Am. Sub. H. B. No. 194 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 194

Representatives Mecklenborg, Blessing

Cosponsors: Representatives Combs, Anielski, Baker, Boose, Brenner, Bubp, Buchy, Coley, Grossman, Hackett, Huffman, Maag, Martin, Newbold, Slaby, Uecker Speaker Batchelder

A BILL

To amend sections 3.02, 302.09, 305.02, 503.24,

511.27, 733.31, 1545.21, 1901.10, 2101.44,

2301.02, 3501.01, 3501.02, 3501.05, 3501.051,

3501.10, 3501.11, 3501.13, 3501.17, 3501.18,

3501.20, 3501.22, 3501.26, 3501.27, 3501.28,

3501.29, 3501.30, 3501.301, 3501.31, 3501.32,

3501.33, 3501.35, 3501.37, 3501.38, 3503.02,

3503.06, 3503.14, 3503.15, 3503.16, 3503.18,

3503.19, 3503.21, 3503.26, 3503.28, 3504.02,

3504.04, 3504.05, 3505.07, 3505.08, 3505.11,

3505.13, 3505.16, 3505.17, 3505.18, 3505.181,

3505.182, 3505.183, 3505.20, 3505.21, 3505.23,

3505.24, 3505.26, 3505.28, 3505.29, 3505.30,

3505.31, 3506.05, 3506.12, 3506.15, 3509.01,

3509.02, 3509.03, 3509.031, 3509.04, 3509.05,

3509.06, 3509.07, 3509.08, 3509.09, 3511.02,

3511.04, 3511.05, 3511.06, 3511.07, 3511.08,

3511.09, 3511.10, 3511.11, 3511.13, 3511.14,

3513.02, 3513.12, 3513.131, 3513.18, 3513.19,

3513.21, 3513.262, 3513.30, 3513.31, 3515.04,

3517.01, 3517.012, 3517.10, 3517.102, 3517.103,

3517.106, 3517.1011, 3517.11, 3517.153, 3517.154,

3517.155, 3517.992, 3519.01, 3519.16, 3599.03,

3599.07, 3599.17, 3599.19, and 3599.31, to enact

new section 3504.01 and sections 3501.111,

3501.302, 3501.40, 3503.161, 3503.22, 3505.05,

3506.021, and 3599.30, and to repeal sections

3503.29, 3504.01, 3506.16, and 3517.1010 of the

Revised Code to revise the Election Law.

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

Section 1. That sections 511.27, 1545.21, 2101.44, 3501.01,	30
3501.05, 3501.051, 3501.10, 3501.11, 3501.13, 3501.17, 3501.18,	31
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30,	32
3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38,	33
3503.02, 3503.06, 3503.14, 3503.15, 3503.16, 3503.18, 3503.19,	34
3503.21, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05, 3505.07,	35
3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18, 3505.181,	36
3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	37
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15,	38
3509.01, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06,	39
3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06,	40
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13, 3511.14,	41
3513.02, 3513.12, 3513.131, 3513.18, 3513.19, 3513.21, 3513.262,	42
3513.30, 3515.04, 3517.01, 3517.012, 3517.10, 3517.102, 3517.103,	43
3517.106, 3517.1011, 3517.11, 3517.153, 3517.154, 3517.155,	44
3517.992, 3519.01, 3519.16, 3599.03, 3599.07, 3599.17, 3599.19,	45
and 3599.31 be amended and new section 3504.01 and sections	46
3501.111, 3501.302, 3501.40, 3503.161, 3503.22, 3505.05, 3506.021,	47
and 3599.30 of the Revised Code be enacted to read as follows:	48

Sec. 511.27. (A) To defray the expenses of the township park	49
district and for purchasing, appropriating, operating,	50
maintaining, and improving lands for parks or recreational	51
purposes, the board of park commissioners may levy a sufficient	52
tax within the ten-mill limitation, not to exceed one mill on each	53
dollar of valuation on all real and personal property within the	54
township, and on all real and personal property within any	55
municipal corporation that is within the township, that was within	56
the township at the time that the park district was established,	57
or the boundaries of which are coterminous with or include the	58
township. The levy shall be over and above all other taxes and	59
limitations on such property authorized by law.	60

(B) Except as otherwise provided in division (C) of this	61
section, the board of park commissioners, not less than ninety	62
days before the day of the election, may declare by resolution	63
that the amount of taxes that may be raised within the ten-mill	64
limitation will be insufficient to provide an adequate amount for	65
the necessary requirements of the district and that it is	66
necessary to levy a tax in excess of that limitation for the use	67
of the district. The resolution shall specify the purpose for	68
which the taxes shall be used, the annual rate proposed, and the	69
number of consecutive years the levy will be in effect. Upon the	70
adoption of the resolution, the question of levying the taxes	71
shall be submitted to the electors of the township and the	72
electors of any municipal corporation that is within the township,	73
that was within the township at the time that the park district	74
was established, or the boundaries of which are coterminous with	75
or include the township, at a special election to be held on	76
whichever of the following occurs first:	77

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

(2) The ~~first Tuesday after the first Monday in May of any~~	79
~~calendar year, except that, if a presidential~~day of the next	80
ensuing primary election ~~is held in that calendar year, then the~~	81
~~day of that election~~.	82

The rate submitted to the electors at any one election shall	83
not exceed two mills annually upon each dollar of valuation. If a	84
majority of the electors voting upon the question of the levy vote	85
in favor of the levy, the tax shall be levied on all real and	86
personal property within the township and on all real and personal	87
property within any municipal corporation that is within the	88
township, that was within the township at the time that the park	89
district was established, or the boundaries of which are	90
coterminous with or include the township, and the levy shall be	91
over and above all other taxes and limitations on such property	92
authorized by law.	93

(C) In any township park district that contains only	94
unincorporated territory, if the township board of park	95
commissioners is appointed by the board of township trustees,	96
before a tax can be levied and certified to the county auditor	97
pursuant to section 5705.34 of the Revised Code or before a	98
resolution for a tax levy can be certified to the board of	99
elections pursuant to section 511.28 of the Revised Code, the	100
board of park commissioners shall receive approval for its levy	101
request from the board of township trustees. The board of park	102
commissioners shall adopt a resolution requesting the board of	103
township trustees to approve the levy request, stating the annual	104
rate of the proposed levy and the reason for the levy request. On	105
receiving this request, the board of township trustees shall vote	106
on whether to approve the request and, if a majority votes to	107
approve it, shall issue a resolution approving the levy at the	108
requested rate.	109

Sec. 1545.21. The board of park commissioners, by	110
resolution, may submit to the electors of the park district the	111
question of levying taxes for the use of the district. The	112
resolution shall declare the necessity of levying such taxes,	113
shall specify the purpose for which such taxes shall be used, the	114
annual rate proposed, and the number of consecutive years the rate	115
shall be levied. Such resolution shall be forthwith certified to	116
the board of elections in each county in which any part of such	117
district is located, not later than the ninetieth day before the	118
day of the election, and the question of the levy of taxes as	119
provided in such resolution shall be submitted to the electors of	120
the district at a special election to be held on whichever of the	121
following occurs first:	122

(A) The day of the next general election;

123

(B) The ~~first Tuesday after the first Monday in May in any~~	124
~~calendar year, except that if a presidential~~day of the next	125
primary election ~~is held in that calendar year, then the day of~~	126
~~that election~~. ~~The~~	127

The ballot shall set forth the purpose for which the taxes	128
shall be levied, the annual rate of levy, and the number of years	129
of such levy. If the tax is to be placed on the current tax list,	130
the form of the ballot shall state that the tax will be levied in	131
the current tax year and shall indicate the first calendar year	132
the tax will be due. If the resolution of the board of park	133
commissioners provides that an existing levy will be canceled upon	134
the passage of the new levy, the ballot may include a statement	135
that: "an existing levy of ... mills (stating the original levy	136
millage), having ... years remaining, will be canceled and	137
replaced upon the passage of this levy." In such case, the ballot	138
may refer to the new levy as a "replacement levy" if the new	139
millage does not exceed the original millage of the levy being	140
canceled or as a "replacement and additional levy" if the new	141
millage exceeds the original millage of the levy being canceled.	142
If a majority of the electors voting upon the question of such	143
levy vote in favor thereof, such taxes shall be levied and shall	144
be in addition to the taxes authorized by section 1545.20 of the	145
Revised Code, and all other taxes authorized by law. The rate	146
submitted to the electors at any one time shall not exceed two	147
mills annually upon each dollar of valuation. When a tax levy has	148
been authorized as provided in this section or in section 1545.041	149
of the Revised Code, the board of park commissioners may issue	150
bonds pursuant to section 133.24 of the Revised Code in	151
anticipation of the collection of such levy, provided that such	152
bonds shall be issued only for the purpose of acquiring and	153
improving lands. Such levy, when collected, shall be applied in	154
payment of the bonds so issued and the interest thereon. The	155
amount of bonds so issued and outstanding at any time shall not	156
exceed one per cent of the total tax valuation in such district.	157
Such bonds shall bear interest at a rate not to exceed the rate	158
determined as provided in section 9.95 of the Revised Code.	159

Sec. 2101.44. The election upon the question of combining	160
the probate court and the court of common pleas shall be conducted	161
as provided for the election of county officers.	162

The board of ~~election~~elections shall provide separate	163
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	164
such other supplies as may be necessary in the conduct of such	165
election.	166

Ballots shall be printed with an affirmative and negative	167
statement thereon, as follows:	168

169

		The probate court and the court of common pleas shall be combined.			170
		The probate court and the court of common pleas shall not be combined.			171

172

Returns of said election shall be made and canvassed at the	173
same time and in the same manner as an election for county	174
officers. The board shall certify the result of said election to	175
the secretary of state, to the probate judge of said county, and	176
to the judge of the court of common pleas, and such result shall	177
be spread upon the journal of the probate court and of the court	178
of common pleas.	179

If a majority of the votes cast at such an election are in	180
favor of combining said courts, such courts shall stand combined	181
upon determination of the fact that a majority of the persons	182
voting upon the question of the combination of such courts voted	183
in favor of such combination.	184

Sec. 3501.01. As used in the sections of the Revised Code	185
relating to elections and political communications:	186

(A) "General election" means the election held on the first	187
Tuesday after the first Monday in each November.	188

(B) "Regular municipal election" means the election held on	189
the first Tuesday after the first Monday in November in each	190
odd-numbered year.	191

(C) "Regular state election" means the election held on the	192
first Tuesday after the first Monday in November in each	193
even-numbered year.	194

(D) "Special election" means any election other than those	195
elections defined in other divisions of this section. A special	196
election may be held only on the first Tuesday after the first	197
Monday in February, May, August, or November, or on the day	198
authorized by a particular municipal or county charter for the	199
holding of a primary election~~, except that in any year in which a~~	200
~~presidential primary election is held, no special election shall~~	201
~~be held in February or May, except as authorized by a municipal or~~	202
~~county charter, but may be held on the first Tuesday after the~~	203
~~first Monday in March~~.	204

(E)(1) "Primary" or "primary election" means an election held	205
for the purpose of nominating persons as candidates of political	206
parties for election to offices, and for the purpose of electing	207
persons as members of the controlling committees of political	208
parties and as delegates and alternates to the conventions of	209
political parties. Primary elections shall be held on the first	210
Tuesday after the first Monday in May of each year ~~except in years~~	211
~~in which a presidential primary election is held~~.	212

(2) "Presidential primary election" means a primary election	213
as defined by division (E)(1) of this section at which an election	214
is held for the purpose of choosing delegates and alternates to	215
the national conventions of the major political parties pursuant	216
to section 3513.12 of the Revised Code. Unless otherwise	217
specified, presidential primary elections are included in	218
references to primary elections. ~~In years in which a presidential~~	219
~~primary election is held, all primary elections shall be held on~~	220
~~the first Tuesday after the first Monday in March except as~~	221
~~otherwise authorized by a municipal or county charter.~~	222

(F) "Political party" means any group of voters meeting the	223
requirements set forth in section 3517.01 of the Revised Code for	224
the formation and existence of a political party.	225

(1) "Major political party" means any political party	226
organized under the laws of this state whose candidate for	227
governor or nominees for presidential electors received no less	228
than twenty per cent of the total vote cast for such office at the	229
most recent regular state election.	230

(2) "Intermediate political party" means any political party	231
organized under the laws of this state whose candidate for	232
governor or nominees for presidential electors received less than	233
twenty per cent but not less than ten per cent of the total vote	234
cast for such office at the most recent regular state election.	235

(3) "Minor political party" means any political party	236
organized under the laws of this state whose candidate for	237
governor or nominees for presidential electors received less than	238
ten per cent but not less than five per cent of the total vote	239
cast for such office at the most recent regular state election or	240
which has filed with the secretary of state, subsequent to any	241
election in which it received less than five per cent of such	242
vote, a petition signed by qualified electors equal in number to	243
at least one per cent of the total vote cast for such office in	244
the last preceding regular state election, except that a newly	245
formed political party shall be known as a minor political party	246
until the time of the first election for governor or president	247
which occurs not less than twelve months subsequent to the	248
formation of such party, after which election the status of such	249
party shall be determined by the vote for the office of governor	250
or president.	251

(G) "Dominant party in a precinct" or "dominant political	252
party in a precinct" means that political party whose candidate	253
for election to the office of governor at the most recent regular	254
state election at which a governor was elected received more votes	255
than any other person received for election to that office in such	256
precinct at such election.	257

(H) "Candidate" means any qualified person certified in	258
accordance with the provisions of the Revised Code for placement	259
on the official ballot of a primary, general, or special election	260
to be held in this state, or any qualified person who claims to be	261
a write-in candidate, or who knowingly assents to being	262
represented as a write-in candidate by another at either a	263
primary, general, or special election to be held in this state.	264

(I) "Independent candidate" means any candidate who claims	265
not to be affiliated with a political party, and whose name has	266
been certified on the office-type ballot at a general or special	267
election through the filing of a statement of candidacy and	268
nominating petition, as prescribed in section 3513.257 of the	269
Revised Code.	270

(J) "Nonpartisan candidate" means any candidate whose name is	271
required, pursuant to section 3505.04 of the Revised Code, to be	272
listed on the nonpartisan ballot, including all candidates for	273
judicial office, for member of any board of education, for	274
municipal or township offices in which primary elections are not	275
held for nominating candidates by political parties, and for	276
offices of municipal corporations having charters that provide for	277
separate ballots for elections for these offices.	278

(K) "Party candidate" means any candidate who claims to be a	279
member of a political party, whose name has been certified on the	280
office-type ballot at a general or special election through the	281
filing of a declaration of candidacy and petition of candidate,	282
and who has won the primary election of the candidate's party for	283
the public office the candidate seeks or is selected by party	284
committee in accordance with section 3513.31 of the Revised Code.	285

(L) "Officer of a political party" includes, but is not	286
limited to, any member, elected or appointed, of a controlling	287
committee, whether representing the territory of the state, a	288
district therein, a county, township, a city, a ward, a precinct,	289
or other territory, of a major, intermediate, or minor political	290
party.	291

(M) "Question or issue" means any question or issue certified	292
in accordance with the Revised Code for placement on an official	293
ballot at a general or special election to be held in this state.	294

(N) "Elector" or "qualified elector" means a person having	295
the qualifications provided by law to be entitled to vote.	296

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

297

(P) "Voting residence" means that place of residence of an	298
elector which shall determine the precinct in which the elector	299
may vote.	300

(Q) "Precinct" means a district within a county established	301
by the board of elections of such county within which all	302
qualified electors having a voting residence therein may vote at	303
the same polling place.	304

(R) "Polling place" means that place provided for each	305
precinct at which the electors having a voting residence in such	306
precinct may vote.	307

(S) "Board" or "board of elections" means the board of	308
elections appointed in a county pursuant to section 3501.06 of the	309
Revised Code.	310

(T) "Political subdivision" means a county, township, city,	311
village, or school district.	312

(U) "Election officer" or "election official" means any of	313
the following:	314

(1) Secretary of state;

315

(2) Employees of the secretary of state serving the division	316
of elections in the capacity of attorney, administrative officer,	317
administrative assistant, elections administrator, office manager,	318
or clerical supervisor;	319

(3) Director of a board of elections;

320

(4) Deputy director of a board of elections;

321

(5) Member of a board of elections;

322

(6) Employees of a board of elections;

323

(7) Precinct ~~polling place judges~~election officials;

324

(8) Employees appointed by the boards of elections on a	325
temporary or part-time basis.	326

(V) "Acknowledgment notice" means a notice sent by a board of	327
elections, on a form prescribed by the secretary of state,	328
informing a voter registration applicant or an applicant who	329
wishes to change the applicant's residence or name of the status	330
of the application; the information necessary to complete or	331
update the application, if any; and if the application is	332
complete, the precinct in which the applicant is to vote.	333

(W) "Confirmation notice" means a notice sent by a board of	334
elections, on a form prescribed by the secretary of state, to a	335
registered elector to confirm the registered elector's current	336
address.	337

(X) "Designated agency" means an office or agency in the	338
state that provides public assistance or that provides	339
state-funded programs primarily engaged in providing services to	340
persons with disabilities and that is required by the National	341
Voter Registration Act of 1993 to implement a program designed and	342
administered by the secretary of state for registering voters, or	343
any other public or government office or agency that implements a	344
program designed and administered by the secretary of state for	345
registering voters, including the department of job and family	346
services, the program administered under section 3701.132 of the	347
Revised Code by the department of health, the department of mental	348
health, the department of developmental disabilities, the	349
rehabilitation services commission, and any other agency the	350
secretary of state designates. "Designated agency" does not	351
include public high schools and vocational schools, public	352
libraries, or the office of a county treasurer.	353

(Y) "National Voter Registration Act of 1993" means the	354
"National Voter Registration Act of 1993," 107 Stat. 77, 42	355
U.S.C.A. 1973gg.	356

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	357
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	358

(AA) "Photo identification" means a document that meets each	359
of the following requirements:	360

(1) It shows the name of the individual to whom it was	361
issued, which shall conform to the name in the poll list or	362
signature pollbook.	363

(2) It shows the current address of the individual to whom it	364
was issued, which shall conform to the address in the poll list or	365
signature pollbook, except for a driver's license or a state	366
identification card issued under section 4507.50 of the Revised	367
Code, which may show either the current or former address of the	368
individual to whom it was issued, regardless of whether that	369
address conforms to the address in the poll list or signature	370
pollbook.	371

(3) It shows a photograph of the individual to whom it was	372
issued.	373

(4) It ~~includes~~shall have on it an expiration date that has	374
not passed.	375

(5) It was issued by the government of the United States or	376
this state.	377

Sec. 3501.05. The secretary of state shall do all of the	378
following:	379

(A) Appoint all members of boards of elections;

380

(B) Issue instructions by directives and advisories in	381
accordance with section 3501.053 of the Revised Code to members of	382
the boards as to the proper methods of conducting elections.	383

(C) Prepare rules and instructions for the conduct of	384
elections;	385

(D) Publish and furnish to the boards from time to time a	386
sufficient number of indexed copies of all election laws then in	387
force;	388

(E) Edit and issue all pamphlets concerning proposed laws or	389
amendments required by law to be submitted to the voters;	390

(F) Prescribe the form of registration cards, blanks, and	391
records;	392

(G) Determine and prescribe the forms of ballots and the	393
forms of all blanks, cards of instructions, pollbooks, tally	394
sheets, certificates of election, and forms and blanks required by	395
law for use by candidates, committees, and boards;	396

(H) Prepare the ballot title or statement to be placed on the	397
ballot for any proposed law or amendment to the constitution to be	398
submitted to the voters of the state;	399

(I) Except as otherwise provided in section 3519.08 of the	400
Revised Code, certify to the several boards the forms of ballots	401
and names of candidates for state offices, and the form and	402
wording of state referendum questions and issues, as they shall	403
appear on the ballot;	404

(J) Except as otherwise provided in division (I)(2)(b) of	405
section 3501.38 of the Revised Code, give final approval to ballot	406
language for any local question or issue approved and transmitted	407
by boards of elections under section 3501.11 of the Revised Code;	408

(K) Receive all initiative and referendum petitions on state	409
questions and issues and determine and certify to the sufficiency	410
of those petitions;	411

(L) Require such reports from the several boards as are	412
provided by law, or as the secretary of state considers necessary;	413

(M) Compel the observance by election officers in the several	414
counties of the requirements of the election laws;	415

(N)(1) Except as otherwise provided in division (N)(2) of	416
this section, investigate the administration of election laws,	417
frauds, and irregularities in elections in any county, and report	418
violations of election laws to the attorney general or prosecuting	419
attorney, or both, for prosecution;	420

(2) On and after August 24, 1995, report a failure to comply	421
with or a violation of a provision in sections 3517.08 to 3517.13,	422
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	423
Revised Code, whenever the secretary of state has or should have	424
knowledge of a failure to comply with or a violation of a	425
provision in one of those sections, by filing a complaint with the	426
Ohio elections commission under section 3517.153 of the Revised	427
Code;.	428

(O) Make an annual report to the governor containing the	429
results of elections, the cost of elections in the various	430
counties, a tabulation of the votes in the several political	431
subdivisions, and other information and recommendations relative	432
to elections the secretary of state considers desirable;	433

(P) Prescribe and distribute to boards of elections a list of	434
instructions indicating all legal steps necessary to petition	435
successfully for local option elections under sections 4301.32 to	436
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	437

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	438
for the removal ~~by boards of elections~~ of ineligible voters from	439
the statewide voter registration database and, if applicable, from	440
the poll list or signature pollbook used in each precinct, which	441
rules shall provide for all of the following:	442

(1) A process for the removal of voters who have changed	443
residence, which shall be uniform, nondiscriminatory, and in	444
compliance with the Voting Rights Act of 1965 and the National	445
Voter Registration Act of 1993, including a program that uses the	446
national change of address service provided by the United States	447
postal system through its licensees;	448

(2) A process for the removal of ineligible voters under	449
section 3503.21 of the Revised Code;	450

(3) A uniform system for marking or removing the name of a	451
voter who is ineligible to vote from the statewide voter	452
registration database and, if applicable, from the poll list or	453
signature pollbook used in each precinct and noting the reason for	454
that mark or removal;	455

(4) The secretary of state to notify the applicable board of	456
elections of each elector that the secretary of state has removed	457
from the database.	458

(R) Prescribe a general program for registering voters or	459
updating voter registration information, such as name and	460
residence changes, by boards of elections, designated agencies,	461
offices of deputy registrars of motor vehicles, public high	462
schools and vocational schools, public libraries, and offices of	463
county treasurers consistent with the requirements of section	464
3503.09 of the Revised Code;	465

(S) Prescribe a program of distribution of voter registration	466
forms through boards of elections, designated agencies, offices of	467
the registrar and deputy registrars of motor vehicles, public high	468
schools and vocational schools, public libraries, and offices of	469
county treasurers;	470

(T) To the extent feasible, provide copies, at no cost and	471
upon request, of the voter registration form in post offices in	472
this state;	473

(U) Adopt rules pursuant to section 111.15 of the Revised	474
Code for the purpose of implementing the program for registering	475
voters through boards of elections, designated agencies, and the	476
offices of the registrar and deputy registrars of motor vehicles	477
consistent with this chapter;	478

(V) Establish the full-time position of Americans with	479
Disabilities Act coordinator within the office of the secretary of	480
state to do all of the following:	481

(1) Assist the secretary of state with ensuring that there is	482
equal access to polling places for persons with disabilities;	483

(2) Assist the secretary of state with ensuring that each	484
voter may cast the voter's ballot in a manner that provides the	485
same opportunity for access and participation, including privacy	486
and independence, as for other voters;	487

(3) Advise the secretary of state in the development of	488
standards for the certification of voting machines, marking	489
devices, and automatic tabulating equipment.	490

(W) Establish and maintain a computerized statewide database	491
of all legally registered voters under section 3503.15 of the	492
Revised Code that complies with the requirements of the "Help	493
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	494
and provide training in the operation of that system;	495

(X) Ensure that all directives, advisories, other	496
instructions, or decisions issued or made during or as a result of	497
any conference or teleconference call with a board of elections to	498
discuss the proper methods and procedures for conducting	499
elections, to answer questions regarding elections, or to discuss	500
the interpretation of directives, advisories, or other	501
instructions issued by the secretary of state are posted on a web	502
site of the office of the secretary of state as soon as is	503
practicable after the completion of the conference or	504
teleconference call, but not later than the close of business on	505
the same day as the conference or teleconference call takes place.	506

(Y) Publish a report on a web site of the office of the	507
secretary of state not later than one month after the completion	508
of the canvass of the election returns for each primary and	509
general election, identifying, by county, the number of absent	510
voter's ballots cast and the number of those ballots that were	511
counted, and the number of provisional ballots cast and the number	512
of those ballots that were counted, for that election. The	513
secretary of state shall maintain the information on the web site	514
in an archive format for each subsequent election.	515

(Z) Conduct voter education outlining voter identification,	516
absent voters ballot, provisional ballot, and other voting	517
requirements;	518

(AA) Establish a procedure by which a registered elector may	519
make available to a board of elections a more recent signature to	520
be used in the poll list or signature pollbook produced by the	521
board of elections of the county in which the elector resides;	522

(BB) Disseminate information, which may include all or part	523
of the official explanations and arguments, by means of direct	524
mail or other written publication, broadcast, or other means or	525
combination of means, as directed by the Ohio ballot board under	526
division (F) of section 3505.062 of the Revised Code, in order to	527
inform the voters as fully as possible concerning each proposed	528
constitutional amendment, proposed law, or referendum;	529

(CC) Be the single state office responsible for the	530
implementation of the "Uniformed and Overseas Citizens Absentee	531
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	532
et seq., as amended, in this state. The secretary of state may	533
delegate to the boards of elections responsibilities for the	534
implementation of that act, including responsibilities arising	535
from amendments to that act made by the "Military and Overseas	536
Voter Empowerment Act," Subtitle H of the National Defense	537
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	538
Stat. 3190.	539

(DD) Compile, from the boards of elections, the voting	540
history of each registered elector who cast a ballot in an	541
election, for inclusion in the statewide voter registration	542
database. The secretary of state shall determine, by rule, the	543
length of an elector's voting history that shall be included in	544
the database;	545

(EE) Perform other duties required by law.

546

Whenever a primary election is held under section 3513.32 of	547
the Revised Code or a special election is held under section	548
3521.03 of the Revised Code to fill a vacancy in the office of	549
representative to congress, the secretary of state shall establish	550
a deadline, notwithstanding any other deadline required under the	551
Revised Code, by which any or all of the following shall occur:	552
the filing of a declaration of candidacy and petitions or a	553
statement of candidacy and nominating petition together with the	554
applicable filing fee; the filing of protests against the	555
candidacy of any person filing a declaration of candidacy or	556
nominating petition; the filing of a declaration of intent to be a	557
write-in candidate; the filing of campaign finance reports; the	558
preparation of, and the making of corrections or challenges to,	559
precinct voter registration lists; the receipt of applications for	560
absent voter's ballots or ~~armed service~~uniformed services or	561
overseas absent voter's ballots; the supplying of election	562
materials to precincts by boards of elections; the holding of	563
hearings by boards of elections to consider challenges to the	564
right of a person to appear on a voter registration list; and the	565
scheduling of programs to instruct or reinstruct election	566
officers.	567

In the performance of the secretary of state's duties as the	568
chief election officer, the secretary of state may administer	569
oaths, issue subpoenas, summon witnesses, compel the production of	570
books, papers, records, and other evidence, and fix the time and	571
place for hearing any matters relating to the administration and	572
enforcement of the election laws.	573

In any controversy involving or arising out of the adoption	574
of registration or the appropriation of funds for registration,	575
the secretary of state may, through the attorney general, bring an	576
action in the name of the state in the court of common pleas of	577
the county where the cause of action arose or in an adjoining	578
county, to adjudicate the question.	579

In any action involving the laws in Title XXXV of the Revised	580
Code wherein the interpretation of those laws is in issue in such	581
a manner that the result of the action will affect the lawful	582
duties of the secretary of state or of any board of elections, the	583
secretary of state may, on the secretary of state's motion, be	584
made a party.	585

The secretary of state may apply to any court that is hearing	586
a case in which the secretary of state is a party, for a change of	587
venue as a substantive right, and the change of venue shall be	588
allowed, and the case removed to the court of common pleas of an	589
adjoining county named in the application or, if there are cases	590
pending in more than one jurisdiction that involve the same or	591
similar issues, the court of common pleas of Franklin county.	592

Public high schools and vocational schools, public libraries,	593
and the office of a county treasurer shall implement voter	594
registration programs as directed by the secretary of state	595
pursuant to this section.	596

Sec. 3501.051. (A) Notwithstanding any other section of the	597
Revised Code, the secretary of state may authorize, in one or more	598
precincts in one or more counties, a program allowing individuals	599
under the age of eighteen to enter the polling place and vote in a	600
simulated election held at the same time as a general election.	601
Any individual working in or supervising at a simulated election	602
may enter the polling place and remain within it during the entire	603
period the polls are open.	604

(B) A program established under division (A) of this section	605
shall require all of the following:	606

(1) That the duties imposed on ~~judges of~~precinct election	607
officials and peace officers under section 3501.33 of the Revised	608
Code be performed by those ~~judges~~officials and officers in regard	609
to simulated elections and all activities related to simulated	610
elections;	611

(2) That volunteers provide the personnel necessary to	612
conduct the simulated election, except that employees of the	613
secretary of state, employees or members of boards of elections,	614
and precinct election officials may aid in operating the program	615
to the extent permitted by the secretary of state;	616

(3) That individuals under the age of fourteen be accompanied	617
to the simulated election by an individual eighteen years of age	618
or over;	619

(4) Any other requirements the secretary of state considers	620
necessary for the orderly administration of the election process.	621

Sec. 3501.10. (A) The board of elections shall, as an	622
expense of the board, provide suitable rooms for its offices and	623
records and the necessary and proper furniture and supplies for	624
those rooms. The board may lease such offices and rooms, necessary	625
to its operation, for the length of time and upon the terms the	626
board deems in the best interests of the public, provided that the	627
term of any such lease shall not exceed fifteen years.	628

Thirty days prior to entering into such a lease, the board	629
shall notify the board of county commissioners in writing of its	630
intent to enter into the lease. The notice shall specify the terms	631
and conditions of the lease. Prior to the thirtieth day after	632
receiving that notice and before any lease is entered into, the	633
board of county commissioners may reject the proposed lease by a	634
majority vote. After receiving written notification of the	635
rejection by the board of county commissioners, the board of	636
elections shall not enter into the lease that was rejected, but	637
may immediately enter into additional lease negotiations, subject	638
to the requirements of this section.	639

The board of elections in any county may, by resolution,	640
request that the board of county commissioners submit to the	641
electors of the county, in accordance with section 133.18 of the	642
Revised Code, the question of issuing bonds for the acquisition of	643
real estate and the construction on it of a suitable building with	644
necessary furniture and equipment for the proper administration of	645
the duties of the board of elections. The resolution declaring the	646
necessity for issuing such bonds shall relate only to the	647
acquisition of real estate and to the construction, furnishing,	648
and equipping of a building as provided in this division.	649

(B) The board of elections in each county shall keep its	650
offices, or one or more of its branch registration offices, open	651
for the performance of its duties until nine p.m. on the last day	652
of registration before a general or primary election. At all other	653
times during each week, the board shall keep its offices and rooms	654
open for a period of time that the board considers necessary for	655
the performance of its duties.	656

(C)(1) The board of elections may maintain permanent or	657
temporary branch offices at any place within the county~~, provided~~	658
~~that, if~~. Except as otherwise provided in division (C)(2) of this	659
section, the board of elections ~~permits~~shall not permit electors	660
to vote at a branch office~~, electors shall not be permitted to~~	661
~~vote at any other branch office or any other office of the board~~	662
~~of elections~~.	663

(2) A board of elections may permit electors to cast absent	664
voter's ballots in person before an election at a branch office of	665
the board of elections if both of the following apply:	666

(a) At least three members of the board of elections vote to	667
establish a branch office at a specified location for the	668
applicable election.	669

(b) At least three members of the board of elections	670
determine, as part of the vote cast under division (C)(2)(a) of	671
this section, that the board of elections lacks the physical	672
capacity at the office of the board to conduct in-person absent	673
voting at that location for the applicable election.	674

(3) The determination of whether to establish a branch office	675
at which electors may cast absent voter's ballots in person before	676
an election under division (C)(2) of this section shall be made	677
separately for each election based on the projected physical	678
capacity requirements for in-person absent voting at that	679
election.	680

Sec. 3501.11. Each board of elections shall exercise by a	681
majority vote all powers granted to the board by Title XXXV of the	682
Revised Code, shall perform all the duties imposed by law, and	683
shall do all of the following:	684

(A) Establish, define, provide, rearrange, and combine	685
election precincts;	686

(B) Fix and provide the places for registration and for	687
holding primaries and elections;	688

(C) Provide for the purchase, preservation, and maintenance	689
of booths, ballot boxes, books, maps, flags, blanks, cards of	690
instructions, and other forms, papers, and equipment used in	691
registration, nominations, and elections;	692

(D) Appoint and remove its director, deputy director, and	693
employees and all registrars, judges, and other officers of	694
elections, fill vacancies, and designate the ward or district and	695
precinct in which each shall serve;	696

(E) Make and issue rules and instructions, not inconsistent	697
with law or the rules, directives, or advisories issued by the	698
secretary of state, as it considers necessary for the guidance of	699
election officers and voters;	700

(F) Advertise and contract for the printing of all ballots	701
and other supplies used in registrations and elections;	702

(G) Provide for the issuance of all notices, advertisements,	703
and publications concerning elections, except as otherwise	704
provided in division (G) of section 3501.17 and divisions (F) and	705
(G) of section 3505.062 of the Revised Code;	706

(H) Provide for the delivery of ballots, pollbooks, and other	707
required papers and material to the polling places;	708

(I) Cause the polling places to be suitably provided with	709
voting machines, marking devices, automatic tabulating equipment,	710
stalls, and other required supplies. In fulfilling this duty, each	711
board of a county that uses voting machines, marking devices, or	712
automatic tabulating equipment shall conduct a full vote of the	713
board during a public session of the board on the allocation and	714
distribution of voting machines, marking devices, and automatic	715
tabulating equipment for each precinct in the county.	716

(J) Investigate irregularities, nonperformance of duties, or	717
violations of Title XXXV of the Revised Code by election officers	718
and other persons; administer oaths, issue subpoenas, summon	719
witnesses, and compel the production of books, papers, records,	720
and other evidence in connection with any such investigation; and	721
report the facts to the prosecuting attorney or the secretary of	722
state;	723

(K) Review, examine, and certify the sufficiency and validity	724
of petitions and nomination papers, and, after certification,	725
return to the secretary of state all petitions and nomination	726
papers that the secretary of state forwarded to the board;	727

(L) Receive the returns of elections, canvass the returns,	728
make abstracts of them, and transmit those abstracts to the proper	729
authorities;	730

(M) Issue certificates of election on forms to be prescribed	731
by the secretary of state;	732

(N) Make an annual report to the secretary of state, on the	733
form prescribed by the secretary of state, containing a statement	734
of the number of voters registered, elections held, votes cast,	735
appropriations received, expenditures made, and other data	736
required by the secretary of state;	737

(O) Prepare and submit to the proper appropriating officer a	738
budget estimating the cost of elections for the ensuing fiscal	739
year;	740

(P) Perform other duties as prescribed by law or the rules,	741
directives, or advisories of the secretary of state;	742

(Q) Investigate and determine the residence qualifications of	743
electors;	744

(R) Administer oaths in matters pertaining to the	745
administration of the election laws;	746

(S) Prepare and submit to the secretary of state, whenever	747
the secretary of state requires, a report containing the names and	748
residence addresses of all incumbent county, municipal, township,	749
and board of education officials serving in their respective	750
counties;	751

(T) Establish and maintain a voter registration database of	752
all qualified electors in the county who offer to register;	753

(U) Maintain voter registration records, make reports	754
concerning voter registration as required by the secretary of	755
state, and remove ineligible electors from voter registration	756
lists in accordance with law and directives of the secretary of	757
state;	758

(V) Give approval to ballot language for any local question	759
or issue and transmit the language to the secretary of state for	760
the secretary of state's final approval;	761

(W) Prepare and cause the following notice to be displayed in	762
a prominent location in every polling place:	763

"NOTICE	764

Ohio law prohibits any person from voting or attempting to	765
vote more than once at the same election.	766

Violators are guilty of a felony of the fourth degree and	767
shall be imprisoned and additionally may be fined in accordance	768
with law."	769

(X) In all cases of a tie vote or a disagreement in the	770
board, if no decision can be arrived at, the director or	771
chairperson shall submit the matter in controversy, not later than	772
fourteen days after the tie vote or the disagreement, to the	773
secretary of state, who shall summarily decide the question, and	774
the secretary of state's decision shall be final.	775

(Y) Assist each designated agency, deputy registrar of motor	776
vehicles, public high school and vocational school, public	777
library, and office of a county treasurer in the implementation of	778
a program for registering voters at all voter registration	779
locations as prescribed by the secretary of state. Under this	780
program, each board of elections shall direct to the appropriate	781
board of elections any voter registration applications for persons	782
residing outside the county where the board is located within five	783
days after receiving the applications.	784

(Z) On any day on which an elector may vote in person at the	785
office of the board or at another site designated by the board,	786
consider the board or other designated site a polling place for	787
that day. All requirements or prohibitions of law that apply to a	788
polling place shall apply to the office of the board or other	789
designated site on that day.	790

(AA) Perform any duties with respect to voter registration	791
and voting by uniformed services and overseas voters that are	792
delegated to the board by law or by the rules, directives, or	793
advisories of the secretary of state.	794

(BB) Maintain a list of registered electors in the county who	795
cast a ballot at each election, which list shall be provided to	796
the secretary of state following each election.	797

Sec. 3501.111. A board of elections may contract with another	798
board of elections in this state, with a county automatic data	799
processing board, or with an educational service center for the	800
provision of election services, including any duties imposed upon	801
the board of elections under section 3501.11 of the Revised Code.	802
Any contract entered into pursuant to this section shall be	803
approved by the boards of county commissioners of the affected	804
counties.	805

Sec. 3501.13. (A) The director of the board of elections	806
shall keep a full and true record of the proceedings of the board	807
and of all moneys received and expended; file and preserve in the	808
board's office all orders and records pertaining to the	809
administration of registrations, primaries, and elections; receive	810
and have the custody of all books, papers, and property belonging	811
to the board; and perform other duties in connection with the	812
office of director and the proper conduct of elections as the	813
board determines.	814

(B) Before entering upon the duties of the office, the	815
director shall subscribe to an oath that the director will support	816
the Constitution of the United States and the Ohio Constitution,	817
perform all the duties of the office to the best of the director's	818
ability, enforce the election laws, and preserve all records,	819
documents, and other property pertaining to the conduct of	820
elections placed in the director's custody.	821

(C) The director may administer oaths to persons required by	822
law to file certificates or other papers with the board, to ~~judges~~	823
~~of elections~~precinct election officials, to witnesses who are	824
called to testify before the board, and to voters filling out	825
blanks at the board's offices. Except as otherwise provided by	826
state or federal law, the records of the board and papers and	827
books filed in its office are public records and open to	828
inspection under such reasonable regulations as shall be	829
established by the board. The following notice shall be posted in	830
a prominent place at each board office:	831

"Except as otherwise provided by state or federal law,	832
records filed in this office of the board of elections are open to	833
public inspection during normal office hours, pursuant to the	834
following reasonable regulations: (the board shall here list its	835
regulations). Whoever prohibits any person from inspecting the	836
public records of this board is subject to the penalties of	837
section 3599.161 of the Revised Code."	838

(D) Upon receipt of a written declaration of intent to retire	839
as provided for in section 145.38 of the Revised Code, the	840
director shall provide a copy to each member of the board of	841
elections.	842

Sec. 3501.17. (A) The expenses of the board of elections	843
shall be paid from the county treasury, in pursuance of	844
appropriations by the board of county commissioners, in the same	845
manner as other county expenses are paid. If the board of county	846
commissioners fails to appropriate an amount sufficient to provide	847
for the necessary and proper expenses of the board of elections	848
pertaining to the conduct of elections, the board of elections may	849
apply to the court of common pleas within the county, which shall	850
fix the amount necessary to be appropriated and the amount shall	851
be appropriated. Payments shall be made upon vouchers of the board	852
of elections certified to by its chairperson or acting chairperson	853
and the director or deputy director, upon warrants of the county	854
auditor.	855

The board of elections shall not incur any obligation	856
involving the expenditure of money unless there are moneys	857
sufficient in the funds appropriated therefor to meet the	858
obligation. If the board of elections requests a transfer of funds	859
from one of its appropriation items to another, the board of	860
county commissioners shall adopt a resolution providing for the	861
transfer except as otherwise provided in section 5705.40 of the	862
Revised Code. The expenses of the board of elections shall be	863
apportioned among the county and the various subdivisions as	864
provided in this section, and the amount chargeable to each	865
subdivision shall be withheld by the auditor from the moneys	866
payable thereto at the time of the next tax settlement. At the	867
time of submitting budget estimates in each year, the board of	868
elections shall submit to the taxing authority of each	869
subdivision, upon the request of the subdivision, an estimate of	870
the amount to be withheld from the subdivision during the next	871
fiscal year.	872

(B) Except as otherwise provided in division (F) of this	873
section, the compensation of the members of the board of elections	874
and of the director, deputy director, and regular employees in the	875
board's offices, other than compensation for overtime worked; the	876
expenditures for the rental, furnishing, and equipping of the	877
office of the board and for the necessary office supplies for the	878
use of the board; the expenditures for the acquisition, repair,	879
care, and custody of the polling places, booths, guardrails, and	880
other equipment for polling places; the cost of tally sheets,	881
maps, flags, ballot boxes, and all other permanent records and	882
equipment; the cost of all elections held in and for the state and	883
county; and all other expenses of the board which are not	884
chargeable to a political subdivision in accordance with this	885
section shall be paid in the same manner as other county expenses	886
are paid.	887

(C) The compensation of ~~judges of elections~~precinct election	888
officials and intermittent employees in the board's offices; the	889
cost of renting, moving, heating, and lighting polling places and	890
of placing and removing ballot boxes and other fixtures and	891
equipment thereof, including voting machines, marking devices, and	892
automatic tabulating equipment; the cost of printing and	893
delivering ballots, cards of instructions, registration lists	894
required under section 3503.23 of the Revised Code, and other	895
election supplies, including the supplies required to comply with	896
division (H) of section 3506.01 of the Revised Code; the cost of	897
contractors engaged by the board to prepare, program, test, and	898
operate voting machines, marking devices, and automatic tabulating	899
equipment; and all other expenses of conducting primaries and	900
elections in the odd-numbered years shall be charged to the	901
subdivisions in and for which such primaries or elections are	902
held. The charge for each primary or general election in	903
odd-numbered years for each subdivision shall be determined in the	904
following manner: first, the total cost of all chargeable items	905
used in conducting such elections shall be ascertained; second,	906
the total charge shall be divided by the number of precincts	907
participating in such election, in order to fix the cost per	908
precinct; third, the cost per precinct shall be prorated by the	909
board of elections to the subdivisions conducting elections for	910
the nomination or election of offices in such precinct; fourth,	911
the total cost for each subdivision shall be determined by adding	912
the charges prorated to it in each precinct within the	913
subdivision.	914

(D) The entire cost of special elections held on a day other	915
than the day of a primary or general election, both in	916
odd-numbered or in even-numbered years, shall be charged to the	917
subdivision. Where a special election is held on the same day as a	918
primary or general election in an even-numbered year, the	919
subdivision submitting the special election shall be charged only	920
for the cost of ballots and advertising. Where a special election	921
is held on the same day as a primary or general election in an	922
odd-numbered year, the subdivision submitting the special election	923
shall be charged for the cost of ballots and advertising for such	924
special election, in addition to the charges prorated to such	925
subdivision for the election or nomination of candidates in each	926
precinct within the subdivision, as set forth in the preceding	927
paragraph.	928

(E) Where a special election is held on the day specified by	929
division (E) of section 3501.01 of the Revised Code for the	930
holding of a primary election, for the purpose of submitting to	931
the voters of the state constitutional amendments proposed by the	932
general assembly, and a subdivision conducts a special election on	933
the same day, the entire cost of the special election shall be	934
divided proportionally between the state and the subdivision based	935
upon a ratio determined by the number of issues placed on the	936
ballot by each, except as otherwise provided in division (G) of	937
this section. Such proportional division of cost shall be made	938
only to the extent funds are available for such purpose from	939
amounts appropriated by the general assembly to the secretary of	940
state. If a primary election is also being conducted in the	941
subdivision, the costs shall be apportioned as otherwise provided	942
in this section.	943

(F) When a precinct is open during a general, primary, or	944
special election solely for the purpose of submitting to the	945
voters a statewide ballot issue, the state shall bear the entire	946
cost of the election in that precinct and shall reimburse the	947
county for all expenses incurred in opening the precinct.	948

(G)(1) The state shall bear the entire cost of advertising in	949
newspapers statewide ballot issues, explanations of those issues,	950
and arguments for or against those issues, as required by Section	951
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	952
and any other section of law. Appropriations made to the	953
controlling board shall be used to reimburse the secretary of	954
state for all expenses the secretary of state incurs for such	955
advertising under division (G) of section 3505.062 of the Revised	956
Code.	957

(2) There is hereby created in the state treasury the	958
statewide ballot advertising fund. The fund shall receive	959
transfers approved by the controlling board, and shall be used by	960
the secretary of state to pay the costs of advertising state	961
ballot issues as required under division (G)(1) of this section.	962
Any such transfers may be requested from and approved by the	963
controlling board prior to placing the advertising, in order to	964
facilitate timely provision of the required advertising.	965

(H) The cost of renting, heating, and lighting registration	966
places; the cost of the necessary books, forms, and supplies for	967
the conduct of registration; and the cost of printing and posting	968
precinct registration lists shall be charged to the subdivision in	969
which such registration is held.	970

(I) At the request of a majority of the members of the board	971
of elections, the board of county commissioners may, by	972
resolution, establish an elections revenue fund. Except as	973
otherwise provided in this division, the purpose of the fund shall	974
be to accumulate revenue withheld by or paid to the county under	975
this section for the payment of any expense related to the duties	976
of the board of elections specified in section 3501.11 of the	977
Revised Code, upon approval of a majority of the members of the	978
board of elections. The fund shall not accumulate any revenue	979
withheld by or paid to the county under this section for the	980
compensation of the members of the board of elections or of the	981
director, deputy director, or other regular employees in the	982
board's offices, other than compensation for overtime worked.	983

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	984
Revised Code, the board of county commissioners may, by	985
resolution, transfer money to the elections revenue fund from any	986
other fund of the political subdivision from which such payments	987
lawfully may be made. Following an affirmative vote of a majority	988
of the members of the board of elections, the board of county	989
commissioners may, by resolution, rescind an elections revenue	990
fund established under this division. If an elections revenue fund	991
is rescinded, money that has accumulated in the fund shall be	992
transferred to the county general fund.	993

(J) As used in this section:

994

(1) "Political subdivision" and "subdivision" mean any board	995
of county commissioners, board of township trustees, legislative	996
authority of a municipal corporation, board of education, or any	997
other board, commission, district, or authority that is empowered	998
to levy taxes or permitted to receive the proceeds of a tax levy,	999
regardless of whether the entity receives tax settlement moneys as	1000
described in division (A) of this section;	1001

(2) "Statewide ballot issue" means any ballot issue, whether	1002
proposed by the general assembly or by initiative or referendum,	1003
that is submitted to the voters throughout the state.	1004

Sec. 3501.18. (A) The board of elections may divide a	1005
political subdivision within its jurisdiction into precincts,	1006
establish, define, divide, rearrange, and combine the several	1007
election precincts within its jurisdiction, and change the	1008
location of the polling place for each precinct when it is	1009
necessary to maintain the requirements as to the number of voters	1010
in a precinct and to provide for the convenience of the voters and	1011
the proper conduct of elections. No change in the number of	1012
precincts or in precinct boundaries shall be made during the	1013
twenty-five days immediately preceding a primary or general	1014
election or between the first day of January and the day on which	1015
the members of county central committees are elected in the years	1016
in which those committees are elected. Except as otherwise	1017
provided in section 3501.20 of the Revised Code and in division	1018
(C) of this section, each precinct shall contain a number of	1019
electors, not to exceed one thousand four hundred and, if the	1020
precinct is located in a municipal corporation, not less than five	1021
hundred, that the board of elections determines to be a reasonable	1022
number after taking into consideration the type and amount of	1023
available equipment, prior voter turnout, the size and location of	1024
each selected polling place, available parking, availability of an	1025
adequate number of poll workers, and handicap accessibility and	1026
other accessibility to the polling place.	1027

If the board changes the boundaries of a precinct after the	1028
filing of a local option election petition pursuant to sections	1029
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	1030
calls for a local option election to be held in that precinct, the	1031
local option election shall be held in the area that constituted	1032
the precinct at the time the local option petition was filed,	1033
regardless of the change in the boundaries.	1034

If the board changes the boundaries of a precinct in order to	1035
meet the requirements of division (B)(1) of this section in a	1036
manner that causes a member of a county central committee to no	1037
longer qualify as a representative of an election precinct in the	1038
county, of a ward of a city in the county, or of a township in the	1039
county, the member shall continue to represent the precinct, ward,	1040
or township for the remainder of the member's term, regardless of	1041
the change in boundaries.	1042

In an emergency, the board may provide more than one polling	1043
place in a precinct. In order to provide for the convenience of	1044
the voters, the board may locate polling places for voting or	1045
registration outside the boundaries of precincts, provided that	1046
the nearest public school or public building shall be used if the	1047
board determines it to be available and suitable for use as a	1048
polling place. Except in an emergency, no change in the number or	1049
location of the polling places in a precinct shall be made during	1050
the twenty-five days immediately preceding a primary or general	1051
election.	1052

Electors who have failed to respond within thirty days to any	1053
confirmation notice shall not be counted in determining the size	1054
of any precinct under this section.	1055

(B)(1) Except as otherwise provided in division (B)(2) of	1056
this section, a board of elections shall determine all precinct	1057
boundaries using geographical units used by the United States	1058
department of commerce, bureau of the census, in reporting the	1059
decennial census of Ohio.	1060

(2) The board of elections may apply to the secretary of	1061
state for a waiver from the requirement of division (B)(1) of this	1062
section when it is not feasible to comply with that requirement	1063
because of unusual physical boundaries or residential development	1064
practices that would cause unusual hardship for voters. The board	1065
shall identify the affected precincts and census units, explain	1066
the reason for the waiver request, and include a map illustrating	1067
where the census units will be split because of the requested	1068
waiver. If the secretary of state approves the waiver and so	1069
notifies the board of elections in writing, the board may change a	1070
precinct boundary as necessary under this section, notwithstanding	1071
the requirement in division (B)(1) of this section.	1072

(C) The board of elections may apply to the secretary of	1073
state for a waiver from the requirement of division (A) of this	1074
section regarding the number of electors in a precinct when the	1075
use of geographical units used by the United States department of	1076
commerce, bureau of the census, will cause a precinct to contain	1077
more than one thousand four hundred electors. The board shall	1078
identify the affected precincts and census units, explain the	1079
reason for the waiver request, and include a map illustrating	1080
where census units will be split because of the requested waiver.	1081
If the secretary of state approves the waiver and so notifies the	1082
board of elections in writing, the board may change a precinct	1083
boundary as necessary to meet the requirements of division (B)(1)	1084
of this section.	1085

(D) A board of elections does not violate division (A) of	1086
this section if its minimum precinct size varies from the minimum	1087
precinct size established in that division by five per cent or	1088
less.	1089

(E) The board of elections may apply to the secretary of	1090
state for a waiver from the minimum precinct size requirements of	1091
division (A) of this section. The board shall identify the	1092
affected precincts and explain the reason for the waiver request.	1093
If the secretary of state approves the waiver and so notifies the	1094
board of elections in writing, the board may change a precinct	1095
boundary in the manner specified in the waiver request.	1096

Sec. 3501.20. ~~The~~Notwithstanding the minimum precinct size	1097
established under section 3501.18 of the Revised Code, the lands	1098
used for a state or national home for disabled soldiers shall	1099
constitute a separate election precinct, and, if necessary, may be	1100
divided and rearranged within such limits as other precincts are	1101
arranged and divided.	1102

Sec. 3501.22. (A) On or before the fifteenth day of	1103
September in each year, the board of elections by a majority vote	1104
shall, after careful examination and investigation as to their	1105
qualifications, appoint for each election precinct four residents	1106
of the county in which the precinct is located, as ~~judges~~precinct	1107
election officials. Except as otherwise provided in division (C)	1108
of this section, all ~~judges of~~precinct election officials shall	1109
be qualified electors. The ~~judges~~precinct election officials	1110
shall constitute the election officers of the precinct. Not more	1111
than one-half of the total number of ~~judges~~precinct election	1112
officials shall be members of the same political party. The term	1113
of such precinct officers shall be for one year. The board may, at	1114
any time, designate any number of election officers, not more than	1115
one-half of whom shall be members of the same political party, to	1116
perform their duties at any precinct in any election. The board	1117
may appoint additional officials~~, equally divided between the two~~	1118
~~major political parties,~~ when necessary to expedite voting. If	1119
the board of elections determines that four precinct election	1120
officials are not required in a precinct for a special election,	1121
the board of elections may select two of the precinct's election	1122
officers, who are not members of the same political party, to	1123
serve as the precinct election officials for that precinct in that	1124
special election.	1125

Vacancies for unexpired terms shall be filled by the board.	1126
When new precincts have been created, the board shall appoint	1127
~~judges~~precinct election officials for those precincts for the	1128
unexpired term. Any ~~judge~~precinct election official may be	1129
summarily removed from office at any time by the board for neglect	1130
of duty, malfeasance, or misconduct in office or for any other	1131
good and sufficient reason.	1132

Precinct election officials shall perform all of the duties	1133
provided by law for receiving the ballots and supplies, opening	1134
and closing the polls, and overseeing the casting of ballots	1135
during the time the polls are open, and any other duties required	1136
by section 3501.26 of the Revised Code.	1137

A board of elections may designate two precinct election	1138
officials as counting officials to count and tally the votes cast	1139
and certify the results of the election at each precinct, and	1140
perform other duties as provided by law. To expedite the counting	1141
of votes at each precinct, the board may appoint additional	1142
officials, not more than one-half of whom shall be members of the	1143
same political party.	1144

The board shall designate one of the precinct election	1145
officials who is a member of the dominant political party to serve	1146
as a ~~presiding judge~~voting location manager, whose duty it is to	1147
deliver the returns of the election and all supplies to the office	1148
of the board. For these services, the ~~presiding judge~~voting	1149
location manager shall receive additional compensation in an	1150
amount, consistent with section 3501.28 of the Revised Code,	1151
determined by the board of elections.	1152

The board shall issue to each precinct election official a	1153
certificate of appointment, which the official shall present to	1154
the ~~presiding judge~~voting location manager at the time the polls	1155
are opened.	1156

(B) If the board of elections determines that not enough	1157
qualified electors in a precinct are available to serve as	1158
precinct officers, it may appoint persons to serve as precinct	1159
officers at a primary, special, or general election who are at	1160
least seventeen years of age and are registered to vote in	1161
accordance with section 3503.07 of the Revised Code.	1162

(C)(1) A board of elections, in conjunction with the board of	1163
education of a city, local, or exempted village school district,	1164
the governing authority of a community school established under	1165
Chapter 3314. of the Revised Code, or the chief administrator of a	1166
nonpublic school may establish a program permitting certain high	1167
school students to apply and, if appointed by the board of	1168
elections, to serve as precinct officers at a primary, special, or	1169
general election.	1170

In addition to the requirements established by division	1171
(C)(2) of this section, a board of education, governing authority,	1172
or chief administrator that establishes a program under this	1173
division in conjunction with a board of elections may establish	1174
additional criteria that students shall meet to be eligible to	1175
participate in that program.	1176

(2)(a) To be eligible to participate in a program established	1177
under division (C)(1) of this section, a student shall be a United	1178
States citizen, a resident of the county, at least seventeen years	1179
of age, and enrolled in the senior year of high school.	1180

(b) Any student applying to participate in a program	1181
established under division (C)(1) of this section, as part of the	1182
student's application process, shall declare the student's	1183
political party affiliation with the board of elections.	1184

(3) No student appointed as a precinct officer pursuant to a	1185
program established under division (C)(1) of this section shall be	1186
designated as a ~~presiding judge~~voting location manager.	1187

(4) Any student participating in a program established under	1188
division (C)(1) of this section shall be excused for that	1189
student's absence from school on the day of an election at which	1190
the student is serving as a precinct officer.	1191

(D) In any precinct with six or more precinct officers, up to	1192
two students participating in a program established under division	1193
(C)(1) of this section who are under eighteen years of age may	1194
serve as precinct officers. Not more than one precinct officer in	1195
any given precinct with fewer than six precinct officers shall be	1196
under eighteen years of age.	1197

Sec. 3501.26. When the polls are closed after a primary,	1198
general, or special election, the receiving officials shall, in	1199
the presence of the counting officials and attending observers,	1200
proceed as follows:	1201

(A) Count the number of electors who voted, as shown on the	1202
poll books;	1203

(B) Count the unused ballots without removing stubs;

1204

1205

(D) Insert the totals of divisions (A), (B), and (C) of this	1206
section on the report forms provided therefor in the poll books;	1207

(E) Count the voted ballots. If the number of voted ballots	1208
exceeds the number of voters whose names appear upon the poll	1209
books, the ~~presiding judge~~voting location manager shall enter on	1210
the poll books an explanation of that discrepancy, and that	1211
explanation, if agreed to, shall be subscribed to by all of the	1212
~~judges~~precinct election officials. Any ~~judge~~precinct official	1213
having a different explanation shall enter it in the poll books	1214
and subscribe to it.	1215

(F) Put the unused ballots with stubs attached, and soiled	1216
and defaced ballots with stubs attached, in the envelopes or	1217
containers provided therefor, and certify the number.	1218

The receiving officials shall deliver to and place in the	1219
custody of the counting officials all the supplies provided for	1220
the conduct of that election and the ballots that are to be	1221
counted and tallied, and take a receipt for the same, which	1222
receipt shall appear in and be a part of the poll books of such	1223
precinct. Having performed their duties, the receiving officials	1224
shall immediately depart.	1225

Having receipted for the ballots, the counting officials	1226
shall proceed to count and tally the vote as cast in the manner	1227
prescribed by section 3505.27 of the Revised Code and certify the	1228
result of the election to the board of elections.	1229

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	1230
shall complete a program of instruction pursuant to division (B)	1231
of this section. No person who has been convicted of a felony or	1232
any violation of the election laws, who is unable to read and	1233
write the English language readily, or who is a candidate for an	1234
office to be voted for by the voters of the precinct in which the	1235
person is to serve shall serve as an election officer. A person	1236
when appointed as an election officer shall receive from the board	1237
of elections a certificate of appointment that may be revoked at	1238
any time by the board for good and sufficient reasons. The	1239
certificate shall be in the form the board prescribes and shall	1240
specify the precinct, ward, or district in and for which the	1241
person to whom it is issued is appointed to serve, the date of	1242
appointment, and the expiration of the person's term of service.	1243

(B) Each board shall establish a program as prescribed by the	1244
secretary of state for the instruction of election officers in the	1245
rules, procedures, and law relating to elections. In each program,	1246
the board shall use training materials prepared by the secretary	1247
of state and may use additional materials prepared by or on behalf	1248
of the board. The board may use the services of unpaid volunteers	1249
in conducting its program and may reimburse those volunteers for	1250
necessary and actual expenses incurred in participating in the	1251
program.	1252

The board shall train each new election officer before the	1253
new officer participates in the first election in that capacity.	1254
The board shall instruct election officials who have been trained	1255
previously only when the board or secretary of state considers	1256
that instruction necessary, but the board shall reinstruct such	1257
persons, other than ~~presiding judges~~voting location managers, at	1258
least once in every three years and shall reinstruct ~~presiding~~	1259
~~judges~~voting location managers before the primary election in	1260
even-numbered years. The board shall schedule any program of	1261
instruction within sixty days prior to the election in which the	1262
officials to be trained will participate.	1263

(C) The duties of a ~~judge of an~~precinct election official in	1264
each polling place shall be performed only by an individual who	1265
has successfully completed the requirements of the program, unless	1266
such an individual is unavailable after reasonable efforts to	1267
obtain such services.	1268

(D) The secretary of state shall establish a program for the	1269
instruction of members of boards of elections and employees of	1270
boards in the rules, procedures, and law relating to elections.	1271
Each member and employee shall complete the training program	1272
within six months after the member's or employee's original	1273
appointment or employment, and thereafter each member and employee	1274
shall complete a training program to update their knowledge once	1275
every four years or more often as determined by the secretary of	1276
state.	1277

(E) The secretary of state shall reimburse each county for	1278
the cost of programs established pursuant to division (B) of this	1279
section, once the secretary of state has received an itemized	1280
statement of expenses for such instruction programs from the	1281
county. The itemized statement shall be in a form prescribed by	1282
the secretary of state.	1283

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

1284

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1285
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1286
amended.	1287

(2) "Full election day" means the period of time between the	1288
opening of the polls and the completion of the procedures	1289
contained in section 3501.26 of the Revised Code.	1290

(3) "Services" means services at each general, primary, or	1291
special election.	1292

(B) ~~Beginning with calendar year 1998, each judge of an~~	1293
~~election in a county shall be paid for the judge's services at the~~	1294
~~same hourly rate, which shall be not less than the minimum hourly~~	1295
~~rate established by the Fair Labor Standards Act and not more than~~	1296
~~eighty-five dollars per diem.~~	1297

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1298
precinct election official in a county shall be paid for the	1299
~~judge's~~official's services at the same hourly rate, which shall	1300
be not less than the minimum hourly rate established by the Fair	1301
Labor Standards Act and not more than ninety-five dollars per	1302
diem.	1303

~~(D)~~(C) The secretary of state shall establish, by rule	1304
adopted under section 111.15 of the Revised Code, the maximum	1305
amount of per diem compensation that may be paid to ~~judges of an~~	1306
precinct election officials under this section each time the Fair	1307
Labor Standards Act is amended to increase the minimum hourly rate	1308
established by the act. Upon learning of such an increase, the	1309
secretary of state shall determine by what percentage the minimum	1310
hourly rate has been increased under the act and establish a new	1311
maximum amount of per diem compensation that ~~judges of an~~precinct	1312
election officials may be paid under this section that is	1313
increased by the same percentage that the minimum hourly rate has	1314
been increased under the act.	1315

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1316
a ~~judge of an~~precinct election official under this section during	1317
a calendar year unless the board has given written notice of the	1318
proposed increase to the board of county commissioners not later	1319
than the first day of October of the preceding calendar year.	1320

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1321
this section, a board of elections may increase the pay of a ~~judge~~	1322
~~of an~~precinct election official during a calendar year by up to,	1323
but not exceeding, nine per cent over the compensation paid to a	1324
~~judge of an~~precinct election official in the county where the	1325
board is located during the previous calendar year, if the	1326
compensation so paid during the previous calendar year was	1327
eighty-five dollars or less per diem.	1328

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1329
this section, a board of elections may increase the pay of a ~~judge~~	1330
~~of an~~precinct election official during a calendar year by up to,	1331
but not exceeding, four and one-half per cent over the	1332
compensation paid to a ~~judge of an~~precinct election official in	1333
the county where the board is located during the previous calendar	1334
year, if the compensation so paid during the previous calendar	1335
year was more than eighty-five but less than ninety-five dollars	1336
per diem.	1337

(2) The board of county commissioners may review and comment	1338
upon a proposed increase and may enter into a written agreement	1339
with a board of elections to permit an increase in the	1340
compensation paid to ~~judges of an~~precinct election officials for	1341
their services during a calendar year that is greater than the	1342
applicable percentage limitation described in division	1343
~~(E)~~(D)(1)(b) or (c) of this section.	1344

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1345
less than the full election day shall be paid the maximum amount	1346
allowed under this section or the maximum amount as set by the	1347
board of elections, whichever is less.	1348

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1349
to (6) of this section, any employee of the state or of any	1350
political subdivision of the state may serve as a ~~judge of~~	1351
~~elections~~precinct election official on the day of an election	1352
without loss of the employee's regular compensation for that day	1353
as follows:	1354

(a) For employees of a county office, department, commission,	1355
board, or other entity, or of a court of common pleas, county	1356
court, or county-operated municipal court, as defined in section	1357
1901.03 of the Revised Code, the employee's appointing authority	1358
may permit leave with pay for this service in accordance with a	1359
resolution setting forth the terms and conditions for that leave	1360
passed by the board of county commissioners.	1361

(b) For all other employees of a political subdivision of the	1362
state, leave with pay for this service shall be subject to the	1363
terms and conditions set forth in an ordinance or a resolution	1364
passed by the legislative authority of the applicable political	1365
subdivision.	1366

(c) For state employees, leave with pay for this service	1367
shall be subject to the terms and conditions set forth by the head	1368
of the state agency, as defined in section 1.60 of the Revised	1369
Code, by which the person is employed.	1370

(2) Any terms and conditions set forth by a board of county	1371
commissioners, legislative authority of a political subdivision,	1372
or head of a state agency under division ~~(G)~~(F)(1) of this section	1373
shall include a standard procedure for deciding which employees	1374
are permitted to receive leave with pay if multiple employees of	1375
an entity or court described in division ~~(G)~~(F)(1)(a) of this	1376
section, of an entity of a political subdivision described in	1377
division ~~(G)~~(F)(1)(b) of this section, or of a state agency as	1378
defined in section 1.60 of the Revised Code apply to serve as a	1379
~~judge of elections~~precinct election official on the day of an	1380
election. This procedure shall be applied uniformly to all	1381
similarly situated employees.	1382

(3) Any employee who is eligible for leave with pay under	1383
division ~~(G)~~(F)(1) of this section shall receive, in addition to	1384
the employee's regular compensation, the compensation paid to the	1385
~~judge of an~~precinct election official under division (B),or (C),	1386
~~or (D)~~ of this section.	1387

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1388
either of the following:	1389

(a) Election officials;

1390

(b) Public school teachers.

1391

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1392
or negates any provision of a collective bargaining agreement in	1393
effect under Chapter 4117. of the Revised Code.	1394

(6) If a board of county commissioners, legislative authority	1395
of a political subdivision, or head of a state agency fails to set	1396
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1397
section, an employee of an entity or court described in division	1398
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1399
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1400
of a state agency as defined in section 1.60 of the Revised Code	1401
may use personal leave, vacation leave, or compensatory time, or	1402
take unpaid leave, to serve as a ~~judge of elections~~precinct	1403
election official on the day of an election.	1404

~~(H)~~(G) The board of elections may withhold the compensation	1405
of any precinct election official for failure to obey the	1406
instructions of the board or to comply with the law relating to	1407
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1408
a ~~judge of an~~precinct election official is entitled to receive	1409
under section 3501.36 of the Revised Code is in addition to the	1410
compensation the ~~judge~~official is entitled to receive under this	1411
section.	1412

Sec. 3501.29. (A) The board of elections shall provide for	1413
each precinct a polling place and provide adequate facilities at	1414
each polling place for conducting the election. The board shall	1415
provide a sufficient number of screened or curtained voting	1416
compartments to which electors may retire and conveniently mark	1417
their ballots, protected from the observation of others. Each	1418
voting compartment shall be provided at all times with writing	1419
implements, instructions how to vote, and other necessary	1420
conveniences for marking the ballot. The ~~presiding judge~~voting	1421
location manager shall ensure that the voting compartments at all	1422
times are adequately lighted and contain the necessary supplies.	1423
The board shall utilize, in so far as practicable, rooms in public	1424
schools and other public buildings for polling places. Upon	1425
application of the board of elections, the authority which has the	1426
control of any building or grounds supported by taxation under the	1427
laws of this state, shall make available the necessary space	1428
therein for the purpose of holding elections and adequate space	1429
for the storage of voting machines, without charge for the use	1430
thereof. A reasonable sum may be paid for necessary janitorial	1431
service. When polling places are established in private buildings,	1432
the board may pay a reasonable rental therefor, and also the cost	1433
of liability insurance covering the premises when used for	1434
election purposes, or the board may purchase a single liability	1435
policy covering the board and the owners of the premises when used	1436
for election purposes. When removable buildings are supplied by	1437
the board, they shall be constructed under the contract let to the	1438
lowest and best bidder, and the board shall observe all ordinances	1439
and regulations then in force as to safety. The board shall remove	1440
all such buildings from streets and other public places within	1441
thirty days after an election, unless another election is to be	1442
held within ninety days.	1443

(B)(1) Except as otherwise provided in this section, the	1444
board shall ensure all of the following:	1445

(a) That polling places are free of barriers that would	1446
impede ingress and egress of handicapped persons;	1447

(b) That the minimum number of special parking locations,	1448
also known as handicapped parking spaces or disability parking	1449
spaces, for handicapped persons are designated at each polling	1450
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1451
compliance with division (E) of section 4511.69 of the Revised	1452
Code.	1453

(c) That the entrances of polling places are level or are	1454
provided with a nonskid ramp ~~of not over eight per cent gradient~~	1455
that meets the requirements of the "Americans with Disabilities	1456
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	1457

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

1458

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1459
section, certain polling places may be specifically exempted by	1460
the secretary of state upon certification by a board of elections	1461
that a good faith, but unsuccessful, effort has been made to	1462
modify, or change the location of, such polling places.	1463

(C) At any polling place that is exempted from compliance by	1464
the secretary of state, the board of elections shall permit any	1465
handicapped elector who travels to that elector's polling place,	1466
but who is unable to enter the polling place, to vote, with the	1467
assistance of two polling place officials of major political	1468
parties, in the vehicle that conveyed that elector to the polling	1469
place, or to receive and cast that elector's ballot at the door of	1470
the polling place.	1471

(D) The secretary of state shall:

1472

(1) Work with other state agencies to facilitate the	1473
distribution of information and technical assistance to boards of	1474
elections to meet the requirements of division (B) of this	1475
section;	1476

(2) Work with organizations that represent or provide	1477
services to handicapped, disabled, or elderly citizens to effect a	1478
wide dissemination of information about the availability of	1479
absentee voting, voting in the voter's vehicle or at the door of	1480
the polling place, or other election services to handicapped,	1481
disabled, or elderly citizens.	1482

(E) Before the day of an election, the director of the board	1483
of elections of each county shall sign a statement verifying that	1484
each polling place that will be used in that county at that	1485
election meets the requirements of division (B)(1)(b) of this	1486
section. The signed statement shall be sent to the secretary of	1487
state by ~~certified~~ mail or electronically.	1488

(F) As used in this section, "handicapped" means having lost	1489
the use of one or both legs, one or both arms, or any combination	1490
thereof, or being blind or so severely disabled as to be unable to	1491
move about without the aid of crutches or a wheelchair.	1492

Sec. 3501.30. (A) The board of elections shall provide for	1493
each polling place the necessary ballot ~~boxes~~box, official	1494
ballots, cards of instructions, registration forms, pollbooks or	1495
poll lists, tally sheets, forms on which to make summary	1496
statements, writing implements, paper, and all other supplies	1497
necessary for casting and counting the ballots and recording the	1498
results of the voting at the polling place. The pollbooks or poll	1499
lists shall have certificates appropriately printed on them for	1500
the signatures of all the precinct officials, by which they shall	1501
certify that, to the best of their knowledge and belief, the	1502
pollbooks or poll lists correctly show the names of all electors	1503
who voted in the polling place at the election indicated in the	1504
pollbooks or poll lists.	1505

All of the following shall be included among the supplies	1506
provided to each polling place:	1507

(1) A large map of each appropriate precinct, which shall be	1508
displayed prominently to assist persons who desire to register or	1509
vote on election day. Each map shall show all streets within the	1510
precinct and contain identifying symbols of the precinct in bold	1511
print.	1512

(2) Any materials, postings, or instructions required to	1513
comply with state or federal laws;	1514

(3) A flag of the United States approximately two and	1515
one-half feet in length along the top, which shall be displayed	1516
outside the entrance to the polling place during the time it is	1517
open for voting;	1518

(4) Two or more small flags of the United States	1519
approximately fifteen inches in length along the top, which shall	1520
be placed at a distance of one hundred feet from the polling place	1521
on the thoroughfares or walkways leading to the polling place, to	1522
mark the distance within which persons other than election	1523
officials, observers, police officers, and electors waiting to	1524
mark, marking, or casting their ballots shall not loiter,	1525
congregate, or engage in any kind of election campaigning. Where	1526
small flags cannot reasonably be placed one hundred feet from the	1527
polling place, the ~~presiding election judge~~voting location	1528
manager shall place the flags as near to one hundred feet from the	1529
entrance to the polling place as is physically possible. Police	1530
officers and all election officials shall see that this	1531
prohibition against loitering and congregating is enforced.	1532

When the period of time during which the polling place is	1533
open for voting expires, all of the flags described in this	1534
division shall be taken into the polling place and shall be	1535
returned to the board together with all other election supplies	1536
required to be delivered to the board.	1537

(B) The board of elections shall follow the instructions and	1538
advisories of the secretary of state in the production and use of	1539
polling place supplies.	1540

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	1541
twenty-five thousand dollars for printing and furnishing the	1542
supplies, other than the official ballots, required in section	1543
3501.30 of the Revised Code, shall not be let until the board of	1544
elections has caused notice to be published once in a newspaper of	1545
general circulation within the county or upon notice given by	1546
mail, addressed to the responsible suppliers within the state. The	1547
board of elections may require that each bid be accompanied by a	1548
bond, with at least two individual sureties, or a surety company,	1549
satisfactory to the board, in a sum double the amount of the bid,	1550
conditioned upon the faithful performance of the contract awarded	1551
and for the payment as damages by such bidder to the board of any	1552
excess of cost over the bid which it may be required to pay for	1553
such work by reason of the failure of the bidder to complete the	1554
contract. The contract shall be let to the lowest and best bidder.	1555

Sec. 3501.302. The secretary of state may enter into	1556
agreements for the bulk purchase of election supplies in order to	1557
reduce the costs for such purchases by individual boards of	1558
elections. A board of elections desiring to participate in such	1559
purchase agreements shall file with the secretary of state a	1560
written request for inclusion. A request for inclusion shall	1561
include an agreement to be bound by such terms and conditions as	1562
the secretary of state prescribes and to make direct payments to	1563
the vendor under each purchase agreement.	1564

Sec. 3501.31. The board of elections shall mail to each	1565
precinct election official notice of the date, hours, and place of	1566
holding each election in the official's respective precinct at	1567
which it desires the official to serve. Each of such officials	1568
shall notify the board immediately upon receipt of such notice of	1569
any inability to serve.	1570

The election official designated as ~~presiding judge~~voting	1571
location manager under section 3501.22 of the Revised Code shall	1572
call at the office of the board at such time before the day of the	1573
election, not earlier than the tenth day before the day of the	1574
election, as the board designates to obtain the ballots,	1575
pollbooks, registration forms and lists, and other material to be	1576
used in the official's polling place on election day.	1577

The board may also provide for the delivery of such materials	1578
to polling places in a municipal corporation by members of the	1579
police department of such municipal corporation; or the board may	1580
provide for the delivery of such materials to the ~~presiding judge~~	1581
voting location manager not earlier than the tenth day before the	1582
election, in any manner it finds to be advisable.	1583

On election day the precinct election officials shall	1584
punctually attend the polling place one-half hour before the time	1585
fixed for opening the polls. Each of the precinct election	1586
officials shall thereupon make and subscribe to a statement which	1587
shall be as follows:	1588

"State of Ohio	1589

County of ...............	1590

I do solemnly swear under the penalty of perjury that I will	1591
support the constitution of the United States of America and the	1592
constitution of the state of Ohio and its laws; that I have not	1593
been convicted of a felony or any violation of the election laws;	1594
that I will discharge to the best of my ability the duties of	1595
~~judge of~~precinct election official in and for precinct	1596
.................... in the .................... (township) or	1597
(ward and city or village) .................... in the county of	1598
...................., in the election to be held on the ..........	1599
day of ..............., ....., as required by law and the rules	1600
and instructions of the board of elections of said county; and	1601
that I will endeavor to prevent fraud in such election, and will	1602
report immediately to said board any violations of the election	1603
laws which come to my attention, and will not disclose any	1604
information as to how any elector voted which is gained by me in	1605
the discharge of my official duties.	1606

............................................................	1607

............................................................	1608

............................................................	1609

............................................................	1610

............................................................	1611

............................................................	1612

(Signatures of precinct election officials)"	1613

If any of the other precinct election officials is absent at	1614
that time, the ~~presiding judge~~voting location manager, with the	1615
concurrence of a majority of the precinct election officials	1616
present, shall appoint a qualified elector who is a member of the	1617
same political party as the political party of which such absent	1618
precinct election official is a member to fill the vacancy until	1619
the board appoints a person to fill such vacancy and the person so	1620
appointed reports for duty at the polling place. The ~~presiding~~	1621
~~judge~~voting location manager shall promptly notify the board of	1622
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1623
location manager also shall assign the precinct election officials	1624
to their respective duties and shall have general charge of the	1625
polling place.	1626

Sec. 3501.32. (A) Except as otherwise provided in division	1627
(B) of this section, on the day of the election the polls shall be	1628
opened by proclamation by the ~~presiding judge~~voting location	1629
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1630
voting location manager chosen by the ~~judges~~precinct election	1631
officials, at six-thirty a.m. and shall be closed by proclamation	1632
at seven-thirty p.m. unless there are voters waiting in line to	1633
cast their ballots, in which case the polls shall be kept open	1634
until such waiting voters have voted.	1635

(B) On the day of the election, any polling place located on	1636
an island not connected to the mainland by a highway or a bridge	1637
may close earlier than seven-thirty p.m. if all registered voters	1638
in the precinct have voted. When a polling place closes under	1639
division (B) of this section the ~~presiding judge~~voting location	1640
manager shall immediately notify the board of elections of the	1641
closing.	1642

Sec. 3501.33. All ~~judges of~~precinct election officials	1643
shall enforce peace and good order in and about the place of	1644
registration or election. They shall especially keep the place of	1645
access of the electors to the polling place open and unobstructed	1646
and prevent and stop any improper practices or attempts tending to	1647
obstruct, intimidate, or interfere with any elector in registering	1648
or voting. They shall protect observers against molestation and	1649
violence in the performance of their duties, and may eject from	1650
the polling place any observer for violation of any provision of	1651
Title XXXV of the Revised Code. They shall prevent riots,	1652
violence, tumult, or disorder. In the discharge of these duties,	1653
they may call upon the sheriff, police, or other peace officers to	1654
aid them in enforcing the law. They may order the arrest of any	1655
person violating Title XXXV of the Revised Code, but such an	1656
arrest shall not prevent the person from registering or voting if	1657
the person is entitled to do so. The sheriff, all constables,	1658
police officers, and other officers of the peace shall immediately	1659
obey and aid in the enforcement of any lawful order made by the	1660
precinct election officials in the enforcement of Title XXXV of	1661
the Revised Code.	1662

Sec. 3501.35. (A) During an election and the counting of the	1663
ballots, no person shall do any of the following:	1664

(1) Loiter, congregate, or engage in any kind of election	1665
campaigning within the area between the polling place and the	1666
small flags of the United States placed on the thoroughfares and	1667
walkways leading to the polling place, and if the line of electors	1668
waiting to vote extends beyond those small flags, within ten feet	1669
of any elector in that line;	1670

(2) In any manner hinder or delay an elector in reaching or	1671
leaving the place fixed for casting the elector's ballot;	1672

(3) Give, tender, or exhibit any ballot or ticket to any	1673
person other than the elector's own ballot to the ~~judge of~~	1674
precinct election officials within the area between the polling	1675
place and the small flags of the United States placed on the	1676
thoroughfares and walkways leading to the polling place, and if	1677
the line of electors waiting to vote extends beyond those small	1678
flags, within ten feet of any elector in that line;	1679

(4) Exhibit any ticket or ballot which the elector intends to	1680
cast;	1681

(5) Solicit or in any manner attempt to influence any elector	1682
in casting the elector's vote.	1683

(B)(1) Except as otherwise provided in division (B)(2) of	1684
this section and division (C) of section 3503.23 of the Revised	1685
Code, no person who is not an election official, employee,	1686
observer, or police officer shall be allowed to enter the polling	1687
place during the election, except for the purpose of voting or	1688
assisting another person to vote as provided in section 3505.24 of	1689
the Revised Code.	1690

(2) Notwithstanding any provision of this section to the	1691
contrary, a journalist shall be allowed reasonable access to a	1692
polling place during an election. As used in this division,	1693
"journalist" has the same meaning as in division (B)(2) of section	1694
2923.129 of the Revised Code.	1695

(C) No more electors shall be allowed to approach the voting	1696
shelves at any time than there are voting shelves provided.	1697

(D) The ~~judges of~~precinct election officials and the police	1698
officer shall strictly enforce the observance of this section.	1699

Sec. 3501.37. After each election, the ~~judges of elections~~	1700
precinct election officials of each precinct, except when the	1701
board of elections assumes the duty, shall see that the movable	1702
booths and other equipment are returned for safekeeping to the	1703
fiscal officer of the township or to the clerk or auditor of the	1704
municipal corporation in which the precinct is situated. The	1705
fiscal officer, clerk, or auditor shall have booths and equipment	1706
on hand and in place at the polling places in each precinct before	1707
the time for opening the polls on election days, and for this	1708
service the board may allow the necessary expenses incurred. In	1709
cities, this duty shall devolve on the board.	1710

Sec. 3501.38. All declarations of candidacy, nominating	1711
petitions, or other petitions presented to or filed with the	1712
secretary of state or a board of elections or with any other	1713
public office for the purpose of becoming a candidate for any	1714
nomination or office or for the holding of an election on any	1715
issue shall, in addition to meeting the other specific	1716
requirements prescribed in the sections of the Revised Code	1717
relating to them, be governed by the following rules:	1718

(A) Only electors qualified to vote on the candidacy or issue	1719
which is the subject of the petition shall sign a petition. Each	1720
signer shall be a registered elector pursuant to section ~~3503.11~~	1721
3503.01 of the Revised Code. The facts of qualification shall be	1722
determined as of the date when the petition is filed.	1723

(B) Signatures shall be affixed in ink. Each signer may also	1724
print the signer's name, so as to clearly identify the signer's	1725
signature.	1726

(C) Each signer shall place on the petition after the	1727
signer's name the date of signing and the location of the signer's	1728
voting residence, including the street and number if in a	1729
municipal corporation or the rural route number, post office	1730
address, or township if outside a municipal corporation. The	1731
voting address given on the petition shall be the address	1732
appearing in the registration records at the board of elections.	1733

(D) Except as otherwise provided in section 3501.382 of the	1734
Revised Code, no person shall write any name other than the	1735
person's own on any petition. Except as otherwise provided in	1736
section 3501.382 of the Revised Code, no person may authorize	1737
another to sign for the person. If a petition contains the	1738
signature of an elector two or more times, only the first	1739
signature shall be counted.	1740

(E)(1) On each petition paper, the circulator shall indicate	1741
the number of signatures contained on it, and shall sign a	1742
statement made under penalty of election falsification that the	1743
circulator witnessed the affixing of every signature, that all	1744
signers were to the best of the circulator's knowledge and belief	1745
qualified to sign, and that every signature is to the best of the	1746
circulator's knowledge and belief the signature of the person	1747
whose signature it purports to be or of an attorney in fact acting	1748
pursuant to section 3501.382 of the Revised Code. On the	1749
circulator's statement for a declaration of candidacy or	1750
nominating petition for a person seeking to become a statewide	1751
candidate or for a statewide initiative or a statewide referendum	1752
petition, the circulator shall identify the circulator's name, the	1753
address of the circulator's permanent residence, and the name and	1754
address of the person employing the circulator to circulate the	1755
petition, if any.	1756

(2) As used in division (E) of this section, "statewide	1757
candidate" means the joint candidates for the offices of governor	1758
and lieutenant governor or a candidate for the office of secretary	1759
of state, auditor of state, treasurer of state, or attorney	1760
general.	1761

(F) Except as otherwise provided in section 3501.382 of the	1762
Revised Code, if a circulator knowingly permits an unqualified	1763
person to sign a petition paper or permits a person to write a	1764
name other than the person's own on a petition paper, that	1765
petition paper is invalid; otherwise, the signature of a person	1766
not qualified to sign shall be rejected but shall not invalidate	1767
the other valid signatures on the paper.	1768

(G) The circulator of a petition may, before filing it in a	1769
public office, strike from it any signature the circulator does	1770
not wish to present as a part of the petition.	1771

(H) Any signer of a petition or an attorney in fact acting	1772
pursuant to section 3501.382 of the Revised Code on behalf of a	1773
signer may remove the signer's signature from that petition at any	1774
time before the petition is filed in a public office by striking	1775
the signer's name from the petition; no signature may be removed	1776
after the petition is filed in any public office.	1777

(I)(1) No alterations, corrections, or additions may be made	1778
to a petition after it is filed in a public office.	1779

(2)(a) No declaration of candidacy, nominating petition, or	1780
other petition for the purpose of becoming a candidate may be	1781
withdrawn after it is filed in a public office. Nothing in this	1782
division prohibits a person from withdrawing as a candidate as	1783
otherwise provided by law.	1784

(b) No petition presented to or filed with the secretary of	1785
state, a board of elections, or any other public office for the	1786
purpose of the holding of an election on any question or issue may	1787
be resubmitted after it is withdrawn from a public office. Nothing	1788
in this division prevents a question or issue petition from being	1789
withdrawn by the filing of a written notice of the withdrawal by a	1790
majority of the members of the petitioning committee with the same	1791
public office with which the petition was filed prior to the	1792
sixtieth day before the election at which the question or issue is	1793
scheduled to appear on the ballot.	1794

(J) All declarations of candidacy, nominating petitions, or	1795
other petitions under this section shall be accompanied by the	1796
following statement in boldface capital letters: WHOEVER COMMITS	1797
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1798

(K) All separate petition papers shall be filed at the same	1799
time, as one instrument.	1800

(L) If a board of elections distributes for use a petition	1801
form for a declaration of candidacy, nominating petition, or any	1802
type of question or issue petition that does not satisfy the	1803
requirements of law as of the date of that distribution, the board	1804
shall not invalidate the petition on the basis that the petition	1805
form does not satisfy the requirements of law, if the petition	1806
otherwise is valid. Division (L) of this section applies only if	1807
the candidate received the petition from the board within ninety	1808
days of when the petition is required to be filed.	1809

Sec. 3501.40. In any administrative review of, or legal	1810
proceeding regarding, the actions of any election official under	1811
Title XXXV of the Revised Code, all of the following shall apply:	1812

(A) No election official shall be presumed to have committed	1813
any error in the course of the election official's duties, unless	1814
that error shall be independently proven by the facts of the	1815
administrative review or legal proceeding.	1816

(B) If an election official has been found to have committed	1817
an error with respect to a particular person or set of	1818
circumstances, that election official shall not be presumed to	1819
have committed an error with respect to any other person or set of	1820
circumstances.	1821

(C) If election officials in one precinct, polling location,	1822
or county are found to have committed an error with respect to a	1823
particular person or set of circumstances, that error shall not be	1824
presumed to have occurred in any other precinct, polling location,	1825
or county.	1826

Sec. 3503.02. All registrars and ~~judges of elections~~	1827
precinct election officials, in determining the residence of a	1828
person offering to register or vote, shall be governed by the	1829
following rules:	1830

(A) That place shall be considered the residence of a person	1831
in which the person's habitation is fixed and to which, whenever	1832
the person is absent, the person has the intention of returning.	1833

(B) A person shall not be considered to have lost the	1834
person's residence who leaves the person's home and goes into	1835
another state or county of this state, for temporary purposes	1836
only, with the intention of returning.	1837

(C) A person shall not be considered to have gained a	1838
residence in any county of this state into which the person comes	1839
for temporary purposes only, without the intention of making such	1840
county the permanent place of abode.	1841

(D) The place where the family of a married person resides	1842
shall be considered to be the person's place of residence; except	1843
that when the spouses have separated and live apart, the place	1844
where such a spouse resides the length of time required to entitle	1845
a person to vote shall be considered to be the spouse's place of	1846
residence.	1847

(E) If a person removes to another state with the intention	1848
of making such state the person's residence, the person shall be	1849
considered to have lost the person's residence in this state.	1850

(F) Except as otherwise provided in division (G) of this	1851
section, if a person removes from this state and continuously	1852
resides outside this state for a period of four years or more, the	1853
person shall be considered to have lost the person's residence in	1854
this state, notwithstanding the fact that the person may entertain	1855
an intention to return at some future period.	1856

(G) If a person removes from this state to engage in the	1857
services of the United States government, the person shall not be	1858
considered to have lost the person's residence in this state	1859
during the period of such service, and likewise should the person	1860
enter the employment of the state, the place where such person	1861
resided at the time of the person's removal shall be considered to	1862
be the person's place of residence.	1863

(H) If a person goes into another state and while there	1864
exercises the right of a citizen by voting, the person shall be	1865
considered to have lost the person's residence in this state.	1866

(I) If a person does not have a fixed place of habitation,	1867
but has a shelter or other location at which the person has been a	1868
consistent or regular inhabitant and to which the person has the	1869
intention of returning, that shelter or other location shall be	1870
deemed the person's residence for the purpose of registering to	1871
vote.	1872

Sec. 3503.06. ~~(A)~~ No person shall be entitled to vote at any	1873
election, or to sign ~~or circulate~~ any declaration of candidacy or	1874
any ~~nominating, or recall~~election petition, unless the person is	1875
registered as an elector and will have resided in the county and	1876
precinct where the person is registered for at least thirty days	1877
at the time of the next election.	1878

~~(B)(1) No person shall be entitled to circulate any~~	1879
~~initiative or referendum petition unless the person is a resident~~	1880
~~of this state.~~	1881

~~(2) All election officials, in determining the residence of a~~	1882
~~person circulating a petition under division (B)(1) of this~~	1883
~~section, shall be governed by the following rules:~~	1884

~~(a) That place shall be considered the residence of a person~~	1885
~~in which the person's habitation is fixed and to which, whenever~~	1886
~~the person is absent, the person has the intention of returning.~~	1887

~~(b) A person shall not be considered to have lost the~~	1888
~~person's residence who leaves the person's home and goes into~~	1889
~~another state for temporary purposes only, with the intention of~~	1890
~~returning.~~	1891

~~(c) A person shall not be considered to have gained a~~	1892
~~residence in any county of this state into which the person comes~~	1893
~~for temporary purposes only, without the intention of making that~~	1894
~~county the permanent place of abode.~~	1895

~~(d) If a person removes to another state with the intention~~	1896
~~of making that state the person's residence, the person shall be~~	1897
~~considered to have lost the person's residence in this state.~~	1898

~~(e) Except as otherwise provided in division (B)(2)(f) of~~	1899
~~this section, if a person removes from this state and continuously~~	1900
~~resides outside this state for a period of four years or more, the~~	1901
~~person shall be considered to have lost the person's residence in~~	1902
~~this state, notwithstanding the fact that the person may entertain~~	1903
~~an intention to return at some future period.~~	1904

~~(f) If a person removes from this state to engage in the~~	1905
~~services of the United States government, the person shall not be~~	1906
~~considered to have lost the person's residence in this state~~	1907
~~during the period of that service, and likewise should the person~~	1908
~~enter the employment of the state, the place where that person~~	1909
~~resided at the time of the person's removal shall be considered to~~	1910
~~be the person's place of residence.~~	1911

~~(g) If a person goes into another state and, while there,~~	1912
~~exercises the right of a citizen by voting, the person shall be~~	1913
~~considered to have lost the person's residence in this state.~~	1914

~~(C) No person shall be entitled to sign any initiative or~~	1915
~~referendum petition unless the person is registered as an elector~~	1916
~~and will have resided in the county and precinct where the person~~	1917
~~is registered for at least thirty days at the time of the next~~	1918
~~election.~~	1919

Sec. 3503.14. (A) The secretary of state shall prescribe the	1920
form and content of the registration, change of residence, and	1921
change of name forms used in this state. The forms shall meet the	1922
requirements of the National Voter Registration Act of 1993 and	1923
shall include spaces for all of the following:	1924

(1) The voter's name;

1925

(2) The voter's address;

1926

(3) The current date;

1927

(4) The voter's date of birth;

1928

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

1929

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

1930

(b) The last four digits of the voter's social security	1931
number, if any;	1932

(c) A copy of a current and valid photo identification, a	1933
copy of a military identification, or a copy of a current utility	1934
bill, bank statement, government check, paycheck, or other	1935
government document, other than ~~a notice of an election mailed by~~	1936
~~a board of elections under section 3501.19 of the Revised Code or~~	1937
a notice of voter registration mailed by a board of elections	1938
under section 3503.19 of the Revised Code, that shows the voter's	1939
name and address.	1940

(6) The voter's signature.

1941

The registration form shall include a space on which the	1942
person registering an applicant shall sign the person's name and	1943
provide the person's address and a space on which the person	1944
registering an applicant shall name the employer who is employing	1945
that person to register the applicant.	1946

Except for forms prescribed by the secretary of state under	1947
section 3503.11 of the Revised Code, the secretary of state shall	1948
permit boards of elections to produce forms that have subdivided	1949
spaces for each individual alphanumeric character of the	1950
information provided by the voter so as to accommodate the	1951
electronic reading and conversion of the voter's information to	1952
data and the subsequent electronic transfer of that data to the	1953
statewide voter registration database established under section	1954
3503.15 of the Revised Code.	1955

(B) None of the following persons who are registering an	1956
applicant in the course of that official's or employee's normal	1957
duties shall sign the person's name, provide the person's address,	1958
or name the employer who is employing the person to register an	1959
applicant on a form prepared under this section:	1960

(1) An election official;

1961

(2) A county treasurer;

1962

(3) A deputy registrar of motor vehicles;

1963

(4) An employee of a designated agency;

1964

(5) An employee of a public high school;

1965

(6) An employee of a public vocational school;

1966

(7) An employee of a public library;

1967

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

1968

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

1969

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

1970

(11) An employee of an election official.

1971

(C) Except as provided in section 3501.382 of the Revised	1972
Code, any applicant who is unable to sign the applicant's own name	1973
shall make an "X," if possible, which shall be certified by the	1974
signing of the name of the applicant by the person filling out the	1975
form, who shall add the person's own signature. If an applicant is	1976
unable to make an "X," the applicant shall indicate in some manner	1977
that the applicant desires to register to vote or to change the	1978
applicant's name or residence. The person registering the	1979
applicant shall sign the form and attest that the applicant	1980
indicated that the applicant desired to register to vote or to	1981
change the applicant's name or residence.	1982

(D) No registration, change of residence, or change of name	1983
form shall be rejected solely on the basis that a person	1984
registering an applicant failed to sign the person's name or	1985
failed to name the employer who is employing that person to	1986
register the applicant as required under division (A) of this	1987
section.	1988

(E) As used in this section, "registering an applicant"	1989
includes any effort, for compensation, to provide voter	1990
registration forms or to assist persons in completing or returning	1991
those forms.	1992

Sec. 3503.15. (A)(1) The secretary of state shall establish	1993
and maintain a statewide voter registration database that shall be	1994
administered by the office of the secretary of state and made	1995
continuously available to each board of elections and to other	1996
agencies as authorized by law.	1997

(2) State agencies, including, but not limited to, the	1998
department of health, bureau of motor vehicles, department of job	1999
and family services, and the department of rehabilitation and	2000
corrections, shall provide any information and data to the	2001
secretary of state that the secretary of state considers necessary	2002
in order to maintain the statewide voter registration database	2003
established pursuant to this section. The secretary of state shall	2004
ensure that any information or data provided to the secretary of	2005
state that is confidential in the possession of the entity	2006
providing the data remains confidential while in the possession of	2007
the secretary of state.	2008

Information provided under this division for maintenance of	2009
the statewide voter registration database shall not be used to	2010
update the name or address of a registered elector. The name or	2011
address of a registered elector shall only be updated as a result	2012
of the elector's actions in filing a notice of change of name,	2013
change of address, or both.	2014

(3) The secretary of state may enter into agreements to share	2015
information or data with other states or groups of states, as the	2016
secretary of state considers necessary, in order to maintain the	2017
statewide voter registration database established pursuant to this	2018
section. Except as otherwise provided in this division, the	2019
secretary of state shall ensure that any information or data	2020
provided to the secretary of state that is confidential in the	2021
possession of the state providing the data remains confidential	2022
while in the possession of the secretary of state. The secretary	2023
of state may provide such otherwise confidential information or	2024
data to persons or organizations that are engaging in legitimate	2025
governmental purposes related to the maintenance of the statewide	2026
voter registration database.	2027

(B) The statewide voter registration database established	2028
under this section shall be the official list of registered voters	2029
for all elections conducted in this state.	2030

(C) The statewide voter registration database established	2031
under this section shall, at a minimum, include all of the	2032
following:	2033

(1) An electronic network that connects all board of	2034
elections offices with the office of the secretary of state and	2035
with the offices of all other boards of elections;	2036

(2) A computer program that harmonizes the records contained	2037
in the database with records maintained by each board of	2038
elections;	2039

(3) An interactive computer program that allows access to the	2040
records contained in the database by each board of elections and	2041
by any persons authorized by the secretary of state to add,	2042
delete, modify, or print database records, and to conduct updates	2043
of the database;	2044

(4) A search program capable of verifying registered voters	2045
and their registration information by name, driver's license	2046
number, birth date, social security number, or current address;	2047

(5) Safeguards and components to ensure that the integrity,	2048
security, and confidentiality of the voter registration	2049
information is maintained.	2050

(D) The secretary of state shall adopt rules pursuant to	2051
Chapter 119. of the Revised Code doing all of the following:	2052

(1) Specifying the manner in which existing voter	2053
registration records maintained by boards of elections shall be	2054
converted to electronic files for inclusion in the statewide voter	2055
registration database;	2056

(2) Establishing a uniform method for entering voter	2057
registration records into the statewide voter registration	2058
database on an expedited basis, but not less than once per day, if	2059
new registration information is received;	2060

(3) Establishing a uniform method for purging canceled voter	2061
registration records from the statewide voter registration	2062
database in accordance with section 3503.21 of the Revised Code;	2063

(4) Specifying the persons authorized to add, delete, modify,	2064
or print records contained in the statewide voter registration	2065
database and to make updates of that database;	2066

(5) Establishing a process for annually auditing the	2067
information contained in the statewide voter registration	2068
database;	2069

(6) Establishing a uniform method for addressing instances in	2070
which records contained in the statewide voter registration	2071
database do not conform with records maintained by the bureau of	2072
motor vehicles.	2073

(E) A ~~board of elections promptly shall purge a~~ voter's name	2074
and voter registration information shall be purged from the	2075
statewide voter registration database in accordance with the rules	2076
adopted by the secretary of state under division (D)(3) of this	2077
section after the cancellation of a voter's registration under	2078
section 3503.21 of the Revised Code. The secretary of state shall	2079
notify the applicable board of elections of each voter from that	2080
county that the secretary of state has purged from the statewide	2081
voter registration database.	2082

(F) The secretary of state shall provide training in the	2083
operation of the statewide voter registration database to each	2084
board of elections and to any persons authorized by the secretary	2085
of state to add, delete, modify, or print database records, and to	2086
conduct updates of the database.	2087

(G)(1) The statewide voter registration database established	2088
under this section shall be made available on a web site of the	2089
office of the secretary of state as follows:	2090

(a) Except as otherwise provided in division (G)(1)(b) of	2091
this section, ~~only~~ the following information from the statewide	2092
voter registration database regarding a registered voter shall be	2093
made available on the web site:	2094

(i) The voter's name;

2095

(ii) The voter's address;

2096

(iii) The voter's precinct number;

2097

(iv) The voter's voting history.

2098

(b) During the thirty days before the day of a primary or	2099
general election, the web site interface of the statewide voter	2100
registration database shall permit a voter to search for the	2101
polling location at which that voter may cast a ballot.	2102

(2) The secretary of state shall establish, by rule adopted	2103
under Chapter 119. of the Revised Code, a process for boards of	2104
elections to notify the secretary of state of changes in the	2105
locations of precinct polling places for the purpose of updating	2106
the information made available on the secretary of state's web	2107
site under division (G)(1)(b) of this section. Those rules shall	2108
require a board of elections, during the thirty days before the	2109
day of a primary or general election, to notify the secretary of	2110
state within one business day of any change to the location of a	2111
precinct polling place within the county.	2112

(3) During the thirty days before the day of a primary or	2113
general election, not later than one business day after receiving	2114
a notification from a county pursuant to division (G)(2) of this	2115
section that the location of a precinct polling place has changed,	2116
the secretary of state shall update that information on the	2117
secretary of state's web site for the purpose of division	2118
(G)(1)(b) of this section.	2119

Sec. 3503.16. (A) Whenever a registered elector changes the	2120
place of residence of that registered elector from one precinct to	2121
another within a county or from one county to another, or has a	2122
change of name, that registered elector shall report the change by	2123
delivering a change of residence or change of name form, whichever	2124
is appropriate, as prescribed by the secretary of state under	2125
section 3503.14 of the Revised Code to the state or local office	2126
of a designated agency, a public high school or vocational school,	2127
a public library, the office of the county treasurer, the office	2128
of the secretary of state, any office of the registrar or deputy	2129
registrar of motor vehicles, or any office of a board of elections	2130
in person or by a third person. Any voter registration, change of	2131
address, or change of name application, returned by mail, may be	2132
sent only to the secretary of state or the board of elections.	2133

A registered elector also may update the registration of that	2134
registered elector by filing a change of residence or change of	2135
name form on the day of a special, primary, or general election at	2136
the polling place in the precinct in which that registered elector	2137
resides or at the board of elections ~~or at another site designated~~	2138
~~by the board~~.	2139

(B)(1)(a) Any registered elector who moves within a precinct	2140
on or prior to the day of a general, primary, or special election	2141
and has not filed a notice of change of residence with the board	2142
of elections may vote in that election by going to that registered	2143
elector's assigned polling place in the precinct in which the	2144
registered elector resides, completing and signing a notice of	2145
change of residence, showing identification in the form of a	2146
current and valid photo identification, a military identification,	2147
or a copy of a current utility bill, bank statement, government	2148
check, paycheck, or other government document, other than ~~a notice~~	2149
~~of an election mailed by a board of elections under section~~	2150
~~3501.19 of the Revised Code or~~ a notice of voter registration	2151
mailed by a board of elections under section 3503.19 of the	2152
Revised Code, that shows the name and current address of the	2153
elector, and casting a ballot. ~~If the elector provides either a~~	2154
~~driver's license or a state identification card issued under~~	2155
~~section 4507.50 of the Revised Code that does not contain the~~	2156
~~elector's current residence address, the elector shall provide the~~	2157
~~last four digits of the elector's driver's license number or state~~	2158
~~identification card number, and the precinct election official~~	2159
~~shall mark the poll list or signature pollbook to indicate that~~	2160
~~the elector has provided a driver's license or state~~	2161
~~identification card number with a former address and record the~~	2162
~~last four digits of the elector's driver's license number or state~~	2163
~~identification card number.~~	2164

(b) Any registered elector who changes the name of that	2165
registered elector and remains within a precinct on or prior to	2166
the day of a general, primary, or special election and has not	2167
filed a notice of change of name with the board of elections may	2168
vote in that election by going to that registered elector's	2169
assigned polling place in the precinct in which the registered	2170
elector resides, completing and signing a notice of a change of	2171
name, showing the identification required by division (B)(1)(a) of	2172
this section, and casting a ~~provisional~~ ballot ~~under section~~	2173
~~3505.181 of the Revised Code~~.	2174

(2) Any registered elector who moves from one precinct to	2175
another within a county or moves from one precinct to another and	2176
changes the name of that registered elector on or prior to the day	2177
of a general, primary, or special election and has not filed a	2178
notice of change of residence or change of name, whichever is	2179
appropriate, with the board of elections may vote in that election	2180
if that registered elector complies with division (G) of this	2181
section or does all of the following:	2182

(a) Appears ~~at anytime~~ during ~~regular business hours on or~~	2183
~~after the twenty-eighth day prior to the election in which that~~	2184
~~registered elector wishes to vote or, if the election is held on~~	2185
~~the day of a presidential primary election, the twenty-fifth day~~	2186
~~prior to the election, through noon of the Saturday prior to the~~	2187
~~election~~the time that absent voter's ballots may be cast in	2188
person at the office of the board of elections~~, appears at any~~	2189
~~time during regular business hours on the Monday prior to the~~	2190
~~election at the office of the board of elections,~~or, if pursuant	2191
to division (C)(2) of section 3501.10 of the Revised Code the	2192
board has designated another location at which registered electors	2193
may cast absent voter's ballots in person before an election, at	2194
that other location instead of the office of the board of	2195
elections, or appears on the day of the election at either of the	2196
following locations:	2197

(i) The polling place in the precinct in which that	2198
registered elector resides;	2199

(ii) The office of the board of elections ~~or, if pursuant to~~	2200
~~division (C) of section 3501.10 of the Revised Code the board has~~	2201
~~designated another location in the county at which registered~~	2202
~~electors may vote, at that other location instead of the office of~~	2203
~~the board of elections~~.	2204

(b) Completes and signs, under penalty of election	2205
falsification, the written affirmation on the provisional ballot	2206
envelope, which shall serve as a notice of change of residence or	2207
change of name, whichever is appropriate~~, and files it with~~	2208
~~election officials at the polling place, at the office of the~~	2209
~~board of elections, or, if pursuant to division (C) of section~~	2210
~~3501.10 of the Revised Code the board has designated another~~	2211
~~location in the county at which registered electors may vote, at~~	2212
~~that other location instead of the office of the board of~~	2213
~~elections~~, whichever is appropriate;	2214

(c) Votes a provisional ballot under section 3505.181 of the	2215
Revised Code at the polling place,in the precinct in which the	2216
registered elector resides, at the office of the board of	2217
elections, or, if pursuant to division (C)(2) of section 3501.10	2218
of the Revised Code the board has designated another location in	2219
the county at which registered electors may ~~vote~~cast absent	2220
voter's ballots in person before an election, at that other	2221
location instead of the office of the board of elections,	2222
whichever is appropriate, using the address to which that	2223
registered elector has moved or the name of that registered	2224
elector as changed, whichever is appropriate;	2225

(d) Completes and signs, under penalty of election	2226
falsification, a statement attesting that that registered elector	2227
moved or had a change of name, whichever is appropriate, on or	2228
prior to the day of the election, has voted a provisional ballot	2229
at the polling place in the precinct in which that registered	2230
elector resides, at the office of the board of elections, or, if	2231
pursuant to division (C)(2) of section 3501.10 of the Revised Code	2232
the board has designated another location in the county at which	2233
registered electors may ~~vote~~cast absent voter's ballots in person	2234
before an election, at that other location instead of the office	2235
of the board of elections, whichever is appropriate, and will not	2236
vote or attempt to vote at any other location for that particular	2237
election. ~~The statement required under division (B)(2)(d) of this~~	2238
~~section shall be included on the notice of change of residence or~~	2239
~~change of name, whichever is appropriate, required under division~~	2240
~~(B)(2)(b) of this section.~~	2241

(C) Any registered elector who moves from one county to	2242
another county within the state or moves from one county to	2243
another and changes the name of that registered elector on or	2244
prior to the day of a general, primary, or special election and	2245
has not registered to vote in the county to which that registered	2246
elector moved may vote in that election if that registered elector	2247
complies with division (G) of this section or does all of the	2248
following:	2249

(1) Appears ~~at any time~~ during ~~regular business hours on or~~	2250
~~after the twenty-eighth day prior to the election in which that~~	2251
~~registered elector wishes to vote or, if the election is held on~~	2252
~~the day of a presidential primary election, the twenty-fifth day~~	2253
~~prior to the election, through noon of the Saturday prior to the~~	2254
~~election~~the time that absent voter's ballots may be cast in	2255
person at the office of the board of elections or, if pursuant to	2256
division (C)(2) of section 3501.10 of the Revised Code the board	2257
has designated another location in the county at which registered	2258
electors may ~~vote~~cast absent voter's ballots in person before an	2259
election, at that other location instead of the office of the	2260
board of elections, ~~appears during regular business hours on the~~	2261
~~Monday prior to the election at the office of the board of~~	2262
~~elections or, if pursuant to division (C) of section 3501.10 of~~	2263
~~the Revised Code the board has designated another location in the~~	2264
~~county at which registered electors may vote, at that other~~	2265
~~location instead of the office of the board of elections,~~ or	2266
appears on the day of the election at ~~the~~either of the following	2267
locations:	2268

(a) The polling place in the precinct in which that elector	2269
resides;	2270

(b) The office of the board of elections ~~or, if pursuant to~~	2271
~~division (C) of section 3501.10 of the Revised Code the board has~~	2272
~~designated another location in the county at which registered~~	2273
~~electors may vote, at that other location instead of the office of~~	2274
~~the board of elections~~;	2275

(2) Completes and signs, under penalty of election	2276
falsification, the written affirmation on the provisional ballot	2277
envelope, which shall serve as a notice of change of residence	2278
~~and files it with election officials at the board of elections or,~~	2279
~~if pursuant to division (C) of section 3501.10 of the Revised Code~~	2280
~~the board has designated another location in the county at which~~	2281
~~registered electors may vote, at that other location instead of~~	2282
~~the office of the board of elections~~or change of name, whichever	2283
is appropriate;	2284

(3) Votes a provisional ballot under section 3505.181 of the	2285
Revised Code at the polling place in which the registered elector	2286
resides, at the office of the board of elections or, if pursuant	2287
to division (C)(2) of section 3501.10 of the Revised Code the	2288
board has designated another location in the county at which	2289
registered electors may ~~vote~~cast absent voter's ballots in person	2290
before an election, at that other location instead of the office	2291
of the board of elections, using the address to which that	2292
registered elector has moved or the name of that registered	2293
elector as changed, whichever is appropriate;	2294

(4) Completes and signs, under penalty of election	2295
falsification, a statement attesting that that registered elector	2296
has moved from one county to another county within the state or	2297
moved from one county to another and changed the elector's name,	2298
whichever is appropriate, on or prior to the day of the election,	2299
has voted at the office of the board of elections or, if pursuant	2300
to division (C)(2) of section 3501.10 of the Revised Code the	2301
board has designated another location in the county at which	2302
registered electors may ~~vote~~cast absent voter's ballots in person	2303
before an election, at that other location instead of the office	2304
of the board of elections, and will not vote or attempt to vote at	2305
any other location for that particular election. ~~The statement~~	2306
~~required under division (C)(4) of this section shall be included~~	2307
~~on the notice of change of residence required under division~~	2308
~~(C)(2) of this section.~~	2309

(D) A person who votes by absent voter's ballots pursuant to	2310
division (G) of this section shall not make written application	2311
for the ballots pursuant to Chapter 3509. of the Revised Code.	2312
Ballots cast pursuant to division (G) of this section shall be set	2313
aside in a special envelope and counted during the official	2314
canvass of votes in the manner provided for in sections 3505.32	2315
and 3509.06 of the Revised Code insofar as that manner is	2316
applicable. The board shall examine the pollbooks to verify that	2317
no ballot was cast at the polls or by absent voter's ballots under	2318
Chapter 3509. or 3511. of the Revised Code by an elector who has	2319
voted by absent voter's ballots pursuant to division (G) of this	2320
section. Any ballot determined to be insufficient for any of the	2321
reasons stated above or stated in section 3509.07 of the Revised	2322
Code shall not be counted.	2323

~~Subject to division (C) of section 3501.10 of the Revised~~	2324
~~Code, a board of elections may lease or otherwise acquire a site~~	2325
~~different from the office of the board at which registered~~	2326
~~electors may vote pursuant to division (B) or (C) of this section.~~	2327

(E) Upon receiving a change of residence or change of name	2328
form, the board of elections shall immediately send the registrant	2329
an acknowledgment notice. If the change of residence or change of	2330
name form is valid, the board shall update the voter's	2331
registration as appropriate. If that form is incomplete, the board	2332
shall inform the registrant in the acknowledgment notice specified	2333
in this division of the information necessary to complete or	2334
update that registrant's registration.	2335

(F) Change of residence and change of name forms shall be	2336
available at each polling place, and when these forms are	2337
completed, noting changes of residence or name, as appropriate,	2338
they shall be filed with election officials at the polling place.	2339
Election officials shall return completed forms, together with the	2340
pollbooks and tally sheets, to the board of elections.	2341

The board of elections shall provide change of residence and	2342
change of name forms to the probate court and court of common	2343
pleas. The court shall provide the forms to any person eighteen	2344
years of age or older who has a change of name by order of the	2345
court or who applies for a marriage license. The court shall	2346
forward all completed forms to the board of elections within five	2347
days after receiving them.	2348

(G) A registered elector who otherwise would qualify to vote	2349
under division (B) or (C) of this section but is unable to appear	2350
at the office of the board of elections or, if pursuant to	2351
division (C)(2) of section 3501.10 of the Revised Code the board	2352
has designated another location in the county at which registered	2353
electors may ~~vote~~cast absent voter's ballots in person before an	2354
election, at that other location, on account of personal illness,	2355
physical disability, or infirmity, may vote on the day of the	2356
election if that registered elector does all of the following:	2357

(1) Makes a written application that includes all of the	2358
information required under section 3509.03 of the Revised Code to	2359
the appropriate board for an absent voter's ballot on or after the	2360
~~twenty-seventh~~twenty-first day prior to the election in which the	2361
registered elector wishes to vote through ~~noon~~six p.m. of the	2362
~~Saturday~~Friday prior to that election and requests that the	2363
absent voter's ballot be sent to the address to which the	2364
registered elector has moved if the registered elector has moved,	2365
or to the address of that registered elector who has not moved but	2366
has had a change of name;	2367

(2) Declares that the registered elector has moved or had a	2368
change of name, whichever is appropriate, and otherwise is	2369
qualified to vote under the circumstances described in division	2370
(B) or (C) of this section, whichever is appropriate, but that the	2371
registered elector is unable to appear at the board of elections	2372
because of personal illness, physical disability, or infirmity;	2373

(3) Completes and returns along with the completed absent	2374
voter's ballot a notice of change of residence indicating the	2375
address to which the registered elector has moved, or a notice of	2376
change of name, whichever is appropriate;	2377

(4) Completes and signs, under penalty of election	2378
falsification, a statement attesting that the registered elector	2379
has moved or had a change of name on or prior to the day before	2380
the election, has voted by absent voter's ballot because of	2381
personal illness, physical disability, or infirmity that prevented	2382
the registered elector from appearing at the board of elections,	2383
and will not vote or attempt to vote at any other location or by	2384
absent voter's ballot mailed to any other location or address for	2385
that particular election.	2386

Sec. 3503.161. The secretary of state, by rule, shall	2387
establish a secure online process to allow registered voters who	2388
have changed their place of residence to update their voter	2389
registration through the internet. The rules shall provide for all	2390
of the following:	2391

(A) A registered elector to update the elector's residential	2392
address information with the secretary of state online through the	2393
internet;	2394

(B) The elector's residential address information to be	2395
updated in the statewide voter registration database, if all of	2396
the following apply:	2397

(1) The online change of residence form contains all of the	2398
required information;	2399

(2) The elector is currently registered to vote in this	2400
state; and	2401

(3) The elector's name, new residence address, birthdate, and	2402
other information contained on the change of residence form	2403
matches the same information in the records of the bureau of motor	2404
vehicles regarding the elector.	2405

Sec. 3503.18. (A)(1)(a) The chief health officer of each	2406
political subdivision and the director of health shall file with	2407
the secretary of state and each board of elections, at least once	2408
each month, the names, social security numbers, dates of birth,	2409
dates of death, and residences of all persons, over eighteen years	2410
of age, who have died within such subdivision or within this state	2411
or another state, respectively, within such month.	2412

(b) The secretary of state and the director of health shall	2413
jointly establish a secure electronic system through which they	2414
shall exchange the information described in division (A)(1)(a) of	2415
this section regarding the death of a registered elector.	2416

(2) At least once each month, the secretary of state shall	2417
query the social security administration death master file for a	2418
report of all persons of the age of eighteen years or older, whose	2419
last state of residence was Ohio, and who have died within another	2420
state.	2421

(B) At least once each month, each probate judge in this	2422
state shall file with the board of elections the names and	2423
residence addresses of all persons over eighteen years of age who	2424
have been adjudicated incompetent for the purpose of voting, as	2425
provided in section 5122.301 of the Revised Code. At	2426

(C) At least once each month the clerk of the court of common	2427
pleas shall file with the board the names and residence addresses	2428
of all persons who have been convicted during the previous month	2429
of crimes that would disfranchise such persons under existing laws	2430
of the state. Reports of conviction of crimes under the laws of	2431
the United States that would disfranchise an elector and that are	2432
provided to the secretary of state by any United States attorney	2433
shall be forwarded by the secretary of state to the appropriate	2434
board of elections.	2435

(D) Upon receiving a report required by this section, the	2436
~~board of elections shall promptly cancel the~~ registration of each	2437
elector named in the report shall be promptly canceled by the	2438
secretary of state or the board of elections, as applicable. If a	2439
board of elections receives the report, and the report contains a	2440
residence address of an elector in a county other than the county	2441
in which the board of elections is located, the director shall	2442
promptly send a copy of the report to the appropriate board of	2443
elections, which shall cancel the registration.	2444

Sec. 3503.19. (A) Persons qualified to register or to change	2445
their registration because of a change of address or change of	2446
name may register or change their registration in person at any	2447
state or local office of a designated agency, at the office of the	2448
registrar or any deputy registrar of motor vehicles, at a public	2449
high school or vocational school, at a public library, at the	2450
office of a county treasurer, or at a branch office established by	2451
the board of elections, or in person, through another person, or	2452
by mail at the office of the secretary of state or at the office	2453
of a board of elections. A registered elector may also change the	2454
elector's registration on election day at any polling place where	2455
the elector is eligible to vote, in the manner provided under	2456
section 3503.16 of the Revised Code.	2457

Any state or local office of a designated agency, the office	2458
of the registrar or any deputy registrar of motor vehicles, a	2459
public high school or vocational school, a public library, or the	2460
office of a county treasurer shall transmit any voter registration	2461
application or change of registration form that it receives to the	2462
board of elections of the county in which the state or local	2463
office is located, within five business days after receiving the	2464
voter registration application or change of registration form.	2465

An otherwise valid voter registration application that is	2466
returned to the appropriate office other than by mail must be	2467
received by a state or local office of a designated agency, the	2468
office of the registrar or any deputy registrar of motor vehicles,	2469
a public high school or vocational school, a public library, the	2470
office of a county treasurer, the office of the secretary of	2471
state, or the office of a board of elections no later than the	2472
thirtieth day preceding a primary, special, or general election	2473
for the person to qualify as an elector eligible to vote at that	2474
election. An otherwise valid registration application received	2475
after that day entitles the elector to vote at all subsequent	2476
elections.	2477

Any state or local office of a designated agency, the office	2478
of the registrar or any deputy registrar of motor vehicles, a	2479
public high school or vocational school, a public library, or the	2480
office of a county treasurer shall date stamp a registration	2481
application or change of name or change of address form it	2482
receives using a date stamp that does not disclose the identity of	2483
the state or local office that receives the registration.	2484

Voter registration applications, if otherwise valid, that are	2485
returned by mail to the office of the secretary of state or to the	2486
office of a board of elections must be postmarked no later than	2487
the thirtieth day preceding a primary, special, or general	2488
election in order for the person to qualify as an elector eligible	2489
to vote at that election. If an otherwise valid voter registration	2490
application that is returned by mail does not bear a postmark or a	2491
legible postmark, the registration shall be valid for that	2492
election if received by the office of the secretary of state or	2493
the office of a board of elections no later than twenty-five days	2494
preceding any special, primary, or general election.	2495

(B)(1) Any person may apply in person, by telephone, by mail,	2496
or through another person for voter registration forms to the	2497
office of the secretary of state or the office of a board of	2498
elections. An individual who is eligible to vote as a uniformed	2499
services voter or an overseas voter in accordance with 42 U.S.C.	2500
1973ff-6 also may apply for voter registration forms by electronic	2501
means to the office of the secretary of state or to the board of	2502
elections of the county in which the person's voting residence is	2503
located pursuant to section 3503.191 of the Revised Code.	2504

(2)(a) An applicant may return the applicant's completed	2505
registration form in person or by mail to any state or local	2506
office of a designated agency, to a public high school or	2507
vocational school, to a public library, to the office of a county	2508
treasurer, to the office of the secretary of state, or to the	2509
office of a board of elections. An applicant who is eligible to	2510
vote as a uniformed services voter or an overseas voter in	2511
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2512
completed voter registration form electronically to the office of	2513
the secretary of state or to the board of elections of the county	2514
in which the person's voting residence is located pursuant to	2515
section 3503.191 of the Revised Code.	2516

(b) Subject to division (B)(2)(c) of this section, an	2517
applicant may return the applicant's completed registration form	2518
through another person to any board of elections or the office of	2519
the secretary of state.	2520

(c) A person who receives compensation for registering a	2521
voter shall return any registration form entrusted to that person	2522
by an applicant to any board of elections or to the office of the	2523
secretary of state.	2524

(d) If a board of elections or the office of the secretary of	2525
state receives a registration form under division (B)(2)(b) or (c)	2526
of this section before the thirtieth day before an election, the	2527
board or the office of the secretary of state, as applicable,	2528
shall forward the registration to the board of elections of the	2529
county in which the applicant is seeking to register to vote	2530
within ten days after receiving the application. If a board of	2531
elections or the office of the secretary of state receives a	2532
registration form under division (B)(2)(b) or (c) of this section	2533
on or after the thirtieth day before an election, the board or the	2534
office of the secretary of state, as applicable, shall forward the	2535
registration to the board of elections of the county in which the	2536
applicant is seeking to register to vote within thirty days after	2537
that election.	2538

(C)(1) A board of elections that receives a voter	2539
registration application and is satisfied as to the truth of the	2540
statements made in the registration form shall register the	2541
applicant not later than twenty business days after receiving the	2542
application, unless that application is received during the thirty	2543
days immediately preceding the day of an election. The board shall	2544
promptly notify the applicant in writing of each of the following:	2545

(a) The applicant's registration;

2546

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

2547

2548

"Voters must bring identification to the polls in order to	2549
verify identity. Identification may include a current and valid	2550
photo identification, a military identification, or a copy of a	2551
current utility bill, bank statement, government check, paycheck,	2552
or other government document, other than this notification ~~or a~~	2553
~~notification of an election mailed by a board of elections~~, that	2554
shows the voter's name and current address. Voters who do not	2555
provide one of these documents will still be able to vote by	2556
providing the last four digits of the voter's social security	2557
number and by casting a provisional ballot. Voters who do not have	2558
any of the above forms of identification, including a social	2559
security number, will still be able to vote by signing an	2560
affirmation swearing to the voter's identity under penalty of	2561
election falsification and by casting a provisional ballot."	2562

The notification shall be by nonforwardable mail. If the mail	2563
is returned to the board, it shall investigate and cause the	2564
notification to be delivered to the correct address.	2565

(2) If, after investigating as required under division (C)(1)	2566
of this section, the board is unable to verify the voter's correct	2567
address, it shall cause the voter's name in the official	2568
registration list and in the poll list or signature pollbook to be	2569
marked to indicate that the voter's notification was returned to	2570
the board.	2571

At the first election at which a voter whose name has been so	2572
marked appears to vote, the voter shall be required to provide	2573
identification to the election officials and to vote by	2574
provisional ballot under section 3505.181 of the Revised Code. If	2575
the provisional ballot is counted pursuant to division (B)(3) of	2576
section 3505.183 of the Revised Code, the board shall correct that	2577
voter's registration, if needed, and shall remove the indication	2578
that the voter's notification was returned from that voter's name	2579
on the official registration list and on the poll list or	2580
signature pollbook. If the provisional ballot is not counted	2581
pursuant to division (B)(4)(a)(i),or (v)~~, or (vi)~~ of section	2582
3505.183 of the Revised Code, the voter's registration shall be	2583
canceled. The board shall notify the voter by United States mail	2584
of the cancellation.	2585

(3) If a notice of the disposition of an otherwise valid	2586
registration application is sent by nonforwardable mail and is	2587
returned undelivered, the person shall be registered as provided	2588
in division (C)(2) of this section and sent a confirmation notice	2589
by forwardable mail. If the person fails to respond to the	2590
confirmation notice, update the person's registration, or vote by	2591
provisional ballot as provided in division (C)(2) of this section	2592
in any election during the period of two federal elections	2593
subsequent to the mailing of the confirmation notice, the person's	2594
registration shall be canceled.	2595

Sec. 3503.21. (A) The registration of a registered elector	2596
shall be canceled upon the occurrence of any of the following:	2597

(1) The filing by a registered elector of a written request	2598
with a board of elections, on a form prescribed by the secretary	2599
of state and signed by the elector, that the registration be	2600
canceled. The filing of such a request does not prohibit an	2601
otherwise qualified elector from reregistering to vote at any	2602
time.	2603

(2) The filing of a notice of the death of a registered	2604
elector as provided in section 3503.18 of the Revised Code;	2605

(3) The filing with the board of elections of a certified	2606
copy of the death certificate of a registered elector by the	2607
deceased elector's spouse, parent, or child, by the administrator	2608
of the deceased elector's estate, or by the executor of the	2609
deceased elector's will;	2610

(4) The conviction of the registered elector of a felony	2611
under the laws of this state, any other state, or the United	2612
States as provided in section 2961.01 of the Revised Code;	2613

~~(3)~~(5) The adjudication of incompetency of the registered	2614
elector for the purpose of voting as provided in section 5122.301	2615
of the Revised Code;	2616

~~(5)~~(6) The change of residence of the registered elector to a	2617
location outside the county of registration in accordance with	2618
division (B) of this section;	2619

~~(6)~~(7) The failure of the registered elector, after having	2620
been mailed a confirmation notice, to do either of the following:	2621

(a) Respond to such a notice and vote at least once during a	2622
period of four consecutive years, which period shall include two	2623
general federal elections;	2624

(b) Update the elector's registration and vote at least once	2625
during a period of four consecutive years, which period shall	2626
include two general federal elections.	2627

(B)(1) The secretary of state shall prescribe procedures to	2628
identify and cancel the registration in a prior county of	2629
residence of any registrant who changes the registrant's voting	2630
residence to a location outside the registrant's current county of	2631
registration. Any procedures prescribed in this division shall be	2632
uniform and nondiscriminatory, and shall comply with the Voting	2633
Rights Act of 1965. The secretary of state may prescribe	2634
procedures under this division that include the use of the	2635
national change of address service provided by the United States	2636
postal system through its licensees. Any program so prescribed	2637
shall be completed not later than ninety days prior to the date of	2638
any primary or general election for federal office.	2639

(2) The registration of any elector identified as having	2640
changed the elector's voting residence to a location outside the	2641
elector's current county of registration shall not be canceled	2642
unless the registrant is sent a confirmation notice on a form	2643
prescribed by the secretary of state and the registrant fails to	2644
respond to the confirmation notice or otherwise update the	2645
registration and fails to vote in any election during the period	2646
of two federal elections subsequent to the mailing of the	2647
confirmation notice.	2648

(C) The registration of a registered elector shall not be	2649
canceled except as provided in this section, division (Q) of	2650
section 3501.05 of the Revised Code, division (C)(2) of section	2651
3503.19 of the Revised Code, or division (C) of section 3503.24 of	2652
the Revised Code.	2653

(D) ~~Boards of elections shall send their voter registration~~	2654
~~information to the secretary of state as required under section~~	2655
~~3503.15 of the Revised Code.~~ In the first quarter of each	2656
~~odd-numbered~~ year, ~~the secretary of state~~each board of elections	2657
shall send the voter-registration information of each person	2658
registered to vote in the applicable county to the national change	2659
of address service described in division (B) of this section and	2660
request that service to provide the ~~secretary of state~~board of	2661
elections with a list of any voters sent by the ~~secretary of~~	2662
~~state~~board of elections who have moved within the last ~~thirty-six~~	2663
twelve months. ~~The secretary of state shall transmit to each~~	2664
~~appropriate board of elections whatever lists the secretary of~~	2665
~~state receives~~Upon receipt of a response from that service~~. The~~,	2666
the board shall send a notice to each person on the list	2667
transmitted by ~~the secretary of state~~that service requesting	2668
confirmation of the person's change of address, together with a	2669
postage prepaid, preaddressed return envelope containing a form on	2670
which the voter may verify or correct the change of address	2671
information.	2672

(E) The registration of a registered elector described in	2673
division (A)~~(6)~~(7) or (B)(2) of this section shall be canceled not	2674
later than one hundred twenty days after the date of the second	2675
general federal election in which the elector fails to vote or not	2676
later than one hundred twenty days after the expiration of the	2677
four-year period in which the elector fails to vote or respond to	2678
a confirmation notice, whichever is later.	2679

Sec. 3503.22. A board of elections may send an acknowledgment	2680
notice as prescribed by the secretary of state to any registered	2681
elector at any time to facilitate the maintenance and accuracy of	2682
the statewide voter registration database.	2683

Sec. 3503.26. (A) All registration forms and lists, when not	2684
in official use by the registrars or ~~judges of elections~~precinct	2685
election officials, shall be in the possession of the board of	2686
elections. Names and addresses of electors may be copied from the	2687
registration lists only in the office of the board when it is open	2688
for business; but no such copying shall be permitted during the	2689
period of time commencing twenty-one days before an election and	2690
ending on the eleventh day after an election if such copying will,	2691
in the opinion of the board, interfere with the necessary work of	2692
the board. The board shall keep in convenient form and available	2693
for public inspection a correct set of the registration lists of	2694
all precincts in the county.	2695

(B) Notwithstanding division (A) of this section, the board	2696
of elections shall maintain and make available for public	2697
inspection and copying at a reasonable cost all records concerning	2698
the implementation of programs and activities conducted for the	2699
purpose of ensuring the accuracy and currency of voter	2700
registration lists, including the names and addresses of all	2701
registered electors sent confirmation notices and whether or not	2702
the elector responded to the confirmation notice. The board shall	2703
maintain all records described in this division for a period of	2704
two years.	2705

Sec. 3503.28. (A) The secretary of state shall develop an	2706
information brochure regarding voter registration. The brochure	2707
shall include, but is not limited to, all of the following	2708
information:	2709

(1) The applicable deadlines for registering to vote or for	2710
returning an applicant's completed registration form;	2711

(2) The applicable deadline for returning an applicant's	2712
completed registration form if the person returning the form is	2713
being compensated for registering voters;	2714

(3) The locations to which a person may return an applicant's	2715
completed registration form;	2716

(4) The location to which a person who is compensated for	2717
registering voters may return an applicant's completed	2718
registration form;	2719

(5) ~~The registration and affirmation requirements applicable~~	2720
~~to persons who are compensated for registering voters under~~	2721
~~section 3503.29 of the Revised Code;~~	2722

~~(6)~~ A notice, which shall be written in bold type, stating as	2723
follows:	2724

"Voters must bring identification to the polls in order to	2725
verify identity. Identification may include a current and valid	2726
photo identification, a military identification, or a copy of a	2727
current utility bill, bank statement, government check, paycheck,	2728
or other government document, other than ~~a notice of an election~~	2729
or a voter registration notification sent by a board of elections,	2730
that shows the voter's name and current address. Voters who do not	2731
provide one of these documents will still be able to vote by	2732
providing the last four digits of the voter's social security	2733
number and by casting a provisional ballot. Voters who do not have	2734
any of the above forms of identification, including a social	2735
security number, will still be able to vote by signing an	2736
affirmation swearing to the voter's identity under penalty of	2737
election falsification and by casting a provisional ballot."	2738

(B) ~~Except as otherwise provided in division (D) of this~~	2739
~~section, a board of elections, designated agency, public high~~	2740
~~school, public vocational school, public library, office of a~~	2741
~~county treasurer, or deputy registrar of motor vehicles shall~~	2742
~~distribute a copy of the brochure developed under division (A) of~~	2743
~~this section to any person who requests more than two voter~~	2744
~~registration forms at one time.~~	2745

~~(C)~~(1) The secretary of state shall provide the information	2746
required to be included in the brochure developed under division	2747
(A) of this section to any person who prints a voter registration	2748
form that is made available on a web site of the office of the	2749
secretary of state.	2750

(2) If a board of elections operates and maintains a web	2751
site, the board shall provide the information required to be	2752
included in the brochure developed under division (A) of this	2753
section to any person who prints a voter registration form that is	2754
made available on that web site.	2755

~~(D) A board of elections shall not be required to distribute~~	2756
~~a copy of a brochure under division (B) of this section to any of~~	2757
~~the following officials or employees who are requesting more than~~	2758
~~two voter registration forms at one time in the course of the~~	2759
~~official's or employee's normal duties:~~	2760

~~(1) An election official;~~

2761

~~(2) A county treasurer;~~

2762

~~(3) A deputy registrar of motor vehicles;~~

2763

~~(4) An employee of a designated agency;~~

2764

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

2765

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

2766

~~(7) An employee of a public library;~~

2767

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

2768

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

2769

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

2770

~~(11) An employee of an election official.~~

2771

~~(E)~~(C) As used in this section, "registering voters" includes	2772
any effort, for compensation, to provide voter registration forms	2773
or to assist persons in completing or returning those forms.	2774

Sec. 3504.01. A former elector of this state is eligible to	2775
vote a presidential ballot in the presidential general election	2776
held in this state in person or by mail if the former elector	2777
meets all of the following conditions:	2778

(A) The former elector moved out of this state not more than	2779
thirty days before the day of the presidential general election;	2780

(B) The former elector has not resided in the elector's new	2781
state of residence long enough to be eligible to vote in the	2782
presidential general election;	2783

(C) The former elector was registered to vote in this state	2784
at the time the former resident ceased to be a resident of this	2785
state; and	2786

(D) The former elector would be eligible to vote in this	2787
state if the former elector was a resident of this state.	2788

Sec. 3504.02. ~~Any citizen~~A former elector of this state who	2789
desires to vote in a presidential general election under this	2790
chapter shall,submit a completed certificate of intent to vote	2791
for presidential and vice-presidential electors not later than	2792
~~four p.m. of the thirtieth day prior to the date of the~~	2793
~~presidential election, complete a certificate of intent to vote~~	2794
~~for presidential and vice-presidential electors~~twelve noon of the	2795
third day before the day of the election. The certificate of	2796
intent shall be completed ~~in duplicate~~ on a form prescribed by the	2797
secretary of state that may be obtained and filed personally in	2798
the office of the board of elections of the county in which such	2799
person last resided before removal from this state, or mailed to	2800
such board of elections.	2801

Immediately following the spaces on the certificate for	2802
inserting information as requested by the secretary of state, the	2803
following statement shall be printed: "I declare under penalty of	2804
election falsification that the statements ~~herein~~ contained herein	2805
are true to the best of my knowledge and belief; that I am legally	2806
qualified to vote; that I am not ~~registered~~eligible to vote in	2807
the presidential general election in any other state; and that I	2808
have not voted in an election in any other state since removing	2809
myself from the state of Ohio.	2810

	..................................		2811
	Signature of applicant		2812
	..................................		2813
	Date		2814

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	2815
OF THE FIFTH DEGREE."	2816

The former elector also shall submit with the certificate of	2817
intent to vote for presidential and vice-presidential electors a	2818
properly completed and signed Ohio voter registration cancellation	2819
request on a form prescribed by the secretary of state.	2820

Sec. 3504.04. On or before the day of a presidential general	2821
election ~~day~~, the director of the board of elections shall deliver	2822
to the polling place a list of persons who have filed certificates	2823
of intent to vote as former resident voters and who appear, from	2824
their voting address, entitled to vote at such polling place.	2825
Those persons whose names appear on the list of former resident	2826
voters, and who have otherwise complied with sections 3504.01 to	2827
3504.06 of the Revised Code, shall then be entitled to vote for	2828
presidential and vice-presidential electors only at their polling	2829
place on election day or by absent voter's ballots. Such voter who	2830
votes at that voter's polling place on election day shall sign	2831
that voter's name in the poll book or poll list followed by,	2832
"Former Resident's Presidential Ballot." Qualified former	2833
residents shall be entitled to cast absent voter's ballots for	2834
presidential and vice-presidential electors.	2835

Sec. 3504.05. The director of the board of elections shall	2836
~~forward copies of all certificates~~electronically transmit any	2837
certificate of intent received from a former ~~residents~~elector to	2838
the secretary of state ~~no later than the twenty-fifth day prior to~~	2839
~~the day of the election in which such former resident desires to~~	2840
~~vote~~within one business day. Upon receipt of such certificate,	2841
the secretary of state shall immediately notify the chief	2842
elections officer of the state of each applicant's prior residence	2843
of the fact that such applicant has declared ~~his~~the applicant's	2844
intention to vote for presidential and vice-presidential electors	2845
in this state.	2846

Sec. 3505.05. At any time prior to the seventieth day before	2847
the day of an election at which a question or issue, other than a	2848
statewide question or issue, is certified to appear on the ballot,	2849
the political subdivision, taxing authority, or other entity that	2850
placed the issue on the ballot may remove that issue from the	2851
ballot using the same process that the entity used to originally	2852
certify the issue for placement on the ballot.	2853

Upon receipt of a notification that a question or issue has	2854
been withdrawn, the board of elections shall remove that question	2855
or issue from the ballot.	2856

Sec. 3505.07. (A) If the board of elections, by a unanimous	2857
vote of its members, or if the secretary of state, in the	2858
secretary of state's sole discretion, finds it impracticable to	2859
place the names of candidates for any office of a minor political	2860
subdivision in the county or the wording of any question or issue	2861
to be voted upon in such minor political subdivision on the	2862
ballots under sections 3505.01 to 3505.09 of the Revised Code,	2863
then such board may, or at the direction of the secretary of state	2864
shall, provide separate ballots for the candidates, question, or	2865
issue.	2866

(B) If the secretary of state, in the secretary of state's	2867
sole discretion, determines that it is impracticable to place the	2868
names of candidates for any office or the wording for any question	2869
or issue to be voted upon on the ballot when the candidates,	2870
question, issue, or wording for the question or issue was ordered	2871
onto the ballot by a court of competent jurisdiction and the	2872
ballots have been printed prior to the court order, the board of	2873
elections, at the direction of the secretary of state, shall	2874
provide separate ballots for the candidates, question, or issue.	2875

(C) All separate ballots provided for in this section shall	2876
conform in quality of paper, style of printing, form of ballot,	2877
arrangement of names, and in all other ways, in so far as	2878
practicable, with the provisions relating to the printing of the	2879
general official ballot. ~~Separate ballot boxes shall be provided~~	2880
~~for each such separate kind of ballot.~~	2881

Sec. 3505.08. (A) Ballots shall be provided by the board of	2882
elections for all general and special elections. The ballots shall	2883
be printed with black ink on No. 2 white book paper fifty pounds	2884
in weight per ream assuming such ream to consist of five hundred	2885
sheets of such paper twenty-five by thirty-eight inches in size.	2886
Each ballot shall have attached at the top two stubs, each of the	2887
width of the ballot and not less than one-half inch in length,	2888
except that, if the board of elections has an alternate method to	2889
account for the ballots that the secretary of state has	2890
authorized, each ballot may have only one stub that shall be the	2891
width of the ballot and not less than one-half inch in length. In	2892
the case of ballots with two stubs, the stubs shall be separated	2893
from the ballot and from each other by perforated lines. The top	2894
stub shall be known as Stub B and shall have printed on its face	2895
"Stub B." The other stub shall be known as Stub A and shall have	2896
printed on its face "Stub A." Each stub shall also have printed on	2897
its face "Consecutive Number .........."	2898

Each ballot of each kind of ballot provided for use in each	2899
precinct shall be numbered consecutively beginning with number 1	2900
by printing such number upon both of the stubs attached to the	2901
ballot. On ballots bearing the names of candidates, each	2902
candidate's name shall be printed in twelve point boldface upper	2903
case type in an enclosed rectangular space, and an enclosed blank	2904
rectangular space shall be provided at the left of the candidate's	2905
name. The name of the political party of a candidate nominated at	2906
a primary election or certified by a party committee shall be	2907
printed in ten point lightface upper and lower case type and shall	2908
be separated by a two point blank space. The name of each	2909
candidate shall be indented one space within the enclosed	2910
rectangular space, and the name of the political party shall be	2911
indented two spaces within the enclosed rectangular space.	2912

The title of each office on the ballots shall be printed in	2913
twelve point boldface upper and lower case type in a separate	2914
enclosed rectangular space. A four point rule shall separate the	2915
name of a candidate or a group of candidates for the same office	2916
from the title of the office next appearing below on the ballot; a	2917
two point rule shall separate the title of the office from the	2918
names of candidates; and a one point rule shall separate names of	2919
candidates. Headings shall be printed in display Roman type. When	2920
the names of several candidates are grouped together as candidates	2921
for the same office, there shall be printed on the ballots	2922
immediately below the title of the office and within the separate	2923
rectangular space in which the title is printed "Vote for not more	2924
than ........," in six point boldface upper and lower case filling	2925
the blank space with that number which will indicate the number of	2926
persons who may be lawfully elected to the office.	2927

Columns on ballots shall be separated from each other by a	2928
heavy vertical border or solid line at least one-eighth of an inch	2929
wide, and a similar vertical border or line shall enclose the left	2930
and right side of ballots. Ballots shall be trimmed along the	2931
sides close to such lines.	2932

The ballots provided for by this section shall be comprised	2933
of four kinds of ballots designated as follows: office type	2934
ballot; nonpartisan ballot; questions and issues ballot; and	2935
presidential ballot.	2936

On the back of each office type ballot shall be printed	2937
"Official Office Type Ballot;" on the back of each nonpartisan	2938
ballot shall be printed "Official Nonpartisan Ballot;" on the back	2939
of each questions and issues ballot shall be printed "Official	2940
Questions and Issues Ballot;" and on the back of each presidential	2941
ballot shall be printed "Official Presidential Ballot." On the	2942
back of every ballot also shall be printed the date of the	2943
election at which the ballot is used and the facsimile signatures	2944
of the members of the board of the county in which the ballot is	2945
used. For the purpose of identifying the kind of ballot, the back	2946
of every ballot may be numbered in the order the board shall	2947
determine. The numbers shall be printed in not less than	2948
thirty-six point type above the words "Official Office Type	2949
Ballot," "Official Nonpartisan Ballot," "Official Questions and	2950
Issues Ballot," or "Official Presidential Ballot," as the case may	2951
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	2952
be furnished for each precinct in which the above-described	2953
numbered ballots are used.	2954

On the back of every ballot used, there shall be a solid	2955
black line printed opposite the blank rectangular space that is	2956
used to mark the choice of the voter. This line shall be printed	2957
wide enough so that the mark in the blank rectangular space will	2958
not be visible from the back side of the ballot.	2959

Sample ballots may be printed by the board of elections for	2960
all general elections. The ballots shall be printed on colored	2961
paper, and "Sample Ballot" shall be plainly printed in boldface	2962
type on the face of each ballot. In counties of less than one	2963
hundred thousand population, the board may print not more than	2964
five hundred sample ballots; in all other counties, it may print	2965
not more than one thousand sample ballots. The sample ballots	2966
shall not be distributed by a political party or a candidate, nor	2967
shall a political party or candidate cause their title or name to	2968
be imprinted on sample ballots.	2969

(B) Notwithstanding division (A) of this section, in	2970
approving the form of an official ballot, the secretary of state	2971
may authorize the use of fonts, type face settings, and ballot	2972
formats other than those prescribed in that division.	2973

Sec. 3505.11. (A) The ballots, with the stubs attached,	2974
shall be bound into tablets for each precinct, which tablets shall	2975
contain at least one per cent more ballots than the total	2976
registration in the precinct, except as otherwise provided in	2977
division (B) of this section. Upon the covers of the tablets shall	2978
be written, printed, or stamped the designation of the precinct	2979
for which the ballots have been prepared. All official ballots	2980
shall be printed uniformly upon the same kind and quality of paper	2981
and shall be of the same shape, size, and type.	2982

Electors who have failed to respond within thirty days to any	2983
confirmation notice shall not be counted in determining the number	2984
of ballots to be printed under this section.	2985

(B)(1) A board of elections may choose to provide ballots on	2986
demand. If a board so chooses, the board shall have prepared for	2987
each precinct at least five per cent more ballots for an election	2988
than the number specified below for that kind of election:	2989

(a) For a primary election or a special election held on the	2990
day of a primary election, the total number of electors in that	2991
precinct who voted in the primary election held four years	2992
previously or, if no primary election was held four years	2993
previously, the total number of electors in that precinct who	2994
voted in a similarly situated primary, as determined by the board;	2995

(b) For a general election or a special election held on the	2996
day of a general election, the total number of electors in that	2997
precinct who voted in the general election held four years	2998
previously;	2999

(c) For a special election held at any time other than on the	3000
day of a primary or general election, the total number of electors	3001
in that precinct who voted in the most recent primary or general	3002
election, whichever of those elections occurred in the precinct	3003
most recently.	3004

(2) If, after the board complies with the requirements of	3005
division (B)(1) of this section, the election officials of a	3006
precinct determine that the precinct will not have enough ballots	3007
to enable all the qualified electors in the precinct who wish to	3008
vote at a particular election to do so, the officials shall	3009
request that the board provide additional ballots, and the board	3010
shall provide enough additional ballots, to that precinct in a	3011
timely manner so that all qualified electors in that precinct who	3012
wish to vote at that election may do so.	3013

Sec. 3505.13. A contract for the printing of ballots	3014
involving a cost in excess of ~~ten~~twenty-five thousand dollars	3015
shall not be let until after five days' notice published once in a	3016
leading newspaper published in the county or upon notice given by	3017
mail by the board of elections, addressed to the responsible	3018
printing offices within the state. Except as otherwise provided in	3019
this section, each bid for such printing must be accompanied by a	3020
bond with at least two sureties, or a surety company, satisfactory	3021
to the board, in a sum double the amount of the bid, conditioned	3022
upon the faithful performance of the contract for such printing as	3023
is awarded and for the payment as damages by such bidder to the	3024
board of any excess of cost over the bid which it may be obliged	3025
to pay for such work by reason of the failure of the bidder to	3026
complete the contract. No bid unaccompanied by such bond shall be	3027
considered by the board. The board may, however, waive the	3028
requirement that each bid be accompanied by a bond if the cost of	3029
the contract is ~~ten~~twenty-five thousand dollars or less. The	3030
contract shall be let to the lowest responsible bidder in the	3031
state. All ballots shall be printed within the state.	3032

Sec. 3505.16. Before the opening of the polls, the package	3033
of supplies and the ballot ~~boxes~~box shall be opened in the	3034
presence of the precinct officials. The ballot ~~boxes~~box, the	3035
package of ballots, registration forms, and other supplies shall	3036
at all times be in full sight of the observers, and no ballot box	3037
or unused ballots during the balloting or counting shall be	3038
removed or screened from their full sight until the counting has	3039
been closed and the final returns completed and the certificate	3040
signed by the judges.	3041

Sec. 3505.17. If by accident or casualty the ballots or	3042
other required papers, lists, or supplies are lost or destroyed,	3043
or in case none are delivered at the polling place, or if during	3044
the time the polls are open additional ballots or supplies are	3045
required, the board of elections, upon requisition by telephone or	3046
in writing and signed by a majority of the precinct election	3047
~~judges~~officials of the precinct stating why such additional	3048
supplies are needed, shall supply them as speedily as possible.	3049

Sec. 3505.18. (A)(1) When an elector appears in a polling	3050
place to vote, the elector shall announce to the precinct election	3051
officials the elector's full name and current address and provide	3052
proof of the elector's identity in the form of a current and valid	3053
photo identification, a military identification, or a copy of a	3054
current utility bill, bank statement, government check, paycheck,	3055
or other government document, other than ~~a notice of an election~~	3056
~~mailed by a board of elections under section 3501.19 of the~~	3057
~~Revised Code or~~ a notice of voter registration mailed by a board	3058
of elections under section 3503.19 of the Revised Code, that shows	3059
the name and current address of the elector. ~~If the elector~~	3060
~~provides either a driver's license or a state identification card~~	3061
~~issued under section 4507.50 of the Revised Code that does not~~	3062
~~contain the elector's current residence address, the elector shall~~	3063
~~provide the last four digits of the elector's driver's license~~	3064
~~number or state identification card number, and the precinct~~	3065
~~election official shall mark the poll list or signature pollbook~~	3066
~~to indicate that the elector has provided a driver's license or~~	3067
~~state identification card number with a former address and record~~	3068
~~the last four digits of the elector's driver's license number or~~	3069
~~state identification card number.~~	3070

(2) If an elector has but is unable to provide to the	3071
precinct election officials any of the forms of identification	3072
required under division (A)(1) of this section, ~~but has a social~~	3073
~~security number, the elector may provide the last four digits of~~	3074
~~the elector's social security number. Upon providing the social~~	3075
~~security number information,~~ the elector may cast a provisional	3076
ballot under section 3505.181 of the Revised Code~~, the envelope of~~	3077
~~which ballot shall include that social security number~~	3078
~~information~~.	3079

(3) ~~If an elector has but is unable to provide to the~~	3080
~~precinct election officials any of the forms of identification~~	3081
~~required under division (A)(1) of this section and if the elector~~	3082
~~has a social security number but is unable to provide the last~~	3083
~~four digits of the elector's social security number, the elector~~	3084
~~may cast a provisional ballot under section 3505.181 of the~~	3085
~~Revised Code.~~	3086

~~(4)~~ If an elector does not have any of the forms of	3087
identification required under division (A)(1) of this section ~~and~~	3088
~~cannot provide the last four digits of the elector's social~~	3089
~~security number because the elector does not have a social~~	3090
~~security number~~, the elector may execute an affirmation under	3091
penalty of election falsification that the elector cannot provide	3092
the identification required under that division ~~or the last four~~	3093
~~digits of the elector's social security number~~ for ~~those reasons~~	3094
that reason. Upon signing the affirmation, the elector may cast a	3095
provisional ballot under section 3505.181 of the Revised Code. The	3096
secretary of state shall prescribe the form of the affirmation,	3097
which shall include spaces for the elector to complete all of the	3098
following:	3099

(a) The elector's name;

3100

(b) The elector's address;

3101

(c) The ~~current date~~last four digits of the elector's social	3102
security number or the elector's Ohio driver's license number or	3103
state identification card number;	3104

(d) The elector's date of birth;

3105

(e) The elector's signature.

3106

~~(5)~~(4) If an elector does not have any of the forms of	3107
identification required under division (A)(1) of this section and	3108
~~cannot provide the last four digits of the elector's social~~	3109
~~security number because the elector does not have a social~~	3110
~~security number, and~~ if the elector declines to execute an	3111
affirmation under division (A)~~(4)~~(3) of this section, the elector	3112
may cast a provisional ballot under section 3505.181 of the	3113
Revised Code, ~~the envelope of which ballot shall include the~~	3114
~~elector's name~~but the ballot will not be counted.	3115

~~(6) If an elector has but declines to provide to the precinct~~	3116
~~election officials any of the forms of identification required~~	3117
~~under division (A)(1) of this section or the elector has a social~~	3118
~~security number but declines to provide to the precinct election~~	3119
~~officials the last four digits of the elector's social security~~	3120
~~number, the elector may cast a provisional ballot under section~~	3121
~~3505.181 of the Revised Code.~~	3122

(B) After the elector has announced the elector's full name	3123
and current address and provided any of the forms of	3124
identification required under division (A)(1) of this section, the	3125
elector shall write the elector's ~~name and address~~signature at	3126
the proper place in the poll list or signature pollbook provided	3127
for the purpose, except that if, for any reason, an elector is	3128
unable to write the elector's ~~name and current address~~signature	3129
in the poll list or signature pollbook, the elector may make the	3130
elector's mark at the place intended for the elector's ~~name~~	3131
signature, and a precinct election official shall write the name	3132
of the elector at the proper place on the poll list or signature	3133
pollbook following the elector's mark. The making of such a mark	3134
shall be attested by the precinct election official, who shall	3135
evidence the same by signing the precinct election official's name	3136
on the poll list or signature pollbook as a witness to the mark.	3137
Alternatively, if applicable, an attorney in fact acting pursuant	3138
to section 3501.382 of the Revised Code may sign the elector's	3139
signature in the poll list or signature pollbook in accordance	3140
with that section.	3141

The elector's signature in the poll list or signature	3142
pollbook then shall be compared with the elector's signature on	3143
the elector's registration form or a digitized signature list as	3144
provided for in section 3503.13 of the Revised Code, and if, in	3145
the opinion of a majority of the precinct election officials, the	3146
signatures are the signatures of the same person, the election	3147
officials shall enter the date of the election on the registration	3148
form or shall record the date by other means prescribed by the	3149
secretary of state. The validity of an attorney in fact's	3150
signature on behalf of an elector shall be determined in	3151
accordance with section 3501.382 of the Revised Code.	3152

If the right of the elector to vote is not then challenged,	3153
or, if being challenged, the elector establishes the elector's	3154
right to vote, the elector shall be allowed to proceed to use the	3155
voting machine. If voting machines are not being used in that	3156
precinct, the judge in charge of ballots shall then detach the	3157
next ballots to be issued to the elector from Stub B attached to	3158
each ballot, leaving Stub A attached to each ballot, hand the	3159
ballots to the elector, and call the elector's name and the stub	3160
number on each of the ballots. The judge shall enter the stub	3161
numbers opposite the signature of the elector in the pollbook. The	3162
elector shall then retire to one of the voting compartments to	3163
mark the elector's ballots. No mark shall be made on any ballot	3164
which would in any way enable any person to identify the person	3165
who voted the ballot.	3166

Sec. 3505.181. (A) All of the following individuals shall be	3167
permitted to cast a provisional ballot at an election:	3168

(1) An individual who declares that the individual is a	3169
registered voter in the jurisdiction in which the individual	3170
desires to vote and that the individual is eligible to vote in an	3171
election, but the name of the individual does not appear on the	3172
official list of eligible voters for the polling place or an	3173
election official asserts that the individual is not eligible to	3174
vote;	3175

(2) ~~An individual who has a social security number and~~	3176
~~provides to the election officials the last four digits of the~~	3177
~~individual's social security number as permitted by division~~	3178
~~(A)(2) of section 3505.18 of the Revised Code;~~	3179

~~(3)~~ An individual who has but is unable to provide to the	3180
election officials any of the forms of identification required	3181
under division (A)(1) of section 3505.18 of the Revised Code ~~and~~	3182
~~who has a social security number but is unable to provide the last~~	3183
~~four digits of the individual's social security number as~~	3184
~~permitted under division (A)(2) of that section~~;	3185

~~(4)~~(3) An individual who does not have any of the forms of	3186
identification required under division (A)(1) of section 3505.18	3187
of the Revised Code~~, who cannot provide the last four digits of~~	3188
~~the individual's social security number under division (A)(2) of~~	3189
~~that section because the individual does not have a social~~	3190
~~security number,~~ and who ~~has executed~~executes an affirmation as	3191
~~permitted~~under division (A)(3) of that section or declines to	3192
execute an affirmation under division (A)(4) of that section;	3193

~~(5)~~(4) An individual whose name in the poll list or signature	3194
pollbook has been marked under section 3509.09 or 3511.13 of the	3195
Revised Code as having requested an absent voter's ballot or an	3196
~~armed service~~a uniformed services or overseas absent voter's	3197
ballot for that election and who appears to vote at the polling	3198
place;	3199

~~(6)~~(5) An individual whose notification of registration has	3200
been returned undelivered to the board of elections and whose name	3201
in the official registration list and in the poll list or	3202
signature pollbook has been marked under division (C)(2) of	3203
section 3503.19 of the Revised Code;	3204

~~(7)~~(6) An individual who is challenged under section 3505.20	3205
of the Revised Code and the election officials determine that the	3206
person is ineligible to vote or are unable to determine the	3207
person's eligibility to vote;	3208

~~(8)~~(7) An individual whose application or challenge hearing	3209
has been postponed until after the day of the election under	3210
division (D)(1) of section 3503.24 of the Revised Code;	3211

~~(9)~~(8) An individual who ~~changes the individual's name and~~	3212
~~remains within the precinct,~~ moves from one precinct to another	3213
within a county, moves from one precinct to another and changes	3214
the individual's name, or moves from one county to another within	3215
the state, or moves from one county to another and changes the	3216
individual's name and completes and signs the required forms and	3217
statements under division (B) or (C) of section 3503.16 of the	3218
Revised Code;	3219

~~(10)~~(9) An individual whose signature, in the opinion of the	3220
precinct officers under section 3505.22 of the Revised Code, is	3221
not that of the person who signed that name in the registration	3222
forms;	3223

~~(11)~~(10) An individual who is challenged under section	3224
3513.20 of the Revised Code who refuses to make the statement	3225
required under that section, who a majority of the precinct	3226
officials find lacks any of the qualifications to make the	3227
individual a qualified elector, or who a majority of the precinct	3228
officials find is not affiliated with or a member of the political	3229
party whose ballot the individual desires to vote;	3230

~~(12) An individual who does not have any of the forms of~~	3231
~~identification required under division (A)(1) of section 3505.18~~	3232
~~of the Revised Code, who cannot provide the last four digits of~~	3233
~~the individual's social security number under division (A)(2) of~~	3234
~~that section because the person does not have a social security~~	3235
~~number, and who declines to execute an affirmation as permitted~~	3236
~~under division (A)(4) of that section;~~	3237

~~(13) An individual who has but declines to provide to the~~	3238
~~precinct election officials any of the forms of identification~~	3239
~~required under division (A)(1) of section 3501.18 of the Revised~~	3240
~~Code or who has a social security number but declines to provide~~	3241
~~to the precinct election officials the last four digits of the~~	3242
~~individual's social security number~~(11) An individual who is	3243
casting a ballot after the time for the closing of the polls under	3244
section 3501.32 of the Revised Code pursuant to a court order	3245
extending the time for the closing of the polls.	3246

(B) An individual who is eligible to cast a provisional	3247
ballot under division (A) of this section shall be permitted to	3248
cast a provisional ballot as follows:	3249

(1) An election official at the polling place shall notify	3250
the individual that the individual may cast a provisional ballot	3251
in that election.	3252

(2) The individual shall be permitted to cast a provisional	3253
ballot at that polling place upon the execution of a written	3254
affirmation by the individual before an election official at the	3255
polling place stating that the individual is both of the	3256
following:	3257

(a) A registered voter in the jurisdiction in which the	3258
individual desires to vote;	3259

(b) Eligible to vote in that election.

3260

If the individual declines to execute the affirmation, the	3261
election official shall not record any of the information required	3262
to be provided by the individual on the affirmation. The election	3263
official shall explain to the individual that the provisional	3264
ballot will not be counted.	3265

(3) An election official at the polling place shall transmit	3266
the ballot cast by the individual,and the voter information	3267
contained in the written affirmation executed by the individual	3268
under division (B)(2) of this section~~, or the individual's name if~~	3269
~~the individual declines to execute such an affirmation~~ to an	3270
appropriate local election official for verification ~~under~~	3271
~~division (B)(4) of this section~~.	3272

(4) ~~If the appropriate local election official to whom the~~	3273
~~ballot or voter or address information is transmitted under~~	3274
~~division (B)(3) of this section determines that the individual is~~	3275
~~eligible to vote, the individual's provisional ballot shall be~~	3276
~~counted as a vote in that election.~~	3277

~~(5)~~(a) At the time that an individual casts a provisional	3278
ballot, the appropriate local election official shall give the	3279
individual written information that states that any individual who	3280
casts a provisional ballot will be able to ascertain under the	3281
system established under division (B)~~(5)~~(4)(b) of this section	3282
whether the vote was counted, and, if the vote was not counted,	3283
the reason that the vote was not counted.	3284

(b) The appropriate state or local election official shall	3285
establish a free access system, in the form of a toll-free	3286
telephone number, that any individual who casts a provisional	3287
ballot may access to discover whether the vote of that individual	3288
was counted, and, if the vote was not counted, the reason that the	3289
vote was not counted. The free access system established under	3290
this division also shall provide to an individual whose	3291
provisional ballot was not counted information explaining how that	3292
individual may contact the board of elections to register to vote	3293
or to resolve problems with the individual's voter registration.	3294

The appropriate state or local election official shall	3295
establish and maintain reasonable procedures necessary to protect	3296
the security, confidentiality, and integrity of personal	3297
information collected, stored, or otherwise used by the free	3298
access system established under this division. Access to	3299
information about an individual ballot shall be restricted to the	3300
individual who cast the ballot.	3301

~~(6) If, at the time that an individual casts a provisional~~	3302
~~ballot, the individual provides identification in the form of a~~	3303
~~current and valid photo identification, a military identification,~~	3304
~~or a copy of a current utility bill, bank statement, government~~	3305
~~check, paycheck, or other government document, other than a notice~~	3306
~~of an election mailed by a board of elections under section~~	3307
~~3501.19 of the Revised Code or a notice of voter registration~~	3308
~~mailed by a board of elections under section 3503.19 of the~~	3309
~~Revised Code, that shows the individual's name and current~~	3310
~~address, or provides the last four digits of the individual's~~	3311
~~social security number, or executes an affirmation that the~~	3312
~~elector does not have any of those forms of identification or the~~	3313
~~last four digits of the individual's social security number~~	3314
~~because the individual does not have a social security number, or~~	3315
~~declines to execute such an affirmation, the appropriate local~~	3316
~~election official shall record the type of identification~~	3317
~~provided, the social security number information, the fact that~~	3318
~~the affirmation was executed, or the fact that the individual~~	3319
~~declined to execute such an affirmation and include that~~	3320
~~information with the transmission of the ballot or voter or~~	3321
~~address information under division (B)(3) of this section. If the~~	3322
~~individual declines to execute such an affirmation, the~~	3323
~~appropriate local election official shall record the individual's~~	3324
~~name and include that information with the transmission of the~~	3325
~~ballot under division (B)(3) of this section.~~	3326

~~(7)~~(5) If an individual casts a provisional ballot pursuant	3327
to division (A)~~(3), (7), (8), (12), or (13)~~(7) of this section,	3328
the election official shall indicate, on the provisional ballot	3329
verification statement required under section 3505.182 of the	3330
Revised Code, ~~that the individual is required to provide~~	3331
~~additional information to the board of elections or~~ that an	3332
application or challenge hearing has been postponed with respect	3333
to the individual, such that additional information is required	3334
for the board of elections to determine the eligibility of the	3335
individual who cast the provisional ballot.	3336

~~(8) During the ten days after the day of an election, an~~	3337
~~individual who casts a provisional ballot pursuant to division~~	3338
~~(A)(3), (7), (12), or (13) of this section shall appear at the~~	3339
~~office of the board of elections and provide to the board any~~	3340
~~additional information necessary to determine the eligibility of~~	3341
~~the individual who cast the provisional ballot.~~	3342

~~(a) For a provisional ballot cast pursuant to division~~	3343
~~(A)(3), (12), or (13) of this section to be eligible to be~~	3344
~~counted, the individual who cast that ballot, within ten days~~	3345
~~after the day of the election, shall do any of the following:~~	3346

~~(i) Provide to the board of elections proof of the~~	3347
~~individual's identity in the form of a current and valid photo~~	3348
~~identification, a military identification, or a copy of a current~~	3349
~~utility bill, bank statement, government check, paycheck, or other~~	3350
~~government document, other than a notice of an election mailed by~~	3351
~~a board of elections under section 3501.19 of the Revised Code or~~	3352
~~a notice of voter registration mailed by a board of elections~~	3353
~~under section 3503.19 of the Revised Code, that shows the~~	3354
~~individual's name and current address;~~	3355

~~(ii) Provide to the board of elections the last four digits~~	3356
~~of the individual's social security number;~~	3357

~~(iii) In the case of a provisional ballot executed pursuant~~	3358
~~to division (A)(12) of this section, execute an affirmation as~~	3359
~~permitted under division (A)(4) of section 3505.18 of the Revised~~	3360
~~Code.~~	3361

~~(b) For a provisional ballot cast pursuant to division (A)(7)~~	3362
~~of this section to be eligible to be counted, the individual who~~	3363
~~cast that ballot, within ten days after the day of that election,~~	3364
~~shall provide to the board of elections any identification or~~	3365
~~other documentation required to be provided by the applicable~~	3366
~~challenge questions asked of that individual under section 3505.20~~	3367
~~of the Revised Code.~~	3368

(C)(1) If an individual declares that the individual is	3369
eligible to vote in a jurisdiction other than the jurisdiction in	3370
which the individual desires to vote, ~~or if, upon review of the~~	3371
~~precinct voting location guide using the residential street~~	3372
~~address provided by the individual, an election official at the~~	3373
~~polling place at which the individual desires to vote determines~~	3374
~~that the individual is not eligible to vote in that jurisdiction,~~	3375
the election official shall ~~direct the individual to the polling~~	3376
~~place for the jurisdiction in which the individual appears to be~~	3377
~~eligible to vote,~~ explain that the individual may cast a	3378
provisional ballot at the current location but the ballot will not	3379
be counted if it is cast in the wrong precinct, and provide the	3380
telephone number of the board of elections in case the individual	3381
has additional questions.	3382

(2) ~~If the~~The individual ~~refuses to~~may travel to the	3383
polling place for the correct jurisdiction or to the office of the	3384
board of elections to cast a ballot, or the individual shall be	3385
permitted to vote a provisional ballot at that jurisdiction in	3386
accordance with division (B) of this section. ~~If any of the~~	3387
~~following apply, the provisional ballot cast by that individual~~	3388
~~shall not be opened or counted:~~	3389

~~(a) The individual is not properly registered in that~~	3390
~~jurisdiction.~~	3391

~~(b) The individual is not eligible to vote in that election~~	3392
~~in that jurisdiction.~~	3393

~~(c) The individual's eligibility to vote in that jurisdiction~~	3394
~~in that election cannot be established upon examination of the~~	3395
~~records on file with the board of elections.~~	3396

(D) The appropriate local election official shall cause	3397
voting information to be publicly posted at each polling place on	3398
the day of each election.	3399

(E) As used in this section and sections 3505.182 and	3400
3505.183 of the Revised Code:	3401

(1) "Jurisdiction" means the precinct in which a person is a	3402
legally qualified elector.	3403

(2) ~~"Precinct voting location guide" means either of the~~	3404
~~following:~~	3405

~~(a) An electronic or paper record that lists the correct~~	3406
~~jurisdiction and polling place for either each specific~~	3407
~~residential street address in the county or the range of~~	3408
~~residential street addresses located in each neighborhood block in~~	3409
~~the county;~~	3410

~~(b) Any other method that a board of elections creates that~~	3411
~~allows a precinct election official or any elector who is at a~~	3412
~~polling place in that county to determine the correct jurisdiction~~	3413
~~and polling place of any qualified elector who resides in the~~	3414
~~county.~~	3415

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

3416

(a) A sample version of the ballot that will be used for that	3417
election;	3418

(b) Information regarding the date of the election and the	3419
hours during which polling places will be open;	3420

(c) Instructions on how to vote, including how to cast a vote	3421
and how to cast a provisional ballot;	3422

(d) Instructions for mail-in registrants and first-time	3423
voters under applicable federal and state laws;	3424

(e) General information on voting rights under applicable	3425
federal and state laws, including information on the right of an	3426
individual to cast a provisional ballot and instructions on how to	3427
contact the appropriate officials if these rights are alleged to	3428
have been violated;	3429

(f) General information on federal and state laws regarding	3430
prohibitions against acts of fraud and misrepresentation.	3431

(F) Nothing in this section or section 3505.183 of the	3432
Revised Code is in derogation of section 3505.24 of the Revised	3433
Code, which permits a blind, disabled, or illiterate elector to	3434
receive assistance in the marking of the elector's ballot by two	3435
precinct election officials of different political parties. A	3436
blind, disabled, or illiterate elector may receive assistance in	3437
marking that elector's provisional ballot and in completing the	3438
required affirmation in the same manner as an elector may receive	3439
assistance on the day of an election under that section.	3440

Sec. 3505.182. Each individual who casts a provisional	3441
ballot under section 3505.181 of the Revised Code shall execute a	3442
written affirmation. The secretary of state shall prescribe the	3443
form of the written affirmation, which shall be printed upon the	3444
face of the provisional ballot envelope ~~and shall be substantially~~	3445
~~as follows:~~	3446

~~"Provisional Ballot Affirmation~~	3447

~~STATE OF OHIO~~	3448

~~I, .................... (Name of provisional voter), solemnly~~	3449
~~swear or affirm that I am a registered voter in the jurisdiction~~	3450
~~in which I am voting this provisional ballot and that I am~~	3451
~~eligible to vote in the election in which I am voting this~~	3452
~~provisional ballot~~.	3453

~~I understand that, if the above-provided information is not~~	3454
~~fully completed and correct, if the board of elections determines~~	3455
~~that I am not registered to vote, a resident of this precinct, or~~	3456
~~eligible to vote in this election, or if the board of elections~~	3457
~~determines that I have already voted in this election, my~~	3458
~~provisional ballot will not be counted. I further understand that~~	3459
~~knowingly providing false information is a violation of law and~~	3460
~~subjects me to possible criminal prosecution.~~	3461

~~I hereby declare, under penalty of election falsification,~~	3462
~~that the above statements are true and correct to the best of my~~	3463
~~knowledge and belief.~~	3464

			3465
	~~(Signature of Voter)~~		3466
			3467
	~~(Voter's date of birth)~~		3468

	~~The last four digits of the voter's social security number~~		3469
			3470
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		3471

~~WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY~~	3472
~~OF THE FIFTH DEGREE.~~	3473

~~Additional Information For Determining Ballot Validity~~	3474

~~(May be completed at voter's discretion)~~	3475

~~Voter's current address:~~				3476
~~Voter's former address if photo identification does not contain voter's current address~~				3477
~~Voter's driver's license number or, if not provided above, the last four digits of voter's social security number~~				3478
~~(Please circle number type)~~				3479
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				3480
~~Reason for voting provisional ballot (Check one):~~				3481
~~..... Requested, but did not receive, absent voter's ballot~~				3482
~~..... Other~~				3483

~~Verification Statement~~	3484

~~(To be completed by election official)~~	3485

~~The Provisional Ballot Affirmation printed above was~~	3486
~~subscribed and affirmed before me this .......... day of~~	3487
~~.......... (Month), .......... (Year).~~	3488

~~(If applicable, the election official must check the~~	3489
~~following true statement concerning additional information needed~~	3490
~~to determine the eligibility of the provisional voter.)~~	3491

~~...... The provisional voter is required to provide~~	3492
~~additional information to the board of elections.~~	3493

~~...... An application or challenge hearing regarding this~~	3494
~~voter has been postponed until after the election.~~	3495

~~(The election official must check the following true~~	3496
~~statement concerning identification provided by the provisional~~	3497
~~voter, if any.)~~	3498

~~...... The provisional voter provided a current and valid~~	3499
~~photo identification.~~	3500

~~...... The provisional voter provided a current valid photo~~	3501
~~identification, other than a driver's license or a state~~	3502
~~identification card, with the voter's former address instead of~~	3503
~~current address and has provided the election official both the~~	3504
~~current and former addresses.~~	3505

~~...... The provisional voter provided a military~~	3506
~~identification or a copy of a current utility bill, bank~~	3507
~~statement, government check, paycheck, or other government~~	3508
~~document, other than a notice of an election mailed by a board of~~	3509
~~elections under section 3501.19 of the Revised Code or a notice of~~	3510
~~voter registration mailed by a board of elections under section~~	3511
~~3503.19 of the Revised Code, with the voter's name and current~~	3512
~~address.~~	3513

~~...... The provisional voter provided the last four digits of~~	3514
~~the voter's social security number.~~	3515

~~...... The provisional voter is not able to provide a current~~	3516
~~and valid photo identification, a military identification, or a~~	3517
~~copy of a current utility bill, bank statement, government check,~~	3518
~~paycheck, or other government document, other than a notice of an~~	3519
~~election mailed by a board of elections under section 3501.19 of~~	3520
~~the Revised Code or a notice of voter registration mailed by a~~	3521
~~board of elections under section 3503.19 of the Revised Code, with~~	3522
~~the voter's name and current address but does have one of these~~	3523
~~forms of identification. The provisional voter must provide one of~~	3524
~~the foregoing items of identification to the board of elections~~	3525
~~within ten days after the election.~~	3526

~~..... The provisional voter is not able to provide a current~~	3527
~~and valid photo identification, a military identification, or a~~	3528
~~copy of a current utility bill, bank statement, government check,~~	3529
~~paycheck, or other government document, other than a notice of an~~	3530
~~election mailed by a board of elections under section 3501.19 of~~	3531
~~the Revised Code or a notice of voter registration mailed by a~~	3532
~~board of elections under section 3503.19 of the Revised Code, with~~	3533
~~the voter's name and current address but does have one of these~~	3534
~~forms of identification. Additionally, the provisional voter does~~	3535
~~have a social security number but is not able to provide the last~~	3536
~~four digits of the voter's social security number before voting.~~	3537
~~The provisional voter must provide one of the foregoing items of~~	3538
~~identification or the last four digits of the voter's social~~	3539
~~security number to the board of elections within ten days after~~	3540
~~the election.~~	3541

~~..... The provisional voter does not have a current and valid~~	3542
~~photo identification, a military identification, a copy of a~~	3543
~~current utility bill, bank statement, government check, paycheck,~~	3544
~~or other government document with the voter's name and current~~	3545
~~address, or a social security number, but has executed an~~	3546
~~affirmation.~~	3547

~~..... The provisional voter does not have a current and valid~~	3548
~~photo identification, a military identification, a copy of a~~	3549
~~current utility bill, bank statement, government check, paycheck,~~	3550
~~or other government document with the voter's name and current~~	3551
~~address, or a social security number, and has declined to execute~~	3552
~~an affirmation.~~	3553

~~..... The provisional voter declined to provide a current and~~	3554
~~valid photo identification, a military identification, a copy of a~~	3555
~~current utility bill, bank statement, government check, paycheck,~~	3556
~~or other government document with the voter's name and current~~	3557
~~address, or the last four digits of the voter's social security~~	3558
~~number but does have one of these forms of identification or a~~	3559
~~social security number. The provisional voter must provide one of~~	3560
~~the foregoing items of identification or the last four digits of~~	3561
~~the voter's social security number to the board of elections~~	3562
~~within ten days after the election.~~	3563

			3564
	~~(Signature of Election Official)"~~		3565

~~In addition to any information required to be included on the~~	3566
~~written affirmation, an individual casting a provisional ballot~~	3567
~~may provide additional information to the election official to~~	3568
~~assist the board of elections in determining the individual's~~	3569
~~eligibility to vote in that election, including the date and~~	3570
~~location at which the individual registered to vote, if known.~~	3571

~~If the individual declines to execute the affirmation, an~~	3572
~~appropriate local election official shall comply with division~~	3573
~~(B)(6) of section 3505.181 of the Revised Code.~~	3574

Sec. 3505.183. (A) When the ballot boxes are delivered to	3575
the board of elections from the precincts, the board shall	3576
separate the provisional ballot envelopes from the rest of the	3577
ballots. Teams of employees of the board consisting of one member	3578
of each major political party shall place the sealed provisional	3579
ballot envelopes in a secure location within the office of the	3580
board. The sealed provisional ballot envelopes shall remain in	3581
that secure location until the validity of those ballots is	3582
determined under division (B) of this section. ~~While the~~	3583
~~provisional ballot is stored in that secure location, and prior to~~	3584
~~the counting of the provisional ballots, if the board receives~~	3585
~~information regarding the validity of a specific provisional~~	3586
~~ballot under division (B) of this section, the board may note, on~~	3587
~~the sealed provisional ballot envelope for that ballot, whether~~	3588
~~the ballot is valid and entitled to be counted.~~	3589

(B)(1) To determine whether a provisional ballot is valid and	3590
entitled to be counted, the board shall examine ~~its~~the	3591
affirmation executed by the provisional voter, the statewide voter	3592
registration database, and other records maintained by the board	3593
of elections and determine whether the individual who cast the	3594
provisional ballot is registered and eligible to vote in the	3595
applicable election. The board shall examine the information	3596
contained in the written affirmation executed by the individual	3597
who cast the provisional ballot under division (B)(2) of section	3598
3505.181 of the Revised Code. ~~If the individual declines to~~	3599
~~execute such an affirmation, the individual's name, written by~~	3600
~~either the individual or the election official at the direction of~~	3601
~~the individual, shall be included in a written affirmation in~~	3602
~~order for the provisional ballot to be eligible to be counted;~~	3603
~~otherwise, the~~The following information shall be included by the	3604
provisional voter in the written affirmation in order for the	3605
provisional ballot to be eligible to be counted:	3606

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

3607

(b) The individual's signature;

3608

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

3609

(d) The last four digits of the individual's social security	3610
number, the individual's driver's license number or state	3611
identification card number, or an affirmative notation that the	3612
individual provided the required identification under division	3613
(A)(1) of section 3505.18 of the Revised Code;	3614

(e) The individual's residence address;

3615

(f) A statement that the individual is a registered voter in	3616
the jurisdiction in which the provisional ballot is being voted;	3617

~~(c)~~(g) A statement that the individual is eligible to vote in	3618
the election in which the provisional ballot is being voted.	3619

(2) ~~In addition to the information required to be included in~~	3620
~~an affirmation under division (B)(1) of this section, in~~	3621
~~determining whether a provisional ballot is valid and entitled to~~	3622
~~be counted, the board also shall examine any additional~~	3623
~~information for determining ballot validity provided by the~~	3624
~~provisional voter on the affirmation, provided by the provisional~~	3625
~~voter to an election official under section 3505.182 of the~~	3626
~~Revised Code, or provided to the board of elections during the ten~~	3627
~~days after the day of the election under division (B)(8) of~~	3628
~~section 3505.181 of the Revised Code, to assist the board in~~	3629
~~determining the individual's eligibility to vote.~~	3630

~~(3)~~ If, in examining a provisional ballot affirmation ~~and~~	3631
~~additional information under divisions (B)(1) and (2) of this~~	3632
~~section~~, the board determines that all of the following apply, the	3633
provisional ballot envelope shall be opened, and the ballot shall	3634
be placed in a ballot box to be counted:	3635

(a) The individual named on the affirmation is properly	3636
registered to vote.	3637

(b) The individual named on the affirmation is eligible to	3638
cast a ballot in the precinct and for the election in which the	3639
individual cast the provisional ballot.	3640

(c) The individual provided all of the information required	3641
under division (B)(1) of this section in the affirmation that the	3642
individual executed at the time the individual cast the	3643
provisional ballot.	3644

(d) ~~If applicable, the individual provided any additional~~	3645
~~information required under division (B)(8) of section 3505.181 of~~	3646
~~the Revised Code within ten days after the day of the election.~~	3647

~~(e)~~ If applicable, the hearing conducted under division (B)	3648
of section 3503.24 of the Revised Code after the day of the	3649
election resulted in the individual's inclusion in the official	3650
registration list.	3651

~~(4)~~(3)(a) If, in examining a provisional ballot affirmation	3652
~~and additional information under divisions (B)(1) and (2) of this~~	3653
~~section~~, the board determines that any of the following applies,	3654
the provisional ballot envelope shall not be opened, and the	3655
ballot shall not be counted:	3656

(i) The individual named on the affirmation is not qualified	3657
or is not properly registered to vote.	3658

(ii) The individual named on the affirmation is not eligible	3659
to cast a ballot in the precinct or for the election in which the	3660
individual cast the provisional ballot.	3661

(iii) The individual did not provide all of the information	3662
required under division (B)(1) of this section in the affirmation	3663
that the individual executed at the time the individual cast the	3664
provisional ballot.	3665

(iv) The individual has already cast a ballot for the	3666
election in which the individual cast the provisional ballot.	3667

(v) ~~If applicable, the individual did not provide any~~	3668
~~additional information required under division (B)(8) of section~~	3669
~~3505.181 of the Revised Code within ten days after the day of the~~	3670
~~election.~~	3671

~~(vi)~~ If applicable, the hearing conducted under division (B)	3672
of section 3503.24 of the Revised Code after the day of the	3673
election did not result in the individual's inclusion in the	3674
official registration list.	3675

~~(vii) The individual failed to provide a current and valid~~	3676
~~photo identification, a military identification, a copy of a~~	3677
~~current utility bill, bank statement, government check, paycheck,~~	3678
~~or other government document, other than a notice of an election~~	3679
~~mailed by a board of elections under section 3501.19 of the~~	3680
~~Revised Code or a notice of voter registration mailed by a board~~	3681
~~of elections under section 3503.19 of the Revised Code, with the~~	3682
~~voter's name and current address, or the last four digits of the~~	3683
~~individual's social security number or to execute an affirmation~~	3684
~~under division (A) of section 3505.18 or division (B) of section~~	3685
~~3505.181 of the Revised Code.~~	3686

(b) If, in examining a provisional ballot affirmation ~~and~~	3687
~~additional information under divisions (B)(1) and (2) of this~~	3688
~~section~~, the board is unable to determine either of the following,	3689
the provisional ballot envelope shall not be opened, and the	3690
ballot shall not be counted:	3691

(i) Whether the individual named on the affirmation is	3692
qualified or properly registered to vote;	3693

(ii) Whether the individual named on the affirmation is	3694
eligible to cast a ballot in the precinct or for the election in	3695
which the individual cast the provisional ballot.	3696

(C)(1) For each provisional ballot rejected under division	3697
(B)~~(4)~~(3) of this section, the board shall record the name of the	3698
provisional voter who cast the ballot, the identification number	3699
of the provisional ballot envelope, the names of the election	3700
officials who determined the validity of that ballot, the date and	3701
time that the determination was made, and the reason that the	3702
ballot was not counted.	3703

(2) Provisional ballots that are rejected under division	3704
(B)~~(4)~~(3) of this section shall not be counted but shall be	3705
preserved in their provisional ballot envelopes unopened until the	3706
time provided by section 3505.31 of the Revised Code for the	3707
destruction of all other ballots used at the election for which	3708
ballots were provided, at which time they shall be destroyed.	3709

(D) Provisional ballots that the board determines are	3710
eligible to be counted under division (B)~~(3)~~(2) of this section	3711
shall be counted in the same manner as provided for other ballots	3712
under section 3505.27 of the Revised Code. No provisional ballots	3713
shall be counted in a particular county until the board determines	3714
the eligibility to be counted of all provisional ballots cast in	3715
that county under division (B) of this section for that election.	3716
Observers, as provided in section 3505.21 of the Revised Code, may	3717
be present at all times that the board is determining the	3718
eligibility of provisional ballots to be counted and counting	3719
those provisional ballots determined to be eligible. No person	3720
shall recklessly disclose the count or any portion of the count of	3721
provisional ballots in such a manner as to jeopardize the secrecy	3722
of any individual ballot.	3723

(E)(1) Except as otherwise provided in division (E)(2) of	3724
this section, nothing in this section shall prevent a board of	3725
elections from examining provisional ballot affirmations ~~and~~	3726
~~additional information under divisions (B)(1) and (2) of this~~	3727
~~section~~ to determine the eligibility of provisional ballots to be	3728
counted during the ten days after the day of an election.	3729

(2) A board of elections shall not examine the provisional	3730
ballot affirmation ~~and additional information under divisions~~	3731
~~(B)(1) and (2) of this section~~ of any provisional ballot for which	3732
an election official has indicated under division (B)~~(7)~~(5) of	3733
section 3505.181 of the Revised Code that ~~additional information~~	3734
~~is required for the board of elections to determine the~~	3735
~~eligibility of the individual who cast that provisional ballot~~	3736
~~until the individual provides any information required under~~	3737
~~division (B)(8) of section 3505.181 of the Revised Code~~an	3738
application or challenge hearing has been postponed, until any	3739
hearing required to be conducted under section 3503.24 of the	3740
Revised Code with regard to the provisional voter is held, or	3741
until the eleventh day after the day of the election, whichever is	3742
earlier.	3743

Sec. 3505.20. Any person offering to vote may be challenged	3744
at the polling place by any ~~judge of elections~~precinct election	3745
official. If the board of elections has ruled on the question	3746
presented by a challenge prior to election day, its finding and	3747
decision shall be final, and the ~~presiding judge~~voting location	3748
manager shall be notified in writing. If the board has not ruled,	3749
the question shall be determined as set forth in this section. If	3750
any person is so challenged as unqualified to vote, the ~~presiding~~	3751
~~judge~~voting location manager shall tender the person the	3752
following oath: "You do swear or affirm under penalty of election	3753
falsification that you will fully and truly answer all of the	3754
following questions put to you concerning your qualifications as	3755
an elector at this election."	3756

(A) If the person is challenged as unqualified on the ground	3757
that the person is not a citizen, the ~~judges~~precinct election	3758
officials shall put the following ~~questions~~question:	3759

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

3760

~~(2) Are you a native or naturalized citizen?~~

3761

~~(3) Where were you born?~~

3762

~~(4) What official documentation do you possess to prove your~~	3763
~~citizenship? Please provide that documentation.~~	3764

~~If the person offering to vote claims to be a naturalized~~	3765
~~citizen of the United States, the person shall, before the vote is~~	3766
~~received, produce for inspection of the judges a certificate of~~	3767
~~naturalization and declare under oath that the person is the~~	3768
~~identical person named in the certificate. If the person states~~	3769
~~under oath that, by reason of the naturalization of the person's~~	3770
~~parents or one of them, the person has become a citizen of the~~	3771
~~United States, and when or where the person's parents were~~	3772
~~naturalized, the certificate of naturalization need not be~~	3773
~~produced. If the person is unable to provide a certificate of~~	3774
~~naturalization on the day of the election, the judges shall~~	3775
~~provide to the person, and the person may vote, a provisional~~	3776
~~ballot under section 3505.181 of the Revised Code. The provisional~~	3777
~~ballot shall not be counted unless it is properly completed and~~	3778
~~the board of elections determines that the voter is properly~~	3779
~~registered and eligible to vote in the election.~~	3780

(B) If the person is challenged as unqualified on the ground	3781
that the person has not resided in this state for thirty days	3782
immediately preceding the election, the ~~judges~~precinct election	3783
officials shall put the following questions:	3784

(1) Have you resided in this state for thirty days	3785
immediately preceding this election? If so, where have you	3786
resided?	3787

(2) Did you properly register to vote?

3788

(3) Can you provide some form of identification containing	3789
your current mailing address in this precinct? Please provide that	3790
identification.	3791

(4) Have you voted or attempted to vote at any other location	3792
in this or in any other state at this election?	3793

(5) Have you applied for an absent voter's ballot in any	3794
state for this election?	3795

If the ~~judges~~precinct election officials are unable to	3796
verify the person's eligibility to cast a ballot in the election,	3797
the ~~judges~~precinct election officials shall provide to the	3798
person, and the person may vote, a provisional ballot under	3799
section 3505.181 of the Revised Code. The provisional ballot shall	3800
not be counted unless it is properly completed and the board of	3801
elections determines that the voter is properly registered and	3802
eligible to vote in the election.	3803

(C) If the person is challenged as unqualified on the ground	3804
that the person is not a resident of the precinct where the person	3805
offers to vote, the ~~judges~~precinct election officials shall put	3806
the following questions:	3807

(1) Do you reside in this precinct?

3808

(2) When did you move into this precinct?

3809

(3) When you came into this precinct, did you come for a	3810
temporary purpose merely or for the purpose of making it your	3811
home?	3812

(4) What is your current mailing address?

3813

(5) Do you have some official identification containing your	3814
current address in this precinct? Please provide that	3815
identification.	3816

(6) Have you voted or attempted to vote at any other location	3817
in this or in any other state at this election?	3818

(7) Have you applied for any absent voter's ballot in any	3819
state for this election?	3820

The ~~judges~~precinct election officials shall direct an	3821
individual who is not in the appropriate polling place to the	3822
appropriate polling place. If the individual refuses to go to the	3823
appropriate polling place, or if the ~~judges~~precinct election	3824
officials are unable to verify the person's eligibility to cast a	3825
ballot in the election, the ~~judges~~precinct election officials	3826
shall provide to the person, and the person may vote, a	3827
provisional ballot under section 3505.181 of the Revised Code. The	3828
provisional ballot shall not be counted unless it is properly	3829
completed and the board of elections determines that the voter is	3830
properly registered and eligible to vote in the election.	3831

(D) If the person is challenged as unqualified on the ground	3832
that the person is not of legal voting age, the ~~judges~~precinct	3833
election officials shall put the following questions:	3834

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

3835

(2) What is your date of birth?

3836

(3) Do you have some official identification verifying your	3837
age? Please provide that identification.	3838

If the ~~judges~~precinct election officials are unable to	3839
verify the person's age and eligibility to cast a ballot in the	3840
election, the ~~judges~~precinct election officials shall provide to	3841
the person, and the person may vote, a provisional ballot under	3842
section 3505.181 of the Revised Code. The provisional ballot shall	3843
not be counted unless it is properly completed and the board of	3844
elections determines that the voter is properly registered and	3845
eligible to vote in the election.	3846

~~The presiding judge shall put such other questions to the~~	3847
~~person challenged as are necessary to determine the person's~~	3848
~~qualifications as an elector at the election.~~ If a person	3849
challenged refuses to answer fully any question put to the person,	3850
is unable to answer the questions as they were answered on the	3851
registration form by the person under whose name the person offers	3852
to vote, or refuses to sign the person's name or make the person's	3853
mark, or if for any other reason a majority of the ~~judges~~precinct	3854
election officials believes the person is not entitled to vote,	3855
the ~~judges~~precinct election officials shall provide to the	3856
person, and the person may vote, a provisional ballot under	3857
section 3505.181 of the Revised Code. The provisional ballot shall	3858
not be counted unless it is properly completed and the board of	3859
elections determines that the voter is properly registered and	3860
eligible to vote in the election.	3861

A qualified citizen who has certified the citizen's intention	3862
to vote for president and vice-president as provided by Chapter	3863
3504. of the Revised Code shall be eligible to receive only the	3864
ballot containing presidential and vice-presidential candidates.	3865

However, prior to the nineteenth day before the day of an	3866
election and in accordance with section 3503.24 of the Revised	3867
Code, any person qualified to vote may challenge the right of any	3868
other person to be registered as a voter, or the right to cast an	3869
absent voter's ballot, or to make application for such ballot.	3870
Such challenge shall be made in accordance with section 3503.24 of	3871
the Revised Code, and the board of elections of the county in	3872
which the voting residence of the challenged voter is situated	3873
shall make a final determination relative to the legality of such	3874
registration or application.	3875

Sec. 3505.21. (A) As used in this section, "during the	3876
casting of the ballots" includes any time during which a board of	3877
elections permits an elector to vote an absent voter's ballot in	3878
person at the office of the board and any time ballots may be cast	3879
in a precinct polling place on the day of an election.	3880

(B) At any primary, special, or general election, any	3881
political party supporting candidates to be voted upon at such	3882
election and any group of five or more candidates may appoint to	3883
the board of elections or to any of the precincts in the county or	3884
city one person, a qualified elector, who shall serve as observer	3885
for such party or such candidates during the casting of the	3886
ballots and during the counting of the ballots; provided that	3887
separate observers may be appointed to serve during the casting	3888
and during the counting of the ballots. No candidate, no uniformed	3889
peace officer as defined by section 2935.01 of the Revised Code,	3890
no uniformed state highway patrol trooper, no uniformed member of	3891
any fire department, no uniformed member of the armed services, no	3892
uniformed member of the organized militia, no person wearing any	3893
other uniform, and no person carrying a firearm or other deadly	3894
weapon shall serve as an observer, nor shall any candidate be	3895
represented by more than one observer at any one precinct at the	3896
board of elections except that a candidate who is a member of a	3897
party controlling committee, as defined in section 3517.03 of the	3898
Revised Code, may serve as an observer. ~~Any~~	3899

(C) Any political party or group of candidates appointing	3900
observers shall notify the board of elections of the names and	3901
addresses of its appointees and the precincts at which they shall	3902
serve or that they will serve at the board of elections.	3903
Notification of observers appointed to serve on the day of an	3904
election shall take place not less than eleven days before the day	3905
of the election on forms prescribed by the secretary of state and	3906
may be amended by filing an amendment with the board of elections	3907
at any time until four p.m. of the day before the election.	3908
Notification of observers appointed to serve at the office of the	3909
board during the time absent voter's ballots may be cast in person	3910
shall take place not less than eleven days before absent voter's	3911
ballots are required to be ready for use pursuant to division	3912
(B)(3) of section 3509.01 of the Revised Code on forms prescribed	3913
by the secretary of state and may be amended by filing an	3914
amendment with the board of elections at any time until four p.m.	3915
of the day before the observer is appointed to serve. The observer	3916
serving on behalf of a political party shall be appointed in	3917
writing by the chairperson and secretary of the respective	3918
controlling party committee. Observers serving for any five or	3919
more candidates shall have their certificates signed by those	3920
candidates. Observers appointed to a precinct may file their	3921
certificates of appointment with the ~~presiding judge~~voting	3922
location manager of the precinct at the meeting on the evening	3923
prior to the election, or with the ~~presiding judge~~voting location	3924
manager of the precinct on the day of the election. ~~Upon~~Observers	3925
appointed to the office of the board to observe the casting of	3926
absent voter's ballots in person prior to the day of the election	3927
may file their certificates with the director of the board of	3928
elections the day before or on the day that the observers are	3929
scheduled to serve at the office of the board.	3930

Upon the filing of a certificate, the person named as	3931
observer in the certificate shall be permitted to be in and about	3932
the applicable polling place ~~for the precinct~~ during the casting	3933
of the ballots and shall be permitted to watch every proceeding of	3934
the ~~judges of elections~~precinct election officials from the time	3935
of the opening until the closing of the polls. The observer also	3936
may inspect the counting of all ballots in the polling place or	3937
board of elections from the time of the closing of the polls until	3938
the counting is completed and the final returns are certified and	3939
signed. Observers appointed to serve at the board of elections on	3940
the day of an election under this section may observe at the board	3941
of elections and may observe at any precinct in the county. The	3942
~~judges of elections~~precinct election officials shall protect such	3943
observers in all of the rights and privileges granted to them by	3944
Title XXXV of the Revised Code.	3945

(D) No persons other than the ~~judges of elections~~precinct	3946
election officials, the observers, a police officer, other persons	3947
who are detailed to any precinct on request of the board of	3948
elections, or the secretary of state or the secretary of state's	3949
legal representative shall be admitted to the polling place, or	3950
any room in which a board of elections is counting ballots, after	3951
the closing of the polls until the counting, certifying, and	3952
signing of the final returns of each election have been completed.	3953

(E) Not later than four p.m. of the twentieth day prior to an	3954
election at which questions are to be submitted to a vote of the	3955
people, any committee that in good faith advocates or opposes a	3956
measure may file a petition with the board of any county asking	3957
that the petitioners be recognized as the committee entitled to	3958
appoint observers to the count at the election. If more than one	3959
committee alleging themselves to advocate or oppose the same	3960
measure file such a petition, the board shall decide and announce	3961
by registered mail to each committee not less than twelve days	3962
immediately preceding the election which committee is recognized	3963
as being entitled to appoint observers. The decision shall not be	3964
final, but any aggrieved party may institute mandamus proceedings	3965
in the court of common pleas of the county in which the board has	3966
jurisdiction to compel the ~~judges of elections~~precinct election	3967
officials to accept the appointees of such aggrieved party. Any	3968
such recognized committee may appoint an observer to the count in	3969
each precinct. Committees appointing observers shall notify the	3970
board of elections of the names and addresses of its appointees	3971
and the precincts at which they shall serve. Notification shall	3972
take place not less than eleven days before the election on forms	3973
prescribed by the secretary of state and may be amended by filing	3974
an amendment with the board of elections at any time until four	3975
p.m. on the day before the election. A person so appointed shall	3976
file the person's certificate of appointment with the ~~presiding~~	3977
~~judge~~voting location manager in the precinct in which the person	3978
has been appointed to serve. Observers shall file their	3979
certificates before the polls are closed. In no case shall more	3980
than six observers be appointed for any one election in any one	3981
precinct. If more than three questions are to be voted on, the	3982
committees which have appointed observers may agree upon not to	3983
exceed six observers, and the ~~judges of elections~~precinct	3984
election officials shall appoint such observers. If such	3985
committees fail to agree, the ~~judges of elections~~precinct	3986
election officials shall appoint six observers from the appointees	3987
so certified, in such manner that each side of the several	3988
questions shall be represented.	3989

(F) No person shall serve as an observer at any precinct or	3990
at the board of elections unless the board of elections of the	3991
county in which such observer is to serve has first been notified	3992
of the name, address, and ~~precinct~~location at which such observer	3993
is to serve. Notification to the board of elections shall be given	3994
by the political party, group of candidates, or committee	3995
appointing such observer as prescribed in this section. No such	3996
observers shall receive any compensation from the county,	3997
municipal corporation, or township, and they shall take the	3998
following oath, to be administered by one of the ~~judges of~~	3999
~~elections~~precinct election officials:	4000

"You do solemnly swear that you will faithfully and	4001
impartially discharge the duties as an official observer, assigned	4002
by law; that you will not cause any delay to persons offering to	4003
vote; and that you will not disclose or communicate to any person	4004
how any elector has voted at such election.	4005

(G)(1) An observer who serves during the casting of the	4006
ballots shall only be permitted to do the following:	4007

(a) Watch and listen to the activities conducted by the	4008
precinct election officials and the interactions between precinct	4009
election officials and voters, as long as the precinct election	4010
officials are not delayed in performing the officials' prescribed	4011
duties and voters are not delayed in casting their ballots;	4012

(b) Make notes on the observer's observations other than by	4013
means of a photographic, video, or audio recording.	4014

(2)(a) No observer who serves during the casting of the	4015
ballots shall interact with any precinct election official or with	4016
any voter while the observer is inside the polling place, within	4017
the area between the polling place and the small flags of the	4018
United States placed on the thoroughfares and walkways leading to	4019
the polling place, or within ten feet of any elector in line	4020
waiting to vote, if the line of electors waiting to vote extends	4021
beyond those small flags.	4022

(b) An observer does not violate division (G)(2)(a) of this	4023
section as a result of an incidental interaction with a voter or a	4024
precinct election official, such as an exchange of greetings.	4025

Sec. 3505.23. No voter shall be allowed to occupy a voting	4026
compartment or use a voting machine more than five minutes when	4027
all the voting compartments or machines are in use and voters are	4028
waiting to occupy them. Except as otherwise provided by section	4029
3505.24 of the Revised Code, no voter shall occupy a voting	4030
compartment or machine with another person or speak to anyone, nor	4031
shall anyone speak to the voter, while the voter is in a voting	4032
compartment or machine.	4033

In precincts that do not use voting machines the following	4034
procedure shall be followed:	4035

If a voter tears, soils, defaces, or erroneously marks a	4036
ballot the voter may return it to the precinct election officials	4037
and a second ballot shall be issued to the voter. Before returning	4038
a torn, soiled, defaced, or erroneously marked ballot, the voter	4039
shall fold it so as to conceal any marks the voter made upon it,	4040
but the voter shall not remove Stub A therefrom. If the voter	4041
tears, soils, defaces, or erroneously marks such second ballot,	4042
the voter may return it to the precinct election officials, and a	4043
third ballot shall be issued to the voter. In no case shall more	4044
than three ballots be issued to a voter. Upon receiving a returned	4045
torn, soiled, defaced, or erroneously marked ballot the precinct	4046
election officials shall detach Stub A therefrom, write "Defaced"	4047
on the back of such ballot, and place the stub and the ballot in	4048
the separate containers provided therefor.	4049

No elector shall leave the polling place until the elector	4050
returns to the precinct election officials every ballot issued to	4051
the elector with Stub A on each ballot attached thereto,	4052
regardless of whether the elector has or has not placed any marks	4053
upon the ballot.	4054

Before leaving the voting compartment, the voter shall fold	4055
each ballot marked by the voter so that no part of the face of the	4056
ballot is visible, and so that the printing thereon indicating the	4057
kind of ballot it is and the facsimile signatures of the members	4058
of the board of elections are visible. The voter shall then leave	4059
the voting compartment, deliver the voter's ballots, and state the	4060
voter's name to the ~~judge~~precinct election official having charge	4061
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	4062
A from each ballot, and announce the number on the stubs. The	4063
~~judges~~precinct election officials in charge of the poll lists or	4064
poll books shall check to ascertain whether the number so	4065
announced is the number on Stub B of the ballots issued to such	4066
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	4067
election official in charge of the ballot ~~boxes~~box shall, in the	4068
presence of the voter, deposit each such ballot in the ~~proper~~	4069
ballot box and shall place Stub A from each ballot in the	4070
container provided therefor. The voter shall then immediately	4071
leave the polling place.	4072

No ballot delivered by a voter to the ~~judge~~precinct election	4073
official in charge of the ballot ~~boxes~~box with Stub A detached	4074
therefrom, and only ballots provided in accordance with Title XXXV	4075
of the Revised Code, shall be voted or deposited in the ballot	4076
~~boxes~~box.	4077

In marking a presidential ballot, the voter shall record the	4078
vote in the manner provided on the ballot next to the names of the	4079
candidates for the offices of president and vice-president. Such	4080
ballot shall be considered and counted as a vote for each of the	4081
candidates for election as presidential elector whose names were	4082
certified to the secretary of state by the political party of such	4083
nominees for president and vice-president.	4084

In marking an office type ballot or nonpartisan ballot, the	4085
voter shall record the vote in the manner provided on the ballot	4086
next to the name of each candidate for whom the voter desires to	4087
vote.	4088

In marking a primary election ballot, the voter shall record	4089
the vote in the manner provided on the ballot next to the name of	4090
each candidate for whom the voter desires to vote. If the voter	4091
desires to vote for the nomination of a person whose name is not	4092
printed on the primary election ballot, the voter may do so by	4093
writing such person's name on the ballot in the proper place	4094
provided for such purpose.	4095

In marking a questions and issues ballot, the voter shall	4096
record the vote in the manner provided on the ballot at the left	4097
or at the right of "YES" or "NO" or other words of similar import	4098
which are printed on the ballot to enable the voter to indicate	4099
how the voter votes in connection with each question or issue upon	4100
which the voter desires to vote.	4101

In marking any ballot on which a blank space has been	4102
provided wherein an elector may write in the name of a person for	4103
whom the elector desires to vote, the elector shall write such	4104
person's name in such blank space and on no other place on the	4105
ballot. Unless specific provision is made by statute, no blank	4106
space shall be provided on a ballot for write-in votes, and any	4107
names written on a ballot other than in a blank space provided	4108
therefor shall not be counted or recorded.	4109

Sec. 3505.24. ~~Any~~Notwithstanding any provision of the	4110
Revised Code to the contrary, any elector who declares to the	4111
~~presiding judge of elections~~voting location manager that the	4112
elector is unable to mark the elector's ballot by reason of	4113
blindness, disability, or illiteracy may be accompanied in the	4114
voting booth and aided by any person of the elector's choice,	4115
other than the elector's employer, an agent of the elector's	4116
employer, or an officer or agent of the elector's union, if any.	4117
The elector also may request and receive assistance in the marking	4118
of the elector's ballot from two election officials of different	4119
political parties. Any person providing assistance in the marking	4120
of an elector's ballot under this section shall thereafter provide	4121
no information in regard to the marking of that ballot.	4122

Any ~~judge~~precinct election official may require a	4123
declaration of inability to be made by the elector under oath	4124
before the ~~judge~~official. Assistance shall not be rendered for	4125
causes other than those specified in this section, and no	4126
candidate whose name appears on the ballot shall assist any person	4127
in marking that person's ballot.	4128

Sec. 3505.26. At the time for closing the polls, the	4129
~~presiding judge~~voting location manager shall by proclamation	4130
announce that the polls are closed.	4131

The ~~judges~~precinct election officials shall then in the	4132
presence of observers proceed as follows:	4133

(A) Count the number of electors who voted, as shown on the	4134
pollbooks;	4135

(B) Count the unused ballots without removing stubs;

4136

4137

(D) Insert the totals of (A), (B), and (C) on the report	4138
forms provided therefor in the pollbook;	4139

(E) Count the voted ballots. If the number of voted ballots	4140
exceeds the number of voters whose names appear upon the	4141
pollbooks, the ~~presiding judge~~voting location manager shall enter	4142
on the pollbooks an explanation of that discrepancy, and that	4143
explanation, if agreed to, shall be subscribed to by all of the	4144
~~judges~~precinct election officials. Any ~~judge~~precinct official	4145
having a different explanation shall enter it in the pollbooks and	4146
subscribe to it.	4147

(F) Put the unused ballots with stubs attached, and soiled	4148
and defaced ballots with stubs attached, in the envelopes or	4149
containers provided therefor, certify the number, and then proceed	4150
to count and tally the votes in the manner prescribed by section	4151
3505.27 of the Revised Code and certify the result of the election	4152
to the board of elections.	4153

Sec. 3505.28. No ballot shall be counted which is marked	4154
contrary to law, except that no ballot shall be rejected for any	4155
technical error unless it is impossible to determine the voter's	4156
choice. If	4157

A ballot is marked contrary to law and does not contain a	4158
technical error if the voter marks more selections for a	4159
particular office, question, or issue than the number of	4160
selections that the voter is allowed by law to make for that	4161
office, question, or issue. A voter makes more selections for a	4162
particular office than the voter is allowed by law to make for	4163
that office if the voter marks the ballot for a candidate and also	4164
writes in the name of that candidate as a write-in vote. The	4165
voter's ballot shall be invalidated for that office, question, or	4166
issue, but shall not be invalidated for any other office,	4167
question, or issue for which the voter has not marked an excess	4168
number of selections.	4169

If two or more ballots are found folded together among the	4170
ballots removed from a ballot box, they shall be deemed to be	4171
fraudulent. Such ballots shall not be counted. They shall be	4172
marked "Fraudulent" and shall be placed in an envelope indorsed	4173
"Not Counted" with the reasons therefor, and such envelope shall	4174
be delivered to the board of elections together with other	4175
uncounted ballots.	4176

No ballot shall be rejected because of being marked with ink	4177
or by any writing instrument other than one of the pencils	4178
provided by the board of elections.	4179

Sec. 3505.29. From the time the ballot box is opened and the	4180
count of ballots begun until the ballots are counted and	4181
certificates of votes cast are made out, signed, certified and	4182
given to the ~~presiding judge~~voting location manager for delivery	4183
to the headquarters of the board of elections, the ~~judges~~precinct	4184
election officials in each precinct shall not separate, nor shall	4185
a ~~judge~~precinct election official leave the polling place except	4186
from unavoidable necessity. In cases of illness or unavoidable	4187
necessity, the board may substitute another qualified person for	4188
any precinct official so incapacitated.	4189

Sec. 3505.30. When the results of the ballots have been	4190
ascertained, such results shall be embodied in a summary statement	4191
to be prepared by the ~~judges~~precinct election officials in	4192
duplicate, on forms provided by the board of elections. One copy	4193
shall be certified by the ~~judges~~precinct election officials and	4194
posted on the front of the polling place, and one copy, similarly	4195
certified, shall be transmitted without delay to the board in a	4196
sealed envelope along with the other returns of the election. The	4197
board shall, immediately upon receipt of such summary statements,	4198
compile and prepare an unofficial count and upon its completion	4199
shall transmit prepaid, immediately by telephone, facsimile	4200
machine, or other telecommunications device, the results of such	4201
unofficial count to the secretary of state, or to the board of the	4202
most populous county of the district which is authorized to	4203
canvass the returns. Such count, in no event, shall be made later	4204
than twelve noon on the day following the election. ~~The board~~	4205
~~shall also, at the same time, certify the results thereof to the~~	4206
~~secretary of state by certified mail.~~ The board shall remain in	4207
session from the time of the opening of the polls, continuously,	4208
until the results of the election are received from every precinct	4209
in the county and such results are communicated to the secretary	4210
of state.	4211

Sec. 3505.31. When the results of the voting in a polling	4212
place on the day of an election have been determined and entered	4213
upon the proper forms and the certifications of those results have	4214
been signed by the precinct officials, those officials, before	4215
leaving the polling place, shall place all ballots that they have	4216
counted in containers provided for that purpose by the board of	4217
elections, and shall seal each container in a manner that it	4218
cannot be opened without breaking the seal or the material of	4219
which the container is made. They shall also seal the pollbook,	4220
poll list or signature pollbook, and tally sheet in a manner that	4221
the data contained in these items cannot be seen without breaking	4222
the seals. On the outside of these items shall be a plain	4223
indication that they are to be filed with the board. The ~~presiding~~	4224
~~judge~~voting location manager and an employee or appointee of the	4225
board of elections who has taken an oath to uphold the laws and	4226
constitution of this state, including an oath that the person will	4227
promptly and securely perform the duties required under this	4228
section and who is a member of a different political party than	4229
the ~~presiding judge~~voting location manager, shall then deliver to	4230
the board the containers of ballots and the sealed pollbook, poll	4231
list, and tally sheet, together with all other election reports,	4232
materials, and supplies required to be delivered to the board.	4233

The board shall carefully preserve all ballots prepared and	4234
provided by it for use in an election, whether used or unused, for	4235
sixty days after the day of the election, except that, if an	4236
election includes the nomination or election of candidates for any	4237
of the offices of president, vice-president, presidential elector,	4238
member of the senate of the congress of the United States, or	4239
member of the house of representatives of the congress of the	4240
United States, the board shall carefully preserve all ballots	4241
prepared and provided by it for use in that election, whether used	4242
or unused, for twenty-two months after the day of the election. If	4243
an election is held within that sixty-day period, the board shall	4244
have authority to transfer those ballots to other containers to	4245
preserve them until the sixty-day period has expired. After that	4246
sixty-day period, the ballots shall be disposed of by the board in	4247
a manner that the board orders, or where voting machines have been	4248
used the counters may be turned back to zero; provided that the	4249
secretary of state, within that sixty-day period, may order the	4250
board to preserve the ballots or any part of the ballots for a	4251
longer period of time, in which event the board shall preserve	4252
those ballots for that longer period of time.	4253

In counties where voting machines are used, if an election is	4254
to be held within the sixty days immediately following a primary,	4255
general, or special election or within any period of time within	4256
which the ballots have been ordered preserved by the secretary of	4257
state or a court of competent jurisdiction, the board, after	4258
giving notice to all interested parties and affording them an	4259
opportunity to have a representative present, shall open the	4260
compartments of the machines and, without unlocking the machines,	4261
shall recanvass the vote cast in them as if a recount were being	4262
held. The results shall be certified by the board, and this	4263
certification shall be filed in the board's office and retained	4264
for the remainder of the period for which ballots must be kept.	4265
After preparation of the certificate, the counters may be turned	4266
back to zero, and the machines may be used for the election.	4267

The board shall carefully preserve the pollbook, poll list or	4268
signature pollbook, and tally sheet delivered to it from each	4269
polling place until it has completed the official canvass of the	4270
election returns from all precincts in which electors were	4271
entitled to vote at an election, and has prepared and certified	4272
the abstracts of election returns, as required by law. The board	4273
shall not break, or permit anyone to break, the seals upon the	4274
pollbook, poll list or signature pollbook, and tally sheet, or	4275
make, or permit any one to make, any changes or notations in these	4276
items, while they are in its custody, except as provided by	4277
section 3505.32 of the Revised Code.	4278

Pollbooks and poll lists or signature pollbooks of a party	4279
primary election delivered to the board from polling places shall	4280
be carefully preserved by it for two years after the day of	4281
election in which they were used, and shall then be disposed of by	4282
the board in a manner that the board orders.	4283

Pollbooks, poll lists or signature pollbooks, tally sheets,	4284
summary statements, and other records and returns of an election	4285
delivered to it from polling places shall be carefully preserved	4286
by the board for two years after the day of the election in which	4287
they were used, and shall then be disposed of by the board in a	4288
manner that the board orders.	4289

Sec. 3506.021. (A) A board of elections may adopt the use of	4290
any electronic pollbook that has been certified for use in this	4291
state in accordance with section 3506.05 of the Revised Code,	4292
instead of using poll lists or signature pollbooks. A board of	4293
elections that opts to use electronic pollbooks shall notify the	4294
secretary of state of that decision.	4295

(B) The secretary of state shall provide each board of	4296
elections that adopts the use of electronic pollbooks under	4297
division (A) of this section with rules, instructions, directives,	4298
and advisories regarding the examination, testing, and use of	4299
electronic pollbooks, including rules regarding the sealing of the	4300
information in those pollbooks as required under section 3505.31	4301
of the Revised Code.	4302

(C) As used in this section, "electronic pollbook" has the	4303
same meaning as in section 3506.05 of the Revised Code.	4304

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

4305

(1) "Electronic pollbook" means an electronic list of	4306
registered voters for a particular precinct or polling location	4307
that may be transported to a polling location;	4308

(2) Except when used as part of the phrase "tabulating	4309
equipment" or "automatic tabulating equipment,":	4310

~~(1) "Equipment"~~"equipment" means a voting machine, marking	4311
device, automatic tabulating equipment, or software, or an	4312
electronic pollbook.	4313

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	4314
distributes, or has the legal right to control the use of	4315
equipment, or the person's agent.	4316

(B) No voting machine, marking device, automatic tabulating	4317
equipment, or software for the purpose of casting or tabulating	4318
votes or for communications among systems involved in the	4319
tabulation, storage, or casting of votes, and no electronic	4320
pollbook, shall be purchased, leased, put in use, or continued to	4321
be used, except for experimental use as provided in division (B)	4322
of section 3506.04 of the Revised Code, unless it, a manual of	4323
procedures governing its use, and training materials, service, and	4324
other support arrangements have been certified by the secretary of	4325
state and unless the board of elections of each county where the	4326
equipment will be used has assured that a demonstration of the use	4327
of the equipment has been made available to all interested	4328
electors. The secretary of state shall appoint a board of voting	4329
machine examiners to examine and approve equipment and its related	4330
manuals and support arrangements. The board shall consist of four	4331
members, who shall be appointed as follows:	4332

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

4333

(2) One member appointed by either the speaker of the house	4334
of representatives or the minority leader of the house of	4335
representatives, whichever is a member of the opposite political	4336
party from the one to which the secretary of state belongs.	4337

(3) One member appointed by either the president of the	4338
senate or the minority leader of the senate, whichever is a member	4339
of the opposite political party from the one to which the	4340
secretary of state belongs.	4341

In all cases of a tie vote or a disagreement in the board, if	4342
no decision can be arrived at, the board shall submit the matter	4343
in controversy to the secretary of state, who shall summarily	4344
decide the question, and the secretary of state's decision shall	4345
be final. Each member of the board shall be a competent and	4346
experienced election officer or a person who is knowledgeable	4347
about the operation of voting equipment and shall serve during the	4348
secretary of state's term. Any vacancy on the board shall be	4349
filled in the same manner as the original appointment. The	4350
secretary of state shall provide staffing assistance to the board,	4351
at the board's request.	4352

For the member's service, each member of the board shall	4353
receive three hundred dollars per day for each combination of	4354
marking device, tabulating equipment, ~~and~~ voting machine, and	4355
electronic pollbook examined and reported, but in no event shall a	4356
member receive more than six hundred dollars to examine and report	4357
on any one marking device, item of tabulating equipment, or voting	4358
machine, or electronic pollbook. Each member of the board shall be	4359
reimbursed for expenses the member incurs during an examination or	4360
during the performance of any related duties that may be required	4361
by the secretary of state. Reimbursement of these expenses shall	4362
be made in accordance with, and shall not exceed, the rates	4363
provided for under section 126.31 of the Revised Code.	4364

Neither the secretary of state nor the board, nor any public	4365
officer who participates in the authorization, examination,	4366
testing, or purchase of equipment, shall have any pecuniary	4367
interest in the equipment or any affiliation with the vendor.	4368

(C)(1) A vendor who desires to have the secretary of state	4369
certify equipment shall first submit the equipment, all current	4370
related procedural manuals, and a current description of all	4371
related support arrangements to the board of voting machine	4372
examiners for examination, testing, and approval. The submission	4373
shall be accompanied by a fee of eighteen hundred dollars and a	4374
detailed explanation of the construction and method of operation	4375
of the equipment, a full statement of its advantages, and a list	4376
of the patents and copyrights used in operations essential to the	4377
processes of vote recording and tabulating, vote storage, system	4378
security, pollbook storage and security, and other crucial	4379
operations of the equipment as may be determined by the board. An	4380
additional fee, in an amount to be set by rules promulgated by the	4381
board, may be imposed to pay for the costs of alternative testing	4382
or testing by persons other than board members, record-keeping,	4383
and other extraordinary costs incurred in the examination process.	4384
Moneys not used shall be returned to the person or entity	4385
submitting the equipment for examination.	4386

(2) Fees collected by the secretary of state under this	4387
section shall be deposited into the state treasury to the credit	4388
of the board of voting machine examiners fund, which is hereby	4389
created. All moneys credited to this fund shall be used solely for	4390
the purpose of paying for the services and expenses of each member	4391
of the board or for other expenses incurred relating to the	4392
examination, testing, reporting, or certification of ~~voting~~	4393
~~machine devices~~equipment, the performance of any related duties	4394
as required by the secretary of state, or the reimbursement of any	4395
person submitting an examination fee as provided in this chapter.	4396

(D) Within sixty days after the submission of the equipment	4397
and payment of the fee, or as soon thereafter as is reasonably	4398
practicable, but in any event within not more than ninety days	4399
after the submission and payment, the board of voting machine	4400
examiners shall examine the equipment and file with the secretary	4401
of state a written report on the equipment with its	4402
recommendations and, if applicable, its determination or condition	4403
of approval regarding whether the equipment, manual, and other	4404
related materials or arrangements meet the criteria set forth in	4405
sections 3506.07 and 3506.10 of the Revised Code and can be safely	4406
used by the voters at elections under the conditions prescribed in	4407
Title XXXV of the Revised Code, or a written statement of reasons	4408
for which testing requires a longer period. The board may grant	4409
temporary approval for the purpose of allowing experimental use of	4410
equipment. If the board finds that the equipment meets ~~the~~any	4411
applicable criteria set forth in sections 3506.06, 3506.07, and	4412
3506.10 of the Revised Code, can be used safely and, if	4413
applicable, can be depended upon to record and count accurately	4414
and continuously the votes of electors, and has the capacity to be	4415
warranted, maintained, and serviced, it shall approve the	4416
equipment and recommend that the secretary of state certify the	4417
equipment. The secretary of state shall notify all boards of	4418
elections of any such certification. Equipment of the same model	4419
and make, if it ~~provides for recording of voter intent, system~~	4420
~~security, voter privacy, retention of vote, and communication of~~	4421
~~voting records~~operates in an identical manner, may then be	4422
adopted for use at elections.	4423

(E) The vendor shall notify the secretary of state, who shall	4424
then notify the board of voting machine examiners, of any	4425
enhancement and any significant adjustment to the hardware or	4426
software that could result in a patent or copyright change or that	4427
significantly alters the methods of recording voter intent, system	4428
security, voter privacy, retention of the vote, communication of	4429
~~voting~~ records, and connections between the system and other	4430
systems. The vendor shall provide the secretary of state with an	4431
updated operations manual for the equipment, and the secretary of	4432
state shall forward the manual to the board. Upon receiving such a	4433
notification and manual, the board may require the vendor to	4434
submit the equipment to an examination and test in order for the	4435
equipment to remain certified. The board or the secretary of state	4436
shall periodically examine, test, and inspect certified equipment	4437
to determine continued compliance with the requirements of this	4438
chapter and the initial certification. Any examination, test, or	4439
inspection conducted for the purpose of continuing certification	4440
of any equipment in which a significant problem has been uncovered	4441
or in which a record of continuing problems exists shall be	4442
performed pursuant to divisions (C) and (D) of this section, in	4443
the same manner as the examination, test, or inspection is	4444
performed for initial approval and certification.	4445

(F) If, at any time after the certification of equipment, the	4446
board of voting machine examiners or the secretary of state is	4447
notified by a board of elections of any significant problem with	4448
the equipment or determines that the equipment fails to meet the	4449
requirements necessary for approval or continued compliance with	4450
the requirements of this chapter, or if the board of voting	4451
machine examiners determines that there are significant	4452
enhancements or adjustments to the hardware or software, or if	4453
notice of such enhancements or adjustments has not been given as	4454
required by division (E) of this section, the secretary of state	4455
shall notify the users and vendors of that equipment that	4456
certification of the equipment may be withdrawn.	4457

(G)(1) The notice given by the secretary of state under	4458
division (F) of this section shall be in writing and shall specify	4459
both of the following:	4460

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

4461

(b) The date on which certification will be withdrawn unless	4462
the vendor takes satisfactory corrective measures or explains why	4463
there are no problems with the equipment or why the enhancements	4464
or adjustments to the equipment are not significant.	4465

(2) A vendor who receives a notice under division (F) of this	4466
section shall, within thirty days after receiving it, submit to	4467
the board of voting machine examiners in writing a description of	4468
the corrective measures taken and the date on which they were	4469
taken, or the explanation required under division (G)(1)(b) of	4470
this section.	4471

(3) Not later than fifteen days after receiving a written	4472
description or explanation under division (G)(2) of this section	4473
from a vendor, the board shall determine whether the corrective	4474
measures taken or the explanation is satisfactory to allow	4475
continued certification of the equipment, and the secretary of	4476
state shall send the vendor a written notice of the board's	4477
determination, specifying the reasons for it. If the board has	4478
determined that the measures taken or the explanation given is	4479
unsatisfactory, the notice shall include the effective date of	4480
withdrawal of the certification. This date may be different from	4481
the date originally specified in division (G)(1)(b) of this	4482
section.	4483

(4) A vendor who receives a notice under division (G)(3) of	4484
this section indicating a decision to withdraw certification may,	4485
within thirty days after receiving it, request in writing that the	4486
board hold a hearing to reconsider its decision. Any interested	4487
party shall be given the opportunity to submit testimony or	4488
documentation in support of or in opposition to the board's	4489
recommendation to withdraw certification. Failure of the vendor to	4490
take appropriate steps as described in division (G)(1)(b) or to	4491
comply with division (G)(2) of this section results in a waiver of	4492
the vendor's rights under division (G)(4) of this section.	4493

(H)(1) The secretary of state, in consultation with the board	4494
of voting machine examiners, shall establish, by rule, guidelines	4495
for the approval, certification, and continued certification of	4496
the voting machines, marking devices, ~~and~~ tabulating equipment,	4497
and electronic pollbooks to be used under Title XXXV of the	4498
Revised Code. The guidelines shall establish procedures requiring	4499
vendors or computer software developers to place in escrow with an	4500
independent escrow agent approved by the secretary of state a copy	4501
of all source code and related documentation, together with	4502
periodic updates as they become known or available. The secretary	4503
of state shall require that the documentation include a system	4504
configuration and that the source code include all relevant	4505
program statements in low- or high-level languages. As used in	4506
this division, "source code" does not include variable codes	4507
created for specific elections.	4508

(2) Nothing in any rule adopted under division (H) of this	4509
section shall be construed to limit the ability of the secretary	4510
of state to follow or adopt, or to preclude the secretary of state	4511
from following or adopting, any guidelines proposed by the federal	4512
election commission, any entity authorized by the federal election	4513
commission to propose guidelines, the election assistance	4514
commission, or any entity authorized by the election assistance	4515
commission to propose guidelines.	4516

(3)(a) Before the initial certification of any direct	4517
recording electronic voting machine with a voter verified paper	4518
audit trail, and as a condition for the continued certification	4519
and use of those machines, the secretary of state shall establish,	4520
by rule, standards for the certification of those machines. Those	4521
standards shall include, but are not limited to, all of the	4522
following:	4523

(i) A definition of a voter verified paper audit trail as a	4524
paper record of the voter's choices that is verified by the voter	4525
prior to the casting of the voter's ballot and that is securely	4526
retained by the board of elections;	4527

(ii) Requirements that the voter verified paper audit trail	4528
shall not be retained by any voter and shall not contain	4529
individual voter information;	4530

(iii) A prohibition against the production by any direct	4531
recording electronic voting machine of anything that legally could	4532
be removed by the voter from the polling place, such as a receipt	4533
or voter confirmation;	4534

(iv) A requirement that paper used in producing a voter	4535
verified paper audit trail be sturdy, clean, and resistant to	4536
degradation;	4537

(v) A requirement that the voter verified paper audit trail	4538
shall be capable of being optically scanned for the purpose of	4539
conducting a recount or other audit of the voting machine and	4540
shall be readable in a manner that makes the voter's ballot	4541
choices obvious to the voter without the use of computer or	4542
electronic codes;	4543

(vi) A requirement, for office-type ballots, that the voter	4544
verified paper audit trail include the name of each candidate	4545
selected by the voter;	4546

(vii) A requirement, for questions and issues ballots, that	4547
the voter verified paper audit trail include the title of the	4548
question or issue, the name of the entity that placed the question	4549
or issue on the ballot, and the voter's ballot selection on that	4550
question or issue, but not the entire text of the question or	4551
issue.	4552

(b) The secretary of state, by rule adopted under Chapter	4553
119. of the Revised Code, may waive the requirement under division	4554
(H)(3)(a)(v) of this section, if the secretary of state determines	4555
that the requirement is cost prohibitive.	4556

(4)(a) Except as otherwise provided in division (H)(4)(c) of	4557
this section, any voting machine, marking device, or automatic	4558
tabulating equipment initially certified or acquired on or after	4559
December 1, 2008, shall have the most recent federal certification	4560
number issued by the election assistance commission.	4561

(b) Any voting machine, marking device, or automatic	4562
tabulating equipment certified for use in this state on ~~the~~	4563
~~effective date of this amendment~~September 12, 2008, shall meet,	4564
as a condition of continued certification and use, the voting	4565
system standards adopted by the federal election commission in	4566
2002.	4567

(c) A county that acquires additional voting machines,	4568
marking devices, or automatic tabulating equipment on or after	4569
December 1, 2008, shall not be considered to have acquired those	4570
machines, devices, or equipment on or after December 1, 2008, for	4571
the purpose of division (H)(4)(a) of this section if all of the	4572
following apply:	4573

(i) The voting machines, marking devices, or automatic	4574
tabulating equipment acquired are the same as the machines,	4575
devices, or equipment currently used in that county.	4576

(ii) The acquisition of the voting machines, marking devices,	4577
or automatic tabulating equipment does not replace or change the	4578
primary voting system used in that county.	4579

(iii) The acquisition of the voting machines, marking	4580
devices, or automatic tabulating equipment is for the purpose of	4581
replacing inoperable machines, devices, or equipment or for the	4582
purpose providing additional machines, devices, or equipment	4583
required to meet the allocation requirements established pursuant	4584
to division (I) of section 3501.11 of the Revised Code.	4585

Sec. 3506.12. In counties where marking devices, automatic	4586
tabulating equipment, voting machines, or any combination of these	4587
are in use or are to be used, the board of elections:	4588

(A) May combine, rearrange, and enlarge precincts; but the	4589
board shall arrange for a sufficient number of these devices to	4590
accommodate the number of electors in each precinct as determined	4591
by the number of votes cast in that precinct at the most recent	4592
election for the office of governor, taking into consideration the	4593
size and location of each selected polling place, available	4594
parking, handicap accessibility and other accessibility to the	4595
polling place, and the number of candidates and issues to be voted	4596
on. Notwithstanding section 3501.22 of the Revised Code, the board	4597
may appoint more than four precinct officers to each precinct if	4598
this is made necessary by the number of voting machines to be used	4599
in that precinct.	4600

(B) Except as otherwise provided in this division, shall	4601
establish one or more counting stations to receive voted ballots	4602
and other precinct election supplies after the polling precincts	4603
are closed. Those stations shall be under the supervision and	4604
direction of the board of elections. Processing and counting of	4605
voted ballots, and the preparation of summary sheets, shall be	4606
done in the presence of observers approved by the board. A	4607
certified copy of the summary sheet for the precinct shall be	4608
posted at each counting station immediately after completion of	4609
the summary sheet.	4610

~~In counties where punch card ballots are used, one or more~~	4611
~~counting stations, located at the board of elections, shall be~~	4612
~~established, at which location all punch card ballots shall be~~	4613
~~counted.~~	4614

~~As used in this division, "punch card ballot" has the same~~	4615
~~meaning as in section 3506.16 of the Revised Code.~~	4616

Sec. 3506.15. The secretary of state shall provide each	4617
board of elections with rules, instructions, directives, and	4618
advisories regarding the examination, testing, and use of the	4619
voting machine and tabulating equipment, the assignment of duties	4620
of booth officials, the procedure for casting a vote on the	4621
machine, and how the vote shall be tallied and reported to the	4622
board, and with other rules, instructions, directives, and	4623
advisories the secretary of state finds necessary to ensure the	4624
adequate care and custody of voting equipment, and the accurate	4625
registering, counting, and canvassing of the votes as required by	4626
this chapter. The boards of elections shall be charged with the	4627
responsibility of providing for the adequate instruction of voters	4628
and election officials in the proper use of the voting machine and	4629
marking devices. ~~The boards' instructions shall include, in~~	4630
~~counties where punch card ballots are used, instructions that each~~	4631
~~voter shall examine the voter's marked ballot card and remove any~~	4632
~~chads that remain partially attached to it before returning it to~~	4633
~~election officials.~~	4634

The secretary of state's rules, instructions, directives, and	4635
advisories provided under this section shall comply, insofar as	4636
practicable, with this chapter. The provisions of Title XXXV of	4637
the Revised Code, not inconsistent with the provisions relating to	4638
voting machines, apply in any county using a voting machine.	4639

~~As used in this section, "chad" and "punch card ballot" have~~	4640
~~the same meanings as in section 3506.16 of the Revised Code.~~	4641

Sec. 3509.01. (A) The board of elections of each county shall	4642
provide absent voter's ballots for use at every primary and	4643
general election, or special election to be held on the day	4644
specified by division (E) of section 3501.01 of the Revised Code	4645
for the holding of a primary election, designated by the general	4646
assembly for the purpose of submitting constitutional amendments	4647
proposed by the general assembly to the voters of the state. Those	4648
ballots shall be the same size, shall be printed on the same kind	4649
of paper, and shall be in the same form as has been approved for	4650
use at the election for which those ballots are to be voted;	4651
except that, in counties using marking devices, ballot cards may	4652
be used for absent voter's ballots, and those absent voters shall	4653
be instructed to record the vote in the manner provided on the	4654
ballot cards. ~~In counties where punch card ballots are used, those~~	4655
~~absent voters shall be instructed to examine their marked ballot~~	4656
~~cards and to remove any chads that remain partially attached to~~	4657
~~them before returning them to election officials.~~	4658

(B) The rotation of names of candidates and questions and	4659
issues shall be substantially complied with on absent voter's	4660
ballots, within the limitation of time allotted. Those ballots	4661
shall be designated as "Absent Voter's Ballots." Except as	4662
otherwise provided in division (D) of this section, those ballots	4663
shall be printed and ready for use as follows:	4664

(1) For overseas voters and absent uniformed services voters	4665
eligible to vote under the Uniformed and Overseas Citizens	4666
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	4667
1973ff, et seq., as amended, ballots shall be printed and ready	4668
for use on the forty-fifth day before the day of the election.	4669

(2) For all ~~other~~ voters, other than overseas voters and	4670
absent uniformed services voters, who are applying to vote absent	4671
voter's ballots other than in person, ballots shall be printed and	4672
ready for use on the ~~thirty-fifth~~twenty-first day before the day	4673
of the election.	4674

(3) For all voters who are applying to vote absent voter's	4675
ballots in person, ballots shall be printed and ready for use	4676
beginning on the tenth day before the day of the election and	4677
shall continue to be available for use through six p.m. on the	4678
last Friday before the day of the election, except that ballots	4679
shall not be available for use on Sunday. On the days in which	4680
absent voter's ballots are available for use in person, those	4681
ballots shall be available from eight a.m. through six p.m. Monday	4682
through Friday and from eight a.m. through six p.m. on Saturday.	4683
If, at the time for the close of in-person absent voting on a	4684
particular day, there are voters waiting in line to cast their	4685
ballots, the in-person absent voting location shall be kept open	4686
until such waiting voters have cast their absent voter's ballots.	4687

(C) Absent voter's ballots provided for use at a general or	4688
primary election, or special election to be held on the day	4689
specified by division (E) of section 3501.01 of the Revised Code	4690
for the holding of a primary election, designated by the general	4691
assembly for the purpose of submitting constitutional amendments	4692
proposed by the general assembly to the voters of the state, shall	4693
include only those questions, issues, and candidacies that have	4694
been lawfully ordered submitted to the electors voting at that	4695
election.	4696

(D)(1) If the laws governing the holding of a special	4697
election on a day other than the day on which a primary or general	4698
election is held make it impossible for absent voter's ballots to	4699
be printed and ready for use by the deadlines established in	4700
division (B) of this section, absent voter's ballots for those	4701
special elections shall be ready for use as many days before the	4702
day of the election as reasonably possible under the laws	4703
governing the holding of that special election.	4704

(2) If, in accordance with Section 2 of Article XVII, Ohio	4705
Constitution, an election is required to be held to fill a vacancy	4706
that occurs after absent voter's ballots have been printed and	4707
distributed under division (B) of this section, the board of	4708
elections shall print and distribute a supplemental ballot for	4709
that election to each absent voter who has requested a ballot for	4710
that election as many days before the election as reasonably	4711
possible.	4712

(E) A copy of the absent voter's ballots shall be forwarded	4713
by the director of the board in each county to the secretary of	4714
state at least twenty-five days before the election.	4715

~~(F) As used in this section, "chad" and "punch card ballot"~~	4716
~~have the same meanings as in section 3506.16 of the Revised Code.~~	4717

Sec. 3509.02. (A) Any qualified elector may vote by absent	4718
voter's ballots at an election.	4719

(B) Any qualified elector who is unable to appear at the	4720
office of the board of elections or, if pursuant to division	4721
(C)(2) of section 3501.10 of the Revised Code the board has	4722
designated another location in the county at which registered	4723
electors may ~~vote~~cast absent voter's ballots in person before an	4724
election, at that other location on account of personal illness,	4725
physical disability, or infirmity, and who moves from one precinct	4726
to another within a county, changes the elector's name and moves	4727
from one precinct to another within a county, or moves from one	4728
county to another county within the state, on or prior to the day	4729
of a general, primary, or special election and has not filed a	4730
notice of change of residence or change of name may vote by absent	4731
voter's ballots in that election as specified in division (G) of	4732
section 3503.16 of the Revised Code.	4733

Sec. 3509.03. Except as provided in section 3509.031 or	4734
division (B) of section 3509.08 of the Revised Code, any qualified	4735
elector desiring to vote absent voter's ballots at an election	4736
shall make written application for those ballots to the ~~director~~	4737
board of elections of the county in which the elector's voting	4738
residence is located. The application need not be in any	4739
particular form but shall contain all of the following:	4740

(A) The elector's name;

4741

(B) The elector's signature;

4742

4743

(D) The elector's date of birth;

4744

(E) One of the following:

4745

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

4746

(2) The last four digits of the elector's social security	4747
number;	4748

(3) A copy of the elector's current and valid photo	4749
identification, a copy of a military identification, or a copy of	4750
a current utility bill, bank statement, government check,	4751
paycheck, or other government document, other than ~~a notice of an~~	4752
~~election mailed by a board of elections under section 3501.19 of~~	4753
~~the Revised Code or~~ a notice of voter registration mailed by a	4754
board of elections under section 3503.19 of the Revised Code, that	4755
shows the name and address of the elector.	4756

(F) A statement identifying the election for which absent	4757
voter's ballots are requested;	4758

(G) A statement that the person requesting the ballots is a	4759
qualified elector;	4760

(H) If the request is for primary election ballots, the	4761
elector's party affiliation;	4762

(I) If the elector desires ballots to be mailed to the	4763
elector, the address to which those ballots shall be mailed.	4764

Each application for absent voter's ballots shall be	4765
delivered to the ~~director~~board not earlier than the first day of	4766
January of the year of the elections for which the absent voter's	4767
ballots are requested or not earlier than ninety days before the	4768
day of the election at which the ballots are to be voted,	4769
whichever is earlier, and not later than twelve noon of the third	4770
day before the day of the election at which the ballots are to be	4771
voted, or not later than the close of regular business hours on	4772
the day before the day of the election at which the ballots are to	4773
be voted if the application is delivered in person to the office	4774
of the board.	4775

A board of elections shall not mail any unsolicited	4776
applications for absent voter's ballots. A board shall only mail	4777
an absent voter's ballot application to an elector who has	4778
requested such an application from the board. A board of elections	4779
that mails an absent voter's ballot application to an elector	4780
under this section shall not prepay the return postage for that	4781
application.	4782

Sec. 3509.031. (A) Any qualified elector who is a member of	4783
the organized militia called to active duty within the state and	4784
who will be unable to vote on election day on account of that	4785
active duty may make written application for absent voter's	4786
ballots to the ~~director~~board of elections for the county in which	4787
the elector's voting residence is located. The elector may	4788
personally deliver the application to the ~~director~~office of the	4789
board or may mail it, send it by facsimile machine, or otherwise	4790
send it to the ~~director~~board. The application need not be in any	4791
particular form but shall contain all of the following:	4792

(1) The elector's name;

4793

(2) The elector's signature;

4794

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

4795

(4) The elector's date of birth;

4796

(5) One of the following:

4797

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

4798

(b) The last four digits of the elector's social security	4799
number;	4800

(c) A copy of the elector's current and valid photo	4801
identification, a copy of a military identification, or a copy of	4802
a current utility bill, bank statement, government check,	4803
paycheck, or other government document, other than ~~a notice of an~~	4804
~~election mailed by a board of elections under section 3501.19 of~~	4805
~~the Revised Code or~~ a notice of voter registration mailed by a	4806
board of elections under section 3503.19 of the Revised Code, that	4807
shows the name and address of the elector.	4808

(6) A statement identifying the election for which absent	4809
voter's ballots are requested;	4810

(7) A statement that the person requesting the ballots is a	4811
qualified elector;	4812

(8) A statement that the elector is a member of the organized	4813
militia serving on active duty within the state;	4814

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

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

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

(B) Application to have absent voter's ballots mailed or sent	4822
by facsimile machine to a qualified elector who is a member of the	4823
organized militia called to active duty within the state and who	4824
will be unable to vote on election day on account of that active	4825
duty may be made by the spouse of the militia member or the	4826
father, mother, father-in-law, mother-in-law, grandfather,	4827
grandmother, brother or sister of the whole blood or half blood,	4828
son, daughter, adopting parent, adopted child, stepparent,	4829
stepchild, uncle, aunt, nephew, or niece of the militia member.	4830
The application shall be in writing upon a blank form furnished	4831
only by the ~~director~~board of elections. The form of the	4832
application shall be prescribed by the secretary of state. The	4833
~~director~~board shall furnish that blank form to any of the	4834
relatives specified in this division desiring to make the	4835
application, only upon the request of such a relative in person at	4836
the office of the board or upon the written request of such a	4837
relative mailed to the office of the board. The application,	4838
subscribed and sworn to by the applicant, shall contain all of the	4839
following:	4840

(1) The full name of the elector for whom ballots are	4841
requested;	4842

(2) A statement that such person is a qualified elector in	4843
the county;	4844

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

4845

(4) The elector's date of birth;

4846

(5) One of the following:

4847

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

4848

(b) The last four digits of the elector's social security	4849
number;	4850

(c) A copy of the elector's current and valid photo	4851
identification, a copy of a military identification, or a copy of	4852
a current utility bill, bank statement, government check,	4853
paycheck, or other government document, other than ~~a notice of an~~	4854
~~election mailed by a board of elections under section 3501.19 of~~	4855
~~the Revised Code or~~ a notice of voter registration mailed by a	4856
board of elections under section 3503.19 of the Revised Code, that	4857
shows the name and address of the elector.	4858

(6) A statement identifying the election for which absent	4859
voter's ballots are requested;	4860

(7) A statement that the elector is a member of the organized	4861
militia serving on active duty within the state;	4862

(8) If the request is for primary election ballots, the	4863
elector's party affiliation;	4864

(9) A statement that the applicant bears a relationship to	4865
the elector as specified in division (B) of this section;	4866

(10) The address to which ballots shall be mailed or	4867
telephone number to which ballots shall be sent by facsimile	4868
machine;	4869

(11) The signature and address of the person making the	4870
application.	4871

(C) Applications to have absent voter's ballots mailed or	4872
sent by facsimile machine shall not be valid if dated, postmarked,	4873
or received by the ~~director~~board prior to the ninetieth day	4874
before the day of the election for which ballots are requested or	4875
if delivered to the ~~director~~board later than twelve noon of the	4876
third day preceding the day of such election. If, after the	4877
ninetieth day and before four p.m. of the day before the day of an	4878
election, a valid application for absent voter's ballots is	4879
delivered to the ~~director of elections at the~~ office of the board	4880
by a militia member making application in the militia member's own	4881
behalf, the ~~director~~board shall forthwith deliver to the militia	4882
member all absent voter's ballots then ready for use, together	4883
with an identification envelope. The militia member shall then	4884
vote the absent voter's ballots in the manner provided in section	4885
3509.05 of the Revised Code.	4886

(D) A board of elections shall not mail any unsolicited	4887
applications for absent voter's ballots. A board shall only mail	4888
an absent voter's ballot application to an elector who has	4889
requested such an application from the board. A board of elections	4890
that mails an absent voter's ballot application to an elector	4891
under this section shall not prepay the return postage for that	4892
application.	4893

Sec. 3509.04. (A) If ~~a director of~~ a board of elections	4894
receives an application for absent voter's ballots that does not	4895
contain all of the required information, the ~~director~~board	4896
promptly shall notify the applicant of the additional information	4897
required to be provided by the applicant to complete that	4898
application.	4899

(B) Upon receipt by the ~~director~~board of elections of an	4900
application for absent voter's ballots that contains all of the	4901
required information, as provided by sections 3509.03 and 3509.031	4902
and division (G) of section 3503.16 of the Revised Code, the	4903
~~director~~board, if the ~~director~~board finds that the applicant is	4904
a qualified elector, shall deliver to the applicant in person or	4905
mail directly to the applicant by special delivery mail, air mail,	4906
or regular mail, postage prepaid, proper absent voter's ballots.	4907
The ~~director~~board shall deliver or mail with the ballots an	4908
unsealed identification envelope upon the face of which shall be	4909
printed a form substantially as follows:	4910

"Identification Envelope Statement of Voter	4911

I, ........................(Name of voter), declare under	4912
penalty of election falsification that the within ballot or	4913
ballots contained no voting marks of any kind when I received	4914
them, and I caused the ballot or ballots to be marked, enclosed in	4915
the identification envelope, and sealed in that envelope.	4916

My voting residence in Ohio is

4917

...................................................................	4918

(Street and Number, if any, or Rural Route and Number)	4919

of ................................ (City, Village, or Township)	4920
Ohio, which is in Ward ............... Precinct ................	4921
in that city, village, or township.	4922

The primary election ballots, if any, within this envelope	4923
are primary election ballots of the ............. Party.	4924

Ballots contained within this envelope are to be voted at the	4925
.......... (general, special, or primary) election to be held on	4926
the .......................... day of ......................, ....	4927

My date of birth is ............... (Month and Day),	4928
.......... (Year).	4929

(Voter must provide one of the following:)

4930

My driver's license number is ............... (Driver's	4931
license number).	4932

The last four digits of my Social Security Number are	4933
............... (Last four digits of Social Security Number).	4934

...... In lieu of providing a driver's license number or the	4935
last four digits of my Social Security Number, I am enclosing a	4936
copy of one of the following in the return envelope in which this	4937
identification envelope will be mailed: a current and valid photo	4938
identification, a military identification, or a current utility	4939
bill, bank statement, government check, paycheck, or other	4940
government document, other than ~~a notice of an election mailed by~~	4941
~~a board of elections under section 3501.19 of the Revised Code or~~	4942
a notice of voter registration mailed by a board of elections,	4943
that shows my name and address.	4944

I hereby declare, under penalty of election falsification,	4945
that the statements above are true, as I verily believe.	4946

			4947
	(Signature of Voter)		4948

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	4949
THE FIFTH DEGREE."	4950

The ~~director~~board of elections shall mail with the ballots	4951
and the unsealed identification envelope an unsealed return	4952
envelope upon the face of which shall be printed the official	4953
title and post-office address of the ~~director~~board. In the upper	4954
left corner on the face of the return envelope, several blank	4955
lines shall be printed upon which the voter may write the voter's	4956
name and return address. The return envelope shall be of such size	4957
that the identification envelope can be conveniently placed within	4958
it for returning the identification envelope to the ~~director~~	4959
board.	4960

Sec. 3509.05. (A) When an elector receives an absent voter's	4961
ballot pursuant to the elector's application or request, the	4962
elector shall, before placing any marks on the ballot, note	4963
whether there are any voting marks on it. If there are any voting	4964
marks, the ballot shall be returned immediately to the board of	4965
elections; otherwise, the elector shall cause the ballot to be	4966
marked, folded in a manner that the stub on it and the	4967
indorsements and facsimile signatures of the members of the board	4968
of elections on the back of it are visible, and placed and sealed	4969
within the identification envelope received from the ~~director~~	4970
board of elections for that purpose. Then, the elector shall cause	4971
the statement of voter on the outside of the identification	4972
envelope to be completed and signed, under penalty of election	4973
falsification.	4974

If the elector does not provide the elector's driver's	4975
license number or the last four digits of the elector's social	4976
security number on the statement of voter on the identification	4977
envelope, the elector also shall include in the return envelope	4978
with the identification envelope a copy of the elector's current	4979
valid photo identification, a copy of a military identification,	4980
or a copy of a current utility bill, bank statement, government	4981
check, paycheck, or other government document, other than ~~a notice~~	4982
~~of an election mailed by a board of elections under section~~	4983
~~3501.19 of the Revised Code or~~ a notice of voter registration	4984
mailed by a board of elections under section 3503.19 of the	4985
Revised Code, that shows the name and address of the elector.	4986

The elector shall mail the identification envelope to the	4987
~~director~~board of elections from ~~whom~~which it was received in the	4988
return envelope, postage prepaid, or the elector may personally	4989
deliver it to the ~~director~~office of the board, or the spouse of	4990
the elector, the father, mother, father-in-law, mother-in-law,	4991
grandfather, grandmother, brother, or sister of the whole or half	4992
blood, or the son, daughter, adopting parent, adopted child,	4993
stepparent, stepchild, uncle, aunt, nephew, or niece of the	4994
elector may deliver it to the ~~director~~board. The return envelope	4995
shall be transmitted to the ~~director~~board in no other manner,	4996
except as provided in section 3509.08 of the Revised Code.	4997

When absent voter's ballots are delivered to an elector at	4998
the office of the board, the elector may retire to a voting	4999
compartment provided by the board and there mark the ballots.	5000
Thereupon, the elector shall fold them, place them in the	5001
identification envelope provided, seal the envelope, fill in and	5002
sign the statement on the envelope under penalty of election	5003
falsification, and deliver the envelope to the ~~director of the~~	5004
board.	5005

Except as otherwise provided in division (B) of this section,	5006
all other envelopes containing marked absent voter's ballots shall	5007
be delivered to the ~~director~~board not later than the close of the	5008
polls on the day of an election. Absent voter's ballots delivered	5009
to the ~~director~~board later than the times specified shall not be	5010
counted, but shall be kept by the board in the sealed	5011
identification envelopes in which they are delivered to the	5012
~~director~~board, until the time provided by section 3505.31 of the	5013
Revised Code for the destruction of all other ballots used at the	5014
election for which ballots were provided, at which time they shall	5015
be destroyed.	5016

(B)(1) Except as otherwise provided in division (B)(2) of	5017
this section, any return envelope that is postmarked prior to the	5018
day of the election shall be delivered to the ~~director~~board prior	5019
to the eleventh day after the election. Ballots delivered in	5020
envelopes postmarked prior to the day of the election that are	5021
received after the close of the polls on election day through the	5022
tenth day thereafter shall be counted on the eleventh day at the	5023
board of elections in the manner provided in divisions (C) and (D)	5024
of section 3509.06 of the Revised Code. Any such ballots that are	5025
received by the ~~director~~board later than the tenth day following	5026
the election shall not be counted, but shall be kept by the board	5027
in the sealed identification envelopes as provided in division (A)	5028
of this section.	5029

(2) Division (B)(1) of this section shall not apply to any	5030
mail that is postmarked using a postage evidencing system,	5031
including a postage meter, as defined in 39 C.F.R. 501.1.	5032

(C) Upon receipt of any return envelope prior to the eleventh	5033
day after the day of any election, the board of elections shall	5034
open it but shall not open the identification envelope contained	5035
in it. If, upon so opening the return envelope, the board finds	5036
ballots in it that are not enclosed in and properly sealed in the	5037
identification envelope, the board shall not look at the markings	5038
upon the ballots and shall promptly place them in the	5039
identification envelope and promptly seal it. If, upon so opening	5040
the return envelope, the board finds that ballots are enclosed in	5041
the identification envelope but that it is not properly sealed,	5042
the board shall not look at the markings upon the ballots and	5043
shall promptly seal the identification envelope.	5044

Sec. 3509.06. (A) The board of elections shall determine	5045
whether absent voter's ballots shall be counted in each precinct,	5046
at the office of the board, or at some other location designated	5047
by the board, and shall proceed accordingly under division (B) or	5048
(C) of this section.	5049

(B) When the board of elections determines that absent	5050
voter's ballots shall be counted in each precinct, the ~~director~~	5051
board shall deliver to the ~~presiding judge~~voting location manager	5052
of each precinct on election day identification envelopes	5053
purporting to contain absent voter's ballots of electors whose	5054
voting residence appears from the statement of voter on the	5055
outside of each of those envelopes, to be located in ~~such~~	5056
~~presiding judge's~~that manager's precinct, and which were	5057
received by the ~~director~~board not later than the close of the	5058
polls on election day. The ~~director~~board shall deliver to ~~such~~	5059
~~presiding judge~~the voting location manager a list containing the	5060
name and voting residence of each person whose voting residence is	5061
in such precinct to whom absent voter's ballots were mailed.	5062

(C) When the board of elections determines that absent	5063
voter's ballots shall be counted at the office of the board of	5064
elections or at another location designated by the board, special	5065
election ~~judges~~officials shall be appointed by the board for that	5066
purpose having the same authority as is exercised by precinct	5067
~~judges~~election officials. The votes so cast shall be added to the	5068
vote totals ~~by the board~~for the precincts in which the applicable	5069
absent voters reside, and the absent voter's ballots shall be	5070
preserved separately by the board, in the same manner and for the	5071
same length of time as provided by section 3505.31 of the Revised	5072
Code.	5073

(D) Each of the identification envelopes purporting to	5074
contain absent voter's ballots delivered to the ~~presiding judge~~	5075
voting location manager of the precinct or the special ~~judge~~	5076
election official appointed by the board of elections shall be	5077
handled as follows: The election officials shall compare the	5078
signature of the elector on the outside of the identification	5079
envelope with the signature of that elector on the elector's	5080
registration form and verify that the absent voter's ballot is	5081
eligible to be counted under section 3509.07 of the Revised Code.	5082
Any of the precinct officials may challenge the right of the	5083
elector named on the identification envelope to vote the absent	5084
voter's ballots upon the ground that the signature on the envelope	5085
is not the same as the signature on the registration form, that	5086
the identification envelope statement of voter has not been	5087
completed, unless the ballot is a uniformed services or overseas	5088
absent voter's ballot, or upon any other of the grounds upon which	5089
the right of persons to vote may be lawfully challenged. If no	5090
such challenge is made, or if such a challenge is made and not	5091
sustained, or if a uniformed services or overseas absent voter	5092
signed the identification envelope statement of voter, is	5093
registered to vote, and is eligible to vote in the election, the	5094
~~presiding judge~~voting location manager shall open the envelope	5095
without defacing the statement of voter and without mutilating the	5096
ballots in it, and shall remove the ballots contained in it and	5097
proceed to count them.	5098

The name of each person voting who is entitled to vote only	5099
an absent voter's presidential ballot shall be entered in a	5100
pollbook or poll list or signature pollbook followed by the words	5101
"Absentee Presidential Ballot." The name of each person voting an	5102
absent voter's ballot, other than such persons entitled to vote	5103
only a presidential ballot, shall be entered in the pollbook or	5104
poll list or signature pollbook and the person's registration card	5105
marked to indicate that the person has voted.	5106

The date of such election shall also be entered on the	5107
elector's registration form. If any such challenge is made and	5108
sustained, the identification envelope of such elector shall not	5109
be opened, shall be endorsed "Not Counted" with the reasons the	5110
ballots were not counted, and shall be delivered to the board.	5111

(E) Special election ~~judges~~officials, employees or members	5112
of the board of elections, or observers shall not disclose the	5113
count or any portion of the count of absent voter's ballots prior	5114
to the time of the closing of the polling places. No person shall	5115
recklessly disclose the count or any portion of the count of	5116
absent voter's ballots in such a manner as to jeopardize the	5117
secrecy of any individual ballot.	5118

(F) Observers may be appointed under section 3505.21 of the	5119
Revised Code to witness the examination and opening of	5120
identification envelopes and the counting of absent voters'	5121
ballots under this section.	5122

Sec. 3509.07. If election officials find that the statement	5123
accompanying an absent voter's ballot or absent voter's	5124
presidential ballot is insufficient, that the signatures do not	5125
correspond with the person's registration signature, that the	5126
applicant is not a qualified elector in the precinct, that the	5127
ballot envelope contains more than one ballot of any one kind, or	5128
any voted ballot that the elector is not entitled to vote, that	5129
Stub A is ~~detached from~~not included in the envelope with the	5130
absent voter's ballot or absent voter's presidential ballot, or	5131
that the elector has not included with the elector's ballot any	5132
identification required under section 3509.05 or 3511.09 of the	5133
Revised Code, the vote shall not be accepted or counted. The vote	5134
of any absent voter may be challenged for cause in the same manner	5135
as other votes are challenged, and the election officials shall	5136
determine the legality of that ballot. Every ballot not counted	5137
shall be endorsed on its back "Not Counted" with the reasons the	5138
ballot was not counted, and shall be enclosed and returned to or	5139
retained by the board of elections along with the contested	5140
ballots.	5141

Sec. 3509.08. (A) Any qualified elector, who, on account of	5142
the elector's own personal illness, physical disability, or	5143
infirmity, or on account of the elector's confinement in a jail or	5144
workhouse under sentence for a misdemeanor or awaiting trial on a	5145
felony or misdemeanor, will be unable to travel from the elector's	5146
home or place of confinement to the voting booth in the elector's	5147
precinct on the day of any general, special, or primary election	5148
may make application in writing for an absent voter's ballot to	5149
~~the director of~~ the board of elections of the elector's county.	5150
The application shall include all of the information required	5151
under section 3509.03 of the Revised Code and shall state the	5152
nature of the elector's illness, physical disability, or	5153
infirmity, or the fact that the elector is confined in a jail or	5154
workhouse and the elector's resultant inability to travel to the	5155
election booth in the elector's precinct on election day. The	5156
application shall not be valid if it is delivered to the ~~director~~	5157
board before the ninetieth day or after twelve noon of the third	5158
day before the day of the election at which the ballot is to be	5159
voted.	5160

The absent voter's ballot may be mailed directly to the	5161
applicant at the applicant's voting residence or place of	5162
confinement as stated in the applicant's application, or the board	5163
may designate two board employees belonging to the two major	5164
political parties for the purpose of delivering the ballot to the	5165
disabled or confined elector and returning it to the board, unless	5166
the applicant is confined to a public or private institution	5167
within the county, in which case the board shall designate two	5168
board employees belonging to the two major political parties for	5169
the purpose of delivering the ballot to the disabled or confined	5170
elector and returning it to the board. In all other instances, the	5171
ballot shall be returned to the office of the board in the manner	5172
prescribed in section 3509.05 of the Revised Code.	5173

Any disabled or confined elector who declares to the two	5174
board employees belonging to the two major political parties that	5175
the elector is unable to mark the elector's ballot by reason of	5176
physical infirmity that is apparent to the employees to be	5177
sufficient to incapacitate the voter from marking the elector's	5178
ballot properly, may receive, upon request, the assistance of the	5179
employees in marking the elector's ballot, and they shall	5180
thereafter give no information in regard to this matter. Such	5181
assistance shall not be rendered for any other cause.	5182

When two board employees belonging to the two major political	5183
parties deliver a ballot to a disabled or confined elector, each	5184
of the employees shall be present when the ballot is delivered,	5185
when assistance is given, and when the ballot is returned to the	5186
office of the board, and shall subscribe to the declaration on the	5187
identification envelope.	5188

The secretary of state shall prescribe the form of	5189
application for absent voter's ballots under this division.	5190

This chapter applies to disabled and confined absent voter's	5191
ballots except as otherwise provided in this section.	5192

(B)(1) Any qualified elector who is unable to travel to the	5193
voting booth in the elector's precinct on the day of any general,	5194
special, or primary election may apply to ~~the director of~~ the	5195
board of elections of the county where the elector is a qualified	5196
elector to vote in the election by absent voter's ballot if either	5197
of the following apply:	5198

(a) The elector is confined in a hospital as a result of an	5199
accident or unforeseeable medical emergency occurring before the	5200
election;	5201

(b) The elector's minor child is confined in a hospital as a	5202
result of an accident or unforeseeable medical emergency occurring	5203
before the election.	5204

(2) The application authorized under division (B)(1) of this	5205
section shall be made in writing, shall include all of the	5206
information required under section 3509.03 of the Revised Code,	5207
and shall be delivered to the ~~director~~board not later than three	5208
p.m. on the day of the election. The application shall indicate	5209
the hospital where the applicant or the applicant's child is	5210
confined, the date of the applicant's or the applicant's child's	5211
admission to the hospital, and the offices for which the applicant	5212
is qualified to vote. The applicant may also request that a member	5213
of the applicant's family, as listed in section 3509.05 of the	5214
Revised Code, deliver the absent voter's ballot to the applicant.	5215
The ~~director~~board, after establishing to the ~~director's~~board's	5216
satisfaction the validity of the circumstances claimed by the	5217
applicant, shall supply an absent voter's ballot to be delivered	5218
to the applicant. When the applicant or the applicant's child is	5219
in a hospital in the county where the applicant is a qualified	5220
elector and no request is made for a member of the family to	5221
deliver the ballot, the ~~director~~board shall arrange for the	5222
delivery of an absent voter's ballot to the applicant, and for its	5223
return to the office of the board, by two board employees	5224
belonging to the two major political parties according to the	5225
procedures prescribed in division (A) of this section. When the	5226
applicant or the applicant's child is in a hospital outside the	5227
county where the applicant is a qualified elector and no request	5228
is made for a member of the family to deliver the ballot, the	5229
~~director~~board shall arrange for the delivery of an absent voter's	5230
ballot to the applicant by mail, and the ballot shall be returned	5231
to the office of the board in the manner prescribed in section	5232
3509.05 of the Revised Code.	5233

(3) Any qualified elector who is eligible to vote under	5234
division (B) or (C) of section 3503.16 of the Revised Code but is	5235
unable to do so because of the circumstances described in division	5236
(B)(2) of this section may vote in accordance with division (B)(1)	5237
of this section if that qualified elector states in the	5238
application for absent voter's ballots that that qualified elector	5239
moved or had a change of name under the circumstances described in	5240
division (B) or (C) of section 3503.16 of the Revised Code and if	5241
that qualified elector complies with divisions (G)(1) to (4) of	5242
section 3503.16 of the Revised Code.	5243

(C) Any qualified elector described in division (A) or (B)(1)	5244
of this section who needs no assistance to vote or to return	5245
absent voter's ballots to the board of elections may apply for	5246
absent voter's ballots under section 3509.03 of the Revised Code	5247
instead of applying for them under this section.	5248

Sec. 3509.09. (A) The poll list or signature pollbook for	5249
each precinct shall identify each registered elector in that	5250
precinct who has requested an absent voter's ballot for that	5251
election.	5252

(B)(1) If a registered elector appears to vote in that	5253
precinct and that elector has requested an absent voter's ballot	5254
for that election but the ~~director~~board of elections has not	5255
received a sealed identification envelope purporting to contain	5256
that elector's voted absent voter's ballots for that election, the	5257
elector shall be permitted to cast a provisional ballot under	5258
section 3505.181 of the Revised Code in that precinct on the day	5259
of that election.	5260

(2) If a registered elector appears to vote in that precinct	5261
and that elector has requested an absent voter's ballot for that	5262
election and the ~~director~~board has received a sealed	5263
identification envelope purporting to contain that elector's voted	5264
absent voter's ballots for that election, the elector shall be	5265
permitted to cast a provisional ballot under section 3505.181 of	5266
the Revised Code in that precinct on the day of that election.	5267

(C)(1) In counting absent voter's ballots under section	5268
3509.06 of the Revised Code, the board of elections shall compare	5269
the signature of each elector from whom the ~~director~~board has	5270
received a sealed identification envelope purporting to contain	5271
that elector's voted absent voter's ballots for that election to	5272
the signature on that elector's registration form. Except as	5273
otherwise provided in division (C)(3) of this section, if the	5274
board of elections determines that the absent voter's ballot in	5275
the sealed identification envelope is valid, it shall be counted.	5276
If the board of elections determines that the signature on the	5277
sealed identification envelope purporting to contain the elector's	5278
voted absent voter's ballot does not match the signature on the	5279
elector's registration form, the ballot shall be set aside and the	5280
board shall examine, during the time prior to the beginning of the	5281
official canvass, the poll list or signature pollbook from the	5282
precinct in which the elector is registered to vote to determine	5283
if the elector also cast a provisional ballot under section	5284
3505.181 of the Revised Code in that precinct on the day of the	5285
election.	5286

(2) The board of elections shall count the provisional	5287
ballot, instead of the absent voter's ballot, if both of the	5288
following apply:	5289

(a) The board of elections determines that the signature of	5290
the elector on the outside of the identification envelope in which	5291
the absent voter's ballots are enclosed does not match the	5292
signature of the elector on the elector's registration form;	5293

(b) The elector cast a provisional ballot in the precinct on	5294
the day of the election.	5295

(3) If the board of elections does not receive the sealed	5296
identification envelope purporting to contain the elector's voted	5297
absent voter's ballot by the applicable deadline established under	5298
section 3509.05 of the Revised Code, the provisional ballot cast	5299
under section 3505.181 of the Revised Code in that precinct on the	5300
day of the election shall be counted as valid, if that provisional	5301
ballot is otherwise determined to be valid pursuant to section	5302
3505.183 of the Revised Code.	5303

(D) If the board of elections counts a provisional ballot	5304
under division (C)(2) or (3) of this section, the returned	5305
identification envelope of that elector shall not be opened, and	5306
the ballot within that envelope shall not be counted. The	5307
identification envelope shall be endorsed "Not Counted" with the	5308
reason the ballot was not counted.	5309

Sec. 3511.02. Notwithstanding any section of the Revised	5310
Code to the contrary, whenever any person applies for registration	5311
as a voter on a form adopted in accordance with federal	5312
regulations relating to the "Uniformed and Overseas Citizens	5313
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5314
this application shall be sufficient for voter registration and as	5315
a request for an absent voter's ballot. Uniformed services or	5316
overseas absent voter's ballots may be obtained by any person	5317
meeting the requirements of section 3511.01 of the Revised Code by	5318
applying electronically to the secretary of state or to the board	5319
of elections of the county in which the person's voting residence	5320
is located in accordance with section 3511.021 of the Revised Code	5321
or by applying to ~~the director of~~ the board of elections of the	5322
county in which the person's voting residence is located, in one	5323
of the following ways:	5324

(A) That person may make written application for those	5325
ballots. The person may personally deliver the application to the	5326
~~director~~board or may mail it, send it by facsimile machine, or	5327
otherwise send it to the ~~director~~board. The application need not	5328
be in any particular form but shall contain all of the following	5329
information:	5330

(1) The elector's name;

5331

(2) The elector's signature;

5332

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

5333

(4) The elector's date of birth;

5334

(5) One of the following:

5335

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

5336

(b) The last four digits of the elector's social security	5337
number;	5338

(c) A copy of the elector's current and valid photo	5339
identification, a copy of a military identification, or a copy of	5340
a current utility bill, bank statement, government check,	5341
paycheck, or other government document, other than ~~a notice of an~~	5342
~~election mailed by a board of elections under section 3501.19 of~~	5343
~~the Revised Code or~~ a notice of voter registration mailed by a	5344
board of elections under section 3503.19 of the Revised Code, that	5345
shows the name and address of the elector.	5346

(6) A statement identifying the election for which absent	5347
voter's ballots are requested;	5348

(7) A statement that the person requesting the ballots is a	5349
qualified elector;	5350

(8) A statement that the elector is an absent uniformed	5351
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5352

(9) A statement of the elector's length of residence in the	5353
state immediately preceding the commencement of service,	5354
immediately preceding the date of leaving to be with or near the	5355
service member, or immediately preceding leaving the United	5356
States, whichever is applicable;	5357

(10) If the request is for primary election ballots, the	5358
elector's party affiliation;	5359

(11) If the elector desires ballots to be mailed to the	5360
elector, the address to which those ballots shall be mailed;	5361

(12) If the elector desires ballots to be sent to the elector	5362
by facsimile machine, the telephone number to which they shall be	5363
so sent.	5364

(B) A voter or any relative of a voter listed in division (C)	5365
of this section may use a single federal post card application to	5366
apply for uniformed services or overseas absent voter's ballots	5367
for use at the primary and general elections in a given year and	5368
any special election to be held on the day in that year specified	5369
by division (E) of section 3501.01 of the Revised Code for the	5370
holding of a primary election, designated by the general assembly	5371
for the purpose of submitting constitutional amendments proposed	5372
by the general assembly to the voters of the state. A single	5373
federal postcard application shall be processed by the board of	5374
elections pursuant to section 3511.04 of the Revised Code the same	5375
as if the voter had applied separately for uniformed services or	5376
overseas absent voter's ballots for each election.	5377

(C) Application to have uniformed services or overseas absent	5378
voter's ballots mailed or sent by facsimile machine to such a	5379
person may be made by the spouse, father, mother, father-in-law,	5380
mother-in-law, grandfather, grandmother, brother or sister of the	5381
whole blood or half blood, son, daughter, adopting parent, adopted	5382
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	5383
such a person. The application shall be in writing upon a blank	5384
form furnished only by the ~~director~~board of elections or on a	5385
single federal post card as provided in division (B) of this	5386
section. The form of the application shall be prescribed by the	5387
secretary of state. The ~~director~~board shall furnish that blank	5388
form to any of the relatives specified in this division desiring	5389
to make the application, only upon the request of such a relative	5390
made in person at the office of the board or upon the written	5391
request of such a relative mailed to the office of the board. The	5392
application, subscribed and sworn to by the applicant, shall	5393
contain all of the following:	5394

(1) The full name of the elector for whom ballots are	5395
requested;	5396

(2) A statement that the elector is an absent uniformed	5397
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5398

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

5399

(4) A statement identifying the elector's length of residence	5400
in the state immediately preceding the commencement of service,	5401
immediately preceding the date of leaving to be with or near a	5402
service member, or immediately preceding leaving the United	5403
States, as the case may be;	5404

(5) The elector's date of birth;

5405

(6) One of the following:

5406

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

5407

(b) The last four digits of the elector's social security	5408
number;	5409

(c) A copy of the elector's current and valid photo	5410
identification, a copy of a military identification, or a copy of	5411
a current utility bill, bank statement, government check,	5412
paycheck, or other government document, other than ~~a notice of an~~	5413
~~election mailed by a board of elections under section 3501.19 of~~	5414
~~the Revised Code or~~ a notice of voter registration mailed by a	5415
board of elections under section 3503.19 of the Revised Code, that	5416
shows the name and address of the elector.	5417

(7) A statement identifying the election for which absent	5418
voter's ballots are requested;	5419

(8) A statement that the person requesting the ballots is a	5420
qualified elector;	5421

(9) If the request is for primary election ballots, the	5422
elector's party affiliation;	5423

(10) A statement that the applicant bears a relationship to	5424
the elector as specified in division (C) of this section;	5425

(11) The address to which ballots shall be mailed or the	5426
telephone number to which ballots shall be sent by facsimile	5427
machine;	5428

(12) The signature and address of the person making the	5429
application.	5430

Each application for uniformed services or overseas absent	5431
voter's ballots shall be delivered to the ~~director~~board not	5432
earlier than the first day of January of the year of the elections	5433
for which the uniformed services or overseas absent voter's	5434
ballots are requested or not earlier than ninety days before the	5435
day of the election at which the ballots are to be voted,	5436
whichever is earlier, and not later than twelve noon of the third	5437
day preceding the day of the election, or not later than the close	5438
of regular business hours on the day before the day of the	5439
election at which those ballots are to be voted if the application	5440
is delivered in person to the office of the board.	5441

(D) If the voter for whom the application is made is entitled	5442
to vote for presidential and vice-presidential electors only, the	5443
applicant shall submit to the ~~director~~board in addition to the	5444
requirements of divisions (A), (B), and (C) of this section, a	5445
statement to the effect that the voter is qualified to vote for	5446
presidential and vice-presidential electors and for no other	5447
offices.	5448

Sec. 3511.04. (A) If ~~a director of~~ a board of elections	5449
receives an application for uniformed services or overseas absent	5450
voter's ballots that does not contain all of the required	5451
information, the ~~director~~board promptly shall notify the	5452
applicant of the additional information required to be provided by	5453
the applicant to complete that application.	5454

(B) Not later than the forty-fifth day before the day of each	5455
general or primary election, and at the earliest possible time	5456
before the day of a special election held on a day other than the	5457
day on which a general or primary election is held, ~~the director~~	5458
of the board of elections shall mail, send by facsimile machine,	5459
or otherwise send uniformed services or overseas absent voter's	5460
ballots then ready for use as provided for in section 3511.03 of	5461
the Revised Code and for which the ~~director~~board has received	5462
valid applications prior to that time. Thereafter, and until	5463
twelve noon of the third day preceding the day of election, the	5464
~~director~~board shall promptly, upon receipt of valid applications	5465
for them, mail, send by facsimile machine, or otherwise send to	5466
the proper persons all uniformed services or overseas absent	5467
voter's ballots then ready for use.	5468

If, after the seventieth day before the day of a general or	5469
primary election, any other question, issue, or candidacy is	5470
lawfully ordered submitted to the electors voting at the general	5471
or primary election, the board shall promptly provide a separate	5472
official issue, special election, or other election ballot for	5473
submitting the question, issue, or candidacy to those electors,	5474
and ~~the director shall~~ promptly mail or send by facsimile machine	5475
each such separate ballot to each person to whom the ~~director~~	5476
board has previously mailed or sent by facsimile machine other	5477
uniformed services or overseas absent voter's ballots.	5478

In mailing uniformed services or overseas absent voter's	5479
ballots, the ~~director~~board shall use the fastest mail service	5480
available, but the ~~director~~board shall not mail them by certified	5481
mail.	5482

Sec. 3511.05. (A) The ~~director of the~~ board of elections	5483
shall place uniformed services or overseas absent voter's ballots	5484
sent by mail in an unsealed identification envelope, gummed ready	5485
for sealing. The ~~director~~board shall include with uniformed	5486
services or overseas absent voter's ballots sent electronically,	5487
including by facsimile machine, an instruction sheet for preparing	5488
a gummed envelope in which the ballots shall be returned. The	5489
envelope for returning ballots sent by either means shall have	5490
printed or written on its face a form substantially as follows:	5491

"Identification Envelope Statement of Voter	5492

I, ........................(Name of voter), declare under	5493
penalty of election falsification that the within ballot or	5494
ballots contained no voting marks of any kind when I received	5495
them, and I caused the ballot or ballots to be marked, enclosed in	5496
the identification envelope, and sealed in that envelope.	5497

My voting residence in Ohio is

5498

...................................................................	5499

(Street and Number, if any, or Rural Route and Number)	5500

of ................................ (City, Village, or Township)	5501
Ohio, which is in Ward ............... Precinct ................	5502
in that city, village, or township.	5503

The primary election ballots, if any, within this envelope	5504
are primary election ballots of the ............. Party.	5505

Ballots contained within this envelope are to be voted at the	5506
.......... (general, special, or primary) election to be held on	5507
the .......................... day of ......................, ....	5508

My date of birth is ............... (Month and Day),	5509
.......... (Year).	5510

(Voter must provide one of the following:)

5511

My driver's license number is ............... (Driver's	5512
license number).	5513

The last four digits of my Social Security Number are	5514
............... (Last four digits of Social Security Number).	5515

...... In lieu of providing a driver's license number or the	5516
last four digits of my Social Security Number, I am enclosing a	5517
copy of one of the following in the return envelope in which this	5518
identification envelope will be mailed: a current and valid photo	5519
identification, a military identification, or a current utility	5520
bill, bank statement, government check, paycheck, or other	5521
government document, other than ~~a notice of an election mailed by~~	5522
~~a board of elections under section 3501.19 of the Revised Code or~~	5523
a notice of voter registration mailed by a board of elections,	5524
that shows my name and address.	5525

I hereby declare, under penalty of election falsification,	5526
that the statements above are true, as I verily believe.	5527

			5528
	(Signature of Voter)		5529

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5530
THE FIFTH DEGREE."	5531

(B) The ~~director~~board shall also mail with the ballots and	5532
the unsealed identification envelope sent by mail an unsealed	5533
return envelope, gummed, ready for sealing, for use by the voter	5534
in returning the voter's marked ballots to the ~~director~~board. The	5535
~~director~~board shall send with the ballots and the instruction	5536
sheet for preparing a gummed envelope sent electronically,	5537
including by facsimile machine, an instruction sheet for preparing	5538
a second gummed envelope as described in this division, for use by	5539
the voter in returning that voter's marked ballots to the ~~director~~	5540
board. The return envelope shall have two parallel lines, each one	5541
quarter of an inch in width, printed across its face paralleling	5542
the top, with an intervening space of one quarter of an inch	5543
between such lines. The top line shall be one and one-quarter	5544
inches from the top of the envelope. Between the parallel lines	5545
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5546
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5547
lines shall be printed in the upper left corner on the face of the	5548
envelope for the use by the voter in placing the voter's complete	5549
military, naval, or mailing address on these lines, and beneath	5550
these lines there shall be printed a box beside the words "check	5551
if out-of-country." The voter shall check this box if the voter	5552
will be outside the United States on the day of the election. The	5553
official title and the post-office address of the ~~director~~board	5554
to ~~whom~~which the envelope shall be returned shall be printed on	5555
the face of such envelope in the lower right portion below the	5556
bottom parallel line.	5557

(C) On the back of each identification envelope and each	5558
return envelope shall be printed the following:	5559

"Instructions to voter:	5560

If the flap on this envelope is so firmly stuck to the back	5561
of the envelope when received by you as to require forcible	5562
opening in order to use it, open the envelope in the manner least	5563
injurious to it, and, after marking your ballots and enclosing	5564
same in the envelope for mailing them to ~~the director of~~ the board	5565
of elections, reclose the envelope in the most practicable way, by	5566
sealing or otherwise, and sign the blank form printed below.	5567

The flap on this envelope was firmly stuck to the back of the	5568
envelope when received, and required forced opening before sealing	5569
and mailing.	5570

			5571
	(Signature of voter)"		5572

(D) Division (C) of this section does not apply when absent	5573
voter's ballots are sent electronically, including by facsimile	5574
machine.	5575

Sec. 3511.06. The return envelope provided for in section	5576
3511.05 of the Revised Code shall be of such size that the	5577
identification envelope can be conveniently placed within it for	5578
returning the identification envelope to the ~~director~~board of	5579
elections. The envelope in which the two envelopes and the	5580
uniformed services or overseas absent voter's ballots are mailed	5581
to the elector shall have two parallel lines, each one quarter of	5582
an inch in width, printed across its face, paralleling the top,	5583
with an intervening space of one-quarter of an inch between such	5584
lines. The top line shall be one and one-quarter inches from the	5585
top of the envelope. Between the parallel lines shall be printed:	5586
"official uniformed services or overseas absent voter's balloting	5587
material--via air mail." The appropriate return address of ~~the~~	5588
~~director of~~ the board of elections shall be printed in the upper	5589
left corner on the face of such envelope. Several blank lines	5590
shall be printed on the face of such envelope in the lower right	5591
portion, below the bottom parallel line, for writing in the name	5592
and address of the elector to whom such envelope is mailed.	5593

Sec. 3511.07. When mailing unsealed identification envelopes	5594
and unsealed return envelopes to persons, the ~~director of the~~	5595
board of elections shall insert a sheet of waxed paper or other	5596
appropriate insert between the gummed flap and the back of each of	5597
such envelopes to minimize the possibility that the flap may	5598
become firmly stuck to the back of the envelope by reason of	5599
moisture, humid atmosphere, or other conditions to which they may	5600
be subjected. If the flap on either of such envelopes should be so	5601
firmly stuck to the back of the envelope when it is received by	5602
the voter as to require forcible opening of the envelope in order	5603
to use it, the voter shall open such envelope in the manner least	5604
injurious to it, and, after marking ~~his~~the voter's ballots and	5605
enclosing them in the envelope for mailing to the ~~director~~board,	5606
hethe voter shall reclose such envelope in the most practicable	5607
way, by sealing it or otherwise, and shall sign the blank form	5608
printed on the back of such envelope.	5609

Sec. 3511.08. The ~~director of the~~ board of elections shall	5610
keep a record of the name and address of each person to whom the	5611
~~director~~board mails or delivers uniformed services or overseas	5612
absent voter's ballots, the kinds of ballots so mailed or	5613
delivered, and the name and address of the person who made the	5614
application for such ballots. After the ~~director~~board has mailed	5615
or delivered such ballots, the ~~director~~board shall not mail or	5616
deliver additional ballots of the same kind to such person	5617
pursuant to a subsequent request unless such subsequent request	5618
contains the statement that an earlier request had been sent to	5619
the ~~director~~board prior to the thirtieth day before the election	5620
and that the uniformed services or overseas absent voter's ballots	5621
so requested had not been received by such person prior to the	5622
fifteenth day before the election, and provided that the ~~director~~	5623
board has not received an identification envelope purporting to	5624
contain marked uniformed services or overseas absent voter's	5625
ballots from such person.	5626

Sec. 3511.09. Upon receiving uniformed services or overseas	5627
absent voter's ballots, the elector shall cause the questions on	5628
the face of the identification envelope to be answered, and, by	5629
writing the elector's usual signature in the proper place on the	5630
identification envelope, the elector shall declare under penalty	5631
of election falsification that the answers to those questions are	5632
true and correct to the best of the elector's knowledge and	5633
belief. Then, the elector shall note whether there are any voting	5634
marks on the ballot. If there are any voting marks, the ballot	5635
shall be returned immediately to the board of elections;	5636
otherwise, the elector shall cause the ballot to be marked, folded	5637
separately so as to conceal the markings on it, deposited in the	5638
identification envelope, and securely sealed in the identification	5639
envelope. The elector then shall cause the identification envelope	5640
to be placed within the return envelope, sealed in the return	5641
envelope, and mailed to ~~the director of~~ the board of elections to	5642
whom it is addressed, postage prepaid. If the elector does not	5643
provide the elector's driver's license number or the last four	5644
digits of the elector's social security number on the statement of	5645
voter on the identification envelope, the elector also shall	5646
include in the return envelope with the identification envelope a	5647
copy of the elector's current valid photo identification, a copy	5648
of a military identification, or a copy of a current utility bill,	5649
bank statement, government check, paycheck, or other government	5650
document, other than ~~a notice of an election mailed by a board of~~	5651
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5652
voter registration mailed by a board of elections under section	5653
3503.19 of the Revised Code, that shows the name and address of	5654
the elector. Each elector who will be outside the United States on	5655
the day of the election shall check the box on the return envelope	5656
indicating this fact and shall mail the return envelope to the	5657
~~director~~board prior to the close of the polls on election day.	5658

Every uniformed services or overseas absent voter's ballot	5659
identification envelope shall be accompanied by the following	5660
statement in boldface capital letters: WHOEVER COMMITS ELECTION	5661
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5662

Sec. 3511.10. If, ~~after the thirty-fifth day and~~during the	5663
time that absent voter's ballots may be cast in person before ~~the~~	5664
~~close of the polls on the day of~~ ~~a general or primary~~an election,	5665
a valid application for uniformed services or overseas absent	5666
voter's ballots is delivered to ~~the director of~~ the office of the	5667
board of elections ~~at the office of the board~~ by a person making	5668
the application on the person's own behalf, the ~~director~~board	5669
shall forthwith deliver to the person all uniformed services or	5670
overseas absent voter's ballots then ready for use, together with	5671
an identification envelope. The person shall then immediately	5672
retire to a voting booth in the office of the board, and mark the	5673
ballots. The person shall then fold each ballot separately so as	5674
to conceal the person's markings thereon, and deposit all of the	5675
ballots in the identification envelope and securely seal it.	5676
Thereupon the person shall fill in answers to the questions on the	5677
face of the identification envelope, and by writing the person's	5678
usual signature in the proper place thereon, the person shall	5679
declare under penalty of election falsification that the answers	5680
to those questions are true and correct to the best of that	5681
person's knowledge and belief. The person shall then deliver the	5682
identification envelope to the ~~director~~board. If thereafter, and	5683
before the third day preceding such election, the board provides	5684
additional separate official issue or special election ballots, as	5685
provided for in section 3511.04 of the Revised Code, the ~~director~~	5686
board shall promptly, and not later than twelve noon of the third	5687
day preceding the day of election, mail such additional ballots to	5688
such person at the address specified by that person for that	5689
purpose.	5690

In the event any person serving in the armed forces of the	5691
United States is discharged after the closing date of	5692
registration, and that person or that person's spouse, or both,	5693
meets all the other qualifications set forth in section 3511.01 of	5694
the Revised Code, the person or spouse shall be permitted to vote	5695
prior to the date of the election in the office of the board in	5696
the person's or spouse's county, as set forth in this section.	5697

Sec. 3511.11. (A) Upon receipt of any return envelope	5698
bearing the designation "Official Election Uniformed Services or	5699
Overseas Absent Voter's Ballot" prior to the eleventh day after	5700
the day of any election, ~~the director of~~ the board of elections	5701
shall open it but shall not open the identification envelope	5702
contained in it. If, upon so opening the return envelope, the	5703
~~director~~board finds ballots in it that are not enclosed in and	5704
properly sealed in the identification envelope, the ~~director~~board	5705
shall not look at the markings upon the ballots and shall promptly	5706
place them in the identification envelope and promptly seal it.	5707
If, upon so opening the return envelope, the ~~director~~board finds	5708
that ballots are enclosed in the identification envelope but that	5709
it is not properly sealed, the ~~director~~board shall not look at	5710
the markings upon the ballots and shall promptly seal the	5711
identification envelope.	5712

(B) Uniformed services or overseas absent voter's ballots	5713
delivered to the ~~director~~board not later than the close of the	5714
polls on election day shall be counted in the manner provided in	5715
section 3509.06 of the Revised Code.	5716

(C) A return envelope that indicates that the voter will be	5717
outside of the United States on the day of an election is not	5718
required to be postmarked in order for a uniformed services or	5719
overseas absent voter's ballot contained in it to be valid. Except	5720
as otherwise provided in this division, whether or not the return	5721
envelope containing the ballot is postmarked or contains an	5722
illegible postmark, a uniformed services or overseas absent	5723
voter's ballot that is received after the close of the polls on	5724
election day through the tenth day after the election day and that	5725
is delivered in a return envelope that indicates that the voter	5726
will be outside the United States on the day of the election shall	5727
be counted on the eleventh day after the election day at the	5728
office of the board of elections in the manner provided in	5729
divisions (C) and (D) of section 3509.06 of the Revised Code.	5730
However, if a return envelope containing a uniformed services or	5731
overseas absent voter's ballot is so received and so indicates,	5732
but it is postmarked, or the identification envelope in it is	5733
signed, after the close of the polls on election day, the	5734
uniformed services or overseas absent voter's ballot shall not be	5735
counted.	5736

(D)(1) Except as otherwise provided in division (D)(2) of	5737
this section, any return envelope containing a uniformed services	5738
or overseas absent voter's ballot that is postmarked within the	5739
United States prior to the day of the election shall be delivered	5740
to the ~~director~~board prior to the eleventh day after the	5741
election. Uniformed services or overseas absent voter's ballots	5742
delivered in envelopes postmarked prior to the day of the election	5743
that are received after the close of the polls on election day	5744
through the tenth day thereafter shall be counted on the eleventh	5745
day at the board of elections in the manner provided in divisions	5746
(C) and (D) of section 3509.06 of the Revised Code. Any such	5747
ballots that are received by the ~~director~~board later than the	5748
tenth day following the election shall not be counted, but shall	5749
be kept by the board in the sealed identification envelopes as	5750
provided in division (A) of this section.	5751

(2) Division (D)(1) of this section shall not apply to any	5752
mail that is postmarked using a postage evidencing system,	5753
including a postage meter, as defined in 39 C.F.R. 501.1.	5754

(E) The following types of uniformed services or overseas	5755
absent voter's ballots shall not be counted:	5756

(1) Uniformed services or overseas absent voter's ballots	5757
contained in return envelopes that bear the designation "Official	5758
Election Uniformed Services or Overseas Absent Voter's Ballots,"	5759
that are received by the ~~director~~board after the close of the	5760
polls on the day of the election, and that either are postmarked,	5761
or contain an identification envelope that is signed, on or after	5762
election day;	5763

(2) Uniformed services or overseas absent voter's ballots	5764
contained in return envelopes that bear that designation, that do	5765
not indicate they are from voters who will be outside the United	5766
States on the day of the election, and that are received after the	5767
tenth day following the election;	5768

(3) Uniformed services or overseas absent voter's ballots	5769
contained in return envelopes that bear that designation, that are	5770
received by the ~~director~~board within ten days after the day of	5771
the election, and that were postmarked before the day of the	5772
election using a postage evidencing system, including a postage	5773
meter, as defined in 39 C.F.R. 501.1.	5774

The uncounted ballots shall be preserved in their	5775
identification envelopes unopened until the time provided by	5776
section 3505.31 of the Revised Code for the destruction of all	5777
other ballots used at the election for which ballots were	5778
provided, at which time they shall be destroyed.	5779

Sec. 3511.13. (A) The poll list or signature pollbook for	5780
each precinct shall identify each registered elector in that	5781
precinct who has requested a uniformed services or overseas absent	5782
voter's ballot for that election.	5783

(B)(1) If a registered elector appears to vote in that	5784
precinct and that elector has requested a uniformed services or	5785
overseas absent voter's ballot for that election but the ~~director~~	5786
board of elections has not received a sealed identification	5787
envelope purporting to contain that elector's voted uniformed	5788
services or overseas absent voter's ballots for that election, the	5789
elector shall be permitted to cast a provisional ballot under	5790
section 3505.181 of the Revised Code in that precinct on the day	5791
of that election.	5792

(2) If a registered elector appears to vote in that precinct	5793
and that elector has requested a uniformed services or overseas	5794
absent voter's ballot for that election and the ~~director~~board has	5795
received a sealed identification envelope purporting to contain	5796
that elector's voted uniformed services or overseas absent voter's	5797
ballots for that election, the elector shall be permitted to cast	5798
a provisional ballot under section 3505.181 of the Revised Code in	5799
that precinct on the day of that election.	5800

(C)(1) In counting uniformed services or overseas absent	5801
voter's ballots under section 3511.11 of the Revised Code, the	5802
board of elections shall compare the signature of each elector	5803
from whom the ~~director~~board has received a sealed identification	5804
envelope purporting to contain that elector's voted uniformed	5805
services or overseas absent voter's ballots for that election to	5806
the signature on the elector's registration form. Except as	5807
otherwise provided in division (C)(3) of this section, if the	5808
board of elections determines that the uniformed services or	5809
overseas absent voter's ballot in the sealed identification	5810
envelope is valid, it shall be counted. If the board of elections	5811
determines that the signature on the sealed identification	5812
envelope purporting to contain the elector's voted uniformed	5813
services or overseas absent voter's ballot does not match the	5814
signature on the elector's registration form, the ballot shall be	5815
set aside and the board shall examine, during the time prior to	5816
the beginning of the official canvass, the poll list or signature	5817
pollbook from the precinct in which the elector is registered to	5818
vote to determine if the elector also cast a provisional ballot	5819
under section 3505.181 of the Revised Code in that precinct on the	5820
day of the election.	5821

(2) The board of elections shall count the provisional	5822
ballot, instead of the uniformed services or overseas absent	5823
voter's ballot, of an elector from whom the ~~director~~board has	5824
received an identification envelope purporting to contain that	5825
elector's voted uniformed services or overseas absent voter's	5826
ballots, if both of the following apply:	5827

(a) The board of elections determines that the signature of	5828
the elector on the outside of the identification envelope in which	5829
the uniformed services or overseas absent voter's ballots are	5830
enclosed does not match the signature of the elector on the	5831
elector's registration form;	5832

(b) The elector cast a provisional ballot in the precinct on	5833
the day of the election.	5834

(3) If the board of elections does not receive the sealed	5835
identification envelope purporting to contain the elector's voted	5836
uniformed services or overseas absent voter's ballot by the	5837
applicable deadline established under section 3511.11 of the	5838
Revised Code, the provisional ballot cast under section 3505.181	5839
of the Revised Code in that precinct on the day of the election	5840
shall be counted as valid, if that provisional ballot is otherwise	5841
determined to be valid pursuant to section 3505.183 of the Revised	5842
Code.	5843

(D) If the board of elections counts a provisional ballot	5844
under division (C)(2) or (3) of this section, the returned	5845
identification envelope of that elector shall not be opened, and	5846
the ballot within that envelope shall not be counted. The	5847
identification envelope shall be endorsed "Not Counted" with the	5848
reason the ballot was not counted.	5849

Sec. 3511.14. A board of elections shall accept and process	5850
federal write-in ballots for all federal, state, and local	5851
elections conducted in any year as required under "The Uniformed	5852
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	5853
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	5854

Sec. 3513.02. If, in any odd-numbered year, no ~~valid~~	5855
~~declaration of candidacy is filed~~candidate is certified to appear	5856
on the ballot for nomination as a candidate of a political party	5857
for election to any of the offices to be voted for at the general	5858
election to be held in such year, or if the number of persons	5859
~~filing such declarations of candidacy~~certified as candidates to	5860
appear on the ballot for ~~nominations~~nomination as candidates of	5861
one political party for election to such offices does not exceed,	5862
as to any such office, the number of candidates which such	5863
political party is entitled to nominate as its candidates for	5864
election to such office, then no primary election shall be held	5865
for the purpose of nominating party candidates of such party for	5866
election to offices to be voted for at such general election and	5867
no primary ballots shall be provided for such party. If, however,	5868
the only office for which there are more ~~valid declarations of~~	5869
~~candidacy filed~~candidates certified to appear on the ballot than	5870
the number to be nominated by a political party, is the office of	5871
councilperson in a ward, a primary election shall be held for such	5872
party only in the ward or wards in which there is a contest, and	5873
only the names of the candidates for the office of councilperson	5874
in such ward shall appear on the primary ballot of such political	5875
party.	5876

The election officials whose duty it would have been to	5877
provide for and conduct the holding of such primary election,	5878
declare the results thereof, and issue certificates of nomination	5879
to the persons entitled thereto if such primary election had been	5880
held shall declare each of such persons to be nominated as of the	5881
date of the ninetieth day before the primary election, issue	5882
appropriate certificates of nomination to each of them, and	5883
certify their names to the proper election officials, in order	5884
that their names may be printed on the official ballots provided	5885
for use in the succeeding general election in the same manner as	5886
though such primary election had been held and such persons had	5887
been nominated at such election.	5888

Sec. 3513.12. At a presidential primary election, ~~which~~	5889
~~shall be held on the first Tuesday after the first Monday in March~~	5890
~~in the year 2000, and similarly in every fourth year thereafter,~~	5891
delegates and alternates to the national conventions of the	5892
different major political parties shall be chosen by direct vote	5893
of the electors as provided in this chapter. Candidates for	5894
delegate and alternate shall be qualified and the election shall	5895
be conducted in the manner prescribed in this chapter for the	5896
nomination of candidates for state and district offices, except as	5897
provided in section 3513.151 of the Revised Code and except that	5898
whenever any group of candidates for delegate at large or	5899
alternate at large, or any group of candidates for delegates or	5900
alternates from districts, file with the secretary of state	5901
statements as provided by this section, designating the same	5902
persons as their first and second choices for president of the	5903
United States, such a group of candidates may submit a group	5904
petition containing a declaration of candidacy for each of such	5905
candidates. The group petition need be signed only by the number	5906
of electors required for the petition of a single candidate. No	5907
group petition shall be submitted except by a group of candidates	5908
equal in number to the whole number of delegates at large or	5909
alternates at large to be elected or equal in number to the whole	5910
number of delegates or alternates from a district to be elected.	5911

Each person seeking to be elected as delegate or alternate to	5912
the national convention of the person's political party shall file	5913
with the person's declaration of candidacy and certificate a	5914
statement in writing signed by the person in which the person	5915
shall state the person's first and second choices for nomination	5916
as the candidate of the person's party for the presidency of the	5917
United States. The secretary of state shall not permit any	5918
declaration of candidacy and certificate of a candidate for	5919
election as such delegate or alternate to be filed unless	5920
accompanied by such statement in writing. The name of a candidate	5921
for the presidency shall not be so used without the candidate's	5922
written consent.	5923

A person who is a first choice for president of candidates	5924
seeking election as delegates and alternates shall file with the	5925
secretary of state, prior to the day of the election, a list	5926
indicating the order in which certificates of election are to be	5927
issued to delegate or alternate candidates to whose candidacy the	5928
person has consented, if fewer than all of such candidates are	5929
entitled under party rules to be certified as elected. Each	5930
candidate for election as such delegate or alternate may also file	5931
along with the candidate's declaration of candidacy and	5932
certificate a statement in writing signed by the candidate in the	5933
following form:	5934

"Statement of Candidate	5935

For Election as ............ (Delegate) (Alternate) to the	5936

............ (name of political party) National Convention	5937

I hereby declare to the voters of my political party in the	5938
State of Ohio that, if elected as ............ (delegate)	5939
(alternate) to their national party convention, I shall, to the	5940
best of my judgment and ability, support that candidate for	5941
President of the United States who shall have been selected at	5942
this primary by the voters of my party in the manner provided in	5943
Chapter 3513. of the Ohio Revised Code, as their candidate for	5944
such office.	5945

	........................... (name,),		5946
	Candidate for .............		5947
	(Delegate) (Alternate)"		5948

The procedures for the selection of candidates for delegate	5949
and alternate to the national convention of a political party set	5950
forth in this section and in section 3513.121 of the Revised Code	5951
are alternative procedures, and if the procedures of this section	5952
are followed, the procedures of section 3513.121 of the Revised	5953
Code need not be followed.	5954

Sec. 3513.131. In the event two or more persons with	5955
identical surnames run for the same office in a primary election	5956
on the same ballot, the names of the candidates shall be	5957
differentiated on the ballot by varying combinations of first and	5958
middle names and initials. Within twenty-four hours after the	5959
final date for filing declarations of candidacy or petitions for	5960
candidacy, the director of the board of elections for local,	5961
municipal, county, general, or special elections, or the director	5962
of the board of elections of the most populous county for	5963
district, general, or special elections, or the secretary of state	5964
for state-wide general and special elections shall notify the	5965
persons with identical given names and surnames that the names of	5966
such persons will be differentiated on the ballot. If one of the	5967
candidates is an incumbent who is a candidate to succeed ~~himself~~	5968
self for the office hethe incumbent occupies, hethe incumbent	5969
shall have first choice of the name by which hethe incumbent is	5970
designated on the ballot. If an incumbent does not make a choice	5971
within two days after notification or if none of the candidates is	5972
an incumbent, the board of elections within three days after	5973
notification shall designate the names by which the candidates are	5974
identified on the ballot. In case of a district candidate the	5975
board of elections in the most populous county shall make the	5976
determination. In case of state-wide candidates, or in the case	5977
any board of elections fails to make a designation within three	5978
days after notification, the secretary of state shall immediately	5979
make the determination.	5980

"Notification" as required by this section shall be by the	5981
director of the board of elections or secretary of state by	5982
~~special delivery or telegram~~certified mail at the candidate's	5983
address listed in ~~his~~the candidate's declaration or petition of	5984
candidacy.	5985

Sec. 3513.18. Party primaries shall be held at the same	5986
place and time, but there shall be separate pollbooks,and tally	5987
sheets~~, and ballot boxes~~ provided at each polling place for each	5988
party participating in the election~~, and the ballot of each voter~~	5989
~~shall be placed in the ballot box of the party with which he is~~	5990
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	5991
~~of the political party whose ballots are to be placed therein, by~~	5992
~~letters pasted or printed thereon or by a card attached thereto,~~	5993
~~or both, and so placed that the designation may be easily seen and~~	5994
~~read by the voter.~~	5995

If a special election on a question or issue is held on the	5996
day of a primary election, there shall be provided in the	5997
pollbooks pages on which shall be recorded the names of all	5998
electors voting on said question or issue and not voting in such	5999
primary. It shall not be necessary for electors desiring to vote	6000
only on the question or issue to declare their political	6001
affiliation.	6002

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	6003
precinct election official, whenever any ~~judge of elections~~such	6004
official doubts that a person attempting to vote at a primary	6005
election is legally entitled to vote at that election, to	6006
challenge the right of that person to vote. The right of a person	6007
to vote at a primary election may be challenged upon the following	6008
grounds:	6009

(1) That the person whose right to vote is challenged is not	6010
a legally qualified elector;	6011

(2) That the person has received or has been promised some	6012
valuable reward or consideration for the person's vote;	6013

(3) That the person is not affiliated with or is not a member	6014
of the political party whose ballot the person desires to vote.	6015
Such party affiliation shall be determined by examining the	6016
elector's voting record for the current year and the immediately	6017
preceding two calendar years as shown on the voter's registration	6018
card, using the standards of affiliation specified in the seventh	6019
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	6020
of this section and the seventh paragraph of section 3513.05 of	6021
the Revised Code do not prohibit a person who holds an elective	6022
office for which candidates are nominated at a party primary	6023
election from doing any of the following:	6024

(a) If the person voted as a member of a different political	6025
party at any primary election within the current year and the	6026
immediately preceding two calendar years, being a candidate for	6027
nomination at a party primary held during the times specified in	6028
division (C)(2) of section 3513.191 of the Revised Code provided	6029
that the person complies with the requirements of that section;	6030

(b) Circulating the person's own petition of candidacy for	6031
party nomination in the primary election.	6032

(B) When the right of a person to vote is challenged upon the	6033
ground set forth in division (A)(3) of this section, membership in	6034
or political affiliation with a political party shall be	6035
determined by the person's statement, made under penalty of	6036
election falsification, that the person desires to be affiliated	6037
with and supports the principles of the political party whose	6038
primary ballot the person desires to vote.	6039

Sec. 3513.21. At the close of the polls in a primary	6040
election, the ~~judges of~~precinct election officials shall proceed	6041
without delay to canvass the vote, sign and seal it, and make	6042
returns thereof to the board of elections forthwith on the forms	6043
to be provided by the board. The provisions of Title XXXV of the	6044
Revised Code relating to the accounting for and return of all	6045
ballots at general elections apply to primary ballots.	6046

If there is any disagreement as to how a ballot should be	6047
counted it shall be submitted to all of the ~~judges~~precinct	6048
election officials. If three of the ~~judges~~precinct election	6049
officials do not agree as to how any part of the ballot shall be	6050
counted, that part of such ballot which three of the ~~judges~~	6051
officials do agree shall be counted and a notation made upon the	6052
ballot indicating what part has not been counted, and shall be	6053
placed in an envelope provided for that purpose, marked "Disputed	6054
Ballots" and returned to the board.	6055

The board shall, on the day when the vote is canvassed, open	6056
such sealed envelopes, determine what ballots and for whom they	6057
should be counted, and proceed to count and tally the votes on	6058
such ballots.	6059

Sec. 3513.262. The nominating petitions of all candidates	6060
required to be filed before four p.m. of the day before the day of	6061
the primary election immediately preceding the general election	6062
shall be processed as follows:	6063

If such petition is filed with the secretary of state, hethe	6064
secretary of state shall, not later than the fifteenth day of June	6065
following the filing of such petition, ~~or if the primary election~~	6066
~~was a presidential primary election, not later than the end of the~~	6067
~~sixth week after the day of that election,~~ transmit to each board	6068
such separate petition papers as purport to contain signatures of	6069
electors of the county of such board. If such petition is filed	6070
with the board of the most populous county of a district or of a	6071
county in which the major portion of the population of a	6072
subdivision is located, such board shall, not later than the	6073
fifteenth day of June, ~~or if the primary election was a~~	6074
~~presidential primary election, not later than the end of the sixth~~	6075
~~week after the day of that election,~~ transmit to each board within	6076
such district such separate petition papers of the petition as	6077
purport to contain signatures of electors of the county of such	6078
board.	6079

All petition papers so transmitted to a board and all	6080
nominating petitions filed with a board shall, under proper	6081
regulations, be open to public inspection from the fifteenth day	6082
of June until four p.m. of the thirtieth day of that month~~, or if~~	6083
~~the primary election was a presidential primary election, from the~~	6084
~~end of the sixth week after the election until four p.m. of the~~	6085
~~end of the seventh week after the election~~. Each board shall, not	6086
later than the next fifteenth day of July, ~~or if the primary~~	6087
~~election was a presidential primary election, not later than the~~	6088
~~end of the tenth week after the day of that election,~~ examine and	6089
determine the sufficiency of the signatures on the petition papers	6090
transmitted to or filed with it, and the validity of the petitions	6091
filed with it, and shall return to the secretary of state all	6092
petition papers transmitted to it by ~~him~~the secretary of state,	6093
together with its certification of its determination as to the	6094
validity or invalidity of signatures thereon, and shall return to	6095
each other board all petition papers transmitted to it by such	6096
other board, as provided in this section, together with its	6097
certification of its determination as to the validity or	6098
invalidity of signatures thereon. All other matters affecting the	6099
validity or invalidity of such petition papers shall be determined	6100
by the secretary of state or the board with whom such petition	6101
papers were filed.	6102

Written protests against nominating petitions may be filed by	6103
any qualified elector eligible to vote for the candidate whose	6104
nominating petition hethe elector objects to, not later than four	6105
p.m. of the thirtieth day of July~~, or if the primary election was~~	6106
~~a presidential primary election, not later than the end of the~~	6107
~~twelfth week after the day of that election~~. Such protests shall	6108
be filed with the election officials with whom the nominating	6109
petition was filed. Upon the filing of such protest, the election	6110
officials with whom it is filed shall promptly fix the time and	6111
place for hearing it, and shall forthwith mail notice of the	6112
filing of such protest and the time and place for hearing it to	6113
the person whose nomination is protested. They shall also	6114
forthwith mail notice of the time and place fixed for the hearing	6115
to the person who filed the protest. At the time fixed, such	6116
election officials shall hear the protest and determine the	6117
validity or invalidity of the petition. Such determination shall	6118
be final.	6119

A protest against the nominating petition filed by joint	6120
candidates for the offices of governor and lieutenant governor	6121
shall be filed, heard, and determined in the same manner as a	6122
protest against the nominating petition of a candidate who files	6123
~~by himself~~individually.	6124

Sec. 3513.30. (A)(1) If only one valid declaration of	6125
candidacy is filed for nomination as a candidate of a political	6126
party for an office and that candidate dies prior to the tenth day	6127
before the primary election, both of the following may occur:	6128

(a) The political party whose candidate died may fill the	6129
vacancy so created as provided in division (A)(2) of this section.	6130

(b) Any major political party other than the one whose	6131
candidate died may select a candidate as provided in division	6132
(A)(2) of this section under either of the following	6133
circumstances:	6134

(i) No person has filed a valid declaration of candidacy for	6135
nomination as that party's candidate at the primary election.	6136

(ii) Only one person has filed a valid declaration of	6137
candidacy for nomination as that party's candidate at the primary	6138
election, that person has withdrawn, died, or been disqualified	6139
under section 3513.052 of the Revised Code, and the vacancy so	6140
created has not been filled.	6141

(2) A vacancy may be filled under division (A)(1)(a) and a	6142
selection may be made under division (A)(1)(b) of this section by	6143
the appropriate committee of the political party in the same	6144
manner as provided in divisions (A) to (E) of section 3513.31 of	6145
the Revised Code for the filling of similar vacancies created by	6146
withdrawals or disqualifications under section 3513.052 of the	6147
Revised Code after the primary election, except that the	6148
certification required under that section may not be filed with	6149
the secretary of state, or with a board of the most populous	6150
county of a district, or with the board of a county in which the	6151
major portion of the population of a subdivision is located, later	6152
than four p.m. of the tenth day before the day of such primary	6153
election, or with any other board later than four p.m. of the	6154
fifth day before the day of such primary election.	6155

(3) If only one valid declaration of candidacy is filed for	6156
nomination as a candidate of a political party for an office and	6157
that candidate dies on or after the tenth day before the day of	6158
the primary election, that candidate is considered to have	6159
received the nomination of that candidate's political party at	6160
that primary election, and, for purposes of filling the vacancy so	6161
created, that candidate's death shall be treated as if that	6162
candidate died on the day after the day of the primary election.	6163

(B) Any person filing a declaration of candidacy may withdraw	6164
as such candidate at any time prior to the primary election. The	6165
withdrawal shall be effected and the statement of withdrawal shall	6166
be filed in accordance with the procedures prescribed in division	6167
(D) of this section for the withdrawal of persons nominated in a	6168
primary election or by nominating petition.	6169

(C) A person who is named the first choice for president of	6170
the United States by a candidate for delegate or alternate to a	6171
national convention of a political party may withdraw consent for	6172
the selection of the person as such first choice no later than	6173
four p.m. of the fortieth day before the day of the presidential	6174
primary election. Withdrawal of consent shall be for the entire	6175
slate of candidates for delegates and alternates who named such	6176
person as their presidential first choice and shall constitute	6177
withdrawal from the primary election by such delegates and	6178
alternates. The withdrawal shall be made in writing and delivered	6179
to the secretary of state. If the withdrawal is delivered to the	6180
secretary of state on or before the seventieth day before the day	6181
of the primary election, the boards of elections shall remove both	6182
the name of the withdrawn first choice and the names of such	6183
withdrawn candidates from the ballots according to the directions	6184
of the secretary of state. If the withdrawal is delivered to the	6185
secretary of state after the seventieth day before the day of the	6186
primary election, the board of elections shall not remove the name	6187
of the withdrawn first choice and the names of the withdrawn	6188
candidates from the ballots. The board of elections shall post a	6189
notice at each polling location on the day of the primary	6190
election, and shall enclose with each absent voter's ballot given	6191
or mailed after the candidate withdraws, a notice that votes for	6192
the withdrawn first choice or the withdrawn candidates will be	6193
void and will not be counted. If such names are not removed from	6194
all ballots before the day of the election, the votes for the	6195
withdrawn first choice or the withdrawn candidates are void and	6196
shall not be counted.	6197

(D) Any person nominated in a primary election or by	6198
nominating petition as a candidate for election at the next	6199
general election may withdraw as such candidate at any time prior	6200
to the general election. Such withdrawal may be effected by the	6201
filing of a written statement by such candidate announcing the	6202
candidate's withdrawal and requesting that the candidate's name	6203
not be printed on the ballots. If such candidate's declaration of	6204
candidacy or nominating petition was filed with the secretary of	6205
state, the candidate's statement of withdrawal shall be addressed	6206
to and filed with the secretary of state. If such candidate's	6207
declaration of candidacy or nominating petition was filed with a	6208
board of elections, the candidate's statement of withdrawal shall	6209
be addressed to and filed with such board.	6210

(E) When a person withdraws under division (B) or (D) of this	6211
section on or before the seventieth day before the day of the	6212
~~primary~~ election at which the person's candidacy is to appear on	6213
the ballot, the board of elections shall remove the name of the	6214
withdrawn candidate from the ballots according to the directions	6215
of the secretary of state. When a person withdraws under division	6216
(B) or (D) of this section after the seventieth day before the day	6217
of the ~~primary~~ election at which the person's candidacy is to	6218
appear on the ballot, the board of elections shall not remove the	6219
name of the withdrawn candidate from the ballots. The board of	6220
elections shall post a notice at each polling place on the day of	6221
the ~~primary~~ election, and shall enclose with each absent voter's	6222
ballot given or mailed after the candidate withdraws, a notice	6223
that votes for the withdrawn candidate will be void and will not	6224
be counted. If the name is not removed from all ballots before the	6225
day of the election, the votes for the withdrawn candidate are	6226
void and shall not be counted.	6227

Sec. 3515.04. At the time and place fixed for making a	6228
recount, the board of elections, in the presence of all observers	6229
who may be in attendance, shall open the sealed containers	6230
containing the ballots to be recounted, and shall recount them. If	6231
~~a county used punch card ballots and if a chad is attached to a~~	6232
~~punch card ballot by three or four corners, the voter shall be~~	6233
~~deemed by the board not to have recorded a candidate, question, or~~	6234
~~issue choice at the particular position on the ballot, and a vote~~	6235
~~shall not be counted at that particular position on the ballot in~~	6236
~~the recount.~~ Ballots shall be handled only by the members of the	6237
board or by the director or other employees of the board.	6238
Observers shall be permitted to see the ballots, but they shall	6239
not be permitted to touch them, and the board shall not permit the	6240
counting or tabulation of votes shown on the ballots for any	6241
nomination, or for election to any office or position, or upon any	6242
question or issue, other than the votes shown on such ballots for	6243
the nomination, election, question, or issue concerning which a	6244
recount of ballots was applied for.	6245

At any time before the ballots from all of the precincts	6246
listed in an application for the recount or involved in a recount	6247
pursuant to section 3515.011 of the Revised Code have been	6248
recounted, the applicant or declared losing candidate or nominee	6249
or each of the declared losing candidates or nominees entitled to	6250
file a request prior to the commencement of a recount, as provided	6251
in section 3515.03 of the Revised Code, may file with the board a	6252
written request to stop the recount and not recount the ballots	6253
from the precincts so listed that have not been recounted prior to	6254
the time of the request. If, upon the request, the board finds	6255
that results of the votes in the precincts recounted, if	6256
substituted for the results of the votes in those precincts as	6257
shown in the abstract of the votes in those precincts, would not	6258
cause the applicant, if a person for whom votes were cast for	6259
nomination or election, to be declared nominated or elected or if	6260
an election upon a question or issue would not cause a result	6261
contrary to the result as declared prior to such recount, it shall	6262
grant the request and shall not recount the ballots of the	6263
precincts listed in the application for recount that have not been	6264
recounted prior to that time. If the board finds otherwise, it	6265
shall deny the request and shall continue to recount ballots until	6266
the ballots from all of the precincts listed in the application	6267
for recount have been recounted; provided that, if the request is	6268
denied, it may be renewed from time to time. Upon any such	6269
renewal, the board shall consider and act upon the request in the	6270
same manner as provided in this section in connection with an	6271
original request.	6272

~~As used in this section, "chad" and "punch card ballot" have~~	6273
~~the same meanings as in section 3506.16 of the Revised Code.~~	6274

Sec. 3517.01. (A)(1) A political party within the meaning of	6275
Title XXXV of the Revised Code is any group of voters that, at the	6276
most recent regular state election, polled for its candidate for	6277
governor in the state or nominees for presidential electors at	6278
least five per cent of the entire vote cast for that office or	6279
that filed with the secretary of state, subsequent to any election	6280
in which it received less than five per cent of that vote, a	6281
petition signed by qualified electors equal in number to at least	6282
one per cent of the total vote for governor or nominees for	6283
presidential electors at the most recent election, declaring their	6284
intention of organizing a political party, the name of which shall	6285
be stated in the declaration, and of participating in the	6286
succeeding primary election, held in even-numbered years, that	6287
occurs more than ~~one hundred twenty~~ninety days after the date of	6288
filing. No such group of electors shall assume a name or	6289
designation that is similar, in the opinion of the secretary of	6290
state, to that of an existing political party as to confuse or	6291
mislead the voters at an election. If any political party fails to	6292
cast five per cent of the total vote cast at an election for the	6293
office of governor or president, it shall cease to be a political	6294
party.	6295

(2) A campaign committee shall be legally liable for any	6296
debts, contracts, or expenditures incurred or executed in its	6297
name.	6298

(B) Notwithstanding the definitions found in section 3501.01	6299
of the Revised Code, as used in this section and sections 3517.08	6300
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	6301

(1) "Campaign committee" means a candidate or a combination	6302
of two or more persons authorized by a candidate under section	6303
3517.081 of the Revised Code to receive contributions and make	6304
expenditures.	6305

(2) "Campaign treasurer" means an individual appointed by a	6306
candidate under section 3517.081 of the Revised Code.	6307

(3) "Candidate" has the same meaning as in division (H) of	6308
section 3501.01 of the Revised Code and also includes any person	6309
who, at any time before or after an election, receives	6310
contributions or makes expenditures or other use of contributions,	6311
has given consent for another to receive contributions or make	6312
expenditures or other use of contributions, or appoints a campaign	6313
treasurer, for the purpose of bringing about the person's	6314
nomination or election to public office. When two persons jointly	6315
seek the offices of governor and lieutenant governor, "candidate"	6316
means the pair of candidates jointly. "Candidate" does not include	6317
candidates for election to the offices of member of a county or	6318
state central committee, presidential elector, and delegate to a	6319
national convention or conference of a political party.	6320

(4) "Continuing association" means an association, other than	6321
a campaign committee, political party, legislative campaign fund,	6322
political contributing entity, or labor organization, that is	6323
intended to be a permanent organization that has a primary purpose	6324
other than supporting or opposing specific candidates, political	6325
parties, or ballot issues, and that functions on a regular basis	6326
throughout the year. "Continuing association" includes	6327
organizations that are determined to be not organized for profit	6328
under subsection 501 and that are described in subsection	6329
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	6330

(5) "Contribution" means a loan, gift, deposit, forgiveness	6331
of indebtedness, donation, advance, payment, or transfer of funds	6332
or anything of value, including a transfer of funds from an inter	6333
vivos or testamentary trust or decedent's estate, and the payment	6334
by any person other than the person to whom the services are	6335
rendered for the personal services of another person, which	6336
contribution is made, received, or used for the purpose of	6337
influencing the results of an election. Any loan, gift, deposit,	6338
forgiveness of indebtedness, donation, advance, payment, or	6339
transfer of funds or of anything of value, including a transfer of	6340
funds from an inter vivos or testamentary trust or decedent's	6341
estate, and the payment by any campaign committee, political	6342
action committee, legislative campaign fund, political party,	6343
political contributing entity, or person other than the person to	6344
whom the services are rendered for the personal services of	6345
another person, that is made, received, or used by a state or	6346
county political party, other than moneys a state or county	6347
political party receives from the Ohio political party fund	6348
pursuant to section 3517.17 of the Revised Code and the moneys a	6349
state or county political party may receive under sections	6350
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	6351
considered to be a "contribution" for the purpose of section	6352
3517.10 of the Revised Code and shall be included on a statement	6353
of contributions filed under that section.	6354

"Contribution" does not include any of the following:

6355

(a) Services provided without compensation by individuals	6356
volunteering a portion or all of their time on behalf of a person;	6357

(b) Ordinary home hospitality;

6358

(c) The personal expenses of a volunteer paid for by that	6359
volunteer campaign worker;	6360

(d) Any gift given to a state or county political party	6361
pursuant to section 3517.101 of the Revised Code. As used in	6362
division (B)(5)(d) of this section, "political party" means only a	6363
major political party;	6364

(e) Any contribution as defined in section 3517.1011 of the	6365
Revised Code that is made, received, or used to pay the direct	6366
costs of producing or airing an electioneering communication;	6367

(f) Any gift given to a state or county political party for	6368
the party's restricted fund under division (A)(2) of section	6369
3517.1012 of the Revised Code;	6370

(g) Any gift given to a state political party for deposit in	6371
a Levin account pursuant to section 3517.1013 of the Revised Code.	6372
As used in this division, "Levin account" has the same meaning as	6373
in that section.	6374

(h) Any donation given to a transition fund under section	6375
3517.1014 of the Revised Code.	6376

(6) "Expenditure" means the disbursement or use of a	6377
contribution for the purpose of influencing the results of an	6378
election or of making a charitable donation under division (G) of	6379
section 3517.08 of the Revised Code. Any disbursement or use of a	6380
contribution by a state or county political party is an	6381
expenditure and shall be considered either to be made for the	6382
purpose of influencing the results of an election or to be made as	6383
a charitable donation under division (G) of section 3517.08 of the	6384
Revised Code and shall be reported on a statement of expenditures	6385
filed under section 3517.10 of the Revised Code. During the thirty	6386
days preceding a primary or general election, any disbursement to	6387
pay the direct costs of producing or airing a broadcast, cable, or	6388
satellite communication that refers to a clearly identified	6389
candidate shall be considered to be made for the purpose of	6390
influencing the results of that election and shall be reported as	6391
an expenditure or as an independent expenditure under section	6392
3517.10 or 3517.105 of the Revised Code, as applicable, except	6393
that the information required to be reported regarding	6394
contributors for those expenditures or independent expenditures	6395
shall be the same as the information required to be reported under	6396
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	6397

As used in this division, "broadcast, cable, or satellite	6398
communication" and "refers to a clearly identified candidate" have	6399
the same meanings as in section 3517.1011 of the Revised Code.	6400

(7) "Personal expenses" includes, but is not limited to,	6401
ordinary expenses for accommodations, clothing, food, personal	6402
motor vehicle or airplane, and home telephone.	6403

(8) "Political action committee" means a combination of two	6404
or more persons, the primary or major purpose of which is to	6405
support or oppose any candidate, political party, or issue, or to	6406
influence the result of any election through express advocacy, and	6407
that is not a political party, a campaign committee, a political	6408
contributing entity, or a legislative campaign fund. "Political	6409
action committee" does not include either of the following:	6410

(a) A continuing association that makes disbursements for the	6411
direct costs of producing or airing electioneering communications	6412
and that does not engage in express advocacy;	6413

(b) A political club that is formed primarily for social	6414
purposes and that consists of one hundred members or less, has	6415
officers and periodic meetings, has less than two thousand five	6416
hundred dollars in its treasury at all times, and makes an	6417
aggregate total contribution of one thousand dollars or less per	6418
calendar year.	6419

(9) "Public office" means any state, county, municipal,	6420
township, or district office, except an office of a political	6421
party, that is filled by an election and the offices of United	6422
States senator and representative.	6423

(10) "Anything of value" has the same meaning as in section	6424
1.03 of the Revised Code.	6425

(11) "Beneficiary of a campaign fund" means a candidate, a	6426
public official or employee for whose benefit a campaign fund	6427
exists, and any other person who has ever been a candidate or	6428
public official or employee and for whose benefit a campaign fund	6429
exists.	6430

(12) "Campaign fund" means money or other property, including	6431
contributions.	6432

(13) "Public official or employee" has the same meaning as in	6433
section 102.01 of the Revised Code.	6434

(14) "Caucus" means all of the members of the house of	6435
representatives or all of the members of the senate of the general	6436
assembly who are members of the same political party.	6437

(15) "Legislative campaign fund" means a fund that is	6438
established as an auxiliary of a state political party and	6439
associated with one of the houses of the general assembly.	6440

(16) "In-kind contribution" means anything of value other	6441
than money that is used to influence the results of an election or	6442
is transferred to or used in support of or in opposition to a	6443
candidate, campaign committee, legislative campaign fund,	6444
political party, political action committee, or political	6445
contributing entity and that is made with the consent of, in	6446
coordination, cooperation, or consultation with, or at the request	6447
or suggestion of the benefited candidate, committee, fund, party,	6448
or entity. The financing of the dissemination, distribution, or	6449
republication, in whole or part, of any broadcast or of any	6450
written, graphic, or other form of campaign materials prepared by	6451
the candidate, the candidate's campaign committee, or their	6452
authorized agents is an in-kind contribution to the candidate and	6453
an expenditure by the candidate.	6454

(17) "Independent expenditure" means an expenditure by a	6455
person advocating the election or defeat of an identified	6456
candidate or candidates, that is not made with the consent of, in	6457
coordination, cooperation, or consultation with, or at the request	6458
or suggestion of any candidate or candidates or of the campaign	6459
committee or agent of the candidate or candidates. As used in	6460
division (B)(17) of this section:	6461

(a) "Person" means an individual, partnership, unincorporated	6462
business organization or association, political action committee,	6463
political contributing entity, separate segregated fund,	6464
association, or other organization or group of persons, but not a	6465
labor organization or a corporation unless the labor organization	6466
or corporation is a political contributing entity.	6467

(b) "Advocating" means any communication containing a message	6468
advocating election or defeat.	6469

(c) "Identified candidate" means that the name of the	6470
candidate appears, a photograph or drawing of the candidate	6471
appears, or the identity of the candidate is otherwise apparent by	6472
unambiguous reference.	6473

(d) "Made in coordination, cooperation, or consultation with,	6474
or at the request or suggestion of, any candidate or the campaign	6475
committee or agent of the candidate" means made pursuant to any	6476
arrangement, coordination, or direction by the candidate, the	6477
candidate's campaign committee, or the candidate's agent prior to	6478
the publication, distribution, display, or broadcast of the	6479
communication. An expenditure is presumed to be so made when it is	6480
any of the following:	6481

(i) Based on information about the candidate's plans,	6482
projects, or needs provided to the person making the expenditure	6483
by the candidate, or by the candidate's campaign committee or	6484
agent, with a view toward having an expenditure made;	6485

(ii) Made by or through any person who is, or has been,	6486
authorized to raise or expend funds, who is, or has been, an	6487
officer of the candidate's campaign committee, or who is, or has	6488
been, receiving any form of compensation or reimbursement from the	6489
candidate or the candidate's campaign committee or agent;	6490

(iii) Except as otherwise provided in division (D) of section	6491
3517.105 of the Revised Code, made by a political party in support	6492
of a candidate, unless the expenditure is made by a political	6493
party to conduct voter registration or voter education efforts.	6494

(e) "Agent" means any person who has actual oral or written	6495
authority, either express or implied, to make or to authorize the	6496
making of expenditures on behalf of a candidate, or means any	6497
person who has been placed in a position with the candidate's	6498
campaign committee or organization such that it would reasonably	6499
appear that in the ordinary course of campaign-related activities	6500
the person may authorize expenditures.	6501

(18) "Labor organization" means a labor union; an employee	6502
organization; a federation of labor unions, groups, locals, or	6503
other employee organizations; an auxiliary of a labor union,	6504
employee organization, or federation of labor unions, groups,	6505
locals, or other employee organizations; or any other bona fide	6506
organization in which employees participate and that exists for	6507
the purpose, in whole or in part, of dealing with employers	6508
concerning grievances, labor disputes, wages, hours, and other	6509
terms and conditions of employment.	6510

(19) "Separate segregated fund" means a separate segregated	6511
fund established pursuant to the Federal Election Campaign Act.	6512

(20) "Federal Election Campaign Act" means the "Federal	6513
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	6514
seq., as amended.	6515

(21) "Restricted fund" means the fund a state or county	6516
political party must establish under division (A)(1) of section	6517
3517.1012 of the Revised Code.	6518

(22) "Electioneering communication" has the same meaning as	6519
in section 3517.1011 of the Revised Code.	6520

(23) "Express advocacy" means a communication that contains	6521
express words advocating the nomination, election, or defeat of a	6522
candidate or that contains express words advocating the adoption	6523
or defeat of a question or issue, as determined by a final	6524
judgment of a court of competent jurisdiction.	6525

(24) "Political committee" has the same meaning as in section	6526
3517.1011 of the Revised Code.	6527

(25) "Political contributing entity" means any entity,	6528
~~including a corporation or labor organization,~~ that may lawfully	6529
make contributions and expenditures and that is not an individual	6530
or a political action committee, continuing association, campaign	6531
committee, political party, legislative campaign fund, designated	6532
state campaign committee, or state candidate fund. Subject to the	6533
restrictions on the use of corporate and labor organization funds	6534
under section 3599.03 of the Revised Code, "political contributing	6535
entity" shall include a corporation or labor organization. For	6536
purposes of this division, "lawfully" means not prohibited by any	6537
section of the Revised Code, or authorized by a final judgment of	6538
a court of competent jurisdiction.	6539

Sec. 3517.012. When a petition meeting the requirements of	6540
section 3517.01 of the Revised Code declaring the intention to	6541
organize a political party is filed with the secretary of state,	6542
the new party comes into legal existence on the date of filing and	6543
is entitled to hold a primary election as set out in section	6544
3513.01 of the Revised Code, at the primary election, held in	6545
even-numbered years that occurs more than ~~one hundred twenty~~	6546
ninety days after the date of filing.	6547

Sec. 3517.10. (A) Except as otherwise provided in this	6548
division, every campaign committee, political action committee,	6549
legislative campaign fund, political party, and political	6550
contributing entity that made or received a contribution or made	6551
an expenditure in connection with the nomination or election of	6552
any candidate or in connection with any ballot issue or question	6553
at any election held or to be held in this state shall file, on a	6554
form prescribed under this section or by electronic means of	6555
transmission as provided in this section and section 3517.106 of	6556
the Revised Code, a full, true, and itemized statement, made under	6557
penalty of election falsification, setting forth in detail the	6558
contributions and expenditures, not later than four p.m. of the	6559
following dates:	6560

(1) The twelfth day before the election to reflect	6561
contributions received and expenditures made from the close of	6562
business on the last day reflected in the last previously filed	6563
statement, if any, to the close of business on the twentieth day	6564
before the election;	6565

(2) The thirty-eighth day after the election to reflect the	6566
contributions received and expenditures made from the close of	6567
business on the last day reflected in the last previously filed	6568
statement, if any, to the close of business on the seventh day	6569
before the filing of the statement;	6570

(3) The last business day of January of every year to reflect	6571
the contributions received and expenditures made from the close of	6572
business on the last day reflected in the last previously filed	6573
statement, if any, to the close of business on the last day of	6574
December of the previous year;	6575

(4) The last business day of July of every year to reflect	6576
the contributions received and expenditures made from the close of	6577
business on the last day reflected in the last previously filed	6578
statement, if any, to the close of business on the last day of	6579
June of that year.	6580

A campaign committee shall only be required to file the	6581
statements prescribed under divisions (A)(1) and (2) of this	6582
section in connection with the nomination or election of the	6583
committee's candidate.	6584

The statement required under division (A)(1) of this section	6585
shall not be required of any campaign committee, political action	6586
committee, legislative campaign fund, political party, or	6587
political contributing entity that has received contributions of	6588
less than one thousand dollars and has made expenditures of less	6589
than one thousand dollars at the close of business on the	6590
twentieth day before the election. Those contributions and	6591
expenditures shall be reported in the statement required under	6592
division (A)(2) of this section.	6593

If an election to select candidates to appear on the general	6594
election ballot is held within sixty days before a general	6595
election, the campaign committee of a successful candidate in the	6596
earlier election may file the statement required by division	6597
(A)(1) of this section for the general election instead of the	6598
statement required by division (A)(2) of this section for the	6599
earlier election if the pregeneral election statement reflects the	6600
status of contributions and expenditures for the period twenty	6601
days before the earlier election to twenty days before the general	6602
election.	6603

If a person becomes a candidate less than twenty days before	6604
an election, the candidate's campaign committee is not required to	6605
file the statement required by division (A)(1) of this section.	6606

No statement under division (A)(3) of this section shall be	6607
required for any year in which a campaign committee, political	6608
action committee, legislative campaign fund, political party, or	6609
political contributing entity is required to file a postgeneral	6610
election statement under division (A)(2) of this section. However,	6611
a statement under division (A)(3) of this section may be filed, at	6612
the option of the campaign committee, political action committee,	6613
legislative campaign fund, political party, or political	6614
contributing entity.	6615

No campaign committee of a candidate for the office of chief	6616
justice or justice of the supreme court, and no campaign committee	6617
of a candidate for the office of judge of any court in this state,	6618
shall be required to file a statement under division (A)(4) of	6619
this section.	6620

Except as otherwise provided in this paragraph and in the	6621
next paragraph of this section, the only campaign committees	6622
required to file a statement under division (A)(4) of this section	6623
are the campaign committee of a statewide candidate and the	6624
campaign committee of a candidate for county office. The campaign	6625
committee of a candidate for any other nonjudicial office is	6626
required to file a statement under division (A)(4) of this section	6627
if that campaign committee receives, during that period,	6628
contributions exceeding ten thousand dollars.	6629

No statement under division (A)(4) of this section shall be	6630
required of a campaign committee, a political action committee, a	6631
legislative campaign fund, a political party, or a political	6632
contributing entity for any year in which the campaign committee,	6633
political action committee, legislative campaign fund, political	6634
party, or political contributing entity is required to file a	6635
postprimary election statement under division (A)(2) of this	6636
section. However, a statement under division (A)(4) of this	6637
section may be filed at the option of the campaign committee,	6638
political action committee, legislative campaign fund, political	6639
party, or political contributing entity.	6640

No statement under division (A)(3) or (4) of this section	6641
shall be required if the campaign committee, political action	6642
committee, legislative campaign fund, political party, or	6643
political contributing entity has no contributions that it has	6644
received and no expenditures that it has made since the last date	6645
reflected in its last previously filed statement. However, the	6646
campaign committee, political action committee, legislative	6647
campaign fund, political party, or political contributing entity	6648
shall file a statement to that effect, on a form prescribed under	6649
this section and made under penalty of election falsification, on	6650
the date required in division (A)(3) or (4) of this section, as	6651
applicable.	6652

The campaign committee of a statewide candidate shall file a	6653
monthly statement of contributions received during each of the	6654
months of July, August, and September in the year of the general	6655
election in which the candidate seeks office. The campaign	6656
committee of a statewide candidate shall file the monthly	6657
statement not later than three business days after the last day of	6658
the month covered by the statement. During the period beginning on	6659
the nineteenth day before the general election in which a	6660
statewide candidate seeks election to office and extending through	6661
the day of that general election, each time the campaign committee	6662
of the joint candidates for the offices of governor and lieutenant	6663
governor or of a candidate for the office of secretary of state,	6664
auditor of state, treasurer of state, or attorney general receives	6665
a contribution from a contributor that causes the aggregate amount	6666
of contributions received from that contributor during that period	6667
to equal or exceed ten thousand dollars and each time the campaign	6668
committee of a candidate for the office of chief justice or	6669
justice of the supreme court receives a contribution from a	6670
contributor that causes the aggregate amount of contributions	6671
received from that contributor during that period to exceed ten	6672
thousand dollars, the campaign committee shall file a	6673
two-business-day statement reflecting that contribution. ~~During~~	6674
~~the period beginning on the nineteenth day before a primary~~	6675
~~election in which a candidate for statewide office seeks~~	6676
~~nomination to office and extending through the day of that primary~~	6677
~~election, each time either the campaign committee of a statewide~~	6678
~~candidate in that primary election that files a notice under~~	6679
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	6680
~~campaign committee of a statewide candidate in that primary~~	6681
~~election to which, in accordance with division (D) of section~~	6682
~~3517.103 of the Revised Code, the contribution limitations~~	6683
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	6684
~~receives a contribution from a contributor that causes the~~	6685
~~aggregate amount of contributions received from that contributor~~	6686
~~during that period to exceed ten thousand dollars, the campaign~~	6687
~~committee shall file a two-business-day statement reflecting that~~	6688
~~contribution.~~ Contributions reported on a two-business-day	6689
statement required to be filed by a campaign committee of a	6690
statewide candidate in a primary election shall also be included	6691
in the postprimary election statement required to be filed by that	6692
campaign committee under division (A)(2) of this section. A	6693
two-business-day statement required by this paragraph shall be	6694
filed not later than two business days after receipt of the	6695
contribution. The statements required by this paragraph shall be	6696
filed in addition to any other statements required by this	6697
section.	6698

Subject to the secretary of state having implemented, tested,	6699
and verified the successful operation of any system the secretary	6700
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	6701
this section and division (H)(1) of section 3517.106 of the	6702
Revised Code for the filing of campaign finance statements by	6703
electronic means of transmission, a campaign committee of a	6704
statewide candidate shall file a two-business-day statement under	6705
the preceding paragraph by electronic means of transmission if the	6706
campaign committee is required to file a pre-election,	6707
postelection, or monthly statement of contributions and	6708
expenditures by electronic means of transmission under this	6709
section or section 3517.106 of the Revised Code.	6710

If a campaign committee or political action committee has no	6711
balance on hand and no outstanding obligations and desires to	6712
terminate itself, it shall file a statement to that effect, on a	6713
form prescribed under this section and made under penalty of	6714
election falsification, with the official with whom it files a	6715
statement under division (A) of this section after filing a final	6716
statement of contributions and a final statement of expenditures,	6717
if contributions have been received or expenditures made since the	6718
period reflected in its last previously filed statement.	6719

(B) Except as otherwise provided in division (C)(7) of this	6720
section, each statement required by division (A) of this section	6721
shall contain the following information:	6722

(1) The full name and address of each campaign committee,	6723
political action committee, legislative campaign fund, political	6724
party, or political contributing entity, including any treasurer	6725
of the committee, fund, party, or entity, filing a contribution	6726
and expenditure statement;	6727

(2)(a) In the case of a campaign committee, the candidate's	6728
full name and address;	6729

(b) In the case of a political action committee, the	6730
registration number assigned to the committee under division	6731
(D)(1) of this section.	6732

(3) The date of the election and whether it was or will be a	6733
general, primary, or special election;	6734

(4) A statement of contributions received, which shall	6735
include the following information:	6736

(a) The month, day, and year of the contribution;

6737

(b)(i) The full name and address of each person, political	6738
party, campaign committee, legislative campaign fund, political	6739
action committee, or political contributing entity from whom	6740
contributions are received and the registration number assigned to	6741
the political action committee under division (D)(1) of this	6742
section. The requirement of filing the full address does not apply	6743
to any statement filed by a state or local committee of a	6744
political party, to a finance committee of such committee, or to a	6745
committee recognized by a state or local committee as its	6746
fund-raising auxiliary. Notwithstanding division (F) of this	6747
section, the requirement of filing the full address shall be	6748
considered as being met if the address filed is the same address	6749
the contributor provided under division (E)(1) of this section.	6750

(ii) If a political action committee, political contributing	6751
entity, legislative campaign fund, or political party that is	6752
required to file campaign finance statements by electronic means	6753
of transmission under section 3517.106 of the Revised Code or a	6754
campaign committee of a statewide candidate or candidate for the	6755
office of member of the general assembly receives a contribution	6756
from an individual that exceeds one hundred dollars, the name of	6757
the individual's current employer, if any, or, if the individual	6758
is self-employed, the individual's occupation and the name of the	6759
individual's business, if any;	6760

(iii) If a campaign committee of a statewide candidate or	6761
candidate for the office of member of the general assembly	6762
receives a contribution transmitted pursuant to section 3599.031	6763
of the Revised Code from amounts deducted from the wages and	6764
salaries of two or more employees that exceeds in the aggregate	6765
one hundred dollars during any one filing period under division	6766
(A)(1), (2), (3), or (4) of this section, the full name of the	6767
employees' employer and the full name of the labor organization of	6768
which the employees are members, if any.	6769

(c) A description of the contribution received, if other than	6770
money;	6771

(d) The value in dollars and cents of the contribution;

6772

(e) A separately itemized account of all contributions and	6773
expenditures regardless of the amount, except a receipt of a	6774
contribution from a person in the sum of twenty-five dollars or	6775
less at one social or fund-raising activity and a receipt of a	6776
contribution transmitted pursuant to section 3599.031 of the	6777
Revised Code from amounts deducted from the wages and salaries of	6778
employees if the contribution from the amount deducted from the	6779
wages and salary of any one employee is twenty-five dollars or	6780
less aggregated in a calendar year. An account of the total	6781
contributions from each social or fund-raising activity shall	6782
include a description of and the value of each in-kind	6783
contribution received at that activity from any person who made	6784
one or more such contributions whose aggregate value exceeded two	6785
hundred fifty dollars and shall be listed separately, together	6786
with the expenses incurred and paid in connection with that	6787
activity. A campaign committee, political action committee,	6788
legislative campaign fund, political party, or political	6789
contributing entity shall keep records of contributions from each	6790
person in the amount of twenty-five dollars or less at one social	6791
or fund-raising activity and contributions from amounts deducted	6792
under section 3599.031 of the Revised Code from the wages and	6793
salary of each employee in the amount of twenty-five dollars or	6794
less aggregated in a calendar year. No continuing association that	6795
is recognized by a state or local committee of a political party	6796
as an auxiliary of the party and that makes a contribution from	6797
funds derived solely from regular dues paid by members of the	6798
auxiliary shall be required to list the name or address of any	6799
members who paid those dues.	6800

Contributions that are other income shall be itemized	6801
separately from all other contributions. The information required	6802
under division (B)(4) of this section shall be provided for all	6803
other income itemized. As used in this paragraph, "other income"	6804
means a loan, investment income, or interest income.	6805

(f) In the case of a campaign committee of a state elected	6806
officer, if a person doing business with the state elected officer	6807
in the officer's official capacity makes a contribution to the	6808
campaign committee of that officer, the information required under	6809
division (B)(4) of this section in regard to that contribution,	6810
which shall be filed together with and considered a part of the	6811
committee's statement of contributions as required under division	6812
(A) of this section but shall be filed on a separate form provided	6813
by the secretary of state. As used in this division:	6814

(i) "State elected officer" has the same meaning as in	6815
section 3517.092 of the Revised Code.	6816

(ii) "Person doing business" means a person or an officer of	6817
an entity who enters into one or more contracts with a state	6818
elected officer or anyone authorized to enter into contracts on	6819
behalf of that officer to receive payments for goods or services,	6820
if the payments total, in the aggregate, more than five thousand	6821
dollars during a calendar year.	6822

(5) A statement of expenditures which shall include the	6823
following information:	6824

(a) The month, day, and year of the expenditure;

6825

(b) The full name and address of each person, political	6826
party, campaign committee, legislative campaign fund, political	6827
action committee, or political contributing entity to whom the	6828
expenditure was made and the registration number assigned to the	6829
political action committee under division (D)(1) of this section;	6830

6831

(d) The amount of each expenditure.

6832

(C)(1) The statement of contributions and expenditures shall	6833
be signed by the person completing the form. If a statement of	6834
contributions and expenditures is filed by electronic means of	6835
transmission pursuant to this section or section 3517.106 of the	6836
Revised Code, the electronic signature of the person who executes	6837
the statement and transmits the statement by electronic means of	6838
transmission, as provided in division (H) of section 3517.106 of	6839
the Revised Code, shall be attached to or associated with the	6840
statement and shall be binding on all persons and for all purposes	6841
under the campaign finance reporting law as if the signature had	6842
been handwritten in ink on a printed form.	6843

(2) The person filing the statement, under penalty of	6844
election falsification, shall include with it a list of each	6845
anonymous contribution, the circumstances under which it was	6846
received, and the reason it cannot be attributed to a specific	6847
donor.	6848

(3) Each statement of a campaign committee of a candidate who	6849
holds public office shall contain a designation of each	6850
contributor who is an employee in any unit or department under the	6851
candidate's direct supervision and control. In a space provided in	6852
the statement, the person filing the statement shall affirm that	6853
each such contribution was voluntarily made.	6854

(4) A campaign committee that did not receive contributions	6855
or make expenditures in connection with the nomination or election	6856
of its candidate shall file a statement to that effect, on a form	6857
prescribed under this section and made under penalty of election	6858
falsification, on the date required in division (A)(2) of this	6859
section.	6860

(5) The campaign committee of any person who attempts to	6861
become a candidate and who, for any reason, does not become	6862
certified in accordance with Title XXXV of the Revised Code for	6863
placement on the official ballot of a primary, general, or special	6864
election to be held in this state, and who, at any time prior to	6865
or after an election, receives contributions or makes	6866
expenditures, or has given consent for another to receive	6867
contributions or make expenditures, for the purpose of bringing	6868
about the person's nomination or election to public office, shall	6869
file the statement or statements prescribed by this section and a	6870
termination statement, if applicable. Division (C)(5) of this	6871
section does not apply to any person with respect to an election	6872
to the offices of member of a county or state central committee,	6873
presidential elector, or delegate to a national convention or	6874
conference of a political party.	6875

(6)(a) The statements required to be filed under this section	6876
shall specify the balance in the hands of the campaign committee,	6877
political action committee, legislative campaign fund, political	6878
party, or political contributing entity and the disposition	6879
intended to be made of that balance.	6880

(b) The secretary of state shall prescribe the form for all	6881
statements required to be filed under this section and shall	6882
furnish the forms to the boards of elections in the several	6883
counties. The boards of elections shall supply printed copies of	6884
those forms without charge. The secretary of state shall prescribe	6885
the appropriate methodology, protocol, and data file structure for	6886
statements required or permitted to be filed by electronic means	6887
of transmission under division (A) of this section, divisions (E),	6888
(F), and (G) of section 3517.106, division (D) of section	6889
3517.1011, division (B) of section 3517.1012, division (C) of	6890
section 3517.1013, and divisions (D) and (I) of section 3517.1014	6891
of the Revised Code. Subject to division (A) of this section,	6892
divisions (E), (F), and (G) of section 3517.106, division (D) of	6893
section 3517.1011, division (B) of section 3517.1012, division (C)	6894
of section 3517.1013, and divisions (D) and (I) of section	6895
3517.1014 of the Revised Code, the statements required to be	6896
stored on computer by the secretary of state under division (B) of	6897
section 3517.106 of the Revised Code shall be filed in whatever	6898
format the secretary of state considers necessary to enable the	6899
secretary of state to store the information contained in the	6900
statements on computer. Any such format shall be of a type and	6901
nature that is readily available to whoever is required to file	6902
the statements in that format.	6903

(c) The secretary of state shall assess the need for training	6904
regarding the filing of campaign finance statements by electronic	6905
means of transmission and regarding associated technologies for	6906
candidates, campaign committees, political action committees,	6907
legislative campaign funds, political parties, or political	6908
contributing entities, for individuals, partnerships, or other	6909
entities, for persons making disbursements to pay the direct costs	6910
of producing or airing electioneering communications, or for	6911
treasurers of transition funds, required or permitted to file	6912
statements by electronic means of transmission under this section	6913
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	6914
3517.1014 of the Revised Code. If, in the opinion of the secretary	6915
of state, training in these areas is necessary, the secretary of	6916
state shall arrange for the provision of voluntary training	6917
programs for candidates, campaign committees, political action	6918
committees, legislative campaign funds, political parties, or	6919
political contributing entities, for individuals, partnerships,	6920
and other entities, for persons making disbursements to pay the	6921
direct costs of producing or airing electioneering communications,	6922
or for treasurers of transition funds, as appropriate.	6923

(7) Each monthly statement and each two-business-day	6924
statement required by division (A) of this section shall contain	6925
the information required by divisions (B)(1) to (4), (C)(2), and,	6926
if appropriate, (C)(3) of this section. Each statement shall be	6927
signed as required by division (C)(1) of this section.	6928

(D)(1) Prior to receiving a contribution or making an	6929
expenditure, every campaign committee, political action committee,	6930
legislative campaign fund, political party, or political	6931
contributing entity shall appoint a treasurer and shall file, on a	6932
form prescribed by the secretary of state, a designation of that	6933
appointment, including the full name and address of the treasurer	6934
and of the campaign committee, political action committee,	6935
legislative campaign fund, political party, or political	6936
contributing entity. That designation shall be filed with the	6937
official with whom the campaign committee, political action	6938
committee, legislative campaign fund, political party, or	6939
political contributing entity is required to file statements under	6940
section 3517.11 of the Revised Code. The name of a campaign	6941
committee shall include at least the last name of the campaign	6942
committee's candidate. If two or more candidates are the	6943
beneficiaries of a single campaign committee under division (B) of	6944
section 3517.081 of the Revised Code, the name of the campaign	6945
committee shall include at least the last name of each candidate	6946
who is a beneficiary of that campaign committee. The secretary of	6947
state shall assign a registration number to each political action	6948
committee that files a designation of the appointment of a	6949
treasurer under this division if the political action committee is	6950
required by division (A)(1) of section 3517.11 of the Revised Code	6951
to file the statements prescribed by this section with the	6952
secretary of state.	6953

(2) The treasurer appointed under division (D)(1) of this	6954
section shall keep a strict account of all contributions, from	6955
whom received and the purpose for which they were disbursed.	6956

(3)(a) Except as otherwise provided in section 3517.108 of	6957
the Revised Code, a campaign committee shall deposit all monetary	6958
contributions received by the committee into an account separate	6959
from a personal or business account of the candidate or campaign	6960
committee.	6961

(b) A political action committee shall deposit all monetary	6962
contributions received by the committee into an account separate	6963
from all other funds.	6964

(c) A state or county political party may establish a state	6965
candidate fund that is separate from an account that contains the	6966
public moneys received from the Ohio political party fund under	6967
section 3517.17 of the Revised Code and from all other funds. A	6968
state or county political party may deposit into its state	6969
candidate fund any amounts of monetary contributions that are made	6970
to or accepted by the political party subject to the applicable	6971
limitations, if any, prescribed in section 3517.102 of the Revised	6972
Code. A state or county political party shall deposit all other	6973
monetary contributions received by the party into one or more	6974
accounts that are separate from its state candidate fund and from	6975
its account that contains the public moneys received from the Ohio	6976
political party fund under section 3517.17 of the Revised Code.	6977

(d) Each state political party shall have only one	6978
legislative campaign fund for each house of the general assembly.	6979
Each such fund shall be separate from any other funds or accounts	6980
of that state party. A legislative campaign fund is authorized to	6981
receive contributions and make expenditures for the primary	6982
purpose of furthering the election of candidates who are members	6983
of that political party to the house of the general assembly with	6984
which that legislative campaign fund is associated. Each	6985
legislative campaign fund shall be administered and controlled in	6986
a manner designated by the caucus. As used in this division,	6987
"caucus" has the same meaning as in section 3517.01 of the Revised	6988
Code and includes, as an ex officio member, the chairperson of the	6989
state political party with which the caucus is associated or that	6990
chairperson's designee.	6991

(4) Every expenditure in excess of twenty-five dollars shall	6992
be vouched for by a receipted bill, stating the purpose of the	6993
expenditure, that shall be filed with the statement of	6994
expenditures. A canceled check with a notation of the purpose of	6995
the expenditure is a receipted bill for purposes of division	6996
(D)(4) of this section.	6997

(5) The secretary of state or the board of elections, as the	6998
case may be, shall issue a receipt for each statement filed under	6999
this section and shall preserve a copy of the receipt for a period	7000
of at least six years. All statements filed under this section	7001
shall be open to public inspection in the office where they are	7002
filed and shall be carefully preserved for a period of at least	7003
six years after the year in which they are filed.	7004

(6) The secretary of state, by rule adopted pursuant to	7005
section 3517.23 of the Revised Code, shall prescribe both of the	7006
following:	7007

(a) The manner of immediately acknowledging, with date and	7008
time received, and preserving the receipt of statements that are	7009
transmitted by electronic means of transmission to the secretary	7010
of state pursuant to this section or section 3517.106, 3517.1011,	7011
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	7012

(b) The manner of preserving the contribution and	7013
expenditure, contribution and disbursement, deposit and	7014
disbursement, gift and disbursement, or donation and disbursement	7015
information in the statements described in division (D)(6)(a) of	7016
this section. The secretary of state shall preserve the	7017
contribution and expenditure, contribution and disbursement,	7018
deposit and disbursement, gift and disbursement, or donation and	7019
disbursement information in those statements for at least ten	7020
years after the year in which they are filed by electronic means	7021
of transmission.	7022

(7) The secretary of state, pursuant to division (I) of	7023
section 3517.106 of the Revised Code, shall make available online	7024
to the public through the internet the contribution and	7025
expenditure, contribution and disbursement, deposit and	7026
disbursement, gift and disbursement, or donation and disbursement	7027
information in all statements, all addenda, amendments, or other	7028
corrections to statements, and all amended statements filed with	7029
the secretary of state by electronic or other means of	7030
transmission under this section, division (B)(2)(b) or (C)(2)(b)	7031
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	7032
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	7033
secretary of state may remove the information from the internet	7034
after a reasonable period of time.	7035

(E)(1) Any person, political party, campaign committee,	7036
legislative campaign fund, political action committee, or	7037
political contributing entity that makes a contribution in	7038
connection with the nomination or election of any candidate or in	7039
connection with any ballot issue or question at any election held	7040
or to be held in this state shall provide its full name and	7041
address to the recipient of the contribution at the time the	7042
contribution is made. The political action committee also shall	7043
provide the registration number assigned to the committee under	7044
division (D)(1) of this section to the recipient of the	7045
contribution at the time the contribution is made.	7046

(2) Any individual who makes a contribution that exceeds one	7047
hundred dollars to a political action committee, political	7048
contributing entity, legislative campaign fund, or political party	7049
or to a campaign committee of a statewide candidate or candidate	7050
for the office of member of the general assembly shall provide the	7051
name of the individual's current employer, if any, or, if the	7052
individual is self-employed, the individual's occupation and the	7053
name of the individual's business, if any, to the recipient of the	7054
contribution at the time the contribution is made. Sections	7055
3599.39 and 3599.40 of the Revised Code do not apply to division	7056
(E)(2) of this section.	7057

(3) If a campaign committee shows that it has exercised its	7058
best efforts to obtain, maintain, and submit the information	7059
required under divisions (B)(4)(b)(ii) and (iii) of this section,	7060
that committee is considered to have met the requirements of those	7061
divisions. A campaign committee shall not be considered to have	7062
exercised its best efforts unless, in connection with written	7063
solicitations, it regularly includes a written request for the	7064
information required under division (B)(4)(b)(ii) of this section	7065
from the contributor or the information required under division	7066
(B)(4)(b)(iii) of this section from whoever transmits the	7067
contribution.	7068

(4) Any check that a political action committee uses to make	7069
a contribution or an expenditure shall contain the full name and	7070
address of the committee and the registration number assigned to	7071
the committee under division (D)(1) of this section.	7072

(F) As used in this section:

7073

(1)(a) Except as otherwise provided in division (F)(1) of	7074
this section, "address" means all of the following if they exist:	7075
apartment number, street, road, or highway name and number, rural	7076
delivery route number, city or village, state, and zip code as	7077
used in a person's post-office address, but not post-office box.	7078

(b) Except as otherwise provided in division (F)(1) of this	7079
section, if an address is required in this section, a post-office	7080
box and office, room, or suite number may be included in addition	7081
to, but not in lieu of, an apartment, street, road, or highway	7082
name and number.	7083

(c) If an address is required in this section, a campaign	7084
committee, political action committee, legislative campaign fund,	7085
political party, or political contributing entity may use the	7086
business or residence address of its treasurer or deputy	7087
treasurer. The post-office box number of the campaign committee,	7088
political action committee, legislative campaign fund, political	7089
party, or political contributing entity may be used in addition to	7090
that address.	7091

(d) For the sole purpose of a campaign committee's reporting	7092
of contributions on a statement of contributions received under	7093
division (B)(4) of this section, "address" has one of the	7094
following meanings at the option of the campaign committee:	7095

(i) The same meaning as in division (F)(1)(a) of this	7096
section;	7097

(ii) All of the following, if they exist: the contributor's	7098
post-office box number and city or village, state, and zip code as	7099
used in the contributor's post-office address.	7100

(e) As used with regard to the reporting under this section	7101
of any expenditure, "address" means all of the following if they	7102
exist: apartment number, street, road, or highway name and number,	7103
rural delivery route number, city or village, state, and zip code	7104
as used in a person's post-office address, or post-office box. If	7105
an address concerning any expenditure is required in this section,	7106
a campaign committee, political action committee, legislative	7107
campaign fund, political party, or political contributing entity	7108
may use the business or residence address of its treasurer or	7109
deputy treasurer or its post-office box number.	7110

(2) "Statewide candidate" means the joint candidates for the	7111
offices of governor and lieutenant governor or a candidate for the	7112
office of secretary of state, auditor of state, treasurer of	7113
state, attorney general, member of the state board of education,	7114
chief justice of the supreme court, or justice of the supreme	7115
court.	7116

(3) "Candidate for county office" means a candidate for the	7117
office of county auditor, county treasurer, clerk of the court of	7118
common pleas, judge of the court of common pleas, sheriff, county	7119
recorder, county engineer, county commissioner, prosecuting	7120
attorney, or coroner.	7121

(G) An independent expenditure shall be reported whenever and	7122
in the same manner that an expenditure is required to be reported	7123
under this section and shall be reported pursuant to division	7124
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	7125

(H)(1) Except as otherwise provided in division (H)(2) of	7126
this section, if, during the combined pre-election and	7127
postelection reporting periods for an election, a campaign	7128
committee has received contributions of five hundred dollars or	7129
less and has made expenditures in the total amount of five hundred	7130
dollars or less, it may file a statement to that effect, under	7131
penalty of election falsification, in lieu of the statement	7132
required by division (A)(2) of this section. The statement shall	7133
indicate the total amount of contributions received and the total	7134
amount of expenditures made during those combined reporting	7135
periods.	7136

(2) In the case of a successful candidate at a primary	7137
election, if either the total contributions received by or the	7138
total expenditures made by the candidate's campaign committee	7139
during the preprimary, postprimary, pregeneral, and postgeneral	7140
election periods combined equal more than five hundred dollars,	7141
the campaign committee may file the statement under division	7142
(H)(1) of this section only for the primary election. The first	7143
statement that the campaign committee files in regard to the	7144
general election shall reflect all contributions received and all	7145
expenditures made during the preprimary and postprimary election	7146
periods.	7147

(3) Divisions (H)(1) and (2) of this section do not apply if	7148
a campaign committee receives contributions or makes expenditures	7149
prior to the first day of January of the year of the election at	7150
which the candidate seeks nomination or election to office or if	7151
the campaign committee does not file a termination statement with	7152
its postprimary election statement in the case of an unsuccessful	7153
primary election candidate or with its postgeneral election	7154
statement in the case of other candidates.	7155

(I) In the case of a contribution made by a partner of a	7156
partnership or an owner or a member of another unincorporated	7157
business from any funds of the partnership or other unincorporated	7158
business, all of the following apply:	7159

(1) The recipient of the contribution shall report the	7160
contribution by listing both the partnership or other	7161
unincorporated business and the name of the partner, owner, or	7162
member making the contribution.	7163

(2) In reporting the contribution, the recipient of the	7164
contribution shall be entitled to conclusively rely upon the	7165
information provided by the partnership or other unincorporated	7166
business, provided that the information includes one of the	7167
following:	7168

(a) The name of each partner, owner, or member as of the date	7169
of the contribution or contributions, and a statement that the	7170
total contributions are to be allocated equally among all of the	7171
partners, owners, or members; or	7172

(b) The name of each partner, owner, or member as of the date	7173
of the contribution or contributions who is participating in the	7174
contribution or contributions, and a statement that the	7175
contribution or contributions are to be allocated to those	7176
individuals in accordance with the information provided by the	7177
partnership or other unincorporated business to the recipient of	7178
the contribution.	7179

(3) For purposes of section 3517.102 of the Revised Code, the	7180
contribution shall be considered to have been made by the partner,	7181
owner, or member reported under division (I)(1) of this section.	7182

(4) No contribution from a partner of a partnership or an	7183
owner or a member of another unincorporated business shall be	7184
accepted from any funds of the partnership or other unincorporated	7185
business unless the recipient reports the contribution under	7186
division (I)(1) of this section together with the information	7187
provided under division (I)(2) of this section.	7188

(5) No partnership or other unincorporated business shall	7189
make a contribution or contributions solely in the name of the	7190
partnership or other unincorporated business.	7191

(6) As used in division (I) of this section, "partnership or	7192
other unincorporated business" includes, but is not limited to, a	7193
cooperative, a sole proprietorship, a general partnership, a	7194
limited partnership, a limited partnership association, a limited	7195
liability partnership, and a limited liability company.	7196

(J) A candidate shall have only one campaign committee at any	7197
given time for all of the offices for which the person is a	7198
candidate or holds office.	7199

(K)(1) In addition to filing a designation of appointment of	7200
a treasurer under division (D)(1) of this section, the campaign	7201
committee of any candidate for an elected municipal office that	7202
pays an annual amount of compensation of five thousand dollars or	7203
less, the campaign committee of any candidate for member of a	7204
board of education except member of the state board of education,	7205
or the campaign committee of any candidate for township trustee or	7206
township fiscal officer may sign, under penalty of election	7207
falsification, a certificate attesting that the committee will not	7208
accept contributions during an election period that exceed in the	7209
aggregate two thousand dollars from all contributors and one	7210
hundred dollars from any one individual, and that the campaign	7211
committee will not make expenditures during an election period	7212
that exceed in the aggregate two thousand dollars.	7213

The certificate shall be on a form prescribed by the	7214
secretary of state and shall be filed not later than ten days	7215
after the candidate files a declaration of candidacy and petition,	7216
a nominating petition, or a declaration of intent to be a write-in	7217
candidate.	7218

(2) Except as otherwise provided in division (K)(3) of this	7219
section, a campaign committee that files a certificate under	7220
division (K)(1) of this section is not required to file the	7221
statements required by division (A) of this section.	7222

(3) If, after filing a certificate under division (K)(1) of	7223
this section, a campaign committee exceeds any of the limitations	7224
described in that division during an election period, the	7225
certificate is void and thereafter the campaign committee shall	7226
file the statements required by division (A) of this section. If	7227
the campaign committee has not previously filed a statement, then	7228
on the first statement the campaign committee is required to file	7229
under division (A) of this section after the committee's	7230
certificate is void, the committee shall report all contributions	7231
received and expenditures made from the time the candidate filed	7232
the candidate's declaration of candidacy and petition, nominating	7233
petition, or declaration of intent to be a write-in candidate.	7234

(4) As used in division (K) of this section, "election	7235
period" means the period of time beginning on the day a person	7236
files a declaration of candidacy and petition, nominating	7237
petition, or declaration of intent to be a write-in candidate	7238
through the day of the election at which the person seeks	7239
nomination to office if the person is not elected to office, or,	7240
if the candidate was nominated in a primary election, the day of	7241
the election at which the candidate seeks office.	7242

(L) A political contributing entity that receives	7243
contributions from the dues, membership fees, or other assessments	7244
of its members or from its officers, shareholders, and employees	7245
may report the aggregate amount of contributions received from	7246
those contributors and the number of individuals making those	7247
contributions, for each filing period under divisions (A)(1), (2),	7248
(3), and (4) of this section, rather than reporting information as	7249
required under division (B)(4) of this section, including, when	7250
applicable, the name of the current employer, if any, of a	7251
contributor whose contribution exceeds one hundred dollars or, if	7252
such a contributor is self-employed, the contributor's occupation	7253
and the name of the contributor's business, if any. Division	7254
(B)(4) of this section applies to a political contributing entity	7255
with regard to contributions it receives from all other	7256
contributors.	7257

Sec. 3517.102. (A) Except as otherwise provided in section	7258
3517.103 of the Revised Code, as used in this section and sections	7259
3517.103 and 3517.104 of the Revised Code:	7260

(1) "Candidate" has the same meaning as in section 3517.01 of	7261
the Revised Code but includes only candidates for the offices of	7262
governor, lieutenant governor, secretary of state, auditor of	7263
state, treasurer of state, attorney general, member of the state	7264
board of education, member of the general assembly, chief justice	7265
of the supreme court, and justice of the supreme court.	7266

(2) "Statewide candidate" or "any one statewide candidate"	7267
means the joint candidates for the offices of governor and	7268
lieutenant governor or a candidate for the office of secretary of	7269
state, auditor of state, treasurer of state, attorney general,	7270
member of the state board of education, chief justice of the	7271
supreme court, or justice of the supreme court.	7272

(3) "Senate candidate" means a candidate for the office of	7273
state senator.	7274

(4) "House candidate" means a candidate for the office of	7275
state representative.	7276

(5)(a) "Primary election period" for a candidate begins on	7277
the beginning date of the candidate's pre-filing period specified	7278
in division (A)(9) of section 3517.109 of the Revised Code and	7279
ends on the day of the primary election.	7280

(b) In regard to any candidate, the "general election period"	7281
begins on the day after the primary election immediately preceding	7282
the general election at which the candidate seeks an office	7283
specified in division (A)(1) of this section and ends on the	7284
thirty-first day of December following that general election.	7285

(6) "State candidate fund" means the state candidate fund	7286
established by a state or county political party under division	7287
(D)(3)(c) of section 3517.10 of the Revised Code.	7288

(7) "Postgeneral election statement" means the statement	7289
filed under division (A)(2) of section 3517.10 of the Revised Code	7290
by the campaign committee of a candidate after the general	7291
election in which the candidate ran for office or filed by	7292
legislative campaign fund after the general election in an	7293
even-numbered year.	7294

(8) "Contribution" means any contribution that is required to	7295
be reported in the statement of contributions under section	7296
3517.10 of the Revised Code.	7297

(9)(a) Except as otherwise provided in division (A)(9)(b) of	7298
this section ~~and in division (F) of section 3517.103 and division~~	7299
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	7300
state campaign committee" means:	7301

(i) In the case of contributions to or from a state political	7302
party, a campaign committee of a statewide candidate, statewide	7303
officeholder, senate candidate, house candidate, or member of the	7304
general assembly.	7305

(ii) In the case of contributions to or from a county	7306
political party, a campaign committee of a senate candidate or	7307
house candidate whose candidacy is to be submitted to some or all	7308
of the electors in that county, or member of the general assembly	7309
whose district contains all or part of that county.	7310

(iii) In the case of contributions to or from a legislative	7311
campaign fund, a campaign committee of any of the following:	7312

(I) A senate or house candidate who, if elected, will be a	7313
member of the same party that established the legislative campaign	7314
fund and the same house with which the legislative campaign fund	7315
is associated;	7316

(II) A state senator or state representative who is a member	7317
of the same party that established the legislative campaign fund	7318
and the same house with which the legislative campaign fund is	7319
associated.	7320

(b) A campaign committee is no longer a "designated state	7321
campaign committee" after the campaign committee's candidate	7322
changes the designation of treasurer required to be filed under	7323
division (D)(1) of section 3517.10 of the Revised Code to indicate	7324
that the person intends to be a candidate for, or becomes a	7325
candidate for nomination or election to, any office that, if	7326
elected, would not qualify that candidate's campaign committee as	7327
a "designated state campaign committee" under division (A)(9)(a)	7328
of this section.	7329

(B)(1)(a) No individual who is seven years of age or older	7330
shall make a contribution or contributions aggregating more than:	7331

(i) Ten thousand dollars to the campaign committee of any one	7332
statewide candidate in a primary election period or in a general	7333
election period;	7334

(ii) Ten thousand dollars to the campaign committee of any	7335
one senate candidate in a primary election period or in a general	7336
election period;	7337

(iii) Ten thousand dollars to the campaign committee of any	7338
one house candidate in a primary election period or in a general	7339
election period;	7340

(iv) Ten thousand dollars to a county political party of the	7341
county in which the individual's designated Ohio residence is	7342
located for the party's state candidate fund in a calendar year;	7343

(v) Fifteen thousand dollars to any one legislative campaign	7344
fund in a calendar year;	7345

(vi) Thirty thousand dollars to any one state political party	7346
for the party's state candidate fund in a calendar year;	7347

(vii) Ten thousand dollars to any one political action	7348
committee in a calendar year;	7349

(viii) Ten thousand dollars to any one political contributing	7350
entity in a calendar year.	7351

(b) No individual shall make a contribution or contributions	7352
to the state candidate fund of a county political party of any	7353
county other than the county in which the individual's designated	7354
Ohio residence is located.	7355

(c) No individual who is under seven years of age shall make	7356
any contribution.	7357

(2)(a) Subject to division (D)(1) of this section, no	7358
political action committee shall make a contribution or	7359
contributions aggregating more than:	7360

(i) Ten thousand dollars to the campaign committee of any one	7361
statewide candidate in a primary election period or in a general	7362
election period;	7363

(ii) Ten thousand dollars to the campaign committee of any	7364
one senate candidate in a primary election period or in a general	7365
election period;	7366

(iii) Ten thousand dollars to the campaign committee of any	7367
one house candidate in a primary election period or in a general	7368
election period;	7369

(iv) Fifteen thousand dollars to any one legislative campaign	7370
fund in a calendar year;	7371

(v) Thirty thousand dollars to any one state political party	7372
for the party's state candidate fund in a calendar year;	7373

(vi) Ten thousand dollars to another political action	7374
committee or to a political contributing entity in a calendar	7375
year. This division does not apply to a political action committee	7376
that makes a contribution to a political action committee or a	7377
political contributing entity affiliated with it. For purposes of	7378
this division, a political action committee is affiliated with	7379
another political action committee or with a political	7380
contributing entity if they are both established, financed,	7381
maintained, or controlled by, or if they are, the same	7382
corporation, organization, labor organization, continuing	7383
association, or other person, including any parent, subsidiary,	7384
division, or department of that corporation, organization, labor	7385
organization, continuing association, or other person.	7386

(b) No political action committee shall make a contribution	7387
or contributions to a county political party for the party's state	7388
candidate fund.	7389

(3) No campaign committee shall make a contribution or	7390
contributions aggregating more than:	7391

(a) Ten thousand dollars to the campaign committee of any one	7392
statewide candidate in a primary election period or in a general	7393
election period;	7394

(b) Ten thousand dollars to the campaign committee of any one	7395
senate candidate in a primary election period or in a general	7396
election period;	7397

(c) Ten thousand dollars to the campaign committee of any one	7398
house candidate in a primary election period or in a general	7399
election period;	7400

(d) Ten thousand dollars to any one political action	7401
committee in a calendar year;	7402

(e) Ten thousand dollars to any one political contributing	7403
entity in a calendar year.	7404

(4)(a) Subject to division (D)(3) of this section, no	7405
political party shall make a contribution or contributions	7406
aggregating more than ten thousand dollars to any one political	7407
action committee or to any one political contributing entity in a	7408
calendar year.	7409

(b) No county political party shall make a contribution or	7410
contributions to another county political party.	7411

(5)(a) Subject to division (B)(5)(b) of this section, no	7412
campaign committee, other than a designated state campaign	7413
committee, shall make a contribution or contributions aggregating	7414
in a calendar year more than:	7415

(i) Thirty thousand dollars to any one state political party	7416
for the party's state candidate fund;	7417

(ii) Fifteen thousand dollars to any one legislative campaign	7418
fund;	7419

(iii) Ten thousand dollars to any one county political party	7420
for the party's state candidate fund.	7421

(b) No campaign committee shall make a contribution or	7422
contributions to a county political party for the party's state	7423
candidate fund unless one of the following applies:	7424

(i) The campaign committee's candidate will appear on a	7425
ballot in that county.	7426

(ii) The campaign committee's candidate is the holder of an	7427
elected public office that represents all or part of the	7428
population of that county at the time the contribution is made.	7429

(6)(a) No state candidate fund of a county political party	7430
shall make a contribution or contributions, except a contribution	7431
or contributions to a designated state campaign committee, in a	7432
primary election period or a general election period, aggregating	7433
more than:	7434

(i) Two hundred fifty thousand dollars to the campaign	7435
committee of any one statewide candidate;	7436

(ii) Ten thousand dollars to the campaign committee of any	7437
one senate candidate;	7438

(iii) Ten thousand dollars to the campaign committee of any	7439
one house candidate.	7440

(b)(i) No state candidate fund of a state or county political	7441
party shall make a transfer or a contribution or transfers or	7442
contributions of cash or cash equivalents to a designated state	7443
campaign committee in a primary election period or in a general	7444
election period aggregating more than:	7445

(I) Five hundred thousand dollars to the campaign committee	7446
of any one statewide candidate;	7447

(II) One hundred thousand dollars to the campaign committee	7448
of any one senate candidate;	7449

(III) Fifty thousand dollars to the campaign committee of any	7450
one house candidate.	7451

(ii) No legislative campaign fund shall make a transfer or a	7452
contribution or transfers or contributions of cash or cash	7453
equivalents to a designated state campaign committee aggregating	7454
more than:	7455

(I) Fifty thousand dollars in a primary election period or	7456
one hundred thousand dollars in a general election period to the	7457
campaign committee of any one senate candidate;	7458

(II) Twenty-five thousand dollars in a primary election	7459
period or fifty thousand dollars in a general election period to	7460
the campaign committee of any one house candidate.	7461

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	7462
section, "transfer or contribution of cash or cash equivalents"	7463
does not include any in-kind contributions.	7464

(c) A county political party that has no state candidate fund	7465
and that is located in a county having a population of less than	7466
one hundred fifty thousand may make one or more contributions from	7467
other accounts to any one statewide candidate or to any one	7468
designated state campaign committee that do not exceed, in the	7469
aggregate, two thousand five hundred dollars in any primary	7470
election period or general election period. As used in this	7471
division, "other accounts" does not include an account that	7472
contains the public moneys received from the Ohio political party	7473
fund under section 3517.17 of the Revised Code.	7474

(d) No legislative campaign fund shall make a contribution,	7475
other than to a designated state campaign committee or to the	7476
state candidate fund of a political party.	7477

(7)(a) Subject to division (D)(1) of this section, no	7478
political contributing entity shall make a contribution or	7479
contributions aggregating more than:	7480

(i) Ten thousand dollars to the campaign committee of any one	7481
statewide candidate in a primary election period or in a general	7482
election period;	7483

(ii) Ten thousand dollars to the campaign committee of any	7484
one senate candidate in a primary election period or in a general	7485
election period;	7486

(iii) Ten thousand dollars to the campaign committee of any	7487
one house candidate in a primary election period or in a general	7488
election period;	7489

(iv) Fifteen thousand dollars to any one legislative campaign	7490
fund in a calendar year;	7491

(v) Thirty thousand dollars to any one state political party	7492
for the party's state candidate fund in a calendar year;	7493

(vi) Ten thousand dollars to another political contributing	7494
entity or to a political action committee in a calendar year. This	7495
division does not apply to a political contributing entity that	7496
makes a contribution to a political contributing entity or a	7497
political action committee affiliated with it. For purposes of	7498
this division, a political contributing entity is affiliated with	7499
another political contributing entity or with a political action	7500
committee if they are both established, financed, maintained, or	7501
controlled by, or if they are, the same corporation, organization,	7502
labor organization, continuing association, or other person,	7503
including any parent, subsidiary, division, or department of that	7504
corporation, organization, labor organization, continuing	7505
association, or other person.	7506

(b) No political contributing entity shall make a	7507
contribution or contributions to a county political party for the	7508
party's state candidate fund.	7509

(C)(1)(a) Subject to division (D)(1) of this section, no	7510
campaign committee of a statewide candidate shall do any of the	7511
following:	7512

(i) Knowingly accept a contribution or contributions from any	7513
individual who is under seven years of age;	7514

(ii) Accept a contribution or contributions aggregating more	7515
than ten thousand dollars from any one individual who is seven	7516
years of age or older, from any one political action committee,	7517
from any one political contributing entity, or from any one other	7518
campaign committee in a primary election period or in a general	7519
election period;	7520

(iii) Accept a contribution or contributions aggregating more	7521
than two hundred fifty thousand dollars from any one or	7522
combination of state candidate funds of county political parties	7523
in a primary election period or in a general election period.	7524

(b) No campaign committee of a statewide candidate shall	7525
accept a contribution or contributions aggregating more than two	7526
thousand five hundred dollars in a primary election period or in a	7527
general election period from a county political party that has no	7528
state candidate fund and that is located in a county having a	7529
population of less than one hundred fifty thousand.	7530

(2)(a) Subject to division (D)(1) of this section and except	7531
for a designated state campaign committee, no campaign committee	7532
of a senate candidate shall do either of the following:	7533

(i) Knowingly accept a contribution or contributions from any	7534
individual who is under seven years of age;	7535

(ii) Accept a contribution or contributions aggregating more	7536
than ten thousand dollars from any one individual who is seven	7537
years of age or older, from any one political action committee,	7538
from any one political contributing entity, from any one state	7539
candidate fund of a county political party, or from any one other	7540
campaign committee in a primary election period or in a general	7541
election period.	7542

(b) No campaign committee of a senate candidate shall accept	7543
a contribution or contributions aggregating more than two thousand	7544
five hundred dollars in a primary election period or in a general	7545
election period from a county political party that has no state	7546
candidate fund and that is located in a county having a population	7547
of less than one hundred fifty thousand.	7548

(3)(a) Subject to division (D)(1) of this section and except	7549
for a designated state campaign committee, no campaign committee	7550
of a house candidate shall do either of the following:	7551

(i) Knowingly accept a contribution or contributions from any	7552
individual who is under seven years of age;	7553

(ii) Accept a contribution or contributions aggregating more	7554
than ten thousand dollars from any one individual who is seven	7555
years of age or older, from any one political action committee,	7556
from any one political contributing entity, from any one state	7557
candidate fund of a county political party, or from any one other	7558
campaign committee in a primary election period or in a general	7559
election period.	7560

(b) No campaign committee of a house candidate shall accept a	7561
contribution or contributions aggregating more than two thousand	7562
five hundred dollars in a primary election period or in a general	7563
election period from a county political party that has no state	7564
candidate fund and that is located in a county having a population	7565
of less than one hundred fifty thousand.	7566

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	7567
and except for a designated state campaign committee, no county	7568
political party shall knowingly accept a contribution or	7569
contributions from any individual who is under seven years of age,	7570
or accept a contribution or contributions for the party's state	7571
candidate fund aggregating more than ten thousand dollars from any	7572
one individual whose designated Ohio residence is located within	7573
that county and who is seven years of age or older or from any one	7574
campaign committee in a calendar year.	7575

(ii) Subject to division (D)(1) of this section, no county	7576
political party shall accept a contribution or contributions for	7577
the party's state candidate fund from any individual whose	7578
designated Ohio residence is located outside of that county and	7579
who is seven years of age or older, from any campaign committee	7580
unless the campaign committee's candidate will appear on a ballot	7581
in that county or unless the campaign committee's candidate is the	7582
holder of an elected public office that represents all or part of	7583
the population of that county at the time the contribution is	7584
accepted, or from any political action committee or any political	7585
contributing entity.	7586

(iii) No county political party shall accept a contribution	7587
or contributions from any other county political party.	7588

(b) Subject to division (D)(1) of this section, no state	7589
political party shall do either of the following:	7590

(i) Knowingly accept a contribution or contributions from any	7591
individual who is under seven years of age;	7592

(ii) Accept a contribution or contributions for the party's	7593
state candidate fund aggregating more than thirty thousand dollars	7594
from any one individual who is seven years of age or older, from	7595
any one political action committee, from any one political	7596
contributing entity, or from any one campaign committee, other	7597
than a designated state campaign committee, in a calendar year.	7598

(5) Subject to division (D)(1) of this section, no	7599
legislative campaign fund shall do either of the following:	7600

(a) Knowingly accept a contribution or contributions from any	7601
individual who is under seven years of age;	7602

(b) Accept a contribution or contributions aggregating more	7603
than fifteen thousand dollars from any one individual who is seven	7604
years of age or older, from any one political action committee,	7605
from any one political contributing entity, or from any one	7606
campaign committee, other than a designated state campaign	7607
committee, in a calendar year.	7608

(6)(a) No designated state campaign committee shall accept a	7609
transfer or contribution of cash or cash equivalents from a state	7610
candidate fund of a state political party aggregating in a primary	7611
election period or a general election period more than:	7612

(i) Five hundred thousand dollars, in the case of a campaign	7613
committee of a statewide candidate;	7614

(ii) One hundred thousand dollars, in the case of a campaign	7615
committee of a senate candidate;	7616

(iii) Fifty thousand dollars, in the case of a campaign	7617
committee of a house candidate.	7618

(b) No designated state campaign committee shall accept a	7619
transfer or contribution of cash or cash equivalents from a	7620
legislative campaign fund aggregating more than:	7621

(i) Fifty thousand dollars in a primary election period or	7622
one hundred thousand dollars in a general election period, in the	7623
case of a campaign committee of a senate candidate;	7624

(ii) Twenty-five thousand dollars in a primary election	7625
period or fifty thousand dollars in a general election period, in	7626
the case of a campaign committee of a house candidate.	7627

(c) No campaign committee of a candidate for the office of	7628
member of the general assembly, including a designated state	7629
campaign committee, shall accept a transfer or contribution of	7630
cash or cash equivalents from any one or combination of state	7631
candidate funds of county political parties aggregating in a	7632
primary election period or a general election period more than:	7633

(i) One hundred thousand dollars, in the case of a campaign	7634
committee of a senate candidate;	7635

(ii) Fifty thousand dollars, in the case of a campaign	7636
committee of a house candidate.	7637

(7)(a) Subject to division (D)(3) of this section, no	7638
political action committee and no political contributing entity	7639
shall do either of the following:	7640

(i) Knowingly accept a contribution or contributions from any	7641
individual who is under seven years of age;	7642

(ii) Accept a contribution or contributions aggregating more	7643
than ten thousand dollars from any one individual who is seven	7644
years of age or older, from any one campaign committee, or from	7645
any one political party in a calendar year.	7646

(b) Subject to division (D)(1) of this section, no political	7647
action committee shall accept a contribution or contributions	7648
aggregating more than ten thousand dollars from another political	7649
action committee or from a political contributing entity in a	7650
calendar year. Subject to division (D)(1) of this section, no	7651
political contributing entity shall accept a contribution or	7652
contributions aggregating more than ten thousand dollars from	7653
another political contributing entity or from a political action	7654
committee in a calendar year. This division does not apply to a	7655
political action committee or political contributing entity that	7656
accepts a contribution from a political action committee or	7657
political contributing entity affiliated with it. For purposes of	7658
this division, a political action committee is affiliated with	7659
another political action committee or with a political	7660
contributing entity if they are both established, financed,	7661
maintained, or controlled by the same corporation, organization,	7662
labor organization, continuing association, or other person,	7663
including any parent, subsidiary, division, or department of that	7664
corporation, organization, labor organization, continuing	7665
association, or other person.	7666

(D)(1)(a) For purposes of the limitations prescribed in	7667
division (B)(2) of this section and the limitations prescribed in	7668
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	7669
whichever is applicable, all contributions made by and all	7670
contributions accepted from political action committees that are	7671
established, financed, maintained, or controlled by, or that are,	7672
the same corporation, organization, labor organization, continuing	7673
association, or other person, including any parent, subsidiary,	7674
division, or department of that corporation, organization, labor	7675
organization, continuing association, or other person, are	7676
considered to have been made by or accepted from a single	7677
political action committee.	7678

(b) For purposes of the limitations prescribed in division	7679
(B)(7) of this section and the limitations prescribed in divisions	7680
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	7681
is applicable, all contributions made by and all contributions	7682
accepted from political contributing entities that are	7683
established, financed, maintained, or controlled by, or that are,	7684
the same corporation, organization, labor organization, continuing	7685
association, or other person, including any parent, subsidiary,	7686
division, or department of that corporation, organization, labor	7687
organization, continuing association, or other person, are	7688
considered to have been made by or accepted from a single	7689
political contributing entity.	7690

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	7691
(B)(4)(a), and (C)(7) of this section, "political action	7692
committee" does not include a political action committee that is	7693
organized to support or oppose a ballot issue or question and that	7694
makes no contributions to or expenditures on behalf of a political	7695
party, campaign committee, legislative campaign fund, political	7696
action committee, or political contributing entity. As used in	7697
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	7698
this section, "political contributing entity" does not include a	7699
political contributing entity that is organized to support or	7700
oppose a ballot issue or question and that makes no contributions	7701
to or expenditures on behalf of a political party, campaign	7702
committee, legislative campaign fund, political action committee,	7703
or political contributing entity.	7704

(3) For purposes of the limitations prescribed in divisions	7705
(B)(4) and (C)(7)(a) of this section, all contributions made by	7706
and all contributions accepted from a national political party, a	7707
state political party, and a county political party are considered	7708
to have been made by or accepted from a single political party and	7709
shall be combined with each other to determine whether the	7710
limitations have been exceeded.	7711

(E)(1) If a legislative campaign fund has kept a total amount	7712
of contributions exceeding one hundred fifty thousand dollars at	7713
the close of business on the seventh day before the postgeneral	7714
election statement is required to be filed under section 3517.10	7715
of the Revised Code, the legislative campaign fund shall comply	7716
with division (E)(2) of this section.	7717

(2)(a) Any legislative campaign fund that has kept a total	7718
amount of contributions in excess of the amount specified in	7719
division (E)(1) of this section at the close of business on the	7720
seventh day before the postgeneral election statement is required	7721
to be filed under section 3517.10 of the Revised Code shall	7722
dispose of the excess amount in the manner prescribed in division	7723
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	7724
days after the day the postgeneral election statement is required	7725
to be filed under section 3517.10 of the Revised Code. Any	7726
legislative campaign fund that is required to dispose of an excess	7727
amount of contributions under this division shall file a statement	7728
on the ninetieth day after the postgeneral election statement is	7729
required to be filed under section 3517.10 of the Revised Code	7730
indicating the total amount of contributions the fund has at the	7731
close of business on the seventh day before the postgeneral	7732
election statement is required to be filed under section 3517.10	7733
of the Revised Code and that the excess contributions were	7734
disposed of pursuant to this division and division (E)(2)(b) of	7735
this section. The statement shall be on a form prescribed by the	7736
secretary of state and shall contain any additional information	7737
the secretary of state considers necessary.	7738

(b) Any legislative campaign fund that is required to dispose	7739
of an excess amount of contributions under division (E)(2) of this	7740
section shall dispose of that excess amount by doing any of the	7741
following:	7742

(i) Giving the amount to the treasurer of state for deposit	7743
into the state treasury to the credit of the Ohio elections	7744
commission fund created by division (I) of section 3517.152 of the	7745
Revised Code;	7746

(ii) Giving the amount to individuals who made contributions	7747
to that legislative campaign fund as a refund of all or part of	7748
their contributions;	7749

(iii) Giving the amount to a corporation that is exempt from	7750
federal income taxation under subsection 501(a) and described in	7751
subsection 501(c) of the Internal Revenue Code.	7752

(F)(1) No legislative campaign fund shall fail to file a	7753
statement required by division (E) of this section.	7754

(2) No legislative campaign fund shall fail to dispose of	7755
excess contributions as required by division (E) of this section.	7756

(G) Nothing in this section shall affect, be used in	7757
determining, or supersede a limitation on campaign contributions	7758
as provided for in the Federal Election Campaign Act.	7759

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

7760

~~(a)~~(1) "Statewide candidate" means the joint candidates for	7761
the offices of governor and lieutenant governor or a candidate for	7762
the office of secretary of state, auditor of state, treasurer of	7763
state, attorney general, or member of the state board of	7764
education.	7765

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	7766
campaign committee of a candidate by the candidate ~~or by the~~	7767
~~candidate's spouse, parents, children, sons-in-law,~~	7768
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	7769
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	7770
~~marriage~~.	7771

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	7772
of a statewide candidate, senate candidate, or house candidate	7773
shall be considered "personal funds" subject to the provisions of	7774
this section ~~and section 3517.1010 of the Revised Code~~ to the	7775
extent that the loan is obtained or guaranteed by the candidate or	7776
~~is for the benefit of the candidate and is obtained or guaranteed~~	7777
~~by the candidate's spouse, parents, children, sons-in-law,~~	7778
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	7779
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	7780
~~marriage~~. A loan that is obtained or guaranteed and that is for	7781
the benefit of a statewide candidate, senate candidate, or house	7782
candidate shall not be considered "personal funds" for the	7783
purposes of this section ~~and section 3517.1010 of the Revised Code~~	7784
but shall be considered to be a "contribution" for the purposes of	7785
this chapter if the loan is obtained or guaranteed by anyone other	7786
than the candidate ~~or the candidate's spouse, parents, children,~~	7787
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	7788
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	7789
~~grandparents by marriage~~.	7790

~~(iii)~~(c) When a debt or other obligation incurred by a	7791
committee or by a candidate on behalf of the candidate's committee	7792
~~described in division (C)(1) or (2) of this section~~ is to be paid	7793
from "personal funds," those funds are considered to be expended	7794
when the debt or other obligation is incurred, regardless of when	7795
it is paid.	7796

~~(2) For purposes of this chapter, a candidate is an~~	7797
~~"opponent" when the candidate has indicated on the candidate's~~	7798
~~most recently filed designation of treasurer that the candidate~~	7799
~~seeks the same office at the same primary or general election as~~	7800
~~another candidate whose campaign committee has filed a personal~~	7801
~~funds notice required by division (C)(1) or (2) of this section.~~	7802

(B)(1) Except as otherwise provided in division (B)(2) of	7803
this section, no statewide candidate or candidate for the office	7804
of member of the general assembly shall make an expenditure of	7805
personal funds to influence the results of an election for that	7806
candidate's nomination or election to office unless the personal	7807
funds are first deposited into the campaign fund of that	7808
candidate's campaign committee.	7809

(2) A statewide candidate or candidate for the office of	7810
member of the general assembly may make an expenditure of personal	7811
funds without first depositing those funds into the campaign	7812
committee's funds as long as the aggregate total of those	7813
expenditures does not exceed five hundred dollars at any time	7814
during an election period. After the candidate's campaign	7815
committee reimburses the candidate for any direct expenditure of	7816
personal funds, the amount that was reimbursed is no longer	7817
included in the aggregate total of expenditures of personal funds	7818
subject to the five-hundred-dollar limit.	7819

~~(C)(1) If the campaign committee of any statewide candidate~~	7820
~~has received or expended or expects to expend more than one~~	7821
~~hundred thousand dollars of personal funds during a primary~~	7822
~~election period or one hundred fifty thousand dollars of personal~~	7823
~~funds during a general election period, the campaign committee~~	7824
~~shall file a personal funds notice in the manner provided in~~	7825
~~division (C)(3) of this section indicating that the committee has~~	7826
~~received or expended or expects to expend more than that amount.~~	7827
~~For the purpose of this division, a joint team of candidates for~~	7828
~~governor and lieutenant governor shall be considered a single~~	7829
~~candidate and their personal funds shall be combined.~~	7830

~~(2) If the campaign committee of any senate candidate or~~	7831
~~house candidate has received or expended or expects to expend more~~	7832
~~than twenty-five thousand dollars of personal funds during a~~	7833
~~primary election period or twenty-five thousand dollars of~~	7834
~~personal funds during a general election period, the campaign~~	7835
~~committee shall file a personal funds notice in the manner~~	7836
~~provided in division (C)(3) of this section indicating that the~~	7837
~~committee has received or expended or expects to expend more than~~	7838
~~that amount.~~	7839

~~(3) The personal funds notice required in divisions (C)(1)~~	7840
~~and (2) of this section and the declaration of no limits required~~	7841
~~under division (D)(2) of this section shall be on a form~~	7842
~~prescribed by the secretary of state. The personal funds notice~~	7843
~~required in divisions (C)(1) and (2) of this section shall be~~	7844
~~filed not later than the earlier of the following times:~~	7845

~~(a) One hundred twenty days before a primary election, in the~~	7846
~~case of personal funds received, expended, or expected to be~~	7847
~~expended during a primary election period, or not later than one~~	7848
~~hundred twenty days before a general election, in the case of~~	7849
~~personal funds received, expended, or expected to be expended~~	7850
~~during a general election period;~~	7851

~~(b) Two business days after the candidate's campaign~~	7852
~~committee receives or makes an expenditure of personal funds or~~	7853
~~the candidate makes an expenditure of personal funds on behalf of~~	7854
~~the candidate's campaign committee during that election period~~	7855
~~that exceed, in the aggregate, the amount specified in division~~	7856
~~(C)(1) or (2) of this section.~~	7857

~~The personal funds notice required under divisions (C)(1) and~~	7858
~~(2) of this section and the declaration of no limits required~~	7859
~~under division (D)(2) of this section shall be filed wherever the~~	7860
~~campaign committee files statements of contributions and~~	7861
~~expenditures under section 3517.11 of the Revised Code. The board~~	7862
~~of elections shall send to the secretary of state a copy of any~~	7863
~~personal funds notice or declaration of no limits filed by the~~	7864
~~campaign committee of a senate candidate or house candidate under~~	7865
~~division (C)(3) or (D)(2) of this section.~~	7866

~~(D)(1) Whenever a campaign committee files a notice under~~	7867
~~division (C)(1) or (2) of this section, and the campaign committee~~	7868
~~of an opponent files a declaration of no limits pursuant to~~	7869
~~division (D)(2) of this section within thirty days of the filing~~	7870
~~of the personal funds notice under division (C)(1) or (2) of this~~	7871
~~section, the contribution limitations prescribed in section~~	7872
~~3517.102 of the Revised Code no longer apply to the campaign~~	7873
~~committee of the candidate's opponent.~~	7874

~~(2) No campaign committee of a candidate described in~~	7875
~~division (D)(1) of this section shall accept any contribution or~~	7876
~~contributions from a contributor that exceed the limitations~~	7877
~~prescribed in section 3517.102 of the Revised Code until the~~	7878
~~committee files a declaration that the committee will accept~~	7879
~~contributions that exceed those limitations. This declaration~~	7880
~~shall be filed not later than thirty days after a candidate's~~	7881
~~opponent has filed a personal funds notice pursuant to division~~	7882
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	7883
~~referred to as the "declaration of no limits," and shall list all~~	7884
~~of the following:~~	7885

~~(a) The amount of cash on hand in the candidate's campaign~~	7886
~~fund at the end of the day immediately preceding the day on which~~	7887
~~the candidate's campaign committee files the declaration of no~~	7888
~~limits;~~	7889

~~(b) The value and description of all campaign assets worth~~	7890
~~five hundred dollars or more available to the candidate at the end~~	7891
~~of the day immediately preceding the day on which the candidate's~~	7892
~~campaign committee files the declaration of no limits.~~	7893

~~(3) A candidate who was not an opponent of a candidate who~~	7894
~~filed the personal funds notice required under division (C)(3) of~~	7895
~~this section on the date the personal funds notice was filed may~~	7896
~~file the declaration of no limits pursuant to division (D)(2) of~~	7897
~~this section within thirty days after becoming an opponent of the~~	7898
~~candidate who filed the personal funds notice.~~	7899

~~(4) If the candidate whose campaign committee filed a~~	7900
~~personal funds notice under division (C)(1) or (2) of this section~~	7901
~~fails to file a declaration of candidacy for the office listed on~~	7902
~~the designation of treasurer filed under division (D) of section~~	7903
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	7904
~~nominating petition for that office and dies or withdraws, both of~~	7905
~~the following apply to the campaign committee of that candidate's~~	7906
~~opponent if the opponent has filed a declaration of no limits~~	7907
~~pursuant to division (D) of this section:~~	7908

~~(a) No contribution from a contributor may thereafter be~~	7909
~~accepted that, when added to the aggregate total of all~~	7910
~~contributions received by that committee from that contributor~~	7911
~~during the primary election period or general election period,~~	7912
~~whichever is applicable, would cause that committee to exceed the~~	7913
~~contribution limitations prescribed in section 3517.102 of the~~	7914
~~Revised Code for the applicable election period.~~	7915

~~(b) The statement of primary-day finances or the year-end~~	7916
~~statement required to be filed under division (E) of section~~	7917
~~3517.1010 of the Revised Code shall be filed not later than~~	7918
~~fourteen days after the date the candidate's opponent fails to~~	7919
~~file a declaration of candidacy or nominating petition by the~~	7920
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	7921
~~calculating permitted funds under division (A)(4) of section~~	7922
~~3517.1010 of the Revised Code, the primary or general election~~	7923
~~period, whichever is applicable, shall be considered to have ended~~	7924
~~on the filing deadline, in the case of an opponent who fails to~~	7925
~~file a declaration of candidacy or nominating petition, or on the~~	7926
~~date of the opponent's death or withdrawal. In such an event, the~~	7927
~~filing of a statement of primary-day finances or year-end finances~~	7928
~~and the disposing of any excess funds as required under division~~	7929
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	7930
~~candidate's obligation to file such a statement for that election~~	7931
~~period.~~	7932

~~(E)(1) No campaign committee shall fail to file a personal~~	7933
~~funds notice as required under division (C)(1) or (2) of this~~	7934
~~section.~~	7935

~~(2) No campaign committee shall accept any contribution in~~	7936
~~excess of the contribution limitations prescribed in section~~	7937
~~3517.102 of the Revised Code:~~	7938

~~(a) Unless a declaration of no limits has been filed under~~	7939
~~division (D)(2) of this section;~~	7940

~~(b) In violation of division (D)(4) of this section once the~~	7941
~~candidate who filed a personal funds notice under division (C)(3)~~	7942
~~of this section fails to file a declaration of candidacy or~~	7943
~~nominating petition or that candidate dies or withdraws.~~	7944

~~(3) No campaign committee that violates division (E)(1) of~~	7945
~~this section shall expend any personal funds in excess of the~~	7946
~~amount specified in division (C)(1) or (2) of this section,~~	7947
~~whichever is appropriate to the committee.~~	7948

~~(4) The candidate of any campaign committee that violates~~	7949
~~division (E) of this section shall forfeit the candidate's~~	7950
~~nomination, if the candidate was nominated, or the office to which~~	7951
~~the candidate was elected, if the candidate was elected to office.~~	7952

~~(F)(1) Whenever a campaign committee files a notice under~~	7953
~~division (C)(1) or (2) of this section or whenever the~~	7954
~~contribution limitations prescribed in section 3517.102 of the~~	7955
~~Revised Code do not apply to a campaign committee under division~~	7956
~~(D)(1) of this section, that committee is not a designated state~~	7957
~~campaign committee for the purpose of the limitations prescribed~~	7958
~~in section 3517.102 of the Revised Code with regard to~~	7959
~~contributions made by that campaign committee to a legislative~~	7960
~~campaign fund or to a state candidate fund of a state or county~~	7961
~~political party.~~	7962

~~(2) Division (F)(1) of this section no longer applies to a~~	7963
~~campaign committee after both of the following occur:~~	7964

~~(a) The primary or general election period during which the~~	7965
~~contribution limitations prescribed in section 3517.102 of the~~	7966
~~Revised Code did not apply after being removed pursuant to~~	7967
~~division (D) of this section has expired;~~	7968

~~(b) When the campaign committee has disposed of all excess~~	7969
~~funds and excess aggregate contributions as required under section~~	7970
~~3517.1010 of the Revised Code.~~	7971

Sec. 3517.106. (A) As used in this section:

7972

(1) "Statewide office" means any of the offices of governor,	7973
lieutenant governor, secretary of state, auditor of state,	7974
treasurer of state, attorney general, chief justice of the supreme	7975
court, and justice of the supreme court.	7976

(2) "Addendum to a statement" includes an amendment or other	7977
correction to that statement.	7978

(B)(1) The secretary of state shall store on computer the	7979
information contained in statements of contributions and	7980
expenditures and monthly statements required to be filed under	7981
section 3517.10 of the Revised Code and in statements of	7982
independent expenditures required to be filed under section	7983
3517.105 of the Revised Code by any of the following:	7984

(a) The campaign committees of candidates for statewide	7985
office;	7986

(b) The political action committees and political	7987
contributing entities described in division (A)(1) of section	7988
3517.11 of the Revised Code;	7989

7990

(d) State political parties;

7991

(e) Individuals, partnerships, corporations, labor	7992
organizations, or other entities that make independent	7993
expenditures in support of or opposition to a statewide candidate	7994
or a statewide ballot issue or question;	7995

(f) The campaign committees of candidates for the office of	7996
member of the general assembly;	7997

(g) County political parties, with respect to their state	7998
candidate funds.	7999

(2) The secretary of state shall store on computer the	8000
information contained in disclosure of electioneering	8001
communications statements required to be filed under section	8002
3517.1011 of the Revised Code.	8003

(3) The secretary of state shall store on computer the	8004
information contained in deposit and disbursement statements	8005
required to be filed with the office of the secretary of state	8006
under section 3517.1012 of the Revised Code.	8007

(4) The secretary of state shall store on computer the gift	8008
and disbursement information contained in statements required to	8009
be filed with the office of the secretary of state under section	8010
3517.1013 of the Revised Code.	8011

(5) The secretary of state shall store on computer the	8012
information contained in donation and disbursement statements	8013
required to be filed with the office of the secretary of state	8014
under section 3517.1014 of the Revised Code.	8015

(C)(1) The secretary of state shall make available to the	8016
campaign committees, political action committees, political	8017
contributing entities, legislative campaign funds, political	8018
parties, individuals, partnerships, corporations, labor	8019
organizations, treasurers of transition funds, and other entities	8020
described in division (B) of this section, and to members of the	8021
news media and other interested persons, for a reasonable fee,	8022
computer programs that are compatible with the secretary of	8023
state's method of storing the information contained in the	8024
statements.	8025

(2) The secretary of state shall make the information	8026
required to be stored under division (B) of this section available	8027
on computer at the secretary of state's office so that, to the	8028
maximum extent feasible, individuals may obtain at the secretary	8029
of state's office any part or all of that information for any	8030
given year, subject to the limitation expressed in division (D) of	8031
this section.	8032

(D) The secretary of state shall keep the information stored	8033
on computer under division (B) of this section for at least six	8034
years.	8035

(E)(1) Subject to division (L) of this section and subject to	8036
the secretary of state having implemented, tested, and verified	8037
the successful operation of any system the secretary of state	8038
prescribes pursuant to division (H)(1) of this section and	8039
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8040
Code for the filing of campaign finance statements by electronic	8041
means of transmission, the campaign committee of each candidate	8042
for statewide office may file the statements prescribed by section	8043
3517.10 of the Revised Code by electronic means of transmission	8044
or, if the total amount of the contributions received or the total	8045
amount of the expenditures made by the campaign committee for the	8046
applicable reporting period as specified in division (A) of	8047
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8048
shall file those statements by electronic means of transmission.	8049

Except as otherwise provided in this division, within five	8050
business days after a statement filed by a campaign committee of a	8051
candidate for statewide office is received by the secretary of	8052
state by electronic or other means of transmission, the secretary	8053
of state shall make available online to the public through the	8054
internet, as provided in division (I) of this section, the	8055
contribution and expenditure information in that statement. The	8056
secretary of state shall not make available online to the public	8057
through the internet any contribution or expenditure information	8058
contained in a statement for any candidate until the secretary of	8059
state is able to make available online to the public through the	8060
internet the contribution and expenditure information for all	8061
candidates for a particular office, or until the applicable filing	8062
deadline for that statement has passed, whichever is sooner. As	8063
soon as the secretary of state has available all of the	8064
contribution and expenditure information for all candidates for a	8065
particular office, or as soon as the applicable filing deadline	8066
for a statement has passed, whichever is sooner, the secretary of	8067
state shall simultaneously make available online to the public	8068
through the internet the information for all candidates for that	8069
office.	8070

If a statement filed by electronic means of transmission is	8071
found to be incomplete or inaccurate after the examination of the	8072
statement for completeness and accuracy pursuant to division	8073
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8074
committee shall file by electronic means of transmission any	8075
addendum to the statement that provides the information necessary	8076
to complete or correct the statement or, if required by the	8077
secretary of state under that division, an amended statement.	8078

Within five business days after the secretary of state	8079
receives from a campaign committee of a candidate for statewide	8080
office an addendum to the statement or an amended statement by	8081
electronic or other means of transmission under this division or	8082
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8083
secretary of state shall make the contribution and expenditure	8084
information in the addendum or amended statement available online	8085
to the public through the internet as provided in division (I) of	8086
this section.	8087

(2) Subject to the secretary of state having implemented,	8088
tested, and verified the successful operation of any system the	8089
secretary of state prescribes pursuant to division (H)(1) of this	8090
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8091
the Revised Code for the filing of campaign finance statements by	8092
electronic means of transmission, a political action committee and	8093
a political contributing entity described in division (B)(1)(b) of	8094
this section, a legislative campaign fund, and a state political	8095
party may file the statements prescribed by section 3517.10 of the	8096
Revised Code by electronic means of transmission or, if the total	8097
amount of the contributions received or the total amount of the	8098
expenditures made by the political action committee, political	8099
contributing entity, legislative campaign fund, or state political	8100
party for the applicable reporting period as specified in division	8101
(A) of section 3517.10 of the Revised Code exceeds ten thousand	8102
dollars, shall file those statements by electronic means of	8103
transmission.	8104

Within five business days after a statement filed by a	8105
political action committee or a political contributing entity	8106
described in division (B)(1)(b) of this section, a legislative	8107
campaign fund, or a state political party is received by the	8108
secretary of state by electronic or other means of transmission,	8109
the secretary of state shall make available online to the public	8110
through the internet, as provided in division (I) of this section,	8111
the contribution and expenditure information in that statement.	8112

If a statement filed by electronic means of transmission is	8113
found to be incomplete or inaccurate after the examination of the	8114
statement for completeness and accuracy pursuant to division	8115
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8116
action committee, political contributing entity, legislative	8117
campaign fund, or state political party shall file by electronic	8118
means of transmission any addendum to the statement that provides	8119
the information necessary to complete or correct the statement or,	8120
if required by the secretary of state under that division, an	8121
amended statement.	8122

Within five business days after the secretary of state	8123
receives from a political action committee or a political	8124
contributing entity described in division (B)(1)(b) of this	8125
section, a legislative campaign fund, or a state political party	8126
an addendum to the statement or an amended statement by electronic	8127
or other means of transmission under this division or division	8128
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8129
state shall make the contribution and expenditure information in	8130
the addendum or amended statement available online to the public	8131
through the internet as provided in division (I) of this section.	8132

(3) Subject to the secretary of state having implemented,	8133
tested, and verified the successful operation of any system the	8134
secretary of state prescribes pursuant to division (H)(1) of this	8135
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8136
the Revised Code for the filing of campaign finance statements by	8137
electronic means of transmission, a county political party shall	8138
file the statements prescribed by section 3517.10 of the Revised	8139
Code with respect to its state candidate fund by electronic means	8140
of transmission to the office of the secretary of state.	8141

Within five business days after a statement filed by a county	8142
political party with respect to its state candidate fund is	8143
received by the secretary of state by electronic means of	8144
transmission, the secretary of state shall make available online	8145
to the public through the internet, as provided in division (I) of	8146
this section, the contribution and expenditure information in that	8147
statement.	8148

If a statement is found to be incomplete or inaccurate after	8149
the examination of the statement for completeness and accuracy	8150
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8151
Code, a county political party shall file by electronic means of	8152
transmission any addendum to the statement that provides the	8153
information necessary to complete or correct the statement or, if	8154
required by the secretary of state under that division, an amended	8155
statement.	8156

Within five business days after the secretary of state	8157
receives from a county political party an addendum to the	8158
statement or an amended statement by electronic means of	8159
transmission under this division or division (B)(3)(a) of section	8160
3517.11 of the Revised Code, the secretary of state shall make the	8161
contribution and expenditure information in the addendum or	8162
amended statement available online to the public through the	8163
internet as provided in division (I) of this section.	8164

(F)(1) Subject to division (L) of this section and subject to	8165
the secretary of state having implemented, tested, and verified	8166
the successful operation of any system the secretary of state	8167
prescribes pursuant to division (H)(1) of this section and	8168
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8169
Code for the filing of campaign finance statements by electronic	8170
means of transmission, a campaign committee of a candidate for the	8171
office of member of the general assembly or a campaign committee	8172
of a candidate for the office of judge of a court of appeals may	8173
file the statements prescribed by section 3517.10 of the Revised	8174
Code in accordance with division (A)(2) of section 3517.11 of the	8175
Revised Code or by electronic means of transmission to the office	8176
of the secretary of state or, if the total amount of the	8177
contributions received by the campaign committee for the	8178
applicable reporting period as specified in division (A) of	8179
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8180
shall file those statements by electronic means of transmission to	8181
the office of the secretary of state.	8182

Except as otherwise provided in this division, within five	8183
business days after a statement filed by a campaign committee of a	8184
candidate for the office of member of the general assembly or a	8185
campaign committee of a candidate for the office of judge of a	8186
court of appeals is received by the secretary of state by	8187
electronic or other means of transmission, the secretary of state	8188
shall make available online to the public through the internet, as	8189
provided in division (I) of this section, the contribution and	8190
expenditure information in that statement. The secretary of state	8191
shall not make available online to the public through the internet	8192
any contribution or expenditure information contained in a	8193
statement for any candidate until the secretary of state is able	8194
to make available online to the public through the internet the	8195
contribution and expenditure information for all candidates for a	8196
particular office, or until the applicable filing deadline for	8197
that statement has passed, whichever is sooner. As soon as the	8198
secretary of state has available all of the contribution and	8199
expenditure information for all candidates for a particular	8200
office, or as soon as the applicable filing deadline for a	8201
statement has passed, whichever is sooner, the secretary of state	8202
shall simultaneously make available online to the public through	8203
the internet the information for all candidates for that office.	8204

If a statement filed by electronic means of transmission is	8205
found to be incomplete or inaccurate after the examination of the	8206
statement for completeness and accuracy pursuant to division	8207
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8208
committee shall file by electronic means of transmission to the	8209
office of the secretary of state any addendum to the statement	8210
that provides the information necessary to complete or correct the	8211
statement or, if required by the secretary of state under that	8212
division, an amended statement.	8213

Within five business days after the secretary of state	8214
receives from a campaign committee of a candidate for the office	8215
of member of the general assembly or a campaign committee of a	8216
candidate for the office of judge of a court of appeals an	8217
addendum to the statement or an amended statement by electronic or	8218
other means of transmission under this division or division	8219
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8220
state shall make the contribution and expenditure information in	8221
the addendum or amended statement available online to the public	8222
through the internet as provided in division (I) of this section.	8223

(2) If a statement, addendum, or amended statement is not	8224
filed by electronic means of transmission to the office of the	8225
secretary of state but is filed by printed version only under	8226
division (A)(2) of section 3517.11 of the Revised Code with the	8227
appropriate board of elections, the campaign committee of a	8228
candidate for the office of member of the general assembly or a	8229
campaign committee of a candidate for the office of judge of a	8230
court of appeals shall file two copies of the printed version of	8231
the statement, addendum, or amended statement with the board of	8232
elections. The board of elections shall send one of those copies	8233
by ~~certified~~ mail or an electronic copy to the secretary of state	8234
before the close of business on the day the board of elections	8235
receives the statement, addendum, or amended statement.	8236

(G) Subject to the secretary of state having implemented,	8237
tested, and verified the successful operation of any system the	8238
secretary of state prescribes pursuant to division (H)(1) of this	8239
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8240
the Revised Code for the filing of campaign finance statements by	8241
electronic means of transmission, any individual, partnership, or	8242
other entity that makes independent expenditures in support of or	8243
opposition to a statewide candidate or a statewide ballot issue or	8244
question as provided in division (B)(2)(b) or (C)(2)(b) of section	8245
3517.105 of the Revised Code may file the statement specified in	8246
that division by electronic means of transmission or, if the total	8247
amount of independent expenditures made during the reporting	8248
period under that division exceeds ten thousand dollars, shall	8249
file the statement specified in that division by electronic means	8250
of transmission.	8251

Within five business days after a statement filed by an	8252
individual, partnership, or other entity is received by the	8253
secretary of state by electronic or other means of transmission,	8254
the secretary of state shall make available online to the public	8255
through the internet, as provided in division (I) of this section,	8256
the expenditure information in that statement.	8257

If a statement filed by electronic means of transmission is	8258
found to be incomplete or inaccurate after the examination of the	8259
statement for completeness and accuracy pursuant to division	8260
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	8261
partnership, or other entity shall file by electronic means of	8262
transmission any addendum to the statement that provides the	8263
information necessary to complete or correct the statement or, if	8264
required by the secretary of state under that division, an amended	8265
statement.	8266

Within five business days after the secretary of state	8267
receives from an individual, partnership, or other entity	8268
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	8269
of the Revised Code an addendum to the statement or an amended	8270
statement by electronic or other means of transmission under this	8271
division or division (B)(3)(a) of section 3517.11 of the Revised	8272
Code, the secretary of state shall make the expenditure	8273
information in the addendum or amended statement available online	8274
to the public through the internet as provided in division (I) of	8275
this section.	8276

(H)(1) The secretary of state, by rule adopted pursuant to	8277
section 3517.23 of the Revised Code, shall prescribe one or more	8278
techniques by which a person who executes and transmits by	8279
electronic means a statement of contributions and expenditures, a	8280
statement of independent expenditures, a disclosure of	8281
electioneering communications statement, a deposit and	8282
disbursement statement, a gift and disbursement statement, or a	8283
donation and disbursement statement, an addendum to any of those	8284
statements, an amended statement of contributions and	8285
expenditures, an amended statement of independent expenditures, an	8286
amended disclosure of electioneering communications statement, an	8287
amended deposit and disbursement statement, an amended gift and	8288
disbursement statement, or an amended donation and disbursement	8289
statement, under this section or section 3517.10, 3517.105,	8290
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	8291
shall electronically sign the statement, addendum, or amended	8292
statement. Any technique prescribed by the secretary of state	8293
pursuant to this division shall create an electronic signature	8294
that satisfies all of the following:	8295

(a) It is unique to the signer.

8296

(b) It objectively identifies the signer.

8297

(c) It involves the use of a signature device or other means	8298
or method that is under the sole control of the signer and that	8299
cannot be readily duplicated or compromised.	8300

(d) It is created and linked to the electronic record to	8301
which it relates in a manner that, if the record or signature is	8302
intentionally or unintentionally changed after signing, the	8303
electronic signature is invalidated.	8304

(2) An electronic signature prescribed by the secretary of	8305
state under division (H)(1) of this section shall be attached to	8306
or associated with the statement of contributions and	8307
expenditures, the statement of independent expenditures, the	8308
disclosure of electioneering communications statement, the deposit	8309
and disbursement statement, the gift and disbursement statement,	8310
or the donation and disbursement statement, the addendum to any of	8311
those statements, the amended statement of contributions and	8312
expenditures, the amended statement of independent expenditures,	8313
the amended disclosure of electioneering communications statement,	8314
the amended deposit and disbursement statement, the amended gift	8315
and disbursement statement, or the amended donation and	8316
disbursement statement that is executed and transmitted by	8317
electronic means by the person to whom the electronic signature is	8318
attributed. The electronic signature that is attached to or	8319
associated with the statement, addendum, or amended statement	8320
under this division shall be binding on all persons and for all	8321
purposes under the campaign finance reporting law as if the	8322
signature had been handwritten in ink on a printed form.	8323

(I) The secretary of state shall make the contribution and	8324
expenditure, the contribution and disbursement, the deposit and	8325
disbursement, the gift and disbursement, or the donation and	8326
disbursement information in all statements, all addenda to the	8327
statements, and all amended statements that are filed with the	8328
secretary of state by electronic or other means of transmission	8329
under this section or section 3517.10, 3517.105, 3517.1011,	8330
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	8331
available online to the public by any means that are searchable,	8332
viewable, and accessible through the internet.	8333

(J)(1) As used in this division, "library" means a library	8334
that is open to the public and that is one of the following:	8335

(a) A library that is maintained and regulated under section	8336
715.13 of the Revised Code;	8337

(b) A library that is created, maintained, and regulated	8338
under Chapter 3375. of the Revised Code.	8339

(2) The secretary of state shall notify all libraries of the	8340
location on the internet at which the contribution and	8341
expenditure, contribution and disbursement, deposit and	8342
disbursement, gift and disbursement, or donation and disbursement	8343
information in campaign finance statements required to be made	8344
available online to the public through the internet pursuant to	8345
division (I) of this section may be accessed.	8346

If that location is part of the world wide web and if the	8347
secretary of state has notified a library of that world wide web	8348
location as required by this division, the library shall include a	8349
link to that world wide web location on each internet-connected	8350
computer it maintains that is accessible to the public.	8351

(3) If the system the secretary of state prescribes for the	8352
filing of campaign finance statements by electronic means of	8353
transmission pursuant to division (H)(1) of this section and	8354
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8355
Code includes filing those statements through the internet via the	8356
world wide web, the secretary of state shall notify all libraries	8357
of the world wide web location at which those statements may be	8358
filed.	8359

If those statements may be filed through the internet via the	8360
world wide web and if the secretary of state has notified a	8361
library of that world wide web location as required by this	8362
division, the library shall include a link to that world wide web	8363
location on each internet-connected computer it maintains that is	8364
accessible to the public.	8365

(K) It is an affirmative defense to a complaint or charge	8366
brought against any campaign committee, political action	8367
committee, political contributing entity, legislative campaign	8368
fund, or political party, any individual, partnership, or other	8369
entity, any person making disbursements to pay the direct costs of	8370
producing or airing electioneering communications, or any	8371
treasurer of a transition fund, for the failure to file by	8372
electronic means of transmission a campaign finance statement as	8373
required by this section or section 3517.10, 3517.105, 3517.1011,	8374
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	8375
the following apply to the campaign committee, political action	8376
committee, political contributing entity, legislative campaign	8377
fund, or political party, the individual, partnership, or other	8378
entity, the person making disbursements to pay the direct costs of	8379
producing or airing electioneering communications, or the	8380
treasurer of a transition fund that failed to so file:	8381

(1) The campaign committee, political action committee,	8382
political contributing entity, legislative campaign fund, or	8383
political party, the individual, partnership, or other entity, the	8384
person making disbursements to pay the direct costs of producing	8385
or airing electioneering communications, or the treasurer of a	8386
transition fund attempted to file by electronic means of	8387
transmission the required statement prior to the deadline set	8388
forth in the applicable section.	8389

(2) The campaign committee, political action committee,	8390
political contributing entity, legislative campaign fund, or	8391
political party, the individual, partnership, or other entity, the	8392
person making disbursements to pay the direct costs of producing	8393
or airing electioneering communications, or the treasurer of a	8394
transition fund was unable to file by electronic means of	8395
transmission due to an expected or unexpected shutdown of the	8396
whole or part of the electronic campaign finance statement-filing	8397
system, such as for maintenance or because of hardware, software,	8398
or network connection failure.	8399

(3) The campaign committee, political action committee,	8400
political contributing entity, legislative campaign fund, or	8401
political party, the individual, partnership, or other entity, the	8402
person making disbursements to pay the direct costs of producing	8403
or airing electioneering communications, or the treasurer of a	8404
transition fund filed by electronic means of transmission the	8405
required statement within a reasonable period of time after being	8406
unable to so file it under the circumstance described in division	8407
(K)(2) of this section.	8408

(L)(1) The secretary of state shall adopt rules pursuant to	8409
Chapter 119. of the Revised Code to permit a campaign committee of	8410
a candidate for statewide office that makes expenditures of less	8411
than twenty-five thousand dollars during the filing period or a	8412
campaign committee for the office of member of the general	8413
assembly or the office of judge of a court of appeals that would	8414
otherwise be required to file campaign finance statements by	8415
electronic means of transmission under division (E) or (F) of this	8416
section to file those statements by paper with the office of the	8417
secretary of state. Those rules shall provide for all of the	8418
following:	8419

(a) An eligible campaign committee that wishes to file a	8420
campaign finance statement by paper instead of by electronic means	8421
of transmission shall file the statement on paper with the office	8422
of the secretary of state not sooner than twenty-four hours after	8423
the end of the filing period set forth in section 3517.10 of the	8424
Revised Code that is covered by the applicable statement.	8425

(b) The statement shall be accompanied by a fee, the amount	8426
of which the secretary of state shall determine by rule. The	8427
amount of the fee established under this division shall not exceed	8428
the data entry and data verification costs the secretary of state	8429
will incur to convert the information on the statement to an	8430
electronic format as required under division (I) of this section.	8431

(c) The secretary of state shall arrange for the information	8432
in campaign finance statements filed pursuant to division (L) of	8433
this section to be made available online to the public through the	8434
internet in the same manner, and at the same times, as information	8435
is made available under divisions (E), (F), and (I) of this	8436
section for candidates whose campaign committees file those	8437
statements by electronic means of transmission.	8438

(d) The candidate of an eligible campaign committee that	8439
intends to file a campaign finance statement pursuant to division	8440
(L) of this section shall file a notice indicating that the	8441
candidate's campaign committee intends to so file and stating that	8442
filing the statement by electronic means of transmission would	8443
constitute a hardship for the candidate or for the eligible	8444
campaign committee.	8445

(e) An eligible campaign committee that files a campaign	8446
finance statement on paper pursuant to division (L) of this	8447
section shall review the contribution and information made	8448
available online by the secretary of state with respect to that	8449
paper filing and shall notify the secretary of state of any errors	8450
with respect to that filing that appear in the data made available	8451
on that web site.	8452

(f) If an eligible campaign committee whose candidate has	8453
filed a notice in accordance with rules adopted under division	8454
(L)(1)(d) of this section subsequently fails to file that	8455
statement on paper by the applicable deadline established in rules	8456
adopted under division (L)(1)(a) of this section, penalties for	8457
the late filing of the campaign finance statement shall apply to	8458
that campaign committee for each day after that paper filing	8459
deadline, as if the campaign committee had filed the statement	8460
after the applicable deadline set forth in division (A) of section	8461
3517.10 of the Revised Code.	8462

(2) The process for permitting campaign committees that would	8463
otherwise be required to file campaign finance statements by	8464
electronic means of transmission to file those statements on paper	8465
with the office of the secretary of state that is required to be	8466
developed under division (L)(1) of this section shall be in effect	8467
and available for use by eligible campaign committees for all	8468
campaign finance statements that are required to be filed on or	8469
after June 30, 2005. Notwithstanding any provision of the Revised	8470
Code to the contrary, if the process the secretary of state is	8471
required to develop under division (L)(1) of this section is not	8472
in effect and available for use on and after June 30, 2005, all	8473
penalties for the failure of campaign committees to file campaign	8474
finance statements by electronic means of transmission shall be	8475
suspended until such time as that process is in effect and	8476
available for use.	8477

(3) Notwithstanding any provision of the Revised Code to the	8478
contrary, any eligible campaign committee that files campaign	8479
finance statements on paper with the office of the secretary of	8480
state pursuant to division (L)(1) of this section shall be deemed	8481
to have filed those campaign finance statements by electronic	8482
means of transmission to the office of the secretary of state.	8483

Sec. 3517.1011. (A) As used in this section:

8484

(1) "Address" has the same meaning as in section 3517.10 of	8485
the Revised Code.	8486

(2) "Broadcast, cable, or satellite communication" means a	8487
communication that is publicly distributed by a television	8488
station, radio station, cable television system, or satellite	8489
system.	8490

(3) "Candidate" has the same meaning as in section 3501.01 of	8491
the Revised Code;.	8492

(4) "Contribution" means any loan, gift, deposit, forgiveness	8493
of indebtedness, donation, advance, payment, or transfer of funds	8494
or of anything of value, including a transfer of funds from an	8495
inter vivos or testamentary trust or decedent's estate, and the	8496
payment by any person other than the person to whom the services	8497
are rendered for the personal services of another person, that is	8498
made, received, or used to pay the direct costs of producing or	8499
airing electioneering communications.	8500

(5)(a) "Coordinated electioneering communication" means any	8501
electioneering communication that is made pursuant to any	8502
arrangement, coordination, or direction by a candidate or a	8503
candidate's campaign committee, by an officer, agent, employee, or	8504
consultant of a candidate or a candidate's campaign committee, or	8505
by a former officer, former agent, former employee, or former	8506
consultant of a candidate or a candidate's campaign committee	8507
prior to the airing, broadcasting, or cablecasting of the	8508
communication. An electioneering communication is presumed to be a	8509
"coordinated electioneering communication" when it is either of	8510
the following:	8511

(i) Based on information about a candidate's plans, projects,	8512
or needs provided to the person making the disbursement by the	8513
candidate or the candidate's campaign committee, by an officer,	8514
agent, employee, or consultant of the candidate or the candidate's	8515
campaign committee, or by a former officer, former agent, former	8516
employee, or former consultant of the candidate or the candidate's	8517
campaign committee, with a view toward having the communication	8518
made;	8519

(ii) Made by or through any person who is, or has been,	8520
authorized to raise or expend funds on behalf of a candidate or	8521
the candidate's campaign committee, who is, or has been, an	8522
officer, agent, employee, or consultant of the candidate or of the	8523
candidate's campaign committee, or who is, or has been, receiving	8524
any form of compensation or reimbursement from the candidate or	8525
the candidate's campaign committee or from an officer, agent,	8526
employee, or consultant of the candidate or of the candidate's	8527
campaign committee.	8528

(b) An electioneering communication shall not be presumed to	8529
be a "coordinated electioneering communication" under division	8530
(A)(5)(a)(ii) of this section if the communication is made through	8531
any person who provides a service that does not affect the content	8532
of the communication, such as communications placed through the	8533
efforts of a media buyer, unless that person also affects the	8534
content of the communication.	8535

(6) "Disclosure date" means both of the following:

8536

(a) The first date during any calendar year by which a person	8537
makes disbursements for the direct costs of producing or airing	8538
electioneering communications aggregating in excess of ten	8539
thousand dollars;	8540

(b) The same day of the week of each remaining week in the	8541
same calendar year as the day of the week of the initial	8542
disclosure date established under division (A)(6)(a) of this	8543
section, if, during that remaining week, the person makes	8544
disbursements for the direct costs of producing or airing	8545
electioneering communications aggregating in excess of one dollar.	8546

(7)(a) "Electioneering communication" means any broadcast,	8547
cable, or satellite communication that refers to a clearly	8548
identified candidate and that is made during either of the	8549
following periods of time:	8550

(i) If the person becomes a candidate before the day of the	8551
primary election at which candidates will be nominated for	8552
election to that office, between the date that the person becomes	8553
a candidate and the thirtieth day prior to that primary election,	8554
and between the date of the primary election and the thirtieth day	8555
prior to the general election at which a candidate will be elected	8556
to that office;	8557

(ii) If the person becomes a candidate after the day of the	8558
primary election at which candidates were nominated for election	8559
to that office, between the date of the primary election and the	8560
thirtieth day prior to the general election at which a candidate	8561
will be elected to that office.	8562

(b) "Electioneering communication" does not include any of	8563
the following:	8564

(i) A communication that is publicly disseminated through a	8565
means of communication other than a broadcast, cable, or satellite	8566
television or radio station. For example, "electioneering	8567
communication" does not include communications appearing in print	8568
media, including a newspaper or magazine, handbill, brochure,	8569
bumper sticker, yard sign, poster, billboard, and other written	8570
materials, including mailings; communications over the internet,	8571
including electronic mail; or telephone communications.	8572

(ii) A communication that appears in a news story,	8573
commentary, public service announcement, bona fide news	8574
programming, or editorial distributed through the facilities of	8575
any broadcast, cable, or satellite television or radio station,	8576
unless those facilities are owned or controlled by any political	8577
party, political committee, or candidate;	8578

(iii) A communication that constitutes an expenditure or an	8579
independent expenditure under section 3517.01 of the Revised Code;	8580

(iv) A communication that constitutes a candidate debate or	8581
forum or that solely promotes a candidate debate or forum and is	8582
made by or on behalf of the person sponsoring the debate or forum.	8583

(8) "Filing date" has the same meaning as in section 3517.109	8584
of the Revised Code.	8585

(9) "Immigration and Nationality Act" means the Immigration	8586
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	8587
as amended.	8588

(10) "Person" has the same meaning as in section 1.59 of the	8589
Revised Code and includes any political organization considered	8590
exempt from income taxation under section 527 of the Internal	8591
Revenue Code.	8592

(11) "Political committee" means any of the following:

8593

(a) Any committee, club, association, or other group of	8594
persons that receives contributions aggregating in excess of one	8595
thousand dollars during a calendar year or that makes expenditures	8596
aggregating in excess of one thousand dollars during a calendar	8597
year;	8598

(b) Any separate segregated fund;

8599

(c) Any state, county, or local committee of a political	8600
party that does any of the following:	8601

(i) Receives contributions aggregating in excess of five	8602
thousand dollars during a calendar year;	8603

(ii) Makes payments that do not constitute contributions or	8604
expenditures aggregating in excess of five thousand dollars during	8605
a calendar year;	8606

(iii) Makes contributions or expenditures aggregating in	8607
excess of one thousand dollars during a calendar year.	8608

(12) "Publicly distributed" means aired, broadcast,	8609
cablecast, or otherwise disseminated for a fee.	8610

(13) "Refers to a clearly identified candidate" means that	8611
the candidate's name, nickname, photograph, or drawing appears, or	8612
the identity of the candidate is otherwise apparent through an	8613
unambiguous reference to the person such as "the chief justice,"	8614
"the governor," "member of the Ohio senate," "member of the Ohio	8615
house of representatives," "county auditor," "mayor," or "township	8616
trustee" or through an unambiguous reference to the person's	8617
status as a candidate.	8618

(B) For the purposes of this section, a person shall be	8619
considered to have made a disbursement if the person has entered	8620
into a contract to make the disbursement.	8621

(C) Any person intending to make a disbursement or	8622
disbursements for the direct costs of producing or airing	8623
electioneering communications, prior to making the first	8624
disbursement for the direct costs of producing or airing an	8625
electioneering communication, shall file a notice with the office	8626
of the secretary of state that the person is intending to make	8627
such disbursements.	8628

(D)(1) Every person that makes a disbursement or	8629
disbursements for the direct costs of producing and airing	8630
electioneering communications aggregating in excess of ten	8631
thousand dollars during any calendar year shall file, within	8632
twenty-four hours of each disclosure date, a disclosure of	8633
electioneering communications statement containing the following	8634
information:	8635

(a) The full name and address of the person making the	8636
disbursement, of any person sharing or exercising direction or	8637
control over the activities of the person making the disbursement,	8638
and of the custodian of the books and accounts of the person	8639
making the disbursement;	8640

(b) The principal place of business of the person making the	8641
disbursement, if not an individual;	8642

(c) The amount of each disbursement of more than one dollar	8643
during the period covered by the statement and the identity of the	8644
person to whom the disbursement was made;	8645

(d) The nominations or elections to which the electioneering	8646
communications pertain and the names, if known, of the candidates	8647
identified or to be identified;	8648

(e) If the disbursements were paid out of a segregated bank	8649
account that consists of funds contributed solely by individuals	8650
who are United States citizens or nationals or lawfully admitted	8651
for permanent residence as defined in section 101(a)(20) of the	8652
Immigration and Nationality Act directly to the account for	8653
electioneering communications, the information specified in	8654
division (D)(2) of this section for all contributors who	8655
contributed an aggregate amount of two hundred dollars or more to	8656
the segregated bank account and whose contributions were used for	8657
making the disbursement or disbursements required to be reported	8658
under division (D) of this section during the period covered by	8659
the statement. Nothing in this division prohibits or shall be	8660
construed to prohibit the use of funds in such a segregated bank	8661
account for a purpose other than electioneering communications.	8662

(f) If the disbursements were paid out of funds not described	8663
in division (D)(1)(e) of this section, the information specified	8664
in division (D)(2) of this section for all contributors who	8665
contributed an aggregate amount of two hundred dollars or more to	8666
the person making the disbursement and whose contributions were	8667
used for making the disbursement or disbursements required to be	8668
reported under division (D) of this section during the period	8669
covered by the statement.	8670

(2) For each contributor for which information is required to	8671
be reported under division (D)(1)(e) or (f) of this section, all	8672
of the following shall be reported:	8673

(a) The month, day, and year that the contributor made the	8674
contribution or contributions aggregating two hundred dollars or	8675
more;	8676

(b)(i) The full name and address of the contributor, and, if	8677
the contributor is a political action committee, the registration	8678
number assigned to the political action committee under division	8679
(D)(1) of section 3517.10 of the Revised Code;	8680

(ii) If the contributor is an individual, the name of the	8681
individual's current employer, if any, or, if the individual is	8682
self-employed, the individual's occupation and the name of the	8683
individual's business, if any;	8684

(iii) If the contribution is transmitted pursuant to section	8685
3599.031 of the Revised Code from amounts deducted from the wages	8686
and salaries of two or more employees that exceed in the aggregate	8687
one hundred dollars during the period specified in division	8688
(D)(1)(e) or (f) of this section, as applicable, the full name of	8689
the employees' employer and the full name of the labor	8690
organization of which the employees are members, if any.	8691

8692

(d) The value in dollars and cents of the contribution.

8693

(3) Subject to the secretary of state having implemented,	8694
tested, and verified the successful operation of any system the	8695
secretary of state prescribes pursuant to divisions (C)(6)(b) and	8696
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	8697
of the Revised Code for the filing of campaign finance statements	8698
by electronic means of transmission, a person shall file the	8699
disclosure of electioneering communications statement prescribed	8700
under divisions (D)(1) and (2) of this section by electronic means	8701
of transmission to the office of the secretary of state.	8702

Within five business days after the secretary of state	8703
receives a disclosure of electioneering communications statement	8704
under this division, the secretary of state shall make available	8705
online to the public through the internet, as provided in division	8706
(I) of section 3517.106 of the Revised Code, the contribution and	8707
disbursement information in that statement.	8708

If a filed disclosure of electioneering communications	8709
statement is found to be incomplete or inaccurate after its	8710
examination for completeness and accuracy pursuant to division	8711
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	8712
file by electronic means of transmission to the office of the	8713
secretary of state any addendum, amendment, or other correction to	8714
the statement that provides the information necessary to complete	8715
or correct the statement or, if required by the secretary of state	8716
under that division, an amended statement.	8717

Within five business days after the secretary of state	8718
receives an addendum, amendment, or other correction to a	8719
disclosure of electioneering communications statement or an	8720
amended statement by electronic means of transmission under this	8721
division or division (B)(3)(a) of section 3517.11 of the Revised	8722
Code, the secretary of state shall make the contribution and	8723
disbursement information in the addendum, amendment, or other	8724
correction to the statement or amended statement available online	8725
to the public through the internet as provided in division (I) of	8726
section 3517.106 of the Revised Code.	8727

(E)(1) Any person who makes a contribution for the purpose of	8728
funding the direct costs of producing or airing an electioneering	8729
communication under this section shall provide the person's full	8730
name and address to the recipient of the contribution at the time	8731
the contribution is made.	8732

(2) Any individual who makes a contribution or contributions	8733
aggregating two hundred dollars or more for the purpose of funding	8734
the direct costs of producing or airing an electioneering	8735
communication under this section shall provide the name of the	8736
individual's current employer, if any, or, if the individual is	8737
self-employed, the individual's occupation and the name of the	8738
individual's business, if any, to the recipient of the	8739
contribution at the time the contribution is made.	8740

(F) In each electioneering communication, a statement shall	8741
appear or be presented in a clear and conspicuous manner that does	8742
both of the following:	8743

(1) Clearly indicates that the electioneering communication	8744
is not authorized by the candidate or the candidate's campaign	8745
committee;	8746

(2) Clearly identifies the person making the disbursement for	8747
the electioneering communication in accordance with section	8748
3517.20 of the Revised Code.	8749

(G) Any coordinated electioneering communication is an	8750
in-kind contribution, subject to the applicable contribution	8751
limits prescribed in section 3517.102 of the Revised Code, to the	8752
candidate by the person making disbursements to pay the direct	8753
costs of producing or airing the communication.	8754

~~(H) No person shall make, during the thirty days preceding a~~	8755
~~primary election or during the thirty days preceding a general~~	8756
~~election, any broadcast, cable, or satellite communication that~~	8757
~~refers to a clearly identified candidate using any contributions~~	8758
~~received from a corporation or labor organization.~~	8759

Sec. 3517.11. (A)(1) Campaign committees of candidates for	8760
statewide office or the state board of education, political action	8761
committees or political contributing entities that make	8762
contributions to campaign committees of candidates that are	8763
required to file the statements prescribed by section 3517.10 of	8764
the Revised Code with the secretary of state, political action	8765
committees or political contributing entities that make	8766
contributions to campaign committees of candidates for member of	8767
the general assembly, political action committees or political	8768
contributing entities that make contributions to state and	8769
national political parties and to legislative campaign funds,	8770
political action committees or political contributing entities	8771
that receive contributions or make expenditures in connection with	8772
a statewide ballot issue, political action committees or political	8773
contributing entities that make contributions to other political	8774
action committees or political contributing entities, political	8775
parties, and campaign committees, except as set forth in division	8776
(A)(3) of this section, legislative campaign funds, and state and	8777
national political parties shall file the statements prescribed by	8778
section 3517.10 of the Revised Code with the secretary of state.	8779

(2)(a) Except as otherwise provided in division (F) of	8780
section 3517.106 of the Revised Code, campaign committees of	8781
candidates for all other offices shall file the statements	8782
prescribed by section 3517.10 of the Revised Code with the board	8783
of elections where their candidates are required to file their	8784
petitions or other papers for nomination or election.	8785

(b) A campaign committee of a candidate for office of member	8786
of the general assembly or a campaign committee of a candidate for	8787
the office of judge of a court of appeals shall file two copies of	8788
the printed version of any statement, addendum, or amended	8789
statement if the committee does not file pursuant to division	8790
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	8791
printed version only with the appropriate board of elections. The	8792
board of elections shall send one of those copies by ~~certified~~	8793
mail or an electronic copy to the secretary of state before the	8794
close of business on the day the board of elections receives the	8795
statement, addendum, or amended statement.	8796

(3) Political action committees or political contributing	8797
entities that only contribute to a county political party,	8798
contribute to campaign committees of candidates whose nomination	8799
or election is to be submitted only to electors within a county,	8800
subdivision, or district, excluding candidates for member of the	8801
general assembly, and receive contributions or make expenditures	8802
in connection with ballot questions or issues to be submitted only	8803
to electors within a county, subdivision, or district shall file	8804
the statements prescribed by section 3517.10 of the Revised Code	8805
with the board of elections in that county or in the county	8806
contained in whole or part within the subdivision or district	8807
having a population greater than that of any other county	8808
contained in whole or part within that subdivision or district, as	8809
the case may be.	8810

(4) Except as otherwise provided in division (E)(3) of	8811
section 3517.106 of the Revised Code with respect to state	8812
candidate funds, county political parties shall file the	8813
statements prescribed by section 3517.10 of the Revised Code with	8814
the board of elections of their respective counties.	8815

(B)(1) The official with whom petitions and other papers for	8816
nomination or election to public office are filed shall furnish	8817
each candidate at the time of that filing a copy of sections	8818
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	8819
3599.031 of the Revised Code and any other materials that the	8820
secretary of state may require. Each candidate receiving the	8821
materials shall acknowledge their receipt in writing.	8822

(2) On or before the tenth day before the dates on which	8823
statements are required to be filed by section 3517.10 of the	8824
Revised Code, every candidate subject to the provisions of this	8825
section and sections 3517.10 and 3517.106 of the Revised Code	8826
shall be notified of the requirements and applicable penalties of	8827
those sections. The secretary of state, by certified mail, return	8828
receipt requested, shall notify all candidates required to file	8829
those statements with the secretary of state's office. The board	8830
of elections of every county shall notify by first class mail any	8831
candidate who has personally appeared at the office of the board	8832
on or before the tenth day before the statements are required to	8833
be filed and signed a form, to be provided by the secretary of	8834
state, attesting that the candidate has been notified of the	8835
candidate's obligations under the campaign finance law. The board	8836
shall forward the completed form to the secretary of state. The	8837
board shall use certified mail, return receipt requested, to	8838
notify all other candidates required to file those statements with	8839
it.	8840

(3)(a) Any statement required to be filed under sections	8841
3517.081 to 3517.17 of the Revised Code that is found to be	8842
incomplete or inaccurate by the officer to whom it is submitted	8843
shall be accepted on a conditional basis, and the person who filed	8844
it shall be notified by certified mail as to the incomplete or	8845
inaccurate nature of the statement. The secretary of state may	8846
examine statements filed for candidates for the office of member	8847
of the general assembly and candidates for the office of judge of	8848
a court of appeals for completeness and accuracy. The secretary of	8849
state shall examine for completeness and accuracy statements that	8850
campaign committees of candidates for the office of member of the	8851
general assembly and campaign committees of candidates for the	8852
office of judge of a court of appeals file pursuant to division	8853
(F) or (L) of section 3517.106 of the Revised Code. If an officer	8854
at the board of elections where a statement filed for a candidate	8855
for the office of member of the general assembly or for a	8856
candidate for the office of judge of a court of appeals was	8857
submitted finds the statement to be incomplete or inaccurate, the	8858
officer shall immediately notify the secretary of state of its	8859
incomplete or inaccurate nature. If either an officer at the board	8860
of elections or the secretary of state finds a statement filed for	8861
a candidate for the office of member of the general assembly or	8862
for a candidate for the office of judge of a court of appeals to	8863
be incomplete or inaccurate, only the secretary of state shall	8864
send the notification as to the incomplete or inaccurate nature of	8865
the statement.	8866

Within twenty-one days after receipt of the notice, in the	8867
case of a pre-election statement, a postelection statement, a	8868
monthly statement, an annual statement, or a semiannual statement	8869
prescribed by section 3517.10, an annual statement prescribed by	8870
section 3517.101, or a statement prescribed by division (B)(2)(b)	8871
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	8872
Revised Code, the recipient shall file an addendum, amendment, or	8873
other correction to the statement providing the information	8874
necessary to complete or correct the statement. The secretary of	8875
state may require that, in lieu of filing an addendum, amendment,	8876
or other correction to a statement that is filed by electronic	8877
means of transmission to the office of the secretary of state	8878
pursuant to section 3517.106 of the Revised Code, the recipient of	8879
the notice described in this division file by electronic means of	8880
transmission an amended statement that incorporates the	8881
information necessary to complete or correct the statement.	8882

The secretary of state shall determine by rule when an	8883
addendum, amendment, or other correction to any of the following	8884
or when an amended statement of any of the following shall be	8885
filed:	8886

(i) A two-business-day statement prescribed by section	8887
3517.10 of the Revised Code;	8888

(ii) A disclosure of electioneering communications statement	8889
prescribed by division (D) of section 3517.1011 of the Revised	8890
Code;	8891

(iii) A deposit and disbursement statement prescribed under	8892
division (B) of section 3517.1012 of the Revised Code;	8893

(iv) A gift and disbursement statement prescribed under	8894
section 3517.1013 of the Revised Code;	8895

(v) A donation and disbursement statement prescribed under	8896
section 3517.1014 of the Revised Code.	8897

An addendum, amendment, or other correction to a statement	8898
that is filed by electronic means of transmission pursuant to	8899
section 3517.106 of the Revised Code shall be filed in the same	8900
manner as the statement.	8901

The provisions of sections 3517.10, 3517.106, 3517.1011,	8902
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	8903
to the filing of statements of contributions and expenditures,	8904
statements of independent expenditures, disclosure of	8905
electioneering communications statements, deposit and disbursement	8906
statements, gift and disbursement statements, and donation and	8907
disbursement statements by electronic means of transmission apply	8908
to the filing of addenda, amendments, or other corrections to	8909
those statements by electronic means of transmission and the	8910
filing of amended statements by electronic means of transmission.	8911

(b) Within five business days after the secretary of state	8912
receives, by electronic or other means of transmission, an	8913
addendum, amendment, or other correction to a statement or an	8914
amended statement under division (B)(3)(a) of this section, the	8915
secretary of state, pursuant to divisions (E), (F), (G), and (I)	8916
of section 3517.106 or division (D) of section 3517.1011 of the	8917
Revised Code, shall make the contribution and expenditure,	8918
contribution and disbursement, deposit and disbursement, gift and	8919
disbursement, or donation and disbursement information in that	8920
addendum, amendment, correction, or amended statement available	8921
online to the public through the internet.	8922

(4)(a) The secretary of state or the board of elections shall	8923
examine all statements for compliance with sections 3517.08 to	8924
3517.17 of the Revised Code.	8925

(b) The secretary of state may contract with an individual or	8926
entity not associated with the secretary of state and experienced	8927
in interpreting the campaign finance law of this state to conduct	8928
examinations of statements filed by any statewide candidate, as	8929
defined in section 3517.103 of the Revised Code.	8930

(c) The examination shall be conducted by a person or entity	8931
qualified to conduct it. The results of the examination shall be	8932
available to the public, and, when the examination is conducted by	8933
an individual or entity not associated with the secretary of	8934
state, the results of the examination shall be reported to the	8935
secretary of state.	8936

(C)(1) In the event of a failure to file or a late filing of	8937
a statement required to be filed under sections 3517.081 to	8938
3517.17 of the Revised Code, or if a filed statement or any	8939
addendum, amendment, or other correction to a statement or any	8940
amended statement, if an addendum, amendment, or other correction	8941
or an amended statement is required to be filed, is incomplete or	8942
inaccurate or appears to disclose a failure to comply with or a	8943
violation of law, the official whose duty it is to examine the	8944
statement shall promptly file a complaint with the Ohio elections	8945
commission under section 3517.153 of the Revised Code if the law	8946
is one over which the commission has jurisdiction to hear	8947
complaints, or the official shall promptly report the failure or	8948
violation to the board of elections and the board shall promptly	8949
report it to the prosecuting attorney in accordance with division	8950
(J) of section 3501.11 of the Revised Code. If the official files	8951
a complaint with the commission, the commission shall proceed in	8952
accordance with sections 3517.154 to 3517.157 of the Revised Code.	8953

(2) For purposes of division (C)(1) of this section, a	8954
statement or an addendum, amendment, or other correction to a	8955
statement or an amended statement required to be filed under	8956
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	8957
inaccurate under this section if the statement, addendum,	8958
amendment, other correction, or amended statement fails to	8959
disclose substantially all contributions, gifts, or donations that	8960
are received or deposits that are made that are required to be	8961
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	8962
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	8963
statement, addendum, amendment, other correction, or amended	8964
statement fails to disclose at least ninety per cent of the total	8965
contributions, gifts, or donations received or deposits made or of	8966
the total expenditures or disbursements made during the reporting	8967
period.	8968

(D) No certificate of nomination or election shall be issued	8969
to a person, and no person elected to an office shall enter upon	8970
the performance of the duties of that office, until that person or	8971
that person's campaign committee, as appropriate, has fully	8972
complied with this section and sections 3517.08, 3517.081,	8973
3517.10, and 3517.13 of the Revised Code.	8974

Sec. 3517.153. (A) Upon the filing of a complaint with the	8975
Ohio elections commission, which shall be made by affidavit of any	8976
person, on personal knowledge, and subject to the penalties for	8977
perjury, or upon the filing of a complaint made by the secretary	8978
of state or an official at the board of elections, setting forth a	8979
failure to comply with or a violation of any provision in sections	8980
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	8981
or 3599.031 of the Revised Code, the commission shall proceed in	8982
accordance with sections 3517.154 to 3517.157 of the Revised Code.	8983

(B) The commission shall prescribe the form for complaints	8984
made under division (A) of this section. The secretary of state	8985
and boards of elections shall furnish the information that the	8986
commission requests. The commission or a member of the commission	8987
may administer oaths, and the commission may issue subpoenas to	8988
any person in the state compelling the attendance of witnesses and	8989
the production of relevant papers, books, accounts, and reports.	8990
Section 101.42 of the Revised Code governs the issuance of	8991
subpoenas insofar as applicable. Upon the refusal of any person to	8992
obey a subpoena or to be sworn or to answer as a witness, the	8993
commission may apply to the court of common pleas of Franklin	8994
county under section 2705.03 of the Revised Code. The court shall	8995
hold proceedings in accordance with Chapter 2705. of the Revised	8996
Code.	8997

(C) No prosecution shall commence for a violation of a	8998
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	8999
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	9000
unless a complaint has been filed with the commission under this	9001
section and all proceedings of the commission or a panel of the	9002
commission, as appropriate, under sections 3517.154 to 3517.157 of	9003
the Revised Code are completed.	9004

(D) The commission may recommend legislation and render	9005
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	9006
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	9007
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	9008
over whose acts it has or may have jurisdiction. When the	9009
commission renders an advisory opinion relating to a specific set	9010
of circumstances involving any of those sections stating that	9011
there is no violation of a provision in those sections, the person	9012
to whom the opinion is directed or a person who is similarly	9013
situated may reasonably rely on the opinion and is immune from	9014
criminal prosecution and a civil action, including, without	9015
limitation, a civil action for removal from public office or	9016
employment, based on facts and circumstances covered by the	9017
opinion.	9018

(E) The commission shall establish a web site on which it	9019
shall post, at a minimum, all decisions and advisory opinions	9020
issued by the commission and copies of each election law as it is	9021
amended by the general assembly. The commission shall update the	9022
web site regularly to reflect any changes to those decisions and	9023
advisory opinions and any new decisions and advisory opinions.	9024

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	9025
elections commission shall review each complaint filed with the	9026
commission under section 3517.153 of the Revised Code, shall	9027
determine the nature of the complaint, and, unless division	9028
(A)(2)(a) of this section requires that the complaint receive an	9029
automatic expedited hearing, shall make a recommendation to the	9030
commission for its disposition, in accordance with this section.	9031
The attorney shall make the determination and the recommendation,	9032
if required, not later than one business day after the complaint	9033
is filed.	9034

(2)(a) If the attorney determines that the complaint sets	9035
forth a violation of division (B) of section 3517.21 or division	9036
(B) of section 3517.22 of the Revised Code and that the complaint	9037
is filed during one of the periods of time specified in division	9038
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	9039
~~complaint sets forth a violation of section 3517.103 of the~~	9040
~~Revised Code or a violation described in division (D) of section~~	9041
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	9042
automatic expedited hearing under section 3517.156 of the Revised	9043
Code.	9044

(b) If the attorney determines that the complaint sets forth	9045
a failure to comply with or a violation of division (G), (I), (J),	9046
(O), (P), or (Q) of section 3517.13, division (A) of section	9047
3517.21, or division (A) of section 3517.22 of the Revised Code	9048
and that the complaint is filed during one of the periods of time	9049
specified in division (B)(1) of section 3517.156 of the Revised	9050
Code, the attorney shall recommend to the commission that the	9051
complaint receive an expedited hearing under section 3517.156 of	9052
the Revised Code, and the complaint shall receive such a hearing.	9053

(c) If the attorney determines that the complaint sets forth	9054
a failure to comply with or a violation of a section of the	9055
Revised Code over which the commission has jurisdiction to hear	9056
complaints other than the sections described in divisions	9057
(A)(2)(a) and (b) of this section, and unless the attorney makes a	9058
determination as provided for in division (A)(3) of this section,	9059
the attorney shall recommend to the commission that the complaint	9060
be submitted to the commission under section 3517.155 of the	9061
Revised Code. After the attorney makes that recommendation, the	9062
attorney shall notify all parties to the complaint of the	9063
attorney's recommendation.	9064

(3)(a) If a complaint sets forth a failure to comply with or	9065
a violation of a section of the Revised Code over which the	9066
commission has jurisdiction to hear complaints other than the	9067
sections described in divisions (A)(2)(a) and (b) of this section	9068
and if the complaint is filed during one of the periods of time	9069
specified in division (B)(1) of section 3517.156 of the Revised	9070
Code, the attorney may determine that the complaint should receive	9071
an expedited hearing under that section. The attorney shall make	9072
that determination by considering one or more of the following:	9073

(i) The number of prior failures to comply with or violations	9074
of Title XXXV of the Revised Code that the person or entity	9075
against whom the complaint has been brought has committed and any	9076
prior penalties the commission has imposed on the person or	9077
entity;	9078

(ii) If the complaint involves a statement required to be	9079
filed under section 3517.10, division (E) of section 3517.102, or	9080
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9081
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	9082
addendum required to be filed under section 3517.11 of the Revised	9083
Code that is filed late, how late the filing is and how much time	9084
has elapsed between the deadline for filing the statement or	9085
addendum and the filing of the complaint;	9086

(iii) If the complaint involves contributions and	9087
expenditures, contributions and disbursements, deposits and	9088
disbursements, gifts and disbursements, or donations and	9089
disbursements required to be reported under section 3517.10,	9090
division (E) of section 3517.102, or section 3517.105, 3517.107,	9091
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	9092
of the Revised Code that are either not reported or reported late,	9093
the number of contributions and expenditures, contributions and	9094
disbursements, deposits and disbursements, gifts and	9095
disbursements, or donations and disbursements not reported or how	9096
late they were reported;	9097

(iv) If the complaint involves contributions required to be	9098
reported by a campaign committee under section 3517.10, division	9099
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	9100
or 3517.109 of the Revised Code that are not reported, whether any	9101
of the contributors of the contributions not reported have a	9102
personal or professional relationship with the campaign	9103
committee's candidate;	9104

(v) If the complaint involves a statement required to be	9105
filed under section 3517.10, division (E) of section 3517.102, or	9106
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9107
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	9108
that is incomplete, the degree to which it is incomplete;	9109

(vi) If the complaint involves the receipt of contributions	9110
in violation of section 3599.03 of the Revised Code, the dollar	9111
amount and number of contributions received in violation of that	9112
section;	9113

(vii) If the complaint involves a failure to make the	9114
identification or a misstatement of the identification required	9115
under section 3517.105 or 3517.20 of the Revised Code, whether the	9116
failure or misstatement was purposely made;	9117

(viii) If the complaint sets forth a failure to comply with	9118
or a violation of a section of the Revised Code described in	9119
division (A)(2)(c) of this section, whether the person or entity	9120
against whom the complaint has been made has committed more than	9121
one such failure or violation within a reasonable amount of time,	9122
or whether the cumulative nature of the failures or violations	9123
indicates a systematic disregard for the law.	9124

(b) Prior to making a determination under division (A)(3)(a)	9125
of this section that the complaint should receive an expedited	9126
hearing under section 3517.156 of the Revised Code, the attorney	9127
shall take into consideration the number of panels of the	9128
commission that have cases pending before them and the number of	9129
cases pending before the panels and shall not make a determination	9130
that will place an undue burden on a panel of the commission.	9131

(c) If the attorney determines that the complaint should	9132
receive an expedited hearing under section 3517.156 of the Revised	9133
Code, the attorney shall recommend to the commission that the	9134
complaint receive an expedited hearing, and, if a majority of the	9135
members of the commission agrees with the recommendation, the	9136
complaint shall receive an expedited hearing under that section.	9137

(4) The attorney may join two or more complaints if the	9138
attorney determines that the allegations in each complaint are of	9139
the same or similar character, are based on the same act or	9140
failure to act, or are based on two or more acts or failures to	9141
act constituting parts of a common scheme or plan. If one	9142
complaint contains two or more allegations, the attorney may	9143
separate the allegations if they are not of the same or similar	9144
character, if they are not based on the same act or failure to	9145
act, or if they are not based on two or more acts or failures to	9146
act constituting parts of a common scheme or plan. If the attorney	9147
separates the allegations in a complaint, the attorney may make	9148
separate recommendations under division (A)(2) or (3) of this	9149
section for each allegation.	9150

(B) Whenever a person or other entity files a complaint with	9151
the commission setting forth a failure to comply with or a	9152
violation of a section of the Revised Code as described in	9153
division (A)(2)(c) of this section and the complaint is filed	9154
during one of the periods of time specified in division (B)(1) of	9155
section 3517.156 of the Revised Code, the person or entity may	9156
request an expedited hearing under that section at the time the	9157
complaint is filed. The attorney for the commission shall inform	9158
the members of the commission of that request at the time the	9159
attorney makes a recommendation under division (A) of this	9160
section. The commission may grant the request for an expedited	9161
hearing under this division if it determines that an expedited	9162
hearing is practicable.	9163

Sec. 3517.155. (A)(1) Except as otherwise provided in	9164
division (B) of this section, the Ohio elections commission shall	9165
hold its first hearing on a complaint filed with it, other than a	9166
complaint that receives an expedited hearing under section	9167
3517.156 of the Revised Code, not later than ninety business days	9168
after the complaint is filed unless the commission has good cause	9169
to hold the hearing after that time, in which case it shall hold	9170
the hearing not later than one hundred eighty business days after	9171
the complaint is filed. At the hearing, the commission shall	9172
determine whether or not the failure to act or the violation	9173
alleged in the complaint has occurred and shall do only one of the	9174
following, except as otherwise provided in division (B) of this	9175
section or in division (B) of section 3517.151 of the Revised	9176
Code:	9177

(a) Enter a finding that good cause has been shown not to	9178
impose a fine or not to refer the matter to the appropriate	9179
prosecutor;	9180

(b) Impose a fine under section 3517.993 of the Revised Code;

9181

9182

~~(d) Direct the secretary of state or appropriate board of~~	9183
~~elections with the authority to certify a candidate to the ballot~~	9184
~~to remove a candidate's name from the ballot if the candidate is~~	9185
~~barred from the ballot under division (D) of section 3517.1010 of~~	9186
~~the Revised Code~~.	9187

(2) As used in division (A) of this section, "appropriate	9188
prosecutor" means a prosecutor as defined in section 2935.01 of	9189
the Revised Code and either of the following:	9190

(a) In the case of a failure to comply with or a violation of	9191
law involving a campaign committee or the committee's candidate, a	9192
political party, a legislative campaign fund, a political action	9193
committee, or a political contributing entity, that is required to	9194
file a statement of contributions and expenditures with the	9195
secretary of state under division (A) of section 3517.11 of the	9196
Revised Code, the prosecutor of Franklin county;	9197

(b) In the case of a failure to comply with or a violation of	9198
law involving any other campaign committee or committee's	9199
candidate, or any other political party, political action	9200
committee, or political contributing entity either of the	9201
following as determined by the commission:	9202

(i) The prosecutor of Franklin county;

9203

(ii) The prosecutor of the county in which the candidacy or	9204
ballot question or issue is submitted to the electors or, if it is	9205
submitted in more than one county, the most populous of those	9206
counties.	9207

(B) If the commission decides that the evidence is	9208
insufficient for it to determine whether or not the failure to act	9209
or the violation alleged in the complaint has occurred, the	9210
commission, by the affirmative vote of five members, may request	9211
that an investigatory attorney investigate the complaint. Upon	9212
that request, an investigatory attorney shall make an	9213
investigation in order to produce sufficient evidence for the	9214
commission to decide the matter. If the commission requests an	9215
investigation under this division, for good cause shown by the	9216
investigatory attorney, the commission may extend by sixty days	9217
the deadline for holding its first hearing on the complaint as	9218
required in division (A) of this section.	9219

(C) The commission shall take one of the actions required	9220
under division (A) of this section not later than thirty days	9221
after the close of all the evidence presented.	9222

(D)(1) The commission shall make any finding of a failure to	9223
comply with or a violation of law in regard to a complaint that	9224
alleges a violation of ~~division (D) of section 3517.1010,~~ division	9225
(A) or (B) of section 3517.21, or division (A) or (B) of section	9226
3517.22 of the Revised Code by clear and convincing evidence. The	9227
commission shall make any finding of a failure to comply with or a	9228
violation of law in regard to any other complaint by a	9229
preponderance of the evidence.	9230

(2) If the commission finds a violation of division (B) of	9231
section 3517.21 or division (B) of section 3517.22 of the Revised	9232
Code, it shall refer the matter to the appropriate prosecutor	9233
under division (A)(1)(c) of this section and shall not impose a	9234
fine under division (A)(1)(b) of this section or section 3517.993	9235
of the Revised Code.	9236

(E) In an action before the commission or a panel of the	9237
commission, if the allegations of the complainant are not proved,	9238
and the commission takes the action described in division	9239
(A)(1)(a) of this section or a panel of the commission takes the	9240
action described in division (C)(1) of section 3517.156 of the	9241
Revised Code, the commission or a panel of the commission may find	9242
that the complaint is frivolous, and, if the commission or panel	9243
so finds, the commission shall order the complainant to pay	9244
reasonable attorney's fees and to pay the costs of the commission	9245
or panel as determined by a majority of the members of the	9246
commission. The costs paid to the commission or panel under this	9247
division shall be deposited into the Ohio elections commission	9248
fund.	9249

Sec. 3517.992. This section establishes penalties only with	9250
respect to acts or failures to act that occur on and after August	9251
24, 1995.	9252

(A)(1) A candidate whose campaign committee violates division	9253
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	9254
or a treasurer of a campaign committee who violates any of those	9255
divisions, shall be fined not more than one hundred dollars for	9256
each day of violation.	9257

(2) Whoever violates division (E) or (X)(5) of section	9258
3517.13 or division (E)(1) of section 3517.1014 of the Revised	9259
Code shall be fined not more than one hundred dollars for each day	9260
of violation.	9261

(B) A political party that violates division (F)(1) of	9262
section 3517.101 of the Revised Code shall be fined not more than	9263
one hundred dollars for each day of violation.	9264

(C) Whoever violates division (F)(2) of section 3517.101,	9265
division (G) of section 3517.13, or division (E)(2) or (3) of	9266
section 3517.1014 of the Revised Code shall be fined not more than	9267
ten thousand dollars or, if the offender is a person who was	9268
nominated or elected to public office, shall forfeit the	9269
nomination or the office to which the offender was elected, or	9270
both.	9271

(D) Whoever violates division (F) of section 3517.13 of the	9272
Revised Code shall be fined not more than three times the amount	9273
contributed.	9274

(E) Whoever violates division (H) of section 3517.13 of the	9275
Revised Code shall be fined not more than one hundred dollars.	9276

(F) Whoever violates division (O), (P), or (Q) of section	9277
3517.13 of the Revised Code is guilty of a misdemeanor of the	9278
first degree.	9279

(G) A state or county committee of a political party that	9280
violates division (B)(1) of section 3517.18 of the Revised Code	9281
shall be fined not more than twice the amount of the improper	9282
expenditure.	9283

(H) A state or county political party that violates division	9284
(G) of section 3517.101 of the Revised Code shall be fined not	9285
more than twice the amount of the improper expenditure or use.	9286

(I)(1) Any individual who violates division (B)(1) of section	9287
3517.102 of the Revised Code and knows that the contribution the	9288
individual makes violates that division shall be fined an amount	9289
equal to three times the amount contributed in excess of the	9290
amount permitted by that division.	9291

(2) Any political action committee that violates division	9292
(B)(2) of section 3517.102 of the Revised Code shall be fined an	9293
amount equal to three times the amount contributed in excess of	9294
the amount permitted by that division.	9295

(3) Any campaign committee that violates division (B)(3) or	9296
(5) of section 3517.102 of the Revised Code shall be fined an	9297
amount equal to three times the amount contributed in excess of	9298
the amount permitted by that division.	9299

(4)(a) Any legislative campaign fund that violates division	9300
(B)(6) of section 3517.102 of the Revised Code shall be fined an	9301
amount equal to three times the amount transferred or contributed	9302
in excess of the amount permitted by that division, as applicable.	9303

(b) Any state political party, county political party, or	9304
state candidate fund of a state political party or county	9305
political party that violates division (B)(6) of section 3517.102	9306
of the Revised Code shall be fined an amount equal to three times	9307
the amount transferred or contributed in excess of the amount	9308
permitted by that division, as applicable.	9309

(c) Any political contributing entity that violates division	9310
(B)(7) of section 3517.102 of the Revised Code shall be fined an	9311
amount equal to three times the amount contributed in excess of	9312
the amount permitted by that division.	9313

(5) Any political party that violates division (B)(4) of	9314
section 3517.102 of the Revised Code shall be fined an amount	9315
equal to three times the amount contributed in excess of the	9316
amount permitted by that division.	9317

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	9318
of this section, no violation of division (B) of section 3517.102	9319
of the Revised Code occurs, and the secretary of state shall not	9320
refer parties to the Ohio elections commission, if the amount	9321
transferred or contributed in excess of the amount permitted by	9322
that division meets either of the following conditions:	9323

(a) It is completely refunded within five business days after	9324
it is accepted.	9325

(b) It is completely refunded on or before the tenth business	9326
day after notification to the recipient of the excess transfer or	9327
contribution by the board of elections or the secretary of state	9328
that a transfer or contribution in excess of the permitted amount	9329
has been received.	9330

(J)(1) Any campaign committee that violates division (C)(1),	9331
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	9332
fined an amount equal to three times the amount accepted in excess	9333
of the amount permitted by that division.	9334

(2)(a) Any county political party that violates division	9335
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	9336
shall be fined an amount equal to three times the amount accepted.	9337

(b) Any county political party that violates division	9338
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	9339
fined an amount from its state candidate fund equal to three times	9340
the amount accepted in excess of the amount permitted by that	9341
division.	9342

(c) Any state political party that violates division	9343
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	9344
an amount from its state candidate fund equal to three times the	9345
amount accepted in excess of the amount permitted by that	9346
division.	9347

(3) Any legislative campaign fund that violates division	9348
(C)(5) of section 3517.102 of the Revised Code shall be fined an	9349
amount equal to three times the amount accepted in excess of the	9350
amount permitted by that division.	9351

(4) Any political action committee or political contributing	9352
entity that violates division (C)(7) of section 3517.102 of the	9353
Revised Code shall be fined an amount equal to three times the	9354
amount accepted in excess of the amount permitted by that	9355
division.	9356

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	9357
this section, no violation of division (C) of section 3517.102 of	9358
the Revised Code occurs, and the secretary of state shall not	9359
refer parties to the Ohio elections commission, if the amount	9360
transferred or contributed in excess of the amount permitted to be	9361
accepted by that division meets either of the following	9362
conditions:	9363

(a) It is completely refunded within five business days after	9364
its acceptance.	9365

(b) It is completely refunded on or before the tenth business	9366
day after notification to the recipient of the excess transfer or	9367
contribution by the board of elections or the secretary of state	9368
that a transfer or contribution in excess of the permitted amount	9369
has been received.	9370

(K)(1) Any legislative campaign fund that violates division	9371
(F)(1) of section 3517.102 of the Revised Code shall be fined	9372
twenty-five dollars for each day of violation.	9373

(2) Any legislative campaign fund that violates division	9374
(F)(2) of section 3517.102 of the Revised Code shall give to the	9375
treasurer of state for deposit into the state treasury to the	9376
credit of the Ohio elections commission fund all excess	9377
contributions not disposed of as required by division (E) of	9378
section 3517.102 of the Revised Code.	9379

(L) Whoever violates section 3517.105 of the Revised Code	9380
shall be fined one thousand dollars.	9381

(M)(1) Whoever solicits a contribution in violation of	9382
section 3517.092 or violates division (B) of section 3517.09 of	9383
the Revised Code is guilty of a misdemeanor of the first degree.	9384

(2) Whoever knowingly accepts a contribution in violation of	9385
division (B) or (C) of section 3517.092 of the Revised Code shall	9386
be fined an amount equal to three times the amount accepted in	9387
violation of either of those divisions and shall return to the	9388
contributor any amount so accepted. Whoever unknowingly accepts a	9389
contribution in violation of division (B) or (C) of section	9390
3517.092 of the Revised Code shall return to the contributor any	9391
amount so accepted.	9392

(N) Whoever violates division (S) of section 3517.13 of the	9393
Revised Code shall be fined an amount equal to three times the	9394
amount of funds transferred or three times the value of the assets	9395
transferred in violation of that division.	9396

(O) Any campaign committee that accepts a contribution or	9397
contributions in violation of section 3517.108 of the Revised	9398
Code, uses a contribution in violation of that section, or fails	9399
to dispose of excess contributions in violation of that section	9400
shall be fined an amount equal to three times the amount accepted,	9401
used, or kept in violation of that section.	9402

(P) Any political party, state candidate fund, legislative	9403
candidate fund, or campaign committee that violates division (T)	9404
of section 3517.13 of the Revised Code shall be fined an amount	9405
equal to three times the amount contributed or accepted in	9406
violation of that section.	9407

(Q) A treasurer of a committee or another person who violates	9408
division (U) of section 3517.13 of the Revised Code shall be fined	9409
not more than two hundred fifty dollars.	9410

(R) Whoever violates division (I) or (J) of section 3517.13	9411
of the Revised Code shall be fined not more than one thousand	9412
dollars. Whenever a person is found guilty of violating division	9413
(I) or (J) of section 3517.13 of the Revised Code, the contract	9414
awarded in violation of either of those divisions shall be	9415
rescinded if its terms have not yet been performed.	9416

(S) A candidate whose campaign committee violates or a	9417
treasurer of a campaign committee who violates section 3517.081 of	9418
the Revised Code, and a candidate whose campaign committee	9419
violates or a treasurer of a campaign committee or another person	9420
who violates division (C) of section 3517.10 of the Revised Code,	9421
shall be fined not more than five hundred dollars.	9422

(T) A candidate whose campaign committee violates or a	9423
treasurer of a committee who violates division (B) of section	9424
3517.09 of the Revised Code, or a candidate whose campaign	9425
committee violates or a treasurer of a campaign committee or	9426
another person who violates division (C) of section 3517.09 of the	9427
Revised Code shall be fined not more than one thousand dollars.	9428

(U) Whoever violates section 3517.20 of the Revised Code	9429
shall be fined not more than five hundred dollars.	9430

(V) Whoever violates section 3517.21 or section 3517.22 of	9431
the Revised Code shall be imprisoned for not more than six months	9432
or fined not more than five thousand dollars, or both.	9433

(W) A campaign committee that is required to file a	9434
declaration of no limits under division (D)(2) of section 3517.103	9435
of the Revised Code that, before filing that declaration, accepts	9436
a contribution or contributions that exceed the limitations	9437
prescribed in section 3517.102 of the Revised Code, shall return	9438
that contribution or those contributions to the contributor.	9439

(X) Any campaign committee that fails to file the declaration	9440
of filing-day finances required by division (F) of section	9441
3517.109 ~~or the declaration of primary-day finances or declaration~~	9442
~~of year-end finances required by division (E) of section 3517.1010~~	9443
of the Revised Code shall be fined twenty-five dollars for each	9444
day of violation.	9445

(Y)(1) Any campaign committee that fails to dispose of excess	9446
funds or excess aggregate contributions under division (B) of	9447
section 3517.109 of the Revised Code in the manner required by	9448
division (C) of that section ~~or under division (B) of section~~	9449
~~3517.1010 of the Revised Code in the manner required by division~~	9450
~~(C) of that section~~ shall give to the treasurer of state for	9451
deposit into the Ohio elections commission fund created under	9452
division (I) of section 3517.152 of the Revised Code all funds not	9453
disposed of pursuant to ~~those divisions~~that division.	9454

(2) Any treasurer of a transition fund that fails to dispose	9455
of assets remaining in the transition fund as required under	9456
division (H)(1) or (2) of section 3517.1014 of the Revised Code	9457
shall give to the treasurer of state for deposit into the Ohio	9458
elections commission fund all assets not disposed of pursuant to	9459
that division.	9460

(Z) Any individual, campaign committee, political action	9461
committee, political contributing entity, legislative campaign	9462
fund, political party, treasurer of a transition fund, or other	9463
entity that violates any provision of sections 3517.09 to 3517.12	9464
of the Revised Code for which no penalty is provided for under any	9465
other division of this section shall be fined not more than one	9466
thousand dollars.	9467

(AA)(1) Whoever knowingly violates division (W)(1) of section	9468
3517.13 of the Revised Code shall be fined an amount equal to	9469
three times the amount contributed, expended, or promised in	9470
violation of that division or ten thousand dollars, whichever	9471
amount is greater.	9472

(2) Whoever knowingly violates division (W)(2) of section	9473
3517.13 of the Revised Code shall be fined an amount equal to	9474
three times the amount solicited or accepted in violation of that	9475
division or ten thousand dollars, whichever amount is greater.	9476

(BB) Whoever knowingly violates division (C) or (D) of	9477
section 3517.1011 of the Revised Code shall be fined not more than	9478
ten thousand dollars plus not more than one thousand dollars for	9479
each day of violation.	9480

(CC)~~(1) Subject to division (CC)(2) of this section, whoever~~	9481
~~violates division (H) of section 3517.1011 of the Revised Code~~	9482
~~shall be fined an amount up to three times the amount disbursed~~	9483
~~for the direct costs of airing the communication made in violation~~	9484
~~of that division.~~	9485

~~(2) Whoever has been ordered by the Ohio elections commission~~	9486
~~or by a court of competent jurisdiction to cease making~~	9487
~~communications in violation of division (H) of section 3517.1011~~	9488
~~of the Revised Code who again violates that division shall be~~	9489
~~fined an amount equal to three times the amount disbursed for the~~	9490
~~direct costs of airing the communication made in violation of that~~	9491
~~division.~~	9492

~~(DD)~~(1) Any corporation or labor organization that violates	9493
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	9494
fined an amount equal to three times the amount given in excess of	9495
the amount permitted by that division.	9496

(2) Any state or county political party that violates	9497
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	9498
fined an amount equal to three times the amount accepted in excess	9499
of the amount permitted by that division.	9500

~~(EE)~~(DD)(1) Any campaign committee or person who violates	9501
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	9502
shall be fined an amount equal to three times the amount donated	9503
in excess of the amount permitted by that division.	9504

(2) Any officeholder or treasurer of a transition fund who	9505
violates division (C)(3)(a) or (b) of section 3517.1014 of the	9506
Revised Code shall be fined an amount equal to three times the	9507
amount accepted in excess of the amount permitted by that	9508
division.	9509

Sec. 3519.01. (A) Only one proposal of law or constitutional	9510
amendment to be proposed by initiative petition shall be contained	9511
in an initiative petition to enable the voters to vote on that	9512
proposal separately. A petition shall include the text of any	9513
existing statute or constitutional provision that would be amended	9514
or repealed if the proposed law or constitutional amendment is	9515
adopted.	9516

Whoever seeks to propose a law or constitutional amendment by	9517
initiative petition shall, by a written petition signed by one	9518
thousand qualified electors, submit the proposed law or	9519
constitutional amendment and a summary of it to the attorney	9520
general for examination. Within ten days after the receipt of the	9521
written petition and the summary of it, the attorney general shall	9522
conduct an examination of the summary. If, in the opinion of the	9523
attorney general, the summary is a fair and truthful statement of	9524
the proposed law or constitutional amendment, the attorney general	9525
shall so certify and then forward the submitted petition to the	9526
Ohio ballot board for its approval under division (A) of section	9527
3505.062 of the Revised Code. If the Ohio ballot board returns the	9528
submitted petition to the attorney general with its certification	9529
as described in that division, the attorney general shall then	9530
file with the secretary of state a verified copy of the proposed	9531
law or constitutional amendment together with its summary and the	9532
attorney general's certification.	9533

Whenever the Ohio ballot board divides an initiative petition	9534
into individual petitions containing only one proposed law or	9535
constitutional amendment under division (A) of section 3505.062 of	9536
the Revised Code resulting in the need for the petitioners to	9537
resubmit to the attorney general appropriate summaries for each of	9538
the individual petitions arising from the board's division of the	9539
initiative petition, the attorney general shall review the	9540
resubmitted summaries, within ten days after their receipt, to	9541
determine if they are a fair and truthful statement of the	9542
respective proposed laws or constitutional amendments and, if so,	9543
certify them. These resubmissions shall contain no new	9544
explanations or arguments. Then, the attorney general shall file	9545
with the secretary of state a verified copy of each of the	9546
proposed laws or constitutional amendments together with their	9547
respective summaries and the attorney general's certification of	9548
each.	9549

(B)(1) Whoever seeks to file a referendum petition against	9550
any law, section, or item in any law shall, by a written petition	9551
signed by one thousand qualified electors, submit the measure to	9552
be referred and a summary of it to the secretary of state and, on	9553
the same day or within one business day before or after that day,	9554
submit a copy of the petition, measure, and summary to the	9555
attorney general.	9556

(2) Not later than ten business days after receiving the	9557
petition, measure, and summary, the secretary of state shall do	9558
both of the following:	9559

(a) Have the validity of the signatures on the petition	9560
verified;	9561

(b) After comparing the text of the measure to be referred	9562
with the copy of the enrolled act on file in the secretary of	9563
state's office containing the law, section, or item of law,	9564
determine whether the text is correct and, if it is, so certify.	9565

(3) Not later than ten business days after receiving a copy	9566
of the petition, measure, and summary, the attorney general shall	9567
examine the summary and, if in the attorney general's opinion, the	9568
summary is a fair and truthful statement of the measure to be	9569
referred, so certify.	9570

(C) Any person who is aggrieved by a certification decision	9571
under division (A) or (B) of this section may challenge the	9572
certification or failure to certify of the attorney general in the	9573
supreme court, which shall have exclusive, original jurisdiction	9574
in all challenges of those certification decisions.	9575

Sec. 3519.16. ~~The circulator of any part-petition, the~~	9576
~~committee interested in the petition, or any elector may file with~~	9577
~~the board of elections a protest against the board's findings made~~	9578
~~pursuant to section 3519.15 of the Revised Code. Protests shall be~~	9579
~~in writing and shall specify reasons for the protest. Protests for~~	9580
~~all initiative and referendum petitions other than those to be~~	9581
~~voted on by electors throughout the entire state shall be filed~~	9582
~~not later than four p.m. of the seventy-fourth day before the day~~	9583
~~of the election. Once a protest is filed, the board shall proceed~~	9584
~~to establish the sufficiency or insufficiency of the signatures~~	9585
~~and of the verification of those signatures in an action before~~	9586
~~the court of common pleas in the county. The action shall be~~	9587
~~brought within three days after the protest is filed, and it shall~~	9588
~~be heard forthwith by a judge of that court, whose decision shall~~	9589
~~be certified to the board. The signatures that are adjudged~~	9590
~~sufficient or the part-petitions that are adjudged properly~~	9591
~~verified shall be included with the others by the board, and those~~	9592
~~found insufficient and all those part-petitions that are adjudged~~	9593
~~not properly verified shall not be included.~~(A) Pursuant to	9594
Section 1g of Article II, Ohio Constitution, the supreme court of	9595
Ohio shall have original, exclusive jurisdiction in all challenges	9596
to initiative and referendum petitions.	9597

(B) The circulator of any petition shall include upon each	9598
part-petition filed with the secretary of state a designation of	9599
the county in which the part-petition was circulated and a number	9600
for each part-petition. In any county where part-petitions are	9601
circulated, each part-petition shall be numbered sequentially.	9602
Upon the filing of the petition with the secretary of state, the	9603
circulator of any petition shall also file the following:	9604

(1) An electronic copy of the petition filed along with a	9605
verification that the electronic copy is a true representation of	9606
the original paper petition filed with the secretary of state;	9607

(2) A summary of the number of part-petitions filed per	9608
county and the number of signatures on each part-petition;	9609

(3) An index of the electronic copy.

9610

(C) For a request made under Chapter 149. of the Revised Code	9611
for the inspection or copying of the original petition filed with	9612
the secretary of state, the request is fulfilled when the	9613
secretary of state provides inspection of or copies of the	9614
electronic copy filed by the circulator of the petition. This	9615
section applies from the time of the initial filing of the	9616
petition with the secretary of state and remains applicable until	9617
the part-petitions are returned to the secretary of state from the	9618
local board of elections after a determination of sufficiency of	9619
the petition pursuant to section 3519.15 of the Revised Code.	9620

(D) Discrepancies between the electronic copy filed under	9621
division (B)(1) of this section and the original paper petitions	9622
as filed with the secretary of state shall not render the petition	9623
invalid. Discrepancies between a filed electronic copy and the	9624
original paper petition, if the product of fraud, shall be subject	9625
to criminal penalties under section 3599.36 of the Revised Code.	9626

(E) The properly verified part-petitions, together with the	9627
report of the board, shall be returned to the secretary of state	9628
~~not less than sixty days before the election, provided that, in~~	9629
~~the case of an initiated law to be presented to the general~~	9630
~~assembly, the boards shall promptly check and return the petitions~~	9631
~~together with their report~~. The secretary of state shall notify,	9632
by certified mail,~~the chairperson~~each member of the committee	9633
in charge of the circulation as to the sufficiency or	9634
insufficiency of the petition and the extent of the insufficiency.	9635

If the petition is found insufficient because of an	9636
insufficient number of valid signatures, the committee shall be	9637
allowed ten additional days after the ~~notification by~~first member	9638
of the committee receives notice of the petition's insufficiency	9639
by certified mail from the secretary of state for the filing of	9640
additional signatures to the petition. No additional signatures	9641
may be collected by the circulator of the petition until the	9642
secretary of state determines the sufficiency of the signatures	9643
that the circulator originally filed with the secretary of state	9644
The part-petitions of the supplementary petition that appear to	9645
the secretary of state to be properly verified, upon their receipt	9646
by the secretary of state, shall forthwith be forwarded to the	9647
boards of the several counties together with the part-petitions of	9648
the original petition that have been properly verified. They shall	9649
be immediately examined and passed upon as to the validity and	9650
sufficiency of the signatures on them by each of the boards and	9651
returned within five days to the secretary of state with the	9652
report of each board. No signature on a supplementary	9653
part-petition that is the same as a signature on an original	9654
part-petition shall be counted. The number of signatures in both	9655
the original and supplementary petitions, properly verified, shall	9656
be used by the secretary of state in determining the total number	9657
of signatures to the petition that the secretary of state shall	9658
record and announce. If they are sufficient, the amendment,	9659
proposed law, or law shall be placed on the ballot as required by	9660
law. If the petition is found insufficient, the secretary of state	9661
shall notify the committee in charge of the circulation of the	9662
petition.	9663

Sec. 3599.03. (A)(1) ~~Except to carry on activities specified~~	9664
~~in sections 3517.082 and 3517.1011, division (A)(2) of section~~	9665
~~3517.1012, division (B) of section 3517.1013, division (C)(1) of~~	9666
~~section 3517.1014, and section 3599.031 of the Revised Code and~~	9667
~~except as provided in divisions (D), (E), and (F) of this section,~~	9668
noNo corporation, no nonprofit corporation, and no labor	9669
organization, directly or indirectly, shall pay or use, or offer,	9670
advise, consent, or agree to pay or use, the corporation's money	9671
or property, or the labor organization's money, including dues,	9672
initiation fees, or other assessments paid by members, or	9673
property, ~~for or in aid of or opposition~~to make a contribution to	9674
a political party, a candidate for election or nomination to	9675
public office, a political action committee including a political	9676
action committee of the corporation or labor organization, a	9677
legislative campaign fund, or any organization that supports or	9678
opposes any such candidate, ~~or for any partisan political purpose,~~	9679
shall violate any law requiring the filing of an affidavit or	9680
statement respecting such use of those funds, or shall pay or use	9681
the corporation's or labor organization's money for the expenses	9682
of a social fund-raising event for its political action committee	9683
if an employee's or labor organization member's right to attend	9684
such an event is predicated on the employee's or member's	9685
contribution to the corporation's or labor organization's	9686
political action committee.	9687

(2) Whoever violates division (A)(1) of this section shall be	9688
fined not less than five hundred nor more than five thousand	9689
dollars.	9690

(B)(1) No officer, stockholder, attorney, or agent of a	9691
corporation or nonprofit corporation, no member, including an	9692
officer, attorney, or agent, of a labor organization, and no	9693
candidate, political party official, or other individual shall	9694
knowingly aid, advise, solicit, or receive money or other property	9695
in violation of division (A)(1) of this section.	9696

(2) Whoever violates division (B)(1) of this section shall be	9697
fined not more than one thousand dollars, or imprisoned not more	9698
than one year, or both.	9699

(C) A corporation, a nonprofit corporation, or a labor	9700
organization may use its funds or property for or in aid of or	9701
opposition to a proposed or certified ballot issue. Such use of	9702
funds or property shall be reported on a form prescribed by the	9703
secretary of state. Reports of contributions in connection with	9704
statewide ballot issues shall be filed with the secretary of	9705
state. Reports of contributions in connection with local issues	9706
shall be filed with the board of elections of the most populous	9707
county of the district in which the issue is submitted or to be	9708
submitted to the electors. Reports made pursuant to this division	9709
shall be filed by the times specified in divisions (A)(1) and (2)	9710
of section 3517.10 of the Revised Code.	9711

(D)(1) Any gift made pursuant to section 3517.101 of the	9712
Revised Code does not constitute a violation of this section or of	9713
any other section of the Revised Code.	9714

(2) Any gift made pursuant to division (A)(2) of section	9715
3517.1012 of the Revised Code does not constitute a violation of	9716
this section.	9717

(3) Any gift made pursuant to division (B) of section	9718
3517.1013 of the Revised Code does not constitute a violation of	9719
this section.	9720

(4) Any donation made pursuant to division (C)(1) of section	9721
3517.1014 of the Revised Code does not constitute a violation of	9722
this section.	9723

(E) Any compensation or fees paid by a financial institution	9724
to a state political party for services rendered pursuant to	9725
division (B) of section 3517.19 of the Revised Code do not	9726
constitute a violation of this section or of any other section of	9727
the Revised Code.	9728

(F)(1) The use by a nonprofit corporation of its money or	9729
property for communicating information for a purpose specified in	9730
division (A) of this section is not a violation of that division	9731
if the stockholders, members, donors, trustees, or officers of the	9732
nonprofit corporation are the predominant recipients of the	9733
communication.	9734

(2) The placement of a campaign sign on the property of a	9735
corporation, nonprofit corporation, or labor organization is not a	9736
use of property in violation of division (A) of this section by	9737
that corporation, nonprofit corporation, or labor organization.	9738

(3) The use by a corporation or labor organization of its	9739
money or property for communicating information for a purpose	9740
specified in division (A) of this section is not a violation of	9741
that division if it is not a communication made by mass broadcast	9742
such as radio or television or made by advertising in a newspaper	9743
of general circulation but is a communication sent exclusively to	9744
members, employees, officers, or trustees of that labor	9745
organization or shareholders, employees, officers, or directors of	9746
that corporation or to members of the immediate families of any	9747
such individuals or if the communication intended to be so sent	9748
exclusively is unintentionally sent as well to a de minimis number	9749
of other individuals.	9750

(G) In addition to the laws listed in division (A) of section	9751
4117.10 of the Revised Code that prevail over conflicting	9752
agreements between employee organizations and public employers,	9753
this section prevails over any conflicting provisions of	9754
agreements between labor organizations and public employers that	9755
are entered into on or after March 31, 2005, pursuant to Chapter	9756
4117. of the Revised Code.	9757

(H) As used in this section, "labor organization" has the	9758
same meaning as in section 3517.01 of the Revised Code.	9759

Sec. 3599.07. No ~~judge of elections~~precinct election	9760
official, observer, or police officer admitted into the polling	9761
rooms at the election, at any time while the polls are open, shall	9762
have in the individual's possession, distribute, or give out any	9763
ballot or ticket to any person on any pretense during the	9764
receiving, counting, or certifying of the votes, or have any	9765
ballot or ticket in the individual's possession or control, except	9766
in the proper discharge of the individual's official duty in	9767
receiving, counting, or canvassing the votes. This section does	9768
not prevent the lawful exercise by a ~~judge of elections~~precinct	9769
election official or observer of the individual right to vote at	9770
such election.	9771

Sec. 3599.17. (A) No elections official serving as a	9772
registrar or ~~judge of elections~~precinct election official shall	9773
do any of the following:	9774

(1) Fail to appear before the board of elections, or its	9775
representative, after notice has been served personally upon the	9776
official or left at the official's usual place of residence, for	9777
examination as to the official's qualifications;	9778

(2) Fail to appear at the polling place to which the official	9779
is assigned at the hour and during the hours set for the	9780
registration or election;	9781

(3) Fail to take the oath prescribed by section 3501.31 of	9782
the Revised Code, unless excused by such board;	9783

(4) Refuse or sanction the refusal of another registrar or	9784
~~judge of elections~~precinct election official to administer an	9785
oath required by law;	9786

(5) Fail to send notice to the board of the appointment of a	9787
~~judge~~precinct election official to fill a vacancy;	9788

(6) Act as registrar or ~~judge~~precinct election official	9789
without having been appointed and having received a certificate of	9790
appointment, except a ~~judge~~precinct election official appointed	9791
to fill a vacancy caused by absence or removal;	9792

(7) Fail in any other way to perform any duty imposed by law.

9793

(B) Whoever violates division (A) of this section is guilty	9794
of a misdemeanor of the first degree.	9795

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	9796
official shall knowingly do any of the following:	9797

(1) Unlawfully open or permit to be opened the sealed package	9798
containing registration lists, ballots, blanks, pollbooks, and	9799
other papers and material to be used in an election;	9800

(2) Unlawfully misplace, carry away, negligently lose or	9801
permit to be taken from the ~~judge~~precinct election official, fail	9802
to deliver, or destroy any such packages, papers, or material;	9803

(3) Receive or sanction the reception of a ballot from a	9804
person not a qualified elector or from a person who refused to	9805
answer a question in accordance with the election law;	9806

(4) Refuse to receive or sanction the rejection of a ballot	9807
from a person, knowing that person to be a qualified elector;	9808

(5) Permit a fraudulent ballot to be placed in the ballot	9809
box;	9810

(6) Place or permit to be placed in any ballot box any ballot	9811
known by the ~~judge~~precinct election official to be improperly or	9812
falsely marked;	9813

(7) Count or permit to be counted any illegal or fraudulent	9814
ballot;	9815

(8) Mislead an elector who is physically unable to prepare	9816
the elector's ballot, mark a ballot for such elector otherwise	9817
than as directed by that elector, or disclose to any person,	9818
except when legally required to do so, how such elector voted;	9819

(9) Alter or mark or permit any alteration or marking on any	9820
ballot when counting the ballots;	9821

(10) Unlawfully count or tally or sanction the wrongful	9822
counting or tallying of votes;	9823

(11) After the counting of votes commences, as required by	9824
law, postpone or sanction the postponement of the counting of	9825
votes, adjourn at any time or to any place, or remove the ballot	9826
box from the place of voting, or from the custody or presence of	9827
all the ~~judges of such elections~~precinct election officials;	9828

(12) Permit any ballot to remain or to be in the ballot box	9829
at the opening of the polls, or to be put in the box during the	9830
counting of the ballots, or to be left in the box without being	9831
counted;	9832

(13) Admit or sanction the admission to the polling room at	9833
an election during the receiving, counting, and certifying of	9834
votes of any person not qualified by law to be so admitted;	9835

(14) Refuse to admit or sanction the refusal to admit any	9836
person, upon lawful request for admission, who is legally	9837
qualified to be present;	9838

(15) Permit or sanction the counting of the ballots contrary	9839
to the manner prescribed by law;	9840

(16) Neglect or unlawfully execute any duty enjoined upon the	9841
~~judge~~precinct election official by law.	9842

(B) Whoever violates division (A) of this section is guilty	9843
of a misdemeanor of the first degree.	9844

Sec. 3599.30. No school operated by a school district, no	9845
community school established under Chapter 3314. of the Revised	9846
Code, no STEM school established under Chapter 3326. of the	9847
Revised Code, and no chartered nonpublic school shall, during the	9848
regular school day, transport one or more students to a polling	9849
place or board of elections for the purpose of casting a ballot.	9850

Sec. 3599.31. No officer of the law shall fail to obey	9851
forthwith an order of the ~~presiding judge~~voting location manager	9852
and aid in enforcing a lawful order of the ~~presiding judges~~voting	9853
location manager at an election, against persons unlawfully	9854
congregating or loitering within one hundred feet of a polling	9855
place, hindering or delaying an elector from reaching or leaving	9856
the polling place, soliciting or attempting, within one hundred	9857
feet of the polling place, to influence an elector in casting the	9858
elector's vote, or interfering with the registration of voters or	9859
casting and counting of the ballots.	9860

Whoever violates this section is guilty of a misdemeanor of	9861
the first degree.	9862

Section 2. That existing sections 511.27, 1545.21, 2101.44,	9863
3501.01, 3501.05, 3501.051, 3501.10, 3501.11, 3501.13, 3501.17,	9864
3501.18, 3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29,	9865
3501.30, 3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37,	9866
3501.38, 3503.02, 3503.06, 3503.14, 3503.15, 3503.16, 3503.18,	9867
3503.19, 3503.21, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05,	9868
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18,	9869
3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24,	9870
3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12,	9871
3506.15, 3509.01, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05,	9872
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05,	9873
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13,	9874
3511.14, 3513.02, 3513.12, 3513.131, 3513.18, 3513.19, 3513.21,	9875
3513.262, 3513.30, 3515.04, 3517.01, 3517.012, 3517.10, 3517.102,	9876
3517.103, 3517.106, 3517.1011, 3517.11, 3517.153, 3517.154,	9877
3517.155, 3517.992, 3519.01, 3519.16, 3599.03, 3599.07, 3599.17,	9878
3599.19, and 3599.31 and sections 3503.29, 3504.01, 3506.16, and	9879
3517.1010 of the Revised Code are hereby repealed.	9880

Section 3. That sections 3.02, 302.09, 305.02, 503.24,	9881
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code	9882
be amended to read as follows, to make those sections consistent	9883
with the requirements of the Ohio Constitution:	9884

Sec. 3.02. (A) When an elective office becomes vacant and is	9885
filled by appointment, such appointee shall hold the office until	9886
the appointee's successor is elected and qualified; and such	9887
successor shall be elected for the unexpired term, at the first	9888
general election for the office which is vacant that occurs more	9889
than ~~fifty-six~~forty days after the vacancy has occurred; provided	9890
that when the unexpired term ends within one year immediately	9891
following the date of such general election, an election to fill	9892
such unexpired term shall not be held and the appointment shall be	9893
for such unexpired term.	9894

(B) When an elective office becomes vacant and is filled by	9895
appointment, the appointing authority shall, immediately but no	9896
later than seven days after making the appointment, certify it to	9897
the board of elections and to the secretary of state. The board of	9898
elections or, in the case of an appointment to a statewide office,	9899
the secretary of state shall issue a certificate of appointment to	9900
the appointee. Certificates of appointment shall be in such form	9901
as the secretary of state shall prescribe.	9902

(C) When an elected candidate fails to qualify for the office	9903
to which the candidate has been elected, the office shall be	9904
filled as in the case of a vacancy. Until so filled, the incumbent	9905
officer shall continue to hold office. This section does not	9906
postpone the time for such election beyond that at which it would	9907
have been held had no such vacancy occurred, or affect the	9908
official term, or the time for the commencement thereof, of any	9909
person elected to such office before the occurrence of such	9910
vacancy.	9911

Sec. 302.09. When a vacancy occurs in the board of county	9912
commissioners or in the office of county auditor, county	9913
treasurer, prosecuting attorney, clerk of the court of common	9914
pleas, sheriff, county recorder, county engineer, or coroner more	9915
than ~~fifty-six~~forty days before the next general election for	9916
state and county officers, the vacancy shall be filled as provided	9917
for in divisions (A) and (B) of section 305.02 of the Revised	9918
Code.	9919

Sec. 305.02. (A) If a vacancy in the office of county	9920
commissioner, prosecuting attorney, county auditor, county	9921
treasurer, clerk of the court of common pleas, sheriff, county	9922
recorder, county engineer, or coroner occurs more than ~~fifty-six~~	9923
forty days before the next general election for state and county	9924
officers, a successor shall be elected at such election for the	9925
unexpired term unless such term expires within one year	9926
immediately following the date of such general election.	9927

In either event, the vacancy shall be filled as provided in	9928
this section, and the appointee shall hold office until a	9929
successor is elected and qualified.	9930

(B) If a vacancy occurs from any cause in any of the offices	9931
named in division (A) of this section, the county central	9932
committee of the political party with which the last occupant of	9933
the office was affiliated shall appoint a person to hold the	9934
office and to perform the duties thereof until a successor is	9935
elected and has qualified, except that if such vacancy occurs	9936
because of the death, resignation, or inability to take the office	9937
of an officer-elect whose term has not yet begun, an appointment	9938
to take such office at the beginning of the term shall be made by	9939
the central committee of the political party with which such	9940
officer-elect was affiliated.	9941

(C) Not less than five nor more than forty-five days after a	9942
vacancy occurs, the county central committee shall meet for the	9943
purpose of making an appointment under this section. Not less than	9944
four days before the date of such meeting the chairperson or	9945
secretary of such central committee shall send by first class mail	9946
to every member of such central committee a written notice which	9947
shall state the time and place of such meeting and the purpose	9948
thereof. A majority of the members of the central committee	9949
present at such meeting may make the appointment.	9950

(D) If the last occupant of the office or the officer-elect	9951
was elected as an independent candidate, the board of county	9952
commissioners shall make such appointment at the time when the	9953
vacancy occurs, except where the vacancy is in the office of	9954
county commissioner, in which case the prosecuting attorney and	9955
the remaining commissioners or a majority of them shall make the	9956
appointment.	9957

(E) Appointments made under this section shall be certified	9958
by the appointing county central committee or by the board of	9959
county commissioners to the county board of elections and to the	9960
secretary of state, and the persons so appointed and certified	9961
shall be entitled to all remuneration provided by law for the	9962
offices to which they are appointed.	9963

(F) The board of county commissioners may appoint a person to	9964
hold any of the offices named in division (A) of this section as	9965
an acting officer and to perform the duties thereof between the	9966
occurrence of the vacancy and the time when the officer appointed	9967
by the central committee qualifies and takes the office.	9968

(G) A person appointed prosecuting attorney or assistant	9969
prosecuting attorney shall give bond and take the oath of office	9970
prescribed by section 309.03 of the Revised Code for the	9971
prosecuting attorney.	9972

Sec. 503.24. If there is a vacancy by reason of the	9973
nonacceptance, death, or removal of a person chosen to an office	9974
in any township at the regular election, or if there is a vacancy	9975
from any other cause, the board of township trustees shall appoint	9976
a person having the qualifications of an elector to fill such	9977
vacancy for the unexpired term or until a successor is elected.	9978

If a township is without a board or if no appointment is made	9979
within thirty days after the occurrence of a vacancy, a majority	9980
of the persons designated as the committee of five on the	9981
last-filed nominating petition of the township officer whose	9982
vacancy is to be filled who are residents of the township shall	9983
appoint a person having the qualifications of an elector to fill	9984
the vacancy for the unexpired term or until a successor is	9985
elected. If at least three of the committee members who are	9986
residents of the township cannot be found, or if that number of	9987
such members fails to make an appointment within ten days after	9988
the thirty-day period in which the board of township trustees is	9989
authorized to make an appointment, then the presiding probate	9990
judge of the county shall appoint a suitable person having the	9991
qualifications of an elector in the township to fill the vacancy	9992
for the unexpired term or until a successor is elected.	9993

If a vacancy occurs in a township elective office more than	9994
~~fifty-six~~forty days before the next general election for	9995
municipal and township officers a successor shall be chosen at	9996
that election to fill the unexpired term, provided the term does	9997
not expire within one year from the day of the election. If the	9998
term expires within one year from the day of the next general	9999
election for municipal and township officers, a successor	10000
appointed pursuant to this section shall serve out the unexpired	10001
term.	10002

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	10003
arising in appointive and elective offices of villages shall be	10004
filled by appointment by the mayor for the remainder of the	10005
unexpired term, provided that:	10006

(1) Vacancies in the office of mayor shall be filled in the	10007
manner provided by section 733.25 of the Revised Code;	10008

(2) Vacancies in the membership of the legislative authority	10009
shall be filled in the manner provided by section 731.43 of the	10010
Revised Code;	10011

(3) Vacancies in the office of president pro tempore of a	10012
village legislative authority shall be filled in the manner	10013
provided by section 731.11 of the Revised Code.	10014

In the event of a vacancy in the office of village clerk or	10015
treasurer, the mayor may appoint a person to serve as an acting	10016
officer to perform the duties of the office until a permanent	10017
officer is appointed to fill the vacancy.	10018

(B) Unless otherwise provided by law, vacancies arising in	10019
appointive offices of cities shall be filled by appointment by the	10020
mayor for the remainder of the unexpired term.	10021

(C) A vacancy in the office of president of the legislative	10022
authority of a city shall be filled in the same manner as provided	10023
in division (D) of this section. Vacancies in the office of mayor	10024
of a city shall be filled in the manner provided in section 733.08	10025
of the Revised Code. Vacancies in the membership of the	10026
legislative authority of a city shall be filled in the manner	10027
provided in section 731.43 of the Revised Code.	10028

(D) In case of the death, resignation, removal, or disability	10029
of the director of law, auditor, or treasurer of a city and such	10030
vacancy occurs more than ~~fifty-six~~forty days before the next	10031
general election for such office, a successor shall be elected at	10032
such election for the unexpired term unless such term expires	10033
within one year immediately following the date of such general	10034
election. In either event, the vacancy shall be filled as provided	10035
in this section and the appointee shall hold office until a	10036
successor is elected and qualified.	10037

(1) The county central committee of the political party with	10038
which the last occupant of the office was affiliated, acting	10039
through its members who reside in the city where the vacancy	10040
occurs, shall appoint a person to hold the office and to perform	10041
the duties thereof until a successor is elected and has qualified,	10042
except that if such vacancy occurs because of the death,	10043
resignation, or inability to take the office of an officer-elect	10044
whose term has not yet begun, an appointment to take such office	10045
at the beginning of the term shall be made by the members of the	10046
central committee who reside in the city where the vacancy occurs.	10047

(2) Not less than five nor more than forty-five days after a	10048
vacancy occurs, the county central committee, acting through its	10049
members who reside in the city where the vacancy occurs, shall	10050
meet for the purpose of making an appointment. Not less than four	10051
days before the date of the meeting the chairperson or secretary	10052
of the central committee shall send by first class mail to every	10053
member of such central committee who resides in the city where the	10054
vacancy occurs a written notice which shall state the time and	10055
place of such meeting and the purpose thereof. A majority of the	10056
members of the central committee present at such meeting may make	10057
the appointment.	10058

(E) If the last occupant of the office or the officer-elect,	10059
as provided in division (D) of this section, was elected as an	10060
independent candidate, the mayor of the city shall make the	10061
appointment at the time the vacancy occurs.	10062

(F) Appointments made under this section shall be certified	10063
by the appointing county central committee or by the mayor of the	10064
municipal corporation to the county board of elections and to the	10065
secretary of state. The persons so appointed and certified shall	10066
be entitled to all remuneration provided by law for the offices to	10067
which they are appointed.	10068

(G) The mayor of the city may appoint a person to hold the	10069
city office of director of law, auditor, or treasurer as an acting	10070
officer and to perform the duties thereof between the occurrence	10071
of the vacancy and the time when the person appointed by the	10072
central committee qualifies and takes the office.	10073

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	10074
and officers of the court shall take an oath of office as provided	10075
in section 3.23 of the Revised Code. The office of judge of the	10076
municipal court is subject to forfeiture, and the judge may be	10077
removed from office, for the causes and by the procedure provided	10078
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	10079
office of judge exists upon the death, resignation, forfeiture,	10080
removal from office, or absence from official duties for a period	10081
of six consecutive months, as determined under this section, of	10082
the judge and also by reason of the expiration of the term of an	10083
incumbent when no successor has been elected or qualified. The	10084
chief justice of the supreme court may designate a judge of	10085
another municipal court to act until that vacancy is filled in	10086
accordance with section 107.08 of the Revised Code. A vacancy	10087
resulting from the absence of a judge from official duties for a	10088
period of six consecutive months shall be determined and declared	10089
by the legislative authority.	10090

(b) If a vacancy occurs in the office of judge or clerk of	10091
the municipal court after the one-hundredth day before the first	10092
Tuesday after the first Monday in May and prior to the ~~fifty-sixth~~	10093
fortieth day before the day of the general election, all	10094
candidates for election to the unexpired term of the judge or	10095
clerk shall file nominating petitions with the board of elections	10096
not later than four p.m. on the tenth day following the day on	10097
which the vacancy occurs, except that, when the vacancy occurs	10098
fewer than ~~four~~six days before the ~~fifty-sixth~~fortieth day	10099
before the general election, the deadline for filing shall be four	10100
p.m. on the ~~fiftieth~~thirty-sixth day before the day of the	10101
general election.	10102

(c) Each nominating petition referred to in division	10103
(A)(1)(b) of this section shall be in the form prescribed in	10104
section 3513.261 of the Revised Code and shall be signed by at	10105
least fifty qualified electors of the territory of the municipal	10106
court. No nominating petition shall be accepted for filing or	10107
filed if it appears on its face to contain signatures aggregating	10108
in number more than twice the minimum aggregate number of	10109
signatures required by this section.	10110

(2) If a judge of a municipal court that has only one judge	10111
is temporarily absent, incapacitated, or otherwise unavailable,	10112
the judge may appoint a substitute who has the qualifications	10113
required by section 1901.06 of the Revised Code or a retired judge	10114
of a court of record who is a qualified elector and a resident of	10115
the territory of the court. If the judge is unable to make the	10116
appointment, the chief justice of the supreme court shall appoint	10117
a substitute. The appointee shall serve during the absence,	10118
incapacity, or unavailability of the incumbent, shall have the	10119
jurisdiction and powers conferred upon the judge of the municipal	10120
court, and shall be styled "acting judge." During that time of	10121
service, the acting judge shall sign all process and records and	10122
shall perform all acts pertaining to the office, except that of	10123
removal and appointment of officers of the court. All courts shall	10124
take judicial notice of the selection and powers of the acting	10125
judge. The incumbent judge shall establish the amount of	10126
compensation of an acting judge upon either a per diem, hourly, or	10127
other basis, but the rate of pay shall not exceed the per diem	10128
amount received by the incumbent judge.	10129

(B) When the volume of cases pending in any municipal court	10130
necessitates an additional judge, the chief justice of the supreme	10131
court, upon the written request of the judge or presiding judge of	10132
that municipal court, may designate a judge of another municipal	10133
court or county court to serve for any period of time that the	10134
chief justice may prescribe. The compensation of a judge so	10135
designated shall be paid from the city treasury or, in the case of	10136
a county-operated municipal court, from the county treasury. In	10137
addition to the annual salary provided for in section 1901.11 of	10138
the Revised Code and in addition to any compensation under	10139
division (A)(5) or (6) of section 141.04 of the Revised Code to	10140
which the judge is entitled in connection with the judge's own	10141
court, a full-time or part-time judge while holding court outside	10142
the judge's territory on the designation of the chief justice	10143
shall receive actual and necessary expenses and compensation as	10144
follows:	10145

(1) A full-time judge shall receive thirty dollars for each	10146
day of the assignment.	10147

(2) A part-time judge shall receive for each day of the	10148
assignment the per diem compensation of the judges of the court to	10149
which the judge is assigned, less the per diem amount paid to	10150
those judges pursuant to section 141.04 of the Revised Code,	10151
calculated on the basis of two hundred fifty working days per	10152
year.	10153

If a request is made by a judge or the presiding judge of a	10154
municipal court to designate a judge of another municipal court	10155
because of the volume of cases in the court for which the request	10156
is made and the chief justice reports, in writing, that no	10157
municipal or county court judge is available to serve by	10158
designation, the judges of the court requesting the designation	10159
may appoint a substitute as provided in division (A)(2) of this	10160
section, who may serve for any period of time that is prescribed	10161
by the chief justice. The substitute judge shall be paid in the	10162
same manner and at the same rate as the incumbent judges, except	10163
that, if the substitute judge is entitled to compensation under	10164
division (A)(5) or (6) of section 141.04 of the Revised Code, then	10165
section 1901.121 of the Revised Code shall govern its payment.	10166

Sec. 2301.02. The number of judges of the court of common	10167
pleas for each county, the time for the next election of the	10168
judges in the several counties, and the beginning of their terms	10169
shall be as follows:	10170

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	10171
elected in 1956, term to begin February 9, 1957;	10172

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	10173
Ottawa, and Union counties, one judge, to be elected in 1954, term	10174
to begin February 9, 1955;	10175

In Auglaize county, one judge, to be elected in 1956, term to	10176
begin January 9, 1957;	10177

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	10178
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	10179
Wyandot counties, one judge, to be elected in 1956, term to begin	10180
January 1, 1957;	10181

In Morrow county, two judges, one to be elected in 1956, term	10182
to begin January 1, 1957, and one to be elected in 2006, term to	10183
begin January 1, 2007;	10184

In Logan county, two judges, one to be elected in 1956, term	10185
to begin January 1, 1957, and one to be elected in 2004, term to	10186
begin January 2, 2005;	10187

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	10188
Shelby, Van Wert, and Williams counties, one judge, to be elected	10189
in 1952, term to begin January 1, 1953;	10190

In Champaign county, two judges, one to be elected in 1952,	10191
term to begin January 1, 1953, and one to be elected in 2008, term	10192
to begin February 10, 2009.	10193

In Harrison and Noble counties, one judge, to be elected in	10194
1954, term to begin April 18, 1955;	10195

In Henry county, two judges, one to be elected in 1956, term	10196
to begin May 9, 1957, and one to be elected in 2004, term to begin	10197
January 1, 2005;	10198

In Putnam county, one judge, to be elected in 1956, term to	10199
begin May 9, 1957;	10200

In Huron county, one judge, to be elected in 1952, term to	10201
begin May 14, 1953;	10202

In Perry county, one judge, to be elected in 1954, term to	10203
begin July 6, 1956;	10204

In Sandusky county, two judges, one to be elected in 1954,	10205
term to begin February 10, 1955, and one to be elected in 1978,	10206
term to begin January 1, 1979;	10207

(B) In Allen county, three judges, one to be elected in 1956,	10208
term to begin February 9, 1957, the second to be elected in 1958,	10209
term to begin January 1, 1959, and the third to be elected in	10210
1992, term to begin January 1, 1993;	10211

In Ashtabula county, three judges, one to be elected in 1954,	10212
term to begin February 9, 1955, one to be elected in 1960, term to	10213
begin January 1, 1961, and one to be elected in 1978, term to	10214
begin January 2, 1979;	10215

In Athens county, two judges, one to be elected in 1954, term	10216
to begin February 9, 1955, and one to be elected in 1990, term to	10217
begin July 1, 1991;	10218

In Erie county, four judges, one to be elected in 1956, term	10219
to begin January 1, 1957, the second to be elected in 1970, term	10220
to begin January 2, 1971, the third to be elected in 2004, term to	10221
begin January 2, 2005, and the fourth to be elected in 2008, term	10222
to begin February 9, 2009;	10223

In Fairfield county, three judges, one to be elected in 1954,	10224
term to begin February 9, 1955, the second to be elected in 1970,	10225
term to begin January 1, 1971, and the third to be elected in	10226
1994, term to begin January 2, 1995;	10227

In Geauga county, two judges, one to be elected in 1956, term	10228
to begin January 1, 1957, and the second to be elected in 1976,	10229
term to begin January 6, 1977;	10230

In Greene county, four judges, one to be elected in 1956,	10231
term to begin February 9, 1957, the second to be elected in 1960,	10232
term to begin January 1, 1961, the third to be elected in 1978,	10233
term to begin January 2, 1979, and the fourth to be elected in	10234
1994, term to begin January 1, 1995;	10235

In Hancock county, two judges, one to be elected in 1952,	10236
term to begin January 1, 1953, and the second to be elected in	10237
1978, term to begin January 1, 1979;	10238

In Lawrence county, two judges, one to be elected in 1954,	10239
term to begin February 9, 1955, and the second to be elected in	10240
1976, term to begin January 1, 1977;	10241

In Marion county, three judges, one to be elected in 1952,	10242
term to begin January 1, 1953, the second to be elected in 1976,	10243
term to begin January 2, 1977, and the third to be elected in	10244
1998, term to begin February 9, 1999;	10245

In Medina county, three judges, one to be elected in 1956,	10246
term to begin January 1, 1957, the second to be elected in 1966,	10247
term to begin January 1, 1967, and the third to be elected in	10248
1994, term to begin January 1, 1995;	10249

In Miami county, two judges, one to be elected in 1954, term	10250
to begin February 9, 1955, and one to be elected in 1970, term to	10251
begin on January 1, 1971;	10252

In Muskingum county, three judges, one to be elected in 1968,	10253
term to begin August 9, 1969, one to be elected in 1978, term to	10254
begin January 1, 1979, and one to be elected in 2002, term to	10255
begin January 2, 2003;	10256

In Portage county, three judges, one to be elected in 1956,	10257
term to begin January 1, 1957, the second to be elected in 1960,	10258
term to begin January 1, 1961, and the third to be elected in	10259
1986, term to begin January 2, 1987;	10260

In Ross county, two judges, one to be elected in 1956, term	10261
to begin February 9, 1957, and the second to be elected in 1976,	10262
term to begin January 1, 1977;	10263

In Scioto county, three judges, one to be elected in 1954,	10264
term to begin February 10, 1955, the second to be elected in 1960,	10265
term to begin January 1, 1961, and the third to be elected in	10266
1994, term to begin January 2, 1995;	10267

In Seneca county, two judges, one to be elected in 1956, term	10268
to begin January 1, 1957, and the second to be elected in 1986,	10269
term to begin January 2, 1987;	10270

In Warren county, four judges, one to be elected in 1954,	10271
term to begin February 9, 1955, the second to be elected in 1970,	10272
term to begin January 1, 1971, the third to be elected in 1986,	10273
term to begin January 1, 1987, and the fourth to be elected in	10274
2004, term to begin January 2, 2005;	10275

In Washington county, two judges, one to be elected in 1952,	10276
term to begin January 1, 1953, and one to be elected in 1986, term	10277
to begin January 1, 1987;	10278

In Wood county, three judges, one to be elected in 1968, term	10279
beginning January 1, 1969, the second to be elected in 1970, term	10280
to begin January 2, 1971, and the third to be elected in 1990,	10281
term to begin January 1, 1991;	10282

In Belmont and Jefferson counties, two judges, to be elected	10283
in 1954, terms to begin January 1, 1955, and February 9, 1955,	10284
respectively;	10285

In Clark county, four judges, one to be elected in 1952, term	10286
to begin January 1, 1953, the second to be elected in 1956, term	10287
to begin January 2, 1957, the third to be elected in 1986, term to	10288
begin January 3, 1987, and the fourth to be elected in 1994, term	10289
to begin January 2, 1995.	10290

In Clermont county, five judges, one to be elected in 1956,	10291
term to begin January 1, 1957, the second to be elected in 1964,	10292
term to begin January 1, 1965, the third to be elected in 1982,	10293
term to begin January 2, 1983, the fourth to be elected in 1986,	10294
term to begin January 2, 1987; and the fifth to be elected in	10295
2006, term to begin January 3, 2007;	10296

In Columbiana county, two judges, one to be elected in 1952,	10297
term to begin January 1, 1953, and the second to be elected in	10298
1956, term to begin January 1, 1957;	10299

In Delaware county, two judges, one to be elected in 1990,	10300
term to begin February 9, 1991, the second to be elected in 1994,	10301
term to begin January 1, 1995;	10302

In Lake county, six judges, one to be elected in 1958, term	10303
to begin January 1, 1959, the second to be elected in 1960, term	10304
to begin January 2, 1961, the third to be elected in 1964, term to	10305
begin January 3, 1965, the fourth and fifth to be elected in 1978,	10306
terms to begin January 4, 1979, and January 5, 1979, respectively,	10307
and the sixth to be elected in 2000, term to begin January 6,	10308
2001;	10309

In Licking county, four judges, one to be elected in 1954,	10310
term to begin February 9, 1955, one to be elected in 1964, term to	10311
begin January 1, 1965, one to be elected in 1990, term to begin	10312
January 1, 1991, and one to be elected in 2004, term to begin	10313
January 1, 2005;	10314

In Lorain county, nine judges, two to be elected in 1952,	10315
terms to begin January 1, 1953, and January 2, 1953, respectively,	10316
one to be elected in 1958, term to begin January 3, 1959, one to	10317
be elected in 1968, term to begin January 1, 1969, two to be	10318
elected in 1988, terms to begin January 4, 1989, and January 5,	10319
1989, respectively, two to be elected in 1998, terms to begin	10320
January 2, 1999, and January 3, 1999, respectively; and one to be	10321
elected in 2006, term to begin January 6, 2007;	10322

In Butler county, eleven judges, one to be elected in 1956,	10323
term to begin January 1, 1957; two to be elected in 1954, terms to	10324
begin January 1, 1955, and February 9, 1955, respectively; one to	10325
be elected in 1968, term to begin January 2, 1969; one to be	10326
elected in 1986, term to begin January 3, 1987; two to be elected	10327
in 1988, terms to begin January 1, 1989, and January 2, 1989,	10328
respectively; one to be elected in 1992, term to begin January 4,	10329
1993; two to be elected in 2002, terms to begin January 2, 2003,	10330
and January 3, 2003, respectively; and one to be elected in 2006,	10331
term to begin January 3, 2007;	10332

In Richland county, four judges, one to be elected in 1956,	10333
term to begin January 1, 1957, the second to be elected in 1960,	10334
term to begin February 9, 1961, the third to be elected in 1968,	10335
term to begin January 2, 1969, and the fourth to be elected in	10336
2004, term to begin January 3, 2005;	10337

In Tuscarawas county, two judges, one to be elected in 1956,	10338
term to begin January 1, 1957, and the second to be elected in	10339
1960, term to begin January 2, 1961;	10340

In Wayne county, two judges, one to be elected in 1956, term	10341
beginning January 1, 1957, and one to be elected in 1968, term to	10342
begin January 2, 1969;	10343

In Trumbull county, six judges, one to be elected in 1952,	10344
term to begin January 1, 1953, the second to be elected in 1954,	10345
term to begin January 1, 1955, the third to be elected in 1956,	10346
term to begin January 1, 1957, the fourth to be elected in 1964,	10347
term to begin January 1, 1965, the fifth to be elected in 1976,	10348
term to begin January 2, 1977, and the sixth to be elected in	10349
1994, term to begin January 3, 1995;	10350

(C) In Cuyahoga county, thirty-nine judges; eight to be	10351
elected in 1954, terms to begin on successive days beginning from	10352
January 1, 1955, to January 7, 1955, and February 9, 1955,	10353
respectively; eight to be elected in 1956, terms to begin on	10354
successive days beginning from January 1, 1957, to January 8,	10355
1957; three to be elected in 1952, terms to begin from January 1,	10356
1953, to January 3, 1953; two to be elected in 1960, terms to	10357
begin on January 8, 1961, and January 9, 1961, respectively; two	10358
to be elected in 1964, terms to begin January 4, 1965, and January	10359
5, 1965, respectively; one to be elected in 1966, term to begin on	10360
January 10, 1967; four to be elected in 1968, terms to begin on	10361
successive days beginning from January 9, 1969, to January 12,	10362
1969; two to be elected in 1974, terms to begin on January 18,	10363
1975, and January 19, 1975, respectively; five to be elected in	10364
1976, terms to begin on successive days beginning January 6, 1977,	10365
to January 10, 1977; two to be elected in 1982, terms to begin	10366
January 11, 1983, and January 12, 1983, respectively; and two to	10367
be elected in 1986, terms to begin January 13, 1987, and January	10368
14, 1987, respectively;	10369

In Franklin county, twenty-two judges; two to be elected in	10370
1954, terms to begin January 1, 1955, and February 9, 1955,	10371
respectively; four to be elected in 1956, terms to begin January	10372
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	10373
begin January 1, 1959, to January 4, 1959; three to be elected in	10374
1968, terms to begin January 5, 1969, to January 7, 1969; three to	10375
be elected in 1976, terms to begin on successive days beginning	10376
January 5, 1977, to January 7, 1977; one to be elected in 1982,	10377
term to begin January 8, 1983; one to be elected in 1986, term to	10378
begin January 9, 1987; two to be elected in 1990, terms to begin	10379
July 1, 1991, and July 2, 1991, respectively; one to be elected in	10380
1996, term to begin January 2, 1997; and one to be elected in	10381
2004, term to begin July 1, 2005;	10382

In Hamilton county, twenty-one judges; eight to be elected in	10383
1966, terms to begin January 1, 1967, January 2, 1967, and from	10384
February 9, 1967, to February 14, 1967, respectively; five to be	10385
elected in 1956, terms to begin from January 1, 1957, to January	10386
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	10387
one to be elected in 1974, term to begin January 15, 1975; one to	10388
be elected in 1980, term to begin January 16, 1981; two to be	10389
elected at large in the general election in 1982, terms to begin	10390
April 1, 1983; one to be elected in 1990, term to begin July 1,	10391
1991; and two to be elected in 1996, terms to begin January 3,	10392
1997, and January 4, 1997, respectively;	10393

In Lucas county, fourteen judges; two to be elected in 1954,	10394
terms to begin January 1, 1955, and February 9, 1955,	10395
respectively; two to be elected in 1956, terms to begin January 1,	10396
1957, and October 29, 1957, respectively; two to be elected in	10397
1952, terms to begin January 1, 1953, and January 2, 1953,	10398
respectively; one to be elected in 1964, term to begin January 3,	10399
1965; one to be elected in 1968, term to begin January 4, 1969;	10400
two to be elected in 1976, terms to begin January 4, 1977, and	10401
January 5, 1977, respectively; one to be elected in 1982, term to	10402
begin January 6, 1983; one to be elected in 1988, term to begin	10403
January 7, 1989; one to be elected in 1990, term to begin January	10404
2, 1991; and one to be elected in 1992, term to begin January 2,	10405
1993;	10406

In Mahoning county, seven judges; three to be elected in	10407
1954, terms to begin January 1, 1955, January 2, 1955, and	10408
February 9, 1955, respectively; one to be elected in 1956, term to	10409
begin January 1, 1957; one to be elected in 1952, term to begin	10410
January 1, 1953; one to be elected in 1968, term to begin January	10411
2, 1969; and one to be elected in 1990, term to begin July 1,	10412
1991;	10413

In Montgomery county, fifteen judges; three to be elected in	10414
1954, terms to begin January 1, 1955, January 2, 1955, and January	10415
3, 1955, respectively; four to be elected in 1952, terms to begin	10416
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	10417
respectively; one to be elected in 1964, term to begin January 3,	10418
1965; one to be elected in 1968, term to begin January 3, 1969;	10419
three to be elected in 1976, terms to begin on successive days	10420
beginning January 4, 1977, to January 6, 1977; two to be elected	10421
in 1990, terms to begin July 1, 1991, and July 2, 1991,	10422
respectively; and one to be elected in 1992, term to begin January	10423
1, 1993.	10424

In Stark county, eight judges; one to be elected in 1958,	10425
term to begin on January 2, 1959; two to be elected in 1954, terms	10426
to begin on January 1, 1955, and February 9, 1955, respectively;	10427
two to be elected in 1952, terms to begin January 1, 1953, and	10428
April 16, 1953, respectively; one to be elected in 1966, term to	10429
begin on January 4, 1967; and two to be elected in 1992, terms to	10430
begin January 1, 1993, and January 2, 1993, respectively;	10431

In Summit county, thirteen judges; four to be elected in	10432
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	10433
1955, and February 9, 1955, respectively; three to be elected in	10434
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	10435
1959, respectively; one to be elected in 1966, term to begin	10436
January 4, 1967; one to be elected in 1968, term to begin January	10437
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	10438
to be elected in 1992, term to begin January 6, 1993; and two to	10439
be elected in 2008, terms to begin January 5, 2009, and January 6,	10440
2009, respectively.	10441

Notwithstanding the foregoing provisions, in any county	10442
having two or more judges of the court of common pleas, in which	10443
more than one-third of the judges plus one were previously elected	10444
at the same election, if the office of one of those judges so	10445
elected becomes vacant more than ~~fifty-six~~forty days prior to the	10446
second general election preceding the expiration of that judge's	10447
term, the office that that judge had filled shall be abolished as	10448
of the date of the next general election, and a new office of	10449
judge of the court of common pleas shall be created. The judge who	10450
is to fill that new office shall be elected for a six-year term at	10451
the next general election, and the term of that judge shall	10452
commence on the first day of the year following that general	10453
election, on which day no other judge's term begins, so that the	10454
number of judges that the county shall elect shall not be reduced.	10455

Judges of the probate division of the court of common pleas	10456
are judges of the court of common pleas but shall be elected	10457
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	10458
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	10459
counties in which the judge of the court of common pleas elected	10460
pursuant to this section also shall serve as judge of the probate	10461
division, except in Lorain county in which the judges of the	10462
domestic relations division of the Lorain county court of common	10463
pleas elected pursuant to this section also shall perform the	10464
duties and functions of the judge of the probate division from	10465
February 9, 2009, through September 28, 2009, and except in Morrow	10466
county in which the judges of the court of common pleas elected	10467
pursuant to this section also shall perform the duties and	10468
functions of the judge of the probate division.	10469

Sec. 3501.02. General elections in the state and its	10470
political subdivisions shall be held as follows:	10471

(A) For the election of electors of president and	10472
vice-president of the United States, in the year of 1932 and every	10473
four years thereafter;	10474

(B) For the election of a member of the senate of the United	10475
States, in the years 1932 and 1934, and every six years after each	10476
of such years; except as otherwise provided for filling vacancies;	10477

(C) For the election of representatives in the congress of	10478
the United States and of elective state and county officers	10479
including elected members of the state board of education, in the	10480
even-numbered years; except as otherwise provided for filling	10481
vacancies;	10482

(D) For municipal and township officers, members of boards of	10483
education, judges and clerks of municipal courts, in the	10484
odd-numbered years;	10485

(E)(1) Proposed constitutional amendments or proposed	10486
measures submitted ~~by the general assembly or~~ by initiative or	10487
referendum petitions to the voters of the state at large may be	10488
submitted to the general election in any year occurring at least	10489
~~sixty days, in case of a referendum, and ninety~~one hundred	10490
twenty-five days~~, in the case of an initiated measure,~~ subsequent	10491
to the filing of the petitions therefor. ~~Proposed~~	10492

(2) Proposed constitutional amendments submitted by the	10493
general assembly to the voters of the state at large may be	10494
submitted at a special election or general election in any year	10495
occurring at least ninety days after the resolution is filed with	10496
the secretary of state. The proposed constitutional amendment may	10497
be submitted to the voters at a special election occurring on the	10498
day in any year specified by division (E) of section 3501.01 of	10499
the Revised Code for the holding of a primary election, ~~when~~if a	10500
special election on that date is designated by the general	10501
assembly in the resolution adopting the proposed constitutional	10502
amendment.	10503

No special election shall be held on a day other than the day	10504
of a general election, unless a law or charter provides otherwise,	10505
regarding the submission of a question or issue to the voters of a	10506
county, township, city, village, or school district.	10507

(F)(1) Notwithstanding any provision of the Revised Code to	10508
the contrary, any question or issue, except a candidacy, to be	10509
voted upon at an election shall be certified, for placement upon	10510
the ballot, to the board of elections not later than four p.m. of	10511
the ninetieth day before the day of the election.	10512

(2) Any question or issue that is certified for placement on	10513
a ballot on or after ~~the effective date of this amendment~~July 2,	10514
2010, shall be certified not later than the ninetieth day before	10515
the day of the applicable election, notwithstanding any deadlines	10516
appearing in any section of the Revised Code governing the	10517
placement of that question or issue on the ballot.	10518

Sec. 3513.31. (A) If a person nominated in a primary	10519
election as a candidate for election at the next general election,	10520
whose candidacy is to be submitted to the electors of the entire	10521
state, withdraws as that candidate or is disqualified as that	10522
candidate under section 3513.052 of the Revised Code, the vacancy	10523
in the party nomination so created may be filled by the state	10524
central committee of the major political party that made the	10525
nomination at the primary election, if the committee's chairperson	10526
and secretary certify the name of the person selected to fill the	10527
vacancy by the time specified in this division, at a meeting	10528
called for that purpose. The meeting shall be called by the	10529
chairperson of that committee, who shall give each member of the	10530
committee at least two days' notice of the time, place, and	10531
purpose of the meeting. If a majority of the members of the	10532
committee are present at the meeting, a majority of those present	10533
may select a person to fill the vacancy. The chairperson and	10534
secretary of the meeting shall certify in writing and under oath	10535
to the secretary of state, not later than the eighty-sixth day	10536
before the day of the general election, the name of the person	10537
selected to fill the vacancy. The certification must be	10538
accompanied by the written acceptance of the nomination by the	10539
person whose name is certified. A vacancy that may be filled by an	10540
intermediate or minor political party shall be filled in	10541
accordance with the party's rules by authorized officials of the	10542
party. Certification must be made as in the manner provided for a	10543
major political party.	10544

(B) If a person nominated in a primary election as a party	10545
candidate for election at the next general election, whose	10546
candidacy is to be submitted to the electors of a district	10547
comprised of more than one county but less than all of the	10548
counties of the state, withdraws as that candidate or is	10549
disqualified as that candidate under section 3513.052 of the	10550
Revised Code, the vacancy in the party nomination so created may	10551
be filled by a district committee of the major political party	10552
that made the nomination at the primary election, if the	10553
committee's chairperson and secretary certify the name of the	10554
person selected to fill the vacancy by the time specified in this	10555
division, at a meeting called for that purpose. The district	10556
committee shall consist of the chairperson and secretary of the	10557
county central committee of such political party in each county in	10558
the district. The district committee shall be called by the	10559
chairperson of the county central committee of such political	10560
party of the most populous county in the district, who shall give	10561
each member of the district committee at least two days' notice of	10562
the time, place, and purpose of the meeting. If a majority of the	10563
members of the district committee are present at the district	10564
committee meeting, a majority of those present may select a person	10565
to fill the vacancy. The chairperson and secretary of the meeting	10566
shall certify in writing and under oath to the board of elections	10567
of the most populous county in the district, not later than four	10568
p.m. of the eighty-sixth day before the day of the general	10569
election, the name of the person selected to fill the vacancy. The	10570
certification must be accompanied by the written acceptance of the	10571
nomination by the person whose name is certified. A vacancy that	10572
may be filled by an intermediate or minor political party shall be	10573
filled in accordance with the party's rules by authorized	10574
officials of the party. Certification must be made as in the	10575
manner provided for a major political party.	10576

(C) If a person nominated in a primary election as a party	10577
candidate for election at the next general election, whose	10578
candidacy is to be submitted to the electors of a county,	10579
withdraws as that candidate or is disqualified as that candidate	10580
under section 3513.052 of the Revised Code, the vacancy in the	10581
party nomination so created may be filled by the county central	10582
committee of the major political party that made the nomination at	10583
the primary election, or by the county executive committee if so	10584
authorized, if the committee's chairperson and secretary certify	10585
the name of the person selected to fill the vacancy by the time	10586
specified in this division, at a meeting called for that purpose.	10587
The meeting shall be called by the chairperson of that committee,	10588
who shall give each member of the committee at least two days'	10589
notice of the time, place, and purpose of the meeting. If a	10590
majority of the members of the committee are present at the	10591
meeting, a majority of those present may select a person to fill	10592
the vacancy. The chairperson and secretary of the meeting shall	10593
certify in writing and under oath to the board of that county, not	10594
later than four p.m. of the eighty-sixth day before the day of the	10595
general election, the name of the person selected to fill the	10596
vacancy. The certification must be accompanied by the written	10597
acceptance of the nomination by the person whose name is	10598
certified. A vacancy that may be filled by an intermediate or	10599
minor political party shall be filled in accordance with the	10600
party's rules by authorized officials of the party. Certification	10601
must be made as in the manner provided for a major political	10602
party.	10603

(D) If a person nominated in a primary election as a party	10604
candidate for election at the next general election, whose	10605
candidacy is to be submitted to the electors of a district within	10606
a county, withdraws as that candidate or is disqualified as that	10607
candidate under section 3513.052 of the Revised Code, the vacancy	10608
in the party nomination so created may be filled by a district	10609
committee consisting of those members of the county central	10610
committee or, if so authorized, those members of the county	10611
executive committee in that county of the major political party	10612
that made the nomination at the primary election who represent the	10613
precincts or the wards and townships within the district, if the	10614
committee's chairperson and secretary certify the name of the	10615
person selected to fill the vacancy by the time specified in this	10616
division, at a meeting called for that purpose. The district	10617
committee meeting shall be called by the chairperson of the county	10618
central committee or executive committee, as appropriate, who	10619
shall give each member of the district committee at least two	10620
days' notice of the time, place, and purpose of the meeting. If a	10621
majority of the members of the district committee are present at	10622
the district committee meeting, a majority of those present may	10623
select a person to fill the vacancy. The chairperson and secretary	10624
of the district committee meeting shall certify in writing and	10625
under oath to the board of the county, not later than four p.m. of	10626
the eighty-sixth day before the day of the general election, the	10627
name of the person selected to fill the vacancy. The certification	10628
must be accompanied by the written acceptance of the nomination by	10629
the person whose name is certified. A vacancy that may be filled	10630
by an intermediate or minor political party shall be filled in	10631
accordance with the party's rules by authorized officials of the	10632
party. Certification must be made as in the manner provided for a	10633
major political party.	10634

(E) If a person nominated in a primary election as a party	10635
candidate for election at the next general election, whose	10636
candidacy is to be submitted to the electors of a subdivision	10637
within a county, withdraws as that candidate or is disqualified as	10638
that candidate under section 3513.052 of the Revised Code, the	10639
vacancy in the party nomination so created may be filled by a	10640
subdivision committee consisting of those members of the county	10641
central committee or, if so authorized, those members of the	10642
county executive committee in that county of the major political	10643
party that made the nomination at that primary election who	10644
represent the precincts or the wards and townships within that	10645
subdivision, if the committee's chairperson and secretary certify	10646
the name of the person selected to fill the vacancy by the time	10647
specified in this division, at a meeting called for that purpose.	10648

The subdivision committee meeting shall be called by the	10649
chairperson of the county central committee or executive	10650
committee, as appropriate, who shall give each member of the	10651
subdivision committee at least two days' notice of the time,	10652
place, and purpose of the meeting. If a majority of the members of	10653
the subdivision committee are present at the subdivision committee	10654
meeting, a majority of those present may select a person to fill	10655
the vacancy. The chairperson and secretary of the subdivision	10656
committee meeting shall certify in writing and under oath to the	10657
board of the county, not later than four p.m. of the eighty-sixth	10658
day before the day of the general election, the name of the person	10659
selected to fill the vacancy. The certification must be	10660
accompanied by the written acceptance of the nomination by the	10661
person whose name is certified. A vacancy that may be filled by an	10662
intermediate or minor political party shall be filled in	10663
accordance with the party's rules by authorized officials of the	10664
party. Certification must be made in the manner provided for a	10665
major political party.	10666

(F) If a person nominated by petition as an independent or	10667
nonpartisan candidate for election at the next general election	10668
withdraws as that candidate or is disqualified as that candidate	10669
under section 3513.052 of the Revised Code, the vacancy so created	10670
may be filled by a majority of the committee of five, as	10671
designated on the candidate's nominating petition, if a member of	10672
that committee certifies in writing and under oath to the election	10673
officials with whom the candidate filed the candidate's nominating	10674
petition, not later than the eighty-sixth day before the day of	10675
the general election, the name of the person selected to fill the	10676
vacancy. The certification shall be accompanied by the written	10677
acceptance of the nomination by the person whose name is certified	10678
and shall be made in the manner provided for a major political	10679
party.	10680

(G) If a person nominated in a primary election as a party	10681
candidate for election at the next general election dies, the	10682
vacancy so created may be filled by the same committee in the same	10683
manner as provided in this section for the filling of similar	10684
vacancies created by withdrawals or disqualifications under	10685
section 3513.052 of the Revised Code, except that the	10686
certification, when filling a vacancy created by death, may not be	10687
filed with the secretary of state, or with a board of the most	10688
populous county of a district, or with the board of a county in	10689
which the major portion of the population of a subdivision is	10690
located, later than four p.m. of the tenth day before the day of	10691
such general election, or with any other board later than four	10692
p.m. of the fifth day before the day of such general election.	10693

(H) If a person nominated by petition as an independent or	10694
nonpartisan candidate for election at the next general election	10695
dies prior to the tenth day before the day of that general	10696
election, the vacancy so created may be filled by a majority of	10697
the committee of five designated in the nominating petition to	10698
represent the candidate named in it. To fill the vacancy a member	10699
of the committee shall, not later than four p.m. of the fifth day	10700
before the day of the general election, file with the election	10701
officials with whom the petition nominating the person was filed,	10702
a certificate signed and sworn to under oath by a majority of the	10703
members, designating the person they select to fill the vacancy.	10704
The certification must be accompanied by the written acceptance of	10705
the nomination by the person whose name is so certified.	10706

(I) If a person holding an elective office dies or resigns	10707
subsequent to the one hundred fifteenth day before the day of a	10708
primary election and prior to the eighty-sixth day before the day	10709
of the next general election, and if, under the laws of this	10710
state, a person may be elected at that general election to fill	10711
the unexpired term of the person who has died or resigned, the	10712
appropriate committee of each political party, acting as in the	10713
case of a vacancy in a party nomination, as provided in divisions	10714
(A) to (D) of this section, may select a person as the party	10715
candidate for election for such unexpired term at that general	10716
election, and certify the person's name to the appropriate	10717
election official not later than four p.m. on the eighty-sixth day	10718
before the day of that general election, or on the tenth day	10719
following the day on which the vacancy occurs, whichever is later.	10720
When the vacancy occurs on or subsequent to the eighty-sixth day	10721
and six or more days prior to the ~~fifty-sixth~~fortieth day before	10722
the general election, the appropriate committee may select a	10723
person as the party candidate and certify the person's name, as	10724
provided in the preceding sentence, not later than four p.m. on	10725
the ~~fiftieth~~tenth day following the day on which the vacancy	10726
occurs. When the vacancy occurs fewer than six days before the	10727
fortieth day before the general election, the deadline for filing	10728
shall be four p.m. on the thirty-sixth day before the general	10729
election. Thereupon the name shall be printed as the party	10730
candidate under proper titles and in the proper place on the	10731
proper ballots for use at the election. If a person has been	10732
nominated in a primary election, the authorized committee of that	10733
political party shall not select and certify a person as the party	10734
candidate.	10735

(J) Each person desiring to become an independent candidate	10736
to fill the unexpired term shall file a statement of candidacy and	10737
nominating petition, as provided in section 3513.261 of the	10738
Revised Code, with the appropriate election official not later	10739
than four p.m. on the tenth day following the day on which the	10740
vacancy occurs, provided that when the vacancy occurs fewer than	10741
six days before the fifty-sixth day before the general election,	10742
the deadline for filing shall be four p.m. on the fiftieth day	10743
before the general election. The nominating petition shall contain	10744
at least seven hundred fifty signatures and no more than one	10745
thousand five hundred signatures of qualified electors of the	10746
district, political subdivision, or portion of a political	10747
subdivision in which the office is to be voted upon, or the amount	10748
provided for in section 3513.257 of the Revised Code, whichever is	10749
less.	10750

(K) When a person nominated as a candidate by a political	10751
party in a primary election or by nominating petition for an	10752
elective office for which candidates are nominated at a party	10753
primary election withdraws, dies, or is disqualified under section	10754
3513.052 of the Revised Code prior to the general election, the	10755
appropriate committee of any other major political party or	10756
committee of five that has not nominated a candidate for that	10757
office, or whose nominee as a candidate for that office has	10758
withdrawn, died, or been disqualified without the vacancy so	10759
created having been filled, may, acting as in the case of a	10760
vacancy in a party nomination or nomination by petition as	10761
provided in divisions (A) to (F) of this section, whichever is	10762
appropriate, select a person as a candidate of that party or of	10763
that committee of five for election to the office.	10764

Section 4. That existing sections 3.02, 302.09, 305.02,	10765
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the	10766
Revised Code are hereby repealed.	10767

Section 5. Directives 2011-01 and 2009-21 issued by the	10768
secretary of state are hereafter void and shall not be enforced or	10769
have effect on or after the effective date of sections 3517.01 and	10770
3517.012 of the Revised Code, as amended by this act.	10771

Section 6. A board of elections shall rearrange and combine	10772
precincts within the applicable county as necessary to comply with	10773
the minimum precinct size requirements established in section	10774
3501.18 of the Revised Code, as amended by this act, not later	10775
than December 31, 2011.	10776

Section 7. The amendment of section 3517.01 of the Revised	10777
Code by Sections 1 and 2 of this act shall supersede the	10778
provisions of rule 111-3-05 of the Administrative Code. On and	10779
after the effective date of section 3517.01 of the Revised Code,	10780
as amended by this act, rule 111-3-05 of the Administrative Code	10781
shall be void and have no further effect.	10782