mail to each committee not less than twelve days	3429
immediately preceding the election which committee is recognized	3430
as being entitled to appoint observers. The decision shall not be	3431
final, but any aggrieved party may institute mandamus proceedings	3432
in the court of common pleas of the county in which the board has	3433
jurisdiction to compel the judges of electionsprecinct election	3434
officials to accept the appointees of such aggrieved party. Any	3435
such recognized committee may appoint an observer to the count in	3436
each precinct. Committees appointing observers shall notify the	3437
board of elections of the names and addresses of its appointees	3438
and the precincts at which they shall serve. Notification shall	3439
take place not less than eleven days before the election on forms	3440
prescribed by the secretary of state and may be amended by filing	3441
an amendment with the board of elections at any time until four	3442
p.m. on the day before the election. A person so appointed shall	3443
file the person's certificate of appointment with the presiding	3444
judgevoting location manager in the precinct in which the person	3445
has been appointed to serve. Observers shall file their	3446
certificates before the polls are closed. In no case shall more	3447
than six observers be appointed for any one election in any one	3448
precinct. If more than three questions are to be voted on, the	3449
committees which have appointed observers may agree upon not to	3450
exceed six observers, and the judges of electionsprecinct	3451
election officials shall appoint such observers. If such	3452
committees fail to agree, the judges of electionsprecinct	3453
election officials shall appoint six observers from the appointees	3454
so certified, in such manner that each side of the several	3455
questions shall be represented.	3456

(F) No person shall serve as an observer at any precinct or	3457
at the board of elections unless the board of elections of the	3458
county in which such observer is to serve has first been notified	3459
of the name, address, and precinctlocation at which such observer	3460
is to serve. Notification to the board of elections shall be given	3461
by the political party, group of candidates, or committee	3462
appointing such observer as prescribed in this section. No such	3463
observers shall receive any compensation from the county,	3464
municipal corporation, or township, and they shall take the	3465
following oath, to be administered by one of the judges of	3466
electionsprecinct election officials:	3467

"You do solemnly swear that you will faithfully and	3468
impartially discharge the duties as an official observer, assigned	3469
by law; that you will not cause any delay to persons offering to	3470
vote; and that you will not disclose or communicate to any person	3471
how any elector has voted at such election.	3472

(G)(1) An observer who serves during the casting of the	3473
ballots shall only be permitted to do the following:	3474

(a) Watch and listen to the activities conducted by the	3475
precinct election officials and the interactions between precinct	3476
election officials and voters, as long as the precinct election	3477
officials are not delayed in performing the officials' prescribed	3478
duties and voters are not delayed in casting their ballots;	3479

(b) Make notes on the observer's observations other than by	3480
means of a photographic, video, or audio recording.	3481

(2)(a) No observer who serves during the casting of the	3482
ballots shall interact with any precinct election official or with	3483
any voter while the observer is inside the polling place, within	3484
the area between the polling place and the small flags of the	3485
United States placed on the thoroughfares and walkways leading to	3486
the polling place, or within ten feet of any elector in line	3487
waiting to vote, if the line of electors waiting to vote extends	3488
beyond those small flags.	3489

(b) An observer does not violate division (G)(2)(a) of this	3490
section as a result of an incidental interaction with a voter or a	3491
precinct election official, such as an exchange of greetings.	3492

Sec. 3505.23.  No voter shall be allowed to occupy a voting	3493
compartment or use a voting machine more than five minutes when	3494
all the voting compartments or machines are in use and voters are	3495
waiting to occupy them. Except as otherwise provided by section	3496
3505.24 of the Revised Code, no voter shall occupy a voting	3497
compartment or machine with another person or speak to anyone, nor	3498
shall anyone speak to the voter, while the voter is in a voting	3499
compartment or machine.	3500

In precincts that do not use voting machines the following	3501
procedure shall be followed:	3502

If a voter tears, soils, defaces, or erroneously marks a	3503
ballot the voter may return it to the precinct election officials	3504
and a second ballot shall be issued to the voter. Before returning	3505
a torn, soiled, defaced, or erroneously marked ballot, the voter	3506
shall fold it so as to conceal any marks the voter made upon it,	3507
but the voter shall not remove Stub A therefrom. If the voter	3508
tears, soils, defaces, or erroneously marks such second ballot,	3509
the voter may return it to the precinct election officials, and a	3510
third ballot shall be issued to the voter. In no case shall more	3511
than three ballots be issued to a voter. Upon receiving a returned	3512
torn, soiled, defaced, or erroneously marked ballot the precinct	3513
election officials shall detach Stub A therefrom, write "Defaced"	3514
on the back of such ballot, and place the stub and the ballot in	3515
the separate containers provided therefor.	3516

No elector shall leave the polling place until the elector	3517
returns to the precinct election officials every ballot issued to	3518
the elector with Stub A on each ballot attached thereto,	3519
regardless of whether the elector has or has not placed any marks	3520
upon the ballot.	3521

Before leaving the voting compartment, the voter shall fold	3522
each ballot marked by the voter so that no part of the face of the	3523
ballot is visible, and so that the printing thereon indicating the	3524
kind of ballot it is and the facsimile signatures of the members	3525
of the board of elections are visible. The voter shall then leave	3526
the voting compartment, deliver the voter's ballots, and state the	3527
voter's name to the judgeprecinct election official having charge	3528
of the ballot boxes, who shall announce the name, detach Stub A	3529
from each ballot, and announce the number on the stubs. The judges	3530
precinct election officials in charge of the poll lists or poll	3531
books shall check to ascertain whether the number so announced is	3532
the number on Stub B of the ballots issued to such voter, and if	3533
no discrepancy appears to exist, the judgeprecinct election	3534
official in charge of the ballot boxes shall, in the presence of	3535
the voter, deposit each such ballot in the proper ballot box and	3536
shall place Stub A from each ballot in the container provided	3537
therefor. The voter shall then immediately leave the polling	3538
place.	3539

No ballot delivered by a voter to the judgeprecinct election	3540
official in charge of the ballot boxes with Stub A detached	3541
therefrom, and only ballots provided in accordance with Title XXXV	3542
of the Revised Code, shall be voted or deposited in the ballot	3543
boxes.	3544

In marking a presidential ballot, the voter shall record the	3545
vote in the manner provided on the ballot next to the names of the	3546
candidates for the offices of president and vice-president. Such	3547
ballot shall be considered and counted as a vote for each of the	3548
candidates for election as presidential elector whose names were	3549
certified to the secretary of state by the political party of such	3550
nominees for president and vice-president.	3551

In marking an office type ballot or nonpartisan ballot, the	3552
voter shall record the vote in the manner provided on the ballot	3553
next to the name of each candidate for whom the voter desires to	3554
vote.	3555

In marking a primary election ballot, the voter shall record	3556
the vote in the manner provided on the ballot next to the name of	3557
each candidate for whom the voter desires to vote. If the voter	3558
desires to vote for the nomination of a person whose name is not	3559
printed on the primary election ballot, the voter may do so by	3560
writing such person's name on the ballot in the proper place	3561
provided for such purpose.	3562

In marking a questions and issues ballot, the voter shall	3563
record the vote in the manner provided on the ballot at the left	3564
or at the right of "YES" or "NO" or other words of similar import	3565
which are printed on the ballot to enable the voter to indicate	3566
how the voter votes in connection with each question or issue upon	3567
which the voter desires to vote.	3568

In marking any ballot on which a blank space has been	3569
provided wherein an elector may write in the name of a person for	3570
whom the elector desires to vote, the elector shall write such	3571
person's name in such blank space and on no other place on the	3572
ballot. Unless specific provision is made by statute, no blank	3573
space shall be provided on a ballot for write-in votes, and any	3574
names written on a ballot other than in a blank space provided	3575
therefor shall not be counted or recorded.	3576

Sec. 3505.24.  Any elector who declares to the presiding	3577
judge of electionsvoting location manager that the elector is	3578
unable to mark the elector's ballot by reason of blindness,	3579
disability, or illiteracy may be accompanied in the voting booth	3580
and aided by any person of the elector's choice, other than the	3581
elector's employer, an agent of the elector's employer, or an	3582
officer or agent of the elector's union, if any. The elector also	3583
may request and receive assistance in the marking of the elector's	3584
ballot from two election officials of different political parties.	3585
Any person providing assistance in the marking of an elector's	3586
ballot under this section shall thereafter provide no information	3587
in regard to the marking of that ballot.	3588

Any judgeprecinct election official may require a	3589
declaration of inability to be made by the elector under oath	3590
before the judgeofficial. Assistance shall not be rendered for	3591
causes other than those specified in this section, and no	3592
candidate whose name appears on the ballot shall assist any person	3593
in marking that person's ballot.	3594

Sec. 3505.26.  At the time for closing the polls, the	3595
presiding judgevoting location manager shall by proclamation	3596
announce that the polls are closed.	3597

The judgesprecinct election officials shall then in the	3598
presence of observers proceed as follows:	3599

(A) Count the number of electors who voted, as shown on the	3600
pollbooks;	3601

(B) Count the unused ballots without removing stubs;

3602

(C) Count the soiled and defaced ballots;

3603

(D) Insert the totals of (A), (B), and (C) on the report	3604
forms provided therefor in the pollbook;	3605

(E) Count the voted ballots. If the number of voted ballots	3606
exceeds the number of voters whose names appear upon the	3607
pollbooks, the presiding judgevoting location manager shall enter	3608
on the pollbooks an explanation of that discrepancy, and that	3609
explanation, if agreed to, shall be subscribed to by all of the	3610
judgesprecinct election officials. Any judgeprecinct official	3611
having a different explanation shall enter it in the pollbooks and	3612
subscribe to it.	3613

(F) Put the unused ballots with stubs attached, and soiled	3614
and defaced ballots with stubs attached, in the envelopes or	3615
containers provided therefor, certify the number, and then proceed	3616
to count and tally the votes in the manner prescribed by section	3617
3505.27 of the Revised Code and certify the result of the election	3618
to the board of elections.	3619

Sec. 3505.28.  No ballot shall be counted which is marked	3620
contrary to law, except that no ballot shall be rejected for any	3621
technical error unless it is impossible to determine the voter's	3622
choice. If	3623

A ballot is marked contrary to law and does not contain a	3624
technical error if the voter marks more selections for a	3625
particular office, question, or issue than the number of	3626
selections that the voter is allowed by law to make for that	3627
office, question, or issue. A voter makes more selections for a	3628
particular office than the voter is allowed by law to make for	3629
that office if the voter marks the ballot for a candidate and also	3630
writes in the name of that candidate as a write-in vote. The	3631
voter's ballot shall be invalidated for that office, question, or	3632
issue, but shall not be invalidated for any other office,	3633
question, or issue for which the voter has not marked an excess	3634
number of selections.	3635

If two or more ballots are found folded together among the	3636
ballots removed from a ballot box, they shall be deemed to be	3637
fraudulent. Such ballots shall not be counted. They shall be	3638
marked "Fraudulent" and shall be placed in an envelope indorsed	3639
"Not Counted" with the reasons therefor, and such envelope shall	3640
be delivered to the board of elections together with other	3641
uncounted ballots.	3642

No ballot shall be rejected because of being marked with ink	3643
or by any writing instrument other than one of the pencils	3644
provided by the board of elections.	3645

Sec. 3505.29.  From the time the ballot box is opened and the	3646
count of ballots begun until the ballots are counted and	3647
certificates of votes cast are made out, signed, certified and	3648
given to the presiding judgevoting location manager for delivery	3649
to the headquarters of the board of elections, the judgesprecinct	3650
election officials in each precinct shall not separate, nor shall	3651
a judgeprecinct election official leave the polling place except	3652
from unavoidable necessity. In cases of illness or unavoidable	3653
necessity, the board may substitute another qualified person for	3654
any precinct official so incapacitated.	3655

Sec. 3505.30.  When the results of the ballots have been	3656
ascertained, such results shall be embodied in a summary statement	3657
to be prepared by the judges in duplicate, on forms provided by	3658
the board of elections. One copy shall be certified by the judges	3659
and posted on the front of the polling place, and one copy,	3660
similarly certified, shall be transmitted without delay to the	3661
board in a sealed envelope along with the other returns of the	3662
election. The board shall, immediately upon receipt of such	3663
summary statements, compile and prepare an unofficial count and	3664
upon its completion shall transmit prepaid, immediately by	3665
telephone, facsimile machine, or other telecommunications device,	3666
the results of such unofficial count to the secretary of state, or	3667
to the board of the most populous county of the district which is	3668
authorized to canvass the returns. Such count, in no event, shall	3669
be made later than twelve noon on the day following the election.	3670
The board shall also, at the same time, certify the results	3671
thereof to the secretary of state by certified mail. The board	3672
shall remain in session from the time of the opening of the polls,	3673
continuously, until the results of the election are received from	3674
every precinct in the county and such results are communicated to	3675
the secretary of state.	3676

Sec. 3505.31.  When the results of the voting in a polling	3677
place on the day of an election have been determined and entered	3678
upon the proper forms and the certifications of those results have	3679
been signed by the precinct officials, those officials, before	3680
leaving the polling place, shall place all ballots that they have	3681
counted in containers provided for that purpose by the board of	3682
elections, and shall seal each container in a manner that it	3683
cannot be opened without breaking the seal or the material of	3684
which the container is made. They shall also seal the pollbook,	3685
poll list or signature pollbook, and tally sheet in a manner that	3686
the data contained in these items cannot be seen without breaking	3687
the seals. On the outside of these items shall be a plain	3688
indication that they are to be filed with the board. The presiding	3689
judgevoting location manager and an employee or appointee of the	3690
board of elections who has taken an oath to uphold the laws and	3691
constitution of this state, including an oath that the person will	3692
promptly and securely perform the duties required under this	3693
section and who is a member of a different political party than	3694
the presiding judgevoting location manager, shall then deliver to	3695
the board the containers of ballots and the sealed pollbook, poll	3696
list, and tally sheet, together with all other election reports,	3697
materials, and supplies required to be delivered to the board.	3698

The board shall carefully preserve all ballots prepared and	3699
provided by it for use in an election, whether used or unused, for	3700
sixty days after the day of the election, except that, if an	3701
election includes the nomination or election of candidates for any	3702
of the offices of president, vice-president, presidential elector,	3703
member of the senate of the congress of the United States, or	3704
member of the house of representatives of the congress of the	3705
United States, the board shall carefully preserve all ballots	3706
prepared and provided by it for use in that election, whether used	3707
or unused, for twenty-two months after the day of the election. If	3708
an election is held within that sixty-day period, the board shall	3709
have authority to transfer those ballots to other containers to	3710
preserve them until the sixty-day period has expired. After that	3711
sixty-day period, the ballots shall be disposed of by the board in	3712
a manner that the board orders, or where voting machines have been	3713
used the counters may be turned back to zero; provided that the	3714
secretary of state, within that sixty-day period, may order the	3715
board to preserve the ballots or any part of the ballots for a	3716
longer period of time, in which event the board shall preserve	3717
those ballots for that longer period of time.	3718

In counties where voting machines are used, if an election is	3719
to be held within the sixty days immediately following a primary,	3720
general, or special election or within any period of time within	3721
which the ballots have been ordered preserved by the secretary of	3722
state or a court of competent jurisdiction, the board, after	3723
giving notice to all interested parties and affording them an	3724
opportunity to have a representative present, shall open the	3725
compartments of the machines and, without unlocking the machines,	3726
shall recanvass the vote cast in them as if a recount were being	3727
held. The results shall be certified by the board, and this	3728
certification shall be filed in the board's office and retained	3729
for the remainder of the period for which ballots must be kept.	3730
After preparation of the certificate, the counters may be turned	3731
back to zero, and the machines may be used for the election.	3732

The board shall carefully preserve the pollbook, poll list or	3733
signature pollbook, and tally sheet delivered to it from each	3734
polling place until it has completed the official canvass of the	3735
election returns from all precincts in which electors were	3736
entitled to vote at an election, and has prepared and certified	3737
the abstracts of election returns, as required by law. The board	3738
shall not break, or permit anyone to break, the seals upon the	3739
pollbook, poll list or signature pollbook, and tally sheet, or	3740
make, or permit any one to make, any changes or notations in these	3741
items, while they are in its custody, except as provided by	3742
section 3505.32 of the Revised Code.	3743

Pollbooks and poll lists or signature pollbooks of a party	3744
primary election delivered to the board from polling places shall	3745
be carefully preserved by it for two years after the day of	3746
election in which they were used, and shall then be disposed of by	3747
the board in a manner that the board orders.	3748

Pollbooks, poll lists or signature pollbooks, tally sheets,	3749
summary statements, and other records and returns of an election	3750
delivered to it from polling places shall be carefully preserved	3751
by the board for two years after the day of the election in which	3752
they were used, and shall then be disposed of by the board in a	3753
manner that the board orders.	3754

Sec. 3506.021.  (A) A board of elections may adopt the use of	3755
any electronic pollbook that has been certified for use in this	3756
state in accordance with section 3506.05 of the Revised Code,	3757
instead of using poll lists or signature pollbooks. A board of	3758
elections that opts to use electronic pollbooks shall notify the	3759
secretary of state of that decision.	3760

(B) The secretary of state shall provide each board of	3761
elections that adopts the use of electronic pollbooks under	3762
division (A) of this section with rules, instructions, directives,	3763
and advisories regarding the examination, testing, and use of	3764
electronic pollbooks, including rules regarding the sealing of the	3765
information in those pollbooks as required under section 3505.31	3766
of the Revised Code.	3767

(C) As used in this section, "electronic pollbook" has the	3768
same meaning as in section 3506.05 of the Revised Code.	3769

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

3770

(1) "Electronic pollbook" means an electronic list of	3771
registered voters for a particular precinct or polling location	3772
that may be transported to a polling location;	3773

(2) Except when used as part of the phrase "tabulating	3774
equipment" or "automatic tabulating equipment,":	3775

(1) "Equipment""equipment" means a voting machine, marking	3776
device, automatic tabulating equipment, or software, or an	3777
electronic pollbook.	3778

(2)(3) "Vendor" means the person that owns, manufactures,	3779
distributes, or has the legal right to control the use of	3780
equipment, or the person's agent.	3781

(B) No voting machine, marking device, automatic tabulating	3782
equipment, or software for the purpose of casting or tabulating	3783
votes or for communications among systems involved in the	3784
tabulation, storage, or casting of votes, and no electronic	3785
pollbook, shall be purchased, leased, put in use, or continued to	3786
be used, except for experimental use as provided in division (B)	3787
of section 3506.04 of the Revised Code, unless it, a manual of	3788
procedures governing its use, and training materials, service, and	3789
other support arrangements have been certified by the secretary of	3790
state and unless the board of elections of each county where the	3791
equipment will be used has assured that a demonstration of the use	3792
of the equipment has been made available to all interested	3793
electors. The secretary of state shall appoint a board of voting	3794
machine examiners to examine and approve equipment and its related	3795
manuals and support arrangements. The board shall consist of four	3796
members, who shall be appointed as follows:	3797

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

3798

(2) One member appointed by either the speaker of the house	3799
of representatives or the minority leader of the house of	3800
representatives, whichever is a member of the opposite political	3801
party from the one to which the secretary of state belongs.	3802

(3) One member appointed by either the president of the	3803
senate or the minority leader of the senate, whichever is a member	3804
of the opposite political party from the one to which the	3805
secretary of state belongs.	3806

In all cases of a tie vote or a disagreement in the board, if	3807
no decision can be arrived at, the board shall submit the matter	3808
in controversy to the secretary of state, who shall summarily	3809
decide the question, and the secretary of state's decision shall	3810
be final. Each member of the board shall be a competent and	3811
experienced election officer or a person who is knowledgeable	3812
about the operation of voting equipment and shall serve during the	3813
secretary of state's term. Any vacancy on the board shall be	3814
filled in the same manner as the original appointment. The	3815
secretary of state shall provide staffing assistance to the board,	3816
at the board's request.	3817

For the member's service, each member of the board shall	3818
receive three hundred dollars per day for each combination of	3819
marking device, tabulating equipment, and voting machine, and	3820
electronic pollbook examined and reported, but in no event shall a	3821
member receive more than six hundred dollars to examine and report	3822
on any one marking device, item of tabulating equipment, or voting	3823
machine, or electronic pollbook. Each member of the board shall be	3824
reimbursed for expenses the member incurs during an examination or	3825
during the performance of any related duties that may be required	3826
by the secretary of state. Reimbursement of these expenses shall	3827
be made in accordance with, and shall not exceed, the rates	3828
provided for under section 126.31 of the Revised Code.	3829

Neither the secretary of state nor the board, nor any public	3830
officer who participates in the authorization, examination,	3831
testing, or purchase of equipment, shall have any pecuniary	3832
interest in the equipment or any affiliation with the vendor.	3833

(C)(1) A vendor who desires to have the secretary of state	3834
certify equipment shall first submit the equipment, all current	3835
related procedural manuals, and a current description of all	3836
related support arrangements to the board of voting machine	3837
examiners for examination, testing, and approval. The submission	3838
shall be accompanied by a fee of eighteen hundred dollars and a	3839
detailed explanation of the construction and method of operation	3840
of the equipment, a full statement of its advantages, and a list	3841
of the patents and copyrights used in operations essential to the	3842
processes of vote recording and tabulating, vote storage, system	3843
security, pollbook storage and security, and other crucial	3844
operations of the equipment as may be determined by the board. An	3845
additional fee, in an amount to be set by rules promulgated by the	3846
board, may be imposed to pay for the costs of alternative testing	3847
or testing by persons other than board members, record-keeping,	3848
and other extraordinary costs incurred in the examination process.	3849
Moneys not used shall be returned to the person or entity	3850
submitting the equipment for examination.	3851

(2) Fees collected by the secretary of state under this	3852
section shall be deposited into the state treasury to the credit	3853
of the board of voting machine examiners fund, which is hereby	3854
created. All moneys credited to this fund shall be used solely for	3855
the purpose of paying for the services and expenses of each member	3856
of the board or for other expenses incurred relating to the	3857
examination, testing, reporting, or certification of voting	3858
machine devicesequipment, the performance of any related duties	3859
as required by the secretary of state, or the reimbursement of any	3860
person submitting an examination fee as provided in this chapter.	3861

(D) Within sixty days after the submission of the equipment	3862
and payment of the fee, or as soon thereafter as is reasonably	3863
practicable, but in any event within not more than ninety days	3864
after the submission and payment, the board of voting machine	3865
examiners shall examine the equipment and file with the secretary	3866
of state a written report on the equipment with its	3867
recommendations and, if applicable, its determination or condition	3868
of approval regarding whether the equipment, manual, and other	3869
related materials or arrangements meet the criteria set forth in	3870
sections 3506.07 and 3506.10 of the Revised Code and can be safely	3871
used by the voters at elections under the conditions prescribed in	3872
Title XXXV of the Revised Code, or a written statement of reasons	3873
for which testing requires a longer period. The board may grant	3874
temporary approval for the purpose of allowing experimental use of	3875
equipment. If the board finds that the equipment meets theany	3876
applicable criteria set forth in sections 3506.06, 3506.07, and	3877
3506.10 of the Revised Code, can be used safely and, if	3878
applicable, can be depended upon to record and count accurately	3879
and continuously the votes of electors, and has the capacity to be	3880
warranted, maintained, and serviced, it shall approve the	3881
equipment and recommend that the secretary of state certify the	3882
equipment. The secretary of state shall notify all boards of	3883
elections of any such certification. Equipment of the same model	3884
and make, if it provides for recording of voter intent, system	3885
security, voter privacy, retention of vote, and communication of	3886
voting recordsoperates in an identical manner, may then be	3887
adopted for use at elections.	3888

(E) The vendor shall notify the secretary of state, who shall	3889
then notify the board of voting machine examiners, of any	3890
enhancement and any significant adjustment to the hardware or	3891
software that could result in a patent or copyright change or that	3892
significantly alters the methods of recording voter intent, system	3893
security, voter privacy, retention of the vote, communication of	3894
voting records, and connections between the system and other	3895
systems. The vendor shall provide the secretary of state with an	3896
updated operations manual for the equipment, and the secretary of	3897
state shall forward the manual to the board. Upon receiving such a	3898
notification and manual, the board may require the vendor to	3899
submit the equipment to an examination and test in order for the	3900
equipment to remain certified. The board or the secretary of state	3901
shall periodically examine, test, and inspect certified equipment	3902
to determine continued compliance with the requirements of this	3903
chapter and the initial certification. Any examination, test, or	3904
inspection conducted for the purpose of continuing certification	3905
of any equipment in which a significant problem has been uncovered	3906
or in which a record of continuing problems exists shall be	3907
performed pursuant to divisions (C) and (D) of this section, in	3908
the same manner as the examination, test, or inspection is	3909
performed for initial approval and certification.	3910

(F) If, at any time after the certification of equipment, the	3911
board of voting machine examiners or the secretary of state is	3912
notified by a board of elections of any significant problem with	3913
the equipment or determines that the equipment fails to meet the	3914
requirements necessary for approval or continued compliance with	3915
the requirements of this chapter, or if the board of voting	3916
machine examiners determines that there are significant	3917
enhancements or adjustments to the hardware or software, or if	3918
notice of such enhancements or adjustments has not been given as	3919
required by division (E) of this section, the secretary of state	3920
shall notify the users and vendors of that equipment that	3921
certification of the equipment may be withdrawn.	3922

(G)(1) The notice given by the secretary of state under	3923
division (F) of this section shall be in writing and shall specify	3924
both of the following:	3925

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

3926

(b) The date on which certification will be withdrawn unless	3927
the vendor takes satisfactory corrective measures or explains why	3928
there are no problems with the equipment or why the enhancements	3929
or adjustments to the equipment are not significant.	3930

(2) A vendor who receives a notice under division (F) of this	3931
section shall, within thirty days after receiving it, submit to	3932
the board of voting machine examiners in writing a description of	3933
the corrective measures taken and the date on which they were	3934
taken, or the explanation required under division (G)(1)(b) of	3935
this section.	3936

(3) Not later than fifteen days after receiving a written	3937
description or explanation under division (G)(2) of this section	3938
from a vendor, the board shall determine whether the corrective	3939
measures taken or the explanation is satisfactory to allow	3940
continued certification of the equipment, and the secretary of	3941
state shall send the vendor a written notice of the board's	3942
determination, specifying the reasons for it. If the board has	3943
determined that the measures taken or the explanation given is	3944
unsatisfactory, the notice shall include the effective date of	3945
withdrawal of the certification. This date may be different from	3946
the date originally specified in division (G)(1)(b) of this	3947
section.	3948

(4) A vendor who receives a notice under division (G)(3) of	3949
this section indicating a decision to withdraw certification may,	3950
within thirty days after receiving it, request in writing that the	3951
board hold a hearing to reconsider its decision. Any interested	3952
party shall be given the opportunity to submit testimony or	3953
documentation in support of or in opposition to the board's	3954
recommendation to withdraw certification. Failure of the vendor to	3955
take appropriate steps as described in division (G)(1)(b) or to	3956
comply with division (G)(2) of this section results in a waiver of	3957
the vendor's rights under division (G)(4) of this section.	3958

(H)(1) The secretary of state, in consultation with the board	3959
of voting machine examiners, shall establish, by rule, guidelines	3960
for the approval, certification, and continued certification of	3961
the voting machines, marking devices, and tabulating equipment,	3962
and electronic pollbooks to be used under Title XXXV of the	3963
Revised Code. The guidelines shall establish procedures requiring	3964
vendors or computer software developers to place in escrow with an	3965
independent escrow agent approved by the secretary of state a copy	3966
of all source code and related documentation, together with	3967
periodic updates as they become known or available. The secretary	3968
of state shall require that the documentation include a system	3969
configuration and that the source code include all relevant	3970
program statements in low- or high-level languages. As used in	3971
this division, "source code" does not include variable codes	3972
created for specific elections.	3973

(2) Nothing in any rule adopted under division (H) of this	3974
section shall be construed to limit the ability of the secretary	3975
of state to follow or adopt, or to preclude the secretary of state	3976
from following or adopting, any guidelines proposed by the federal	3977
election commission, any entity authorized by the federal election	3978
commission to propose guidelines, the election assistance	3979
commission, or any entity authorized by the election assistance	3980
commission to propose guidelines.	3981

(3)(a) Before the initial certification of any direct	3982
recording electronic voting machine with a voter verified paper	3983
audit trail, and as a condition for the continued certification	3984
and use of those machines, the secretary of state shall establish,	3985
by rule, standards for the certification of those machines. Those	3986
standards shall include, but are not limited to, all of the	3987
following:	3988

(i) A definition of a voter verified paper audit trail as a	3989
paper record of the voter's choices that is verified by the voter	3990
prior to the casting of the voter's ballot and that is securely	3991
retained by the board of elections;	3992

(ii) Requirements that the voter verified paper audit trail	3993
shall not be retained by any voter and shall not contain	3994
individual voter information;	3995

(iii) A prohibition against the production by any direct	3996
recording electronic voting machine of anything that legally could	3997
be removed by the voter from the polling place, such as a receipt	3998
or voter confirmation;	3999

(iv) A requirement that paper used in producing a voter	4000
verified paper audit trail be sturdy, clean, and resistant to	4001
degradation;	4002

(v) A requirement that the voter verified paper audit trail	4003
shall be capable of being optically scanned for the purpose of	4004
conducting a recount or other audit of the voting machine and	4005
shall be readable in a manner that makes the voter's ballot	4006
choices obvious to the voter without the use of computer or	4007
electronic codes;	4008

(vi) A requirement, for office-type ballots, that the voter	4009
verified paper audit trail include the name of each candidate	4010
selected by the voter;	4011

(vii) A requirement, for questions and issues ballots, that	4012
the voter verified paper audit trail include the title of the	4013
question or issue, the name of the entity that placed the question	4014
or issue on the ballot, and the voter's ballot selection on that	4015
question or issue, but not the entire text of the question or	4016
issue.	4017

(b) The secretary of state, by rule adopted under Chapter	4018
119. of the Revised Code, may waive the requirement under division	4019
(H)(3)(a)(v) of this section, if the secretary of state determines	4020
that the requirement is cost prohibitive.	4021

(4)(a) Except as otherwise provided in division (H)(4)(c) of	4022
this section, any voting machine, marking device, or automatic	4023
tabulating equipment initially certified or acquired on or after	4024
December 1, 2008, shall have the most recent federal certification	4025
number issued by the election assistance commission.	4026

(b) Any voting machine, marking device, or automatic	4027
tabulating equipment certified for use in this state on the	4028
effective date of this amendmentSeptember 12, 2008, shall meet,	4029
as a condition of continued certification and use, the voting	4030
system standards adopted by the federal election commission in	4031
2002.	4032

(c) A county that acquires additional voting machines,	4033
marking devices, or automatic tabulating equipment on or after	4034
December 1, 2008, shall not be considered to have acquired those	4035
machines, devices, or equipment on or after December 1, 2008, for	4036
the purpose of division (H)(4)(a) of this section if all of the	4037
following apply:	4038

(i) The voting machines, marking devices, or automatic	4039
tabulating equipment acquired are the same as the machines,	4040
devices, or equipment currently used in that county.	4041

(ii) The acquisition of the voting machines, marking devices,	4042
or automatic tabulating equipment does not replace or change the	4043
primary voting system used in that county.	4044

(iii) The acquisition of the voting machines, marking	4045
devices, or automatic tabulating equipment is for the purpose of	4046
replacing inoperable machines, devices, or equipment or for the	4047
purpose providing additional machines, devices, or equipment	4048
required to meet the allocation requirements established pursuant	4049
to division (I) of section 3501.11 of the Revised Code.	4050

Sec. 3506.12.  In counties where marking devices, automatic	4051
tabulating equipment, voting machines, or any combination of these	4052
are in use or are to be used, the board of elections:	4053

(A) May combine, rearrange, and enlarge precincts; but the	4054
board shall arrange for a sufficient number of these devices to	4055
accommodate the number of electors in each precinct as determined	4056
by the number of votes cast in that precinct at the most recent	4057
election for the office of governor, taking into consideration the	4058
size and location of each selected polling place, available	4059
parking, handicap accessibility and other accessibility to the	4060
polling place, and the number of candidates and issues to be voted	4061
on. Notwithstanding section 3501.22 of the Revised Code, the board	4062
may appoint more than four precinct officers to each precinct if	4063
this is made necessary by the number of voting machines to be used	4064
in that precinct.	4065

(B) Except as otherwise provided in this division, shall	4066
establish one or more counting stations to receive voted ballots	4067
and other precinct election supplies after the polling precincts	4068
are closed. Those stations shall be under the supervision and	4069
direction of the board of elections. Processing and counting of	4070
voted ballots, and the preparation of summary sheets, shall be	4071
done in the presence of observers approved by the board. A	4072
certified copy of the summary sheet for the precinct shall be	4073
posted at each counting station immediately after completion of	4074
the summary sheet.	4075

In counties where punch card ballots are used, one or more	4076
counting stations, located at the board of elections, shall be	4077
established, at which location all punch card ballots shall be	4078
counted.	4079

As used in this division, "punch card ballot" has the same	4080
meaning as in section 3506.16 of the Revised Code.	4081

Sec. 3506.15.  The secretary of state shall provide each	4082
board of elections with rules, instructions, directives, and	4083
advisories regarding the examination, testing, and use of the	4084
voting machine and tabulating equipment, the assignment of duties	4085
of booth officials, the procedure for casting a vote on the	4086
machine, and how the vote shall be tallied and reported to the	4087
board, and with other rules, instructions, directives, and	4088
advisories the secretary of state finds necessary to ensure the	4089
adequate care and custody of voting equipment, and the accurate	4090
registering, counting, and canvassing of the votes as required by	4091
this chapter. The boards of elections shall be charged with the	4092
responsibility of providing for the adequate instruction of voters	4093
and election officials in the proper use of the voting machine and	4094
marking devices. The boards' instructions shall include, in	4095
counties where punch card ballots are used, instructions that each	4096
voter shall examine the voter's marked ballot card and remove any	4097
chads that remain partially attached to it before returning it to	4098
election officials.	4099

The secretary of state's rules, instructions, directives, and	4100
advisories provided under this section shall comply, insofar as	4101
practicable, with this chapter. The provisions of Title XXXV of	4102
the Revised Code, not inconsistent with the provisions relating to	4103
voting machines, apply in any county using a voting machine.	4104

As used in this section, "chad" and "punch card ballot" have	4105
the same meanings as in section 3506.16 of the Revised Code.	4106

Sec. 3509.01. (A) The board of elections of each county shall	4107
provide absent voter's ballots for use at every primary and	4108
general election, or special election to be held on the day	4109
specified by division (E) of section 3501.01 of the Revised Code	4110
for the holding of a primary election, designated by the general	4111
assembly for the purpose of submitting constitutional amendments	4112
proposed by the general assembly to the voters of the state. Those	4113
ballots shall be the same size, shall be printed on the same kind	4114
of paper, and shall be in the same form as has been approved for	4115
use at the election for which those ballots are to be voted;	4116
except that, in counties using marking devices, ballot cards may	4117
be used for absent voter's ballots, and those absent voters shall	4118
be instructed to record the vote in the manner provided on the	4119
ballot cards. In counties where punch card ballots are used, those	4120
absent voters shall be instructed to examine their marked ballot	4121
cards and to remove any chads that remain partially attached to	4122
them before returning them to election officials.	4123

(B) The rotation of names of candidates and questions and	4124
issues shall be substantially complied with on absent voter's	4125
ballots, within the limitation of time allotted. Those ballots	4126
shall be designated as "Absent Voter's Ballots." Except as	4127
otherwise provided in division (D) of this section, those ballots	4128
shall be printed and ready for use as follows:	4129

(1) For overseas voters and absent uniformed services voters	4130
eligible to vote under the Uniformed and Overseas Citizens	4131
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	4132
1973ff, et seq., as amended, ballots shall be printed and ready	4133
for use on the forty-fifth day before the day of the election.	4134

(2) For all other voters, other than overseas voters and	4135
absent uniformed services voters, who are applying to vote absent	4136
voter's ballots other than in person, ballots shall be printed and	4137
ready for use on the thirty-fifthtwenty-first day before the day	4138
of the election.	4139

(3) For all voters who are applying to vote absent voter's	4140
ballots in person, ballots shall be printed and ready for use	4141
beginning on the tenth day before the day of the election and	4142
shall continue to be available for use through six p.m. on the	4143
last Friday before the day of the election, except that ballots	4144
shall not be available for use on Sunday. On the days in which	4145
absent voter's ballots are available for use in person, those	4146
ballots shall be available from eight a.m. through six p.m. Monday	4147
through Friday and from eight a.m. through twelve p.m. on	4148
Saturday.	4149

(C) Absent voter's ballots provided for use at a general or	4150
primary election, or special election to be held on the day	4151
specified by division (E) of section 3501.01 of the Revised Code	4152
for the holding of a primary election, designated by the general	4153
assembly for the purpose of submitting constitutional amendments	4154
proposed by the general assembly to the voters of the state, shall	4155
include only those questions, issues, and candidacies that have	4156
been lawfully ordered submitted to the electors voting at that	4157
election.	4158

(D)(1) If the laws governing the holding of a special	4159
election on a day other than the day on which a primary or general	4160
election is held make it impossible for absent voter's ballots to	4161
be printed and ready for use by the deadlines established in	4162
division (B) of this section, absent voter's ballots for those	4163
special elections shall be ready for use as many days before the	4164
day of the election as reasonably possible under the laws	4165
governing the holding of that special election.	4166

(2) If, in accordance with Section 2 of Article XVII, Ohio	4167
Constitution, an election is required to be held to fill a vacancy	4168
that occurs after absent voter's ballots have been printed and	4169
distributed under division (B) of this section, the board of	4170
elections shall print and distribute a supplemental ballot for	4171
that election to each absent voter who has requested a ballot for	4172
that election as many days before the election as reasonably	4173
possible.	4174

(E) A copy of the absent voter's ballots shall be forwarded	4175
by the director of the board in each county to the secretary of	4176
state at least twenty-five days before the election.	4177

(F) As used in this section, "chad" and "punch card ballot"	4178
have the same meanings as in section 3506.16 of the Revised Code.	4179

Sec. 3509.02.  (A) Any qualified elector may vote by absent	4180
voter's ballots at an election.	4181

(B) Any qualified elector who is unable to appear at the	4182
office of the board of elections or, if pursuant to division (C)	4183
of section 3501.10 of the Revised Code the board has designated	4184
another location in the county at which registered electors may	4185
vote, at that other location on account of personal illness,	4186
physical disability, or infirmity, and who moves from one precinct	4187
to another within a county, changes the elector's name and moves	4188
from one precinct to another within a county, or moves from one	4189
county to another county within the state, on or prior to the day	4190
of a general, primary, or special election and has not filed a	4191
notice of change of residence or change of name may vote by absent	4192
voter's ballots in that election as specified in division (G) of	4193
section 3503.16 of the Revised Code.	4194

Sec. 3509.03.  Except as provided in section 3509.031 or	4195
division (B) of section 3509.08 of the Revised Code, any qualified	4196
elector desiring to vote absent voter's ballots at an election	4197
shall make written application for those ballots to the director	4198
board of elections of the county in which the elector's voting	4199
residence is located. The application need not be in any	4200
particular form but shall contain all of the following:	4201

(A) The elector's name;

4202

(B) The elector's signature;

4203

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

4204

(D) The elector's date of birth;

4205

(E) One of the following:

4206

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

4207

(2) The last four digits of the elector's social security	4208
number;	4209

(3) A copy of the elector's current and valid photo	4210
identification, a copy of a military identification, or a copy of	4211
a current utility bill, bank statement, government check,	4212
paycheck, or other government document, other than a notice of an	4213
election mailed by a board of elections under section 3501.19 of	4214
the Revised Code or a notice of voter registration mailed by a	4215
board of elections under section 3503.19 of the Revised Code, that	4216
shows the name and address of the elector.	4217

(F) A statement identifying the election for which absent	4218
voter's ballots are requested;	4219

(G) A statement that the person requesting the ballots is a	4220
qualified elector;	4221

(H) If the request is for primary election ballots, the	4222
elector's party affiliation;	4223

(I) If the elector desires ballots to be mailed to the	4224
elector, the address to which those ballots shall be mailed.	4225

Each application for absent voter's ballots shall be	4226
delivered to the directorboard not earlier than the first day of	4227
January of the year of the elections for which the absent voter's	4228
ballots are requested or not earlier than ninety days before the	4229
day of the election at which the ballots are to be voted,	4230
whichever is earlier, and not later than twelve noon of the third	4231
day before the day of the election at which the ballots are to be	4232
voted, or not later than the close of regular business hours on	4233
the day before the day of the election at which the ballots are to	4234
be voted if the application is delivered in person to the office	4235
of the board.	4236

A board of elections shall not mail any unsolicited	4237
applications for absent voter's ballots. A board shall only mail	4238
an absent voter's ballot application to an elector who has	4239
requested such an application from the board. A board of elections	4240
that mails an absent voter's ballot application to an elector	4241
under this section shall not prepay the return postage for that	4242
application.	4243

Sec. 3509.031. (A) Any qualified elector who is a member of	4244
the organized militia called to active duty within the state and	4245
who will be unable to vote on election day on account of that	4246
active duty may make written application for absent voter's	4247
ballots to the directorboard of elections for the county in which	4248
the elector's voting residence is located. The elector may	4249
personally deliver the application to the directoroffice of the	4250
board or may mail it, send it by facsimile machine, or otherwise	4251
send it to the directorboard. The application need not be in any	4252
particular form but shall contain all of the following:	4253

(1) The elector's name;

4254

(2) The elector's signature;

4255

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

4256

(4) The elector's date of birth;

4257

(5) One of the following:

4258

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

4259

(b) The last four digits of the elector's social security	4260
number;	4261

(c) A copy of the elector's current and valid photo	4262
identification, a copy of a military identification, or a copy of	4263
a current utility bill, bank statement, government check,	4264
paycheck, or other government document, other than a notice of an	4265
election mailed by a board of elections under section 3501.19 of	4266
the Revised Code or a notice of voter registration mailed by a	4267
board of elections under section 3503.19 of the Revised Code, that	4268
shows the name and address of the elector.	4269

(6) A statement identifying the election for which absent	4270
voter's ballots are requested;	4271

(7) A statement that the person requesting the ballots is a	4272
qualified elector;	4273

(8) A statement that the elector is a member of the organized	4274
militia serving on active duty within the state;	4275

(9) If the request is for primary election ballots, the	4276
elector's party affiliation;	4277

(10) If the elector desires ballots to be mailed to the	4278
elector, the address to which those ballots shall be mailed;	4279

(11) If the elector desires ballots to be sent to the elector	4280
by facsimile machine, the telephone number to which they shall be	4281
so sent.	4282

(B) Application to have absent voter's ballots mailed or sent	4283
by facsimile machine to a qualified elector who is a member of the	4284
organized militia called to active duty within the state and who	4285
will be unable to vote on election day on account of that active	4286
duty may be made by the spouse of the militia member or the	4287
father, mother, father-in-law, mother-in-law, grandfather,	4288
grandmother, brother or sister of the whole blood or half blood,	4289
son, daughter, adopting parent, adopted child, stepparent,	4290
stepchild, uncle, aunt, nephew, or niece of the militia member.	4291
The application shall be in writing upon a blank form furnished	4292
only by the directorboard of elections. The form of the	4293
application shall be prescribed by the secretary of state. The	4294
directorboard shall furnish that blank form to any of the	4295
relatives specified in this division desiring to make the	4296
application, only upon the request of such a relative in person at	4297
the office of the board or upon the written request of such a	4298
relative mailed to the office of the board. The application,	4299
subscribed and sworn to by the applicant, shall contain all of the	4300
following:	4301

(1) The full name of the elector for whom ballots are	4302
requested;	4303

(2) A statement that such person is a qualified elector in	4304
the county;	4305

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

4306

(4) The elector's date of birth;

4307

(5) One of the following:

4308

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

4309

(b) The last four digits of the elector's social security	4310
number;	4311

(c) A copy of the elector's current and valid photo	4312
identification, a copy of a military identification, or a copy of	4313
a current utility bill, bank statement, government check,	4314
paycheck, or other government document, other than a notice of an	4315
election mailed by a board of elections under section 3501.19 of	4316
the Revised Code or a notice of voter registration mailed by a	4317
board of elections under section 3503.19 of the Revised Code, that	4318
shows the name and address of the elector.	4319

(6) A statement identifying the election for which absent	4320
voter's ballots are requested;	4321

(7) A statement that the elector is a member of the organized	4322
militia serving on active duty within the state;	4323

(8) If the request is for primary election ballots, the	4324
elector's party affiliation;	4325

(9) A statement that the applicant bears a relationship to	4326
the elector as specified in division (B) of this section;	4327

(10) The address to which ballots shall be mailed or	4328
telephone number to which ballots shall be sent by facsimile	4329
machine;	4330

(11) The signature and address of the person making the	4331
application.	4332

(C) Applications to have absent voter's ballots mailed or	4333
sent by facsimile machine shall not be valid if dated, postmarked,	4334
or received by the directorboard prior to the ninetieth day	4335
before the day of the election for which ballots are requested or	4336
if delivered to the directorboard later than twelve noon of the	4337
third day preceding the day of such election. If, after the	4338
ninetieth day and before four p.m. of the day before the day of an	4339
election, a valid application for absent voter's ballots is	4340
delivered to the director of elections at the office of the board	4341
by a militia member making application in the militia member's own	4342
behalf, the directorboard shall forthwith deliver to the militia	4343
member all absent voter's ballots then ready for use, together	4344
with an identification envelope. The militia member shall then	4345
vote the absent voter's ballots in the manner provided in section	4346
3509.05 of the Revised Code.	4347

(D) A board of elections shall not mail any unsolicited	4348
applications for absent voter's ballots. A board shall only mail	4349
an absent voter's ballot application to an elector who has	4350
requested such an application from the board. A board of elections	4351
that mails an absent voter's ballot application to an elector	4352
under this section shall not prepay the return postage for that	4353
application.	4354

Sec. 3509.04. (A) If a director of a board of elections	4355
receives an application for absent voter's ballots that does not	4356
contain all of the required information, the directorboard	4357
promptly shall notify the applicant of the additional information	4358
required to be provided by the applicant to complete that	4359
application.	4360

(B) Upon receipt by the directorboard of elections of an	4361
application for absent voter's ballots that contains all of the	4362
required information, as provided by sections 3509.03 and 3509.031	4363
and division (G) of section 3503.16 of the Revised Code, the	4364
directorboard, if the directorboard finds that the applicant is	4365
a qualified elector, shall deliver to the applicant in person or	4366
mail directly to the applicant by special delivery mail, air mail,	4367
or regular mail, postage prepaid, proper absent voter's ballots.	4368
The directorboard shall deliver or mail with the ballots an	4369
unsealed identification envelope upon the face of which shall be	4370
printed a form substantially as follows:	4371

"Identification Envelope Statement of Voter	4372

I, ........................(Name of voter), declare under	4373
penalty of election falsification that the within ballot or	4374
ballots contained no voting marks of any kind when I received	4375
them, and I caused the ballot or ballots to be marked, enclosed in	4376
the identification envelope, and sealed in that envelope.	4377

My voting residence in Ohio is

4378

...................................................................	4379

(Street and Number, if any, or Rural Route and Number)	4380

of ................................ (City, Village, or Township)	4381
Ohio, which is in Ward ............... Precinct ................	4382
in that city, village, or township.	4383

The primary election ballots, if any, within this envelope	4384
are primary election ballots of the ............. Party.	4385

Ballots contained within this envelope are to be voted at the	4386
.......... (general, special, or primary) election to be held on	4387
the .......................... day of ......................, ....	4388

My date of birth is ............... (Month and Day),	4389
.......... (Year).	4390

(Voter must provide one of the following:)

4391

My driver's license number is ............... (Driver's	4392
license number).	4393

The last four digits of my Social Security Number are	4394
............... (Last four digits of Social Security Number).	4395

...... In lieu of providing a driver's license number or the	4396
last four digits of my Social Security Number, I am enclosing a	4397
copy of one of the following in the return envelope in which this	4398
identification envelope will be mailed: a current and valid photo	4399
identification, a military identification, or a current utility	4400
bill, bank statement, government check, paycheck, or other	4401
government document, other than a notice of an election mailed by	4402
a board of elections under section 3501.19 of the Revised Code or	4403
a notice of voter registration mailed by a board of elections,	4404
that shows my name and address.	4405

I hereby declare, under penalty of election falsification,	4406
that the statements above are true, as I verily believe.	4407

			4408
	(Signature of Voter)		4409

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	4410
THE FIFTH DEGREE."	4411

The directorboard of elections shall mail with the ballots	4412
and the unsealed identification envelope an unsealed return	4413
envelope upon the face of which shall be printed the official	4414
title and post-office address of the directorboard. In the upper	4415
left corner on the face of the return envelope, several blank	4416
lines shall be printed upon which the voter may write the voter's	4417
name and return address. The return envelope shall be of such size	4418
that the identification envelope can be conveniently placed within	4419
it for returning the identification envelope to the director	4420
board.	4421

Sec. 3509.05.  (A) When an elector receives an absent voter's	4422
ballot pursuant to the elector's application or request, the	4423
elector shall, before placing any marks on the ballot, note	4424
whether there are any voting marks on it. If there are any voting	4425
marks, the ballot shall be returned immediately to the board of	4426
elections; otherwise, the elector shall cause the ballot to be	4427
marked, folded in a manner that the stub on it and the	4428
indorsements and facsimile signatures of the members of the board	4429
of elections on the back of it are visible, and placed and sealed	4430
within the identification envelope received from the director	4431
board of elections for that purpose. Then, the elector shall cause	4432
the statement of voter on the outside of the identification	4433
envelope to be completed and signed, under penalty of election	4434
falsification.	4435

If the elector does not provide the elector's driver's	4436
license number or the last four digits of the elector's social	4437
security number on the statement of voter on the identification	4438
envelope, the elector also shall include in the return envelope	4439
with the identification envelope a copy of the elector's current	4440
valid photo identification, a copy of a military identification,	4441
or a copy of a current utility bill, bank statement, government	4442
check, paycheck, or other government document, other than a notice	4443
of an election mailed by a board of elections under section	4444
3501.19 of the Revised Code or a notice of voter registration	4445
mailed by a board of elections under section 3503.19 of the	4446
Revised Code, that shows the name and address of the elector.	4447

The elector shall mail the identification envelope to the	4448
directorboard of elections from whomwhich it was received in the	4449
return envelope, postage prepaid, or the elector may personally	4450
deliver it to the directoroffice of the board, or the spouse of	4451
the elector, the father, mother, father-in-law, mother-in-law,	4452
grandfather, grandmother, brother, or sister of the whole or half	4453
blood, or the son, daughter, adopting parent, adopted child,	4454
stepparent, stepchild, uncle, aunt, nephew, or niece of the	4455
elector may deliver it to the directorboard. The return envelope	4456
shall be transmitted to the directorboard in no other manner,	4457
except as provided in section 3509.08 of the Revised Code.	4458

When absent voter's ballots are delivered to an elector at	4459
the office of the board, the elector may retire to a voting	4460
compartment provided by the board and there mark the ballots.	4461
Thereupon, the elector shall fold them, place them in the	4462
identification envelope provided, seal the envelope, fill in and	4463
sign the statement on the envelope under penalty of election	4464
falsification, and deliver the envelope to the director of the	4465
board.	4466

Except as otherwise provided in division (B) of this section,	4467
all other envelopes containing marked absent voter's ballots shall	4468
be delivered to the directorboard not later than the close of the	4469
polls on the day of an election. Absent voter's ballots delivered	4470
to the directorboard later than the times specified shall not be	4471
counted, but shall be kept by the board in the sealed	4472
identification envelopes in which they are delivered to the	4473
directorboard, until the time provided by section 3505.31 of the	4474
Revised Code for the destruction of all other ballots used at the	4475
election for which ballots were provided, at which time they shall	4476
be destroyed.	4477

(B)(1) Except as otherwise provided in division (B)(2) of	4478
this section, any return envelope that is postmarked prior to the	4479
day of the election shall be delivered to the directorboard prior	4480
to the eleventh day after the election. Ballots delivered in	4481
envelopes postmarked prior to the day of the election that are	4482
received after the close of the polls on election day through the	4483
tenth day thereafter shall be counted on the eleventh day at the	4484
board of elections in the manner provided in divisions (C) and (D)	4485
of section 3509.06 of the Revised Code. Any such ballots that are	4486
received by the directorboard later than the tenth day following	4487
the election shall not be counted, but shall be kept by the board	4488
in the sealed identification envelopes as provided in division (A)	4489
of this section.	4490

(2) Division (B)(1) of this section shall not apply to any	4491
mail that is postmarked using a postage evidencing system,	4492
including a postage meter, as defined in 39 C.F.R. 501.1.	4493

(C) Upon receipt of any return envelope prior to the eleventh	4494
day after the day of any election, the board of elections shall	4495
open it but shall not open the identification envelope contained	4496
in it. If, upon so opening the return envelope, the board finds	4497
ballots in it that are not enclosed in and properly sealed in the	4498
identification envelope, the board shall not look at the markings	4499
upon the ballots and shall promptly place them in the	4500
identification envelope and promptly seal it. If, upon so opening	4501
the return envelope, the board finds that ballots are enclosed in	4502
the identification envelope but that it is not properly sealed,	4503
the board shall not look at the markings upon the ballots and	4504
shall promptly seal the identification envelope.	4505

Sec. 3509.06.  (A) The board of elections shall determine	4506
whether absent voter's ballots shall be counted in each precinct,	4507
at the office of the board, or at some other location designated	4508
by the board, and shall proceed accordingly under division (B) or	4509
(C) of this section.	4510

(B) When the board of elections determines that absent	4511
voter's ballots shall be counted in each precinct, the director	4512
board shall deliver to the presiding judgevoting location manager	4513
of each precinct on election day identification envelopes	4514
purporting to contain absent voter's ballots of electors whose	4515
voting residence appears from the statement of voter on the	4516
outside of each of those envelopes, to be located in such	4517
presiding judge'sthat manager's precinct, and which were	4518
received by the directorboard not later than the close of the	4519
polls on election day. The directorboard shall deliver to such	4520
presiding judgethe voting location manager a list containing the	4521
name and voting residence of each person whose voting residence is	4522
in such precinct to whom absent voter's ballots were mailed.	4523

(C) When the board of elections determines that absent	4524
voter's ballots shall be counted at the office of the board of	4525
elections or at another location designated by the board, special	4526
election judgesofficials shall be appointed by the board for that	4527
purpose having the same authority as is exercised by precinct	4528
judgeselection officials. The votes so cast shall be added to the	4529
vote totals by the boardfor the precincts in which the applicable	4530
absent voters reside, and the absent voter's ballots shall be	4531
preserved separately by the board, in the same manner and for the	4532
same length of time as provided by section 3505.31 of the Revised	4533
Code.	4534

(D) Each of the identification envelopes purporting to	4535
contain absent voter's ballots delivered to the presiding judge	4536
voting location manager of the precinct or the special judge	4537
election official appointed by the board of elections shall be	4538
handled as follows: The election officials shall compare the	4539
signature of the elector on the outside of the identification	4540
envelope with the signature of that elector on the elector's	4541
registration form and verify that the absent voter's ballot is	4542
eligible to be counted under section 3509.07 of the Revised Code.	4543
Any of the precinct officials may challenge the right of the	4544
elector named on the identification envelope to vote the absent	4545
voter's ballots upon the ground that the signature on the envelope	4546
is not the same as the signature on the registration form, that	4547
the identification envelope statement of voter has not been	4548
completed, or upon any other of the grounds upon which the right	4549
of persons to vote may be lawfully challenged. If no such	4550
challenge is made, or if such a challenge is made and not	4551
sustained, the presiding judgevoting location manager shall open	4552
the envelope without defacing the statement of voter and without	4553
mutilating the ballots in it, and shall remove the ballots	4554
contained in it and proceed to count them.	4555

The name of each person voting who is entitled to vote only	4556
an absent voter's presidential ballot shall be entered in a	4557
pollbook or poll list or signature pollbook followed by the words	4558
"Absentee Presidential Ballot." The name of each person voting an	4559
absent voter's ballot, other than such persons entitled to vote	4560
only a presidential ballot, shall be entered in the pollbook or	4561
poll list or signature pollbook and the person's registration card	4562
marked to indicate that the person has voted.	4563

The date of such election shall also be entered on the	4564
elector's registration form. If any such challenge is made and	4565
sustained, the identification envelope of such elector shall not	4566
be opened, shall be endorsed "Not Counted" with the reasons the	4567
ballots were not counted, and shall be delivered to the board.	4568

(E) Special election judgesofficials, employees or members	4569
of the board of elections, or observers shall not disclose the	4570
count or any portion of the count of absent voter's ballots prior	4571
to the time of the closing of the polling places. No person shall	4572
recklessly disclose the count or any portion of the count of	4573
absent voter's ballots in such a manner as to jeopardize the	4574
secrecy of any individual ballot.	4575

(F) Observers may be appointed under section 3505.21 of the	4576
Revised Code to witness the examination and opening of	4577
identification envelopes and the counting of absent voters'	4578
ballots under this section.	4579

Sec. 3509.07.  If election officials find that the statement	4580
accompanying an absent voter's ballot or absent voter's	4581
presidential ballot is insufficient, that the signatures do not	4582
correspond with the person's registration signature, that the	4583
applicant is not a qualified elector in the precinct, that the	4584
ballot envelope contains more than one ballot of any one kind, or	4585
any voted ballot that the elector is not entitled to vote, that	4586
Stub A is detached fromnot included in the envelope with the	4587
absent voter's ballot or absent voter's presidential ballot, or	4588
that the elector has not included with the elector's ballot any	4589
identification required under section 3509.05 or 3511.09 of the	4590
Revised Code, the vote shall not be accepted or counted. The vote	4591
of any absent voter may be challenged for cause in the same manner	4592
as other votes are challenged, and the election officials shall	4593
determine the legality of that ballot. Every ballot not counted	4594
shall be endorsed on its back "Not Counted" with the reasons the	4595
ballot was not counted, and shall be enclosed and returned to or	4596
retained by the board of elections along with the contested	4597
ballots.	4598

Sec. 3509.08.  (A) Any qualified elector, who, on account of	4599
the elector's own personal illness, physical disability, or	4600
infirmity, or on account of the elector's confinement in a jail or	4601
workhouse under sentence for a misdemeanor or awaiting trial on a	4602
felony or misdemeanor, will be unable to travel from the elector's	4603
home or place of confinement to the voting booth in the elector's	4604
precinct on the day of any general, special, or primary election	4605
may make application in writing for an absent voter's ballot to	4606
the director of the board of elections of the elector's county.	4607
The application shall include all of the information required	4608
under section 3509.03 of the Revised Code and shall state the	4609
nature of the elector's illness, physical disability, or	4610
infirmity, or the fact that the elector is confined in a jail or	4611
workhouse and the elector's resultant inability to travel to the	4612
election booth in the elector's precinct on election day. The	4613
application shall not be valid if it is delivered to the director	4614
board before the ninetieth day or after twelve noon of the third	4615
day before the day of the election at which the ballot is to be	4616
voted.	4617

The absent voter's ballot may be mailed directly to the	4618
applicant at the applicant's voting residence or place of	4619
confinement as stated in the applicant's application, or the board	4620
may designate two board employees belonging to the two major	4621
political parties for the purpose of delivering the ballot to the	4622
disabled or confined elector and returning it to the board, unless	4623
the applicant is confined to a public or private institution	4624
within the county, in which case the board shall designate two	4625
board employees belonging to the two major political parties for	4626
the purpose of delivering the ballot to the disabled or confined	4627
elector and returning it to the board. In all other instances, the	4628
ballot shall be returned to the office of the board in the manner	4629
prescribed in section 3509.05 of the Revised Code.	4630

Any disabled or confined elector who declares to the two	4631
board employees belonging to the two major political parties that	4632
the elector is unable to mark the elector's ballot by reason of	4633
physical infirmity that is apparent to the employees to be	4634
sufficient to incapacitate the voter from marking the elector's	4635
ballot properly, may receive, upon request, the assistance of the	4636
employees in marking the elector's ballot, and they shall	4637
thereafter give no information in regard to this matter. Such	4638
assistance shall not be rendered for any other cause.	4639

When two board employees belonging to the two major political	4640
parties deliver a ballot to a disabled or confined elector, each	4641
of the employees shall be present when the ballot is delivered,	4642
when assistance is given, and when the ballot is returned to the	4643
office of the board, and shall subscribe to the declaration on the	4644
identification envelope.	4645

The secretary of state shall prescribe the form of	4646
application for absent voter's ballots under this division.	4647

This chapter applies to disabled and confined absent voter's	4648
ballots except as otherwise provided in this section.	4649

(B)(1) Any qualified elector who is unable to travel to the	4650
voting booth in the elector's precinct on the day of any general,	4651
special, or primary election may apply to the director of the	4652
board of elections of the county where the elector is a qualified	4653
elector to vote in the election by absent voter's ballot if either	4654
of the following apply:	4655

(a) The elector is confined in a hospital as a result of an	4656
accident or unforeseeable medical emergency occurring before the	4657
election;	4658

(b) The elector's minor child is confined in a hospital as a	4659
result of an accident or unforeseeable medical emergency occurring	4660
before the election.	4661

(2) The application authorized under division (B)(1) of this	4662
section shall be made in writing, shall include all of the	4663
information required under section 3509.03 of the Revised Code,	4664
and shall be delivered to the directorboard not later than three	4665
p.m. on the day of the election. The application shall indicate	4666
the hospital where the applicant or the applicant's child is	4667
confined, the date of the applicant's or the applicant's child's	4668
admission to the hospital, and the offices for which the applicant	4669
is qualified to vote. The applicant may also request that a member	4670
of the applicant's family, as listed in section 3509.05 of the	4671
Revised Code, deliver the absent voter's ballot to the applicant.	4672
The directorboard, after establishing to the director'sboard's	4673
satisfaction the validity of the circumstances claimed by the	4674
applicant, shall supply an absent voter's ballot to be delivered	4675
to the applicant. When the applicant or the applicant's child is	4676
in a hospital in the county where the applicant is a qualified	4677
elector and no request is made for a member of the family to	4678
deliver the ballot, the directorboard shall arrange for the	4679
delivery of an absent voter's ballot to the applicant, and for its	4680
return to the office of the board, by two board employees	4681
belonging to the two major political parties according to the	4682
procedures prescribed in division (A) of this section. When the	4683
applicant or the applicant's child is in a hospital outside the	4684
county where the applicant is a qualified elector and no request	4685
is made for a member of the family to deliver the ballot, the	4686
directorboard shall arrange for the delivery of an absent voter's	4687
ballot to the applicant by mail, and the ballot shall be returned	4688
to the office of the board in the manner prescribed in section	4689
3509.05 of the Revised Code.	4690

(3) Any qualified elector who is eligible to vote under	4691
division (B) or (C) of section 3503.16 of the Revised Code but is	4692
unable to do so because of the circumstances described in division	4693
(B)(2) of this section may vote in accordance with division (B)(1)	4694
of this section if that qualified elector states in the	4695
application for absent voter's ballots that that qualified elector	4696
moved or had a change of name under the circumstances described in	4697
division (B) or (C) of section 3503.16 of the Revised Code and if	4698
that qualified elector complies with divisions (G)(1) to (4) of	4699
section 3503.16 of the Revised Code.	4700

(C) Any qualified elector described in division (A) or (B)(1)	4701
of this section who needs no assistance to vote or to return	4702
absent voter's ballots to the board of elections may apply for	4703
absent voter's ballots under section 3509.03 of the Revised Code	4704
instead of applying for them under this section.	4705

Sec. 3509.09.  (A) The poll list or signature pollbook for	4706
each precinct shall identify each registered elector in that	4707
precinct who has requested an absent voter's ballot for that	4708
election.	4709

(B)(1) If a registered elector appears to vote in that	4710
precinct and that elector has requested an absent voter's ballot	4711
for that election but the directorboard of elections has not	4712
received a sealed identification envelope purporting to contain	4713
that elector's voted absent voter's ballots for that election, the	4714
elector shall be permitted to cast a provisional ballot under	4715
section 3505.181 of the Revised Code in that precinct on the day	4716
of that election.	4717

(2) If a registered elector appears to vote in that precinct	4718
and that elector has requested an absent voter's ballot for that	4719
election and the directorboard has received a sealed	4720
identification envelope purporting to contain that elector's voted	4721
absent voter's ballots for that election, the elector shall be	4722
permitted to cast a provisional ballot under section 3505.181 of	4723
the Revised Code in that precinct on the day of that election.	4724

(C)(1) In counting absent voter's ballots under section	4725
3509.06 of the Revised Code, the board of elections shall compare	4726
the signature of each elector from whom the directorboard has	4727
received a sealed identification envelope purporting to contain	4728
that elector's voted absent voter's ballots for that election to	4729
the signature on that elector's registration form. Except as	4730
otherwise provided in division (C)(3) of this section, if the	4731
board of elections determines that the absent voter's ballot in	4732
the sealed identification envelope is valid, it shall be counted.	4733
If the board of elections determines that the signature on the	4734
sealed identification envelope purporting to contain the elector's	4735
voted absent voter's ballot does not match the signature on the	4736
elector's registration form, the ballot shall be set aside and the	4737
board shall examine, during the time prior to the beginning of the	4738
official canvass, the poll list or signature pollbook from the	4739
precinct in which the elector is registered to vote to determine	4740
if the elector also cast a provisional ballot under section	4741
3505.181 of the Revised Code in that precinct on the day of the	4742
election.	4743

(2) The board of elections shall count the provisional	4744
ballot, instead of the absent voter's ballot, if both of the	4745
following apply:	4746

(a) The board of elections determines that the signature of	4747
the elector on the outside of the identification envelope in which	4748
the absent voter's ballots are enclosed does not match the	4749
signature of the elector on the elector's registration form;	4750

(b) The elector cast a provisional ballot in the precinct on	4751
the day of the election.	4752

(3) If the board of elections does not receive the sealed	4753
identification envelope purporting to contain the elector's voted	4754
absent voter's ballot by the applicable deadline established under	4755
section 3509.05 of the Revised Code, the provisional ballot cast	4756
under section 3505.181 of the Revised Code in that precinct on the	4757
day of the election shall be counted as valid, if that provisional	4758
ballot is otherwise determined to be valid pursuant to section	4759
3505.183 of the Revised Code.	4760

(D) If the board of elections counts a provisional ballot	4761
under division (C)(2) or (3) of this section, the returned	4762
identification envelope of that elector shall not be opened, and	4763
the ballot within that envelope shall not be counted. The	4764
identification envelope shall be endorsed "Not Counted" with the	4765
reason the ballot was not counted.	4766

Sec. 3511.02.  Notwithstanding any section of the Revised	4767
Code to the contrary, whenever any person applies for registration	4768
as a voter on a form adopted in accordance with federal	4769
regulations relating to the "Uniformed and Overseas Citizens	4770
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	4771
this application shall be sufficient for voter registration and as	4772
a request for an absent voter's ballot. Uniformed services or	4773
overseas absent voter's ballots may be obtained by any person	4774
meeting the requirements of section 3511.01 of the Revised Code by	4775
applying electronically to the secretary of state or to the board	4776
of elections of the county in which the person's voting residence	4777
is located in accordance with section 3511.021 of the Revised Code	4778
or by applying to the director of the board of elections of the	4779
county in which the person's voting residence is located, in one	4780
of the following ways:	4781

(A) That person may make written application for those	4782
ballots. The person may personally deliver the application to the	4783
directorboard or may mail it, send it by facsimile machine, or	4784
otherwise send it to the directorboard. The application need not	4785
be in any particular form but shall contain all of the following	4786
information:	4787

(1) The elector's name;

4788

(2) The elector's signature;

4789

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

4790

(4) The elector's date of birth;

4791

(5) One of the following:

4792

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

4793

(b) The last four digits of the elector's social security	4794
number;	4795

(c) A copy of the elector's current and valid photo	4796
identification, a copy of a military identification, or a copy of	4797
a current utility bill, bank statement, government check,	4798
paycheck, or other government document, other than a notice of an	4799
election mailed by a board of elections under section 3501.19 of	4800
the Revised Code or a notice of voter registration mailed by a	4801
board of elections under section 3503.19 of the Revised Code, that	4802
shows the name and address of the elector.	4803

(6) A statement identifying the election for which absent	4804
voter's ballots are requested;	4805

(7) A statement that the person requesting the ballots is a	4806
qualified elector;	4807

(8) A statement that the elector is an absent uniformed	4808
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	4809

(9) A statement of the elector's length of residence in the	4810
state immediately preceding the commencement of service,	4811
immediately preceding the date of leaving to be with or near the	4812
service member, or immediately preceding leaving the United	4813
States, whichever is applicable;	4814

(10) If the request is for primary election ballots, the	4815
elector's party affiliation;	4816

(11) If the elector desires ballots to be mailed to the	4817
elector, the address to which those ballots shall be mailed;	4818

(12) If the elector desires ballots to be sent to the elector	4819
by facsimile machine, the telephone number to which they shall be	4820
so sent.	4821

(B) A voter or any relative of a voter listed in division (C)	4822
of this section may use a single federal post card application to	4823
apply for uniformed services or overseas absent voter's ballots	4824
for use at the primary and general elections in a given year and	4825
any special election to be held on the day in that year specified	4826
by division (E) of section 3501.01 of the Revised Code for the	4827
holding of a primary election, designated by the general assembly	4828
for the purpose of submitting constitutional amendments proposed	4829
by the general assembly to the voters of the state. A single	4830
federal postcard application shall be processed by the board of	4831
elections pursuant to section 3511.04 of the Revised Code the same	4832
as if the voter had applied separately for uniformed services or	4833
overseas absent voter's ballots for each election.	4834

(C) Application to have uniformed services or overseas absent	4835
voter's ballots mailed or sent by facsimile machine to such a	4836
person may be made by the spouse, father, mother, father-in-law,	4837
mother-in-law, grandfather, grandmother, brother or sister of the	4838
whole blood or half blood, son, daughter, adopting parent, adopted	4839
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	4840
such a person. The application shall be in writing upon a blank	4841
form furnished only by the directorboard of elections or on a	4842
single federal post card as provided in division (B) of this	4843
section. The form of the application shall be prescribed by the	4844
secretary of state. The directorboard shall furnish that blank	4845
form to any of the relatives specified in this division desiring	4846
to make the application, only upon the request of such a relative	4847
made in person at the office of the board or upon the written	4848
request of such a relative mailed to the office of the board. The	4849
application, subscribed and sworn to by the applicant, shall	4850
contain all of the following:	4851

(1) The full name of the elector for whom ballots are	4852
requested;	4853

(2) A statement that the elector is an absent uniformed	4854
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	4855

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

4856

(4) A statement identifying the elector's length of residence	4857
in the state immediately preceding the commencement of service,	4858
immediately preceding the date of leaving to be with or near a	4859
service member, or immediately preceding leaving the United	4860
States, as the case may be;	4861

(5) The elector's date of birth;

4862

(6) One of the following:

4863

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

4864

(b) The last four digits of the elector's social security	4865
number;	4866

(c) A copy of the elector's current and valid photo	4867
identification, a copy of a military identification, or a copy of	4868
a current utility bill, bank statement, government check,	4869
paycheck, or other government document, other than a notice of an	4870
election mailed by a board of elections under section 3501.19 of	4871
the Revised Code or a notice of voter registration mailed by a	4872
board of elections under section 3503.19 of the Revised Code, that	4873
shows the name and address of the elector.	4874

(7) A statement identifying the election for which absent	4875
voter's ballots are requested;	4876

(8) A statement that the person requesting the ballots is a	4877
qualified elector;	4878

(9) If the request is for primary election ballots, the	4879
elector's party affiliation;	4880

(10) A statement that the applicant bears a relationship to	4881
the elector as specified in division (C) of this section;	4882

(11) The address to which ballots shall be mailed or the	4883
telephone number to which ballots shall be sent by facsimile	4884
machine;	4885

(12) The signature and address of the person making the	4886
application.	4887

Each application for uniformed services or overseas absent	4888
voter's ballots shall be delivered to the directorboard not	4889
earlier than the first day of January of the year of the elections	4890
for which the uniformed services or overseas absent voter's	4891
ballots are requested or not earlier than ninety days before the	4892
day of the election at which the ballots are to be voted,	4893
whichever is earlier, and not later than twelve noon of the third	4894
day preceding the day of the election, or not later than the close	4895
of regular business hours on the day before the day of the	4896
election at which those ballots are to be voted if the application	4897
is delivered in person to the office of the board.	4898

(D) If the voter for whom the application is made is entitled	4899
to vote for presidential and vice-presidential electors only, the	4900
applicant shall submit to the directorboard in addition to the	4901
requirements of divisions (A), (B), and (C) of this section, a	4902
statement to the effect that the voter is qualified to vote for	4903
presidential and vice-presidential electors and for no other	4904
offices.	4905

Sec. 3511.04.  (A) If a director of a board of elections	4906
receives an application for uniformed services or overseas absent	4907
voter's ballots that does not contain all of the required	4908
information, the directorboard promptly shall notify the	4909
applicant of the additional information required to be provided by	4910
the applicant to complete that application.	4911

(B) Not later than the forty-fifth day before the day of each	4912
general or primary election, and at the earliest possible time	4913
before the day of a special election held on a day other than the	4914
day on which a general or primary election is held, the director	4915
of the board of elections shall mail, send by facsimile machine,	4916
or otherwise send uniformed services or overseas absent voter's	4917
ballots then ready for use as provided for in section 3511.03 of	4918
the Revised Code and for which the directorboard has received	4919
valid applications prior to that time. Thereafter, and until	4920
twelve noon of the third day preceding the day of election, the	4921
directorboard shall promptly, upon receipt of valid applications	4922
for them, mail, send by facsimile machine, or otherwise send to	4923
the proper persons all uniformed services or overseas absent	4924
voter's ballots then ready for use.	4925

If, after the seventieth day before the day of a general or	4926
primary election, any other question, issue, or candidacy is	4927
lawfully ordered submitted to the electors voting at the general	4928
or primary election, the board shall promptly provide a separate	4929
official issue, special election, or other election ballot for	4930
submitting the question, issue, or candidacy to those electors,	4931
and the director shall promptly mail or send by facsimile machine	4932
each such separate ballot to each person to whom the director	4933
board has previously mailed or sent by facsimile machine other	4934
uniformed services or overseas absent voter's ballots.	4935

In mailing uniformed services or overseas absent voter's	4936
ballots, the directorboard shall use the fastest mail service	4937
available, but the directorboard shall not mail them by certified	4938
mail.	4939

Sec. 3511.05.  (A) The director of the board of elections	4940
shall place uniformed services or overseas absent voter's ballots	4941
sent by mail in an unsealed identification envelope, gummed ready	4942
for sealing. The directorboard shall include with uniformed	4943
services or overseas absent voter's ballots sent electronically,	4944
including by facsimile machine, an instruction sheet for preparing	4945
a gummed envelope in which the ballots shall be returned. The	4946
envelope for returning ballots sent by either means shall have	4947
printed or written on its face a form substantially as follows:	4948

"Identification Envelope Statement of Voter	4949

I, ........................(Name of voter), declare under	4950
penalty of election falsification that the within ballot or	4951
ballots contained no voting marks of any kind when I received	4952
them, and I caused the ballot or ballots to be marked, enclosed in	4953
the identification envelope, and sealed in that envelope.	4954

My voting residence in Ohio is

4955

...................................................................	4956

(Street and Number, if any, or Rural Route and Number)	4957

of ................................ (City, Village, or Township)	4958
Ohio, which is in Ward ............... Precinct ................	4959
in that city, village, or township.	4960

The primary election ballots, if any, within this envelope	4961
are primary election ballots of the ............. Party.	4962

Ballots contained within this envelope are to be voted at the	4963
.......... (general, special, or primary) election to be held on	4964
the .......................... day of ......................, ....	4965

My date of birth is ............... (Month and Day),	4966
.......... (Year).	4967

(Voter must provide one of the following:)

4968

My driver's license number is ............... (Driver's	4969
license number).	4970

The last four digits of my Social Security Number are	4971
............... (Last four digits of Social Security Number).	4972

...... In lieu of providing a driver's license number or the	4973
last four digits of my Social Security Number, I am enclosing a	4974
copy of one of the following in the return envelope in which this	4975
identification envelope will be mailed: a current and valid photo	4976
identification, a military identification, or a current utility	4977
bill, bank statement, government check, paycheck, or other	4978
government document, other than a notice of an election mailed by	4979
a board of elections under section 3501.19 of the Revised Code or	4980
a notice of voter registration mailed by a board of elections,	4981
that shows my name and address.	4982

I hereby declare, under penalty of election falsification,	4983
that the statements above are true, as I verily believe.	4984

			4985
	(Signature of Voter)		4986

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	4987
THE FIFTH DEGREE."	4988

(B) The directorboard shall also mail with the ballots and	4989
the unsealed identification envelope sent by mail an unsealed	4990
return envelope, gummed, ready for sealing, for use by the voter	4991
in returning the voter's marked ballots to the directorboard. The	4992
directorboard shall send with the ballots and the instruction	4993
sheet for preparing a gummed envelope sent electronically,	4994
including by facsimile machine, an instruction sheet for preparing	4995
a second gummed envelope as described in this division, for use by	4996
the voter in returning that voter's marked ballots to the director	4997
board. The return envelope shall have two parallel lines, each one	4998
quarter of an inch in width, printed across its face paralleling	4999
the top, with an intervening space of one quarter of an inch	5000
between such lines. The top line shall be one and one-quarter	5001
inches from the top of the envelope. Between the parallel lines	5002
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5003
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5004
lines shall be printed in the upper left corner on the face of the	5005
envelope for the use by the voter in placing the voter's complete	5006
military, naval, or mailing address on these lines, and beneath	5007
these lines there shall be printed a box beside the words "check	5008
if out-of-country." The voter shall check this box if the voter	5009
will be outside the United States on the day of the election. The	5010
official title and the post-office address of the directorboard	5011
to whomwhich the envelope shall be returned shall be printed on	5012
the face of such envelope in the lower right portion below the	5013
bottom parallel line.	5014

(C) On the back of each identification envelope and each	5015
return envelope shall be printed the following:	5016

"Instructions to voter:	5017

If the flap on this envelope is so firmly stuck to the back	5018
of the envelope when received by you as to require forcible	5019
opening in order to use it, open the envelope in the manner least	5020
injurious to it, and, after marking your ballots and enclosing	5021
same in the envelope for mailing them to the director of the board	5022
of elections, reclose the envelope in the most practicable way, by	5023
sealing or otherwise, and sign the blank form printed below.	5024

The flap on this envelope was firmly stuck to the back of the	5025
envelope when received, and required forced opening before sealing	5026
and mailing.	5027

			5028
	(Signature of voter)"		5029

(D) Division (C) of this section does not apply when absent	5030
voter's ballots are sent electronically, including by facsimile	5031
machine.	5032

Sec. 3511.06.  The return envelope provided for in section	5033
3511.05 of the Revised Code shall be of such size that the	5034
identification envelope can be conveniently placed within it for	5035
returning the identification envelope to the directorboard of	5036
elections. The envelope in which the two envelopes and the	5037
uniformed services or overseas absent voter's ballots are mailed	5038
to the elector shall have two parallel lines, each one quarter of	5039
an inch in width, printed across its face, paralleling the top,	5040
with an intervening space of one-quarter of an inch between such	5041
lines. The top line shall be one and one-quarter inches from the	5042
top of the envelope. Between the parallel lines shall be printed:	5043
"official uniformed services or overseas absent voter's balloting	5044
material--via air mail." The appropriate return address of the	5045
director of the board of elections shall be printed in the upper	5046
left corner on the face of such envelope. Several blank lines	5047
shall be printed on the face of such envelope in the lower right	5048
portion, below the bottom parallel line, for writing in the name	5049
and address of the elector to whom such envelope is mailed.	5050

Sec. 3511.07.  When mailing unsealed identification envelopes	5051
and unsealed return envelopes to persons, the director of the	5052
board of elections shall insert a sheet of waxed paper or other	5053
appropriate insert between the gummed flap and the back of each of	5054
such envelopes to minimize the possibility that the flap may	5055
become firmly stuck to the back of the envelope by reason of	5056
moisture, humid atmosphere, or other conditions to which they may	5057
be subjected. If the flap on either of such envelopes should be so	5058
firmly stuck to the back of the envelope when it is received by	5059
the voter as to require forcible opening of the envelope in order	5060
to use it, the voter shall open such envelope in the manner least	5061
injurious to it, and, after marking histhe voter's ballots and	5062
enclosing them in the envelope for mailing to the directorboard,	5063
hethe voter shall reclose such envelope in the most practicable	5064
way, by sealing it or otherwise, and shall sign the blank form	5065
printed on the back of such envelope.	5066

Sec. 3511.08.  The director of the board of elections shall	5067
keep a record of the name and address of each person to whom the	5068
directorboard mails or delivers uniformed services or overseas	5069
absent voter's ballots, the kinds of ballots so mailed or	5070
delivered, and the name and address of the person who made the	5071
application for such ballots. After the directorboard has mailed	5072
or delivered such ballots, the directorboard shall not mail or	5073
deliver additional ballots of the same kind to such person	5074
pursuant to a subsequent request unless such subsequent request	5075
contains the statement that an earlier request had been sent to	5076
the directorboard prior to the thirtieth day before the election	5077
and that the uniformed services or overseas absent voter's ballots	5078
so requested had not been received by such person prior to the	5079
fifteenth day before the election, and provided that the director	5080
board has not received an identification envelope purporting to	5081
contain marked uniformed services or overseas absent voter's	5082
ballots from such person.	5083

Sec. 3511.09.  Upon receiving uniformed services or overseas	5084
absent voter's ballots, the elector shall cause the questions on	5085
the face of the identification envelope to be answered, and, by	5086
writing the elector's usual signature in the proper place on the	5087
identification envelope, the elector shall declare under penalty	5088
of election falsification that the answers to those questions are	5089
true and correct to the best of the elector's knowledge and	5090
belief. Then, the elector shall note whether there are any voting	5091
marks on the ballot. If there are any voting marks, the ballot	5092
shall be returned immediately to the board of elections;	5093
otherwise, the elector shall cause the ballot to be marked, folded	5094
separately so as to conceal the markings on it, deposited in the	5095
identification envelope, and securely sealed in the identification	5096
envelope. The elector then shall cause the identification envelope	5097
to be placed within the return envelope, sealed in the return	5098
envelope, and mailed to the director of the board of elections to	5099
whom it is addressed, postage prepaid. If the elector does not	5100
provide the elector's driver's license number or the last four	5101
digits of the elector's social security number on the statement of	5102
voter on the identification envelope, the elector also shall	5103
include in the return envelope with the identification envelope a	5104
copy of the elector's current valid photo identification, a copy	5105
of a military identification, or a copy of a current utility bill,	5106
bank statement, government check, paycheck, or other government	5107
document, other than a notice of an election mailed by a board of	5108
elections under section 3501.19 of the Revised Code or a notice of	5109
voter registration mailed by a board of elections under section	5110
3503.19 of the Revised Code, that shows the name and address of	5111
the elector. Each elector who will be outside the United States on	5112
the day of the election shall check the box on the return envelope	5113
indicating this fact and shall mail the return envelope to the	5114
directorboard prior to the close of the polls on election day.	5115

Every uniformed services or overseas absent voter's ballot	5116
identification envelope shall be accompanied by the following	5117
statement in boldface capital letters: WHOEVER COMMITS ELECTION	5118
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5119

Sec. 3511.10.  If, after the thirty-fifth day andduring the	5120
time that absent voter's ballots may be cast in person before the	5121
close of the polls on the day of a general or primaryan election,	5122
a valid application for uniformed services or overseas absent	5123
voter's ballots is delivered to the director of the office of the	5124
board of elections at the office of the board by a person making	5125
the application on the person's own behalf, the directorboard	5126
shall forthwith deliver to the person all uniformed services or	5127
overseas absent voter's ballots then ready for use, together with	5128
an identification envelope. The person shall then immediately	5129
retire to a voting booth in the office of the board, and mark the	5130
ballots. The person shall then fold each ballot separately so as	5131
to conceal the person's markings thereon, and deposit all of the	5132
ballots in the identification envelope and securely seal it.	5133
Thereupon the person shall fill in answers to the questions on the	5134
face of the identification envelope, and by writing the person's	5135
usual signature in the proper place thereon, the person shall	5136
declare under penalty of election falsification that the answers	5137
to those questions are true and correct to the best of that	5138
person's knowledge and belief. The person shall then deliver the	5139
identification envelope to the directorboard. If thereafter, and	5140
before the third day preceding such election, the board provides	5141
additional separate official issue or special election ballots, as	5142
provided for in section 3511.04 of the Revised Code, the director	5143
board shall promptly, and not later than twelve noon of the third	5144
day preceding the day of election, mail such additional ballots to	5145
such person at the address specified by that person for that	5146
purpose.	5147

In the event any person serving in the armed forces of the	5148
United States is discharged after the closing date of	5149
registration, and that person or that person's spouse, or both,	5150
meets all the other qualifications set forth in section 3511.01 of	5151
the Revised Code, the person or spouse shall be permitted to vote	5152
prior to the date of the election in the office of the board in	5153
the person's or spouse's county, as set forth in this section.	5154

Sec. 3511.11.  (A) Upon receipt of any return envelope	5155
bearing the designation "Official Election Uniformed Services or	5156
Overseas Absent Voter's Ballot" prior to the eleventh day after	5157
the day of any election, the director of the board of elections	5158
shall open it but shall not open the identification envelope	5159
contained in it. If, upon so opening the return envelope, the	5160
directorboard finds ballots in it that are not enclosed in and	5161
properly sealed in the identification envelope, the directorboard	5162
shall not look at the markings upon the ballots and shall promptly	5163
place them in the identification envelope and promptly seal it.	5164
If, upon so opening the return envelope, the directorboard finds	5165
that ballots are enclosed in the identification envelope but that	5166
it is not properly sealed, the directorboard shall not look at	5167
the markings upon the ballots and shall promptly seal the	5168
identification envelope.	5169

(B) Uniformed services or overseas absent voter's ballots	5170
delivered to the directorboard not later than the close of the	5171
polls on election day shall be counted in the manner provided in	5172
section 3509.06 of the Revised Code.	5173

(C) A return envelope that indicates that the voter will be	5174
outside of the United States on the day of an election is not	5175
required to be postmarked in order for a uniformed services or	5176
overseas absent voter's ballot contained in it to be valid. Except	5177
as otherwise provided in this division, whether or not the return	5178
envelope containing the ballot is postmarked or contains an	5179
illegible postmark, a uniformed services or overseas absent	5180
voter's ballot that is received after the close of the polls on	5181
election day through the tenth day after the election day and that	5182
is delivered in a return envelope that indicates that the voter	5183
will be outside the United States on the day of the election shall	5184
be counted on the eleventh day after the election day at the	5185
office of the board of elections in the manner provided in	5186
divisions (C) and (D) of section 3509.06 of the Revised Code.	5187
However, if a return envelope containing a uniformed services or	5188
overseas absent voter's ballot is so received and so indicates,	5189
but it is postmarked, or the identification envelope in it is	5190
signed, after the close of the polls on election day, the	5191
uniformed services or overseas absent voter's ballot shall not be	5192
counted.	5193

(D)(1) Except as otherwise provided in division (D)(2) of	5194
this section, any return envelope containing a uniformed services	5195
or overseas absent voter's ballot that is postmarked within the	5196
United States prior to the day of the election shall be delivered	5197
to the directorboard prior to the eleventh day after the	5198
election. Uniformed services or overseas absent voter's ballots	5199
delivered in envelopes postmarked prior to the day of the election	5200
that are received after the close of the polls on election day	5201
through the tenth day thereafter shall be counted on the eleventh	5202
day at the board of elections in the manner provided in divisions	5203
(C) and (D) of section 3509.06 of the Revised Code. Any such	5204
ballots that are received by the directorboard later than the	5205
tenth day following the election shall not be counted, but shall	5206
be kept by the board in the sealed identification envelopes as	5207
provided in division (A) of this section.	5208

(2) Division (D)(1) of this section shall not apply to any	5209
mail that is postmarked using a postage evidencing system,	5210
including a postage meter, as defined in 39 C.F.R. 501.1.	5211

(E) The following types of uniformed services or overseas	5212
absent voter's ballots shall not be counted:	5213

(1) Uniformed services or overseas absent voter's ballots	5214
contained in return envelopes that bear the designation "Official	5215
Election Uniformed Services or Overseas Absent Voter's Ballots,"	5216
that are received by the directorboard after the close of the	5217
polls on the day of the election, and that either are postmarked,	5218
or contain an identification envelope that is signed, on or after	5219
election day;	5220

(2) Uniformed services or overseas absent voter's ballots	5221
contained in return envelopes that bear that designation, that do	5222
not indicate they are from voters who will be outside the United	5223
States on the day of the election, and that are received after the	5224
tenth day following the election;	5225

(3) Uniformed services or overseas absent voter's ballots	5226
contained in return envelopes that bear that designation, that are	5227
received by the directorboard within ten days after the day of	5228
the election, and that were postmarked before the day of the	5229
election using a postage evidencing system, including a postage	5230
meter, as defined in 39 C.F.R. 501.1.	5231

The uncounted ballots shall be preserved in their	5232
identification envelopes unopened until the time provided by	5233
section 3505.31 of the Revised Code for the destruction of all	5234
other ballots used at the election for which ballots were	5235
provided, at which time they shall be destroyed.	5236

Sec. 3511.13. (A) The poll list or signature pollbook for	5237
each precinct shall identify each registered elector in that	5238
precinct who has requested a uniformed services or overseas absent	5239
voter's ballot for that election.	5240

(B)(1) If a registered elector appears to vote in that	5241
precinct and that elector has requested a uniformed services or	5242
overseas absent voter's ballot for that election but the director	5243
board of elections has not received a sealed identification	5244
envelope purporting to contain that elector's voted uniformed	5245
services or overseas absent voter's ballots for that election, the	5246
elector shall be permitted to cast a provisional ballot under	5247
section 3505.181 of the Revised Code in that precinct on the day	5248
of that election.	5249

(2) If a registered elector appears to vote in that precinct	5250
and that elector has requested a uniformed services or overseas	5251
absent voter's ballot for that election and the directorboard has	5252
received a sealed identification envelope purporting to contain	5253
that elector's voted uniformed services or overseas absent voter's	5254
ballots for that election, the elector shall be permitted to cast	5255
a provisional ballot under section 3505.181 of the Revised Code in	5256
that precinct on the day of that election.	5257

(C)(1) In counting uniformed services or overseas absent	5258
voter's ballots under section 3511.11 of the Revised Code, the	5259
board of elections shall compare the signature of each elector	5260
from whom the directorboard has received a sealed identification	5261
envelope purporting to contain that elector's voted uniformed	5262
services or overseas absent voter's ballots for that election to	5263
the signature on the elector's registration form. Except as	5264
otherwise provided in division (C)(3) of this section, if the	5265
board of elections determines that the uniformed services or	5266
overseas absent voter's ballot in the sealed identification	5267
envelope is valid, it shall be counted. If the board of elections	5268
determines that the signature on the sealed identification	5269
envelope purporting to contain the elector's voted uniformed	5270
services or overseas absent voter's ballot does not match the	5271
signature on the elector's registration form, the ballot shall be	5272
set aside and the board shall examine, during the time prior to	5273
the beginning of the official canvass, the poll list or signature	5274
pollbook from the precinct in which the elector is registered to	5275
vote to determine if the elector also cast a provisional ballot	5276
under section 3505.181 of the Revised Code in that precinct on the	5277
day of the election.	5278

(2) The board of elections shall count the provisional	5279
ballot, instead of the uniformed services or overseas absent	5280
voter's ballot, of an elector from whom the directorboard has	5281
received an identification envelope purporting to contain that	5282
elector's voted uniformed services or overseas absent voter's	5283
ballots, if both of the following apply:	5284

(a) The board of elections determines that the signature of	5285
the elector on the outside of the identification envelope in which	5286
the uniformed services or overseas absent voter's ballots are	5287
enclosed does not match the signature of the elector on the	5288
elector's registration form;	5289

(b) The elector cast a provisional ballot in the precinct on	5290
the day of the election.	5291

(3) If the board of elections does not receive the sealed	5292
identification envelope purporting to contain the elector's voted	5293
uniformed services or overseas absent voter's ballot by the	5294
applicable deadline established under section 3511.11 of the	5295
Revised Code, the provisional ballot cast under section 3505.181	5296
of the Revised Code in that precinct on the day of the election	5297
shall be counted as valid, if that provisional ballot is otherwise	5298
determined to be valid pursuant to section 3505.183 of the Revised	5299
Code.	5300

(D) If the board of elections counts a provisional ballot	5301
under division (C)(2) or (3) of this section, the returned	5302
identification envelope of that elector shall not be opened, and	5303
the ballot within that envelope shall not be counted. The	5304
identification envelope shall be endorsed "Not Counted" with the	5305
reason the ballot was not counted.	5306

Sec. 3511.14. A board of elections shall accept and process	5307
federal write-in ballots for all federal, state, and local	5308
elections conducted in any year as required under "The Uniformed	5309
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	5310
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	5311

Sec. 3513.02.  If, in any odd-numbered year, no valid	5312
declaration of candidacy is filedcandidate is certified to appear	5313
on the ballot for nomination as a candidate of a political party	5314
for election to any of the offices to be voted for at the general	5315
election to be held in such year, or if the number of persons	5316
filing such declarations of candidacycertified as candidates to	5317
appear on the ballot for nominationsnomination as candidates of	5318
one political party for election to such offices does not exceed,	5319
as to any such office, the number of candidates which such	5320
political party is entitled to nominate as its candidates for	5321
election to such office, then no primary election shall be held	5322
for the purpose of nominating party candidates of such party for	5323
election to offices to be voted for at such general election and	5324
no primary ballots shall be provided for such party. If, however,	5325
the only office for which there are more valid declarations of	5326
candidacy filedcandidates certified to appear on the ballot than	5327
the number to be nominated by a political party, is the office of	5328
councilperson in a ward, a primary election shall be held for such	5329
party only in the ward or wards in which there is a contest, and	5330
only the names of the candidates for the office of councilperson	5331
in such ward shall appear on the primary ballot of such political	5332
party.	5333

The election officials whose duty it would have been to	5334
provide for and conduct the holding of such primary election,	5335
declare the results thereof, and issue certificates of nomination	5336
to the persons entitled thereto if such primary election had been	5337
held shall declare each of such persons to be nominated as of the	5338
date of the ninetieth day before the primary election, issue	5339
appropriate certificates of nomination to each of them, and	5340
certify their names to the proper election officials, in order	5341
that their names may be printed on the official ballots provided	5342
for use in the succeeding general election in the same manner as	5343
though such primary election had been held and such persons had	5344
been nominated at such election.	5345

Sec. 3513.12.  At a presidential primary election, which	5346
shall be held on the first Tuesday after the first Monday in March	5347
in the year 2000, and similarly in every fourth year thereafter,	5348
delegates and alternates to the national conventions of the	5349
different major political parties shall be chosen by direct vote	5350
of the electors as provided in this chapter. Candidates for	5351
delegate and alternate shall be qualified and the election shall	5352
be conducted in the manner prescribed in this chapter for the	5353
nomination of candidates for state and district offices, except as	5354
provided in section 3513.151 of the Revised Code and except that	5355
whenever any group of candidates for delegate at large or	5356
alternate at large, or any group of candidates for delegates or	5357
alternates from districts, file with the secretary of state	5358
statements as provided by this section, designating the same	5359
persons as their first and second choices for president of the	5360
United States, such a group of candidates may submit a group	5361
petition containing a declaration of candidacy for each of such	5362
candidates. The group petition need be signed only by the number	5363
of electors required for the petition of a single candidate. No	5364
group petition shall be submitted except by a group of candidates	5365
equal in number to the whole number of delegates at large or	5366
alternates at large to be elected or equal in number to the whole	5367
number of delegates or alternates from a district to be elected.	5368

Each person seeking to be elected as delegate or alternate to	5369
the national convention of the person's political party shall file	5370
with the person's declaration of candidacy and certificate a	5371
statement in writing signed by the person in which the person	5372
shall state the person's first and second choices for nomination	5373
as the candidate of the person's party for the presidency of the	5374
United States. The secretary of state shall not permit any	5375
declaration of candidacy and certificate of a candidate for	5376
election as such delegate or alternate to be filed unless	5377
accompanied by such statement in writing. The name of a candidate	5378
for the presidency shall not be so used without the candidate's	5379
written consent.	5380

A person who is a first choice for president of candidates	5381
seeking election as delegates and alternates shall file with the	5382
secretary of state, prior to the day of the election, a list	5383
indicating the order in which certificates of election are to be	5384
issued to delegate or alternate candidates to whose candidacy the	5385
person has consented, if fewer than all of such candidates are	5386
entitled under party rules to be certified as elected. Each	5387
candidate for election as such delegate or alternate may also file	5388
along with the candidate's declaration of candidacy and	5389
certificate a statement in writing signed by the candidate in the	5390
following form:	5391

"Statement of Candidate	5392

For Election as ............ (Delegate) (Alternate) to the	5393

............ (name of political party) National Convention	5394

I hereby declare to the voters of my political party in the	5395
State of Ohio that, if elected as ............ (delegate)	5396
(alternate) to their national party convention, I shall, to the	5397
best of my judgment and ability, support that candidate for	5398
President of the United States who shall have been selected at	5399
this primary by the voters of my party in the manner provided in	5400
Chapter 3513. of the Ohio Revised Code, as their candidate for	5401
such office.	5402

	........................... (name,),		5403
	Candidate for .............		5404
	(Delegate) (Alternate)"		5405

The procedures for the selection of candidates for delegate	5406
and alternate to the national convention of a political party set	5407
forth in this section and in section 3513.121 of the Revised Code	5408
are alternative procedures, and if the procedures of this section	5409
are followed, the procedures of section 3513.121 of the Revised	5410
Code need not be followed.	5411

Sec. 3513.131.  In the event two or more persons with	5412
identical surnames run for the same office in a primary election	5413
on the same ballot, the names of the candidates shall be	5414
differentiated on the ballot by varying combinations of first and	5415
middle names and initials. Within twenty-four hours after the	5416
final date for filing declarations of candidacy or petitions for	5417
candidacy, the director of the board of elections for local,	5418
municipal, county, general, or special elections, or the director	5419
of the board of elections of the most populous county for	5420
district, general, or special elections, or the secretary of state	5421
for state-wide general and special elections shall notify the	5422
persons with identical given names and surnames that the names of	5423
such persons will be differentiated on the ballot. If one of the	5424
candidates is an incumbent who is a candidate to succeed himself	5425
self for the office hethe incumbent occupies, hethe incumbent	5426
shall have first choice of the name by which hethe incumbent is	5427
designated on the ballot. If an incumbent does not make a choice	5428
within two days after notification or if none of the candidates is	5429
an incumbent, the board of elections within three days after	5430
notification shall designate the names by which the candidates are	5431
identified on the ballot. In case of a district candidate the	5432
board of elections in the most populous county shall make the	5433
determination. In case of state-wide candidates, or in the case	5434
any board of elections fails to make a designation within three	5435
days after notification, the secretary of state shall immediately	5436
make the determination.	5437

"Notification" as required by this section shall be by the	5438
director of the board of elections or secretary of state by	5439
special delivery or telegramcertified mail at the candidate's	5440
address listed in histhe candidate's declaration or petition of	5441
candidacy.	5442

Sec. 3513.19.  (A) It is the duty of any judge of elections	5443
precinct election official, whenever any judge of electionssuch	5444
official doubts that a person attempting to vote at a primary	5445
election is legally entitled to vote at that election, to	5446
challenge the right of that person to vote. The right of a person	5447
to vote at a primary election may be challenged upon the following	5448
grounds:	5449

(1) That the person whose right to vote is challenged is not	5450
a legally qualified elector;	5451

(2) That the person has received or has been promised some	5452
valuable reward or consideration for the person's vote;	5453

(3) That the person is not affiliated with or is not a member	5454
of the political party whose ballot the person desires to vote.	5455
Such party affiliation shall be determined by examining the	5456
elector's voting record for the current year and the immediately	5457
preceding two calendar years as shown on the voter's registration	5458
card, using the standards of affiliation specified in the seventh	5459
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	5460
of this section and the seventh paragraph of section 3513.05 of	5461
the Revised Code do not prohibit a person who holds an elective	5462
office for which candidates are nominated at a party primary	5463
election from doing any of the following:	5464

(a) If the person voted as a member of a different political	5465
party at any primary election within the current year and the	5466
immediately preceding two calendar years, being a candidate for	5467
nomination at a party primary held during the times specified in	5468
division (C)(2) of section 3513.191 of the Revised Code provided	5469
that the person complies with the requirements of that section;	5470

(b) Circulating the person's own petition of candidacy for	5471
party nomination in the primary election.	5472

(B) When the right of a person to vote is challenged upon the	5473
ground set forth in division (A)(3) of this section, membership in	5474
or political affiliation with a political party shall be	5475
determined by the person's statement, made under penalty of	5476
election falsification, that the person desires to be affiliated	5477
with and supports the principles of the political party whose	5478
primary ballot the person desires to vote.	5479

Sec. 3513.21.  At the close of the polls in a primary	5480
election, the judges ofprecinct election officials shall proceed	5481
without delay to canvass the vote, sign and seal it, and make	5482
returns thereof to the board of elections forthwith on the forms	5483
to be provided by the board. The provisions of Title XXXV of the	5484
Revised Code relating to the accounting for and return of all	5485
ballots at general elections apply to primary ballots.	5486

If there is any disagreement as to how a ballot should be	5487
counted it shall be submitted to all of the judgesprecinct	5488
election officials. If three of the judgesprecinct election	5489
officials do not agree as to how any part of the ballot shall be	5490
counted, that part of such ballot which three of the judges	5491
officials do agree shall be counted and a notation made upon the	5492
ballot indicating what part has not been counted, and shall be	5493
placed in an envelope provided for that purpose, marked "Disputed	5494
Ballots" and returned to the board.	5495

The board shall, on the day when the vote is canvassed, open	5496
such sealed envelopes, determine what ballots and for whom they	5497
should be counted, and proceed to count and tally the votes on	5498
such ballots.	5499

Sec. 3513.262.  The nominating petitions of all candidates	5500
required to be filed before four p.m. of the day before the day of	5501
the primary election immediately preceding the general election	5502
shall be processed as follows:	5503

If such petition is filed with the secretary of state, hethe	5504
secretary of state shall, not later than the fifteenth day of June	5505
following the filing of such petition, or if the primary election	5506
was a presidential primary election, not later than the end of the	5507
sixth week after the day of that election, transmit to each board	5508
such separate petition papers as purport to contain signatures of	5509
electors of the county of such board. If such petition is filed	5510
with the board of the most populous county of a district or of a	5511
county in which the major portion of the population of a	5512
subdivision is located, such board shall, not later than the	5513
fifteenth day of June, or if the primary election was a	5514
presidential primary election, not later than the end of the sixth	5515
week after the day of that election, transmit to each board within	5516
such district such separate petition papers of the petition as	5517
purport to contain signatures of electors of the county of such	5518
board.	5519

All petition papers so transmitted to a board and all	5520
nominating petitions filed with a board shall, under proper	5521
regulations, be open to public inspection from the fifteenth day	5522
of June until four p.m. of the thirtieth day of that month, or if	5523
the primary election was a presidential primary election, from the	5524
end of the sixth week after the election until four p.m. of the	5525
end of the seventh week after the election. Each board shall, not	5526
later than the next fifteenth day of July, or if the primary	5527
election was a presidential primary election, not later than the	5528
end of the tenth week after the day of that election, examine and	5529
determine the sufficiency of the signatures on the petition papers	5530
transmitted to or filed with it, and the validity of the petitions	5531
filed with it, and shall return to the secretary of state all	5532
petition papers transmitted to it by himthe secretary of state,	5533
together with its certification of its determination as to the	5534
validity or invalidity of signatures thereon, and shall return to	5535
each other board all petition papers transmitted to it by such	5536
other board, as provided in this section, together with its	5537
certification of its determination as to the validity or	5538
invalidity of signatures thereon. All other matters affecting the	5539
validity or invalidity of such petition papers shall be determined	5540
by the secretary of state or the board with whom such petition	5541
papers were filed.	5542

Written protests against nominating petitions may be filed by	5543
any qualified elector eligible to vote for the candidate whose	5544
nominating petition hethe elector objects to, not later than four	5545
p.m. of the thirtieth day of July, or if the primary election was	5546
a presidential primary election, not later than the end of the	5547
twelfth week after the day of that election. Such protests shall	5548
be filed with the election officials with whom the nominating	5549
petition was filed. Upon the filing of such protest, the election	5550
officials with whom it is filed shall promptly fix the time and	5551
place for hearing it, and shall forthwith mail notice of the	5552
filing of such protest and the time and place for hearing it to	5553
the person whose nomination is protested. They shall also	5554
forthwith mail notice of the time and place fixed for the hearing	5555
to the person who filed the protest. At the time fixed, such	5556
election officials shall hear the protest and determine the	5557
validity or invalidity of the petition. Such determination shall	5558
be final.	5559

A protest against the nominating petition filed by joint	5560
candidates for the offices of governor and lieutenant governor	5561
shall be filed, heard, and determined in the same manner as a	5562
protest against the nominating petition of a candidate who files	5563
by himselfindividually.	5564

Sec. 3513.30.  (A)(1) If only one valid declaration of	5565
candidacy is filed for nomination as a candidate of a political	5566
party for an office and that candidate dies prior to the tenth day	5567
before the primary election, both of the following may occur:	5568

(a) The political party whose candidate died may fill the	5569
vacancy so created as provided in division (A)(2) of this section.	5570

(b) Any major political party other than the one whose	5571
candidate died may select a candidate as provided in division	5572
(A)(2) of this section under either of the following	5573
circumstances:	5574

(i) No person has filed a valid declaration of candidacy for	5575
nomination as that party's candidate at the primary election.	5576

(ii) Only one person has filed a valid declaration of	5577
candidacy for nomination as that party's candidate at the primary	5578
election, that person has withdrawn, died, or been disqualified	5579
under section 3513.052 of the Revised Code, and the vacancy so	5580
created has not been filled.	5581

(2) A vacancy may be filled under division (A)(1)(a) and a	5582
selection may be made under division (A)(1)(b) of this section by	5583
the appropriate committee of the political party in the same	5584
manner as provided in divisions (A) to (E) of section 3513.31 of	5585
the Revised Code for the filling of similar vacancies created by	5586
withdrawals or disqualifications under section 3513.052 of the	5587
Revised Code after the primary election, except that the	5588
certification required under that section may not be filed with	5589
the secretary of state, or with a board of the most populous	5590
county of a district, or with the board of a county in which the	5591
major portion of the population of a subdivision is located, later	5592
than four p.m. of the tenth day before the day of such primary	5593
election, or with any other board later than four p.m. of the	5594
fifth day before the day of such primary election.	5595

(3) If only one valid declaration of candidacy is filed for	5596
nomination as a candidate of a political party for an office and	5597
that candidate dies on or after the tenth day before the day of	5598
the primary election, that candidate is considered to have	5599
received the nomination of that candidate's political party at	5600
that primary election, and, for purposes of filling the vacancy so	5601
created, that candidate's death shall be treated as if that	5602
candidate died on the day after the day of the primary election.	5603

(B) Any person filing a declaration of candidacy may withdraw	5604
as such candidate at any time prior to the primary election. The	5605
withdrawal shall be effected and the statement of withdrawal shall	5606
be filed in accordance with the procedures prescribed in division	5607
(D) of this section for the withdrawal of persons nominated in a	5608
primary election or by nominating petition.	5609

(C) A person who is named the first choice for president of	5610
the United States by a candidate for delegate or alternate to a	5611
national convention of a political party may withdraw consent for	5612
the selection of the person as such first choice no later than	5613
four p.m. of the fortieth day before the day of the presidential	5614
primary election. Withdrawal of consent shall be for the entire	5615
slate of candidates for delegates and alternates who named such	5616
person as their presidential first choice and shall constitute	5617
withdrawal from the primary election by such delegates and	5618
alternates. The withdrawal shall be made in writing and delivered	5619
to the secretary of state. If the withdrawal is delivered to the	5620
secretary of state on or before the seventieth day before the day	5621
of the primary election, the boards of elections shall remove both	5622
the name of the withdrawn first choice and the names of such	5623
withdrawn candidates from the ballots according to the directions	5624
of the secretary of state. If the withdrawal is delivered to the	5625
secretary of state after the seventieth day before the day of the	5626
primary election, the board of elections shall not remove the name	5627
of the withdrawn first choice and the names of the withdrawn	5628
candidates from the ballots. The board of elections shall post a	5629
notice at each polling location on the day of the primary	5630
election, and shall enclose with each absent voter's ballot given	5631
or mailed after the candidate withdraws, a notice that votes for	5632
the withdrawn first choice or the withdrawn candidates will be	5633
void and will not be counted. If such names are not removed from	5634
all ballots before the day of the election, the votes for the	5635
withdrawn first choice or the withdrawn candidates are void and	5636
shall not be counted.	5637

(D) Any person nominated in a primary election or by	5638
nominating petition as a candidate for election at the next	5639
general election may withdraw as such candidate at any time prior	5640
to the general election. Such withdrawal may be effected by the	5641
filing of a written statement by such candidate announcing the	5642
candidate's withdrawal and requesting that the candidate's name	5643
not be printed on the ballots. If such candidate's declaration of	5644
candidacy or nominating petition was filed with the secretary of	5645
state, the candidate's statement of withdrawal shall be addressed	5646
to and filed with the secretary of state. If such candidate's	5647
declaration of candidacy or nominating petition was filed with a	5648
board of elections, the candidate's statement of withdrawal shall	5649
be addressed to and filed with such board.	5650

(E) When a person withdraws under division (B) or (D) of this	5651
section on or before the seventieth day before the day of the	5652
primary election at which the person's candidacy is to appear on	5653
the ballot, the board of elections shall remove the name of the	5654
withdrawn candidate from the ballots according to the directions	5655
of the secretary of state. When a person withdraws under division	5656
(B) or (D) of this section after the seventieth day before the day	5657
of the primary election at which the person's candidacy is to	5658
appear on the ballot, the board of elections shall not remove the	5659
name of the withdrawn candidate from the ballots. The board of	5660
elections shall post a notice at each polling place on the day of	5661
the primary election, and shall enclose with each absent voter's	5662
ballot given or mailed after the candidate withdraws, a notice	5663
that votes for the withdrawn candidate will be void and will not	5664
be counted. If the name is not removed from all ballots before the	5665
day of the election, the votes for the withdrawn candidate are	5666
void and shall not be counted.	5667

Sec. 3515.04.  At the time and place fixed for making a	5668
recount, the board of elections, in the presence of all observers	5669
who may be in attendance, shall open the sealed containers	5670
containing the ballots to be recounted, and shall recount them. If	5671
a county used punch card ballots and if a chad is attached to a	5672
punch card ballot by three or four corners, the voter shall be	5673
deemed by the board not to have recorded a candidate, question, or	5674
issue choice at the particular position on the ballot, and a vote	5675
shall not be counted at that particular position on the ballot in	5676
the recount. Ballots shall be handled only by the members of the	5677
board or by the director or other employees of the board.	5678
Observers shall be permitted to see the ballots, but they shall	5679
not be permitted to touch them, and the board shall not permit the	5680
counting or tabulation of votes shown on the ballots for any	5681
nomination, or for election to any office or position, or upon any	5682
question or issue, other than the votes shown on such ballots for	5683
the nomination, election, question, or issue concerning which a	5684
recount of ballots was applied for.	5685

At any time before the ballots from all of the precincts	5686
listed in an application for the recount or involved in a recount	5687
pursuant to section 3515.011 of the Revised Code have been	5688
recounted, the applicant or declared losing candidate or nominee	5689
or each of the declared losing candidates or nominees entitled to	5690
file a request prior to the commencement of a recount, as provided	5691
in section 3515.03 of the Revised Code, may file with the board a	5692
written request to stop the recount and not recount the ballots	5693
from the precincts so listed that have not been recounted prior to	5694
the time of the request. If, upon the request, the board finds	5695
that results of the votes in the precincts recounted, if	5696
substituted for the results of the votes in those precincts as	5697
shown in the abstract of the votes in those precincts, would not	5698
cause the applicant, if a person for whom votes were cast for	5699
nomination or election, to be declared nominated or elected or if	5700
an election upon a question or issue would not cause a result	5701
contrary to the result as declared prior to such recount, it shall	5702
grant the request and shall not recount the ballots of the	5703
precincts listed in the application for recount that have not been	5704
recounted prior to that time. If the board finds otherwise, it	5705
shall deny the request and shall continue to recount ballots until	5706
the ballots from all of the precincts listed in the application	5707
for recount have been recounted; provided that, if the request is	5708
denied, it may be renewed from time to time. Upon any such	5709
renewal, the board shall consider and act upon the request in the	5710
same manner as provided in this section in connection with an	5711
original request.	5712

As used in this section, "chad" and "punch card ballot" have	5713
the same meanings as in section 3506.16 of the Revised Code.	5714

Sec. 3517.10.  (A) Except as otherwise provided in this	5715
division, every campaign committee, political action committee,	5716
legislative campaign fund, political party, and political	5717
contributing entity that made or received a contribution or made	5718
an expenditure in connection with the nomination or election of	5719
any candidate or in connection with any ballot issue or question	5720
at any election held or to be held in this state shall file, on a	5721
form prescribed under this section or by electronic means of	5722
transmission as provided in this section and section 3517.106 of	5723
the Revised Code, a full, true, and itemized statement, made under	5724
penalty of election falsification, setting forth in detail the	5725
contributions and expenditures, not later than four p.m. of the	5726
following dates:	5727

(1) The twelfth day before the election to reflect	5728
contributions received and expenditures made from the close of	5729
business on the last day reflected in the last previously filed	5730
statement, if any, to the close of business on the twentieth day	5731
before the election;	5732

(2) The thirty-eighth day after the election to reflect the	5733
contributions received and expenditures made from the close of	5734
business on the last day reflected in the last previously filed	5735
statement, if any, to the close of business on the seventh day	5736
before the filing of the statement;	5737

(3) The last business day of January of every year to reflect	5738
the contributions received and expenditures made from the close of	5739
business on the last day reflected in the last previously filed	5740
statement, if any, to the close of business on the last day of	5741
December of the previous year;	5742

(4) The last business day of July of every year to reflect	5743
the contributions received and expenditures made from the close of	5744
business on the last day reflected in the last previously filed	5745
statement, if any, to the close of business on the last day of	5746
June of that year.	5747

A campaign committee shall only be required to file the	5748
statements prescribed under divisions (A)(1) and (2) of this	5749
section in connection with the nomination or election of the	5750
committee's candidate.	5751

The statement required under division (A)(1) of this section	5752
shall not be required of any campaign committee, political action	5753
committee, legislative campaign fund, political party, or	5754
political contributing entity that has received contributions of	5755
less than one thousand dollars and has made expenditures of less	5756
than one thousand dollars at the close of business on the	5757
twentieth day before the election. Those contributions and	5758
expenditures shall be reported in the statement required under	5759
division (A)(2) of this section.	5760

If an election to select candidates to appear on the general	5761
election ballot is held within sixty days before a general	5762
election, the campaign committee of a successful candidate in the	5763
earlier election may file the statement required by division	5764
(A)(1) of this section for the general election instead of the	5765
statement required by division (A)(2) of this section for the	5766
earlier election if the pregeneral election statement reflects the	5767
status of contributions and expenditures for the period twenty	5768
days before the earlier election to twenty days before the general	5769
election.	5770

If a person becomes a candidate less than twenty days before	5771
an election, the candidate's campaign committee is not required to	5772
file the statement required by division (A)(1) of this section.	5773

No statement under division (A)(3) of this section shall be	5774
required for any year in which a campaign committee, political	5775
action committee, legislative campaign fund, political party, or	5776
political contributing entity is required to file a postgeneral	5777
election statement under division (A)(2) of this section. However,	5778
a statement under division (A)(3) of this section may be filed, at	5779
the option of the campaign committee, political action committee,	5780
legislative campaign fund, political party, or political	5781
contributing entity.	5782

No campaign committee of a candidate for the office of chief	5783
justice or justice of the supreme court, and no campaign committee	5784
of a candidate for the office of judge of any court in this state,	5785
shall be required to file a statement under division (A)(4) of	5786
this section.	5787

Except as otherwise provided in this paragraph and in the	5788
next paragraph of this section, the only campaign committees	5789
required to file a statement under division (A)(4) of this section	5790
are the campaign committee of a statewide candidate and the	5791
campaign committee of a candidate for county office. The campaign	5792
committee of a candidate for any other nonjudicial office is	5793
required to file a statement under division (A)(4) of this section	5794
if that campaign committee receives, during that period,	5795
contributions exceeding ten thousand dollars.	5796

No statement under division (A)(4) of this section shall be	5797
required of a campaign committee, a political action committee, a	5798
legislative campaign fund, a political party, or a political	5799
contributing entity for any year in which the campaign committee,	5800
political action committee, legislative campaign fund, political	5801
party, or political contributing entity is required to file a	5802
postprimary election statement under division (A)(2) of this	5803
section. However, a statement under division (A)(4) of this	5804
section may be filed at the option of the campaign committee,	5805
political action committee, legislative campaign fund, political	5806
party, or political contributing entity.	5807

No statement under division (A)(3) or (4) of this section	5808
shall be required if the campaign committee, political action	5809
committee, legislative campaign fund, political party, or	5810
political contributing entity has no contributions that it has	5811
received and no expenditures that it has made since the last date	5812
reflected in its last previously filed statement. However, the	5813
campaign committee, political action committee, legislative	5814
campaign fund, political party, or political contributing entity	5815
shall file a statement to that effect, on a form prescribed under	5816
this section and made under penalty of election falsification, on	5817
the date required in division (A)(3) or (4) of this section, as	5818
applicable.	5819

The campaign committee of a statewide candidate shall file a	5820
monthly statement of contributions received during each of the	5821
months of July, August, and September in the year of the general	5822
election in which the candidate seeks office. The campaign	5823
committee of a statewide candidate shall file the monthly	5824
statement not later than three business days after the last day of	5825
the month covered by the statement. During the period beginning on	5826
the nineteenth day before the general election in which a	5827
statewide candidate seeks election to office and extending through	5828
the day of that general election, each time the campaign committee	5829
of the joint candidates for the offices of governor and lieutenant	5830
governor or of a candidate for the office of secretary of state,	5831
auditor of state, treasurer of state, or attorney general receives	5832
a contribution from a contributor that causes the aggregate amount	5833
of contributions received from that contributor during that period	5834
to equal or exceed ten thousand dollars and each time the campaign	5835
committee of a candidate for the office of chief justice or	5836
justice of the supreme court receives a contribution from a	5837
contributor that causes the aggregate amount of contributions	5838
received from that contributor during that period to exceed ten	5839
thousand dollars, the campaign committee shall file a	5840
two-business-day statement reflecting that contribution. During	5841
the period beginning on the nineteenth day before a primary	5842
election in which a candidate for statewide office seeks	5843
nomination to office and extending through the day of that primary	5844
election, each time either the campaign committee of a statewide	5845
candidate in that primary election that files a notice under	5846
division (C)(1) of section 3517.103 of the Revised Code or the	5847
campaign committee of a statewide candidate in that primary	5848
election to which, in accordance with division (D) of section	5849
3517.103 of the Revised Code, the contribution limitations	5850
prescribed in section 3517.102 of the Revised Code no longer apply	5851
receives a contribution from a contributor that causes the	5852
aggregate amount of contributions received from that contributor	5853
during that period to exceed ten thousand dollars, the campaign	5854
committee shall file a two-business-day statement reflecting that	5855
contribution. Contributions reported on a two-business-day	5856
statement required to be filed by a campaign committee of a	5857
statewide candidate in a primary election shall also be included	5858
in the postprimary election statement required to be filed by that	5859
campaign committee under division (A)(2) of this section. A	5860
two-business-day statement required by this paragraph shall be	5861
filed not later than two business days after receipt of the	5862
contribution. The statements required by this paragraph shall be	5863
filed in addition to any other statements required by this	5864
section.	5865

Subject to the secretary of state having implemented, tested,	5866
and verified the successful operation of any system the secretary	5867
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	5868
this section and division (H)(1) of section 3517.106 of the	5869
Revised Code for the filing of campaign finance statements by	5870
electronic means of transmission, a campaign committee of a	5871
statewide candidate shall file a two-business-day statement under	5872
the preceding paragraph by electronic means of transmission if the	5873
campaign committee is required to file a pre-election,	5874
postelection, or monthly statement of contributions and	5875
expenditures by electronic means of transmission under this	5876
section or section 3517.106 of the Revised Code.	5877

If a campaign committee or political action committee has no	5878
balance on hand and no outstanding obligations and desires to	5879
terminate itself, it shall file a statement to that effect, on a	5880
form prescribed under this section and made under penalty of	5881
election falsification, with the official with whom it files a	5882
statement under division (A) of this section after filing a final	5883
statement of contributions and a final statement of expenditures,	5884
if contributions have been received or expenditures made since the	5885
period reflected in its last previously filed statement.	5886

(B) Except as otherwise provided in division (C)(7) of this	5887
section, each statement required by division (A) of this section	5888
shall contain the following information:	5889

(1) The full name and address of each campaign committee,	5890
political action committee, legislative campaign fund, political	5891
party, or political contributing entity, including any treasurer	5892
of the committee, fund, party, or entity, filing a contribution	5893
and expenditure statement;	5894

(2)(a) In the case of a campaign committee, the candidate's	5895
full name and address;	5896

(b) In the case of a political action committee, the	5897
registration number assigned to the committee under division	5898
(D)(1) of this section.	5899

(3) The date of the election and whether it was or will be a	5900
general, primary, or special election;	5901

(4) A statement of contributions received, which shall	5902
include the following information:	5903

(a) The month, day, and year of the contribution;

5904

(b)(i) The full name and address of each person, political	5905
party, campaign committee, legislative campaign fund, political	5906
action committee, or political contributing entity from whom	5907
contributions are received and the registration number assigned to	5908
the political action committee under division (D)(1) of this	5909
section. The requirement of filing the full address does not apply	5910
to any statement filed by a state or local committee of a	5911
political party, to a finance committee of such committee, or to a	5912
committee recognized by a state or local committee as its	5913
fund-raising auxiliary. Notwithstanding division (F) of this	5914
section, the requirement of filing the full address shall be	5915
considered as being met if the address filed is the same address	5916
the contributor provided under division (E)(1) of this section.	5917

(ii) If a political action committee, political contributing	5918
entity, legislative campaign fund, or political party that is	5919
required to file campaign finance statements by electronic means	5920
of transmission under section 3517.106 of the Revised Code or a	5921
campaign committee of a statewide candidate or candidate for the	5922
office of member of the general assembly receives a contribution	5923
from an individual that exceeds one hundred dollars, the name of	5924
the individual's current employer, if any, or, if the individual	5925
is self-employed, the individual's occupation and the name of the	5926
individual's business, if any;	5927

(iii) If a campaign committee of a statewide candidate or	5928
candidate for the office of member of the general assembly	5929
receives a contribution transmitted pursuant to section 3599.031	5930
of the Revised Code from amounts deducted from the wages and	5931
salaries of two or more employees that exceeds in the aggregate	5932
one hundred dollars during any one filing period under division	5933
(A)(1), (2), (3), or (4) of this section, the full name of the	5934
employees' employer and the full name of the labor organization of	5935
which the employees are members, if any.	5936

(c) A description of the contribution received, if other than	5937
money;	5938

(d) The value in dollars and cents of the contribution;

5939

(e) A separately itemized account of all contributions and	5940
expenditures regardless of the amount, except a receipt of a	5941
contribution from a person in the sum of twenty-five dollars or	5942
less at one social or fund-raising activity and a receipt of a	5943
contribution transmitted pursuant to section 3599.031 of the	5944
Revised Code from amounts deducted from the wages and salaries of	5945
employees if the contribution from the amount deducted from the	5946
wages and salary of any one employee is twenty-five dollars or	5947
less aggregated in a calendar year. An account of the total	5948
contributions from each social or fund-raising activity shall	5949
include a description of and the value of each in-kind	5950
contribution received at that activity from any person who made	5951
one or more such contributions whose aggregate value exceeded two	5952
hundred fifty dollars and shall be listed separately, together	5953
with the expenses incurred and paid in connection with that	5954
activity. A campaign committee, political action committee,	5955
legislative campaign fund, political party, or political	5956
contributing entity shall keep records of contributions from each	5957
person in the amount of twenty-five dollars or less at one social	5958
or fund-raising activity and contributions from amounts deducted	5959
under section 3599.031 of the Revised Code from the wages and	5960
salary of each employee in the amount of twenty-five dollars or	5961
less aggregated in a calendar year. No continuing association that	5962
is recognized by a state or local committee of a political party	5963
as an auxiliary of the party and that makes a contribution from	5964
funds derived solely from regular dues paid by members of the	5965
auxiliary shall be required to list the name or address of any	5966
members who paid those dues.	5967

Contributions that are other income shall be itemized	5968
separately from all other contributions. The information required	5969
under division (B)(4) of this section shall be provided for all	5970
other income itemized. As used in this paragraph, "other income"	5971
means a loan, investment income, or interest income.	5972

(f) In the case of a campaign committee of a state elected	5973
officer, if a person doing business with the state elected officer	5974
in the officer's official capacity makes a contribution to the	5975
campaign committee of that officer, the information required under	5976
division (B)(4) of this section in regard to that contribution,	5977
which shall be filed together with and considered a part of the	5978
committee's statement of contributions as required under division	5979
(A) of this section but shall be filed on a separate form provided	5980
by the secretary of state. As used in this division:	5981

(i) "State elected officer" has the same meaning as in	5982
section 3517.092 of the Revised Code.	5983

(ii) "Person doing business" means a person or an officer of	5984
an entity who enters into one or more contracts with a state	5985
elected officer or anyone authorized to enter into contracts on	5986
behalf of that officer to receive payments for goods or services,	5987
if the payments total, in the aggregate, more than five thousand	5988
dollars during a calendar year.	5989

(5) A statement of expenditures which shall include the	5990
following information:	5991

(a) The month, day, and year of the expenditure;

5992

(b) The full name and address of each person, political	5993
party, campaign committee, legislative campaign fund, political	5994
action committee, or political contributing entity to whom the	5995
expenditure was made and the registration number assigned to the	5996
political action committee under division (D)(1) of this section;	5997

(c) The object or purpose for which the expenditure was made;

5998

(d) The amount of each expenditure.

5999

(C)(1) The statement of contributions and expenditures shall	6000
be signed by the person completing the form. If a statement of	6001
contributions and expenditures is filed by electronic means of	6002
transmission pursuant to this section or section 3517.106 of the	6003
Revised Code, the electronic signature of the person who executes	6004
the statement and transmits the statement by electronic means of	6005
transmission, as provided in division (H) of section 3517.106 of	6006
the Revised Code, shall be attached to or associated with the	6007
statement and shall be binding on all persons and for all purposes	6008
under the campaign finance reporting law as if the signature had	6009
been handwritten in ink on a printed form.	6010

(2) The person filing the statement, under penalty of	6011
election falsification, shall include with it a list of each	6012
anonymous contribution, the circumstances under which it was	6013
received, and the reason it cannot be attributed to a specific	6014
donor.	6015

(3) Each statement of a campaign committee of a candidate who	6016
holds public office shall contain a designation of each	6017
contributor who is an employee in any unit or department under the	6018
candidate's direct supervision and control. In a space provided in	6019
the statement, the person filing the statement shall affirm that	6020
each such contribution was voluntarily made.	6021

(4) A campaign committee that did not receive contributions	6022
or make expenditures in connection with the nomination or election	6023
of its candidate shall file a statement to that effect, on a form	6024
prescribed under this section and made under penalty of election	6025
falsification, on the date required in division (A)(2) of this	6026
section.	6027

(5) The campaign committee of any person who attempts to	6028
become a candidate and who, for any reason, does not become	6029
certified in accordance with Title XXXV of the Revised Code for	6030
placement on the official ballot of a primary, general, or special	6031
election to be held in this state, and who, at any time prior to	6032
or after an election, receives contributions or makes	6033
expenditures, or has given consent for another to receive	6034
contributions or make expenditures, for the purpose of bringing	6035
about the person's nomination or election to public office, shall	6036
file the statement or statements prescribed by this section and a	6037
termination statement, if applicable. Division (C)(5) of this	6038
section does not apply to any person with respect to an election	6039
to the offices of member of a county or state central committee,	6040
presidential elector, or delegate to a national convention or	6041
conference of a political party.	6042

(6)(a) The statements required to be filed under this section	6043
shall specify the balance in the hands of the campaign committee,	6044
political action committee, legislative campaign fund, political	6045
party, or political contributing entity and the disposition	6046
intended to be made of that balance.	6047

(b) The secretary of state shall prescribe the form for all	6048
statements required to be filed under this section and shall	6049
furnish the forms to the boards of elections in the several	6050
counties. The boards of elections shall supply printed copies of	6051
those forms without charge. The secretary of state shall prescribe	6052
the appropriate methodology, protocol, and data file structure for	6053
statements required or permitted to be filed by electronic means	6054
of transmission under division (A) of this section, divisions (E),	6055
(F), and (G) of section 3517.106, division (D) of section	6056
3517.1011, division (B) of section 3517.1012, division (C) of	6057
section 3517.1013, and divisions (D) and (I) of section 3517.1014	6058
of the Revised Code. Subject to division (A) of this section,	6059
divisions (E), (F), and (G) of section 3517.106, division (D) of	6060
section 3517.1011, division (B) of section 3517.1012, division (C)	6061
of section 3517.1013, and divisions (D) and (I) of section	6062
3517.1014 of the Revised Code, the statements required to be	6063
stored on computer by the secretary of state under division (B) of	6064
section 3517.106 of the Revised Code shall be filed in whatever	6065
format the secretary of state considers necessary to enable the	6066
secretary of state to store the information contained in the	6067
statements on computer. Any such format shall be of a type and	6068
nature that is readily available to whoever is required to file	6069
the statements in that format.	6070

(c) The secretary of state shall assess the need for training	6071
regarding the filing of campaign finance statements by electronic	6072
means of transmission and regarding associated technologies for	6073
candidates, campaign committees, political action committees,	6074
legislative campaign funds, political parties, or political	6075
contributing entities, for individuals, partnerships, or other	6076
entities, for persons making disbursements to pay the direct costs	6077
of producing or airing electioneering communications, or for	6078
treasurers of transition funds, required or permitted to file	6079
statements by electronic means of transmission under this section	6080
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	6081
3517.1014 of the Revised Code. If, in the opinion of the secretary	6082
of state, training in these areas is necessary, the secretary of	6083
state shall arrange for the provision of voluntary training	6084
programs for candidates, campaign committees, political action	6085
committees, legislative campaign funds, political parties, or	6086
political contributing entities, for individuals, partnerships,	6087
and other entities, for persons making disbursements to pay the	6088
direct costs of producing or airing electioneering communications,	6089
or for treasurers of transition funds, as appropriate.	6090

(7) Each monthly statement and each two-business-day	6091
statement required by division (A) of this section shall contain	6092
the information required by divisions (B)(1) to (4), (C)(2), and,	6093
if appropriate, (C)(3) of this section. Each statement shall be	6094
signed as required by division (C)(1) of this section.	6095

(D)(1) Prior to receiving a contribution or making an	6096
expenditure, every campaign committee, political action committee,	6097
legislative campaign fund, political party, or political	6098
contributing entity shall appoint a treasurer and shall file, on a	6099
form prescribed by the secretary of state, a designation of that	6100
appointment, including the full name and address of the treasurer	6101
and of the campaign committee, political action committee,	6102
legislative campaign fund, political party, or political	6103
contributing entity. That designation shall be filed with the	6104
official with whom the campaign committee, political action	6105
committee, legislative campaign fund, political party, or	6106
political contributing entity is required to file statements under	6107
section 3517.11 of the Revised Code. The name of a campaign	6108
committee shall include at least the last name of the campaign	6109
committee's candidate. If two or more candidates are the	6110
beneficiaries of a single campaign committee under division (B) of	6111
section 3517.081 of the Revised Code, the name of the campaign	6112
committee shall include at least the last name of each candidate	6113
who is a beneficiary of that campaign committee. The secretary of	6114
state shall assign a registration number to each political action	6115
committee that files a designation of the appointment of a	6116
treasurer under this division if the political action committee is	6117
required by division (A)(1) of section 3517.11 of the Revised Code	6118
to file the statements prescribed by this section with the	6119
secretary of state.	6120

(2) The treasurer appointed under division (D)(1) of this	6121
section shall keep a strict account of all contributions, from	6122
whom received and the purpose for which they were disbursed.	6123

(3)(a) Except as otherwise provided in section 3517.108 of	6124
the Revised Code, a campaign committee shall deposit all monetary	6125
contributions received by the committee into an account separate	6126
from a personal or business account of the candidate or campaign	6127
committee.	6128

(b) A political action committee shall deposit all monetary	6129
contributions received by the committee into an account separate	6130
from all other funds.	6131

(c) A state or county political party may establish a state	6132
candidate fund that is separate from an account that contains the	6133
public moneys received from the Ohio political party fund under	6134
section 3517.17 of the Revised Code and from all other funds. A	6135
state or county political party may deposit into its state	6136
candidate fund any amounts of monetary contributions that are made	6137
to or accepted by the political party subject to the applicable	6138
limitations, if any, prescribed in section 3517.102 of the Revised	6139
Code. A state or county political party shall deposit all other	6140
monetary contributions received by the party into one or more	6141
accounts that are separate from its state candidate fund and from	6142
its account that contains the public moneys received from the Ohio	6143
political party fund under section 3517.17 of the Revised Code.	6144

(d) Each state political party shall have only one	6145
legislative campaign fund for each house of the general assembly.	6146
Each such fund shall be separate from any other funds or accounts	6147
of that state party. A legislative campaign fund is authorized to	6148
receive contributions and make expenditures for the primary	6149
purpose of furthering the election of candidates who are members	6150
of that political party to the house of the general assembly with	6151
which that legislative campaign fund is associated. Each	6152
legislative campaign fund shall be administered and controlled in	6153
a manner designated by the caucus. As used in this division,	6154
"caucus" has the same meaning as in section 3517.01 of the Revised	6155
Code and includes, as an ex officio member, the chairperson of the	6156
state political party with which the caucus is associated or that	6157
chairperson's designee.	6158

(4) Every expenditure in excess of twenty-five dollars shall	6159
be vouched for by a receipted bill, stating the purpose of the	6160
expenditure, that shall be filed with the statement of	6161
expenditures. A canceled check with a notation of the purpose of	6162
the expenditure is a receipted bill for purposes of division	6163
(D)(4) of this section.	6164

(5) The secretary of state or the board of elections, as the	6165
case may be, shall issue a receipt for each statement filed under	6166
this section and shall preserve a copy of the receipt for a period	6167
of at least six years. All statements filed under this section	6168
shall be open to public inspection in the office where they are	6169
filed and shall be carefully preserved for a period of at least	6170
six years after the year in which they are filed.	6171

(6) The secretary of state, by rule adopted pursuant to	6172
section 3517.23 of the Revised Code, shall prescribe both of the	6173
following:	6174

(a) The manner of immediately acknowledging, with date and	6175
time received, and preserving the receipt of statements that are	6176
transmitted by electronic means of transmission to the secretary	6177
of state pursuant to this section or section 3517.106, 3517.1011,	6178
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	6179

(b) The manner of preserving the contribution and	6180
expenditure, contribution and disbursement, deposit and	6181
disbursement, gift and disbursement, or donation and disbursement	6182
information in the statements described in division (D)(6)(a) of	6183
this section. The secretary of state shall preserve the	6184
contribution and expenditure, contribution and disbursement,	6185
deposit and disbursement, gift and disbursement, or donation and	6186
disbursement information in those statements for at least ten	6187
years after the year in which they are filed by electronic means	6188
of transmission.	6189

(7) The secretary of state, pursuant to division (I) of	6190
section 3517.106 of the Revised Code, shall make available online	6191
to the public through the internet the contribution and	6192
expenditure, contribution and disbursement, deposit and	6193
disbursement, gift and disbursement, or donation and disbursement	6194
information in all statements, all addenda, amendments, or other	6195
corrections to statements, and all amended statements filed with	6196
the secretary of state by electronic or other means of	6197
transmission under this section, division (B)(2)(b) or (C)(2)(b)	6198
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	6199
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	6200
secretary of state may remove the information from the internet	6201
after a reasonable period of time.	6202

(E)(1) Any person, political party, campaign committee,	6203
legislative campaign fund, political action committee, or	6204
political contributing entity that makes a contribution in	6205
connection with the nomination or election of any candidate or in	6206
connection with any ballot issue or question at any election held	6207
or to be held in this state shall provide its full name and	6208
address to the recipient of the contribution at the time the	6209
contribution is made. The political action committee also shall	6210
provide the registration number assigned to the committee under	6211
division (D)(1) of this section to the recipient of the	6212
contribution at the time the contribution is made.	6213

(2) Any individual who makes a contribution that exceeds one	6214
hundred dollars to a political action committee, political	6215
contributing entity, legislative campaign fund, or political party	6216
or to a campaign committee of a statewide candidate or candidate	6217
for the office of member of the general assembly shall provide the	6218
name of the individual's current employer, if any, or, if the	6219
individual is self-employed, the individual's occupation and the	6220
name of the individual's business, if any, to the recipient of the	6221
contribution at the time the contribution is made. Sections	6222
3599.39 and 3599.40 of the Revised Code do not apply to division	6223
(E)(2) of this section.	6224

(3) If a campaign committee shows that it has exercised its	6225
best efforts to obtain, maintain, and submit the information	6226
required under divisions (B)(4)(b)(ii) and (iii) of this section,	6227
that committee is considered to have met the requirements of those	6228
divisions. A campaign committee shall not be considered to have	6229
exercised its best efforts unless, in connection with written	6230
solicitations, it regularly includes a written request for the	6231
information required under division (B)(4)(b)(ii) of this section	6232
from the contributor or the information required under division	6233
(B)(4)(b)(iii) of this section from whoever transmits the	6234
contribution.	6235

(4) Any check that a political action committee uses to make	6236
a contribution or an expenditure shall contain the full name and	6237
address of the committee and the registration number assigned to	6238
the committee under division (D)(1) of this section.	6239

(F) As used in this section:

6240

(1)(a) Except as otherwise provided in division (F)(1) of	6241
this section, "address" means all of the following if they exist:	6242
apartment number, street, road, or highway name and number, rural	6243
delivery route number, city or village, state, and zip code as	6244
used in a person's post-office address, but not post-office box.	6245

(b) Except as otherwise provided in division (F)(1) of this	6246
section, if an address is required in this section, a post-office	6247
box and office, room, or suite number may be included in addition	6248
to, but not in lieu of, an apartment, street, road, or highway	6249
name and number.	6250

(c) If an address is required in this section, a campaign	6251
committee, political action committee, legislative campaign fund,	6252
political party, or political contributing entity may use the	6253
business or residence address of its treasurer or deputy	6254
treasurer. The post-office box number of the campaign committee,	6255
political action committee, legislative campaign fund, political	6256
party, or political contributing entity may be used in addition to	6257
that address.	6258

(d) For the sole purpose of a campaign committee's reporting	6259
of contributions on a statement of contributions received under	6260
division (B)(4) of this section, "address" has one of the	6261
following meanings at the option of the campaign committee:	6262

(i) The same meaning as in division (F)(1)(a) of this	6263
section;	6264

(ii) All of the following, if they exist: the contributor's	6265
post-office box number and city or village, state, and zip code as	6266
used in the contributor's post-office address.	6267

(e) As used with regard to the reporting under this section	6268
of any expenditure, "address" means all of the following if they	6269
exist: apartment number, street, road, or highway name and number,	6270
rural delivery route number, city or village, state, and zip code	6271
as used in a person's post-office address, or post-office box. If	6272
an address concerning any expenditure is required in this section,	6273
a campaign committee, political action committee, legislative	6274
campaign fund, political party, or political contributing entity	6275
may use the business or residence address of its treasurer or	6276
deputy treasurer or its post-office box number.	6277

(2) "Statewide candidate" means the joint candidates for the	6278
offices of governor and lieutenant governor or a candidate for the	6279
office of secretary of state, auditor of state, treasurer of	6280
state, attorney general, member of the state board of education,	6281
chief justice of the supreme court, or justice of the supreme	6282
court.	6283

(3) "Candidate for county office" means a candidate for the	6284
office of county auditor, county treasurer, clerk of the court of	6285
common pleas, judge of the court of common pleas, sheriff, county	6286
recorder, county engineer, county commissioner, prosecuting	6287
attorney, or coroner.	6288

(G) An independent expenditure shall be reported whenever and	6289
in the same manner that an expenditure is required to be reported	6290
under this section and shall be reported pursuant to division	6291
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	6292

(H)(1) Except as otherwise provided in division (H)(2) of	6293
this section, if, during the combined pre-election and	6294
postelection reporting periods for an election, a campaign	6295
committee has received contributions of five hundred dollars or	6296
less and has made expenditures in the total amount of five hundred	6297
dollars or less, it may file a statement to that effect, under	6298
penalty of election falsification, in lieu of the statement	6299
required by division (A)(2) of this section. The statement shall	6300
indicate the total amount of contributions received and the total	6301
amount of expenditures made during those combined reporting	6302
periods.	6303

(2) In the case of a successful candidate at a primary	6304
election, if either the total contributions received by or the	6305
total expenditures made by the candidate's campaign committee	6306
during the preprimary, postprimary, pregeneral, and postgeneral	6307
election periods combined equal more than five hundred dollars,	6308
the campaign committee may file the statement under division	6309
(H)(1) of this section only for the primary election. The first	6310
statement that the campaign committee files in regard to the	6311
general election shall reflect all contributions received and all	6312
expenditures made during the preprimary and postprimary election	6313
periods.	6314

(3) Divisions (H)(1) and (2) of this section do not apply if	6315
a campaign committee receives contributions or makes expenditures	6316
prior to the first day of January of the year of the election at	6317
which the candidate seeks nomination or election to office or if	6318
the campaign committee does not file a termination statement with	6319
its postprimary election statement in the case of an unsuccessful	6320
primary election candidate or with its postgeneral election	6321
statement in the case of other candidates.	6322

(I) In the case of a contribution made by a partner of a	6323
partnership or an owner or a member of another unincorporated	6324
business from any funds of the partnership or other unincorporated	6325
business, all of the following apply:	6326

(1) The recipient of the contribution shall report the	6327
contribution by listing both the partnership or other	6328
unincorporated business and the name of the partner, owner, or	6329
member making the contribution.	6330

(2) In reporting the contribution, the recipient of the	6331
contribution shall be entitled to conclusively rely upon the	6332
information provided by the partnership or other unincorporated	6333
business, provided that the information includes one of the	6334
following:	6335

(a) The name of each partner, owner, or member as of the date	6336
of the contribution or contributions, and a statement that the	6337
total contributions are to be allocated equally among all of the	6338
partners, owners, or members; or	6339

(b) The name of each partner, owner, or member as of the date	6340
of the contribution or contributions who is participating in the	6341
contribution or contributions, and a statement that the	6342
contribution or contributions are to be allocated to those	6343
individuals in accordance with the information provided by the	6344
partnership or other unincorporated business to the recipient of	6345
the contribution.	6346

(3) For purposes of section 3517.102 of the Revised Code, the	6347
contribution shall be considered to have been made by the partner,	6348
owner, or member reported under division (I)(1) of this section.	6349

(4) No contribution from a partner of a partnership or an	6350
owner or a member of another unincorporated business shall be	6351
accepted from any funds of the partnership or other unincorporated	6352
business unless the recipient reports the contribution under	6353
division (I)(1) of this section together with the information	6354
provided under division (I)(2) of this section.	6355

(5) No partnership or other unincorporated business shall	6356
make a contribution or contributions solely in the name of the	6357
partnership or other unincorporated business.	6358

(6) As used in division (I) of this section, "partnership or	6359
other unincorporated business" includes, but is not limited to, a	6360
cooperative, a sole proprietorship, a general partnership, a	6361
limited partnership, a limited partnership association, a limited	6362
liability partnership, and a limited liability company.	6363

(J) A candidate shall have only one campaign committee at any	6364
given time for all of the offices for which the person is a	6365
candidate or holds office.	6366

(K)(1) In addition to filing a designation of appointment of	6367
a treasurer under division (D)(1) of this section, the campaign	6368
committee of any candidate for an elected municipal office that	6369
pays an annual amount of compensation of five thousand dollars or	6370
less, the campaign committee of any candidate for member of a	6371
board of education except member of the state board of education,	6372
or the campaign committee of any candidate for township trustee or	6373
township fiscal officer may sign, under penalty of election	6374
falsification, a certificate attesting that the committee will not	6375
accept contributions during an election period that exceed in the	6376
aggregate two thousand dollars from all contributors and one	6377
hundred dollars from any one individual, and that the campaign	6378
committee will not make expenditures during an election period	6379
that exceed in the aggregate two thousand dollars.	6380

The certificate shall be on a form prescribed by the	6381
secretary of state and shall be filed not later than ten days	6382
after the candidate files a declaration of candidacy and petition,	6383
a nominating petition, or a declaration of intent to be a write-in	6384
candidate.	6385

(2) Except as otherwise provided in division (K)(3) of this	6386
section, a campaign committee that files a certificate under	6387
division (K)(1) of this section is not required to file the	6388
statements required by division (A) of this section.	6389

(3) If, after filing a certificate under division (K)(1) of	6390
this section, a campaign committee exceeds any of the limitations	6391
described in that division during an election period, the	6392
certificate is void and thereafter the campaign committee shall	6393
file the statements required by division (A) of this section. If	6394
the campaign committee has not previously filed a statement, then	6395
on the first statement the campaign committee is required to file	6396
under division (A) of this section after the committee's	6397
certificate is void, the committee shall report all contributions	6398
received and expenditures made from the time the candidate filed	6399
the candidate's declaration of candidacy and petition, nominating	6400
petition, or declaration of intent to be a write-in candidate.	6401

(4) As used in division (K) of this section, "election	6402
period" means the period of time beginning on the day a person	6403
files a declaration of candidacy and petition, nominating	6404
petition, or declaration of intent to be a write-in candidate	6405
through the day of the election at which the person seeks	6406
nomination to office if the person is not elected to office, or,	6407
if the candidate was nominated in a primary election, the day of	6408
the election at which the candidate seeks office.	6409

(L) A political contributing entity that receives	6410
contributions from the dues, membership fees, or other assessments	6411
of its members or from its officers, shareholders, and employees	6412
may report the aggregate amount of contributions received from	6413
those contributors and the number of individuals making those	6414
contributions, for each filing period under divisions (A)(1), (2),	6415
(3), and (4) of this section, rather than reporting information as	6416
required under division (B)(4) of this section, including, when	6417
applicable, the name of the current employer, if any, of a	6418
contributor whose contribution exceeds one hundred dollars or, if	6419
such a contributor is self-employed, the contributor's occupation	6420
and the name of the contributor's business, if any. Division	6421
(B)(4) of this section applies to a political contributing entity	6422
with regard to contributions it receives from all other	6423
contributors.	6424

Sec. 3517.102.  (A) Except as otherwise provided in section	6425
3517.103 of the Revised Code, as used in this section and sections	6426
3517.103 and 3517.104 of the Revised Code:	6427

(1) "Candidate" has the same meaning as in section 3517.01 of	6428
the Revised Code but includes only candidates for the offices of	6429
governor, lieutenant governor, secretary of state, auditor of	6430
state, treasurer of state, attorney general, member of the state	6431
board of education, member of the general assembly, chief justice	6432
of the supreme court, and justice of the supreme court.	6433

(2) "Statewide candidate" or "any one statewide candidate"	6434
means the joint candidates for the offices of governor and	6435
lieutenant governor or a candidate for the office of secretary of	6436
state, auditor of state, treasurer of state, attorney general,	6437
member of the state board of education, chief justice of the	6438
supreme court, or justice of the supreme court.	6439

(3) "Senate candidate" means a candidate for the office of	6440
state senator.	6441

(4) "House candidate" means a candidate for the office of	6442
state representative.	6443

(5)(a) "Primary election period" for a candidate begins on	6444
the beginning date of the candidate's pre-filing period specified	6445
in division (A)(9) of section 3517.109 of the Revised Code and	6446
ends on the day of the primary election.	6447

(b) In regard to any candidate, the "general election period"	6448
begins on the day after the primary election immediately preceding	6449
the general election at which the candidate seeks an office	6450
specified in division (A)(1) of this section and ends on the	6451
thirty-first day of December following that general election.	6452

(6) "State candidate fund" means the state candidate fund	6453
established by a state or county political party under division	6454
(D)(3)(c) of section 3517.10 of the Revised Code.	6455

(7) "Postgeneral election statement" means the statement	6456
filed under division (A)(2) of section 3517.10 of the Revised Code	6457
by the campaign committee of a candidate after the general	6458
election in which the candidate ran for office or filed by	6459
legislative campaign fund after the general election in an	6460
even-numbered year.	6461

(8) "Contribution" means any contribution that is required to	6462
be reported in the statement of contributions under section	6463
3517.10 of the Revised Code.	6464

(9)(a) Except as otherwise provided in division (A)(9)(b) of	6465
this section and in division (F) of section 3517.103 and division	6466
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated	6467
state campaign committee" means:	6468

(i) In the case of contributions to or from a state political	6469
party, a campaign committee of a statewide candidate, statewide	6470
officeholder, senate candidate, house candidate, or member of the	6471
general assembly.	6472

(ii) In the case of contributions to or from a county	6473
political party, a campaign committee of a senate candidate or	6474
house candidate whose candidacy is to be submitted to some or all	6475
of the electors in that county, or member of the general assembly	6476
whose district contains all or part of that county.	6477

(iii) In the case of contributions to or from a legislative	6478
campaign fund, a campaign committee of any of the following:	6479

(I) A senate or house candidate who, if elected, will be a	6480
member of the same party that established the legislative campaign	6481
fund and the same house with which the legislative campaign fund	6482
is associated;	6483

(II) A state senator or state representative who is a member	6484
of the same party that established the legislative campaign fund	6485
and the same house with which the legislative campaign fund is	6486
associated.	6487

(b) A campaign committee is no longer a "designated state	6488
campaign committee" after the campaign committee's candidate	6489
changes the designation of treasurer required to be filed under	6490
division (D)(1) of section 3517.10 of the Revised Code to indicate	6491
that the person intends to be a candidate for, or becomes a	6492
candidate for nomination or election to, any office that, if	6493
elected, would not qualify that candidate's campaign committee as	6494
a "designated state campaign committee" under division (A)(9)(a)	6495
of this section.	6496

(B)(1)(a) No individual who is seven years of age or older	6497
shall make a contribution or contributions aggregating more than:	6498

(i) Ten thousand dollars to the campaign committee of any one	6499
statewide candidate in a primary election period or in a general	6500
election period;	6501

(ii) Ten thousand dollars to the campaign committee of any	6502
one senate candidate in a primary election period or in a general	6503
election period;	6504

(iii) Ten thousand dollars to the campaign committee of any	6505
one house candidate in a primary election period or in a general	6506
election period;	6507

(iv) Ten thousand dollars to a county political party of the	6508
county in which the individual's designated Ohio residence is	6509
located for the party's state candidate fund in a calendar year;	6510

(v) Fifteen thousand dollars to any one legislative campaign	6511
fund in a calendar year;	6512

(vi) Thirty thousand dollars to any one state political party	6513
for the party's state candidate fund in a calendar year;	6514

(vii) Ten thousand dollars to any one political action	6515
committee in a calendar year;	6516

(viii) Ten thousand dollars to any one political contributing	6517
entity in a calendar year.	6518

(b) No individual shall make a contribution or contributions	6519
to the state candidate fund of a county political party of any	6520
county other than the county in which the individual's designated	6521
Ohio residence is located.	6522

(c) No individual who is under seven years of age shall make	6523
any contribution.	6524

(2)(a) Subject to division (D)(1) of this section, no	6525
political action committee shall make a contribution or	6526
contributions aggregating more than:	6527

(i) Ten thousand dollars to the campaign committee of any one	6528
statewide candidate in a primary election period or in a general	6529
election period;	6530

(ii) Ten thousand dollars to the campaign committee of any	6531
one senate candidate in a primary election period or in a general	6532
election period;	6533

(iii) Ten thousand dollars to the campaign committee of any	6534
one house candidate in a primary election period or in a general	6535
election period;	6536

(iv) Fifteen thousand dollars to any one legislative campaign	6537
fund in a calendar year;	6538

(v) Thirty thousand dollars to any one state political party	6539
for the party's state candidate fund in a calendar year;	6540

(vi) Ten thousand dollars to another political action	6541
committee or to a political contributing entity in a calendar	6542
year. This division does not apply to a political action committee	6543
that makes a contribution to a political action committee or a	6544
political contributing entity affiliated with it. For purposes of	6545
this division, a political action committee is affiliated with	6546
another political action committee or with a political	6547
contributing entity if they are both established, financed,	6548
maintained, or controlled by, or if they are, the same	6549
corporation, organization, labor organization, continuing	6550
association, or other person, including any parent, subsidiary,	6551
division, or department of that corporation, organization, labor	6552
organization, continuing association, or other person.	6553

(b) No political action committee shall make a contribution	6554
or contributions to a county political party for the party's state	6555
candidate fund.	6556

(3) No campaign committee shall make a contribution or	6557
contributions aggregating more than:	6558

(a) Ten thousand dollars to the campaign committee of any one	6559
statewide candidate in a primary election period or in a general	6560
election period;	6561

(b) Ten thousand dollars to the campaign committee of any one	6562
senate candidate in a primary election period or in a general	6563
election period;	6564

(c) Ten thousand dollars to the campaign committee of any one	6565
house candidate in a primary election period or in a general	6566
election period;	6567

(d) Ten thousand dollars to any one political action	6568
committee in a calendar year;	6569

(e) Ten thousand dollars to any one political contributing	6570
entity in a calendar year.	6571

(4)(a) Subject to division (D)(3) of this section, no	6572
political party shall make a contribution or contributions	6573
aggregating more than ten thousand dollars to any one political	6574
action committee or to any one political contributing entity in a	6575
calendar year.	6576

(b) No county political party shall make a contribution or	6577
contributions to another county political party.	6578

(5)(a) Subject to division (B)(5)(b) of this section, no	6579
campaign committee, other than a designated state campaign	6580
committee, shall make a contribution or contributions aggregating	6581
in a calendar year more than:	6582

(i) Thirty thousand dollars to any one state political party	6583
for the party's state candidate fund;	6584

(ii) Fifteen thousand dollars to any one legislative campaign	6585
fund;	6586

(iii) Ten thousand dollars to any one county political party	6587
for the party's state candidate fund.	6588

(b) No campaign committee shall make a contribution or	6589
contributions to a county political party for the party's state	6590
candidate fund unless one of the following applies:	6591

(i) The campaign committee's candidate will appear on a	6592
ballot in that county.	6593

(ii) The campaign committee's candidate is the holder of an	6594
elected public office that represents all or part of the	6595
population of that county at the time the contribution is made.	6596

(6)(a) No state candidate fund of a county political party	6597
shall make a contribution or contributions, except a contribution	6598
or contributions to a designated state campaign committee, in a	6599
primary election period or a general election period, aggregating	6600
more than:	6601

(i) Two hundred fifty thousand dollars to the campaign	6602
committee of any one statewide candidate;	6603

(ii) Ten thousand dollars to the campaign committee of any	6604
one senate candidate;	6605

(iii) Ten thousand dollars to the campaign committee of any	6606
one house candidate.	6607

(b)(i) No state candidate fund of a state or county political	6608
party shall make a transfer or a contribution or transfers or	6609
contributions of cash or cash equivalents to a designated state	6610
campaign committee in a primary election period or in a general	6611
election period aggregating more than:	6612

(I) Five hundred thousand dollars to the campaign committee	6613
of any one statewide candidate;	6614

(II) One hundred thousand dollars to the campaign committee	6615
of any one senate candidate;	6616

(III) Fifty thousand dollars to the campaign committee of any	6617
one house candidate.	6618

(ii) No legislative campaign fund shall make a transfer or a	6619
contribution or transfers or contributions of cash or cash	6620
equivalents to a designated state campaign committee aggregating	6621
more than:	6622

(I) Fifty thousand dollars in a primary election period or	6623
one hundred thousand dollars in a general election period to the	6624
campaign committee of any one senate candidate;	6625

(II) Twenty-five thousand dollars in a primary election	6626
period or fifty thousand dollars in a general election period to	6627
the campaign committee of any one house candidate.	6628

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	6629
section, "transfer or contribution of cash or cash equivalents"	6630
does not include any in-kind contributions.	6631

(c) A county political party that has no state candidate fund	6632
and that is located in a county having a population of less than	6633
one hundred fifty thousand may make one or more contributions from	6634
other accounts to any one statewide candidate or to any one	6635
designated state campaign committee that do not exceed, in the	6636
aggregate, two thousand five hundred dollars in any primary	6637
election period or general election period. As used in this	6638
division, "other accounts" does not include an account that	6639
contains the public moneys received from the Ohio political party	6640
fund under section 3517.17 of the Revised Code.	6641

(d) No legislative campaign fund shall make a contribution,	6642
other than to a designated state campaign committee or to the	6643
state candidate fund of a political party.	6644

(7)(a) Subject to division (D)(1) of this section, no	6645
political contributing entity shall make a contribution or	6646
contributions aggregating more than:	6647

(i) Ten thousand dollars to the campaign committee of any one	6648
statewide candidate in a primary election period or in a general	6649
election period;	6650

(ii) Ten thousand dollars to the campaign committee of any	6651
one senate candidate in a primary election period or in a general	6652
election period;	6653

(iii) Ten thousand dollars to the campaign committee of any	6654
one house candidate in a primary election period or in a general	6655
election period;	6656

(iv) Fifteen thousand dollars to any one legislative campaign	6657
fund in a calendar year;	6658

(v) Thirty thousand dollars to any one state political party	6659
for the party's state candidate fund in a calendar year;	6660

(vi) Ten thousand dollars to another political contributing	6661
entity or to a political action committee in a calendar year. This	6662
division does not apply to a political contributing entity that	6663
makes a contribution to a political contributing entity or a	6664
political action committee affiliated with it. For purposes of	6665
this division, a political contributing entity is affiliated with	6666
another political contributing entity or with a political action	6667
committee if they are both established, financed, maintained, or	6668
controlled by, or if they are, the same corporation, organization,	6669
labor organization, continuing association, or other person,	6670
including any parent, subsidiary, division, or department of that	6671
corporation, organization, labor organization, continuing	6672
association, or other person.	6673

(b) No political contributing entity shall make a	6674
contribution or contributions to a county political party for the	6675
party's state candidate fund.	6676

(C)(1)(a) Subject to division (D)(1) of this section, no	6677
campaign committee of a statewide candidate shall do any of the	6678
following:	6679

(i) Knowingly accept a contribution or contributions from any	6680
individual who is under seven years of age;	6681

(ii) Accept a contribution or contributions aggregating more	6682
than ten thousand dollars from any one individual who is seven	6683
years of age or older, from any one political action committee,	6684
from any one political contributing entity, or from any one other	6685
campaign committee in a primary election period or in a general	6686
election period;	6687

(iii) Accept a contribution or contributions aggregating more	6688
than two hundred fifty thousand dollars from any one or	6689
combination of state candidate funds of county political parties	6690
in a primary election period or in a general election period.	6691

(b) No campaign committee of a statewide candidate shall	6692
accept a contribution or contributions aggregating more than two	6693
thousand five hundred dollars in a primary election period or in a	6694
general election period from a county political party that has no	6695
state candidate fund and that is located in a county having a	6696
population of less than one hundred fifty thousand.	6697

(2)(a) Subject to division (D)(1) of this section and except	6698
for a designated state campaign committee, no campaign committee	6699
of a senate candidate shall do either of the following:	6700

(i) Knowingly accept a contribution or contributions from any	6701
individual who is under seven years of age;	6702

(ii) Accept a contribution or contributions aggregating more	6703
than ten thousand dollars from any one individual who is seven	6704
years of age or older, from any one political action committee,	6705
from any one political contributing entity, from any one state	6706
candidate fund of a county political party, or from any one other	6707
campaign committee in a primary election period or in a general	6708
election period.	6709

(b) No campaign committee of a senate candidate shall accept	6710
a contribution or contributions aggregating more than two thousand	6711
five hundred dollars in a primary election period or in a general	6712
election period from a county political party that has no state	6713
candidate fund and that is located in a county having a population	6714
of less than one hundred fifty thousand.	6715

(3)(a) Subject to division (D)(1) of this section and except	6716
for a designated state campaign committee, no campaign committee	6717
of a house candidate shall do either of the following:	6718

(i) Knowingly accept a contribution or contributions from any	6719
individual who is under seven years of age;	6720

(ii) Accept a contribution or contributions aggregating more	6721
than ten thousand dollars from any one individual who is seven	6722
years of age or older, from any one political action committee,	6723
from any one political contributing entity, from any one state	6724
candidate fund of a county political party, or from any one other	6725
campaign committee in a primary election period or in a general	6726
election period.	6727

(b) No campaign committee of a house candidate shall accept a	6728
contribution or contributions aggregating more than two thousand	6729
five hundred dollars in a primary election period or in a general	6730
election period from a county political party that has no state	6731
candidate fund and that is located in a county having a population	6732
of less than one hundred fifty thousand.	6733

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	6734
and except for a designated state campaign committee, no county	6735
political party shall knowingly accept a contribution or	6736
contributions from any individual who is under seven years of age,	6737
or accept a contribution or contributions for the party's state	6738
candidate fund aggregating more than ten thousand dollars from any	6739
one individual whose designated Ohio residence is located within	6740
that county and who is seven years of age or older or from any one	6741
campaign committee in a calendar year.	6742

(ii) Subject to division (D)(1) of this section, no county	6743
political party shall accept a contribution or contributions for	6744
the party's state candidate fund from any individual whose	6745
designated Ohio residence is located outside of that county and	6746
who is seven years of age or older, from any campaign committee	6747
unless the campaign committee's candidate will appear on a ballot	6748
in that county or unless the campaign committee's candidate is the	6749
holder of an elected public office that represents all or part of	6750
the population of that county at the time the contribution is	6751
accepted, or from any political action committee or any political	6752
contributing entity.	6753

(iii) No county political party shall accept a contribution	6754
or contributions from any other county political party.	6755

(b) Subject to division (D)(1) of this section, no state	6756
political party shall do either of the following:	6757

(i) Knowingly accept a contribution or contributions from any	6758
individual who is under seven years of age;	6759

(ii) Accept a contribution or contributions for the party's	6760
state candidate fund aggregating more than thirty thousand dollars	6761
from any one individual who is seven years of age or older, from	6762
any one political action committee, from any one political	6763
contributing entity, or from any one campaign committee, other	6764
than a designated state campaign committee, in a calendar year.	6765

(5) Subject to division (D)(1) of this section, no	6766
legislative campaign fund shall do either of the following:	6767

(a) Knowingly accept a contribution or contributions from any	6768
individual who is under seven years of age;	6769

(b) Accept a contribution or contributions aggregating more	6770
than fifteen thousand dollars from any one individual who is seven	6771
years of age or older, from any one political action committee,	6772
from any one political contributing entity, or from any one	6773
campaign committee, other than a designated state campaign	6774
committee, in a calendar year.	6775

(6)(a) No designated state campaign committee shall accept a	6776
transfer or contribution of cash or cash equivalents from a state	6777
candidate fund of a state political party aggregating in a primary	6778
election period or a general election period more than:	6779

(i) Five hundred thousand dollars, in the case of a campaign	6780
committee of a statewide candidate;	6781

(ii) One hundred thousand dollars, in the case of a campaign	6782
committee of a senate candidate;	6783

(iii) Fifty thousand dollars, in the case of a campaign	6784
committee of a house candidate.	6785

(b) No designated state campaign committee shall accept a	6786
transfer or contribution of cash or cash equivalents from a	6787
legislative campaign fund aggregating more than:	6788

(i) Fifty thousand dollars in a primary election period or	6789
one hundred thousand dollars in a general election period, in the	6790
case of a campaign committee of a senate candidate;	6791

(ii) Twenty-five thousand dollars in a primary election	6792
period or fifty thousand dollars in a general election period, in	6793
the case of a campaign committee of a house candidate.	6794

(c) No campaign committee of a candidate for the office of	6795
member of the general assembly, including a designated state	6796
campaign committee, shall accept a transfer or contribution of	6797
cash or cash equivalents from any one or combination of state	6798
candidate funds of county political parties aggregating in a	6799
primary election period or a general election period more than:	6800

(i) One hundred thousand dollars, in the case of a campaign	6801
committee of a senate candidate;	6802

(ii) Fifty thousand dollars, in the case of a campaign	6803
committee of a house candidate.	6804

(7)(a) Subject to division (D)(3) of this section, no	6805
political action committee and no political contributing entity	6806
shall do either of the following:	6807

(i) Knowingly accept a contribution or contributions from any	6808
individual who is under seven years of age;	6809

(ii) Accept a contribution or contributions aggregating more	6810
than ten thousand dollars from any one individual who is seven	6811
years of age or older, from any one campaign committee, or from	6812
any one political party in a calendar year.	6813

(b) Subject to division (D)(1) of this section, no political	6814
action committee shall accept a contribution or contributions	6815
aggregating more than ten thousand dollars from another political	6816
action committee or from a political contributing entity in a	6817
calendar year. Subject to division (D)(1) of this section, no	6818
political contributing entity shall accept a contribution or	6819
contributions aggregating more than ten thousand dollars from	6820
another political contributing entity or from a political action	6821
committee in a calendar year. This division does not apply to a	6822
political action committee or political contributing entity that	6823
accepts a contribution from a political action committee or	6824
political contributing entity affiliated with it. For purposes of	6825
this division, a political action committee is affiliated with	6826
another political action committee or with a political	6827
contributing entity if they are both established, financed,	6828
maintained, or controlled by the same corporation, organization,	6829
labor organization, continuing association, or other person,	6830
including any parent, subsidiary, division, or department of that	6831
corporation, organization, labor organization, continuing	6832
association, or other person.	6833

(D)(1)(a) For purposes of the limitations prescribed in	6834
division (B)(2) of this section and the limitations prescribed in	6835
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	6836
whichever is applicable, all contributions made by and all	6837
contributions accepted from political action committees that are	6838
established, financed, maintained, or controlled by, or that are,	6839
the same corporation, organization, labor organization, continuing	6840
association, or other person, including any parent, subsidiary,	6841
division, or department of that corporation, organization, labor	6842
organization, continuing association, or other person, are	6843
considered to have been made by or accepted from a single	6844
political action committee.	6845

(b) For purposes of the limitations prescribed in division	6846
(B)(7) of this section and the limitations prescribed in divisions	6847
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	6848
is applicable, all contributions made by and all contributions	6849
accepted from political contributing entities that are	6850
established, financed, maintained, or controlled by, or that are,	6851
the same corporation, organization, labor organization, continuing	6852
association, or other person, including any parent, subsidiary,	6853
division, or department of that corporation, organization, labor	6854
organization, continuing association, or other person, are	6855
considered to have been made by or accepted from a single	6856
political contributing entity.	6857

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	6858
(B)(4)(a), and (C)(7) of this section, "political action	6859
committee" does not include a political action committee that is	6860
organized to support or oppose a ballot issue or question and that	6861
makes no contributions to or expenditures on behalf of a political	6862
party, campaign committee, legislative campaign fund, political	6863
action committee, or political contributing entity. As used in	6864
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	6865
this section, "political contributing entity" does not include a	6866
political contributing entity that is organized to support or	6867
oppose a ballot issue or question and that makes no contributions	6868
to or expenditures on behalf of a political party, campaign	6869
committee, legislative campaign fund, political action committee,	6870
or political contributing entity.	6871

(3) For purposes of the limitations prescribed in divisions	6872
(B)(4) and (C)(7)(a) of this section, all contributions made by	6873
and all contributions accepted from a national political party, a	6874
state political party, and a county political party are considered	6875
to have been made by or accepted from a single political party and	6876
shall be combined with each other to determine whether the	6877
limitations have been exceeded.	6878

(E)(1) If a legislative campaign fund has kept a total amount	6879
of contributions exceeding one hundred fifty thousand dollars at	6880
the close of business on the seventh day before the postgeneral	6881
election statement is required to be filed under section 3517.10	6882
of the Revised Code, the legislative campaign fund shall comply	6883
with division (E)(2) of this section.	6884

(2)(a) Any legislative campaign fund that has kept a total	6885
amount of contributions in excess of the amount specified in	6886
division (E)(1) of this section at the close of business on the	6887
seventh day before the postgeneral election statement is required	6888
to be filed under section 3517.10 of the Revised Code shall	6889
dispose of the excess amount in the manner prescribed in division	6890
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	6891
days after the day the postgeneral election statement is required	6892
to be filed under section 3517.10 of the Revised Code. Any	6893
legislative campaign fund that is required to dispose of an excess	6894
amount of contributions under this division shall file a statement	6895
on the ninetieth day after the postgeneral election statement is	6896
required to be filed under section 3517.10 of the Revised Code	6897
indicating the total amount of contributions the fund has at the	6898
close of business on the seventh day before the postgeneral	6899
election statement is required to be filed under section 3517.10	6900
of the Revised Code and that the excess contributions were	6901
disposed of pursuant to this division and division (E)(2)(b) of	6902
this section. The statement shall be on a form prescribed by the	6903
secretary of state and shall contain any additional information	6904
the secretary of state considers necessary.	6905

(b) Any legislative campaign fund that is required to dispose	6906
of an excess amount of contributions under division (E)(2) of this	6907
section shall dispose of that excess amount by doing any of the	6908
following:	6909

(i) Giving the amount to the treasurer of state for deposit	6910
into the state treasury to the credit of the Ohio elections	6911
commission fund created by division (I) of section 3517.152 of the	6912
Revised Code;	6913

(ii) Giving the amount to individuals who made contributions	6914
to that legislative campaign fund as a refund of all or part of	6915
their contributions;	6916

(iii) Giving the amount to a corporation that is exempt from	6917
federal income taxation under subsection 501(a) and described in	6918
subsection 501(c) of the Internal Revenue Code.	6919

(F)(1) No legislative campaign fund shall fail to file a	6920
statement required by division (E) of this section.	6921

(2) No legislative campaign fund shall fail to dispose of	6922
excess contributions as required by division (E) of this section.	6923

(G) Nothing in this section shall affect, be used in	6924
determining, or supersede a limitation on campaign contributions	6925
as provided for in the Federal Election Campaign Act.	6926

Sec. 3517.103.  (A)(1) For purposes of this section:

6927

(a)(1) "Statewide candidate" means the joint candidates for	6928
the offices of governor and lieutenant governor or a candidate for	6929
the office of secretary of state, auditor of state, treasurer of	6930
state, attorney general, or member of the state board of	6931
education.	6932

(b)(i)(2)(a) "Personal funds" means contributions to the	6933
campaign committee of a candidate by the candidate or by the	6934
candidate's spouse, parents, children, sons-in-law,	6935
daughters-in-law, brothers, sisters, grandparents, mother-in-law,	6936
father-in-law, brothers-in-law, sisters-in-law, or grandparents by	6937
marriage.	6938

(ii)(b) A loan obtained by, guaranteed by, or for the benefit	6939
of a statewide candidate, senate candidate, or house candidate	6940
shall be considered "personal funds" subject to the provisions of	6941
this section and section 3517.1010 of the Revised Code to the	6942
extent that the loan is obtained or guaranteed by the candidate or	6943
is for the benefit of the candidate and is obtained or guaranteed	6944
by the candidate's spouse, parents, children, sons-in-law,	6945
daughters-in-law, brothers, sisters, grandparents, mother-in-law,	6946
father-in-law, brothers-in-law, sisters-in-law, or grandparents by	6947
marriage. A loan that is obtained or guaranteed and that is for	6948
the benefit of a statewide candidate, senate candidate, or house	6949
candidate shall not be considered "personal funds" for the	6950
purposes of this section and section 3517.1010 of the Revised Code	6951
but shall be considered to be a "contribution" for the purposes of	6952
this chapter if the loan is obtained or guaranteed by anyone other	6953
than the candidate or the candidate's spouse, parents, children,	6954
sons-in-law, daughters-in-law, brothers, sisters, grandparents,	6955
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or	6956
grandparents by marriage.	6957

(iii)(c) When a debt or other obligation incurred by a	6958
committee or by a candidate on behalf of the candidate's committee	6959
described in division (C)(1) or (2) of this section is to be paid	6960
from "personal funds," those funds are considered to be expended	6961
when the debt or other obligation is incurred, regardless of when	6962
it is paid.	6963

(2) For purposes of this chapter, a candidate is an	6964
"opponent" when the candidate has indicated on the candidate's	6965
most recently filed designation of treasurer that the candidate	6966
seeks the same office at the same primary or general election as	6967
another candidate whose campaign committee has filed a personal	6968
funds notice required by division (C)(1) or (2) of this section.	6969

(B)(1) Except as otherwise provided in division (B)(2) of	6970
this section, no statewide candidate or candidate for the office	6971
of member of the general assembly shall make an expenditure of	6972
personal funds to influence the results of an election for that	6973
candidate's nomination or election to office unless the personal	6974
funds are first deposited into the campaign fund of that	6975
candidate's campaign committee.	6976

(2) A statewide candidate or candidate for the office of	6977
member of the general assembly may make an expenditure of personal	6978
funds without first depositing those funds into the campaign	6979
committee's funds as long as the aggregate total of those	6980
expenditures does not exceed five hundred dollars at any time	6981
during an election period. After the candidate's campaign	6982
committee reimburses the candidate for any direct expenditure of	6983
personal funds, the amount that was reimbursed is no longer	6984
included in the aggregate total of expenditures of personal funds	6985
subject to the five-hundred-dollar limit.	6986

(C)(1) If the campaign committee of any statewide candidate	6987
has received or expended or expects to expend more than one	6988
hundred thousand dollars of personal funds during a primary	6989
election period or one hundred fifty thousand dollars of personal	6990
funds during a general election period, the campaign committee	6991
shall file a personal funds notice in the manner provided in	6992
division (C)(3) of this section indicating that the committee has	6993
received or expended or expects to expend more than that amount.	6994
For the purpose of this division, a joint team of candidates for	6995
governor and lieutenant governor shall be considered a single	6996
candidate and their personal funds shall be combined.	6997

(2) If the campaign committee of any senate candidate or	6998
house candidate has received or expended or expects to expend more	6999
than twenty-five thousand dollars of personal funds during a	7000
primary election period or twenty-five thousand dollars of	7001
personal funds during a general election period, the campaign	7002
committee shall file a personal funds notice in the manner	7003
provided in division (C)(3) of this section indicating that the	7004
committee has received or expended or expects to expend more than	7005
that amount.	7006

(3) The personal funds notice required in divisions (C)(1)	7007
and (2) of this section and the declaration of no limits required	7008
under division (D)(2) of this section shall be on a form	7009
prescribed by the secretary of state. The personal funds notice	7010
required in divisions (C)(1) and (2) of this section shall be	7011
filed not later than the earlier of the following times:	7012

(a) One hundred twenty days before a primary election, in the	7013
case of personal funds received, expended, or expected to be	7014
expended during a primary election period, or not later than one	7015
hundred twenty days before a general election, in the case of	7016
personal funds received, expended, or expected to be expended	7017
during a general election period;	7018

(b) Two business days after the candidate's campaign	7019
committee receives or makes an expenditure of personal funds or	7020
the candidate makes an expenditure of personal funds on behalf of	7021
the candidate's campaign committee during that election period	7022
that exceed, in the aggregate, the amount specified in division	7023
(C)(1) or (2) of this section.	7024

The personal funds notice required under divisions (C)(1) and	7025
(2) of this section and the declaration of no limits required	7026
under division (D)(2) of this section shall be filed wherever the	7027
campaign committee files statements of contributions and	7028
expenditures under section 3517.11 of the Revised Code. The board	7029
of elections shall send to the secretary of state a copy of any	7030
personal funds notice or declaration of no limits filed by the	7031
campaign committee of a senate candidate or house candidate under	7032
division (C)(3) or (D)(2) of this section.	7033

(D)(1) Whenever a campaign committee files a notice under	7034
division (C)(1) or (2) of this section, and the campaign committee	7035
of an opponent files a declaration of no limits pursuant to	7036
division (D)(2) of this section within thirty days of the filing	7037
of the personal funds notice under division (C)(1) or (2) of this	7038
section, the contribution limitations prescribed in section	7039
3517.102 of the Revised Code no longer apply to the campaign	7040
committee of the candidate's opponent.	7041

(2) No campaign committee of a candidate described in	7042
division (D)(1) of this section shall accept any contribution or	7043
contributions from a contributor that exceed the limitations	7044
prescribed in section 3517.102 of the Revised Code until the	7045
committee files a declaration that the committee will accept	7046
contributions that exceed those limitations. This declaration	7047
shall be filed not later than thirty days after a candidate's	7048
opponent has filed a personal funds notice pursuant to division	7049
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be	7050
referred to as the "declaration of no limits," and shall list all	7051
of the following:	7052

(a) The amount of cash on hand in the candidate's campaign	7053
fund at the end of the day immediately preceding the day on which	7054
the candidate's campaign committee files the declaration of no	7055
limits;	7056

(b) The value and description of all campaign assets worth	7057
five hundred dollars or more available to the candidate at the end	7058
of the day immediately preceding the day on which the candidate's	7059
campaign committee files the declaration of no limits.	7060

(3) A candidate who was not an opponent of a candidate who	7061
filed the personal funds notice required under division (C)(3) of	7062
this section on the date the personal funds notice was filed may	7063
file the declaration of no limits pursuant to division (D)(2) of	7064
this section within thirty days after becoming an opponent of the	7065
candidate who filed the personal funds notice.	7066

(4) If the candidate whose campaign committee filed a	7067
personal funds notice under division (C)(1) or (2) of this section	7068
fails to file a declaration of candidacy for the office listed on	7069
the designation of treasurer filed under division (D) of section	7070
3517.10 of the Revised Code or files a declaration of candidacy or	7071
nominating petition for that office and dies or withdraws, both of	7072
the following apply to the campaign committee of that candidate's	7073
opponent if the opponent has filed a declaration of no limits	7074
pursuant to division (D) of this section:	7075

(a) No contribution from a contributor may thereafter be	7076
accepted that, when added to the aggregate total of all	7077
contributions received by that committee from that contributor	7078
during the primary election period or general election period,	7079
whichever is applicable, would cause that committee to exceed the	7080
contribution limitations prescribed in section 3517.102 of the	7081
Revised Code for the applicable election period.	7082

(b) The statement of primary-day finances or the year-end	7083
statement required to be filed under division (E) of section	7084
3517.1010 of the Revised Code shall be filed not later than	7085
fourteen days after the date the candidate's opponent fails to	7086
file a declaration of candidacy or nominating petition by the	7087
appropriate filing deadline, or dies or withdraws. For purposes of	7088
calculating permitted funds under division (A)(4) of section	7089
3517.1010 of the Revised Code, the primary or general election	7090
period, whichever is applicable, shall be considered to have ended	7091
on the filing deadline, in the case of an opponent who fails to	7092
file a declaration of candidacy or nominating petition, or on the	7093
date of the opponent's death or withdrawal. In such an event, the	7094
filing of a statement of primary-day finances or year-end finances	7095
and the disposing of any excess funds as required under division	7096
(B) of section 3517.1010 of the Revised Code satisfies the	7097
candidate's obligation to file such a statement for that election	7098
period.	7099

(E)(1) No campaign committee shall fail to file a personal	7100
funds notice as required under division (C)(1) or (2) of this	7101
section.	7102

(2) No campaign committee shall accept any contribution in	7103
excess of the contribution limitations prescribed in section	7104
3517.102 of the Revised Code:	7105

(a) Unless a declaration of no limits has been filed under	7106
division (D)(2) of this section;	7107

(b) In violation of division (D)(4) of this section once the	7108
candidate who filed a personal funds notice under division (C)(3)	7109
of this section fails to file a declaration of candidacy or	7110
nominating petition or that candidate dies or withdraws.	7111

(3) No campaign committee that violates division (E)(1) of	7112
this section shall expend any personal funds in excess of the	7113
amount specified in division (C)(1) or (2) of this section,	7114
whichever is appropriate to the committee.	7115

(4) The candidate of any campaign committee that violates	7116
division (E) of this section shall forfeit the candidate's	7117
nomination, if the candidate was nominated, or the office to which	7118
the candidate was elected, if the candidate was elected to office.	7119

(F)(1) Whenever a campaign committee files a notice under	7120
division (C)(1) or (2) of this section or whenever the	7121
contribution limitations prescribed in section 3517.102 of the	7122
Revised Code do not apply to a campaign committee under division	7123
(D)(1) of this section, that committee is not a designated state	7124
campaign committee for the purpose of the limitations prescribed	7125
in section 3517.102 of the Revised Code with regard to	7126
contributions made by that campaign committee to a legislative	7127
campaign fund or to a state candidate fund of a state or county	7128
political party.	7129

(2) Division (F)(1) of this section no longer applies to a	7130
campaign committee after both of the following occur:	7131

(a) The primary or general election period during which the	7132
contribution limitations prescribed in section 3517.102 of the	7133
Revised Code did not apply after being removed pursuant to	7134
division (D) of this section has expired;	7135

(b) When the campaign committee has disposed of all excess	7136
funds and excess aggregate contributions as required under section	7137
3517.1010 of the Revised Code.	7138

Sec. 3517.1011.  (A) As used in this section:

7139

(1) "Address" has the same meaning as in section 3517.10 of	7140
the Revised Code.	7141

(2) "Broadcast, cable, or satellite communication" means a	7142
communication that is publicly distributed by a television	7143
station, radio station, cable television system, or satellite	7144
system.	7145

(3) "Candidate" has the same meaning as in section 3501.01 of	7146
the Revised Code;.	7147

(4) "Contribution" means any loan, gift, deposit, forgiveness	7148
of indebtedness, donation, advance, payment, or transfer of funds	7149
or of anything of value, including a transfer of funds from an	7150
inter vivos or testamentary trust or decedent's estate, and the	7151
payment by any person other than the person to whom the services	7152
are rendered for the personal services of another person, that is	7153
made, received, or used to pay the direct costs of producing or	7154
airing electioneering communications.	7155

(5)(a) "Coordinated electioneering communication" means any	7156
electioneering communication that is made pursuant to any	7157
arrangement, coordination, or direction by a candidate or a	7158
candidate's campaign committee, by an officer, agent, employee, or	7159
consultant of a candidate or a candidate's campaign committee, or	7160
by a former officer, former agent, former employee, or former	7161
consultant of a candidate or a candidate's campaign committee	7162
prior to the airing, broadcasting, or cablecasting of the	7163
communication. An electioneering communication is presumed to be a	7164
"coordinated electioneering communication" when it is either of	7165
the following:	7166

(i) Based on information about a candidate's plans, projects,	7167
or needs provided to the person making the disbursement by the	7168
candidate or the candidate's campaign committee, by an officer,	7169
agent, employee, or consultant of the candidate or the candidate's	7170
campaign committee, or by a former officer, former agent, former	7171
employee, or former consultant of the candidate or the candidate's	7172
campaign committee, with a view toward having the communication	7173
made;	7174

(ii) Made by or through any person who is, or has been,	7175
authorized to raise or expend funds on behalf of a candidate or	7176
the candidate's campaign committee, who is, or has been, an	7177
officer, agent, employee, or consultant of the candidate or of the	7178
candidate's campaign committee, or who is, or has been, receiving	7179
any form of compensation or reimbursement from the candidate or	7180
the candidate's campaign committee or from an officer, agent,	7181
employee, or consultant of the candidate or of the candidate's	7182
campaign committee.	7183

(b) An electioneering communication shall not be presumed to	7184
be a "coordinated electioneering communication" under division	7185
(A)(5)(a)(ii) of this section if the communication is made through	7186
any person who provides a service that does not affect the content	7187
of the communication, such as communications placed through the	7188
efforts of a media buyer, unless that person also affects the	7189
content of the communication.	7190

(6) "Disclosure date" means both of the following:

7191

(a) The first date during any calendar year by which a person	7192
makes disbursements for the direct costs of producing or airing	7193
electioneering communications aggregating in excess of ten	7194
thousand dollars;	7195

(b) The same day of the week of each remaining week in the	7196
same calendar year as the day of the week of the initial	7197
disclosure date established under division (A)(6)(a) of this	7198
section, if, during that remaining week, the person makes	7199
disbursements for the direct costs of producing or airing	7200
electioneering communications aggregating in excess of one dollar.	7201

(7)(a) "Electioneering communication" means any broadcast,	7202
cable, or satellite communication that refers to a clearly	7203
identified candidate and that is made during either of the	7204
following periods of time:	7205

(i) If the person becomes a candidate before the day of the	7206
primary election at which candidates will be nominated for	7207
election to that office, between the date that the person becomes	7208
a candidate and the thirtieth day prior to that primary election,	7209
and between the date of the primary election and the thirtieth day	7210
prior to the general election at which a candidate will be elected	7211
to that office;	7212

(ii) If the person becomes a candidate after the day of the	7213
primary election at which candidates were nominated for election	7214
to that office, between the date of the primary election and the	7215
thirtieth day prior to the general election at which a candidate	7216
will be elected to that office.	7217

(b) "Electioneering communication" does not include any of	7218
the following:	7219

(i) A communication that is publicly disseminated through a	7220
means of communication other than a broadcast, cable, or satellite	7221
television or radio station. For example, "electioneering	7222
communication" does not include communications appearing in print	7223
media, including a newspaper or magazine, handbill, brochure,	7224
bumper sticker, yard sign, poster, billboard, and other written	7225
materials, including mailings; communications over the internet,	7226
including electronic mail; or telephone communications.	7227

(ii) A communication that appears in a news story,	7228
commentary, public service announcement, bona fide news	7229
programming, or editorial distributed through the facilities of	7230
any broadcast, cable, or satellite television or radio station,	7231
unless those facilities are owned or controlled by any political	7232
party, political committee, or candidate;	7233

(iii) A communication that constitutes an expenditure or an	7234
independent expenditure under section 3517.01 of the Revised Code;	7235

(iv) A communication that constitutes a candidate debate or	7236
forum or that solely promotes a candidate debate or forum and is	7237
made by or on behalf of the person sponsoring the debate or forum.	7238

(8) "Filing date" has the same meaning as in section 3517.109	7239
of the Revised Code.	7240

(9) "Immigration and Nationality Act" means the Immigration	7241
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	7242
as amended.	7243

(10) "Person" has the same meaning as in section 1.59 of the	7244
Revised Code and includes any political organization considered	7245
exempt from income taxation under section 527 of the Internal	7246
Revenue Code.	7247

(11) "Political committee" means any of the following:

7248

(a) Any committee, club, association, or other group of	7249
persons that receives contributions aggregating in excess of one	7250
thousand dollars during a calendar year or that makes expenditures	7251
aggregating in excess of one thousand dollars during a calendar	7252
year;	7253

(b) Any separate segregated fund;

7254

(c) Any state, county, or local committee of a political	7255
party that does any of the following:	7256

(i) Receives contributions aggregating in excess of five	7257
thousand dollars during a calendar year;	7258

(ii) Makes payments that do not constitute contributions or	7259
expenditures aggregating in excess of five thousand dollars during	7260
a calendar year;	7261

(iii) Makes contributions or expenditures aggregating in	7262
excess of one thousand dollars during a calendar year.	7263

(12) "Publicly distributed" means aired, broadcast,	7264
cablecast, or otherwise disseminated for a fee.	7265

(13) "Refers to a clearly identified candidate" means that	7266
the candidate's name, nickname, photograph, or drawing appears, or	7267
the identity of the candidate is otherwise apparent through an	7268
unambiguous reference to the person such as "the chief justice,"	7269
"the governor," "member of the Ohio senate," "member of the Ohio	7270
house of representatives," "county auditor," "mayor," or "township	7271
trustee" or through an unambiguous reference to the person's	7272
status as a candidate.	7273

(B) For the purposes of this section, a person shall be	7274
considered to have made a disbursement if the person has entered	7275
into a contract to make the disbursement.	7276

(C) Any person intending to make a disbursement or	7277
disbursements for the direct costs of producing or airing	7278
electioneering communications, prior to making the first	7279
disbursement for the direct costs of producing or airing an	7280
electioneering communication, shall file a notice with the office	7281
of the secretary of state that the person is intending to make	7282
such disbursements.	7283

(D)(1) Every person that makes a disbursement or	7284
disbursements for the direct costs of producing and airing	7285
electioneering communications aggregating in excess of ten	7286
thousand dollars during any calendar year shall file, within	7287
twenty-four hours of each disclosure date, a disclosure of	7288
electioneering communications statement containing the following	7289
information:	7290

(a) The full name and address of the person making the	7291
disbursement, of any person sharing or exercising direction or	7292
control over the activities of the person making the disbursement,	7293
and of the custodian of the books and accounts of the person	7294
making the disbursement;	7295

(b) The principal place of business of the person making the	7296
disbursement, if not an individual;	7297

(c) The amount of each disbursement of more than one dollar	7298
during the period covered by the statement and the identity of the	7299
person to whom the disbursement was made;	7300

(d) The nominations or elections to which the electioneering	7301
communications pertain and the names, if known, of the candidates	7302
identified or to be identified;	7303

(e) If the disbursements were paid out of a segregated bank	7304
account that consists of funds contributed solely by individuals	7305
who are United States citizens or nationals or lawfully admitted	7306
for permanent residence as defined in section 101(a)(20) of the	7307
Immigration and Nationality Act directly to the account for	7308
electioneering communications, the information specified in	7309
division (D)(2) of this section for all contributors who	7310
contributed an aggregate amount of two hundred dollars or more to	7311
the segregated bank account and whose contributions were used for	7312
making the disbursement or disbursements required to be reported	7313
under division (D) of this section during the period covered by	7314
the statement. Nothing in this division prohibits or shall be	7315
construed to prohibit the use of funds in such a segregated bank	7316
account for a purpose other than electioneering communications.	7317

(f) If the disbursements were paid out of funds not described	7318
in division (D)(1)(e) of this section, the information specified	7319
in division (D)(2) of this section for all contributors who	7320
contributed an aggregate amount of two hundred dollars or more to	7321
the person making the disbursement and whose contributions were	7322
used for making the disbursement or disbursements required to be	7323
reported under division (D) of this section during the period	7324
covered by the statement.	7325

(2) For each contributor for which information is required to	7326
be reported under division (D)(1)(e) or (f) of this section, all	7327
of the following shall be reported:	7328

(a) The month, day, and year that the contributor made the	7329
contribution or contributions aggregating two hundred dollars or	7330
more;	7331

(b)(i) The full name and address of the contributor, and, if	7332
the contributor is a political action committee, the registration	7333
number assigned to the political action committee under division	7334
(D)(1) of section 3517.10 of the Revised Code;	7335

(ii) If the contributor is an individual, the name of the	7336
individual's current employer, if any, or, if the individual is	7337
self-employed, the individual's occupation and the name of the	7338
individual's business, if any;	7339

(iii) If the contribution is transmitted pursuant to section	7340
3599.031 of the Revised Code from amounts deducted from the wages	7341
and salaries of two or more employees that exceed in the aggregate	7342
one hundred dollars during the period specified in division	7343
(D)(1)(e) or (f) of this section, as applicable, the full name of	7344
the employees' employer and the full name of the labor	7345
organization of which the employees are members, if any.	7346

(c) A description of the contribution, if other than money;

7347

(d) The value in dollars and cents of the contribution.

7348

(3) Subject to the secretary of state having implemented,	7349
tested, and verified the successful operation of any system the	7350
secretary of state prescribes pursuant to divisions (C)(6)(b) and	7351
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	7352
of the Revised Code for the filing of campaign finance statements	7353
by electronic means of transmission, a person shall file the	7354
disclosure of electioneering communications statement prescribed	7355
under divisions (D)(1) and (2) of this section by electronic means	7356
of transmission to the office of the secretary of state.	7357

Within five business days after the secretary of state	7358
receives a disclosure of electioneering communications statement	7359
under this division, the secretary of state shall make available	7360
online to the public through the internet, as provided in division	7361
(I) of section 3517.106 of the Revised Code, the contribution and	7362
disbursement information in that statement.	7363

If a filed disclosure of electioneering communications	7364
statement is found to be incomplete or inaccurate after its	7365
examination for completeness and accuracy pursuant to division	7366
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	7367
file by electronic means of transmission to the office of the	7368
secretary of state any addendum, amendment, or other correction to	7369
the statement that provides the information necessary to complete	7370
or correct the statement or, if required by the secretary of state	7371
under that division, an amended statement.	7372

Within five business days after the secretary of state	7373
receives an addendum, amendment, or other correction to a	7374
disclosure of electioneering communications statement or an	7375
amended statement by electronic means of transmission under this	7376
division or division (B)(3)(a) of section 3517.11 of the Revised	7377
Code, the secretary of state shall make the contribution and	7378
disbursement information in the addendum, amendment, or other	7379
correction to the statement or amended statement available online	7380
to the public through the internet as provided in division (I) of	7381
section 3517.106 of the Revised Code.	7382

(E)(1) Any person who makes a contribution for the purpose of	7383
funding the direct costs of producing or airing an electioneering	7384
communication under this section shall provide the person's full	7385
name and address to the recipient of the contribution at the time	7386
the contribution is made.	7387

(2) Any individual who makes a contribution or contributions	7388
aggregating two hundred dollars or more for the purpose of funding	7389
the direct costs of producing or airing an electioneering	7390
communication under this section shall provide the name of the	7391
individual's current employer, if any, or, if the individual is	7392
self-employed, the individual's occupation and the name of the	7393
individual's business, if any, to the recipient of the	7394
contribution at the time the contribution is made.	7395

(F) In each electioneering communication, a statement shall	7396
appear or be presented in a clear and conspicuous manner that does	7397
both of the following:	7398

(1) Clearly indicates that the electioneering communication	7399
is not authorized by the candidate or the candidate's campaign	7400
committee;	7401

(2) Clearly identifies the person making the disbursement for	7402
the electioneering communication in accordance with section	7403
3517.20 of the Revised Code.	7404

(G) Any coordinated electioneering communication is an	7405
in-kind contribution, subject to the applicable contribution	7406
limits prescribed in section 3517.102 of the Revised Code, to the	7407
candidate by the person making disbursements to pay the direct	7408
costs of producing or airing the communication.	7409

(H) No person shall make, during the thirty days preceding a	7410
primary election or during the thirty days preceding a general	7411
election, any broadcast, cable, or satellite communication that	7412
refers to a clearly identified candidate using any contributions	7413
received from a corporation or labor organization.	7414

Sec. 3517.153.  (A) Upon the filing of a complaint with the	7415
Ohio elections commission, which shall be made by affidavit of any	7416
person, on personal knowledge, and subject to the penalties for	7417
perjury, or upon the filing of a complaint made by the secretary	7418
of state or an official at the board of elections, setting forth a	7419
failure to comply with or a violation of any provision in sections	7420
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	7421
or 3599.031 of the Revised Code, the commission shall proceed in	7422
accordance with sections 3517.154 to 3517.157 of the Revised Code.	7423

(B) The commission shall prescribe the form for complaints	7424
made under division (A) of this section. The secretary of state	7425
and boards of elections shall furnish the information that the	7426
commission requests. The commission or a member of the commission	7427
may administer oaths, and the commission may issue subpoenas to	7428
any person in the state compelling the attendance of witnesses and	7429
the production of relevant papers, books, accounts, and reports.	7430
Section 101.42 of the Revised Code governs the issuance of	7431
subpoenas insofar as applicable. Upon the refusal of any person to	7432
obey a subpoena or to be sworn or to answer as a witness, the	7433
commission may apply to the court of common pleas of Franklin	7434
county under section 2705.03 of the Revised Code. The court shall	7435
hold proceedings in accordance with Chapter 2705. of the Revised	7436
Code.	7437

(C) No prosecution shall commence for a violation of a	7438
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	7439
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	7440
unless a complaint has been filed with the commission under this	7441
section and all proceedings of the commission or a panel of the	7442
commission, as appropriate, under sections 3517.154 to 3517.157 of	7443
the Revised Code are completed.	7444

(D) The commission may recommend legislation and render	7445
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	7446
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	7447
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	7448
over whose acts it has or may have jurisdiction. When the	7449
commission renders an advisory opinion relating to a specific set	7450
of circumstances involving any of those sections stating that	7451
there is no violation of a provision in those sections, the person	7452
to whom the opinion is directed or a person who is similarly	7453
situated may reasonably rely on the opinion and is immune from	7454
criminal prosecution and a civil action, including, without	7455
limitation, a civil action for removal from public office or	7456
employment, based on facts and circumstances covered by the	7457
opinion.	7458

(E) The commission shall establish a web site on which it	7459
shall post, at a minimum, all decisions and advisory opinions	7460
issued by the commission and copies of each election law as it is	7461
amended by the general assembly. The commission shall update the	7462
web site regularly to reflect any changes to those decisions and	7463
advisory opinions and any new decisions and advisory opinions.	7464

Sec. 3517.154.  (A)(1) The full-time attorney for the Ohio	7465
elections commission shall review each complaint filed with the	7466
commission under section 3517.153 of the Revised Code, shall	7467
determine the nature of the complaint, and, unless division	7468
(A)(2)(a) of this section requires that the complaint receive an	7469
automatic expedited hearing, shall make a recommendation to the	7470
commission for its disposition, in accordance with this section.	7471
The attorney shall make the determination and the recommendation,	7472
if required, not later than one business day after the complaint	7473
is filed.	7474

(2)(a) If the attorney determines that the complaint sets	7475
forth a violation of division (B) of section 3517.21 or division	7476
(B) of section 3517.22 of the Revised Code and that the complaint	7477
is filed during one of the periods of time specified in division	7478
(B)(1) of section 3517.156 of the Revised Code, or that the	7479
complaint sets forth a violation of section 3517.103 of the	7480
Revised Code or a violation described in division (D) of section	7481
3517.1010 of the Revised Code, the complaint shall receive an	7482
automatic expedited hearing under section 3517.156 of the Revised	7483
Code.	7484

(b) If the attorney determines that the complaint sets forth	7485
a failure to comply with or a violation of division (G), (I), (J),	7486
(O), (P), or (Q) of section 3517.13, division (A) of section	7487
3517.21, or division (A) of section 3517.22 of the Revised Code	7488
and that the complaint is filed during one of the periods of time	7489
specified in division (B)(1) of section 3517.156 of the Revised	7490
Code, the attorney shall recommend to the commission that the	7491
complaint receive an expedited hearing under section 3517.156 of	7492
the Revised Code, and the complaint shall receive such a hearing.	7493

(c) If the attorney determines that the complaint sets forth	7494
a failure to comply with or a violation of a section of the	7495
Revised Code over which the commission has jurisdiction to hear	7496
complaints other than the sections described in divisions	7497
(A)(2)(a) and (b) of this section, and unless the attorney makes a	7498
determination as provided for in division (A)(3) of this section,	7499
the attorney shall recommend to the commission that the complaint	7500
be submitted to the commission under section 3517.155 of the	7501
Revised Code. After the attorney makes that recommendation, the	7502
attorney shall notify all parties to the complaint of the	7503
attorney's recommendation.	7504

(3)(a) If a complaint sets forth a failure to comply with or	7505
a violation of a section of the Revised Code over which the	7506
commission has jurisdiction to hear complaints other than the	7507
sections described in divisions (A)(2)(a) and (b) of this section	7508
and if the complaint is filed during one of the periods of time	7509
specified in division (B)(1) of section 3517.156 of the Revised	7510
Code, the attorney may determine that the complaint should receive	7511
an expedited hearing under that section. The attorney shall make	7512
that determination by considering one or more of the following:	7513

(i) The number of prior failures to comply with or violations	7514
of Title XXXV of the Revised Code that the person or entity	7515
against whom the complaint has been brought has committed and any	7516
prior penalties the commission has imposed on the person or	7517
entity;	7518

(ii) If the complaint involves a statement required to be	7519
filed under section 3517.10, division (E) of section 3517.102, or	7520
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,	7521
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	7522
addendum required to be filed under section 3517.11 of the Revised	7523
Code that is filed late, how late the filing is and how much time	7524
has elapsed between the deadline for filing the statement or	7525
addendum and the filing of the complaint;	7526

(iii) If the complaint involves contributions and	7527
expenditures, contributions and disbursements, deposits and	7528
disbursements, gifts and disbursements, or donations and	7529
disbursements required to be reported under section 3517.10,	7530
division (E) of section 3517.102, or section 3517.105, 3517.107,	7531
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	7532
of the Revised Code that are either not reported or reported late,	7533
the number of contributions and expenditures, contributions and	7534
disbursements, deposits and disbursements, gifts and	7535
disbursements, or donations and disbursements not reported or how	7536
late they were reported;	7537

(iv) If the complaint involves contributions required to be	7538
reported by a campaign committee under section 3517.10, division	7539
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	7540
or 3517.109 of the Revised Code that are not reported, whether any	7541
of the contributors of the contributions not reported have a	7542
personal or professional relationship with the campaign	7543
committee's candidate;	7544

(v) If the complaint involves a statement required to be	7545
filed under section 3517.10, division (E) of section 3517.102, or	7546
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,	7547
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	7548
that is incomplete, the degree to which it is incomplete;	7549

(vi) If the complaint involves the receipt of contributions	7550
in violation of section 3599.03 of the Revised Code, the dollar	7551
amount and number of contributions received in violation of that	7552
section;	7553

(vii) If the complaint involves a failure to make the	7554
identification or a misstatement of the identification required	7555
under section 3517.105 or 3517.20 of the Revised Code, whether the	7556
failure or misstatement was purposely made;	7557

(viii) If the complaint sets forth a failure to comply with	7558
or a violation of a section of the Revised Code described in	7559
division (A)(2)(c) of this section, whether the person or entity	7560
against whom the complaint has been made has committed more than	7561
one such failure or violation within a reasonable amount of time,	7562
or whether the cumulative nature of the failures or violations	7563
indicates a systematic disregard for the law.	7564

(b) Prior to making a determination under division (A)(3)(a)	7565
of this section that the complaint should receive an expedited	7566
hearing under section 3517.156 of the Revised Code, the attorney	7567
shall take into consideration the number of panels of the	7568
commission that have cases pending before them and the number of	7569
cases pending before the panels and shall not make a determination	7570
that will place an undue burden on a panel of the commission.	7571

(c) If the attorney determines that the complaint should	7572
receive an expedited hearing under section 3517.156 of the Revised	7573
Code, the attorney shall recommend to the commission that the	7574
complaint receive an expedited hearing, and, if a majority of the	7575
members of the commission agrees with the recommendation, the	7576
complaint shall receive an expedited hearing under that section.	7577

(4) The attorney may join two or more complaints if the	7578
attorney determines that the allegations in each complaint are of	7579
the same or similar character, are based on the same act or	7580
failure to act, or are based on two or more acts or failures to	7581
act constituting parts of a common scheme or plan. If one	7582
complaint contains two or more allegations, the attorney may	7583
separate the allegations if they are not of the same or similar	7584
character, if they are not based on the same act or failure to	7585
act, or if they are not based on two or more acts or failures to	7586
act constituting parts of a common scheme or plan. If the attorney	7587
separates the allegations in a complaint, the attorney may make	7588
separate recommendations under division (A)(2) or (3) of this	7589
section for each allegation.	7590

(B) Whenever a person or other entity files a complaint with	7591
the commission setting forth a failure to comply with or a	7592
violation of a section of the Revised Code as described in	7593
division (A)(2)(c) of this section and the complaint is filed	7594
during one of the periods of time specified in division (B)(1) of	7595
section 3517.156 of the Revised Code, the person or entity may	7596
request an expedited hearing under that section at the time the	7597
complaint is filed. The attorney for the commission shall inform	7598
the members of the commission of that request at the time the	7599
attorney makes a recommendation under division (A) of this	7600
section. The commission may grant the request for an expedited	7601
hearing under this division if it determines that an expedited	7602
hearing is practicable.	7603

Sec. 3517.155.  (A)(1) Except as otherwise provided in	7604
division (B) of this section, the Ohio elections commission shall	7605
hold its first hearing on a complaint filed with it, other than a	7606
complaint that receives an expedited hearing under section	7607
3517.156 of the Revised Code, not later than ninety business days	7608
after the complaint is filed unless the commission has good cause	7609
to hold the hearing after that time, in which case it shall hold	7610
the hearing not later than one hundred eighty business days after	7611
the complaint is filed. At the hearing, the commission shall	7612
determine whether or not the failure to act or the violation	7613
alleged in the complaint has occurred and shall do only one of the	7614
following, except as otherwise provided in division (B) of this	7615
section or in division (B) of section 3517.151 of the Revised	7616
Code:	7617

(a) Enter a finding that good cause has been shown not to	7618
impose a fine or not to refer the matter to the appropriate	7619
prosecutor;	7620

(b) Impose a fine under section 3517.993 of the Revised Code;

7621

(c) Refer the matter to the appropriate prosecutor;

7622

(d) Direct the secretary of state or appropriate board of	7623
elections with the authority to certify a candidate to the ballot	7624
to remove a candidate's name from the ballot if the candidate is	7625
barred from the ballot under division (D) of section 3517.1010 of	7626
the Revised Code.	7627

(2) As used in division (A) of this section, "appropriate	7628
prosecutor" means a prosecutor as defined in section 2935.01 of	7629
the Revised Code and either of the following:	7630

(a) In the case of a failure to comply with or a violation of	7631
law involving a campaign committee or the committee's candidate, a	7632
political party, a legislative campaign fund, a political action	7633
committee, or a political contributing entity, that is required to	7634
file a statement of contributions and expenditures with the	7635
secretary of state under division (A) of section 3517.11 of the	7636
Revised Code, the prosecutor of Franklin county;	7637

(b) In the case of a failure to comply with or a violation of	7638
law involving any other campaign committee or committee's	7639
candidate, or any other political party, political action	7640
committee, or political contributing entity either of the	7641
following as determined by the commission:	7642

(i) The prosecutor of Franklin county;

7643

(ii) The prosecutor of the county in which the candidacy or	7644
ballot question or issue is submitted to the electors or, if it is	7645
submitted in more than one county, the most populous of those	7646
counties.	7647

(B) If the commission decides that the evidence is	7648
insufficient for it to determine whether or not the failure to act	7649
or the violation alleged in the complaint has occurred, the	7650
commission, by the affirmative vote of five members, may request	7651
that an investigatory attorney investigate the complaint. Upon	7652
that request, an investigatory attorney shall make an	7653
investigation in order to produce sufficient evidence for the	7654
commission to decide the matter. If the commission requests an	7655
investigation under this division, for good cause shown by the	7656
investigatory attorney, the commission may extend by sixty days	7657
the deadline for holding its first hearing on the complaint as	7658
required in division (A) of this section.	7659

(C) The commission shall take one of the actions required	7660
under division (A) of this section not later than thirty days	7661
after the close of all the evidence presented.	7662

(D)(1) The commission shall make any finding of a failure to	7663
comply with or a violation of law in regard to a complaint that	7664
alleges a violation of division (D) of section 3517.1010, division	7665
(A) or (B) of section 3517.21, or division (A) or (B) of section	7666
3517.22 of the Revised Code by clear and convincing evidence. The	7667
commission shall make any finding of a failure to comply with or a	7668
violation of law in regard to any other complaint by a	7669
preponderance of the evidence.	7670

(2) If the commission finds a violation of division (B) of	7671
section 3517.21 or division (B) of section 3517.22 of the Revised	7672
Code, it shall refer the matter to the appropriate prosecutor	7673
under division (A)(1)(c) of this section and shall not impose a	7674
fine under division (A)(1)(b) of this section or section 3517.993	7675
of the Revised Code.	7676

(E) In an action before the commission or a panel of the	7677
commission, if the allegations of the complainant are not proved,	7678
and the commission takes the action described in division	7679
(A)(1)(a) of this section or a panel of the commission takes the	7680
action described in division (C)(1) of section 3517.156 of the	7681
Revised Code, the commission or a panel of the commission may find	7682
that the complaint is frivolous, and, if the commission or panel	7683
so finds, the commission shall order the complainant to pay	7684
reasonable attorney's fees and to pay the costs of the commission	7685
or panel as determined by a majority of the members of the	7686
commission. The costs paid to the commission or panel under this	7687
division shall be deposited into the Ohio elections commission	7688
fund.	7689

Sec. 3517.992.  This section establishes penalties only with	7690
respect to acts or failures to act that occur on and after August	7691
24, 1995.	7692

(A)(1) A candidate whose campaign committee violates division	7693
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	7694
or a treasurer of a campaign committee who violates any of those	7695
divisions, shall be fined not more than one hundred dollars for	7696
each day of violation.	7697

(2) Whoever violates division (E) or (X)(5) of section	7698
3517.13 or division (E)(1) of section 3517.1014 of the Revised	7699
Code shall be fined not more than one hundred dollars for each day	7700
of violation.	7701

(B) A political party that violates division (F)(1) of	7702
section 3517.101 of the Revised Code shall be fined not more than	7703
one hundred dollars for each day of violation.	7704

(C) Whoever violates division (F)(2) of section 3517.101,	7705
division (G) of section 3517.13, or division (E)(2) or (3) of	7706
section 3517.1014 of the Revised Code shall be fined not more than	7707
ten thousand dollars or, if the offender is a person who was	7708
nominated or elected to public office, shall forfeit the	7709
nomination or the office to which the offender was elected, or	7710
both.	7711

(D) Whoever violates division (F) of section 3517.13 of the	7712
Revised Code shall be fined not more than three times the amount	7713
contributed.	7714

(E) Whoever violates division (H) of section 3517.13 of the	7715
Revised Code shall be fined not more than one hundred dollars.	7716

(F) Whoever violates division (O), (P), or (Q) of section	7717
3517.13 of the Revised Code is guilty of a misdemeanor of the	7718
first degree.	7719

(G) A state or county committee of a political party that	7720
violates division (B)(1) of section 3517.18 of the Revised Code	7721
shall be fined not more than twice the amount of the improper	7722
expenditure.	7723

(H) A state or county political party that violates division	7724
(G) of section 3517.101 of the Revised Code shall be fined not	7725
more than twice the amount of the improper expenditure or use.	7726

(I)(1) Any individual who violates division (B)(1) of section	7727
3517.102 of the Revised Code and knows that the contribution the	7728
individual makes violates that division shall be fined an amount	7729
equal to three times the amount contributed in excess of the	7730
amount permitted by that division.	7731

(2) Any political action committee that violates division	7732
(B)(2) of section 3517.102 of the Revised Code shall be fined an	7733
amount equal to three times the amount contributed in excess of	7734
the amount permitted by that division.	7735

(3) Any campaign committee that violates division (B)(3) or	7736
(5) of section 3517.102 of the Revised Code shall be fined an	7737
amount equal to three times the amount contributed in excess of	7738
the amount permitted by that division.	7739

(4)(a) Any legislative campaign fund that violates division	7740
(B)(6) of section 3517.102 of the Revised Code shall be fined an	7741
amount equal to three times the amount transferred or contributed	7742
in excess of the amount permitted by that division, as applicable.	7743

(b) Any state political party, county political party, or	7744
state candidate fund of a state political party or county	7745
political party that violates division (B)(6) of section 3517.102	7746
of the Revised Code shall be fined an amount equal to three times	7747
the amount transferred or contributed in excess of the amount	7748
permitted by that division, as applicable.	7749

(c) Any political contributing entity that violates division	7750
(B)(7) of section 3517.102 of the Revised Code shall be fined an	7751
amount equal to three times the amount contributed in excess of	7752
the amount permitted by that division.	7753

(5) Any political party that violates division (B)(4) of	7754
section 3517.102 of the Revised Code shall be fined an amount	7755
equal to three times the amount contributed in excess of the	7756
amount permitted by that division.	7757

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	7758
of this section, no violation of division (B) of section 3517.102	7759
of the Revised Code occurs, and the secretary of state shall not	7760
refer parties to the Ohio elections commission, if the amount	7761
transferred or contributed in excess of the amount permitted by	7762
that division meets either of the following conditions:	7763

(a) It is completely refunded within five business days after	7764
it is accepted.	7765

(b) It is completely refunded on or before the tenth business	7766
day after notification to the recipient of the excess transfer or	7767
contribution by the board of elections or the secretary of state	7768
that a transfer or contribution in excess of the permitted amount	7769
has been received.	7770

(J)(1) Any campaign committee that violates division (C)(1),	7771
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	7772
fined an amount equal to three times the amount accepted in excess	7773
of the amount permitted by that division.	7774

(2)(a) Any county political party that violates division	7775
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	7776
shall be fined an amount equal to three times the amount accepted.	7777

(b) Any county political party that violates division	7778
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	7779
fined an amount from its state candidate fund equal to three times	7780
the amount accepted in excess of the amount permitted by that	7781
division.	7782

(c) Any state political party that violates division	7783
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	7784
an amount from its state candidate fund equal to three times the	7785
amount accepted in excess of the amount permitted by that	7786
division.	7787

(3) Any legislative campaign fund that violates division	7788
(C)(5) of section 3517.102 of the Revised Code shall be fined an	7789
amount equal to three times the amount accepted in excess of the	7790
amount permitted by that division.	7791

(4) Any political action committee or political contributing	7792
entity that violates division (C)(7) of section 3517.102 of the	7793
Revised Code shall be fined an amount equal to three times the	7794
amount accepted in excess of the amount permitted by that	7795
division.	7796

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	7797
this section, no violation of division (C) of section 3517.102 of	7798
the Revised Code occurs, and the secretary of state shall not	7799
refer parties to the Ohio elections commission, if the amount	7800
transferred or contributed in excess of the amount permitted to be	7801
accepted by that division meets either of the following	7802
conditions:	7803

(a) It is completely refunded within five business days after	7804
its acceptance.	7805

(b) It is completely refunded on or before the tenth business	7806
day after notification to the recipient of the excess transfer or	7807
contribution by the board of elections or the secretary of state	7808
that a transfer or contribution in excess of the permitted amount	7809
has been received.	7810

(K)(1) Any legislative campaign fund that violates division	7811
(F)(1) of section 3517.102 of the Revised Code shall be fined	7812
twenty-five dollars for each day of violation.	7813

(2) Any legislative campaign fund that violates division	7814
(F)(2) of section 3517.102 of the Revised Code shall give to the	7815
treasurer of state for deposit into the state treasury to the	7816
credit of the Ohio elections commission fund all excess	7817
contributions not disposed of as required by division (E) of	7818
section 3517.102 of the Revised Code.	7819

(L) Whoever violates section 3517.105 of the Revised Code	7820
shall be fined one thousand dollars.	7821

(M)(1) Whoever solicits a contribution in violation of	7822
section 3517.092 or violates division (B) of section 3517.09 of	7823
the Revised Code is guilty of a misdemeanor of the first degree.	7824

(2) Whoever knowingly accepts a contribution in violation of	7825
division (B) or (C) of section 3517.092 of the Revised Code shall	7826
be fined an amount equal to three times the amount accepted in	7827
violation of either of those divisions and shall return to the	7828
contributor any amount so accepted. Whoever unknowingly accepts a	7829
contribution in violation of division (B) or (C) of section	7830
3517.092 of the Revised Code shall return to the contributor any	7831
amount so accepted.	7832

(N) Whoever violates division (S) of section 3517.13 of the	7833
Revised Code shall be fined an amount equal to three times the	7834
amount of funds transferred or three times the value of the assets	7835
transferred in violation of that division.	7836

(O) Any campaign committee that accepts a contribution or	7837
contributions in violation of section 3517.108 of the Revised	7838
Code, uses a contribution in violation of that section, or fails	7839
to dispose of excess contributions in violation of that section	7840
shall be fined an amount equal to three times the amount accepted,	7841
used, or kept in violation of that section.	7842

(P) Any political party, state candidate fund, legislative	7843
candidate fund, or campaign committee that violates division (T)	7844
of section 3517.13 of the Revised Code shall be fined an amount	7845
equal to three times the amount contributed or accepted in	7846
violation of that section.	7847

(Q) A treasurer of a committee or another person who violates	7848
division (U) of section 3517.13 of the Revised Code shall be fined	7849
not more than two hundred fifty dollars.	7850

(R) Whoever violates division (I) or (J) of section 3517.13	7851
of the Revised Code shall be fined not more than one thousand	7852
dollars. Whenever a person is found guilty of violating division	7853
(I) or (J) of section 3517.13 of the Revised Code, the contract	7854
awarded in violation of either of those divisions shall be	7855
rescinded if its terms have not yet been performed.	7856

(S) A candidate whose campaign committee violates or a	7857
treasurer of a campaign committee who violates section 3517.081 of	7858
the Revised Code, and a candidate whose campaign committee	7859
violates or a treasurer of a campaign committee or another person	7860
who violates division (C) of section 3517.10 of the Revised Code,	7861
shall be fined not more than five hundred dollars.	7862

(T) A candidate whose campaign committee violates or a	7863
treasurer of a committee who violates division (B) of section	7864
3517.09 of the Revised Code, or a candidate whose campaign	7865
committee violates or a treasurer of a campaign committee or	7866
another person who violates division (C) of section 3517.09 of the	7867
Revised Code shall be fined not more than one thousand dollars.	7868

(U) Whoever violates section 3517.20 of the Revised Code	7869
shall be fined not more than five hundred dollars.	7870

(V) Whoever violates section 3517.21 or section 3517.22 of	7871
the Revised Code shall be imprisoned for not more than six months	7872
or fined not more than five thousand dollars, or both.	7873

(W) A campaign committee that is required to file a	7874
declaration of no limits under division (D)(2) of section 3517.103	7875
of the Revised Code that, before filing that declaration, accepts	7876
a contribution or contributions that exceed the limitations	7877
prescribed in section 3517.102 of the Revised Code, shall return	7878
that contribution or those contributions to the contributor.	7879

(X) Any campaign committee that fails to file the declaration	7880
of filing-day finances required by division (F) of section	7881
3517.109 or the declaration of primary-day finances or declaration	7882
of year-end finances required by division (E) of section 3517.1010	7883
of the Revised Code shall be fined twenty-five dollars for each	7884
day of violation.	7885

(Y)(1) Any campaign committee that fails to dispose of excess	7886
funds or excess aggregate contributions under division (B) of	7887
section 3517.109 of the Revised Code in the manner required by	7888
division (C) of that section or under division (B) of section	7889
3517.1010 of the Revised Code in the manner required by division	7890
(C) of that section shall give to the treasurer of state for	7891
deposit into the Ohio elections commission fund created under	7892
division (I) of section 3517.152 of the Revised Code all funds not	7893
disposed of pursuant to those divisionsthat division.	7894

(2) Any treasurer of a transition fund that fails to dispose	7895
of assets remaining in the transition fund as required under	7896
division (H)(1) or (2) of section 3517.1014 of the Revised Code	7897
shall give to the treasurer of state for deposit into the Ohio	7898
elections commission fund all assets not disposed of pursuant to	7899
that division.	7900

(Z) Any individual, campaign committee, political action	7901
committee, political contributing entity, legislative campaign	7902
fund, political party, treasurer of a transition fund, or other	7903
entity that violates any provision of sections 3517.09 to 3517.12	7904
of the Revised Code for which no penalty is provided for under any	7905
other division of this section shall be fined not more than one	7906
thousand dollars.	7907

(AA)(1) Whoever knowingly violates division (W)(1) of section	7908
3517.13 of the Revised Code shall be fined an amount equal to	7909
three times the amount contributed, expended, or promised in	7910
violation of that division or ten thousand dollars, whichever	7911
amount is greater.	7912

(2) Whoever knowingly violates division (W)(2) of section	7913
3517.13 of the Revised Code shall be fined an amount equal to	7914
three times the amount solicited or accepted in violation of that	7915
division or ten thousand dollars, whichever amount is greater.	7916

(BB) Whoever knowingly violates division (C) or (D) of	7917
section 3517.1011 of the Revised Code shall be fined not more than	7918
ten thousand dollars plus not more than one thousand dollars for	7919
each day of violation.	7920

(CC)(1) Subject to division (CC)(2) of this section, whoever	7921
violates division (H) of section 3517.1011 of the Revised Code	7922
shall be fined an amount up to three times the amount disbursed	7923
for the direct costs of airing the communication made in violation	7924
of that division.	7925

(2) Whoever has been ordered by the Ohio elections commission	7926
or by a court of competent jurisdiction to cease making	7927
communications in violation of division (H) of section 3517.1011	7928
of the Revised Code who again violates that division shall be	7929
fined an amount equal to three times the amount disbursed for the	7930
direct costs of airing the communication made in violation of that	7931
division.	7932

(DD)(1) Any corporation or labor organization that violates	7933
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	7934
fined an amount equal to three times the amount given in excess of	7935
the amount permitted by that division.	7936

(2) Any state or county political party that violates	7937
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	7938
fined an amount equal to three times the amount accepted in excess	7939
of the amount permitted by that division.	7940

(EE)(DD)(1) Any campaign committee or person who violates	7941
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	7942
shall be fined an amount equal to three times the amount donated	7943
in excess of the amount permitted by that division.	7944

(2) Any officeholder or treasurer of a transition fund who	7945
violates division (C)(3)(a) or (b) of section 3517.1014 of the	7946
Revised Code shall be fined an amount equal to three times the	7947
amount accepted in excess of the amount permitted by that	7948
division.	7949

Sec. 3519.01.  (A) Only one proposal of law or constitutional	7950
amendment to be proposed by initiative petition shall be contained	7951
in an initiative petition to enable the voters to vote on that	7952
proposal separately. A petition shall include the text of any	7953
existing statute or constitutional provision that would be amended	7954
or repealed if the proposed law or constitutional amendment is	7955
adopted.	7956

Whoever seeks to propose a law or constitutional amendment by	7957
initiative petition shall, by a written petition signed by one	7958
thousand qualified electors, submit the proposed law or	7959
constitutional amendment and a summary of it to the attorney	7960
general for examination. Within ten days after the receipt of the	7961
written petition and the summary of it, the attorney general shall	7962
conduct an examination of the summary. If, in the opinion of the	7963
attorney general, the summary is a fair and truthful statement of	7964
the proposed law or constitutional amendment, the attorney general	7965
shall so certify and then forward the submitted petition to the	7966
Ohio ballot board for its approval under division (A) of section	7967
3505.062 of the Revised Code. If the Ohio ballot board returns the	7968
submitted petition to the attorney general with its certification	7969
as described in that division, the attorney general shall then	7970
file with the secretary of state a verified copy of the proposed	7971
law or constitutional amendment together with its summary and the	7972
attorney general's certification.	7973

Whenever the Ohio ballot board divides an initiative petition	7974
into individual petitions containing only one proposed law or	7975
constitutional amendment under division (A) of section 3505.062 of	7976
the Revised Code resulting in the need for the petitioners to	7977
resubmit to the attorney general appropriate summaries for each of	7978
the individual petitions arising from the board's division of the	7979
initiative petition, the attorney general shall review the	7980
resubmitted summaries, within ten days after their receipt, to	7981
determine if they are a fair and truthful statement of the	7982
respective proposed laws or constitutional amendments and, if so,	7983
certify them. These resubmissions shall contain no new	7984
explanations or arguments. Then, the attorney general shall file	7985
with the secretary of state a verified copy of each of the	7986
proposed laws or constitutional amendments together with their	7987
respective summaries and the attorney general's certification of	7988
each.	7989

(B)(1) Whoever seeks to file a referendum petition against	7990
any law, section, or item in any law shall, by a written petition	7991
signed by one thousand qualified electors, submit the measure to	7992
be referred and a summary of it to the secretary of state and, on	7993
the same day or within one business day before or after that day,	7994
submit a copy of the petition, measure, and summary to the	7995
attorney general.	7996

(2) Not later than ten business days after receiving the	7997
petition, measure, and summary, the secretary of state shall do	7998
both of the following:	7999

(a) Have the validity of the signatures on the petition	8000
verified;	8001

(b) After comparing the text of the measure to be referred	8002
with the copy of the enrolled act on file in the secretary of	8003
state's office containing the law, section, or item of law,	8004
determine whether the text is correct and, if it is, so certify.	8005

(3) Not later than ten business days after receiving a copy	8006
of the petition, measure, and summary, the attorney general shall	8007
examine the summary and, if in the attorney general's opinion, the	8008
summary is a fair and truthful statement of the measure to be	8009
referred, so certify.	8010

(C) Any person who is aggrieved by a certification decision	8011
under division (A) or (B) of this section may challenge the	8012
certification or failure to certify of the attorney general in the	8013
supreme court, which shall have exclusive, original jurisdiction	8014
in all challenges of those certification decisions.	8015

Sec. 3519.16. The circulator of any part-petition, the	8016
committee interested in the petition, or any elector may file with	8017
the board of elections a protest against the board's findings made	8018
pursuant to section 3519.15 of the Revised Code. Protests shall be	8019
in writing and shall specify reasons for the protest. Protests for	8020
all initiative and referendum petitions other than those to be	8021
voted on by electors throughout the entire state shall be filed	8022
not later than four p.m. of the seventy-fourth day before the day	8023
of the election. Once a protest is filed, the board shall proceed	8024
to establish the sufficiency or insufficiency of the signatures	8025
and of the verification of those signatures in an action before	8026
the court of common pleas in the county. The action shall be	8027
brought within three days after the protest is filed, and it shall	8028
be heard forthwith by a judge of that court, whose decision shall	8029
be certified to the board. The signatures that are adjudged	8030
sufficient or the part-petitions that are adjudged properly	8031
verified shall be included with the others by the board, and those	8032
found insufficient and all those part-petitions that are adjudged	8033
not properly verified shall not be included.Pursuant to Section	8034
1g of Article II, Ohio Constitution, the supreme court of Ohio	8035
shall have original, exclusive jurisdiction in all challenges to	8036
initiative and referendum petitions.	8037

The properly verified part-petitions, together with the	8038
report of the board, shall be returned to the secretary of state	8039
not less than sixty days before the election, provided that, in	8040
the case of an initiated law to be presented to the general	8041
assembly, the boards shall promptly check and return the petitions	8042
together with their report. The secretary of state shall notify,	8043
by certified mail,the chairpersoneach member of the committee	8044
in charge of the circulation as to the sufficiency or	8045
insufficiency of the petition and the extent of the insufficiency.	8046

If the petition is found insufficient because of an	8047
insufficient number of valid signatures, the committee shall be	8048
allowed ten additional days after the notification byfirst member	8049
of the committee receives notice of the petition's insufficiency	8050
by certified mail from the secretary of state for the filing of	8051
additional signatures to the petition. No additional signatures	8052
shall be collected by the circulator of a referendum petition	8053
during the period beginning ninety days after the governor filed	8054
the bill that is the subject of the referendum with the secretary	8055
of state and ending on the date that the secretary of state	8056
notifies the circulators that the petition has an insufficient	8057
number of valid signatures. The part-petitions of the	8058
supplementary petition that appear to the secretary of state to be	8059
properly verified, upon their receipt by the secretary of state,	8060
shall forthwith be forwarded to the boards of the several counties	8061
together with the part-petitions of the original petition that	8062
have been properly verified. They shall be immediately examined	8063
and passed upon as to the validity and sufficiency of the	8064
signatures on them by each of the boards and returned within five	8065
days to the secretary of state with the report of each board. No	8066
signature on a supplementary part-petition that is the same as a	8067
signature on an original part-petition shall be counted. The	8068
number of signatures in both the original and supplementary	8069
petitions, properly verified, shall be used by the secretary of	8070
state in determining the total number of signatures to the	8071
petition that the secretary of state shall record and announce. If	8072
they are sufficient, the amendment, proposed law, or law shall be	8073
placed on the ballot as required by law. If the petition is found	8074
insufficient, the secretary of state shall notify the committee in	8075
charge of the circulation of the petition.	8076

Sec. 3599.03.  (A)(1) Except to carry on activities specified	8077
in sections 3517.082 and 3517.1011, division (A)(2) of section	8078
3517.1012, division (B) of section 3517.1013, division (C)(1) of	8079
section 3517.1014, and section 3599.031 of the Revised Code and	8080
except as provided in divisions (D), (E), and (F) of this section,	8081
noNo corporation, no nonprofit corporation, and no labor	8082
organization, directly or indirectly, shall pay or use, or offer,	8083
advise, consent, or agree to pay or use, the corporation's money	8084
or property, or the labor organization's money, including dues,	8085
initiation fees, or other assessments paid by members, or	8086
property, for or in aid of or oppositionto make a contribution to	8087
a political party, a candidate for election or nomination to	8088
public office, a political action committee including a political	8089
action committee of the corporation or labor organization, a	8090
legislative campaign fund, or any organization that supports or	8091
opposes any such candidate, or for any partisan political purpose,	8092
shall violate any law requiring the filing of an affidavit or	8093
statement respecting such use of those funds, or shall pay or use	8094
the corporation's or labor organization's money for the expenses	8095
of a social fund-raising event for its political action committee	8096
if an employee's or labor organization member's right to attend	8097
such an event is predicated on the employee's or member's	8098
contribution to the corporation's or labor organization's	8099
political action committee.	8100

(2) Whoever violates division (A)(1) of this section shall be	8101
fined not less than five hundred nor more than five thousand	8102
dollars.	8103

(B)(1) No officer, stockholder, attorney, or agent of a	8104
corporation or nonprofit corporation, no member, including an	8105
officer, attorney, or agent, of a labor organization, and no	8106
candidate, political party official, or other individual shall	8107
knowingly aid, advise, solicit, or receive money or other property	8108
in violation of division (A)(1) of this section.	8109

(2) Whoever violates division (B)(1) of this section shall be	8110
fined not more than one thousand dollars, or imprisoned not more	8111
than one year, or both.	8112

(C) A corporation, a nonprofit corporation, or a labor	8113
organization may use its funds or property for or in aid of or	8114
opposition to a proposed or certified ballot issue. Such use of	8115
funds or property shall be reported on a form prescribed by the	8116
secretary of state. Reports of contributions in connection with	8117
statewide ballot issues shall be filed with the secretary of	8118
state. Reports of contributions in connection with local issues	8119
shall be filed with the board of elections of the most populous	8120
county of the district in which the issue is submitted or to be	8121
submitted to the electors. Reports made pursuant to this division	8122
shall be filed by the times specified in divisions (A)(1) and (2)	8123
of section 3517.10 of the Revised Code.	8124

(D)(1) Any gift made pursuant to section 3517.101 of the	8125
Revised Code does not constitute a violation of this section or of	8126
any other section of the Revised Code.	8127

(2) Any gift made pursuant to division (A)(2) of section	8128
3517.1012 of the Revised Code does not constitute a violation of	8129
this section.	8130

(3) Any gift made pursuant to division (B) of section	8131
3517.1013 of the Revised Code does not constitute a violation of	8132
this section.	8133

(4) Any donation made pursuant to division (C)(1) of section	8134
3517.1014 of the Revised Code does not constitute a violation of	8135
this section.	8136

(E) Any compensation or fees paid by a financial institution	8137
to a state political party for services rendered pursuant to	8138
division (B) of section 3517.19 of the Revised Code do not	8139
constitute a violation of this section or of any other section of	8140
the Revised Code.	8141

(F)(1) The use by a nonprofit corporation of its money or	8142
property for communicating information for a purpose specified in	8143
division (A) of this section is not a violation of that division	8144
if the stockholders, members, donors, trustees, or officers of the	8145
nonprofit corporation are the predominant recipients of the	8146
communication.	8147

(2) The placement of a campaign sign on the property of a	8148
corporation, nonprofit corporation, or labor organization is not a	8149
use of property in violation of division (A) of this section by	8150
that corporation, nonprofit corporation, or labor organization.	8151

(3) The use by a corporation or labor organization of its	8152
money or property for communicating information for a purpose	8153
specified in division (A) of this section is not a violation of	8154
that division if it is not a communication made by mass broadcast	8155
such as radio or television or made by advertising in a newspaper	8156
of general circulation but is a communication sent exclusively to	8157
members, employees, officers, or trustees of that labor	8158
organization or shareholders, employees, officers, or directors of	8159
that corporation or to members of the immediate families of any	8160
such individuals or if the communication intended to be so sent	8161
exclusively is unintentionally sent as well to a de minimis number	8162
of other individuals.	8163

(G) In addition to the laws listed in division (A) of section	8164
4117.10 of the Revised Code that prevail over conflicting	8165
agreements between employee organizations and public employers,	8166
this section prevails over any conflicting provisions of	8167
agreements between labor organizations and public employers that	8168
are entered into on or after March 31, 2005, pursuant to Chapter	8169
4117. of the Revised Code.	8170

(H) As used in this section, "labor organization" has the	8171
same meaning as in section 3517.01 of the Revised Code.	8172

Sec. 3599.07.  No judge of electionsprecinct election	8173
official, observer, or police officer admitted into the polling	8174
rooms at the election, at any time while the polls are open, shall	8175
have in the individual's possession, distribute, or give out any	8176
ballot or ticket to any person on any pretense during the	8177
receiving, counting, or certifying of the votes, or have any	8178
ballot or ticket in the individual's possession or control, except	8179
in the proper discharge of the individual's official duty in	8180
receiving, counting, or canvassing the votes. This section does	8181
not prevent the lawful exercise by a judge of electionsprecinct	8182
election official or observer of the individual right to vote at	8183
such election.	8184

Sec. 3599.17.  (A) No elections official serving as a	8185
registrar or judge of electionsprecinct election official shall	8186
do any of the following:	8187

(1) Fail to appear before the board of elections, or its	8188
representative, after notice has been served personally upon the	8189
official or left at the official's usual place of residence, for	8190
examination as to the official's qualifications;	8191

(2) Fail to appear at the polling place to which the official	8192
is assigned at the hour and during the hours set for the	8193
registration or election;	8194

(3) Fail to take the oath prescribed by section 3501.31 of	8195
the Revised Code, unless excused by such board;	8196

(4) Refuse or sanction the refusal of another registrar or	8197
judge of electionsprecinct election official to administer an	8198
oath required by law;	8199

(5) Fail to send notice to the board of the appointment of a	8200
judgeprecinct election official to fill a vacancy;	8201

(6) Act as registrar or judgeprecinct election official	8202
without having been appointed and having received a certificate of	8203
appointment, except a judgeprecinct election official appointed	8204
to fill a vacancy caused by absence or removal;	8205

(7) Fail in any other way to perform any duty imposed by law.

8206

(B) Whoever violates division (A) of this section is guilty	8207
of a misdemeanor of the first degree.	8208

Sec. 3599.19.  (A) No judge of electionsprecinct election	8209
official shall knowingly do any of the following:	8210

(1) Unlawfully open or permit to be opened the sealed package	8211
containing registration lists, ballots, blanks, pollbooks, and	8212
other papers and material to be used in an election;	8213

(2) Unlawfully misplace, carry away, negligently lose or	8214
permit to be taken from the judgeprecinct election official, fail	8215
to deliver, or destroy any such packages, papers, or material;	8216

(3) Receive or sanction the reception of a ballot from a	8217
person not a qualified elector or from a person who refused to	8218
answer a question in accordance with the election law;	8219

(4) Refuse to receive or sanction the rejection of a ballot	8220
from a person, knowing that person to be a qualified elector;	8221

(5) Permit a fraudulent ballot to be placed in the ballot	8222
box;	8223

(6) Place or permit to be placed in any ballot box any ballot	8224
known by the judgeprecinct election official to be improperly or	8225
falsely marked;	8226

(7) Count or permit to be counted any illegal or fraudulent	8227
ballot;	8228

(8) Mislead an elector who is physically unable to prepare	8229
the elector's ballot, mark a ballot for such elector otherwise	8230
than as directed by that elector, or disclose to any person,	8231
except when legally required to do so, how such elector voted;	8232

(9) Alter or mark or permit any alteration or marking on any	8233
ballot when counting the ballots;	8234

(10) Unlawfully count or tally or sanction the wrongful	8235
counting or tallying of votes;	8236

(11) After the counting of votes commences, as required by	8237
law, postpone or sanction the postponement of the counting of	8238
votes, adjourn at any time or to any place, or remove the ballot	8239
box from the place of voting, or from the custody or presence of	8240
all the judges of such electionsprecinct election officials;	8241

(12) Permit any ballot to remain or to be in the ballot box	8242
at the opening of the polls, or to be put in the box during the	8243
counting of the ballots, or to be left in the box without being	8244
counted;	8245

(13) Admit or sanction the admission to the polling room at	8246
an election during the receiving, counting, and certifying of	8247
votes of any person not qualified by law to be so admitted;	8248

(14) Refuse to admit or sanction the refusal to admit any	8249
person, upon lawful request for admission, who is legally	8250
qualified to be present;	8251

(15) Permit or sanction the counting of the ballots contrary	8252
to the manner prescribed by law;	8253

(16) Neglect or unlawfully execute any duty enjoined upon the	8254
judgeprecinct election official by law.	8255

(B) Whoever violates division (A) of this section is guilty	8256
of a misdemeanor of the first degree.	8257

Sec. 3599.30.  No school operated by a school district, no	8258
community school established under Chapter 3314. of the Revised	8259
Code, no STEM school established under Chapter 3326. of the	8260
Revised Code, and no chartered nonpublic school shall, during the	8261
regular school day, transport one or more students to a polling	8262
place or board of elections for the purpose of casting a ballot.	8263

Sec. 3599.31.  No officer of the law shall fail to obey	8264
forthwith an order of the presiding judgevoting location manager	8265
and aid in enforcing a lawful order of the presiding judgesvoting	8266
location manager at an election, against persons unlawfully	8267
congregating or loitering within one hundred feet of a polling	8268
place, hindering or delaying an elector from reaching or leaving	8269
the polling place, soliciting or attempting, within one hundred	8270
feet of the polling place, to influence an elector in casting the	8271
elector's vote, or interfering with the registration of voters or	8272
casting and counting of the ballots.	8273

Whoever violates this section is guilty of a misdemeanor of	8274
the first degree.	8275

Section 2.  That existing sections 111.27, 511.27, 1545.21,	8276
3501.01, 3501.05, 3501.051, 3501.10, 3501.13, 3501.17, 3501.22,	8277
3501.26, 3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32,	8278
3501.33, 3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.14,	8279
3503.15, 3503.16, 3503.18, 3503.19, 3503.21, 3503.26, 3503.28,	8280
3505.11, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20,	8281
3505.21, 3505.23, 3505.24, 3505.26, 3505.28, 3505.29, 3505.30,	8282
3505.31, 3506.05, 3506.12, 3506.15, 3509.01, 3509.02, 3509.03,	8283
3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09,	8284
3511.02, 3511.04, 3511.05, 3511.06, 3511.07, 3511.08, 3511.09,	8285
3511.10, 3511.11, 3511.13, 3511.14, 3513.02, 3513.12, 3513.131,	8286
3513.19, 3513.21, 3513.262, 3513.30, 3515.04, 3517.10, 3517.102,	8287
3517.103, 3517.1011, 3517.153, 3517.154, 3517.155, 3517.992,	8288
3519.01, 3519.16, 3599.03, 3599.07, 3599.17, 3599.19, and 3599.31	8289
and sections 3503.29, 3506.16, 3513.301, 3513.312, and 3517.1010	8290
of the Revised Code are hereby repealed.	8291

Section 3. That sections 3.02, 302.09, 305.02, 503.24,	8292
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code	8293
be amended to read as follows, to make those sections consistent	8294
with the requirements of the Ohio Constitution:	8295

Sec. 3.02.  (A) When an elective office becomes vacant and is	8296
filled by appointment, such appointee shall hold the office until	8297
the appointee's successor is elected and qualified; and such	8298
successor shall be elected for the unexpired term, at the first	8299
general election for the office which is vacant that occurs more	8300
than fifty-sixforty days after the vacancy has occurred; provided	8301
that when the unexpired term ends within one year immediately	8302
following the date of such general election, an election to fill	8303
such unexpired term shall not be held and the appointment shall be	8304
for such unexpired term.	8305

(B) When an elective office becomes vacant and is filled by	8306
appointment, the appointing authority shall, immediately but no	8307
later than seven days after making the appointment, certify it to	8308
the board of elections and to the secretary of state. The board of	8309
elections or, in the case of an appointment to a statewide office,	8310
the secretary of state shall issue a certificate of appointment to	8311
the appointee. Certificates of appointment shall be in such form	8312
as the secretary of state shall prescribe.	8313

(C) When an elected candidate fails to qualify for the office	8314
to which the candidate has been elected, the office shall be	8315
filled as in the case of a vacancy. Until so filled, the incumbent	8316
officer shall continue to hold office. This section does not	8317
postpone the time for such election beyond that at which it would	8318
have been held had no such vacancy occurred, or affect the	8319
official term, or the time for the commencement thereof, of any	8320
person elected to such office before the occurrence of such	8321
vacancy.	8322

Sec. 302.09.  When a vacancy occurs in the board of county	8323
commissioners or in the office of county auditor, county	8324
treasurer, prosecuting attorney, clerk of the court of common	8325
pleas, sheriff, county recorder, county engineer, or coroner more	8326
than fifty-sixforty days before the next general election for	8327
state and county officers, the vacancy shall be filled as provided	8328
for in divisions (A) and (B) of section 305.02 of the Revised	8329
Code.	8330

Sec. 305.02.  (A) If a vacancy in the office of county	8331
commissioner, prosecuting attorney, county auditor, county	8332
treasurer, clerk of the court of common pleas, sheriff, county	8333
recorder, county engineer, or coroner occurs more than fifty-six	8334
forty days before the next general election for state and county	8335
officers, a successor shall be elected at such election for the	8336
unexpired term unless such term expires within one year	8337
immediately following the date of such general election.	8338

In either event, the vacancy shall be filled as provided in	8339
this section, and the appointee shall hold office until a	8340
successor is elected and qualified.	8341

(B) If a vacancy occurs from any cause in any of the offices	8342
named in division (A) of this section, the county central	8343
committee of the political party with which the last occupant of	8344
the office was affiliated shall appoint a person to hold the	8345
office and to perform the duties thereof until a successor is	8346
elected and has qualified, except that if such vacancy occurs	8347
because of the death, resignation, or inability to take the office	8348
of an officer-elect whose term has not yet begun, an appointment	8349
to take such office at the beginning of the term shall be made by	8350
the central committee of the political party with which such	8351
officer-elect was affiliated.	8352

(C) Not less than five nor more than forty-five days after a	8353
vacancy occurs, the county central committee shall meet for the	8354
purpose of making an appointment under this section. Not less than	8355
four days before the date of such meeting the chairperson or	8356
secretary of such central committee shall send by first class mail	8357
to every member of such central committee a written notice which	8358
shall state the time and place of such meeting and the purpose	8359
thereof. A majority of the members of the central committee	8360
present at such meeting may make the appointment.	8361

(D) If the last occupant of the office or the officer-elect	8362
was elected as an independent candidate, the board of county	8363
commissioners shall make such appointment at the time when the	8364
vacancy occurs, except where the vacancy is in the office of	8365
county commissioner, in which case the prosecuting attorney and	8366
the remaining commissioners or a majority of them shall make the	8367
appointment.	8368

(E) Appointments made under this section shall be certified	8369
by the appointing county central committee or by the board of	8370
county commissioners to the county board of elections and to the	8371
secretary of state, and the persons so appointed and certified	8372
shall be entitled to all remuneration provided by law for the	8373
offices to which they are appointed.	8374

(F) The board of county commissioners may appoint a person to	8375
hold any of the offices named in division (A) of this section as	8376
an acting officer and to perform the duties thereof between the	8377
occurrence of the vacancy and the time when the officer appointed	8378
by the central committee qualifies and takes the office.	8379

(G) A person appointed prosecuting attorney or assistant	8380
prosecuting attorney shall give bond and take the oath of office	8381
prescribed by section 309.03 of the Revised Code for the	8382
prosecuting attorney.	8383

Sec. 503.24.  If there is a vacancy by reason of the	8384
nonacceptance, death, or removal of a person chosen to an office	8385
in any township at the regular election, or if there is a vacancy	8386
from any other cause, the board of township trustees shall appoint	8387
a person having the qualifications of an elector to fill such	8388
vacancy for the unexpired term or until a successor is elected.	8389

If a township is without a board or if no appointment is made	8390
within thirty days after the occurrence of a vacancy, a majority	8391
of the persons designated as the committee of five on the	8392
last-filed nominating petition of the township officer whose	8393
vacancy is to be filled who are residents of the township shall	8394
appoint a person having the qualifications of an elector to fill	8395
the vacancy for the unexpired term or until a successor is	8396
elected. If at least three of the committee members who are	8397
residents of the township cannot be found, or if that number of	8398
such members fails to make an appointment within ten days after	8399
the thirty-day period in which the board of township trustees is	8400
authorized to make an appointment, then the presiding probate	8401
judge of the county shall appoint a suitable person having the	8402
qualifications of an elector in the township to fill the vacancy	8403
for the unexpired term or until a successor is elected.	8404

If a vacancy occurs in a township elective office more than	8405
fifty-sixforty days before the next general election for	8406
municipal and township officers a successor shall be chosen at	8407
that election to fill the unexpired term, provided the term does	8408
not expire within one year from the day of the election. If the	8409
term expires within one year from the day of the next general	8410
election for municipal and township officers, a successor	8411
appointed pursuant to this section shall serve out the unexpired	8412
term.	8413

Sec. 733.31.  (A) Unless otherwise provided by law, vacancies	8414
arising in appointive and elective offices of villages shall be	8415
filled by appointment by the mayor for the remainder of the	8416
unexpired term, provided that:	8417

(1) Vacancies in the office of mayor shall be filled in the	8418
manner provided by section 733.25 of the Revised Code;	8419

(2) Vacancies in the membership of the legislative authority	8420
shall be filled in the manner provided by section 731.43 of the	8421
Revised Code;	8422

(3) Vacancies in the office of president pro tempore of a	8423
village legislative authority shall be filled in the manner	8424
provided by section 731.11 of the Revised Code.	8425

In the event of a vacancy in the office of village clerk or	8426
treasurer, the mayor may appoint a person to serve as an acting	8427
officer to perform the duties of the office until a permanent	8428
officer is appointed to fill the vacancy.	8429

(B) Unless otherwise provided by law, vacancies arising in	8430
appointive offices of cities shall be filled by appointment by the	8431
mayor for the remainder of the unexpired term.	8432

(C) A vacancy in the office of president of the legislative	8433
authority of a city shall be filled in the same manner as provided	8434
in division (D) of this section. Vacancies in the office of mayor	8435
of a city shall be filled in the manner provided in section 733.08	8436
of the Revised Code. Vacancies in the membership of the	8437
legislative authority of a city shall be filled in the manner	8438
provided in section 731.43 of the Revised Code.	8439

(D) In case of the death, resignation, removal, or disability	8440
of the director of law, auditor, or treasurer of a city and such	8441
vacancy occurs more than fifty-sixforty days before the next	8442
general election for such office, a successor shall be elected at	8443
such election for the unexpired term unless such term expires	8444
within one year immediately following the date of such general	8445
election. In either event, the vacancy shall be filled as provided	8446
in this section and the appointee shall hold office until a	8447
successor is elected and qualified.	8448

(1) The county central committee of the political party with	8449
which the last occupant of the office was affiliated, acting	8450
through its members who reside in the city where the vacancy	8451
occurs, shall appoint a person to hold the office and to perform	8452
the duties thereof until a successor is elected and has qualified,	8453
except that if such vacancy occurs because of the death,	8454
resignation, or inability to take the office of an officer-elect	8455
whose term has not yet begun, an appointment to take such office	8456
at the beginning of the term shall be made by the members of the	8457
central committee who reside in the city where the vacancy occurs.	8458

(2) Not less than five nor more than forty-five days after a	8459
vacancy occurs, the county central committee, acting through its	8460
members who reside in the city where the vacancy occurs, shall	8461
meet for the purpose of making an appointment. Not less than four	8462
days before the date of the meeting the chairperson or secretary	8463
of the central committee shall send by first class mail to every	8464
member of such central committee who resides in the city where the	8465
vacancy occurs a written notice which shall state the time and	8466
place of such meeting and the purpose thereof. A majority of the	8467
members of the central committee present at such meeting may make	8468
the appointment.	8469

(E) If the last occupant of the office or the officer-elect,	8470
as provided in division (D) of this section, was elected as an	8471
independent candidate, the mayor of the city shall make the	8472
appointment at the time the vacancy occurs.	8473

(F) Appointments made under this section shall be certified	8474
by the appointing county central committee or by the mayor of the	8475
municipal corporation to the county board of elections and to the	8476
secretary of state. The persons so appointed and certified shall	8477
be entitled to all remuneration provided by law for the offices to	8478
which they are appointed.	8479

(G) The mayor of the city may appoint a person to hold the	8480
city office of director of law, auditor, or treasurer as an acting	8481
officer and to perform the duties thereof between the occurrence	8482
of the vacancy and the time when the person appointed by the	8483
central committee qualifies and takes the office.	8484

Sec. 1901.10.  (A)(1)(a) The judges of the municipal court	8485
and officers of the court shall take an oath of office as provided	8486
in section 3.23 of the Revised Code. The office of judge of the	8487
municipal court is subject to forfeiture, and the judge may be	8488
removed from office, for the causes and by the procedure provided	8489
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	8490
office of judge exists upon the death, resignation, forfeiture,	8491
removal from office, or absence from official duties for a period	8492
of six consecutive months, as determined under this section, of	8493
the judge and also by reason of the expiration of the term of an	8494
incumbent when no successor has been elected or qualified. The	8495
chief justice of the supreme court may designate a judge of	8496
another municipal court to act until that vacancy is filled in	8497
accordance with section 107.08 of the Revised Code. A vacancy	8498
resulting from the absence of a judge from official duties for a	8499
period of six consecutive months shall be determined and declared	8500
by the legislative authority.	8501

(b) If a vacancy occurs in the office of judge or clerk of	8502
the municipal court after the one-hundredth day before the first	8503
Tuesday after the first Monday in May and prior to the fifty-sixth	8504
fortieth day before the day of the general election, all	8505
candidates for election to the unexpired term of the judge or	8506
clerk shall file nominating petitions with the board of elections	8507
not later than four p.m. on the tenth day following the day on	8508
which the vacancy occurs, except that, when the vacancy occurs	8509
fewer than foursix days before the fifty-sixthfortieth day	8510
before the general election, the deadline for filing shall be four	8511
p.m. on the fiftieththirty-sixth day before the day of the	8512
general election.	8513

(c) Each nominating petition referred to in division	8514
(A)(1)(b) of this section shall be in the form prescribed in	8515
section 3513.261 of the Revised Code and shall be signed by at	8516
least fifty qualified electors of the territory of the municipal	8517
court. No nominating petition shall be accepted for filing or	8518
filed if it appears on its face to contain signatures aggregating	8519
in number more than twice the minimum aggregate number of	8520
signatures required by this section.	8521

(2) If a judge of a municipal court that has only one judge	8522
is temporarily absent, incapacitated, or otherwise unavailable,	8523
the judge may appoint a substitute who has the qualifications	8524
required by section 1901.06 of the Revised Code or a retired judge	8525
of a court of record who is a qualified elector and a resident of	8526
the territory of the court. If the judge is unable to make the	8527
appointment, the chief justice of the supreme court shall appoint	8528
a substitute. The appointee shall serve during the absence,	8529
incapacity, or unavailability of the incumbent, shall have the	8530
jurisdiction and powers conferred upon the judge of the municipal	8531
court, and shall be styled "acting judge." During that time of	8532
service, the acting judge shall sign all process and records and	8533
shall perform all acts pertaining to the office, except that of	8534
removal and appointment of officers of the court. All courts shall	8535
take judicial notice of the selection and powers of the acting	8536
judge. The incumbent judge shall establish the amount of	8537
compensation of an acting judge upon either a per diem, hourly, or	8538
other basis, but the rate of pay shall not exceed the per diem	8539
amount received by the incumbent judge.	8540

(B) When the volume of cases pending in any municipal court	8541
necessitates an additional judge, the chief justice of the supreme	8542
court, upon the written request of the judge or presiding judge of	8543
that municipal court, may designate a judge of another municipal	8544
court or county court to serve for any period of time that the	8545
chief justice may prescribe. The compensation of a judge so	8546
designated shall be paid from the city treasury or, in the case of	8547
a county-operated municipal court, from the county treasury. In	8548
addition to the annual salary provided for in section 1901.11 of	8549
the Revised Code and in addition to any compensation under	8550
division (A)(5) or (6) of section 141.04 of the Revised Code to	8551
which the judge is entitled in connection with the judge's own	8552
court, a full-time or part-time judge while holding court outside	8553
the judge's territory on the designation of the chief justice	8554
shall receive actual and necessary expenses and compensation as	8555
follows:	8556

(1) A full-time judge shall receive thirty dollars for each	8557
day of the assignment.	8558

(2) A part-time judge shall receive for each day of the	8559
assignment the per diem compensation of the judges of the court to	8560
which the judge is assigned, less the per diem amount paid to	8561
those judges pursuant to section 141.04 of the Revised Code,	8562
calculated on the basis of two hundred fifty working days per	8563
year.	8564

If a request is made by a judge or the presiding judge of a	8565
municipal court to designate a judge of another municipal court	8566
because of the volume of cases in the court for which the request	8567
is made and the chief justice reports, in writing, that no	8568
municipal or county court judge is available to serve by	8569
designation, the judges of the court requesting the designation	8570
may appoint a substitute as provided in division (A)(2) of this	8571
section, who may serve for any period of time that is prescribed	8572
by the chief justice. The substitute judge shall be paid in the	8573
same manner and at the same rate as the incumbent judges, except	8574
that, if the substitute judge is entitled to compensation under	8575
division (A)(5) or (6) of section 141.04 of the Revised Code, then	8576
section 1901.121 of the Revised Code shall govern its payment.	8577

Sec. 2301.02.  The number of judges of the court of common	8578
pleas for each county, the time for the next election of the	8579
judges in the several counties, and the beginning of their terms	8580
shall be as follows:	8581

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	8582
elected in 1956, term to begin February 9, 1957;	8583

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	8584
Ottawa, and Union counties, one judge, to be elected in 1954, term	8585
to begin February 9, 1955;	8586

In Auglaize county, one judge, to be elected in 1956, term to	8587
begin January 9, 1957;	8588

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	8589
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	8590
Wyandot counties, one judge, to be elected in 1956, term to begin	8591
January 1, 1957;	8592

In Morrow county, two judges, one to be elected in 1956, term	8593
to begin January 1, 1957, and one to be elected in 2006, term to	8594
begin January 1, 2007;	8595

In Logan county, two judges, one to be elected in 1956, term	8596
to begin January 1, 1957, and one to be elected in 2004, term to	8597
begin January 2, 2005;	8598

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	8599
Shelby, Van Wert, and Williams counties, one judge, to be elected	8600
in 1952, term to begin January 1, 1953;	8601

In Champaign county, two judges, one to be elected in 1952,	8602
term to begin January 1, 1953, and one to be elected in 2008, term	8603
to begin February 10, 2009.	8604

In Harrison and Noble counties, one judge, to be elected in	8605
1954, term to begin April 18, 1955;	8606

In Henry county, two judges, one to be elected in 1956, term	8607
to begin May 9, 1957, and one to be elected in 2004, term to begin	8608
January 1, 2005;	8609

In Putnam county, one judge, to be elected in 1956, term to	8610
begin May 9, 1957;	8611

In Huron county, one judge, to be elected in 1952, term to	8612
begin May 14, 1953;	8613

In Perry county, one judge, to be elected in 1954, term to	8614
begin July 6, 1956;	8615

In Sandusky county, two judges, one to be elected in 1954,	8616
term to begin February 10, 1955, and one to be elected in 1978,	8617
term to begin January 1, 1979;	8618

(B) In Allen county, three judges, one to be elected in 1956,	8619
term to begin February 9, 1957, the second to be elected in 1958,	8620
term to begin January 1, 1959, and the third to be elected in	8621
1992, term to begin January 1, 1993;	8622

In Ashtabula county, three judges, one to be elected in 1954,	8623
term to begin February 9, 1955, one to be elected in 1960, term to	8624
begin January 1, 1961, and one to be elected in 1978, term to	8625
begin January 2, 1979;	8626

In Athens county, two judges, one to be elected in 1954, term	8627
to begin February 9, 1955, and one to be elected in 1990, term to	8628
begin July 1, 1991;	8629

In Erie county, four judges, one to be elected in 1956, term	8630
to begin January 1, 1957, the second to be elected in 1970, term	8631
to begin January 2, 1971, the third to be elected in 2004, term to	8632
begin January 2, 2005, and the fourth to be elected in 2008, term	8633
to begin February 9, 2009;	8634

In Fairfield county, three judges, one to be elected in 1954,	8635
term to begin February 9, 1955, the second to be elected in 1970,	8636
term to begin January 1, 1971, and the third to be elected in	8637
1994, term to begin January 2, 1995;	8638

In Geauga county, two judges, one to be elected in 1956, term	8639
to begin January 1, 1957, and the second to be elected in 1976,	8640
term to begin January 6, 1977;	8641

In Greene county, four judges, one to be elected in 1956,	8642
term to begin February 9, 1957, the second to be elected in 1960,	8643
term to begin January 1, 1961, the third to be elected in 1978,	8644
term to begin January 2, 1979, and the fourth to be elected in	8645
1994, term to begin January 1, 1995;	8646

In Hancock county, two judges, one to be elected in 1952,	8647
term to begin January 1, 1953, and the second to be elected in	8648
1978, term to begin January 1, 1979;	8649

In Lawrence county, two judges, one to be elected in 1954,	8650
term to begin February 9, 1955, and the second to be elected in	8651
1976, term to begin January 1, 1977;	8652

In Marion county, three judges, one to be elected in 1952,	8653
term to begin January 1, 1953, the second to be elected in 1976,	8654
term to begin January 2, 1977, and the third to be elected in	8655
1998, term to begin February 9, 1999;	8656

In Medina county, three judges, one to be elected in 1956,	8657
term to begin January 1, 1957, the second to be elected in 1966,	8658
term to begin January 1, 1967, and the third to be elected in	8659
1994, term to begin January 1, 1995;	8660

In Miami county, two judges, one to be elected in 1954, term	8661
to begin February 9, 1955, and one to be elected in 1970, term to	8662
begin on January 1, 1971;	8663

In Muskingum county, three judges, one to be elected in 1968,	8664
term to begin August 9, 1969, one to be elected in 1978, term to	8665
begin January 1, 1979, and one to be elected in 2002, term to	8666
begin January 2, 2003;	8667

In Portage county, three judges, one to be elected in 1956,	8668
term to begin January 1, 1957, the second to be elected in 1960,	8669
term to begin January 1, 1961, and the third to be elected in	8670
1986, term to begin January 2, 1987;	8671

In Ross county, two judges, one to be elected in 1956, term	8672
to begin February 9, 1957, and the second to be elected in 1976,	8673
term to begin January 1, 1977;	8674

In Scioto county, three judges, one to be elected in 1954,	8675
term to begin February 10, 1955, the second to be elected in 1960,	8676
term to begin January 1, 1961, and the third to be elected in	8677
1994, term to begin January 2, 1995;	8678

In Seneca county, two judges, one to be elected in 1956, term	8679
to begin January 1, 1957, and the second to be elected in 1986,	8680
term to begin January 2, 1987;	8681

In Warren county, four judges, one to be elected in 1954,	8682
term to begin February 9, 1955, the second to be elected in 1970,	8683
term to begin January 1, 1971, the third to be elected in 1986,	8684
term to begin January 1, 1987, and the fourth to be elected in	8685
2004, term to begin January 2, 2005;	8686

In Washington county, two judges, one to be elected in 1952,	8687
term to begin January 1, 1953, and one to be elected in 1986, term	8688
to begin January 1, 1987;	8689

In Wood county, three judges, one to be elected in 1968, term	8690
beginning January 1, 1969, the second to be elected in 1970, term	8691
to begin January 2, 1971, and the third to be elected in 1990,	8692
term to begin January 1, 1991;	8693

In Belmont and Jefferson counties, two judges, to be elected	8694
in 1954, terms to begin January 1, 1955, and February 9, 1955,	8695
respectively;	8696

In Clark county, four judges, one to be elected in 1952, term	8697
to begin January 1, 1953, the second to be elected in 1956, term	8698
to begin January 2, 1957, the third to be elected in 1986, term to	8699
begin January 3, 1987, and the fourth to be elected in 1994, term	8700
to begin January 2, 1995.	8701

In Clermont county, five judges, one to be elected in 1956,	8702
term to begin January 1, 1957, the second to be elected in 1964,	8703
term to begin January 1, 1965, the third to be elected in 1982,	8704
term to begin January 2, 1983, the fourth to be elected in 1986,	8705
term to begin January 2, 1987; and the fifth to be elected in	8706
2006, term to begin January 3, 2007;	8707

In Columbiana county, two judges, one to be elected in 1952,	8708
term to begin January 1, 1953, and the second to be elected in	8709
1956, term to begin January 1, 1957;	8710

In Delaware county, two judges, one to be elected in 1990,	8711
term to begin February 9, 1991, the second to be elected in 1994,	8712
term to begin January 1, 1995;	8713

In Lake county, six judges, one to be elected in 1958, term	8714
to begin January 1, 1959, the second to be elected in 1960, term	8715
to begin January 2, 1961, the third to be elected in 1964, term to	8716
begin January 3, 1965, the fourth and fifth to be elected in 1978,	8717
terms to begin January 4, 1979, and January 5, 1979, respectively,	8718
and the sixth to be elected in 2000, term to begin January 6,	8719
2001;	8720

In Licking county, four judges, one to be elected in 1954,	8721
term to begin February 9, 1955, one to be elected in 1964, term to	8722
begin January 1, 1965, one to be elected in 1990, term to begin	8723
January 1, 1991, and one to be elected in 2004, term to begin	8724
January 1, 2005;	8725

In Lorain county, nine judges, two to be elected in 1952,	8726
terms to begin January 1, 1953, and January 2, 1953, respectively,	8727
one to be elected in 1958, term to begin January 3, 1959, one to	8728
be elected in 1968, term to begin January 1, 1969, two to be	8729
elected in 1988, terms to begin January 4, 1989, and January 5,	8730
1989, respectively, two to be elected in 1998, terms to begin	8731
January 2, 1999, and January 3, 1999, respectively; and one to be	8732
elected in 2006, term to begin January 6, 2007;	8733

In Butler county, eleven judges, one to be elected in 1956,	8734
term to begin January 1, 1957; two to be elected in 1954, terms to	8735
begin January 1, 1955, and February 9, 1955, respectively; one to	8736
be elected in 1968, term to begin January 2, 1969; one to be	8737
elected in 1986, term to begin January 3, 1987; two to be elected	8738
in 1988, terms to begin January 1, 1989, and January 2, 1989,	8739
respectively; one to be elected in 1992, term to begin January 4,	8740
1993; two to be elected in 2002, terms to begin January 2, 2003,	8741
and January 3, 2003, respectively; and one to be elected in 2006,	8742
term to begin January 3, 2007;	8743

In Richland county, four judges, one to be elected in 1956,	8744
term to begin January 1, 1957, the second to be elected in 1960,	8745
term to begin February 9, 1961, the third to be elected in 1968,	8746
term to begin January 2, 1969, and the fourth to be elected in	8747
2004, term to begin January 3, 2005;	8748

In Tuscarawas county, two judges, one to be elected in 1956,	8749
term to begin January 1, 1957, and the second to be elected in	8750
1960, term to begin January 2, 1961;	8751

In Wayne county, two judges, one to be elected in 1956, term	8752
beginning January 1, 1957, and one to be elected in 1968, term to	8753
begin January 2, 1969;	8754

In Trumbull county, six judges, one to be elected in 1952,	8755
term to begin January 1, 1953, the second to be elected in 1954,	8756
term to begin January 1, 1955, the third to be elected in 1956,	8757
term to begin January 1, 1957, the fourth to be elected in 1964,	8758
term to begin January 1, 1965, the fifth to be elected in 1976,	8759
term to begin January 2, 1977, and the sixth to be elected in	8760
1994, term to begin January 3, 1995;	8761

(C) In Cuyahoga county, thirty-nine judges; eight to be	8762
elected in 1954, terms to begin on successive days beginning from	8763
January 1, 1955, to January 7, 1955, and February 9, 1955,	8764
respectively; eight to be elected in 1956, terms to begin on	8765
successive days beginning from January 1, 1957, to January 8,	8766
1957; three to be elected in 1952, terms to begin from January 1,	8767
1953, to January 3, 1953; two to be elected in 1960, terms to	8768
begin on January 8, 1961, and January 9, 1961, respectively; two	8769
to be elected in 1964, terms to begin January 4, 1965, and January	8770
5, 1965, respectively; one to be elected in 1966, term to begin on	8771
January 10, 1967; four to be elected in 1968, terms to begin on	8772
successive days beginning from January 9, 1969, to January 12,	8773
1969; two to be elected in 1974, terms to begin on January 18,	8774
1975, and January 19, 1975, respectively; five to be elected in	8775
1976, terms to begin on successive days beginning January 6, 1977,	8776
to January 10, 1977; two to be elected in 1982, terms to begin	8777
January 11, 1983, and January 12, 1983, respectively; and two to	8778
be elected in 1986, terms to begin January 13, 1987, and January	8779
14, 1987, respectively;	8780

In Franklin county, twenty-two judges; two to be elected in	8781
1954, terms to begin January 1, 1955, and February 9, 1955,	8782
respectively; four to be elected in 1956, terms to begin January	8783
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	8784
begin January 1, 1959, to January 4, 1959; three to be elected in	8785
1968, terms to begin January 5, 1969, to January 7, 1969; three to	8786
be elected in 1976, terms to begin on successive days beginning	8787
January 5, 1977, to January 7, 1977; one to be elected in 1982,	8788
term to begin January 8, 1983; one to be elected in 1986, term to	8789
begin January 9, 1987; two to be elected in 1990, terms to begin	8790
July 1, 1991, and July 2, 1991, respectively; one to be elected in	8791
1996, term to begin January 2, 1997; and one to be elected in	8792
2004, term to begin July 1, 2005;	8793

In Hamilton county, twenty-one judges; eight to be elected in	8794
1966, terms to begin January 1, 1967, January 2, 1967, and from	8795
February 9, 1967, to February 14, 1967, respectively; five to be	8796
elected in 1956, terms to begin from January 1, 1957, to January	8797
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	8798
one to be elected in 1974, term to begin January 15, 1975; one to	8799
be elected in 1980, term to begin January 16, 1981; two to be	8800
elected at large in the general election in 1982, terms to begin	8801
April 1, 1983; one to be elected in 1990, term to begin July 1,	8802
1991; and two to be elected in 1996, terms to begin January 3,	8803
1997, and January 4, 1997, respectively;	8804

In Lucas county, fourteen judges; two to be elected in 1954,	8805
terms to begin January 1, 1955, and February 9, 1955,	8806
respectively; two to be elected in 1956, terms to begin January 1,	8807
1957, and October 29, 1957, respectively; two to be elected in	8808
1952, terms to begin January 1, 1953, and January 2, 1953,	8809
respectively; one to be elected in 1964, term to begin January 3,	8810
1965; one to be elected in 1968, term to begin January 4, 1969;	8811
two to be elected in 1976, terms to begin January 4, 1977, and	8812
January 5, 1977, respectively; one to be elected in 1982, term to	8813
begin January 6, 1983; one to be elected in 1988, term to begin	8814
January 7, 1989; one to be elected in 1990, term to begin January	8815
2, 1991; and one to be elected in 1992, term to begin January 2,	8816
1993;	8817

In Mahoning county, seven judges; three to be elected in	8818
1954, terms to begin January 1, 1955, January 2, 1955, and	8819
February 9, 1955, respectively; one to be elected in 1956, term to	8820
begin January 1, 1957; one to be elected in 1952, term to begin	8821
January 1, 1953; one to be elected in 1968, term to begin January	8822
2, 1969; and one to be elected in 1990, term to begin July 1,	8823
1991;	8824

In Montgomery county, fifteen judges; three to be elected in	8825
1954, terms to begin January 1, 1955, January 2, 1955, and January	8826
3, 1955, respectively; four to be elected in 1952, terms to begin	8827
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	8828
respectively; one to be elected in 1964, term to begin January 3,	8829
1965; one to be elected in 1968, term to begin January 3, 1969;	8830
three to be elected in 1976, terms to begin on successive days	8831
beginning January 4, 1977, to January 6, 1977; two to be elected	8832
in 1990, terms to begin July 1, 1991, and July 2, 1991,	8833
respectively; and one to be elected in 1992, term to begin January	8834
1, 1993.	8835

In Stark county, eight judges; one to be elected in 1958,	8836
term to begin on January 2, 1959; two to be elected in 1954, terms	8837
to begin on January 1, 1955, and February 9, 1955, respectively;	8838
two to be elected in 1952, terms to begin January 1, 1953, and	8839
April 16, 1953, respectively; one to be elected in 1966, term to	8840
begin on January 4, 1967; and two to be elected in 1992, terms to	8841
begin January 1, 1993, and January 2, 1993, respectively;	8842

In Summit county, thirteen judges; four to be elected in	8843
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	8844
1955, and February 9, 1955, respectively; three to be elected in	8845
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	8846
1959, respectively; one to be elected in 1966, term to begin	8847
January 4, 1967; one to be elected in 1968, term to begin January	8848
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	8849
to be elected in 1992, term to begin January 6, 1993; and two to	8850
be elected in 2008, terms to begin January 5, 2009, and January 6,	8851
2009, respectively.	8852

Notwithstanding the foregoing provisions, in any county	8853
having two or more judges of the court of common pleas, in which	8854
more than one-third of the judges plus one were previously elected	8855
at the same election, if the office of one of those judges so	8856
elected becomes vacant more than fifty-sixforty days prior to the	8857
second general election preceding the expiration of that judge's	8858
term, the office that that judge had filled shall be abolished as	8859
of the date of the next general election, and a new office of	8860
judge of the court of common pleas shall be created. The judge who	8861
is to fill that new office shall be elected for a six-year term at	8862
the next general election, and the term of that judge shall	8863
commence on the first day of the year following that general	8864
election, on which day no other judge's term begins, so that the	8865
number of judges that the county shall elect shall not be reduced.	8866

Judges of the probate division of the court of common pleas	8867
are judges of the court of common pleas but shall be elected	8868
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	8869
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	8870
counties in which the judge of the court of common pleas elected	8871
pursuant to this section also shall serve as judge of the probate	8872
division, except in Lorain county in which the judges of the	8873
domestic relations division of the Lorain county court of common	8874
pleas elected pursuant to this section also shall perform the	8875
duties and functions of the judge of the probate division from	8876
February 9, 2009, through September 28, 2009, and except in Morrow	8877
county in which the judges of the court of common pleas elected	8878
pursuant to this section also shall perform the duties and	8879
functions of the judge of the probate division.	8880

Sec. 3501.02.  General elections in the state and its	8881
political subdivisions shall be held as follows:	8882

(A) For the election of electors of president and	8883
vice-president of the United States, in the year of 1932 and every	8884
four years thereafter;	8885

(B) For the election of a member of the senate of the United	8886
States, in the years 1932 and 1934, and every six years after each	8887
of such years; except as otherwise provided for filling vacancies;	8888

(C) For the election of representatives in the congress of	8889
the United States and of elective state and county officers	8890
including elected members of the state board of education, in the	8891
even-numbered years; except as otherwise provided for filling	8892
vacancies;	8893

(D) For municipal and township officers, members of boards of	8894
education, judges and clerks of municipal courts, in the	8895
odd-numbered years;	8896

(E)(1) Proposed constitutional amendments or proposed	8897
measures submitted by the general assembly or by initiative or	8898
referendum petitions to the voters of the state at large may be	8899
submitted to the general election in any year occurring at least	8900
sixty days, in case of a referendum, and ninetyone hundred	8901
twenty-five days, in the case of an initiated measure, subsequent	8902
to the filing of the petitions therefor. Proposed	8903

(2) Proposed constitutional amendments submitted by the	8904
general assembly to the voters of the state at large may be	8905
submitted at a special election or general election in any year	8906
occurring at least ninety days after the resolution is filed with	8907
the secretary of state. The proposed constitutional amendment may	8908
be submitted to the voters at a special election occurring on the	8909
day in any year specified by division (E) of section 3501.01 of	8910
the Revised Code for the holding of a primary election, whenif a	8911
special election on that date is designated by the general	8912
assembly in the resolution adopting the proposed constitutional	8913
amendment.	8914

No special election shall be held on a day other than the day	8915
of a general election, unless a law or charter provides otherwise,	8916
regarding the submission of a question or issue to the voters of a	8917
county, township, city, village, or school district.	8918

(F)(1) Notwithstanding any provision of the Revised Code to	8919
the contrary, any question or issue, except a candidacy, to be	8920
voted upon at an election shall be certified, for placement upon	8921
the ballot, to the board of elections not later than four p.m. of	8922
the ninetieth day before the day of the election.	8923

(2) Any question or issue that is certified for placement on	8924
a ballot on or after the effective date of this amendmentJuly 2,	8925
2010, shall be certified not later than the ninetieth day before	8926
the day of the applicable election, notwithstanding any deadlines	8927
appearing in any section of the Revised Code governing the	8928
placement of that question or issue on the ballot.	8929

Sec. 3513.31.  (A) If a person nominated in a primary	8930
election as a candidate for election at the next general election,	8931
whose candidacy is to be submitted to the electors of the entire	8932
state, withdraws as that candidate or is disqualified as that	8933
candidate under section 3513.052 of the Revised Code, the vacancy	8934
in the party nomination so created may be filled by the state	8935
central committee of the major political party that made the	8936
nomination at the primary election, if the committee's chairperson	8937
and secretary certify the name of the person selected to fill the	8938
vacancy by the time specified in this division, at a meeting	8939
called for that purpose. The meeting shall be called by the	8940
chairperson of that committee, who shall give each member of the	8941
committee at least two days' notice of the time, place, and	8942
purpose of the meeting. If a majority of the members of the	8943
committee are present at the meeting, a majority of those present	8944
may select a person to fill the vacancy. The chairperson and	8945
secretary of the meeting shall certify in writing and under oath	8946
to the secretary of state, not later than the eighty-sixth day	8947
before the day of the general election, the name of the person	8948
selected to fill the vacancy. The certification must be	8949
accompanied by the written acceptance of the nomination by the	8950
person whose name is certified. A vacancy that may be filled by an	8951
intermediate or minor political party shall be filled in	8952
accordance with the party's rules by authorized officials of the	8953
party. Certification must be made as in the manner provided for a	8954
major political party.	8955

(B) If a person nominated in a primary election as a party	8956
candidate for election at the next general election, whose	8957
candidacy is to be submitted to the electors of a district	8958
comprised of more than one county but less than all of the	8959
counties of the state, withdraws as that candidate or is	8960
disqualified as that candidate under section 3513.052 of the	8961
Revised Code, the vacancy in the party nomination so created may	8962
be filled by a district committee of the major political party	8963
that made the nomination at the primary election, if the	8964
committee's chairperson and secretary certify the name of the	8965
person selected to fill the vacancy by the time specified in this	8966
division, at a meeting called for that purpose. The district	8967
committee shall consist of the chairperson and secretary of the	8968
county central committee of such political party in each county in	8969
the district. The district committee shall be called by the	8970
chairperson of the county central committee of such political	8971
party of the most populous county in the district, who shall give	8972
each member of the district committee at least two days' notice of	8973
the time, place, and purpose of the meeting. If a majority of the	8974
members of the district committee are present at the district	8975
committee meeting, a majority of those present may select a person	8976
to fill the vacancy. The chairperson and secretary of the meeting	8977
shall certify in writing and under oath to the board of elections	8978
of the most populous county in the district, not later than four	8979
p.m. of the eighty-sixth day before the day of the general	8980
election, the name of the person selected to fill the vacancy. The	8981
certification must be accompanied by the written acceptance of the	8982
nomination by the person whose name is certified. A vacancy that	8983
may be filled by an intermediate or minor political party shall be	8984
filled in accordance with the party's rules by authorized	8985
officials of the party. Certification must be made as in the	8986
manner provided for a major political party.	8987

(C) If a person nominated in a primary election as a party	8988
candidate for election at the next general election, whose	8989
candidacy is to be submitted to the electors of a county,	8990
withdraws as that candidate or is disqualified as that candidate	8991
under section 3513.052 of the Revised Code, the vacancy in the	8992
party nomination so created may be filled by the county central	8993
committee of the major political party that made the nomination at	8994
the primary election, or by the county executive committee if so	8995
authorized, if the committee's chairperson and secretary certify	8996
the name of the person selected to fill the vacancy by the time	8997
specified in this division, at a meeting called for that purpose.	8998
The meeting shall be called by the chairperson of that committee,	8999
who shall give each member of the committee at least two days'	9000
notice of the time, place, and purpose of the meeting. If a	9001
majority of the members of the committee are present at the	9002
meeting, a majority of those present may select a person to fill	9003
the vacancy. The chairperson and secretary of the meeting shall	9004
certify in writing and under oath to the board of that county, not	9005
later than four p.m. of the eighty-sixth day before the day of the	9006
general election, the name of the person selected to fill the	9007
vacancy. The certification must be accompanied by the written	9008
acceptance of the nomination by the person whose name is	9009
certified. A vacancy that may be filled by an intermediate or	9010
minor political party shall be filled in accordance with the	9011
party's rules by authorized officials of the party. Certification	9012
must be made as in the manner provided for a major political	9013
party.	9014

(D) If a person nominated in a primary election as a party	9015
candidate for election at the next general election, whose	9016
candidacy is to be submitted to the electors of a district within	9017
a county, withdraws as that candidate or is disqualified as that	9018
candidate under section 3513.052 of the Revised Code, the vacancy	9019
in the party nomination so created may be filled by a district	9020
committee consisting of those members of the county central	9021
committee or, if so authorized, those members of the county	9022
executive committee in that county of the major political party	9023
that made the nomination at the primary election who represent the	9024
precincts or the wards and townships within the district, if the	9025
committee's chairperson and secretary certify the name of the	9026
person selected to fill the vacancy by the time specified in this	9027
division, at a meeting called for that purpose. The district	9028
committee meeting shall be called by the chairperson of the county	9029
central committee or executive committee, as appropriate, who	9030
shall give each member of the district committee at least two	9031
days' notice of the time, place, and purpose of the meeting. If a	9032
majority of the members of the district committee are present at	9033
the district committee meeting, a majority of those present may	9034
select a person to fill the vacancy. The chairperson and secretary	9035
of the district committee meeting shall certify in writing and	9036
under oath to the board of the county, not later than four p.m. of	9037
the eighty-sixth day before the day of the general election, the	9038
name of the person selected to fill the vacancy. The certification	9039
must be accompanied by the written acceptance of the nomination by	9040
the person whose name is certified. A vacancy that may be filled	9041
by an intermediate or minor political party shall be filled in	9042
accordance with the party's rules by authorized officials of the	9043
party. Certification must be made as in the manner provided for a	9044
major political party.	9045

(E) If a person nominated in a primary election as a party	9046
candidate for election at the next general election, whose	9047
candidacy is to be submitted to the electors of a subdivision	9048
within a county, withdraws as that candidate or is disqualified as	9049
that candidate under section 3513.052 of the Revised Code, the	9050
vacancy in the party nomination so created may be filled by a	9051
subdivision committee consisting of those members of the county	9052
central committee or, if so authorized, those members of the	9053
county executive committee in that county of the major political	9054
party that made the nomination at that primary election who	9055
represent the precincts or the wards and townships within that	9056
subdivision, if the committee's chairperson and secretary certify	9057
the name of the person selected to fill the vacancy by the time	9058
specified in this division, at a meeting called for that purpose.	9059

The subdivision committee meeting shall be called by the	9060
chairperson of the county central committee or executive	9061
committee, as appropriate, who shall give each member of the	9062
subdivision committee at least two days' notice of the time,	9063
place, and purpose of the meeting. If a majority of the members of	9064
the subdivision committee are present at the subdivision committee	9065
meeting, a majority of those present may select a person to fill	9066
the vacancy. The chairperson and secretary of the subdivision	9067
committee meeting shall certify in writing and under oath to the	9068
board of the county, not later than four p.m. of the eighty-sixth	9069
day before the day of the general election, the name of the person	9070
selected to fill the vacancy. The certification must be	9071
accompanied by the written acceptance of the nomination by the	9072
person whose name is certified. A vacancy that may be filled by an	9073
intermediate or minor political party shall be filled in	9074
accordance with the party's rules by authorized officials of the	9075
party. Certification must be made in the manner provided for a	9076
major political party.	9077

(F) If a person nominated by petition as an independent or	9078
nonpartisan candidate for election at the next general election	9079
withdraws as that candidate or is disqualified as that candidate	9080
under section 3513.052 of the Revised Code, the vacancy so created	9081
may be filled by a majority of the committee of five, as	9082
designated on the candidate's nominating petition, if a member of	9083
that committee certifies in writing and under oath to the election	9084
officials with whom the candidate filed the candidate's nominating	9085
petition, not later than the eighty-sixth day before the day of	9086
the general election, the name of the person selected to fill the	9087
vacancy. The certification shall be accompanied by the written	9088
acceptance of the nomination by the person whose name is certified	9089
and shall be made in the manner provided for a major political	9090
party.	9091

(G) If a person nominated in a primary election as a party	9092
candidate for election at the next general election dies, the	9093
vacancy so created may be filled by the same committee in the same	9094
manner as provided in this section for the filling of similar	9095
vacancies created by withdrawals or disqualifications under	9096
section 3513.052 of the Revised Code, except that the	9097
certification, when filling a vacancy created by death, may not be	9098
filed with the secretary of state, or with a board of the most	9099
populous county of a district, or with the board of a county in	9100
which the major portion of the population of a subdivision is	9101
located, later than four p.m. of the tenth day before the day of	9102
such general election, or with any other board later than four	9103
p.m. of the fifth day before the day of such general election.	9104

(H) If a person nominated by petition as an independent or	9105
nonpartisan candidate for election at the next general election	9106
dies prior to the tenth day before the day of that general	9107
election, the vacancy so created may be filled by a majority of	9108
the committee of five designated in the nominating petition to	9109
represent the candidate named in it. To fill the vacancy a member	9110
of the committee shall, not later than four p.m. of the fifth day	9111
before the day of the general election, file with the election	9112
officials with whom the petition nominating the person was filed,	9113
a certificate signed and sworn to under oath by a majority of the	9114
members, designating the person they select to fill the vacancy.	9115
The certification must be accompanied by the written acceptance of	9116
the nomination by the person whose name is so certified.	9117

(I) If a person holding an elective office dies or resigns	9118
subsequent to the one hundred fifteenth day before the day of a	9119
primary election and prior to the eighty-sixth day before the day	9120
of the next general election, and if, under the laws of this	9121
state, a person may be elected at that general election to fill	9122
the unexpired term of the person who has died or resigned, the	9123
appropriate committee of each political party, acting as in the	9124
case of a vacancy in a party nomination, as provided in divisions	9125
(A) to (D) of this section, may select a person as the party	9126
candidate for election for such unexpired term at that general	9127
election, and certify the person's name to the appropriate	9128
election official not later than four p.m. on the eighty-sixth day	9129
before the day of that general election, or on the tenth day	9130
following the day on which the vacancy occurs, whichever is later.	9131
When the vacancy occurs on or subsequent to the eighty-sixth day	9132
and six or more days prior to the fifty-sixthfortieth day before	9133
the general election, the appropriate committee may select a	9134
person as the party candidate and certify the person's name, as	9135
provided in the preceding sentence, not later than four p.m. on	9136
the fiftiethtenth day following the day on which the vacancy	9137
occurs. When the vacancy occurs fewer than six days before the	9138
fortieth day before the general election, the deadline for filing	9139
shall be four p.m. on the thirty-sixth day before the general	9140
election. Thereupon the name shall be printed as the party	9141
candidate under proper titles and in the proper place on the	9142
proper ballots for use at the election. If a person has been	9143
nominated in a primary election, the authorized committee of that	9144
political party shall not select and certify a person as the party	9145
candidate.	9146

(J) Each person desiring to become an independent candidate	9147
to fill the unexpired term shall file a statement of candidacy and	9148
nominating petition, as provided in section 3513.261 of the	9149
Revised Code, with the appropriate election official not later	9150
than four p.m. on the tenth day following the day on which the	9151
vacancy occurs, provided that when the vacancy occurs fewer than	9152
six days before the fifty-sixth day before the general election,	9153
the deadline for filing shall be four p.m. on the fiftieth day	9154
before the general election. The nominating petition shall contain	9155
at least seven hundred fifty signatures and no more than one	9156
thousand five hundred signatures of qualified electors of the	9157
district, political subdivision, or portion of a political	9158
subdivision in which the office is to be voted upon, or the amount	9159
provided for in section 3513.257 of the Revised Code, whichever is	9160
less.	9161

(K) When a person nominated as a candidate by a political	9162
party in a primary election or by nominating petition for an	9163
elective office for which candidates are nominated at a party	9164
primary election withdraws, dies, or is disqualified under section	9165
3513.052 of the Revised Code prior to the general election, the	9166
appropriate committee of any other major political party or	9167
committee of five that has not nominated a candidate for that	9168
office, or whose nominee as a candidate for that office has	9169
withdrawn, died, or been disqualified without the vacancy so	9170
created having been filled, may, acting as in the case of a	9171
vacancy in a party nomination or nomination by petition as	9172
provided in divisions (A) to (F) of this section, whichever is	9173
appropriate, select a person as a candidate of that party or of	9174
that committee of five for election to the office.	9175

Section 4. That existing sections 3.02, 302.09, 305.02,	9176
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the	9177
Revised Code are hereby repealed.	9178