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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
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. 3501.33. 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. 3501.37. 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 3503.18. (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 |
(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 |
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 |
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 |
(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 |
(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 |
"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 |
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 |
(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 |
(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 |
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 |
"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 |
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 |
(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. 3505.18. (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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
...... 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 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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
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 |
(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 |
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 |
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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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) 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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
...... 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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
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 |
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 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
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. 3599.31. 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 |
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 |
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 |
(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 |
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 |
(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 |
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 |
(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 |
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 |
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 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 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 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. 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 |