As Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Mecklenborg, Blessing
Cosponsors:
Representatives Combs, Anielski, Baker, Boose, Brenner, Bubp, Buchy, Coley, Grossman, Hackett, Huffman, Maag, Martin, Newbold, Slaby, Uecker Speaker Batchelder
Senators Faber, Bacon, Beagle, Coley, Hite, Jones, Jordan, Lehner, Niehaus, Schaffer, Seitz, Widener
A BILL
To amend sections 3.02, 7.101, 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,
3501.053, 3501.10, 3501.11, 3501.13, 3501.14,
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, 3503.24,
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, 3513.05,
3513.12, 3513.131, 3513.18, 3513.19, 3513.21,
3513.262, 3513.30, 3513.31, 3515.04, 3517.01,
3517.012, 3517.014, 3517.015, 3517.10, 3517.102,
3517.103, 3517.106, 3717.107, 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, 3501.50, 3503.05,
3503.20, 3503.22, 3505.05, 3506.021, 3509.051,
3517.211, and 3599.30, and to repeal sections
3503.29, 3504.01, 3506.16, 3517.016, 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 7.101, 511.27, 1545.21, 2101.44,
3501.01, 3501.05, 3501.051, 3501.053, 3501.10, 3501.11, 3501.13,
3501.14, 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, 3503.24, 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, 3513.05, 3513.12,
3513.131, 3513.18, 3513.19, 3513.21, 3513.262, 3513.30, 3515.04,
3517.01, 3517.012, 3517.014, 3517.015, 3517.10, 3517.102,
3517.103, 3517.106, 3517.107, 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 be amended and new section 3504.01
and sections 3501.111, 3501.302, 3501.40, 3501.50, 3503.05,
3503.20, 3503.22, 3505.05, 3506.021, 3509.051, 3517.211, and
3599.30 of the Revised Code be enacted to read as follows:
Sec. 7.101. For publication of proposed amendments to the
Ohio constitution Constitution, ballot language, and explanations
and arguments both for and against proposed amendments, referenda,
or laws proposed by initiative petitions, publishers of newspapers
may charge and receive rates charged on annual contracts by them
for a like amount of space to other advertisers who advertise in
its general display advertising columns.
Legal advertising of proposed amendments to the constitution
shall be printed in display form and shall meet the following
specifications. The advertisements shall contain a headline
entitled "proposed amendment to the Ohio constitution
Constitution" printed in not smaller than thirty-point type. The
ballot language, and explanations and arguments both for and
against the proposed amendments, shall be printed in type not
smaller than
ten point eight-point type. For referenda and laws
proposed by initiative petitions, the advertisement shall contain
a headline entitled "referendum" or, when appropriate, "proposed
law" printed in not smaller than thirty-point type. All
advertisements shall contain such normal spaces and blanks as
contribute to clarity and understanding and the entire section of
each publication shall be enclosed by a black border line of the
same point type size as corresponds to the type size of the ballot
language. The notice shall be printed in two or more columns if
necessary to contribute to clarity or understanding or if
necessary to accommodate the black border outline.
All legal advertisements or notices under this section shall
be printed in newspapers published in the English language only.
Sec. 511.27. (A) To defray the expenses of the township park
district and for purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the board of park commissioners may levy a sufficient
tax within the ten-mill limitation, not to exceed one mill on each
dollar of valuation on all real and personal property within the
township, and on all real and personal property within any
municipal corporation that is within the township, that was within
the township at the time that the park district was established,
or the boundaries of which are coterminous with or include the
township. The levy shall be over and above all other taxes and
limitations on such property authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the board of park commissioners, not less than ninety
days before the day of the election, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for
the necessary requirements of the district and that it is
necessary to levy a tax in excess of that limitation for the use
of the district. The resolution shall specify the purpose for
which the taxes shall be used, the annual rate proposed, and the
number of consecutive years the levy will be in effect. Upon the
adoption of the resolution, the question of levying the taxes
shall be submitted to the electors of the township and the
electors of any municipal corporation that is within the township,
that was within the township at the time that the park district
was established, or the boundaries of which are coterminous with
or include the township, at a special election to be held on
whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in May of any
calendar year, except that, if a presidential day of the next
ensuing primary election is held in that calendar year, then the
day of that election.
The rate submitted to the electors at any one election shall
not exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy vote
in favor of the levy, the tax shall be levied on all real and
personal property within the township and on all real and personal
property within any municipal corporation that is within the
township, that was within the township at the time that the park
district was established, or the boundaries of which are
coterminous with or include the township, and the levy shall be
over and above all other taxes and limitations on such property
authorized by law.
(C) In any township park district that contains only
unincorporated territory, if the township board of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
board of park commissioners shall receive approval for its levy
request from the board of township trustees. The board of park
commissioners shall adopt a resolution requesting the board of
township trustees to approve the levy request, stating the annual
rate of the proposed levy and the reason for the levy request. On
receiving this request, the board of township trustees shall vote
on whether to approve the request and, if a majority votes to
approve it, shall issue a resolution approving the levy at the
requested rate.
Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. The
resolution shall declare the necessity of levying such taxes,
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years the rate
shall be levied. Such resolution shall be forthwith certified to
the board of elections in each county in which any part of such
district is located, not later than the ninetieth day before the
day of the election, and the question of the levy of taxes as
provided in such resolution shall be submitted to the electors of
the district at a special election to be held on whichever of the
following occurs first:
(A) The day of the next general election;
(B) The first Tuesday after the first Monday in May in any
calendar year, except that if a presidential day of the next
primary election is held in that calendar year, then the day of
that election. The
The ballot shall set forth the purpose for which the taxes
shall be levied, the annual rate of levy, and the number of years
of such levy. If the tax is to be placed on the current tax list,
the form of the ballot shall state that the tax will be levied in
the current tax year and shall indicate the first calendar year
the tax will be due. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon
the passage of the new levy, the ballot may include a statement
that: "an existing levy of ... mills (stating the original levy
millage), having ... years remaining, will be canceled and
replaced upon the passage of this levy." In such case, the ballot
may refer to the new levy as a "replacement levy" if the new
millage does not exceed the original millage of the levy being
canceled or as a "replacement and additional levy" if the new
millage exceeds the original millage of the levy being canceled.
If a majority of the electors voting upon the question of such
levy vote in favor thereof, such taxes shall be levied and shall
be in addition to the taxes authorized by section 1545.20 of the
Revised Code, and all other taxes authorized by law. The rate
submitted to the electors at any one time shall not exceed two
mills annually upon each dollar of valuation. When a tax levy has
been authorized as provided in this section or in section 1545.041
of the Revised Code, the board of park commissioners may issue
bonds pursuant to section 133.24 of the Revised Code in
anticipation of the collection of such levy, provided that such
bonds shall be issued only for the purpose of acquiring and
improving lands. Such levy, when collected, shall be applied in
payment of the bonds so issued and the interest thereon. The
amount of bonds so issued and outstanding at any time shall not
exceed one per cent of the total tax valuation in such district.
Such bonds shall bear interest at a rate not to exceed the rate
determined as provided in section 9.95 of the Revised Code.
Sec. 2101.44. The election upon the question of combining
the probate court and the court of common pleas shall be conducted
as provided for the election of county officers.
The board of election elections shall provide separate
ballots, ballot boxes, tally sheets, blanks, stationery, and all
such other supplies as may be necessary in the conduct of such
election.
Ballots shall be printed with an affirmative and negative
statement thereon, as follows:
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The probate court and the court of common pleas shall be combined. |
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The probate court and the court of common pleas shall not be combined. |
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Returns of said election shall be made and canvassed at the
same time and in the same manner as an election for county
officers. The board shall certify the result of said election to
the secretary of state, to the probate judge of said county, and
to the judge of the court of common pleas, and such result shall
be spread upon the journal of the probate court and of the court
of common pleas.
If a majority of the votes cast at such an election are in
favor of combining said courts, such courts shall stand combined
upon determination of the fact that a majority of the persons
voting upon the question of the combination of such courts voted
in favor of such combination.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal or
county charter, but may be held on the first Tuesday after the
first Monday in March.
(E)(1) "Primary" or "primary election" means an election held
for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political
parties and as delegates and alternates to the conventions of
political parties. Primary elections shall be held on the first
Tuesday after the first Monday in May of each year except in years
in which a presidential primary election is held.
(2) "Presidential primary election" means a primary election
as defined by division (E)(1) of this section at which an election
is held for the purpose of choosing delegates and alternates to
the national conventions of the major political parties pursuant
to section 3513.12 of the Revised Code. Unless otherwise
specified, presidential primary elections are included in
references to primary elections. In years in which a presidential
primary election is held, all primary elections shall be held on
the first Tuesday after the first Monday in March except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at the
most recent regular state election.
(2) "Intermediate political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular state election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular state election or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a write-in candidate, or who knowingly assents to being
represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a political party, whose name has been certified on the
office-type ballot at a general or special election through the
filing of a declaration of candidacy and petition of candidate,
and who has won the primary election of the candidate's party for
the public office the candidate seeks or is selected by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
may vote.
(Q) "Precinct" means a district within a county established
by the board of elections of such county within which all
qualified electors having a voting residence therein may vote at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T) "Political subdivision" means a county, township, city,
village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(2) Employees of the secretary of state serving the division
of elections in the capacity of attorney, administrative officer,
administrative assistant, elections administrator, office manager,
or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges election officials;
(8) Employees appointed by the boards of elections on a
temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides
state-funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other public or government office or agency that implements a
program designed and administered by the secretary of state for
registering voters, including the department of job and family
services, the program administered under section 3701.132 of the
Revised Code by the department of health, the department of mental
health, the department of developmental disabilities, the
rehabilitation services commission, and any other agency the
secretary of state designates. "Designated agency" does not
include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4) It includes shall have on it an expiration date that has
not passed.
(5) It was issued by the government of the United States or
this state.
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the
ballot for any proposed law or amendment to the constitution to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state
questions and issues and determine and certify to the sufficiency
of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or prosecuting
attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply
with or a violation of a provision in sections 3517.08 to 3517.13,
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153 of the Revised
Code;.
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters from
the statewide voter registration database and, if applicable, from
the poll list or signature pollbook used in each precinct, which
rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal;
(4) The secretary of state to notify the applicable board of
elections of each elector that the secretary of state has removed
from the database.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration
forms through boards of elections, designated agencies, offices of
the registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database
of all legally registered voters under section 3503.15 of the
Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification,
absent voters ballot, provisional ballot, and other voting
requirements;
(AA) Establish a procedure by which a registered elector may
make available to a board of elections a more recent signature to
be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part
of the official explanations and arguments, by means of direct
mail or other written publication, broadcast, or other means or
combination of means, as directed by the Ohio ballot board under
division (F) of section 3505.062 of the Revised Code, in order to
inform the voters as fully as possible concerning each proposed
constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising
from amendments to that act made by the "Military and Overseas
Voter Empowerment Act," Subtitle H of the National Defense
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123
Stat. 3190.
(DD) Compile, from the boards of elections, the voting
history of each registered elector who cast a ballot in an
election, for inclusion in the statewide voter registration
database. The secretary of state shall determine, by rule, the
length of an elector's voting history that shall be included in
the database;
(EE) Adopt rules, under Chapter 119. of the Revised Code, to
establish procedures and standards for determining when a board of
elections shall be placed under the official oversight of the
secretary of state, placing a board of elections under the
official oversight of the secretary of state, a board that is
under official oversight to transition out of official oversight,
and the secretary of state to supervise a board of elections that
is under official oversight of the secretary of state.
(FF) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service uniformed services or
overseas absent voter's ballots; the supplying of election
materials to precincts by boards of elections; the holding of
hearings by boards of elections to consider challenges to the
right of a person to appear on a voter registration list; and the
scheduling of programs to instruct or reinstruct election
officers.
In the performance of the secretary of state's duties as the
chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds for registration,
the secretary of state may, through the attorney general, bring an
action in the name of the state in the court of common pleas of
the county where the cause of action arose or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries,
and the office of a county treasurer shall implement voter
registration programs as directed by the secretary of state
pursuant to this section.
Sec. 3501.051. (A) Notwithstanding any other section of the
Revised Code, the secretary of state may authorize, in one or more
precincts in one or more counties, a program allowing individuals
under the age of eighteen to enter the polling place and vote in a
simulated election held at the same time as a general election.
Any individual working in or supervising at a simulated election
may enter the polling place and remain within it during the entire
period the polls are open.
(B) A program established under division (A) of this section
shall require all of the following:
(1) That the duties imposed on judges of precinct election
officials and peace officers under section 3501.33 of the Revised
Code be performed by those judges officials and officers in regard
to simulated elections and all activities related to simulated
elections;
(2) That volunteers provide the personnel necessary to
conduct the simulated election, except that employees of the
secretary of state, employees or members of boards of elections,
and precinct election officials may aid in operating the program
to the extent permitted by the secretary of state;
(3) That individuals under the age of fourteen be accompanied
to the simulated election by an individual eighteen years of age
or over;
(4) Any other requirements the secretary of state considers
necessary for the orderly administration of the election process.
Sec. 3501.053. (A) The secretary of state may issue
instructions as to the proper method of conducting elections to
members of the boards of elections by permanent or temporary
directives.
(1) The secretary of state shall establish a process to allow
public review and public comment of proposed directives. Prior to
issuing any permanent directive, the secretary of state shall
provide reasonable notice of the issuance of the directive and
allow a reasonable amount of time for public review and public
comment of the proposed directive under this division.
No permanent directive shall be issued during the period
beginning ninety thirty days prior to the day of an election and
ending on the fortieth thirtieth day following the day of that
election.
(2) Temporary directives shall only be issued, and shall only
have effect, during the period beginning ninety days prior to the
day of an election and ending on the fortieth day following the
day of that election. Temporary directives shall not be subject to
public review and public comment under division (A)(1) of this
section.
A temporary directive shall not become a permanent directive
unless the temporary directive is proposed as a permanent
directive and subject to public review and public comment under
division (A)(1) of this section.
If the situation prompting the establishment of a temporary
directive appears likely to recur, the secretary of state shall
establish a permanent directive addressing the situation.
(B) In addition to any other publication of directives and
advisories issued by the secretary of state, the secretary of
state shall publish those directives and advisories on a web site
of the office of the secretary of state as soon as is practicable
after they are issued, but not later than the close of business on
the same day as a directive or advisory is issued. The secretary
of state shall not remove from the web site any directives and
advisories so posted. The secretary of state shall provide on that
web site access to all directives and advisories currently in
effect and maintain an archive of all directives and advisories
previously published on that web site.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms, necessary
to its operation, for the length of time and upon the terms the
board deems in the best interests of the public, provided that the
term of any such lease shall not exceed fifteen years.
Thirty days prior to entering into such a lease, the board
shall notify the board of county commissioners in writing of its
intent to enter into the lease. The notice shall specify the terms
and conditions of the lease. Prior to the thirtieth day after
receiving that notice and before any lease is entered into, the
board of county commissioners may reject the proposed lease by a
majority vote. After receiving written notification of the
rejection by the board of county commissioners, the board of
elections shall not enter into the lease that was rejected, but
may immediately enter into additional lease negotiations, subject
to the requirements of this section.
The board of elections in any county may, by resolution,
request that the board of county commissioners submit to the
electors of the county, in accordance with section 133.18 of the
Revised Code, the question of issuing bonds for the acquisition of
real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of
the duties of the board of elections. The resolution declaring the
necessity for issuing such bonds shall relate only to the
acquisition of real estate and to the construction, furnishing,
and equipping of a building as provided in this division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day
of registration before a general or primary election. At all other
times during each week, the board shall keep its offices and rooms
open for a period of time that the board considers necessary for
the performance of its duties.
(C)(1) The board of elections may maintain permanent or
temporary branch offices at any place within the county, provided
that, if. Except as otherwise provided in division (C)(2) of this
section, the board of elections permits shall not permit electors
to vote at a branch office, electors shall not be permitted to
vote at any other branch office or any other office of the board
of elections.
(2) A board of elections may permit electors to cast absent
voter's ballots in person before an election at a branch office of
the board of elections if both of the following apply:
(a) At least three members of the board of elections vote to
establish a branch office at a specified location for the
applicable election.
(b) At least three members of the board of elections
determine, as part of the vote cast under division (C)(2)(a) of
this section, that the board of elections lacks the physical
capacity at the office of the board to conduct in-person absent
voting at that location for the applicable election.
(3) The determination of whether to establish a branch office
at which electors may cast absent voter's ballots in person before
an election under division (C)(2) of this section shall be made
separately for each election based on the projected physical
capacity requirements for in-person absent voting at that
election.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to the board by Title XXXV of the
Revised Code, shall perform all the duties imposed by law, and
shall do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and maintenance
of booths, ballot boxes, books, maps, flags, blanks, cards of
instructions, and other forms, papers, and equipment used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers of
elections, fill vacancies, and designate the ward or district and
precinct in which each shall serve;
(E) Make and issue rules and instructions, not inconsistent
with law or the rules, directives, or advisories issued by the
secretary of state, as it considers necessary for the guidance of
election officers and voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices, advertisements,
and publications concerning elections, except as otherwise
provided in division (G) of section 3501.17 and divisions (F) and
(G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and other
required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with
voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each
board of a county that uses voting machines, marking devices, or
automatic tabulating equipment shall conduct a full vote of the
board during a public session of the board on the allocation and
distribution of voting machines, marking devices, and automatic
tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties, or
violations of Title XXXV of the Revised Code by election officers
and other persons; administer oaths, issue subpoenas, summon
witnesses, and compel the production of books, papers, records,
and other evidence in connection with any such investigation; and
report the facts to the prosecuting attorney or the secretary of
state;
(K) Review, examine, and certify the sufficiency and validity
of petitions and nomination papers, and, after certification,
return to the secretary of state all petitions and nomination
papers that the secretary of state forwarded to the board;
(L) Receive the returns of elections, canvass the returns,
make abstracts of them, and transmit those abstracts to the proper
authorities;
(M) Issue certificates of election on forms to be prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on the
form prescribed by the secretary of state, containing a statement
of the number of voters registered, elections held, votes cast,
appropriations received, expenditures made, and other data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform other duties as prescribed by law or the rules,
directives, or advisories of the secretary of state;
(Q) Investigate and determine the residence qualifications of
electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the names and
residence addresses of all incumbent county, municipal, township,
and board of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of
all qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter registration as required by the secretary of
state, and remove ineligible electors from voter registration
lists in accordance with law and directives of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and transmit the language to the secretary of state for
the secretary of state's final approval;
(W) Prepare and cause the following notice to be displayed in
a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the
board, if no decision can be arrived at, the director or
chairperson shall submit the matter in controversy, not later than
fourteen days after the tie vote or the disagreement, to the
secretary of state, who shall summarily decide the question, and
the secretary of state's decision shall be final.
(Y) Assist each designated agency, deputy registrar of motor
vehicles, public high school and vocational school, public
library, and office of a county treasurer in the implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state. Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing outside the county where the board is located within five
days after receiving the applications.
(Z) On any day on which an elector may vote in person at the
office of the board or at another site designated by the board,
consider the board or other designated site a polling place for
that day. All requirements or prohibitions of law that apply to a
polling place shall apply to the office of the board or other
designated site on that day.
(AA) Perform any duties with respect to voter registration
and voting by uniformed services and overseas voters that are
delegated to the board by law or by the rules, directives, or
advisories of the secretary of state.
(BB) Maintain a list of registered electors in the county who
cast a ballot at each election, which list shall be provided to
the secretary of state following each election.
Sec. 3501.111. A board of elections may contract with another
board of elections in this state, with a county automatic data
processing board, or with an educational service center for the
provision of election services, including any duties imposed upon
the board of elections under section 3501.11 of the Revised Code.
Any contract entered into pursuant to this section shall be
approved by the boards of county commissioners of the affected
counties.
Sec. 3501.13. (A) The director of the board of elections
shall keep a full and true record of the proceedings of the board
and of all moneys received and expended; file and preserve in the
board's office all orders and records pertaining to the
administration of registrations, primaries, and elections; receive
and have the custody of all books, papers, and property belonging
to the board; and perform other duties in connection with the
office of director and the proper conduct of elections as the
board determines.
(B) Before entering upon the duties of the office, the
director shall subscribe to an oath that the director will support
the Constitution of the United States and the Ohio Constitution,
perform all the duties of the office to the best of the director's
ability, enforce the election laws, and preserve all records,
documents, and other property pertaining to the conduct of
elections placed in the director's custody.
(C) The director may administer oaths to persons required by
law to file certificates or other papers with the board, to judges
of elections precinct election officials, to witnesses who are
called to testify before the board, and to voters filling out
blanks at the board's offices. Except as otherwise provided by
state or federal law, the records of the board and papers and
books filed in its office are public records and open to
inspection under such reasonable regulations as shall be
established by the board. The social security number of any
elector or of any applicant for voter registration is not a public
record. The board shall redact any such number from any record
that it makes open to public inspection or copying under this
section.
The following notice shall be posted in a prominent place at
each board office:
"Except as otherwise provided by state or federal law,
records filed in this office of the board of elections are open to
public inspection during normal office hours, pursuant to the
following reasonable regulations: (the board shall here list its
regulations). Whoever prohibits any person from inspecting the
public records of this board is subject to the penalties of
section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire
as provided for in section 145.38 of the Revised Code, the
director shall provide a copy to each member of the board of
elections.
Sec. 3501.14. The board of elections shall, by a vote of not
less than three of its members, fix the annual compensation of its
director and deputy director who are selected in accordance with
section 3501.09 of the Revised Code.
The board may, when necessary, appoint a deputy director, who
shall not be a member of the same political party of which the
director is a member, and other employees, prescribe their duties,
and, by a vote of not less than three of its members, fix their
compensation.
The director, deputy director, and other employees of the
board are not public officers and shall serve, during their term
of office, at the discretion of the board. The board may summarily
remove the director or the deputy director by a vote of not less
than three of its members and may remove any other employee by a
majority vote of its membership.
The deputy director and all other election officials shall
take and subscribe to the same oath for the faithful performance
of their duties as is required of the director of the board. The
deputy director shall have the same power as the director to
administer oaths. The board may also employ additional employees,
when necessary, for part time only or on a temporary basis at the
prevailing rate of pay for such services. Non-full-time,
part-time, and temporary employees shall only be paid sick or
vacation time subject to action adopted by the board.
A tie vote or disagreement in the board on the amount of
compensation to be paid to a director, deputy director, or any
employee shall not be submitted to the secretary of state.
Sec. 3501.17. (A) The expenses of the board of elections
shall be paid from the county treasury, in pursuance of
appropriations by the board of county commissioners, in the same
manner as other county expenses are paid. If the board of county
commissioners fails to appropriate an amount sufficient to provide
for the necessary and proper expenses of the board of elections
pertaining to the conduct of elections, the board of elections may
apply to the court of common pleas within the county, which shall
fix the amount necessary to be appropriated and the amount shall
be appropriated. Payments shall be made upon vouchers of the board
of elections certified to by its chairperson or acting chairperson
and the director or deputy director, upon warrants of the county
auditor.
The board of elections shall not incur any obligation
involving the expenditure of money unless there are moneys
sufficient in the funds appropriated therefor to meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among the county and the various subdivisions as
provided in this section, and the amount chargeable to each
subdivision shall be paid as provided in division (J) of this
section or withheld by the auditor from the moneys payable thereto
at the time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall submit
to the taxing authority of each subdivision, upon the request of
the subdivision, an estimate of the amount to be paid or withheld
from the subdivision during the current or next fiscal year.
(B) Except as otherwise provided in division (F) of this
section, the compensation of the members of the board of elections
and of the director, deputy director, and regular employees in the
board's offices, other than compensation for overtime worked; the
expenditures for the rental, furnishing, and equipping of the
office of the board and for the necessary office supplies for the
use of the board; the expenditures for the acquisition, repair,
care, and custody of the polling places, booths, guardrails, and
other equipment for polling places; the cost of tally sheets,
maps, flags, ballot boxes, and all other permanent records and
equipment; the cost of all elections held in and for the state and
county; and all other expenses of the board which are not
chargeable to a political subdivision in accordance with this
section shall be paid in the same manner as other county expenses
are paid.
(C) The compensation of judges of elections precinct election
officials and intermittent employees in the board's offices; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof, including voting machines, marking devices, and
automatic tabulating equipment; the cost of printing and
delivering ballots, cards of instructions, registration lists
required under section 3503.23 of the Revised Code, and other
election supplies, including the supplies required to comply with
division (H) of section 3506.01 of the Revised Code; the cost of
contractors engaged by the board to prepare, program, test, and
operate voting machines, marking devices, and automatic tabulating
equipment; and all other expenses of conducting primaries and
elections in the odd-numbered years shall be charged to the
subdivisions in and for which such primaries or elections are
held. The charge for each primary or general election in
odd-numbered years for each subdivision shall be determined in the
following manner: first, the total cost of all chargeable items
used in conducting such elections shall be ascertained; second,
the total charge shall be divided by the number of precincts
participating in such election, in order to fix the cost per
precinct; third, the cost per precinct shall be prorated by the
board of elections to the subdivisions conducting elections for
the nomination or election of offices in such precinct; fourth,
the total cost for each subdivision shall be determined by adding
the charges prorated to it in each precinct within the
subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as a
primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special election
is held on the same day as a primary or general election in an
odd-numbered year, the subdivision submitting the special election
shall be charged for the cost of ballots and advertising for such
special election, in addition to the charges prorated to such
subdivision for the election or nomination of candidates in each
precinct within the subdivision, as set forth in the preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election on
the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision based
upon a ratio determined by the number of issues placed on the
ballot by each, except as otherwise provided in division (G) of
this section. Such proportional division of cost shall be made
only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special election solely for the purpose of submitting to the
voters a statewide ballot issue, the state shall bear the entire
cost of the election in that precinct and shall reimburse the
county for all expenses incurred in opening the precinct.
(G)(1) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and arguments for or against those issues, as required by Section
1g of Article II and Section 1 of Article XVI, Ohio Constitution,
and any other section of law. Appropriations made to the
controlling board shall be used to reimburse the secretary of
state for all expenses the secretary of state incurs for such
advertising under division (G) of section 3505.062 of the Revised
Code.
(2) There is hereby created in the state treasury the
statewide ballot advertising fund. The fund shall receive
transfers approved by the controlling board, and shall be used by
the secretary of state to pay the costs of advertising state
ballot issues as required under division (G)(1) of this section.
Any such transfers may be requested from and approved by the
controlling board prior to placing the advertising, in order to
facilitate timely provision of the required advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the board of county commissioners may, by
resolution, establish an elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the board of county commissioners may, by
resolution, transfer money to the elections revenue fund from any
other fund of the political subdivision from which such payments
lawfully may be made. Following an affirmative vote of a majority
of the members of the board of elections, the board of county
commissioners may, by resolution, rescind an elections revenue
fund established under this division. If an elections revenue fund
is rescinded, money that has accumulated in the fund shall be
transferred to the county general fund.
(J)(1) Not less than fifteen business days before the
deadline for submitting a question or issue for placement on the
ballot at a special election, the board of elections shall prepare
and file with the board of county commissioners and the office of
the secretary of state the estimated cost, based on the factors
enumerated in this section, for preparing for and conducting an
election on one question or issue, one nomination for office, or
one election to office in each precinct in the county at that
special election and shall divide that cost by the number of
registered voters in the county.
(2) The board of elections shall provide to a political
subdivision seeking to submit a question or issue, a nomination
for office, or an election to office for placement on the ballot
at a special election with the estimated cost for preparing for
and conducting that election, which shall be calculated either by
multiplying the number of registered voters in the political
subdivision with the cost calculated under division (J)(1) of this
section or by multiplying the cost per precinct with the number or
precincts in the political subdivision. A political subdivision
submitting a question or issue, a nomination for office, or an
election to office for placement on the ballot at that special
election shall pay to the county elections revenue fund sixty-five
per cent of the estimated cost of the election not less than ten
business days after the deadline for submitting a question or
issue for placement on the ballot for that special election.
(3) Not later than sixty days after the date of a special
election, the board of elections shall provide to each political
subdivision the true and accurate cost for the question or issue,
nomination for office, or election to office that the subdivision
submitted to the voters on the special election ballots. If the
board of elections determines that a subdivision paid less for the
cost of preparing and conducting a special election under division
(J)(2) of this section than the actual cost calculated under this
division, the subdivision shall remit to the county elections
revenue fund the difference between the payment made under
division (J)(2) of this section and the final cost calculated
under this division within thirty days after being notified of the
final cost. If the board of elections determines that a
subdivision paid more for the cost of preparing and conducting a
special election under division (J)(2) of this section than the
actual cost calculated under this division, the board of elections
promptly shall notify the board of county commissioners of that
difference. The board of county commissioners shall remit from the
county elections revenue fund to the political subdivision the
difference between the payment made under division (J)(2) of this
section and the final cost calculated under this division within
thirty days after receiving that notification.
(K) As used in this section:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any ballot issue, whether
proposed by the general assembly or by initiative or referendum,
that is submitted to the voters throughout the state.
Sec. 3501.18. (A) The board of elections may divide a
political subdivision within its jurisdiction into precincts,
establish, define, divide, rearrange, and combine the several
election precincts within its jurisdiction, and change the
location of the polling place for each precinct when it is
necessary to maintain the requirements as to the number of voters
in a precinct and to provide for the convenience of the voters and
the proper conduct of elections. No change in the number of
precincts or in precinct boundaries shall be made during the
twenty-five days immediately preceding a primary or general
election or between the first day of January and the day on which
the members of county central committees are elected in the years
in which those committees are elected. Except as otherwise
provided in section 3501.20 of the Revised Code and in division
(C) of this section, each precinct shall contain a number of
electors, not to exceed one thousand four hundred and, if the
precinct is located in a municipal corporation, not less than five
hundred, that the board of elections determines to be a reasonable
number after taking into consideration the type and amount of
available equipment, prior voter turnout, the size and location of
each selected polling place, available parking, availability of an
adequate number of poll workers, and handicap accessibility and
other accessibility to the polling place.
If the board changes the boundaries of a precinct after the
filing of a local option election petition pursuant to sections
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that
calls for a local option election to be held in that precinct, the
local option election shall be held in the area that constituted
the precinct at the time the local option petition was filed,
regardless of the change in the boundaries.
If the board changes the boundaries of a precinct in order to
meet the requirements of division (B)(1) of this section in a
manner that causes a member of a county central committee to no
longer qualify as a representative of an election precinct in the
county, of a ward of a city in the county, or of a township in the
county, the member shall continue to represent the precinct, ward,
or township for the remainder of the member's term, regardless of
the change in boundaries.
In an emergency, the board may provide more than one polling
place in a precinct. In order to provide for the convenience of
the voters, the board may locate polling places for voting or
registration outside the boundaries of precincts, provided that
the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a
polling place. Except in an emergency, no change in the number or
location of the polling places in a precinct shall be made during
the twenty-five days immediately preceding a primary or general
election.
Electors who have failed to respond within thirty days to any
confirmation notice shall not be counted in determining the size
of any precinct under this section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, a board of elections shall determine all precinct
boundaries using geographical units used by the United States
department of commerce, bureau of the census, in reporting the
decennial census of Ohio.
(2) The board of elections may apply to the secretary of
state for a waiver from the requirement of division (B)(1) of this
section when it is not feasible to comply with that requirement
because of unusual physical boundaries or residential development
practices that would cause unusual hardship for voters. The board
shall identify the affected precincts and census units, explain
the reason for the waiver request, and include a map illustrating
where the census units will be split because of the requested
waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing, the board may change a
precinct boundary as necessary under this section, notwithstanding
the requirement in division (B)(1) of this section.
(C) The board of elections may apply to the secretary of
state for a waiver from the requirement of division (A) of this
section regarding the number of electors in a precinct when the
use of geographical units used by the United States department of
commerce, bureau of the census, will cause a precinct to contain
more than one thousand four hundred electors. The board shall
identify the affected precincts and census units, explain the
reason for the waiver request, and include a map illustrating
where census units will be split because of the requested waiver.
If the secretary of state approves the waiver and so notifies the
board of elections in writing, the board may change a precinct
boundary as necessary to meet the requirements of division (B)(1)
of this section.
(D) A board of elections does not violate division (A) of
this section if its minimum precinct size varies from the minimum
precinct size established in that division by five per cent or
less.
(E) The board of elections may apply to the secretary of
state for a waiver from the minimum precinct size requirements of
division (A) of this section. The board shall identify the
affected precincts and explain the reason for the waiver request.
If the secretary of state approves the waiver and so notifies the
board of elections in writing, the board may change a precinct
boundary in the manner specified in the waiver request.
Sec. 3501.20. The Notwithstanding the minimum precinct size
established under section 3501.18 of the Revised Code, the lands
used for a state or national home for disabled soldiers shall
constitute a separate election precinct, and, if necessary, may be
divided and rearranged within such limits as other precincts are
arranged and divided.
Sec. 3501.22. (A) On (1) Except as otherwise provided in
division (A)(2) of this section, on or before the fifteenth day of
September in each year, the board of elections by a majority vote
shall, after careful examination and investigation as to their
qualifications, appoint for each election precinct four residents
of the county in which the precinct is located, as judges precinct
election officials. Except as otherwise provided in division (C)
of this section, all
judges of precinct election officials shall
be qualified electors. The judges precinct election officials
shall constitute the election officers of the precinct. Not more
than one-half of the total number of judges precinct election
officials shall be members of the same political party. The term
of such precinct officers shall be for one year. The board may, at
any time, designate any number of election officers, not more than
one-half of whom shall be members of the same political party, to
perform their duties at any precinct in any election. The board
may appoint additional officials, equally divided between the two
major political parties, when necessary to expedite voting.
If
the board of elections determines that four precinct election
officials are not required in a precinct for a special election,
the board of elections may select two of the precinct's election
officers, who are not members of the same political party, to
serve as the precinct election officials for that precinct in that
special election.
Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges precinct election officials for those precincts for the
unexpired term. Any judge precinct election official may be
summarily removed from office at any time by the board for neglect
of duty, malfeasance, or misconduct in office or for any other
good and sufficient reason.
Precinct election officials shall perform all of the duties
provided by law for receiving the ballots and supplies, opening
and closing the polls, and overseeing the casting of ballots
during the time the polls are open, and any other duties required
by section 3501.26 of the Revised Code.
A board of elections may designate two precinct election
officials as counting officials to count and tally the votes cast
and certify the results of the election at each precinct, and
perform other duties as provided by law. To expedite the counting
of votes at each precinct, the board may appoint additional
officials, not more than one-half of whom shall be members of the
same political party.
The board shall designate one of the precinct election
officials who is a member of the dominant political party to serve
as a presiding judge, whose voting location manager. The voting
location manager shall be a member of the political party whose
candidate received the highest number of votes for governor in the
precincts whose polling places are located at the applicable
voting location, when tallying the combined vote for governor for
all such precincts. It is the duty it is of the voting location
manager to deliver the returns of the election and all supplies to
the office of the board. For these services, the presiding judge
voting location manager shall receive additional compensation in
an amount, consistent with section 3501.28 of the Revised Code,
determined by the board of elections.
The board shall issue to each precinct election official a
certificate of appointment, which the official shall present to
the presiding judge voting location manager at the time the polls
are opened.
(2) If the board of elections, by majority vote, opts to use
multiple precinct polling locations in lieu of any or all
individual precinct polling locations, the board may appoint
precinct election officials for the multiple precinct polling
locations as follows:
(a) For the first precinct combined in a multiple precinct
polling location, the board shall appoint four precinct election
officials, not more than one-half of whom shall be members of the
same political party.
(b) For each additional precinct combined in a multiple
precinct polling location, the board shall appoint two precinct
election officials, not more than one of whom shall be a member of
the same political party.
(c) The board shall designate one of the precinct election
officials appointed under division (A)(2)(a) or (b) of this
section who is a member of the political party whose candidate for
governor received the highest number of votes in the most recent
general election for that office in the precincts combined in the
multiple precinct polling location as the single voting location
manager for the multiple precinct polling location.
(B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as
precinct officers, it may appoint persons to serve as precinct
officers at a primary, special, or general election who are at
least seventeen years of age and are registered to vote in
accordance with section 3503.07 of the Revised Code.
(C)(1) A board of elections, in conjunction with the board of
education of a city, local, or exempted village school district,
the governing authority of a community school established under
Chapter 3314. of the Revised Code, or the chief administrator of a
nonpublic school may establish a program permitting certain high
school students to apply and, if appointed by the board of
elections, to serve as precinct officers at a primary, special, or
general election.
In addition to the requirements established by division
(C)(2) of this section, a board of education, governing authority,
or chief administrator that establishes a program under this
division in conjunction with a board of elections may establish
additional criteria that students shall meet to be eligible to
participate in that program.
(2)(a) To be eligible to participate in a program established
under division (C)(1) of this section, a student shall be a United
States citizen, a resident of the county, at least seventeen years
of age, and enrolled in the senior year of high school.
(b) Any student applying to participate in a program
established under division (C)(1) of this section, as part of the
student's application process, shall declare the student's
political party affiliation with the board of elections.
(3) No student appointed as a precinct officer pursuant to a
program established under division (C)(1) of this section shall be
designated as a presiding judge voting location manager.
(4) Any student participating in a program established under
division (C)(1) of this section shall be excused for that
student's absence from school on the day of an election at which
the student is serving as a precinct officer.
(D) In any precinct with six or more precinct officers, up to
two students participating in a program established under division
(C)(1) of this section who are under eighteen years of age may
serve as precinct officers. Not more than one precinct officer in
any given precinct with fewer than six precinct officers shall be
under eighteen years of age.
Sec. 3501.26. When the polls are closed after a primary,
general, or special election, the receiving officials shall, in
the presence of the counting officials and attending observers,
proceed as follows:
(A) Count the number of electors who voted, as shown on the
poll books;
(B) Count the unused ballots without removing stubs;
(C) Count the soiled and defaced ballots;
(D) Insert the totals of divisions (A), (B), and (C) of this
section on the report forms provided therefor in the poll books;
(E) Count the voted ballots. If the number of voted ballots
exceeds the number of voters whose names appear upon the poll
books, the presiding judge voting location manager shall enter on
the poll books an explanation of that discrepancy, and that
explanation, if agreed to, shall be subscribed to by all of the
judges precinct election officials. Any judge precinct official
having a different explanation shall enter it in the poll books
and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the
custody of the counting officials all the supplies provided for
the conduct of that election and the ballots that are to be
counted and tallied, and take a receipt for the same, which
receipt shall appear in and be a part of the poll books of such
precinct. Having performed their duties, the receiving officials
shall immediately depart.
Having receipted for the ballots, the counting officials
shall proceed to count and tally the vote as cast in the manner
prescribed by section 3505.27 of the Revised Code and certify the
result of the election to the board of elections.
Sec. 3501.27. (A) All judges of precinct election officials
shall complete a program of instruction pursuant to division (B)
of this section. No person who has been convicted of a felony or
any violation of the election laws, who is unable to read and
write the English language readily, or who is a candidate for an
office to be voted for by the voters of the precinct in which the
person is to serve shall serve as an election officer. A person
when appointed as an election officer shall receive from the board
of elections a certificate of appointment that may be revoked at
any time by the board for good and sufficient reasons. The
certificate shall be in the form the board prescribes and shall
specify the precinct, ward, or district in and for which the
person to whom it is issued is appointed to serve, the date of
appointment, and the expiration of the person's term of service.
(B)(1) Each board shall establish a program as prescribed by
the secretary of state for the instruction of election officers in
the rules, procedures, and law relating to elections. In each
program, the board shall use training materials prepared by the
secretary of state and may use additional materials prepared by or
on behalf of the board. The board may use the services of unpaid
volunteers in conducting its program and may reimburse those
volunteers for necessary and actual expenses incurred in
participating in the program.
The Subject to division (B)(2) of this section, the board
shall train each new election officer before the new officer
participates in the first election in that capacity. The board
shall instruct election officials who have been trained previously
only when the board or secretary of state considers that
instruction necessary, but the board shall reinstruct such
persons, other than presiding judges voting location managers, at
least once in every three years and shall reinstruct presiding
judges voting location managers before the primary election in
even-numbered years. The board shall schedule any program of
instruction within sixty days prior to the election in which the
officials to be trained will participate.
(2) In addition to the training required under division
(B)(1) of this section, the secretary of state may mandate
additional training for election officials on a continuing basis
in an effort to achieve election uniformity.
(C) The duties of a judge of an precinct election official in
each polling place shall be performed only by an individual who
has successfully completed the requirements of the program, unless
such an individual is unavailable after reasonable efforts to
obtain such services.
(D) The secretary of state shall establish a program for the
instruction of members of boards of elections and employees of
boards in the rules, procedures, and law relating to elections.
Each member and employee shall complete the training program
within six months after the member's or employee's original
appointment or employment, and thereafter each member and employee
shall complete a training program to update their knowledge once
every four years or more often as determined by the secretary of
state.
(E) The secretary of state shall reimburse each county for
the cost of programs established pursuant to division (B) of this
section, once the secretary of state has received an itemized
statement of expenses for such instruction programs from the
county. The itemized statement shall be in a form prescribed by
the secretary of state.
Sec. 3501.28. (A) As used in this section:
(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as
amended.
(2) "Full election day" means the period of time between the
opening of the polls and the completion of the procedures
contained in section 3501.26 of the Revised Code.
(3) "Services" means services at each general, primary, or
special election.
(B) Beginning with calendar year 1998, each judge of an
election in a county shall be paid for the judge's services at the
same hourly rate, which shall be not less than the minimum hourly
rate established by the Fair Labor Standards Act and not more than
eighty-five dollars per diem.
(C) Beginning with calendar year 2004, each judge of an
precinct election official in a county shall be paid for the
judge's official's services at the same hourly rate, which shall
be not less than the minimum hourly rate established by the Fair
Labor Standards Act and not more than ninety-five dollars per
diem.
(D)(C) The secretary of state shall establish, by rule
adopted under section 111.15 of the Revised Code, the maximum
amount of per diem compensation that may be paid to judges of an
precinct election officials under this section each time the Fair
Labor Standards Act is amended to increase the minimum hourly rate
established by the act. Upon learning of such an increase, the
secretary of state shall determine by what percentage the minimum
hourly rate has been increased under the act and establish a new
maximum amount of per diem compensation that judges of an precinct
election officials may be paid under this section that is
increased by the same percentage that the minimum hourly rate has
been increased under the act.
(E)(D)(1)(a) No board of elections shall increase the pay of
a judge of an precinct election official under this section during
a calendar year unless the board has given written notice of the
proposed increase to the board of county commissioners not later
than the first day of October of the preceding calendar year.
(b) Except as otherwise provided in division
(E)(D)(2) of
this section, a board of elections may increase the pay of a judge
of an precinct election official during a calendar year by up to,
but not exceeding, nine per cent over the compensation paid to a
judge of an precinct election official in the county where the
board is located during the previous calendar year, if the
compensation so paid during the previous calendar year was
eighty-five dollars or less per diem.
(c) Except as otherwise provided in division (E)(D)(2) of
this section, a board of elections may increase the pay of a judge
of an precinct election official during a calendar year by up to,
but not exceeding, four and one-half per cent over the
compensation paid to a judge of an precinct election official in
the county where the board is located during the previous calendar
year, if the compensation so paid during the previous calendar
year was more than eighty-five but less than ninety-five dollars
per diem.
(2) The board of county commissioners may review and comment
upon a proposed increase and may enter into a written agreement
with a board of elections to permit an increase in the
compensation paid to
judges of an precinct election officials for
their services during a calendar year that is greater than the
applicable percentage limitation described in division
(E)(D)(1)(b) or (c) of this section.
(F)(E) No judge of an precinct election official who works
less than the full election day shall be paid the maximum amount
allowed under this section or the maximum amount as set by the
board of elections, whichever is less.
(G)(F)(1) Except as otherwise provided in divisions (G)(F)(4)
to (6) of this section, any employee of the state or of any
political subdivision of the state may serve as a judge of
elections precinct election official on the day of an election
without loss of the employee's regular compensation for that day
as follows:
(a) For employees of a county office, department, commission,
board, or other entity, or of a court of common pleas, county
court, or county-operated municipal court, as defined in section
1901.03 of the Revised Code, the employee's appointing authority
may permit leave with pay for this service in accordance with a
resolution setting forth the terms and conditions for that leave
passed by the board of county commissioners.
(b) For all other employees of a political subdivision of the
state, leave with pay for this service shall be subject to the
terms and conditions set forth in an ordinance or a resolution
passed by the legislative authority of the applicable political
subdivision.
(c) For state employees, leave with pay for this service
shall be subject to the terms and conditions set forth by the head
of the state agency, as defined in section 1.60 of the Revised
Code, by which the person is employed.
(2) Any terms and conditions set forth by a board of county
commissioners, legislative authority of a political subdivision,
or head of a state agency under division (G)(F)(1) of this section
shall include a standard procedure for deciding which employees
are permitted to receive leave with pay if multiple employees of
an entity or court described in division (G)(F)(1)(a) of this
section, of an entity of a political subdivision described in
division (G)(F)(1)(b) of this section, or of a state agency as
defined in section 1.60 of the Revised Code apply to serve as a
judge of elections precinct election official on the day of an
election. This procedure shall be applied uniformly to all
similarly situated employees.
(3) Any employee who is eligible for leave with pay under
division (G)(F)(1) of this section shall receive, in addition to
the employee's regular compensation, the compensation paid to the
judge of an precinct election official under division (B), or (C),
or (D) of this section.
(4) Division (G)(F)(1) of this section does not apply to
either of the following:
(b) Public school teachers.
(5) Nothing in division (G)(F)(1) of this section supersedes
or negates any provision of a collective bargaining agreement in
effect under Chapter 4117. of the Revised Code.
(6) If a board of county commissioners, legislative authority
of a political subdivision, or head of a state agency fails to set
forth any terms and conditions under division (G)(F)(1) of this
section, an employee of an entity or court described in division
(G)(F)(1)(a) of this section, of an entity of a political
subdivision described in division (G)(F)(1)(b) of this section, or
of a state agency as defined in section 1.60 of the Revised Code
may use personal leave, vacation leave, or compensatory time, or
take unpaid leave, to serve as a judge of elections precinct
election official on the day of an election.
(H)(G) The board of elections may withhold the compensation
of any precinct election official for failure to obey the
instructions of the board or to comply with the law relating to
the duties of such a precinct judge election official. Any payment
a judge of an precinct election official is entitled to receive
under section 3501.36 of the Revised Code is in addition to the
compensation the judge official is entitled to receive under this
section.
Sec. 3501.29. (A) The board of elections shall provide for
each precinct a polling place and provide adequate facilities at
each polling place for conducting the election. The board shall
provide a sufficient number of screened or curtained voting
compartments to which electors may retire and conveniently mark
their ballots, protected from the observation of others. Each
voting compartment shall be provided at all times with writing
implements, instructions how to vote, and other necessary
conveniences for marking the ballot. The presiding judge voting
location manager shall ensure that the voting compartments at all
times are adequately lighted and contain the necessary supplies.
The board shall utilize, in so far as practicable, rooms in public
schools and other public buildings for polling places. Upon
application of the board of elections, the authority which has the
control of any building or grounds supported by taxation under the
laws of this state, shall make available the necessary space
therein for the purpose of holding elections and adequate space
for the storage of voting machines, without charge for the use
thereof. A reasonable sum may be paid for necessary janitorial
service. When polling places are established in private buildings,
the board may pay a reasonable rental therefor, and also the cost
of liability insurance covering the premises when used for
election purposes, or the board may purchase a single liability
policy covering the board and the owners of the premises when used
for election purposes. When removable buildings are supplied by
the board, they shall be constructed under the contract let to the
lowest and best bidder, and the board shall observe all ordinances
and regulations then in force as to safety. The board shall remove
all such buildings from streets and other public places within
thirty days after an election, unless another election is to be
held within ninety days.
(B)(1) Except as otherwise provided in this section, the
board shall ensure all of the following:
(a) That polling places are free of barriers that would
impede ingress and egress of handicapped persons;
(b) That the minimum number of special parking locations,
also known as handicapped parking spaces or disability parking
spaces, for handicapped persons are designated at each polling
place in accordance with 28 C.F.R. Part 36, Appendix A, and in
compliance with division (E) of section 4511.69 of the Revised
Code.
(c) That the entrances of polling places are level or are
provided with a nonskid ramp of not over eight per cent gradient
that meets the requirements of the "Americans with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;
(d) That doors are a minimum of thirty-two inches wide.
(2) Notwithstanding division (B)(1)(a), (c), or (d) of this
section, certain polling places may be specifically exempted by
the secretary of state upon certification by a board of elections
that a good faith, but unsuccessful, effort has been made to
modify, or change the location of, such polling places.
(C) At any If a polling place that is has been exempted from
compliance by the secretary of state under division (B)(2) of this
section, the board of elections shall permit any handicapped
elector who travels to that elector's polling place, but who is
unable to enter the polling place due to the inaccessibility of
the polling place, to vote, with the assistance of two polling
place officials of major political parties, in the vehicle that
conveyed that elector to the polling place, or to receive and cast
that elector's ballot at the door of the polling place.
(D) The secretary of state shall:
(1) Work with other state agencies to facilitate the
distribution of information and technical assistance to boards of
elections to meet the requirements of division (B) of this
section;
(2) Work with organizations that represent or provide
services to handicapped, disabled, or elderly citizens to effect a
wide dissemination of information about the availability of
absentee voting, voting in the voter's vehicle or at the door of
the polling place, or other election services to handicapped,
disabled, or elderly citizens.
(E) Before the day of an election, the director of the board
of elections of each county shall sign a statement verifying that
each polling place that will be used in that county at that
election meets the requirements of division (B)(1)(b) of this
section. The signed statement shall be sent to the secretary of
state by certified mail or electronically.
(F) As used in this section, "handicapped" means having lost
the use of one or both legs, one or both arms, or any combination
thereof, or being blind or so severely disabled as to be unable to
move about without the aid of crutches or a wheelchair.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes box, official
ballots, cards of instructions, registration forms, pollbooks or
poll lists, tally sheets, forms on which to make summary
statements, writing implements, paper, and all other supplies
necessary for casting and counting the ballots and recording the
results of the voting at the polling place. The pollbooks or poll
lists shall have certificates appropriately printed on them for
the signatures of all the precinct officials, by which they shall
certify that, to the best of their knowledge and belief, the
pollbooks or poll lists correctly show the names of all electors
who voted in the polling place at the election indicated in the
pollbooks or poll lists.
All of the following shall be included among the supplies
provided to each polling place:
(1) A large map of each appropriate precinct, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
(2) Any materials, postings, or instructions required to
comply with state or federal laws;
(3) A flag of the United States approximately two and
one-half feet in length along the top, which shall be displayed
outside the entrance to the polling place during the time it is
open for voting;
(4) Two or more small flags of the United States
approximately fifteen inches in length along the top, which shall
be placed at a distance of one hundred fifty feet from the polling
place on the thoroughfares or walkways leading to the polling
place, to mark the distance within which persons other than
election officials, observers, police officers, and electors
waiting to mark, marking, or casting their ballots shall not
loiter, congregate, or engage in any kind of election campaigning.
Where small flags cannot reasonably be placed one hundred fifty
feet from the polling place, the presiding election judge voting
location manager shall place the flags as near to one hundred
fifty feet from the entrance to the polling place as is physically
possible. Police officers and all election officials shall see
that this prohibition against loitering and congregating is
enforced.
When the period of time during which the polling place is
open for voting expires, all of the flags described in this
division shall be taken into the polling place and shall be
returned to the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and
advisories of the secretary of state in the production and use of
polling place supplies.
Sec. 3501.301. A contract involving a cost in excess of
ten
twenty-five thousand dollars for printing and furnishing the
supplies, other than the official ballots, required in section
3501.30 of the Revised Code, shall not be let until the board of
elections has caused notice to be published once in a newspaper of
general circulation within the county or upon notice given by
mail, addressed to the responsible suppliers within the state. The
board of elections may require that each bid be accompanied by a
bond, with at least two individual sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract awarded
and for the payment as damages by such bidder to the board of any
excess of cost over the bid which it may be required to pay for
such work by reason of the failure of the bidder to complete the
contract. The contract shall be let to the lowest and best bidder.
Sec. 3501.302. The secretary of state may enter into
agreements for the bulk purchase of election supplies in order to
reduce the costs for such purchases by individual boards of
elections. A board of elections desiring to participate in such
purchase agreements shall file with the secretary of state a
written request for inclusion. A request for inclusion shall
include an agreement to be bound by such terms and conditions as
the secretary of state prescribes and to make direct payments to
the vendor under each purchase agreement.
Sec. 3501.31. The board of elections shall mail to each
precinct election official notice of the date, hours, and place of
holding each election in the official's respective precinct at
which it desires the official to serve. Each of such officials
shall notify the board immediately upon receipt of such notice of
any inability to serve.
The election official designated as
presiding judge voting
location manager under section 3501.22 of the Revised Code shall
call at the office of the board at such time before the day of the
election, not earlier than the tenth day before the day of the
election, as the board designates to obtain the ballots,
pollbooks, registration forms and lists, and other material to be
used in the official's polling place on election day.
The board may also provide for the delivery of such materials
to polling places in a municipal corporation by members of the
police department of such municipal corporation; or the board may
provide for the delivery of such materials to the
presiding judge
voting location manager not earlier than the tenth day before the
election, in any manner it finds to be advisable.
On election day the precinct election officials shall
punctually attend the polling place one-half hour before the time
fixed for opening the polls. Each of the precinct election
officials shall thereupon make and subscribe to a statement which
shall be as follows:
County of ...............
I do solemnly swear under the penalty of perjury that I will
support the constitution of the United States of America and the
constitution of the state of Ohio and its laws; that I have not
been convicted of a felony or any violation of the election laws;
that I will discharge to the best of my ability the duties of
judge of precinct election official in and for precinct
.................... in the .................... (township) or
(ward and city or village) .................... in the county of
...................., in the election to be held on the ..........
day of ..............., ....., as required by law and the rules
and instructions of the board of elections of said county; and
that I will endeavor to prevent fraud in such election, and will
report immediately to said board any violations of the election
laws which come to my attention, and will not disclose any
information as to how any elector voted which is gained by me in
the discharge of my official duties.
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(Signatures of precinct election officials)"
If any of the other precinct election officials is absent at
that time, the presiding judge voting location manager, with the
concurrence of a majority of the precinct election officials
present, shall appoint a qualified elector who is a member of the
same political party as the political party of which such absent
precinct election official is a member to fill the vacancy until
the board appoints a person to fill such vacancy and the person so
appointed reports for duty at the polling place. The presiding
judge voting location manager shall promptly notify the board of
such vacancy by telephone or otherwise. The presiding judge voting
location manager also shall assign the precinct election officials
to their respective duties and shall have general charge of the
polling place.
Sec. 3501.32. (A) Except as otherwise provided in division
(B) of this section, on the day of the election the polls shall be
opened by proclamation by the presiding judge voting location
manager, or in his the manager's absence by a presiding judge
voting location manager chosen by the judges precinct election
officials, at six-thirty a.m. and shall be closed by proclamation
at seven-thirty p.m. unless there are voters waiting in line to
cast their ballots, in which case the polls shall be kept open
until such waiting voters have voted.
(B) On the day of the election, any polling place located on
an island not connected to the mainland by a highway or a bridge
may close earlier than seven-thirty p.m. if all registered voters
in the precinct have voted. When a polling place closes under
division (B) of this section the presiding judge voting location
manager shall immediately notify the board of elections of the
closing.
Sec. 3501.33. All judges of precinct election officials
shall enforce peace and good order in and about the place of
registration or election. They shall especially keep the place of
access of the electors to the polling place open and unobstructed
and prevent and stop any improper practices or attempts tending to
obstruct, intimidate, or interfere with any elector in registering
or voting. They shall protect observers against molestation and
violence in the performance of their duties, and may eject from
the polling place any observer for violation of any provision of
Title XXXV of the Revised Code. They shall prevent riots,
violence, tumult, or disorder. In the discharge of these duties,
they may call upon the sheriff, police, or other peace officers to
aid them in enforcing the law. They may order the arrest of any
person violating Title XXXV of the Revised Code, but such an
arrest shall not prevent the person from registering or voting if
the person is entitled to do so. The sheriff, all constables,
police officers, and other officers of the peace shall immediately
obey and aid in the enforcement of any lawful order made by the
precinct election officials in the enforcement of Title XXXV of
the Revised Code.
Sec. 3501.35. (A)(1) During an election and the counting of
the ballots, no person shall do any of the following:
(1)(a) Loiter, congregate, or engage in any kind of election
campaigning within the area between the polling place and the
small flags of the United States placed on the thoroughfares and
walkways leading to the polling place, and if the line of electors
waiting to vote extends beyond those small flags, within ten fifty
feet of any elector in that line the entrance to a polling place;
(2)(b) In any manner hinder or delay an elector in reaching
or leaving the place fixed for casting the elector's ballot;
(3)(c) Give, tender, or exhibit any ballot or ticket to any
person other than the elector's own ballot to the
judge of
precinct election officials within the area between the polling
place and the small flags of the United States placed on the
thoroughfares and walkways leading to the polling place, and if
the line of electors waiting to vote extends beyond those small
flags, within ten feet of any elector in that line;
(4)(d) Exhibit any ticket or ballot which the elector intends
to cast;
(5)(e) Solicit or in any manner attempt to influence any
elector in casting the elector's vote.
(2) Whoever violates division (A)(1)(a) of this section is
guilty of a minor misdemeanor; if the person refuses to comply
with the judges of election or law enforcement officers who are
enforcing that division, the person is guilty of a misdemeanor of
the first degree.
(B)(1) Except as otherwise provided in division (B)(2) of
this section and division (C) of section 3503.23 of the Revised
Code, no person who is not an election official, employee,
observer, or police officer shall be allowed to enter the polling
place during the election, except for the purpose of voting or
assisting another person to vote as provided in section 3505.24 of
the Revised Code.
(2) Notwithstanding any provision of this section to the
contrary, a journalist shall be allowed reasonable access to a
polling place during an election. As used in this division,
"journalist" has the same meaning as in division (B)(2) of section
2923.129 of the Revised Code.
(C) No more electors shall be allowed to approach the voting
shelves at any time than there are voting shelves provided.
(D) The line of waiting voters and persons loitering,
congregating, or campaigning near that line shall not impede the
normal flow of traffic or access to the entrance or exit of any
business or organization in the vicinity.
(E) The
judges of precinct election officials and the police
officer shall strictly enforce the observance of this section.
Sec. 3501.37. After each election, the judges of elections
precinct election officials of each precinct, except when the
board of elections assumes the duty, shall see that the movable
booths and other equipment are returned for safekeeping to the
fiscal officer of the township or to the clerk or auditor of the
municipal corporation in which the precinct is situated. The
fiscal officer, clerk, or auditor shall have booths and equipment
on hand and in place at the polling places in each precinct before
the time for opening the polls on election days, and for this
service the board may allow the necessary expenses incurred. In
cities, this duty shall devolve on the board.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or issue
which is the subject of the petition shall sign a petition. Each
signer shall be a registered elector pursuant to section
3503.11
3503.01 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may also
print the signer's name, so as to clearly identify the signer's
signature.
(C) Each signer shall place on the petition after the
signer's name the date of signing and the location of the signer's
voting residence, including the street and number if in a
municipal corporation or the rural route number, post office
address, or township if outside a municipal corporation. The
voting address given on the petition shall be the address
appearing in the registration records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of the
Revised Code, no person shall write any name other than the
person's own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to sign for the person. If a petition contains the
signature of an elector two or more times, only the first
signature shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained on it, and shall sign a
statement made under penalty of election falsification that the
circulator witnessed the affixing of every signature, that all
signers were to the best of the circulator's knowledge and belief
qualified to sign, and that every signature is to the best of the
circulator's knowledge and belief the signature of the person
whose signature it purports to be or of an attorney in fact acting
pursuant to section 3501.382 of the Revised Code. On the
circulator's statement for a declaration of candidacy or
nominating petition for a person seeking to become a statewide
candidate or for a statewide initiative or a statewide referendum
petition, the circulator shall identify the circulator's name, the
address of the circulator's permanent residence, and the name and
address of the person employing the circulator to circulate the
petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of governor
and lieutenant governor or a candidate for the office of secretary
of state, auditor of state, treasurer of state, or attorney
general.
(F) Except as otherwise provided in section 3501.382 of the
Revised Code, if a circulator knowingly permits an unqualified
person to sign a petition paper or permits a person to write a
name other than the person's own on a petition paper, that
petition paper is invalid; otherwise, the signature of a person
not qualified to sign shall be rejected but shall not invalidate
the other valid signatures on the paper.
(G) The circulator of a petition may, before filing it in a
public office, strike from it any signature the circulator does
not wish to present as a part of the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove the signer's signature from that petition at any
time before the petition is filed in a public office by striking
the signer's name from the petition; no signature may be removed
after the petition is filed in any public office.
(I)(1) No alterations, corrections, or additions may be made
to a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or
other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a public office. Nothing in this
division prohibits a person from withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the
purpose of the holding of an election on any question or issue may
be resubmitted after it is withdrawn from a public office. Nothing
in this division prevents a question or issue petition from being
withdrawn by the filing of a written notice of the withdrawal by a
majority of the members of the petitioning committee with the same
public office with which the petition was filed prior to the
sixtieth day before the election at which the question or issue is
scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions, or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters: WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the same
time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition
form does not satisfy the requirements of law, if the petition
otherwise is valid. Division (L) of this section applies only if
the candidate received the petition from the board within ninety
days of when the petition is required to be filed.
Sec. 3501.40. In any administrative review of, or legal
proceeding regarding, the actions of any election official under
Title XXXV of the Revised Code, all of the following shall apply:
(A) No election official shall be presumed to have committed
any error in the course of the election official's duties, unless
that error shall be independently proven by the facts of the
administrative review or legal proceeding.
(B) If an election official has been found to have committed
an error with respect to a particular person or set of
circumstances, that election official shall not be presumed to
have committed an error with respect to any other person or set of
circumstances.
(C) If election officials in one precinct, polling location,
or county are found to have committed an error with respect to a
particular person or set of circumstances, that error shall not be
presumed to have occurred in any other precinct, polling location,
or county.
Sec. 3501.50. Any action brought challenging the
constitutionality, legality, or enforcement of any provision of
the Ohio Constitution that governs the election process or any
provision of Title XXXV of the Revised Code shall be deemed to
have been brought against the state, and all of the following
shall apply:
(A) The general assembly shall be notified of the filing of
the action;
(B) The general assembly has the right to intervene in the
action;
(C) The general assembly shall be notified of any proposed
consent decree before the consent decree is agreed to by the
court;
(D) The general assembly has the right to intervene in the
action to object to any proposed consent decree.
Sec. 3503.02. All registrars and judges of elections
precinct election officials, in determining the residence of a
person offering to register or vote, shall be governed by the
following rules:
(A) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(B) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state or county of this state, for temporary purposes
only, with the intention of returning.
(C) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making such
county the permanent place of abode.
(D) The place where the family of a married person resides
shall be considered to be the person's place of residence; except
that when the spouses have separated and live apart, the place
where such a spouse resides the length of time required to entitle
a person to vote shall be considered to be the spouse's place of
residence.
(E) If a person removes to another state with the intention
of making such state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(F) Except as otherwise provided in division (G) of this
section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(G) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of such service, and likewise should the person
enter the employment of the state, the place where such person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(H) If a person goes into another state and while there
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(I) If a person does not have a fixed place of habitation,
but has a shelter or other location at which the person has been a
consistent or regular inhabitant and to which the person has the
intention of returning, that shelter or other location shall be
deemed the person's residence for the purpose of registering to
vote.
Sec. 3503.05. The secretary of state shall establish, by
rule, a uniform process for notifying individuals who have
submitted an incomplete voter registration application of the
incomplete status of that application. The process shall permit
such an individual to provide any information required to complete
the application.
Sec. 3503.06. (A) No person shall be entitled to vote at any
election, or to sign
or circulate any declaration of candidacy or
any nominating, or recall election petition, unless the person is
registered as an elector and will have resided in the county and
precinct where the person is registered for at least thirty days
at the time of the next election.
(B)(1) No person shall be entitled to circulate any
initiative or referendum petition unless the person is a resident
of this state.
(2) All election officials, in determining the residence of a
person circulating a petition under division (B)(1) of this
section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state for temporary purposes only, with the intention of
returning.
(c) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making that
county the permanent place of abode.
(d) If a person removes to another state with the intention
of making that state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of
this section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(f) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of that service, and likewise should the person
enter the employment of the state, the place where that person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(g) If a person goes into another state and, while there,
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or
referendum petition unless the person is registered as an elector
and will have resided in the county and precinct where the person
is registered for at least thirty days at the time of the next
election.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall meet the
requirements of the National Voter Registration Act of 1993 and
shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number or state
identification card number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A copy of a current and valid photo identification, a
copy of a military identification, a copy of a United States
passport, or a copy of 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 address.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an "X," if possible, which shall be certified by the
signing of the name of the applicant by the person filling out the
form, who shall add the person's own signature. If an applicant is
unable to make an "X," the applicant shall indicate in some manner
that the applicant desires to register to vote or to change the
applicant's name or residence. The person registering the
applicant shall sign the form and attest that the applicant
indicated that the applicant desired to register to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) A voter registration application submitted online through
the internet pursuant to section 3503.20 of the Revised Code is
not required to contain a signature to be considered valid. The
signature obtained under division (B) of that section shall be
considered the applicant's signature for all election and
signature-matching purposes.
(F) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3503.15. (A)(1) The secretary of state shall establish
and maintain a statewide voter registration database that shall be
administered by the office of the secretary of state and made
continuously available to each board of elections and to other
agencies as authorized by law.
(2)(a) State agencies, including, but not limited to, the
department of health, bureau of motor vehicles, department of job
and family services, and the department of rehabilitation and
corrections, shall provide any information and data to the
secretary of state that the secretary of state considers necessary
in order to maintain the statewide voter registration database
established pursuant to this section, except where prohibited by
federal law or regulation. The secretary of state shall ensure
that any information or data provided to the secretary of state
that is confidential in the possession of the entity providing the
data remains confidential while in the possession of the secretary
of state.
(b) Information provided under this division for maintenance
of the statewide voter registration database shall not be used to
update the name or address of a registered elector. The name or
address of a registered elector shall only be updated as a result
of the elector's actions in filing a notice of change of name,
change of address, or both.
(c) A board of elections shall contact a registered elector
by mail at the address on file with the board to verify the
accuracy of the information in the statewide voter registration
database regarding that elector if information provided under
division (A)(2)(a) of this section identifies a discrepancy
between the information regarding that elector that is maintained
in the statewide voter registration database and maintained by a
state agency.
(3) The secretary of state may enter into agreements to share
information or data with other states or groups of states, as the
secretary of state considers necessary, in order to maintain the
statewide voter registration database established pursuant to this
section. Except as otherwise provided in this division, the
secretary of state shall ensure that any information or data
provided to the secretary of state that is confidential in the
possession of the state providing the data remains confidential
while in the possession of the secretary of state. The secretary
of state may provide such otherwise confidential information or
data to persons or organizations that are engaging in legitimate
governmental purposes related to the maintenance of the statewide
voter registration database.
(B) The statewide voter registration database established
under this section shall be the official list of registered voters
for all elections conducted in this state.
(C) The statewide voter registration database established
under this section shall, at a minimum, include all of the
following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained
in the database with records maintained by each board of
elections;
(3) An interactive computer program that allows access to the
records contained in the database by each board of elections and
by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct updates
of the database;
(4) A search program capable of verifying registered voters
and their registration information by name, driver's license
number, birth date, social security number, state identification
number, or current address;
(5) Safeguards and components to ensure that the integrity,
security, and confidentiality of the voter registration
information is maintained.
(D) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter
registration records maintained by boards of elections shall be
converted to electronic files for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day, if
new registration information is received;
(3) Establishing a uniform method for purging canceled voter
registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify,
or print records contained in the statewide voter registration
database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database;
(6) Establishing a uniform method for addressing instances in
which records contained in the statewide voter registration
database do not conform with records maintained by the bureau of
motor vehicles.
(E) A board of elections promptly shall purge a voter's name
and voter registration information shall be purged from the
statewide voter registration database in accordance with the rules
adopted by the secretary of state under division (D)(3) of this
section after the cancellation of a voter's registration under
section 3503.21 of the Revised Code. The secretary of state shall
notify the applicable board of elections of each voter from that
county that the secretary of state has purged from the statewide
voter registration database.
(F) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the secretary
of state to add, delete, modify, or print database records, and to
conduct updates of the database.
(G)(1) The statewide voter registration database established
under this section shall be made available on a web site of the
office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, only the following information from the statewide
voter registration database regarding a registered voter shall be
made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit a voter to search for the
polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for boards of
elections to notify the secretary of state of changes in the
locations of precinct polling places for the purpose of updating
the information made available on the secretary of state's web
site under division (G)(1)(b) of this section. Those rules shall
require a board of elections, during the thirty days before the
day of a primary or general election, to notify the secretary of
state within one business day of any change to the location of a
precinct polling place within the county.
(3) During the thirty days before the day of a primary or
general election, not later than one business day after receiving
a notification from a county pursuant to division (G)(2) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the
secretary of state's web site for the purpose of division
(G)(1)(b) of this section.
Sec. 3503.16. (A) Whenever a registered elector changes the
place of residence of that registered elector from one precinct to
another within a county or from one county to another, or has a
change of name, that registered elector shall report the change by
delivering a change of residence or change of name form, whichever
is appropriate, as prescribed by the secretary of state under
section 3503.14 of the Revised Code to the state or local office
of a designated agency, a public high school or vocational school,
a public library, the office of the county treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of elections
in person or by a third person. Any voter registration, change of
address, or change of name application, returned by mail, may be
sent only to the secretary of state or the board of elections.
A registered elector also may update the registration of that
registered elector by filing a change of residence or change of
name form on the day of a special, primary, or general election at
the polling place in the precinct in which that registered elector
resides or at the board of elections or at another site designated
by the board.
(B)(1)(a) Any registered elector who moves within a precinct
on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence with the board
of elections may vote in that election by going to that registered
elector's assigned polling place in the precinct in which the
registered elector resides, completing and signing a notice of
change of residence, showing identification in the form of a
current and valid photo identification, a military identification,
a United States passport, or a copy of 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 name and current
address of the elector, and casting a ballot. If the elector
provides either a driver's license or a state identification card
issued under section 4507.50 of the Revised Code that does not
contain the elector's current residence address, the elector shall
provide the last four digits of the elector's driver's license
number or state identification card number, and the precinct
election official shall mark the poll list or signature pollbook
to indicate that the elector has provided a driver's license or
state identification card number with a former address and record
the last four digits of the elector's driver's license number or
state identification card number.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place in the precinct in which the registered
elector resides, completing and signing a notice of a change of
name, showing the identification required by division (B)(1)(a) of
this section, and casting a provisional ballot under section
3505.181 of the Revised Code.
(2) Any registered elector who moves from one precinct to
another within a county or moves from one precinct to another and
changes the name of that registered elector on or prior to the day
of a general, primary, or special election and has not filed a
notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election
if that registered elector complies with division (G) of this
section or does all of the following:
(a) Appears at anytime during regular business hours on or
after the twenty-eighth day prior to the election in which that
registered elector wishes to vote or, if the election is held on
the day of a presidential primary election, the twenty-fifth day
prior to the election, through noon of the Saturday prior to the
election the time that absent voter's ballots may be cast in
person at the office of the board of elections, appears at any
time during regular business hours on the Monday prior to the
election at the office of the board of elections, or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location at which registered electors
may cast absent voter's ballots in person before an election, at
that other location instead of the office of the board of
elections, or appears on the day of the election at either of the
following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence or
change of name, whichever is appropriate, and files it with
election officials at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place, in the precinct in which the
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C)(2) of section 3501.10
of the Revised Code the board has designated another location in
the county at which registered electors may vote cast absent
voter's ballots in person before an election, at that other
location instead of the office of the board of elections,
whichever is appropriate, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
moved or had a change of name, whichever is appropriate, on or
prior to the day of the election, has voted a provisional ballot
at the polling place in the precinct in which that registered
elector resides, at the office of the board of elections, or, if
pursuant to division (C)(2) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, whichever is appropriate, and will not
vote or attempt to vote at any other location for that particular
election. The statement required under division (B)(2)(d) of this
section shall be included on the notice of change of residence or
change of name, whichever is appropriate, required under division
(B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state or moves from one county to
another and changes the name of that registered elector on or
prior to the day of a general, primary, or special election and
has not registered to vote in the county to which that registered
elector moved may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(1) Appears at any time during regular business hours on or
after the twenty-eighth day prior to the election in which that
registered elector wishes to vote or, if the election is held on
the day of a presidential primary election, the twenty-fifth day
prior to the election, through noon of the Saturday prior to the
election the time that absent voter's ballots may be cast in
person at the office of the board of elections or, if pursuant to
division (C)(2) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote cast absent voter's ballots in person before an
election, at that other location instead of the office of the
board of elections, appears during regular business hours on the
Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections, or
appears on the day of the election at the either of the following
locations:
(a) The polling place in the precinct in which that elector
resides;
(b) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections;
(2) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence
and files it with election officials at the board of elections or,
if pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections or change of name, whichever
is appropriate;
(3) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place in which the registered elector
resides, at the office of the board of elections or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
has moved from one county to another county within the state or
moved from one county to another and changed the elector's name,
whichever is appropriate, on or prior to the day of the election,
has voted at the office of the board of elections or, if pursuant
to division (C)(2) of section 3501.10 of the Revised Code the
board has designated another location in the county at which
registered electors may vote cast absent voter's ballots in person
before an election, at that other location instead of the office
of the board of elections, and will not vote or attempt to vote at
any other location for that particular election. The statement
required under division (C)(4) of this section shall be included
on the notice of change of residence required under division
(C)(2) of this section.
(D) A person who votes by absent voter's ballots pursuant to
division (G) of this section shall not make written application
for the ballots pursuant to Chapter 3509. of the Revised Code.
Ballots cast pursuant to division (G) of this section shall be set
aside in a special envelope and counted during the official
canvass of votes in the manner provided for in sections 3505.32
and 3509.06 of the Revised Code insofar as that manner is
applicable. The board shall examine the pollbooks to verify that
no ballot was cast at the polls or by absent voter's ballots under
Chapter 3509. or 3511. of the Revised Code by an elector who has
voted by absent voter's ballots pursuant to division (G) of this
section. Any ballot determined to be insufficient for any of the
reasons stated above or stated in section 3509.07 of the Revised
Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this section.
(E) Upon receiving a change of residence or change of name
form, the board of elections shall immediately send the registrant
an acknowledgment notice. If the change of residence or change of
name form is valid, the board shall update the voter's
registration as appropriate. If that form is incomplete, the board
shall inform the registrant in the acknowledgment notice specified
in this division of the information necessary to complete or
update that registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with the
pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence and
change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by order of the
court or who applies for a marriage license. The court shall
forward all completed forms to the board of elections within five
days after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to appear
at the office of the board of elections or, if pursuant to
division (C)(2) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote cast absent voter's ballots in person before an
election, at that other location, on account of personal illness,
physical disability, or infirmity, may vote on the day of the
election if that registered elector does all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent voter's ballot on or after the
twenty-seventh twenty-first day prior to the election in which the
registered elector wishes to vote through noon six p.m. of the
Saturday Friday prior to that election and requests that the
absent voter's ballot be sent to the address to which the
registered elector has moved if the registered elector has moved,
or to the address of that registered elector who has not moved but
has had a change of name;
(2) Declares that the registered elector has moved or had a
change of name, whichever is appropriate, and otherwise is
qualified to vote under the circumstances described in division
(B) or (C) of this section, whichever is appropriate, but that the
registered elector is unable to appear at the board of elections
because of personal illness, physical disability, or infirmity;
(3) Completes and returns along with the completed absent
voter's ballot a notice of change of residence indicating the
address to which the registered elector has moved, or a notice of
change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
has moved or had a change of name on or prior to the day before
the election, has voted by absent voter's ballot because of
personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board of elections,
and will not vote or attempt to vote at any other location or by
absent voter's ballot mailed to any other location or address for
that particular election.
Sec. 3503.18. (A)(1) The chief health officer of each
political subdivision and the director of health shall file with
the secretary of state and each board of elections, at least once
each month, the names, social security numbers, dates of birth,
dates of death, and residences of all persons, over eighteen years
of age, who have died within such subdivision or within this state
or another state, respectively, within such month.
(2) The secretary of state and the director of health shall
jointly establish a secure electronic system through which they
shall exchange the information described in division (A)(1) of
this section regarding the death of a registered elector.
(B) At least once each month, each probate judge in this
state shall file with the board of elections the names and
residence addresses of all persons over eighteen years of age who
have been adjudicated incompetent for the purpose of voting, as
provided in section 5122.301 of the Revised Code. At
(C) At least once each month the clerk of the court of common
pleas shall file with the board the names and residence addresses
of all persons who have been convicted during the previous month
of crimes that would disfranchise such persons under existing laws
of the state. Reports of conviction of crimes under the laws of
the United States that would disfranchise an elector and that are
provided to the secretary of state by any United States attorney
shall be forwarded by the secretary of state to the appropriate
board of elections.
(D) Upon receiving a report required by this section, the
board of elections shall promptly cancel the registration of each
elector named in the report shall be promptly canceled by the
secretary of state or the board of elections, as applicable. If a
board of elections receives the report, and the report contains a
residence address of an elector in a county other than the county
in which the board of elections is located, the director shall
promptly send a copy of the report to the appropriate board of
elections, which shall cancel the registration.
Sec. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or change of
name may register or change their registration in person or
through another person at any state or local office of a
designated agency, at the office of the registrar or any deputy
registrar of motor vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by the board of elections, or in
person, through another person, or by mail at the office of the
secretary of state or at the office of a board of elections. A
registered elector may also change the elector's registration on
election day at any polling place where the elector is eligible to
vote, in the manner provided under section 3503.16 of the Revised
Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall transmit any voter registration
application or change of registration form that it receives to the
board of elections of the county in which the state or local
office is located, within five business days after receiving the
voter registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles,
a public high school or vocational school, a public library, the
office of a county treasurer, the office of the secretary of
state, or the office of a board of elections no later than the
thirtieth day preceding a primary, special, or general election
for the person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall date stamp a registration
application or change of name or change of address form it
receives using a date stamp that does not disclose the identity of
the state or local office that receives the registration.
Voter registration applications, if otherwise valid, that are
returned by mail to the office of the secretary of state or to the
office of a board of elections must be postmarked no later than
the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible
to vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the office of a board of elections no later than twenty-five days
preceding any special, primary, or general election.
(B)(1) Any person may apply in person, by telephone, by mail,
or through another person for voter registration forms to the
office of the secretary of state or the office of a board of
elections. An individual who is eligible to vote as a uniformed
services voter or an overseas voter in accordance with 42 U.S.C.
1973ff-6 also may apply for voter registration forms by electronic
means to the office of the secretary of state or to the board of
elections of the county in which the person's voting residence is
located pursuant to section 3503.191 of the Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail through another person to
any state or local office of a designated agency, to a public high
school or vocational school, to a public library, to the office of
a county treasurer, to the office of the secretary of state, or to
the office of a board of elections. An applicant who is eligible
to vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's
completed voter registration form electronically to the office of
the secretary of state or to the board of elections of the county
in which the person's voting residence is located pursuant to
section 3503.191 of the Revised Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
by mail or through another person to any board of elections or the
office of the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving the
application, unless that application is received during the thirty
days immediately preceding the day of an election. The board shall
promptly notify the applicant in writing of each of the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification, a military identification, a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than this notification or a notification of an election mailed by
a board of elections, that shows the voter's name and current
address. Voters who do not provide one of these documents will
still be able to vote by providing the last four digits of the
voter's social security number and by casting a provisional
ballot. Voters who do not have any of the above forms of
identification, including a social security number, will still be
able to vote by signing an affirmation swearing to the voter's
identity under penalty of election falsification and by casting a
provisional ballot."
The notification shall be by nonforwardable mail. If the mail
is returned to the board, it shall investigate and cause the
notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code, the board shall correct that
voter's registration, if needed, and shall remove the indication
that the voter's notification was returned from that voter's name
on the official registration list and on the poll list or
signature pollbook. If the provisional ballot is not counted
pursuant to division (B)(4)(a)(i), or (v), or (vi) of section
3505.183 of the Revised Code, the voter's registration shall be
canceled. The board shall notify the voter by United States mail
of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation notice
by forwardable mail. If the person fails to respond to the
confirmation notice, update the person's registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.20. (A) The secretary of state, by rule, shall
establish a secure online process for voter registration. The
rules shall provide for all of the following:
(1) An applicant to submit a voter registration application
to the secretary of state online through the internet;
(2) The online applicant to be registered to vote, if all of
the following apply:
(a) The application contains all of the required information,
including the applicant's social security number;
(b) The applicant is qualified to register to vote; and
(c) The applicant attests to the truth and accuracy of the
information submitted in the online application under penalty of
election falsification using the applicant's Ohio driver's license
number or the number of the applicant's Ohio identification card
as proof of the applicant's identity.
(B) If an individual registers to vote or a registered
elector updates the elector's name, address, or both under this
section, the secretary of state shall obtain an electronic copy of
the applicant's or elector's signature that is on file with the
bureau of motor vehicles. That electronic signature shall be used
as the applicant's or elector's signature on voter registration
records, for all election and signature-matching purposes.
(C) The secretary of state shall employ whatever security
measures the secretary considers necessary to ensure the integrity
and accuracy of voter registration information submitted
electronically pursuant to this section.
(D) The online voter registration application established
under division (A) of this section shall include the following
language:
"By clicking the box below, I affirm all of the following
under penalty of election falsification:
(1) I am the person whose name and identifying information is
provided on this form, and I desire to register to vote, or update
my voter registration, in the State of Ohio.
(2) All of the information I have provided on this form is
true and correct as of the date I am submitting this form.
(3) I authorize the Bureau of Motor Vehicles to transmit to
the Ohio Secretary of State my signature that is on file with the
Bureau of Motor Vehicles, and I understand and agree that the
signature transmitted by the Bureau of Motor Vehicles will be used
by the Secretary of State to validate this electronic voter
registration application as if I had signed this form personally."
In order to register to vote or update a voter registration
under division (A) of this section, an applicant or elector shall
be required to mark the box in the online voter registration
application that appears in conjunction with the previous
statement.
(E) The online voter registration process established under
division (A) of this section shall be in operation and available
for use by individuals who wish to register to vote or update
their voter registration information online not later than July 1,
2012.
Sec. 3503.21. (A) The registration of a registered elector
shall be canceled upon the occurrence of any of the following:
(1) The filing by a registered elector of a written request
with a board of elections, on a form prescribed by the secretary
of state and signed by the elector, that the registration be
canceled. The filing of such a request does not prohibit an
otherwise qualified elector from reregistering to vote at any
time.
(2) The filing of a notice of the death of a registered
elector as provided in section 3503.18 of the Revised Code;
(3) The filing with the board of elections of a certified
copy of the death certificate of a registered elector by the
deceased elector's spouse, parent, or child, by the administrator
of the deceased elector's estate, or by the executor of the
deceased elector's will;
(4) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(3)(5) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5)(6) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6)(7) The failure of the registered elector, after having
been mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during a
period of four consecutive years, which period shall include two
general federal elections;
(b) Update the elector's registration and vote at least once
during a period of four consecutive years, which period shall
include two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes the registrant's voting
residence to a location outside the registrant's current county of
registration. Any procedures prescribed in this division shall be
uniform and nondiscriminatory, and shall comply with the Voting
Rights Act of 1965. The secretary of state may prescribe
procedures under this division that include the use of the
national change of address service provided by the United States
postal system through its licensees. Any program so prescribed
shall be completed not later than ninety days prior to the date of
any primary or general election for federal office.
(2) The registration of any elector identified as having
changed the elector's voting residence to a location outside the
elector's current county of registration shall not be canceled
unless the registrant is sent a confirmation notice on a form
prescribed by the secretary of state and the registrant fails to
respond to the confirmation notice or otherwise update the
registration and fails to vote in any election during the period
of two federal elections subsequent to the mailing of the
confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q) of
section 3501.05 of the Revised Code, division (C)(2) of section
3503.19 of the Revised Code, or division (C) of section 3503.24 of
the Revised Code.
(D) Boards of elections shall send their voter registration
information to the secretary of state as required under section
3503.15 of the Revised Code. In the first quarter of each
odd-numbered year, the secretary of state each board of elections
shall send the voter-registration information of each person
registered to vote in the applicable county to the national change
of address service described in division (B) of this section and
request that service to provide the secretary of state board of
elections with a list of any voters sent by the
secretary of
state board of elections who have moved within the last thirty-six
twelve months. The secretary of state shall transmit to each
appropriate board of elections whatever lists the secretary of
state receives Upon receipt of a response from that service. The,
the board shall send a notice to each person on the list
transmitted by the secretary of state that service requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form on
which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in
division (A)(6)(7) or (B)(2) of this section shall be canceled not
later than one hundred twenty days after the date of the second
general federal election in which the elector fails to vote or not
later than one hundred twenty days after the expiration of the
four-year period in which the elector fails to vote or respond to
a confirmation notice, whichever is later.
Sec. 3503.22. A board of elections may send an acknowledgment
notice as prescribed by the secretary of state to any registered
elector at any time to facilitate the maintenance and accuracy of
the statewide voter registration database.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of the
county at the office of the board of elections not later than
twenty days prior to the election. The applications or challenges,
with the reasons for the application or challenge, shall be filed
with the board on a form prescribed by the secretary of state and
shall be signed under penalty of election falsification.
(B) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's
records. If the board is able to determine that an application or
challenge should be granted or denied solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant or deny that application or challenge.
If the board is not able to determine whether an application
or challenge should be granted or denied solely on the basis of
the records maintained by the board, the director shall promptly
set a time and date for a hearing before the board. Except as
otherwise provided in division (D) of this section, the The
hearing shall be held, and the application or challenge shall be
decided, no later than ten days after the board receives the
application or challenge. The director shall send written notice
to any elector whose right to vote is challenged and to any person
whose name is alleged to have been omitted from a registration
list. The notice shall inform the person of the time and date of
the hearing, and of the person's right to appear and testify, call
witnesses, and be represented by counsel. The notice shall be sent
by first class mail no later than three days before the day of any
scheduled hearing. The director shall also provide the person who
filed the application or challenge with such written notice of the
date and time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and testify
before the board at a hearing held under this section. All
witnesses shall testify under oath. The board shall reach a
decision on all applications and challenges immediately after
hearing.
(C) If the board decides that any such person is not entitled
to have the person's name on the registration list, the person's
name shall be removed from the list and the person's registration
forms canceled. If the board decides that the name of any such
person should appear on the registration list, it shall be added
to the list, and the person's registration forms placed in the
proper registration files. All such corrections and additions
shall be made on a copy of the precinct lists, which shall
constitute the poll lists, to be furnished to the respective
precincts with other election supplies on the day preceding the
election, to be used by the election officials in receiving the
signatures of voters and in checking against the registration
forms.
(D)(1) If an application or challenge for which a hearing is
required to be conducted under division (B) of this section is
filed after the thirtieth day before the day of an election, the
board of elections, in its discretion, may postpone that hearing
and any notifications of that hearing until after the day of the
election. Any hearing postponed under this division shall be
conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any
registered elector whose registration is challenged and whose
challenge hearing is postponed under division (D)(1) of this
section to be marked in the official registration list and in the
poll list or signature pollbook for that elector's precinct to
indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or
challenge hearing that is postponed under division (D)(1) of this
section shall be permitted to vote a provisional ballot under
section 3505.181 of the Revised Code. The validity of a
provisional ballot cast pursuant to this section shall be
determined in accordance with section 3505.183 of the Revised
Code, except that no such provisional ballot shall be counted
unless the hearing conducted under division (B) of this section
after the day of the election results in the elector's inclusion
in the official registration list.
Sec. 3503.26. (A) All registration forms and lists, when not
in official use by the registrars or judges of elections precinct
election officials, shall be in the possession of the board of
elections. Names and addresses of electors may be copied from the
registration lists only in the office of the board when it is open
for business; but no such copying shall be permitted during the
period of time commencing twenty-one days before an election and
ending on the eleventh day after an election if such copying will,
in the opinion of the board, interfere with the necessary work of
the board. The board shall keep in convenient form and available
for public inspection a correct set of the registration lists of
all precincts in the county.
(B) Notwithstanding division (A) of this section, the board
of elections shall maintain and make available for public
inspection and copying at a reasonable cost all records concerning
the implementation of programs and activities conducted for the
purpose of ensuring the accuracy and currency of voter
registration lists, including the names and addresses of all
registered electors sent confirmation notices and whether or not
the elector responded to the confirmation notice. The board shall
maintain all records described in this division for a period of
two years.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification, a military identification, a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than a notice of an election or a voter registration notification
sent by a board of elections, that shows the voter's name and
current address. Voters who do not provide one of these documents
will still be able to vote by providing the last four digits of
the voter's social security number and by casting a provisional
ballot. Voters who do not have any of the above forms of
identification, including a social security number, will still be
able to vote by signing an affirmation swearing to the voter's
identity under penalty of election falsification and by casting a
provisional ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E)(C) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3504.01. A former elector of this state is eligible to
vote a presidential ballot in the presidential general election
held in this state in person or by mail if the former elector
meets all of the following conditions:
(A) The former elector moved out of this state not more than
thirty days before the day of the presidential general election;
(B) The former elector has not resided in the elector's new
state of residence long enough to be eligible to vote in the
presidential general election;
(C) The former elector was registered to vote in this state
at the time the former resident ceased to be a resident of this
state; and
(D) The former elector would be eligible to vote in this
state if the former elector was a resident of this state.
Sec. 3504.02. Any citizen A former elector of this state who
desires to vote in a presidential general election under this
chapter shall, submit a completed certificate of intent to vote
for presidential and vice-presidential electors not later than
four p.m. of the thirtieth day prior to the date of the
presidential election, complete a certificate of intent to vote
for presidential and vice-presidential electors twelve noon of the
third day before the day of the election. The certificate of
intent shall be completed in duplicate on a form prescribed by the
secretary of state that may be obtained and filed personally in
the office of the board of elections of the county in which such
person last resided before removal from this state, or mailed to
such board of elections.
Immediately following the spaces on the certificate for
inserting information as requested by the secretary of state, the
following statement shall be printed: "I declare under penalty of
election falsification that the statements herein contained herein
are true to the best of my knowledge and belief; that I am legally
qualified to vote; that I am not
registered eligible to vote in
the presidential general election in any other state; and that I
have not voted in an election in any other state since removing
myself from the state of Ohio.
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE."
The former elector also shall submit with the certificate of
intent to vote for presidential and vice-presidential electors a
properly completed and signed Ohio voter registration cancellation
request on a form prescribed by the secretary of state.
Sec. 3504.04. On or before the day of a presidential general
election day, the director of the board of elections shall deliver
to the polling place a list of persons who have filed certificates
of intent to vote as former resident voters and who appear, from
their voting address, entitled to vote at such polling place.
Those persons whose names appear on the list of former resident
voters, and who have otherwise complied with sections 3504.01 to
3504.06 of the Revised Code, shall then be entitled to vote for
presidential and vice-presidential electors only at their polling
place on election day or by absent voter's ballots. Such voter who
votes at that voter's polling place on election day shall sign
that voter's name in the poll book or poll list followed by,
"Former Resident's Presidential Ballot." Qualified former
residents shall be entitled to cast absent voter's ballots for
presidential and vice-presidential electors.
Sec. 3504.05. The director of the board of elections shall
forward copies of all certificates electronically transmit any
certificate of intent received from a former residents elector to
the secretary of state no later than the twenty-fifth day prior to
the day of the election in which such former resident desires to
vote within one business day. Upon receipt of such certificate,
the secretary of state shall immediately notify the chief
elections officer of the state of each applicant's prior residence
of the fact that such applicant has declared his the applicant's
intention to vote for presidential and vice-presidential electors
in this state.
Sec. 3505.05. At any time prior to the seventieth day before
the day of an election at which a question or issue, other than a
statewide question or issue, is certified to appear on the ballot,
the political subdivision, taxing authority, or other entity that
placed the issue on the ballot may remove that issue from the
ballot using the same process that the entity used to originally
certify the issue for placement on the ballot.
Upon receipt of a notification that a question or issue has
been withdrawn, the board of elections shall remove that question
or issue from the ballot.
Sec. 3505.07. (A) If the board of elections, by a unanimous
vote of its members, or if the secretary of state, in the
secretary of state's sole discretion, finds it impracticable to
place the names of candidates for any office of a minor political
subdivision in the county or the wording of any question or issue
to be voted upon in such minor political subdivision on the
ballots under sections 3505.01 to 3505.09 of the Revised Code,
then such board may, or at the direction of the secretary of state
shall, provide separate ballots for the candidates, question, or
issue.
(B) If the secretary of state, in the secretary of state's
sole discretion, determines that it is impracticable to place the
names of candidates for any office or the wording for any question
or issue to be voted upon on the ballot when the candidates,
question, issue, or wording for the question or issue was ordered
onto the ballot by a court of competent jurisdiction and the
ballots have been printed prior to the court order, the board of
elections, at the direction of the secretary of state, shall
provide separate ballots for the candidates, question, or issue.
(C) All separate ballots provided for in this section shall
conform in quality of paper, style of printing, form of ballot,
arrangement of names, and in all other ways, in so far as
practicable, with the provisions relating to the printing of the
general official ballot.
Separate ballot boxes shall be provided
for each such separate kind of ballot.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. The ballots shall
be printed with black ink on No. 2 white book paper fifty pounds
in weight per ream assuming such ream to consist of five hundred
sheets of such paper twenty-five by thirty-eight inches in size.
Each ballot shall have attached at the top two stubs, each of the
width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to
account for the ballots that the secretary of state has
authorized, each ballot may have only one stub that shall be the
width of the ballot and not less than one-half inch in length. In
the case of ballots with two stubs, the stubs shall be separated
from the ballot and from each other by perforated lines. The top
stub shall be known as Stub B and shall have printed on its face
"Stub B." The other stub shall be known as Stub A and shall have
printed on its face "Stub A." Each stub shall also have printed on
its face "Consecutive Number .........."
Each ballot of each kind of ballot provided for use in each
precinct shall be numbered consecutively beginning with number 1
by printing such number upon both of the stubs attached to the
ballot. On ballots bearing the names of candidates, each
candidate's name shall be printed in twelve point boldface upper
case type in an enclosed rectangular space, and an enclosed blank
rectangular space shall be provided at the left of the candidate's
name. The name of the political party of a candidate nominated at
a primary election or certified by a party committee shall be
printed in ten point lightface upper and lower case type and shall
be separated by a two point blank space. The name of each
candidate shall be indented one space within the enclosed
rectangular space, and the name of the political party shall be
indented two spaces within the enclosed rectangular space.
The title of each office on the ballots shall be printed in
twelve point boldface upper and lower case type in a separate
enclosed rectangular space. A four point rule shall separate the
name of a candidate or a group of candidates for the same office
from the title of the office next appearing below on the ballot; a
two point rule shall separate the title of the office from the
names of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type. When
the names of several candidates are grouped together as candidates
for the same office, there shall be printed on the ballots
immediately below the title of the office and within the separate
rectangular space in which the title is printed "Vote for not more
than ........," in six point boldface upper and lower case filling
the blank space with that number which will indicate the number of
persons who may be lawfully elected to the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an inch
wide, and a similar vertical border or line shall enclose the left
and right side of ballots. Ballots shall be trimmed along the
sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: office type
ballot; nonpartisan ballot; questions and issues ballot; and
presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the back
of each questions and issues ballot shall be printed "Official
Questions and Issues Ballot;" and on the back of each presidential
ballot shall be printed "Official Presidential Ballot." On At the
back end of every ballot also shall be printed the date of the
election at which the ballot is used and the facsimile signatures
of the members of the board of the county in which the ballot is
used. For the purpose of identifying the kind of ballot, the back
of every ballot may be numbered in the order the board shall
determine. The numbers shall be printed in not less than
thirty-six point type above the words "Official Office Type
Ballot," "Official Nonpartisan Ballot," "Official Questions and
Issues Ballot," or "Official Presidential Ballot," as the case may
be. Ballot boxes A ballot box bearing corresponding numbers shall
be furnished for each precinct in which the above-described
numbered ballots are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in
approving the form of an official ballot, the secretary of state
may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
Sec. 3505.11. (A) The ballots, with the stubs attached,
shall be bound into tablets for each precinct, which tablets shall
contain at least one per cent more ballots than the total
registration in the precinct, except as otherwise provided in
division (B) of this section. Upon the covers of the tablets shall
be written, printed, or stamped the designation of the precinct
for which the ballots have been prepared. All official ballots
shall be printed uniformly upon the same kind and quality of paper
and shall be of the same shape, size, and type.
Electors who have failed to respond within thirty days to any
confirmation notice shall not be counted in determining the number
of ballots to be printed under this section.
(B)(1) A board of elections may choose to provide ballots on
demand. If a board so chooses, the board shall have prepared for
each precinct at least five per cent more ballots for an election
than the number specified below for that kind of election:
(a) For a primary election or a special election held on the
day of a primary election, the total number of electors in that
precinct who voted in the primary election held four years
previously or, if no primary election was held four years
previously, the total number of electors in that precinct who
voted in a similarly situated primary, as determined by the board;
(b) For a general election or a special election held on the
day of a general election, the total number of electors in that
precinct who voted in the general election held four years
previously;
(c) For a special election held at any time other than on the
day of a primary or general election, the total number of electors
in that precinct who voted in the most recent primary or general
election, whichever of those elections occurred in the precinct
most recently.
(2) If, after the board complies with the requirements of
division (B)(1) of this section, the election officials of a
precinct determine that the precinct will not have enough ballots
to enable all the qualified electors in the precinct who wish to
vote at a particular election to do so, the officials shall
request that the board provide additional ballots, and the board
shall provide enough additional ballots, to that precinct in a
timely manner so that all qualified electors in that precinct who
wish to vote at that election may do so.
Sec. 3505.13. A contract for the printing of ballots
involving a cost in excess of ten twenty-five thousand dollars
shall not be let until after five days' notice published once in a
leading newspaper published in the county or upon notice given by
mail by the board of elections, addressed to the responsible
printing offices within the state. Except as otherwise provided in
this section, each bid for such printing must be accompanied by a
bond with at least two sureties, or a surety company, satisfactory
to the board, in a sum double the amount of the bid, conditioned
upon the faithful performance of the contract for such printing as
is awarded and for the payment as damages by such bidder to the
board of any excess of cost over the bid which it may be obliged
to pay for such work by reason of the failure of the bidder to
complete the contract. No bid unaccompanied by such bond shall be
considered by the board. The board may, however, waive the
requirement that each bid be accompanied by a bond if the cost of
the contract is ten twenty-five thousand dollars or less. The
contract shall be let to the lowest responsible bidder in the
state. All ballots shall be printed within the state.
Sec. 3505.16. Before the opening of the polls, the package
of supplies and the ballot boxes box shall be opened in the
presence of the precinct officials. The ballot boxes box, the
package of ballots, registration forms, and other supplies shall
at all times be in full sight of the observers, and no ballot box
or unused ballots during the balloting or counting shall be
removed or screened from their full sight until the counting has
been closed and the final returns completed and the certificate
signed by the judges.
Sec. 3505.17. If by accident or casualty the ballots or
other required papers, lists, or supplies are lost or destroyed,
or in case none are delivered at the polling place, or if during
the time the polls are open additional ballots or supplies are
required, the board of elections, upon requisition by telephone or
in writing and signed by a majority of the precinct election
judges officials of the precinct stating why such additional
supplies are needed, shall supply them as speedily as possible.
Sec. 3505.18. (A)(1) When an elector appears in a polling
place to vote, the elector shall announce to the precinct election
officials the elector's full name and current address and provide
proof of the elector's identity in the form of a current and valid
photo identification, a military identification, a United States
passport, or a copy of 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 name and current address of
the elector. If the elector provides either a driver's license or
a state identification card issued under section 4507.50 of the
Revised Code that does not contain the elector's current residence
address, the elector shall provide the last four digits of the
elector's driver's license number or state identification card
number, and the precinct election official shall mark the poll
list or signature pollbook to indicate that the elector has
provided a driver's license or state identification card number
with a former address and record the last four digits of the
elector's driver's license number or state identification card
number.
(2) If an elector has but does not have or is unable to
provide to the precinct election officials any of the forms of
identification required under division (A)(1) of this section, but
has a social security number, the elector may provide the last
four digits of the elector's social security number. Upon
providing the social security number information, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include that social
security number information and do either of the following:
(a) Appear at the office of the board of elections not later
than the close of the polls on the day of the election and provide
the identification required under division (A)(1) of this section;
or
(b) Write the elector's social security number on the
provisional ballot envelope, which number shall be verified by the
board of elections with the bureau of motor vehicles.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, the elector may execute an affirmation under
penalty of election falsification that the elector cannot provide
the identification required under that division or the last four
digits of the elector's social security number for those reasons.
Upon signing the affirmation, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code. The secretary
of state shall prescribe the form of the affirmation, which shall
include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4) of this section, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include the elector's
name.
(6) If an elector has but declines to provide to the precinct
election officials any of the forms of identification required
under division (A)(1) of this section or the elector has a social
security number but declines to provide to the precinct election
officials the last four digits of the elector's social security
number, the elector may cast a provisional ballot under section
3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write the elector's name and address signature at
the proper place in the poll list or signature pollbook provided
for the purpose, except that if, for any reason, an elector is
unable to write the elector's name and current address signature
in the poll list or signature pollbook, the elector may make the
elector's mark at the place intended for the elector's name
signature, and a precinct election official shall write the name
of the elector at the proper place on the poll list or signature
pollbook following the elector's mark. The making of such a mark
shall be attested by the precinct election official, who shall
evidence the same by signing the precinct election official's name
on the poll list or signature pollbook as a witness to the mark.
Alternatively, if applicable, an attorney in fact acting pursuant
to section 3501.382 of the Revised Code may sign the elector's
signature in the poll list or signature pollbook in accordance
with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's signature on
the elector's registration form or a digitized signature list as
provided for in section 3503.13 of the Revised Code, and if, in
the opinion of a majority of the precinct election officials, the
signatures are the signatures of the same person, the election
officials shall enter the date of the election on the registration
form or shall record the date by other means prescribed by the
secretary of state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then challenged,
or, if being challenged, the elector establishes the elector's
right to vote, the elector shall be allowed to proceed to use the
voting machine. If voting machines are not being used in that
precinct, the judge in charge of ballots shall then detach the
next ballots to be issued to the elector from Stub B attached to
each ballot, leaving Stub A attached to each ballot, hand the
ballots to the elector, and call the elector's name and the stub
number on each of the ballots. The judge shall enter the stub
numbers opposite the signature of the elector in the pollbook. The
elector shall then retire to one of the voting compartments to
mark the elector's ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person
who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an
election official asserts that the individual is not eligible to
vote;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but does not have or is unable to
provide to the election officials any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code and who has a social security number but is
unable to provide the last four digits of the individual's social
security number as permitted under division (A)(2) of that
section;
(4) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5)(3) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or an
armed service a uniformed services or overseas absent voter's
ballot for that election and who appears to vote at the polling
place;
(6)(4) An individual whose notification of registration has
been returned undelivered to the board of elections and whose name
in the official registration list and in the poll list or
signature pollbook has been marked under division (C)(2) of
section 3503.19 of the Revised Code;
(7)(5) An individual who is challenged under section 3505.20
of the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9)(6) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, or moves from one county to another and changes the
individual's name and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10)(7) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11)(8) An individual who is challenged under section 3513.20
of the Revised Code who refuses to make the statement required
under that section, who a majority of the precinct officials find
lacks any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number (9) An individual who is
casting a ballot after the time for the closing of the polls under
section 3501.32 of the Revised Code pursuant to a court order
extending the time for the closing of the polls.
(B) An individual who is eligible to cast a provisional
ballot under division (A) of this section shall be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is both of the
following:
(a) A registered voter in the jurisdiction in which the
individual desires to vote;
(b) Eligible to vote in that election.
If the individual declines to execute the affirmation, the
election official shall not record any of the information required
to be provided by the individual on the affirmation. The election
official shall explain to the individual that the provisional
ballot will not be counted.
(3) An election official at the polling place shall transmit
the ballot cast by the individual, and the voter information
contained in the written affirmation executed by the individual
under division (B)(2) of this section, or the individual's name if
the individual declines to execute such an affirmation to an
appropriate local election official for verification under
division (B)(4) of this section.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual is
eligible to vote, the individual's provisional ballot shall be
counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual who
casts a provisional ballot will be able to ascertain under the
system established under division (B)(5)(4)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason that the
vote was not counted. The free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. Access to
information about an individual ballot shall be restricted to the
individual who cast the ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification,
or a copy of 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 individual's name and current
address, or provides the last four digits of the individual's
social security number, or executes an affirmation that the
elector does not have any of those forms of identification or the
last four digits of the individual's social security number
because the individual does not have a social security number, or
declines to execute such an affirmation, the appropriate local
election official shall record the type of identification
provided, the social security number information, the fact that
the affirmation was executed, or the fact that the individual
declined to execute such an affirmation and include that
information with the transmission of the ballot or voter or
address information under division (B)(3) of this section. If the
individual declines to execute such an affirmation, the
appropriate local election official shall record the individual's
name and include that information with the transmission of the
ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification, or a copy of 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
individual's name and current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible to vote in that jurisdiction,
the election official shall may direct the individual to the
polling place for the jurisdiction in which the individual appears
to be eligible to vote, explain that the individual may cast a
provisional ballot at the current location but the ballot will not
be counted if it is cast in the wrong precinct, and provide the
telephone number of the board of elections in case the individual
has additional questions. It is the duty of the individual casting
the ballot to ensure that the individual is casting that ballot in
the correct precinct.
(2) If the The individual refuses to may travel to the
polling place for the correct jurisdiction or to the office of the
board of elections to cast a ballot, or the individual shall be
permitted to vote a provisional ballot at that jurisdiction in
accordance with division (B) of this section. If any of the
following apply, the provisional ballot cast by that individual
shall not be opened or counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(3) If an election official attempts to direct an individual
to the correct precinct under division (C)(1) of this section, and
the individual subsequently casts a ballot in the wrong precinct,
both of the following apply:
(a) That ballot shall not be counted.
(b) The ballot being cast in the wrong precinct shall not be
considered to be caused by an error on the part of the election
official.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
and polling place of any qualified elector who resides in the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
(F) Nothing in this section or section 3505.183 of the
Revised Code is in derogation of section 3505.24 of the Revised
Code, which permits a blind, disabled, or illiterate elector to
receive assistance in the marking of the elector's ballot by two
precinct election officials of different political parties. A
blind, disabled, or illiterate elector may receive assistance in
marking that elector's provisional ballot and in completing the
required affirmation in the same manner as an elector may receive
assistance on the day of an election under that section.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The secretary of state shall prescribe the
form of the written affirmation, which shall be printed upon the
face of the provisional ballot envelope and shall be substantially
as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly
swear or affirm that I am a registered voter in the jurisdiction
in which I am voting this provisional ballot and that I am
eligible to vote in the election in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of elections
determines that I have already voted in this election, my
provisional ballot will not be counted. I further understand that
knowingly providing false information is a violation of law and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(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) |
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(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.)
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Reason for voting provisional ballot (Check one):
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..... Requested, but did not receive, absent voter's ballot
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..... Other
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Verification Statement
(To be completed by election official)
The Provisional Ballot Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification or a copy of 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, with the voter's name and current
address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of 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, with
the voter's name and current address but does have one of these
forms of identification. The provisional voter must provide one
of the foregoing items of identification to the board of elections
within ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of 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, with
the voter's name and current address but does have one of these
forms of identification. Additionally, the provisional voter does
have a social security number but is not able to provide the last
four digits of the voter's social security number before voting.
The provisional voter must provide one of the foregoing items of
identification or the last four digits of the voter's social
security number to the board of elections within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, but has executed an
affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, and has declined to execute
an affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or the last four digits of the voter's social security
number but does have one of these forms of identification or a
social security number. The provisional voter must provide one of
the foregoing items of identification or the last four digits of
the voter's social security number to the board of elections
within ten days after the election.
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(Signature of Election Official)" |
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In addition to any information required to be included on the
written affirmation, an individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may note, on
the sealed provisional ballot envelope for that ballot, whether
the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and
entitled to be counted, the board shall examine its the
affirmation executed by the provisional voter, the statewide voter
registration database, and other records maintained by the board
of elections and determine whether the individual who cast the
provisional ballot is registered and eligible to vote in the
applicable election. The board shall examine the information
contained in the written affirmation executed by the individual
who cast the provisional ballot under division (B)(2) of section
3505.181 of the Revised Code. If the individual declines to
execute such an affirmation, the individual's name, written by
either the individual or the election official at the direction of
the individual, shall be included in a written affirmation in
order for the provisional ballot to be eligible to be counted;
otherwise, the If the provisional voter provided identification at
the board of elections prior to the close of the polls under
division (A)(2)(a) of section 3505.18 of the Revised Code, the
board of elections shall match that voter's provisional ballot
envelope with the corresponding voter's identification and
consider that provisional voter to have provided the required
identification at the polling place at the time the ballot was
cast when determining the validity of the provisional ballot. If
the provisional voter provided the individual's social security
number on the provisional ballot envelope under division (A)(2)(b)
of that section, the board of elections shall verify that voter's
social security number with records maintained by the bureau of
motor vehicles. If those records correspond, the board of
elections shall consider that provisional voter to have provided
the required identification at the polling place at the time the
ballot was cast.
The following information shall be included by the
provisional voter in the written affirmation in order for the
provisional ballot to be eligible to be counted:
(a) The individual's printed name and;
(b) The individual's signature;
(b)(c) The individual's date of birth;
(d) One of the following:
(i) The individual's social security number;
(ii) The individual's driver's license number;
(iii) The individual's state identification card number;
(iv) Except as otherwise provided in division (B)(1) of this
section, an affirmative notation that the individual provided the
required identification under division (A)(1) of section 3505.18
of the Revised Code;
(e) The individual's residence address;
(f) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c)(g) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days after the day of the election under division (B)(8) of
section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board determines that all of the following apply, the
provisional ballot envelope shall be opened, and the ballot shall
be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly
registered to vote.
(b) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information required
under division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the
provisional ballot, or the individual provided all of the
information required under division (B)(1) of this section with
the exception of the required identification, which identification
was provided at the board of elections prior to the close of the
polls or verified by matching the social security number provided
on the voter's provisional ballot envelope records maintained by
the bureau of motor vehicles.
(d) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(3)(a) If, in examining a provisional ballot affirmation
and additional information under divisions (B)(1) and (2) of this
section, the board determines that any of the following applies,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) The individual named on the affirmation is not qualified
or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible
to cast a ballot in the precinct or for the election in which the
individual cast the provisional ballot.
(iii) The Except as otherwise provided in division (B)(1) of
this section, the individual did not provide all of the
information required under division (B)(1) of this section in the
affirmation that the individual executed at the time the
individual cast the provisional ballot.
(iv) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days after the day of the
election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and valid
photo identification, a military identification, a copy of 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, with the
voter's name and current address, or the last four digits of the
individual's social security number or to execute an affirmation
under division (A) of section 3505.18 or division (B) of section
3505.181 of the Revised Code. The elector cast a provisional
ballot under division (A)(2) of section 3505.181 of the Revised
Code and failed to provide the required identification under
division (A)(2)(a) of section 3505.18 of the Revised Code, failed
to provide the elector's social security number under division
(A)(2)(b) of that section, or could not be positively identified
because the elector's social security number did not match the
records maintained by the bureau of motor vehicles under that
division.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board is unable to determine either of the following,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(C)(1) For each provisional ballot rejected under division
(B)(4)(3) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4)(3) of this section shall not be counted but shall be
preserved in their provisional ballot envelopes unopened until the
time provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(D) Provisional ballots that the board determines are
eligible to be counted under division (B)(3)(2) of this section
shall be counted in the same manner as provided for other ballots
under section 3505.27 of the Revised Code. No provisional ballots
shall be counted in a particular county until the board determines
the eligibility to be counted of all provisional ballots cast in
that county under division (B) of this section for that election.
Observers, as provided in section 3505.21 of the Revised Code, may
be present at all times that the board is determining the
eligibility of provisional ballots to be counted and counting
those provisional ballots determined to be eligible. No person
shall recklessly disclose the count or any portion of the count of
provisional ballots in such a manner as to jeopardize the secrecy
of any individual ballot.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, nothing Nothing in this section shall prevent a
board of elections from examining provisional ballot affirmations
and additional information under divisions (B)(1) and (2) of this
section to determine the eligibility of provisional ballots to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) of
section 3505.181 of the Revised Code that additional information
is required for the board of elections to determine the
eligibility of the individual who cast that provisional ballot
until the individual provides any information required under
division (B)(8) of section 3505.181 of the Revised Code, until any
hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until the eleventh day after the day of the election, whichever is
earlier.
Sec. 3505.20. Any person offering to vote may be challenged
at the polling place by any judge of elections precinct election
official. If the board of elections has ruled on the question
presented by a challenge prior to election day, its finding and
decision shall be final, and the presiding judge voting location
manager shall be notified in writing. If the board has not ruled,
the question shall be determined as set forth in this section. If
any person is so challenged as unqualified to vote, the presiding
judge voting location manager shall tender the person the
following oath: "You do swear or affirm under penalty of election
falsification that you will fully and truly answer all of the
following questions put to you concerning your qualifications as
an elector at this election."
(A) If the person is challenged as unqualified on the ground
that the person is not a citizen, the judges precinct election
officials shall put the following questions question:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your
citizenship? Please provide that documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the vote is
received, produce for inspection of the judges a certificate of
naturalization and declare under oath that the person is the
identical person named in the certificate. If the person states
under oath that, by reason of the naturalization of the person's
parents or one of them, the person has become a citizen of the
United States, and when or where the person's parents were
naturalized, the certificate of naturalization need not be
produced. If the person is unable to provide a certificate of
naturalization on the day of the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the ground
that the person has not resided in this state for thirty days
immediately preceding the election, the judges precinct election
officials shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges precinct election officials are unable to
verify the person's eligibility to cast a ballot in the election,
the judges precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(C) If the person is challenged as unqualified on the ground
that the person is not a resident of the precinct where the person
offers to vote, the judges precinct election officials shall put
the following questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges precinct election officials shall direct an
individual who is not in the appropriate polling place to the
appropriate polling place. If the individual refuses to go to the
appropriate polling place, or if the judges precinct election
officials are unable to verify the person's eligibility to cast a
ballot in the election, the judges precinct election officials
shall provide to the person, and the person may vote, a
provisional ballot under section 3505.181 of the Revised Code. The
provisional ballot shall not be counted unless it is properly
completed and the board of elections determines that the voter is
properly registered and eligible to vote in the election.
(D) If the person is challenged as unqualified on the ground
that the person is not of legal voting age, the judges precinct
election officials shall put the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges precinct election officials are unable to
verify the person's age and eligibility to cast a ballot in the
election, the judges precinct election officials shall provide to
the person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged as are necessary to determine the person's
qualifications as an elector at the election. If a person
challenged refuses to answer fully any question put to the person,
is unable to answer the questions as they were answered on the
registration form by the person under whose name the person offers
to vote, or refuses to sign the person's name or make the person's
mark, or if for any other reason a majority of the judges precinct
election officials believes the person is not entitled to vote,
the
judges precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
A qualified citizen who has certified the citizen's intention
to vote for president and vice-president as provided by Chapter
3504. of the Revised Code shall be eligible to receive only the
ballot containing presidential and vice-presidential candidates.
However, prior to the nineteenth day before the day of an
election and in accordance with section 3503.24 of the Revised
Code, any person qualified to vote may challenge the right of any
other person to be registered as a voter, or the right to cast an
absent voter's ballot, or to make application for such ballot.
Such challenge shall be made in accordance with section 3503.24 of
the Revised Code, and the board of elections of the county in
which the voting residence of the challenged voter is situated
shall make a final determination relative to the legality of such
registration or application.
Sec. 3505.21. (A) As used in this section, "during the
casting of the ballots" includes any time during which a board of
elections permits an elector to vote an absent voter's ballot in
person at the office of the board and any time ballots may be cast
in a precinct polling place on the day of an election.
(B) At any primary, special, or general election, any
political party supporting candidates to be voted upon at such
election and any group of five or more candidates may appoint to
the board of elections or to any of the precincts in the county or
city one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting of the
ballots and during the counting of the ballots; provided that
separate observers may be appointed to serve during the casting
and during the counting of the ballots. No candidate, no uniformed
peace officer as defined by section 2935.01 of the Revised Code,
no uniformed state highway patrol trooper, no uniformed member of
any fire department, no uniformed member of the armed services, no
uniformed member of the organized militia, no person wearing any
other uniform, and no person carrying a firearm or other deadly
weapon shall serve as an observer, nor shall any candidate be
represented by more than one observer at any one precinct at the
board of elections except that a candidate who is a member of a
party controlling committee, as defined in section 3517.03 of the
Revised Code, may serve as an observer. Any
(C) Any political party or group of candidates appointing
observers shall notify the board of elections of the names and
addresses of its appointees and the precincts at which they shall
serve or that they will serve at the board of elections.
Notification of observers appointed to serve on the day of an
election shall take place not less than eleven days before the day
of the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. of the day before the election.
Notification of observers appointed to serve at the office of the
board during the time absent voter's ballots may be cast in person
shall take place not less than eleven days before absent voter's
ballots are required to be ready for use pursuant to division
(B)(3) of section 3509.01 of the Revised Code on forms prescribed
by the secretary of state and may be amended by filing an
amendment with the board of elections at any time until four p.m.
of the day before the observer is appointed to serve. The observer
serving on behalf of a political party shall be appointed in
writing by the chairperson and secretary of the respective
controlling party committee. Observers serving for any five or
more candidates shall have their certificates signed by those
candidates. Observers appointed to a precinct may file their
certificates of appointment with the presiding judge voting
location manager of the precinct at the meeting on the evening
prior to the election, or with the presiding judge voting location
manager of the precinct on the day of the election. Upon Observers
appointed to the office of the board to observe the casting of
absent voter's ballots in person prior to the day of the election
may file their certificates with the director of the board of
elections the day before or on the day that the observers are
scheduled to serve at the office of the board.
Upon the filing of a certificate, the person named as
observer in the certificate shall be permitted to be in and about
the applicable polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding of
the judges of elections precinct election officials from the time
of the opening until the closing of the polls. The observer also
may inspect the counting of all ballots in the polling place or
board of elections from the time of the closing of the polls until
the counting is completed and the final returns are certified and
signed. Observers appointed to serve at the board of elections on
the day of an election under this section may observe at the board
of elections and may observe at any precinct in the county. The
judges of elections precinct election officials shall protect such
observers in all of the rights and privileges granted to them by
Title XXXV of the Revised Code.
(D) No persons other than the judges of elections precinct
election officials, the observers, a police officer, other persons
who are detailed to any precinct on request of the board of
elections, or the secretary of state or the secretary of state's
legal representative shall be admitted to the polling place, or
any room in which a board of elections is counting ballots, after
the closing of the polls until the counting, certifying, and
signing of the final returns of each election have been completed.
(E) Not later than four p.m. of the twentieth day prior to an
election at which questions are to be submitted to a vote of the
people, any committee that in good faith advocates or opposes a
measure may file a petition with the board of any county asking
that the petitioners be recognized as the committee entitled to
appoint observers to the count at the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such a petition, the board shall decide and announce
by registered mail to each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to appoint observers. The decision shall not be
final, but any aggrieved party may institute mandamus proceedings
in the court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections precinct election
officials to accept the appointees of such aggrieved party. Any
such recognized committee may appoint an observer to the count in
each precinct. Committees appointing observers shall notify the
board of elections of the names and addresses of its appointees
and the precincts at which they shall serve. Notification shall
take place not less than eleven days before the election on forms
prescribed by the secretary of state and may be amended by filing
an amendment with the board of elections at any time until four
p.m. on the day before the election. A person so appointed shall
file the person's certificate of appointment with the presiding
judge voting location manager in the precinct in which the person
has been appointed to serve. Observers shall file their
certificates before the polls are closed. In no case shall more
than six observers be appointed for any one election in any one
precinct. If more than three questions are to be voted on, the
committees which have appointed observers may agree upon not to
exceed six observers, and the judges of elections precinct
election officials shall appoint such observers. If such
committees fail to agree, the judges of elections precinct
election officials shall appoint six observers from the appointees
so certified, in such manner that each side of the several
questions shall be represented.
(F) No person shall serve as an observer at any precinct or
at the board of elections unless the board of elections of the
county in which such observer is to serve has first been notified
of the name, address, and precinct location at which such observer
is to serve. Notification to the board of elections shall be given
by the political party, group of candidates, or committee
appointing such observer as prescribed in this section. No such
observers shall receive any compensation from the county,
municipal corporation, or township, and they shall take the
following oath, to be administered by one of the judges of
elections precinct election officials:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to persons offering to
vote; and that you will not disclose or communicate to any person
how any elector has voted at such election.
(G)(1) An observer who serves during the casting of the
ballots shall only be permitted to do the following:
(a) Watch and listen to the activities conducted by the
precinct election officials and the interactions between precinct
election officials and voters, as long as the precinct election
officials are not delayed in performing the officials' prescribed
duties and voters are not delayed in casting their ballots;
(b) Make notes on the observer's observations other than by
means of a photographic, video, or audio recording.
(2)(a) No observer who serves during the casting of the
ballots shall interact with any precinct election official or with
any voter while the observer is inside the polling place, within
the area between the polling place and the small flags of the
United States placed on the thoroughfares and walkways leading to
the polling place, or within ten feet of any elector in line
waiting to vote, if the line of electors waiting to vote extends
beyond those small flags.
(b) An observer does not violate division (G)(2)(a) of this
section as a result of an incidental interaction with a voter or a
precinct election official, such as an exchange of greetings.
Sec. 3505.23. No Except as otherwise provided in this
section, no voter shall be allowed to occupy a voting compartment
or use a voting machine for more than five ten minutes when all
the voting compartments or machines are in use and voters are
waiting to occupy them. Except The ten-minute time limit shall not
apply to any person who is disabled and requires accommodation to
the extent required under the "Americans with Disabilities Act of
1990," 104 Stat. 327, 42 U.S.C. 12101.
Except as otherwise provided by section 3505.24 of the
Revised Code, no voter shall occupy a voting compartment or
machine with another person or speak to anyone, nor shall anyone
speak to the voter, while the voter is in a voting compartment or
machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election officials
and a second ballot shall be issued to the voter. Before returning
a torn, soiled, defaced, or erroneously marked ballot, the voter
shall fold it so as to conceal any marks the voter made upon it,
but the voter shall not remove Stub A therefrom. If the voter
tears, soils, defaces, or erroneously marks such second ballot,
the voter may return it to the precinct election officials, and a
third ballot shall be issued to the voter. In no case shall more
than three ballots be issued to a voter. Upon receiving a returned
torn, soiled, defaced, or erroneously marked ballot the precinct
election officials shall detach Stub A therefrom, write "Defaced"
on the back of such ballot, and place the stub and the ballot in
the separate containers provided therefor.
No elector shall leave the polling place until the elector
returns to the precinct election officials every ballot issued to
the elector with Stub A on each ballot attached thereto,
regardless of whether the elector has or has not placed any marks
upon the ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face of the
ballot is visible, and so that the printing thereon indicating the
kind of ballot it is and the facsimile signatures of the members
of the board of elections are visible. The voter shall then leave
the voting compartment, deliver the voter's ballots, and state the
voter's name to the judge precinct election official having charge
of the ballot boxes box, who shall announce the name, detach Stub
A from each ballot, and announce the number on the stubs. The
judges
precinct election officials in charge of the poll lists or
poll books shall check to ascertain whether the number so
announced is the number on Stub B of the ballots issued to such
voter, and if no discrepancy appears to exist, the judge precinct
election official in charge of the ballot boxes box shall, in the
presence of the voter, deposit each such ballot in the proper
ballot box and shall place Stub A from each ballot in the
container provided therefor. The voter shall then immediately
leave the polling place.
No ballot delivered by a voter to the judge precinct election
official in charge of the ballot boxes box with Stub A detached
therefrom, and only ballots provided in accordance with Title XXXV
of the Revised Code, shall be voted or deposited in the ballot
boxes box.
In marking a presidential ballot, the voter shall record the
vote in the manner provided on the ballot next to the names of the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of such
nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot
next to the name of each candidate for whom the voter desires to
vote.
In marking a primary election ballot, the voter shall record
the vote in the manner provided on the ballot next to the name of
each candidate for whom the voter desires to vote. If the voter
desires to vote for the nomination of a person whose name is not
printed on the primary election ballot, the voter may do so by
writing such person's name on the ballot in the proper place
provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the manner provided on the ballot at the left
or at the right of "YES" or "NO" or other words of similar import
which are printed on the ballot to enable the voter to indicate
how the voter votes in connection with each question or issue upon
which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom the elector desires to vote, the elector shall write such
person's name in such blank space and on no other place on the
ballot. Unless specific provision is made by statute, no blank
space shall be provided on a ballot for write-in votes, and any
names written on a ballot other than in a blank space provided
therefor shall not be counted or recorded.
Sec. 3505.24. Any Notwithstanding any provision of the
Revised Code to the contrary, any elector who declares to the
presiding judge of elections voting location manager that the
elector is unable to mark the elector's ballot by reason of
blindness, disability, or illiteracy may be accompanied in the
voting booth and aided by any person of the elector's choice,
other than the elector's employer, an agent of the elector's
employer, or an officer or agent of the elector's union, if any.
The elector also may request and receive assistance in the marking
of the elector's ballot from two election officials of different
political parties. Any person providing assistance in the marking
of an elector's ballot under this section shall thereafter provide
no information in regard to the marking of that ballot.
Any judge precinct election official may require a
declaration of inability to be made by the elector under oath
before the judge official. Assistance shall not be rendered for
causes other than those specified in this section, and no
candidate whose name appears on the ballot shall assist any person
in marking that person's ballot.
Sec. 3505.26. At the time for closing the polls, the
presiding judge voting location manager shall by proclamation
announce that the polls are closed.
The judges precinct election officials shall then in the
presence of observers proceed as follows:
(A) Count the number of electors who voted, as shown on the
pollbooks;
(B) Count the unused ballots without removing stubs;
(C) Count the soiled and defaced ballots;
(D) Insert the totals of (A), (B), and (C) on the report
forms provided therefor in the pollbook;
(E) Count the voted ballots. If the number of voted ballots
exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge voting location manager shall enter
on the pollbooks an explanation of that discrepancy, and that
explanation, if agreed to, shall be subscribed to by all of the
judges precinct election officials. Any judge precinct official
having a different explanation shall enter it in the pollbooks and
subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, certify the number, and then proceed
to count and tally the votes in the manner prescribed by section
3505.27 of the Revised Code and certify the result of the election
to the board of elections.
Sec. 3505.28. (A)(1) No ballot shall be counted which is
marked contrary to law, except that no ballot shall be rejected
for any technical error unless it is impossible to determine the
voter's choice. If
(2) A ballot is marked contrary to law and does not contain a
technical error if the voter marks more selections for a
particular office, question, or issue than the number of
selections that the voter is allowed by law to make for that
office, question, or issue.
(3) Except as otherwise provided in this division, a voter
makes more selections for a particular office than the voter is
allowed by law to make for that office if the voter marks the
ballot for a candidate and also writes in the name of that
candidate as a write-in vote. If all of the following apply, then
the ballot is not marked contrary to law and the ballot shall be
counted:
(a) The voter marks the ballot for a candidate and writes in
the identical candidate's name;
(b) The ballots are counted at a central location using
automatic tabulating equipment; and
(c) At least three members of the board of elections agree
that the candidate's name, as it appears on the ballot, and the
name of the candidate written in by the voter are identical.
(4) If the voter makes more selections for a particular
office, question, or issue than the number of selections that the
voter is allowed by law to make, the voter's ballot shall be
invalidated for that office, question, or issue, but shall not be
invalidated for any other office, question, or issue for which the
voter has not marked an excess number of selections.
(B) If two or more ballots are found folded together among
the ballots removed from a ballot box, they shall be deemed to be
fraudulent. Such ballots shall not be counted. They shall be
marked "Fraudulent" and shall be placed in an envelope indorsed
"Not Counted" with the reasons therefor, and such envelope shall
be delivered to the board of elections together with other
uncounted ballots.
(C) No ballot shall be rejected because of being marked with
ink or by any writing instrument other than one of the pencils
provided by the board of elections.
Sec. 3505.29. From the time the ballot box is opened and the
count of ballots begun until the ballots are counted and
certificates of votes cast are made out, signed, certified and
given to the presiding judge voting location manager for delivery
to the headquarters of the board of elections, the judges precinct
election officials in each precinct shall not separate, nor shall
a judge precinct election official leave the polling place except
from unavoidable necessity. In cases of illness or unavoidable
necessity, the board may substitute another qualified person for
any precinct official so incapacitated.
Sec. 3505.30. When the results of the ballots have been
ascertained, such results shall be embodied in a summary statement
to be prepared by the judges precinct election officials in
duplicate, on forms provided by the board of elections. One copy
shall be certified by the judges precinct election officials and
posted on the front of the polling place, and one copy, similarly
certified, shall be transmitted without delay to the board in a
sealed envelope along with the other returns of the election. The
board shall, immediately upon receipt of such summary statements,
compile and prepare an unofficial count and upon its completion
shall transmit prepaid, immediately by telephone, facsimile
machine, or other telecommunications device, the results of such
unofficial count to the secretary of state, or to the board of the
most populous county of the district which is authorized to
canvass the returns. Such count, in no event, shall be made later
than twelve noon on the day following the election.
The board
shall also, at the same time, certify the results thereof to the
secretary of state by certified mail. The board shall remain in
session from the time of the opening of the polls, continuously,
until the results of the election are received from every precinct
in the county and such results are communicated to the secretary
of state.
Sec. 3505.31. When the results of the voting in a polling
place on the day of an election have been determined and entered
upon the proper forms and the certifications of those results have
been signed by the precinct officials, those officials, before
leaving the polling place, shall place all ballots that they have
counted in containers provided for that purpose by the board of
elections, and shall seal each container in a manner that it
cannot be opened without breaking the seal or the material of
which the container is made. They shall also seal the pollbook,
poll list or signature pollbook, and tally sheet in a manner that
the data contained in these items cannot be seen without breaking
the seals. On the outside of these items shall be a plain
indication that they are to be filed with the board. The
presiding
judge voting location manager and an employee or appointee of the
board of elections who has taken an oath to uphold the laws and
constitution of this state, including an oath that the person will
promptly and securely perform the duties required under this
section and who is a member of a different political party than
the presiding judge voting location manager, shall then deliver to
the board the containers of ballots and the sealed pollbook, poll
list, and tally sheet, together with all other election reports,
materials, and supplies required to be delivered to the board.
The board shall carefully preserve all ballots prepared and
provided by it for use in an election, whether used or unused, for
sixty days after the day of the election, except that, if an
election includes the nomination or election of candidates for any
of the offices of president, vice-president, presidential elector,
member of the senate of the congress of the United States, or
member of the house of representatives of the congress of the
United States, the board shall carefully preserve all ballots
prepared and provided by it for use in that election, whether used
or unused, for twenty-two months after the day of the election. If
an election is held within that sixty-day period, the board shall
have authority to transfer those ballots to other containers to
preserve them until the sixty-day period has expired. After that
sixty-day period, the ballots shall be disposed of by the board in
a manner that the board orders, or where voting machines have been
used the counters may be turned back to zero; provided that the
secretary of state, within that sixty-day period, may order the
board to preserve the ballots or any part of the ballots for a
longer period of time, in which event the board shall preserve
those ballots for that longer period of time.
In counties where voting machines are used, if an election is
to be held within the sixty days immediately following a primary,
general, or special election or within any period of time within
which the ballots have been ordered preserved by the secretary of
state or a court of competent jurisdiction, the board, after
giving notice to all interested parties and affording them an
opportunity to have a representative present, shall open the
compartments of the machines and, without unlocking the machines,
shall recanvass the vote cast in them as if a recount were being
held. The results shall be certified by the board, and this
certification shall be filed in the board's office and retained
for the remainder of the period for which ballots must be kept.
After preparation of the certificate, the counters may be turned
back to zero, and the machines may be used for the election.
The board shall carefully preserve the pollbook, poll list or
signature pollbook, and tally sheet delivered to it from each
polling place until it has completed the official canvass of the
election returns from all precincts in which electors were
entitled to vote at an election, and has prepared and certified
the abstracts of election returns, as required by law. The board
shall not break, or permit anyone to break, the seals upon the
pollbook, poll list or signature pollbook, and tally sheet, or
make, or permit any one to make, any changes or notations in these
items, while they are in its custody, except as provided by
section 3505.32 of the Revised Code.
Pollbooks and poll lists or signature pollbooks of a party
primary election delivered to the board from polling places shall
be carefully preserved by it for two years after the day of
election in which they were used, and shall then be disposed of by
the board in a manner that the board orders.
Pollbooks, poll lists or signature pollbooks, tally sheets,
summary statements, and other records and returns of an election
delivered to it from polling places shall be carefully preserved
by the board for two years after the day of the election in which
they were used, and shall then be disposed of by the board in a
manner that the board orders.
Sec. 3506.021. (A) A board of elections may adopt the use of
any electronic pollbook that has been certified for use in this
state in accordance with section 3506.05 of the Revised Code,
instead of using poll lists or signature pollbooks. A board of
elections that opts to use electronic pollbooks shall notify the
secretary of state of that decision.
(B) The secretary of state shall provide each board of
elections that adopts the use of electronic pollbooks under
division (A) of this section with rules, instructions, directives,
and advisories regarding the examination, testing, and use of
electronic pollbooks, including rules regarding the sealing of the
information in those pollbooks as required under section 3505.31
of the Revised Code.
(C) As used in this section, "electronic pollbook" has the
same meaning as in section 3506.05 of the Revised Code.
Sec. 3506.05. (A) As used in this section, except:
(1) "Electronic pollbook" means an electronic list of
registered voters for a particular precinct or polling location
that may be transported to a polling location;
(2) Except when used as part of the phrase "tabulating
equipment" or "automatic tabulating equipment,":
(1) "Equipment" "equipment" means a voting machine, marking
device, automatic tabulating equipment, or software, or an
electronic pollbook.
(2)(3) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic tabulating
equipment, or software for the purpose of casting or tabulating
votes or for communications among systems involved in the
tabulation, storage, or casting of votes, and no electronic
pollbook, shall be purchased, leased, put in use, or continued to
be used, except for experimental use as provided in division (B)
of section 3506.04 of the Revised Code, unless it, a manual of
procedures governing its use, and training materials, service, and
other support arrangements have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the use
of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related
manuals and support arrangements. The board shall consist of four
members, who shall be appointed as follows:
(1) Two members appointed by the secretary of state.
(2) One member appointed by either the speaker of the house
of representatives or the minority leader of the house of
representatives, whichever is a member of the opposite political
party from the one to which the secretary of state belongs.
(3) One member appointed by either the president of the
senate or the minority leader of the senate, whichever is a member
of the opposite political party from the one to which the
secretary of state belongs.
In all cases of a tie vote or a disagreement in the board, if
no decision can be arrived at, the board shall submit the matter
in controversy to the secretary of state, who shall summarily
decide the question, and the secretary of state's decision shall
be final. Each member of the board shall be a competent and
experienced election officer or a person who is knowledgeable
about the operation of voting equipment and shall serve during the
secretary of state's term. Any vacancy on the board shall be
filled in the same manner as the original appointment. The
secretary of state shall provide staffing assistance to the board,
at the board's request.
For the member's service, each member of the board shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine, and
electronic pollbook examined and reported, but in no event shall a
member receive more than six hundred dollars to examine and report
on any one marking device, item of tabulating equipment, or voting
machine, or electronic pollbook. Each member of the board shall be
reimbursed for expenses the member incurs during an examination or
during the performance of any related duties that may be required
by the secretary of state. Reimbursement of these expenses shall
be made in accordance with, and shall not exceed, the rates
provided for under section 126.31 of the Revised Code.
Neither the secretary of state nor the board, nor any public
officer who participates in the authorization, examination,
testing, or purchase of equipment, shall have any pecuniary
interest in the equipment or any affiliation with the vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all current
related procedural manuals, and a current description of all
related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission
shall be accompanied by a fee of eighteen hundred dollars and a
detailed explanation of the construction and method of operation
of the equipment, a full statement of its advantages, and a list
of the patents and copyrights used in operations essential to the
processes of vote recording and tabulating, vote storage, system
security, pollbook storage and security, and other crucial
operations of the equipment as may be determined by the board. An
additional fee, in an amount to be set by rules promulgated by the
board, may be imposed to pay for the costs of alternative testing
or testing by persons other than board members, record-keeping,
and other extraordinary costs incurred in the examination process.
Moneys not used shall be returned to the person or entity
submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely for
the purpose of paying for the services and expenses of each member
of the board or for other expenses incurred relating to the
examination, testing, reporting, or certification of voting
machine devices equipment, the performance of any related duties
as required by the secretary of state, or the reimbursement of any
person submitting an examination fee as provided in this chapter.
(D) Within sixty days after the submission of the equipment
and payment of the fee, or as soon thereafter as is reasonably
practicable, but in any event within not more than ninety days
after the submission and payment, the board of voting machine
examiners shall examine the equipment and file with the secretary
of state a written report on the equipment with its
recommendations and, if applicable, its determination or condition
of approval regarding whether the equipment, manual, and other
related materials or arrangements meet the criteria set forth in
sections 3506.07 and 3506.10 of the Revised Code and can be safely
used by the voters at elections under the conditions prescribed in
Title XXXV of the Revised Code, or a written statement of reasons
for which testing requires a longer period. The board may grant
temporary approval for the purpose of allowing experimental use of
equipment. If the board finds that the equipment meets the any
applicable criteria set forth in sections 3506.06, 3506.07, and
3506.10 of the Revised Code, can be used safely and, if
applicable, can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to be
warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Equipment of the same model
and make, if it provides for recording of voter intent, system
security, voter privacy, retention of vote, and communication of
voting records operates in an identical manner, may then be
adopted for use at elections.
(E) The vendor shall notify the secretary of state, who shall
then notify the board of voting machine examiners, of any
enhancement and any significant adjustment to the hardware or
software that could result in a patent or copyright change or that
significantly alters the methods of recording voter intent, system
security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other
systems. The vendor shall provide the secretary of state with an
updated operations manual for the equipment, and the secretary of
state shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of state
shall periodically examine, test, and inspect certified equipment
to determine continued compliance with the requirements of this
chapter and the initial certification. Any examination, test, or
inspection conducted for the purpose of continuing certification
of any equipment in which a significant problem has been uncovered
or in which a record of continuing problems exists shall be
performed pursuant to divisions (C) and (D) of this section, in
the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the certification of equipment, the
board of voting machine examiners or the secretary of state is
notified by a board of elections of any significant problem with
the equipment or determines that the equipment fails to meet the
requirements necessary for approval or continued compliance with
the requirements of this chapter, or if the board of voting
machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if
notice of such enhancements or adjustments has not been given as
required by division (E) of this section, the secretary of state
shall notify the users and vendors of that equipment that
certification of the equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall specify
both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless
the vendor takes satisfactory corrective measures or explains why
there are no problems with the equipment or why the enhancements
or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of this
section shall, within thirty days after receiving it, submit to
the board of voting machine examiners in writing a description of
the corrective measures taken and the date on which they were
taken, or the explanation required under division (G)(1)(b) of
this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3) of
this section indicating a decision to withdraw certification may,
within thirty days after receiving it, request in writing that the
board hold a hearing to reconsider its decision. Any interested
party shall be given the opportunity to submit testimony or
documentation in support of or in opposition to the board's
recommendation to withdraw certification. Failure of the vendor to
take appropriate steps as described in division (G)(1)(b) or to
comply with division (G)(2) of this section results in a waiver of
the vendor's rights under division (G)(4) of this section.
(H)(1) The secretary of state, in consultation with the board
of voting machine examiners, shall establish, by rule, guidelines
for the approval, certification, and continued certification of
the voting machines, marking devices, and tabulating equipment,
and electronic pollbooks to be used under Title XXXV of the
Revised Code. The guidelines shall establish procedures requiring
vendors or computer software developers to place in escrow with an
independent escrow agent approved by the secretary of state a copy
of all source code and related documentation, together with
periodic updates as they become known or available. The secretary
of state shall require that the documentation include a system
configuration and that the source code include all relevant
program statements in low- or high-level languages. As used in
this division, "source code" does not include variable codes
created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of state
from following or adopting, any guidelines proposed by the federal
election commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance
commission, or any entity authorized by the election assistance
commission to propose guidelines.
(3)(a) Before the initial certification of any direct
recording electronic voting machine with a voter verified paper
audit trail, and as a condition for the continued certification
and use of those machines, the secretary of state shall establish,
by rule, standards for the certification of those machines. Those
standards shall include, but are not limited to, all of the
following:
(i) A definition of a voter verified paper audit trail as a
paper record of the voter's choices that is verified by the voter
prior to the casting of the voter's ballot and that is securely
retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail
shall not be retained by any voter and shall not contain
individual voter information;
(iii) A prohibition against the production by any direct
recording electronic voting machine of anything that legally could
be removed by the voter from the polling place, such as a receipt
or voter confirmation;
(iv) A requirement that paper used in producing a voter
verified paper audit trail be sturdy, clean, and resistant to
degradation;
(v) A requirement that the voter verified paper audit trail
shall be capable of being optically scanned for the purpose of
conducting a recount or other audit of the voting machine and
shall be readable in a manner that makes the voter's ballot
choices obvious to the voter without the use of computer or
electronic codes;
(vi) A requirement, for office-type ballots, that the voter
verified paper audit trail include the name of each candidate
selected by the voter;
(vii) A requirement, for questions and issues ballots, that
the voter verified paper audit trail include the title of the
question or issue, the name of the entity that placed the question
or issue on the ballot, and the voter's ballot selection on that
question or issue, but not the entire text of the question or
issue.
(b) The secretary of state, by rule adopted under Chapter
119. of the Revised Code, may waive the requirement under division
(H)(3)(a)(v) of this section, if the secretary of state determines
that the requirement is cost prohibitive.
(4)(a) Except as otherwise provided in division (H)(4)(c) of
this section, any voting machine, marking device, or automatic
tabulating equipment initially certified or acquired on or after
December 1, 2008, shall have the most recent federal certification
number issued by the election assistance commission.
(b) Any voting machine, marking device, or automatic
tabulating equipment certified for use in this state on the
effective date of this amendment September 12, 2008, shall meet,
as a condition of continued certification and use, the voting
system standards adopted by the federal election commission in
2002.
(c) A county that acquires additional voting machines,
marking devices, or automatic tabulating equipment on or after
December 1, 2008, shall not be considered to have acquired those
machines, devices, or equipment on or after December 1, 2008, for
the purpose of division (H)(4)(a) of this section if all of the
following apply:
(i) The voting machines, marking devices, or automatic
tabulating equipment acquired are the same as the machines,
devices, or equipment currently used in that county.
(ii) The acquisition of the voting machines, marking devices,
or automatic tabulating equipment does not replace or change the
primary voting system used in that county.
(iii) The acquisition of the voting machines, marking
devices, or automatic tabulating equipment is for the purpose of
replacing inoperable machines, devices, or equipment or for the
purpose providing additional machines, devices, or equipment
required to meet the allocation requirements established pursuant
to division (I) of section 3501.11 of the Revised Code.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of these
are in use or are to be used, the board of elections:
(A) May combine, rearrange, and enlarge precincts; but the
board shall arrange for a sufficient number of these devices to
accommodate the number of electors in each precinct as determined
by the number of votes cast in that precinct at the most recent
election for the office of governor, taking into consideration the
size and location of each selected polling place, available
parking, handicap accessibility and other accessibility to the
polling place, and the number of candidates and issues to be voted
on. Notwithstanding section 3501.22 of the Revised Code, the board
may appoint more than four precinct officers to each precinct if
this is made necessary by the number of voting machines to be used
in that precinct.
(B) Except as otherwise provided in this division, shall
establish one or more counting stations to receive voted ballots
and other precinct election supplies after the polling precincts
are closed. Those stations shall be under the supervision and
direction of the board of elections. Processing and counting of
voted ballots, and the preparation of summary sheets, shall be
done in the presence of observers approved by the board. A
certified copy of the summary sheet for the precinct shall be
posted at each counting station immediately after completion of
the summary sheet.
In counties where punch card ballots are used, one or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.15. The secretary of state shall provide each
board of elections with rules, instructions, directives, and
advisories regarding the examination, testing, and use of the
voting machine and tabulating equipment, the assignment of duties
of booth officials, the procedure for casting a vote on the
machine, and how the vote shall be tallied and reported to the
board, and with other rules, instructions, directives, and
advisories the secretary of state finds necessary to ensure the
adequate care and custody of voting equipment, and the accurate
registering, counting, and canvassing of the votes as required by
this chapter. The boards of elections shall be charged with the
responsibility of providing for the adequate instruction of voters
and election officials in the proper use of the voting machine and
marking devices.
The boards' instructions shall include, in
counties where punch card ballots are used, instructions that each
voter shall examine the voter's marked ballot card and remove any
chads that remain partially attached to it before returning it to
election officials.
The secretary of state's rules, instructions, directives, and
advisories provided under this section shall comply, insofar as
practicable, with this chapter. The provisions of Title XXXV of
the Revised Code, not inconsistent with the provisions relating to
voting machines, apply in any county using a voting machine.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state. Those
ballots shall be the same size, shall be printed on the same kind
of paper, and shall be in the same form as has been approved for
use at the election for which those ballots are to be voted;
except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall
be instructed to record the vote in the manner provided on the
ballot cards. In counties where punch card ballots are used, those
absent voters shall be instructed to examine their marked ballot
cards and to remove any chads that remain partially attached to
them before returning them to election officials.
(B) The rotation of names of candidates and questions and
issues shall be substantially complied with on absent voter's
ballots, within the limitation of time allotted. Those ballots
shall be designated as "Absent Voter's Ballots." Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the Uniformed and Overseas Citizens
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, ballots shall be printed and ready
for use on the forty-fifth day before the day of the election.
(2) For all other voters, other than overseas voters and
absent uniformed services voters, who are applying to vote absent
voter's ballots other than in person, ballots shall be printed and
ready for use on the
thirty-fifth twenty-first day before the day
of the election.
(3) For all voters who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the seventeenth day before the day of the election
and shall continue to be available for use through six p.m. on the
last Friday before the day of the election, except that ballots
shall not be available for use on Sunday. On the days in which
absent voter's ballots are available for use in person, those
ballots shall be available from eight a.m. through six p.m. Monday
through Friday and from eight a.m. through twelve p.m. on
Saturday. If, at the time for the close of in-person absent voting
on a particular day, there are voters waiting in line to cast
their ballots, the in-person absent voting location shall be kept
open until such waiting voters have cast their absent voter's
ballots.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state, shall
include only those questions, issues, and candidacies that have
been lawfully ordered submitted to the electors voting at that
election.
(D)(1) If the laws governing the holding of a special
election on a day other than the day on which a primary or general
election is held make it impossible for absent voter's ballots to
be printed and ready for use by the deadlines established in
division (B) of this section, absent voter's ballots for those
special elections shall be ready for use as many days before the
day of the election as reasonably possible under the laws
governing the holding of that special election.
(2) If, in accordance with Section 2 of Article XVII, Ohio
Constitution, an election is required to be held to fill a vacancy
that occurs after absent voter's ballots have been printed and
distributed under division (B) of this section, the board of
elections shall print and distribute a supplemental ballot for
that election to each absent voter who has requested a ballot for
that election as many days before the election as reasonably
possible.
(E) A copy of the absent voter's ballots shall be forwarded
by the director of the board in each county to the secretary of
state at least twenty-five days before the election.
(F) As used in this section, "chad" and "punch card ballot"
have the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.02. (A) Any qualified elector may vote by absent
voter's ballots at an election.
(B) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division
(C)(2) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may
vote cast absent voter's ballots in person before an
election, at that other location on account of personal illness,
physical disability, or infirmity, and who moves from one precinct
to another within a county, changes the elector's name and moves
from one precinct to another within a county, or moves from one
county to another county within the state, on or prior to the day
of a general, primary, or special election and has not filed a
notice of change of residence or change of name may vote by absent
voter's ballots in that election as specified in division (G) of
section 3503.16 of the Revised Code.
Sec. 3509.03. Except as provided in section 3509.031 or
division (B) of section 3509.08 of the Revised Code, any qualified
elector desiring to vote absent voter's ballots at an election
shall make written application for those ballots to the director
board of elections of the county in which the elector's voting
residence is located. The application need not be in any
particular form but shall contain all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number or state
identification card number;
(2) The last four digits of the elector's social security
number;
(3) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of 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 name and address of
the elector.
(F) A statement identifying the election for which absent
voter's ballots are requested;
(G) A statement that the person requesting the ballots is a
qualified elector;
(H) If the request is for primary election ballots, the
elector's party affiliation;
(I) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
Each application for absent voter's ballots shall be
delivered to the director board not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which the ballots are to be
voted, or not later than the close of regular business hours on
the day before the day of the election at which the ballots are to
be voted if the application is delivered in person to the office
of the board.
A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and
who will be unable to vote on election day on account of that
active duty may make written application for absent voter's
ballots to the director board of elections for the county in which
the elector's voting residence is located. The elector may
personally deliver the application to the director office of the
board or may mail it, send it by facsimile machine, or otherwise
send it to the director board. The application need not be in any
particular form but shall contain all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number or state
identification card number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of 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 name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) Application to have absent voter's ballots mailed or sent
by facsimile machine to a qualified elector who is a member of the
organized militia called to active duty within the state and who
will be unable to vote on election day on account of that active
duty may be made by the spouse of the militia member or the
father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of the militia member.
The application shall be in writing upon a blank form furnished
only by the director board of elections. The form of the
application shall be prescribed by the secretary of state. The
director board shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative in person at
the office of the board or upon the written request of such a
relative mailed to the office of the board. The application,
subscribed and sworn to by the applicant, shall contain all of the
following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified elector in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number or state
identification card number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of 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 name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature and address of the person making the
application.
(C) Applications to have absent voter's ballots mailed or
sent by facsimile machine shall not be valid if dated, postmarked,
or received by the director board prior to the ninetieth day
before the day of the election for which ballots are requested or
if delivered to the director board later than twelve noon of the
third day preceding the day of such election. If, after the
ninetieth day and before four p.m. of the day before the day of an
election, a valid application for absent voter's ballots is
delivered to the
director of elections at the office of the board
by a militia member making application in the militia member's own
behalf, the
director board shall forthwith deliver to the militia
member all absent voter's ballots then ready for use, together
with an identification envelope. The militia member shall then
vote the absent voter's ballots in the manner provided in section
3509.05 of the Revised Code.
(D) A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director board
promptly shall notify the applicant of the additional information
required to be provided by the applicant to complete that
application.
(B) Upon receipt by the director board of elections of an
application for absent voter's ballots that contains all of the
required information, as provided by sections 3509.03 and 3509.031
and division (G) of section 3503.16 of the Revised Code, the
director board, if the director board finds that the applicant is
a qualified elector, shall deliver to the applicant in person or
mail directly to the applicant by special delivery mail, air mail,
or regular mail, postage prepaid, proper absent voter's ballots.
The director board shall deliver or mail with the ballots an
unsealed identification envelope upon the face of which shall be
printed a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
My state identification card number is ............... (Ohio
identification card number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number, state
identification card number, or the last four digits of my Social
Security Number, I am enclosing a copy of one of the following in
the return envelope in which this identification envelope will be
mailed: a current and valid photo identification, a military
identification, a United States passport, 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,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director board of elections shall mail with the ballots
and the unsealed identification envelope an unsealed return
envelope upon the face of which shall be printed the official
title and post-office address of the director board. In the upper
left corner on the face of the return envelope, several blank
lines shall be printed upon which the voter may write the voter's
name and return address. The return envelope shall be of such size
that the identification envelope can be conveniently placed within
it for returning the identification envelope to the director
board.
Sec. 3509.05. (A) When an elector receives an absent voter's
ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note
whether there are any voting marks on it. If there are any voting
marks, the ballot shall be returned immediately to the board of
elections; otherwise, the elector shall cause the ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are visible, and placed and sealed
within the identification envelope received from the director
board of elections for that purpose. Then, the elector shall cause
the statement of voter on the outside of the identification
envelope to be completed and signed, under penalty of election
falsification.
If the elector does not provide the elector's driver's
license number, state identification card number, or the last four
digits of the elector's social security number on the statement of
voter on the identification envelope, the elector also shall
include in the return envelope with the identification envelope a
copy of the elector's current valid photo identification, a copy
of a military identification, a copy of a United States passport,
or a copy of 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 name and address of the elector.
The elector shall mail the identification envelope to the
director board of elections from whom which it was received in the
return envelope, postage prepaid, or the elector may personally
deliver it to the director office of the board, or the spouse of
the elector, the father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother, or sister of the whole or half
blood, or the son, daughter, adopting parent, adopted child,
stepparent, stepchild, uncle, aunt, nephew, or niece of the
elector may deliver it to the director board. The return envelope
shall be transmitted to the director board in no other manner,
except as provided in section 3509.08 of the Revised Code.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in division (B) of this section,
all other envelopes containing marked absent voter's ballots shall
be delivered to the director board not later than the close of the
polls on the day of an election. Absent voter's ballots delivered
to the
director board later than the times specified shall not be
counted, but shall be kept by the board in the sealed
identification envelopes in which they are delivered to the
director board, until the time provided by section 3505.31 of the
Revised Code for the destruction of all other ballots used at the
election for which ballots were provided, at which time they shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, any return envelope that is postmarked prior to the
day of the election shall be delivered to the director board prior
to the eleventh day after the election. Ballots delivered in
envelopes postmarked prior to the day of the election that are
received after the close of the polls on election day through the
tenth day thereafter shall be counted on the eleventh day at the
board of elections in the manner provided in divisions (C) and (D)
of section 3509.06 of the Revised Code. Any such ballots that are
received by the director board later than the tenth day following
the election shall not be counted, but shall be kept by the board
in the sealed identification envelopes as provided in division (A)
of this section.
(2) Division (B)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(C) Upon receipt of any return envelope prior to the eleventh
day after the day of any election, the board of elections shall
open it but shall not open the identification envelope contained
in it. If, upon so opening the return envelope, the board finds
ballots in it that are not enclosed in and properly sealed in the
identification envelope, the board shall not look at the markings
upon the ballots and shall promptly place them in the
identification envelope and promptly seal it. If, upon so opening
the return envelope, the board finds that ballots are enclosed in
the identification envelope but that it is not properly sealed,
the board shall not look at the markings upon the ballots and
shall promptly seal the identification envelope.
Sec. 3509.051. Notwithstanding section 3509.05 or any other
provision of the Revised Code to the contrary, all of the
following shall apply to the casting of absent voter's ballots in
person:
(A) The absent voter shall provide identification to the
election officials in the same manner as a voter who casts a
ballot in person on the day of an election is required to provide
identification under section 3505.18 of the Revised Code.
(B) The absent voter shall not be required to complete a
statement of voter on an absent voter's ballot identification
envelope.
(C) The board of elections shall provide a signature book to
be signed by absent voters who are casting their ballots in
person.
(D) If a board of elections employs more than one location
for casting absent voter's ballots in person before an election
under division (C) of section 3501.10 of the Revised Code, an
electronic pollbook that provides real time access to voting
records shall be used in each such location.
(E) No person other than a precinct election official shall
be permitted to challenge the right to vote of an absent voter who
is casting a ballot in person. A precinct election official may
challenge the right to vote of an absent voter who is casting a
ballot in person in the same manner as a precinct election
official may challenge the right to vote of an elector on the day
of an election under section 3505.20 or 3513.19 of the Revised
Code.
(F) No absent voter may receive a replacement ballot after
the voter's absent voter's ballot has been scanned or entered into
automatic tabulating equipment.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
board shall deliver to the presiding judge voting location manager
of each precinct on election day identification envelopes
purporting to contain absent voter's ballots of electors whose
voting residence appears from the statement of voter on the
outside of each of those envelopes, to be located in such
presiding judge's
that manager's precinct, and which were
received by the director board not later than the close of the
polls on election day. The
director board shall deliver to such
presiding judge the voting location manager a list containing the
name and voting residence of each person whose voting residence is
in such precinct to whom absent voter's ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges officials shall be appointed by the board for that
purpose having the same authority as is exercised by precinct
judges election officials. The votes so cast shall be added to the
vote totals by the board for the precincts in which the applicable
absent voters reside, and the absent voter's ballots shall be
preserved separately by the board, in the same manner and for the
same length of time as provided by section 3505.31 of the Revised
Code.
(D) Each of the identification envelopes purporting to
contain absent voter's ballots delivered to the presiding judge
voting location manager of the precinct or the special judge
election official appointed by the board of elections shall be
handled as follows: The election officials shall compare the
signature of the elector on the outside of the identification
envelope with the signature of that elector on the elector's
registration form and verify that the absent voter's ballot is
eligible to be counted under section 3509.07 of the Revised Code.
Any of the precinct officials may challenge the right of the
elector named on the identification envelope to vote the absent
voter's ballots upon the ground that the signature on the envelope
is not the same as the signature on the registration form, that
the identification envelope statement of voter has not been
completed, unless the ballot is a uniformed services or overseas
absent voter's ballot, or upon any other of the grounds upon which
the right of persons to vote may be lawfully challenged. If no
such challenge is made, or if such a challenge is made and not
sustained, or if a uniformed services or overseas absent voter
signed the identification envelope statement of voter, is
registered to vote, and is eligible to vote in the election, the
presiding judge voting location manager shall open the envelope
without defacing the statement of voter and without mutilating the
ballots in it, and shall remove the ballots contained in it and
proceed to count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting an
absent voter's ballot, other than such persons entitled to vote
only a presidential ballot, shall be entered in the pollbook or
poll list or signature pollbook and the person's registration card
marked to indicate that the person has voted.
The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges officials, employees or members
of the board of elections, or observers shall not disclose the
count or any portion of the count of absent voter's ballots prior
to the time of the closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the
Revised Code to witness the examination and opening of
identification envelopes and the counting of absent voters'
ballots under this section.
Sec. 3509.07. If election officials find that the statement
accompanying an absent voter's ballot or absent voter's
presidential ballot is insufficient, that the signatures do not
correspond with the person's registration signature, that the
elector has not included the elector's birth date on the
identification envelope statement of voter, that the applicant is
not a qualified elector in the precinct, that the ballot envelope
contains more than one ballot of any one kind, or any voted ballot
that the elector is not entitled to vote, that Stub A is detached
from not included in the envelope with the absent voter's ballot
or absent voter's presidential ballot, or that the elector has not
included with the elector's ballot any identification required
under section 3509.05 or 3511.09 of the Revised Code, the vote
shall not be accepted or counted. The vote of any absent voter may
be challenged for cause in the same manner as other votes are
challenged, and the election officials shall determine the
legality of that ballot. Every ballot not counted shall be
endorsed on its back "Not Counted" with the reasons the ballot was
not counted, and shall be enclosed and returned to or retained by
the board of elections along with the contested ballots.
Sec. 3509.08. (A) Any qualified elector, who, on account of
the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail or
workhouse under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will be unable to travel from the elector's
home or place of confinement to the voting booth in the elector's
precinct on the day of any general, special, or primary election
may make application in writing for an absent voter's ballot to
the director of the board of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of the elector's illness, physical disability, or
infirmity, or the fact that the elector is confined in a jail or
workhouse and the elector's resultant inability to travel to the
election booth in the elector's precinct on election day. The
application shall not be valid if it is delivered to the director
board before the ninetieth day or after twelve noon of the third
day before the day of the election at which the ballot is to be
voted.
The absent voter's ballot may be mailed directly to the
applicant at the applicant's voting residence or place of
confinement as stated in the applicant's application, or the board
may designate two board employees belonging to the two major
political parties for the purpose of delivering the ballot to the
disabled or confined elector and returning it to the board, unless
the applicant is confined to a public or private institution
within the county, in which case the board shall designate two
board employees belonging to the two major political parties for
the purpose of delivering the ballot to the disabled or confined
elector and returning it to the board. In all other instances, the
ballot shall be returned to the office of the board in the manner
prescribed in section 3509.05 of the Revised Code.
Any disabled or confined elector who declares to the two
board employees belonging to the two major political parties that
the elector is unable to mark the elector's ballot by reason of
physical infirmity that is apparent to the employees to be
sufficient to incapacitate the voter from marking the elector's
ballot properly, may receive, upon request, the assistance of the
employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or confined elector, each
of the employees shall be present when the ballot is delivered,
when assistance is given, and when the ballot is returned to the
office of the board, and shall subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under this division.
This chapter applies to disabled and confined absent voter's
ballots except as otherwise provided in this section.
(B)(1) Any qualified elector who is unable to travel to the
voting booth in the elector's precinct on the day of any general,
special, or primary election may apply to the director of the
board of elections of the county where the elector is a qualified
elector to vote in the election by absent voter's ballot if either
of the following apply:
(a) The elector is confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be delivered to the director board not later than three
p.m. on the day of the election. The application shall indicate
the hospital where the applicant or the applicant's child is
confined, the date of the applicant's or the applicant's child's
admission to the hospital, and the offices for which the applicant
is qualified to vote. The applicant may also request that a member
of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant.
The director board, after establishing to the
director's board's
satisfaction the validity of the circumstances claimed by the
applicant, shall supply an absent voter's ballot to be delivered
to the applicant. When the applicant or the applicant's child is
in a hospital in the county where the applicant is a qualified
elector and no request is made for a member of the family to
deliver the ballot, the director board shall arrange for the
delivery of an absent voter's ballot to the applicant, and for its
return to the office of the board, by two board employees
belonging to the two major political parties according to the
procedures prescribed in division (A) of this section. When the
applicant or the applicant's child is in a hospital outside the
county where the applicant is a qualified elector and no request
is made for a member of the family to deliver the ballot, the
director board shall arrange for the delivery of an absent voter's
ballot to the applicant by mail, and the ballot shall be returned
to the office of the board in the manner prescribed in section
3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote under
division (B) or (C) of section 3503.16 of the Revised Code but is
unable to do so because of the circumstances described in division
(B)(2) of this section may vote in accordance with division (B)(1)
of this section if that qualified elector states in the
application for absent voter's ballots that that qualified elector
moved or had a change of name under the circumstances described in
division (B) or (C) of section 3503.16 of the Revised Code and if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C) Any qualified elector described in division (A) or (B)(1)
of this section who needs no assistance to vote or to return
absent voter's ballots to the board of elections may apply for
absent voter's ballots under section 3509.03 of the Revised Code
instead of applying for them under this section.
(D) Any qualified elector described in division (A) or (B)(1)
of this section to whom ballots are delivered by two employees of
the board of elections or who votes with the assistance of two
employees of the board of elections shall be considered to have
cast absent voter's ballots by mail, rather than in person, for
the purpose of the laws governing voter identification. Such an
elector may provide any of the types of identification acceptable
for mail-in absent voter's ballots to the election officials at
the time the ballots are delivered to the elector or at the time
the election officials assist the elector in marking the ballot,
as the case may be.
Sec. 3509.09. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an absent voter's ballot for that
election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an absent voter's ballot
for that election but the director board of elections has not
received a sealed identification envelope purporting to contain
that elector's voted absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an absent voter's ballot for that
election and the director board has received a sealed
identification envelope purporting to contain that elector's voted
absent voter's ballots for that election, the elector shall be
permitted to cast a provisional ballot under section 3505.181 of
the Revised Code in that precinct on the day of that election.
(C)(1) In counting absent voter's ballots under section
3509.06 of the Revised Code, the board of elections shall compare
the signature of each elector from whom the director board has
received a sealed identification envelope purporting to contain
that elector's voted absent voter's ballots for that election to
the signature on that elector's registration form. Except as
otherwise provided in division (C)(3) of this section, if the
board of elections determines that the absent voter's ballot in
the sealed identification envelope is valid, it shall be counted.
If the board of elections determines that the signature on the
sealed identification envelope purporting to contain the elector's
voted absent voter's ballot does not match the signature on the
elector's registration form, the ballot shall be set aside and the
board shall examine, during the time prior to the beginning of the
official canvass, the poll list or signature pollbook from the
precinct in which the elector is registered to vote to determine
if the elector also cast a provisional ballot under section
3505.181 of the Revised Code in that precinct on the day of the
election.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's ballot, if both of the
following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
absent voter's ballot by the applicable deadline established under
section 3509.05 of the Revised Code, the provisional ballot cast
under section 3505.181 of the Revised Code in that precinct on the
day of the election shall be counted as valid, if that provisional
ballot is otherwise determined to be valid pursuant to section
3505.183 of the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the contrary, whenever any person applies for registration
as a voter on a form adopted in accordance with federal
regulations relating to the "Uniformed and Overseas Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),
this application shall be sufficient for voter registration and as
a request for an absent voter's ballot. Uniformed services or
overseas absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code by
applying electronically to the secretary of state or to the board
of elections of the county in which the person's voting residence
is located in accordance with section 3511.021 of the Revised Code
or by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(A) That person may make written application for those
ballots. The person may personally deliver the application to the
director board or may mail it, send it by facsimile machine, or
otherwise send it to the director board. The application need not
be in any particular form but shall contain all of the following
information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number or state
identification card number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of 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 name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for uniformed services or overseas absent voter's ballots
for use at the primary and general elections in a given year and
any special election to be held on the day in that year specified
by division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, designated by the general assembly
for the purpose of submitting constitutional amendments proposed
by the general assembly to the voters of the state. A single
federal postcard application shall be processed by the board of
elections pursuant to section 3511.04 of the Revised Code the same
as if the voter had applied separately for uniformed services or
overseas absent voter's ballots for each election.
(C) Application to have uniformed services or overseas absent
voter's ballots mailed or sent by facsimile machine to such a
person may be made by the spouse, father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother or sister of the
whole blood or half blood, son, daughter, adopting parent, adopted
child, stepparent, stepchild, uncle, aunt, nephew, or niece of
such a person. The application shall be in writing upon a blank
form furnished only by the director board of elections or on a
single federal post card as provided in division (B) of this
section. The form of the application shall be prescribed by the
secretary of state. The
director board shall furnish that blank
form to any of the relatives specified in this division desiring
to make the application, only upon the request of such a relative
made in person at the office of the board or upon the written
request of such a relative mailed to the office of the board. The
application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, as the case may be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number or state
identification card number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of 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 name and address of
the elector.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature and address of the person making the
application.
Each application for uniformed services or overseas absent
voter's ballots shall be delivered to the director board not
earlier than the first day of January of the year of the elections
for which the uniformed services or overseas absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day preceding the day of the election, or not later than the close
of regular business hours on the day before the day of the
election at which those ballots are to be voted if the application
is delivered in person to the office of the board.
(D) If the voter for whom the application is made is entitled
to vote for presidential and vice-presidential electors only, the
applicant shall submit to the director board in addition to the
requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for uniformed services or overseas absent
voter's ballots that does not contain all of the required
information, the director board promptly shall notify the
applicant of the additional information required to be provided by
the applicant to complete that application.
(B) Not later than the forty-fifth day before the day of each
general or primary election, and at the earliest possible time
before the day of a special election held on a day other than the
day on which a general or primary election is held, the director
of the board of elections shall mail, send by facsimile machine,
or otherwise send uniformed services or overseas absent voter's
ballots then ready for use as provided for in section 3511.03 of
the Revised Code and for which the director board has received
valid applications prior to that time. Thereafter, and until
twelve noon of the third day preceding the day of election, the
director board shall promptly, upon receipt of valid applications
for them, mail, send by facsimile machine, or otherwise send to
the proper persons all uniformed services or overseas absent
voter's ballots then ready for use.
If, after the seventieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail or send by facsimile machine
each such separate ballot to each person to whom the director
board has previously mailed or sent by facsimile machine other
uniformed services or overseas absent voter's ballots.
In mailing uniformed services or overseas absent voter's
ballots, the director board shall use the fastest mail service
available, but the director board shall not mail them by certified
mail.
Sec. 3511.05. (A) The director of the board of elections
shall place uniformed services or overseas absent voter's ballots
sent by mail in an unsealed identification envelope, gummed ready
for sealing. The director board shall include with uniformed
services or overseas absent voter's ballots sent electronically,
including by facsimile machine, an instruction sheet for preparing
a gummed envelope in which the ballots shall be returned. The
envelope for returning ballots sent by either means shall have
printed or written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
My state identification card number is ............... (Ohio
identification card number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number, state
identification card number, or the last four digits of my Social
Security Number, I am enclosing a copy of one of the following in
the return envelope in which this identification envelope will be
mailed: a current and valid photo identification, a military
identification, a United States passport, 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,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The director board shall also mail with the ballots and
the unsealed identification envelope sent by mail an unsealed
return envelope, gummed, ready for sealing, for use by the voter
in returning the voter's marked ballots to the director board. The
director board shall send with the ballots and the instruction
sheet for preparing a gummed envelope sent electronically,
including by facsimile machine, an instruction sheet for preparing
a second gummed envelope as described in this division, for use by
the voter in returning that voter's marked ballots to the director
board. The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of the
envelope for the use by the voter in placing the voter's complete
military, naval, or mailing address on these lines, and beneath
these lines there shall be printed a box beside the words "check
if out-of-country." The voter shall check this box if the voter
will be outside the United States on the day of the election. The
official title and the post-office address of the director board
to whom which the envelope shall be returned shall be printed on
the face of such envelope in the lower right portion below the
bottom parallel line.
(C) On the back of each identification envelope and each
return envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner least
injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board
of elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the
envelope when received, and required forced opening before sealing
and mailing.
(D) Division (C) of this section does not apply when absent
voter's ballots are sent electronically, including by facsimile
machine.
Sec. 3511.06. The return envelope provided for in section
3511.05 of the Revised Code shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the director board of
elections. The envelope in which the two envelopes and the
uniformed services or overseas absent voter's ballots are mailed
to the elector shall have two parallel lines, each one quarter of
an inch in width, printed across its face, paralleling the top,
with an intervening space of one-quarter of an inch between such
lines. The top line shall be one and one-quarter inches from the
top of the envelope. Between the parallel lines shall be printed:
"official uniformed services or overseas absent voter's balloting
material--via air mail." The appropriate return address of the
director of the board of elections shall be printed in the upper
left corner on the face of such envelope. Several blank lines
shall be printed on the face of such envelope in the lower right
portion, below the bottom parallel line, for writing in the name
and address of the elector to whom such envelope is mailed.
Sec. 3511.07. When mailing unsealed identification envelopes
and unsealed return envelopes to persons, the director of the
board of elections shall insert a sheet of waxed paper or other
appropriate insert between the gummed flap and the back of each of
such envelopes to minimize the possibility that the flap may
become firmly stuck to the back of the envelope by reason of
moisture, humid atmosphere, or other conditions to which they may
be subjected. If the flap on either of such envelopes should be so
firmly stuck to the back of the envelope when it is received by
the voter as to require forcible opening of the envelope in order
to use it, the voter shall open such envelope in the manner least
injurious to it, and, after marking his the voter's ballots and
enclosing them in the envelope for mailing to the director board,
he the voter shall reclose such envelope in the most practicable
way, by sealing it or otherwise, and shall sign the blank form
printed on the back of such envelope.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom the
director board mails or delivers uniformed services or overseas
absent voter's ballots, the kinds of ballots so mailed or
delivered, and the name and address of the person who made the
application for such ballots. After the director board has mailed
or delivered such ballots, the director board shall not mail or
deliver additional ballots of the same kind to such person
pursuant to a subsequent request unless such subsequent request
contains the statement that an earlier request had been sent to
the director board prior to the thirtieth day before the election
and that the uniformed services or overseas absent voter's ballots
so requested had not been received by such person prior to the
fifteenth day before the election, and provided that the director
board has not received an identification envelope purporting to
contain marked uniformed services or overseas absent voter's
ballots from such person.
Sec. 3511.09. Upon receiving uniformed services or overseas
absent voter's ballots, the elector shall cause the questions on
the face of the identification envelope to be answered, and, by
writing the elector's usual signature in the proper place on the
identification envelope, the elector shall declare under penalty
of election falsification that the answers to those questions are
true and correct to the best of the elector's knowledge and
belief. Then, the elector shall note whether there are any voting
marks on the ballot. If there are any voting marks, the ballot
shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded
separately so as to conceal the markings on it, deposited in the
identification envelope, and securely sealed in the identification
envelope. The elector then shall cause the identification envelope
to be placed within the return envelope, sealed in the return
envelope, and mailed to the director of the board of elections to
whom it is addressed, postage prepaid. If the elector does not
provide the elector's driver's license number, state
identification card number, or the last four digits of the
elector's social security number on the statement of voter on the
identification envelope, the elector also shall include in the
return envelope with the identification envelope a copy of the
elector's current valid photo identification, a copy of a military
identification, a copy of a United States passport, or a copy of 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 name and address of the elector. Each elector who will be
outside the United States on the day of the election shall check
the box on the return envelope indicating this fact and shall mail
the return envelope to the
director board prior to the close of
the polls on election day.
Every uniformed services or overseas absent voter's ballot
identification envelope shall be accompanied by the following
statement in boldface capital letters: WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3511.10. If, after the thirty-fifth day and during the
time that absent voter's ballots may be cast in person before the
close of the polls on the day of a general or primary an election,
a valid application for uniformed services or overseas absent
voter's ballots is delivered to the director of the office of the
board of elections at the office of the board by a person making
the application on the person's own behalf, the director board
shall forthwith deliver to the person all uniformed services or
overseas absent voter's ballots then ready for use, together with
an identification envelope. The person shall then immediately
retire to a voting booth in the office of the board, and mark the
ballots. The person shall then fold each ballot separately so as
to conceal the person's markings thereon, and deposit all of the
ballots in the identification envelope and securely seal it.
Thereupon the person shall fill in answers to the questions on the
face of the identification envelope, and by writing the person's
usual signature in the proper place thereon, the person shall
declare under penalty of election falsification that the answers
to those questions are true and correct to the best of that
person's knowledge and belief. The person shall then deliver the
identification envelope to the director board. If thereafter, and
before the third day preceding such election, the board provides
additional separate official issue or special election ballots, as
provided for in section 3511.04 of the Revised Code, the director
board shall promptly, and not later than twelve noon of the third
day preceding the day of election, mail such additional ballots to
such person at the address specified by that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and that person or that person's spouse, or both,
meets all the other qualifications set forth in section 3511.01 of
the Revised Code, the person or spouse shall be permitted to vote
prior to the date of the election in the office of the board in
the person's or spouse's county, as set forth in this section.
Sec. 3511.11. (A) Upon receipt of any return envelope
bearing the designation "Official Election Uniformed Services or
Overseas Absent Voter's Ballot" prior to the eleventh day after
the day of any election, the director of the board of elections
shall open it but shall not open the identification envelope
contained in it. If, upon so opening the return envelope, the
director board finds ballots in it that are not enclosed in and
properly sealed in the identification envelope, the director board
shall not look at the markings upon the ballots and shall promptly
place them in the identification envelope and promptly seal it.
If, upon so opening the return envelope, the director board finds
that ballots are enclosed in the identification envelope but that
it is not properly sealed, the director board shall not look at
the markings upon the ballots and shall promptly seal the
identification envelope.
(B) Uniformed services or overseas absent voter's ballots
delivered to the director board not later than the close of the
polls on election day shall be counted in the manner provided in
section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for a uniformed services or
overseas absent voter's ballot contained in it to be valid. Except
as otherwise provided in this division, whether or not the return
envelope containing the ballot is postmarked or contains an
illegible postmark, a uniformed services or overseas absent
voter's ballot that is received after the close of the polls on
election day through the tenth day after the election day and that
is delivered in a return envelope that indicates that the voter
will be outside the United States on the day of the election shall
be counted on the eleventh day after the election day at the
office of the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code.
However, if a return envelope containing a uniformed services or
overseas absent voter's ballot is so received and so indicates,
but it is postmarked, or the identification envelope in it is
signed, after the close of the polls on election day, the
uniformed services or overseas absent voter's ballot shall not be
counted.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, any return envelope containing a uniformed services
or overseas absent voter's ballot that is postmarked within the
United States prior to the day of the election shall be delivered
to the director board prior to the eleventh day after the
election. Uniformed services or overseas absent voter's ballots
delivered in envelopes postmarked prior to the day of the election
that are received after the close of the polls on election day
through the tenth day thereafter shall be counted on the eleventh
day at the board of elections in the manner provided in divisions
(C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are received by the director board later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(2) Division (D)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of uniformed services or overseas
absent voter's ballots shall not be counted:
(1) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear the designation "Official
Election Uniformed Services or Overseas Absent Voter's Ballots,"
that are received by the director board after the close of the
polls on the day of the election, and that either are postmarked,
or contain an identification envelope that is signed, on or after
election day;
(2) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear that designation, that do
not indicate they are from voters who will be outside the United
States on the day of the election, and that are received after the
tenth day following the election;
(3) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear that designation, that are
received by the director board within ten days after the day of
the election, and that were postmarked before the day of the
election using a postage evidencing system, including a postage
meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their
identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
Sec. 3511.13. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested a uniformed services or overseas absent
voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested a uniformed services or
overseas absent voter's ballot for that election but the director
board of elections has not received a sealed identification
envelope purporting to contain that elector's voted uniformed
services or overseas absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested a uniformed services or overseas
absent voter's ballot for that election and the director board has
received a sealed identification envelope purporting to contain
that elector's voted uniformed services or overseas absent voter's
ballots for that election, the elector shall be permitted to cast
a provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of that election.
(C)(1) In counting uniformed services or overseas absent
voter's ballots under section 3511.11 of the Revised Code, the
board of elections shall compare the signature of each elector
from whom the director board has received a sealed identification
envelope purporting to contain that elector's voted uniformed
services or overseas absent voter's ballots for that election to
the signature on the elector's registration form. Except as
otherwise provided in division (C)(3) of this section, if the
board of elections determines that the uniformed services or
overseas absent voter's ballot in the sealed identification
envelope is valid, it shall be counted. If the board of elections
determines that the signature on the sealed identification
envelope purporting to contain the elector's voted uniformed
services or overseas absent voter's ballot does not match the
signature on the elector's registration form, the ballot shall be
set aside and the board shall examine, during the time prior to
the beginning of the official canvass, the poll list or signature
pollbook from the precinct in which the elector is registered to
vote to determine if the elector also cast a provisional ballot
under section 3505.181 of the Revised Code in that precinct on the
day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the uniformed services or overseas absent
voter's ballot, of an elector from whom the director board has
received an identification envelope purporting to contain that
elector's voted uniformed services or overseas absent voter's
ballots, if both of the following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the uniformed services or overseas absent voter's ballots are
enclosed does not match the signature of the elector on the
elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
uniformed services or overseas absent voter's ballot by the
applicable deadline established under section 3511.11 of the
Revised Code, the provisional ballot cast under section 3505.181
of the Revised Code in that precinct on the day of the election
shall be counted as valid, if that provisional ballot is otherwise
determined to be valid pursuant to section 3505.183 of the Revised
Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.14. A board of elections shall accept and process
federal write-in ballots for all federal, state, and local
elections conducted in any year as required under "The Uniformed
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.
Sec. 3513.02. If, in any odd-numbered year, no valid
declaration of candidacy is filed candidate is certified to appear
on the ballot for nomination as a candidate of a political party
for election to any of the offices to be voted for at the general
election to be held in such year, or if the number of persons
filing such declarations of candidacy certified as candidates to
appear on the ballot for
nominations nomination as candidates of
one political party for election to such offices does not exceed,
as to any such office, the number of candidates which such
political party is entitled to nominate as its candidates for
election to such office, then no primary election shall be held
for the purpose of nominating party candidates of such party for
election to offices to be voted for at such general election and
no primary ballots shall be provided for such party. If, however,
the only office for which there are more valid declarations of
candidacy filed candidates certified to appear on the ballot than
the number to be nominated by a political party, is the office of
councilperson in a ward, a primary election shall be held for such
party only in the ward or wards in which there is a contest, and
only the names of the candidates for the office of councilperson
in such ward shall appear on the primary ballot of such political
party.
The election officials whose duty it would have been to
provide for and conduct the holding of such primary election,
declare the results thereof, and issue certificates of nomination
to the persons entitled thereto if such primary election had been
held shall declare each of such persons to be nominated as of the
date of the ninetieth day before the primary election, issue
appropriate certificates of nomination to each of them, and
certify their names to the proper election officials, in order
that their names may be printed on the official ballots provided
for use in the succeeding general election in the same manner as
though such primary election had been held and such persons had
been nominated at such election.
Sec. 3513.05. (A) Each person desiring to become a candidate
for a party nomination or for election to an office or position to
be voted for at a primary election, except persons desiring to
become joint candidates for the offices of governor and lieutenant
governor and except as otherwise provided in section 3513.051 of
the Revised Code, shall, not later than four p.m. of the ninetieth
day before the day of the primary election, file a declaration of
candidacy and petition and pay the fees required under divisions
(A) and (B) of section 3513.10 of the Revised Code. The
declaration of candidacy and all separate petition papers shall be
filed at the same time as one instrument. When the offices are to
be voted for at a primary election, persons desiring to become
joint candidates for the offices of governor and lieutenant
governor shall, not later than four p.m. of the ninetieth day
before the day of the primary election, comply with section
3513.04 of the Revised Code. The prospective joint candidates'
declaration of candidacy and all separate petition papers of
candidacies shall be filed at the same time as one instrument. The
secretary of state or a board of elections shall not accept for
filing a declaration of candidacy and petition of a person seeking
to become a candidate if that person, for the same election, has
already filed a declaration of candidacy or a declaration of
intent to be a write-in candidate, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, state, or county office, if the declaration of
candidacy is for a state or county office, or for any municipal or
township office, if the declaration of candidacy is for a
municipal or township office.
(B)(1) If the declaration of candidacy declares a candidacy
which is to be submitted to electors throughout the entire state,
the petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by at
least one thousand qualified electors who are members of the same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall not
accept or file any such petition appearing on its face to contain
signatures of more than three thousand electors.
(2) Except as otherwise provided in this paragraph division,
if the declaration of candidacy is of one that is to be submitted
only to electors within a district, political subdivision, or
portion thereof, the petition shall be signed by not less than
fifty qualified electors who are members of the same political
party as the political party of which the candidate is a member.
If the declaration of candidacy is for party nomination as a
candidate for member of the legislative authority of a municipal
corporation elected by ward, the petition shall be signed by not
less than twenty-five qualified electors who are members of the
political party of which the candidate is a member.
(3) No such petition, except the petition for a candidacy
that is to be submitted to electors throughout the entire state,
shall be accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
(4) If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an intermediate
or minor party, the minimum number of signatures on such petition
is one-half the minimum number provided in this section, except
that, when the candidacy is one for election as a member of the
state central committee or the county central committee of a
political party, the minimum number shall be the same for an
intermediate or minor party as for a major party.
(5) If a declaration of candidacy is one for election as a
member of the state central committee or the county central
committee of a political party, the petition shall be signed by
five qualified electors of the district, county, ward, township,
or precinct within which electors may vote for such candidate. The
electors signing such petition shall be members of the same
political party as the political party of which the candidate is a
member.
(C) For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted in that party's primary election within the preceding two
calendar years, or if the elector did not vote in any other
party's primary election within the preceding two calendar years.
This division does not prohibit a person who holds an elective
office for which candidates are nominated at a party primary
election from doing any of the following:
(1) If the person voted as a member of a different political
party at any primary election within the current year and the
immediately preceding two calendar years, being a candidate for
nomination at a party primary held during the times specified in
division (C)(2) of section 3513.191 of the Revised Code provided
that the person complies with the requirements of that section;
(2) Circulating the person's own petition of candidacy for
party nomination in the primary election.
(D) If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the petition
shall be filed with the board of elections of the county. If the
declaration of candidacy is of one that is to be submitted only to
electors of a district or subdivision or part thereof that is
situated in more than one county, the petition shall be filed with
the board of elections of the county within which the major
portion of the population thereof, as ascertained by the next
preceding federal census, is located.
(E) A petition shall consist of separate petition papers,
each of which shall contain signatures of electors of only one
county. Petitions or separate petition papers containing
signatures of electors of more than one county shall not thereby
be declared invalid. In case petitions or separate petition papers
containing signatures of electors of more than one county are
filed, the board shall determine the county from which the
majority of signatures came, and only signatures from such county
shall be counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each separate petition paper shall be governed by
the rules set forth in section 3501.38 of the Revised Code.
(F) The secretary of state shall promptly transmit to each
board such separate petition papers of each petition accompanying
a declaration of candidacy filed with the secretary of state as
purport to contain signatures of electors of the county of such
board. The board of the most populous county of a district shall
promptly transmit to each board within such district such separate
petition papers of each petition accompanying a declaration of
candidacy filed with it as purport to contain signatures of
electors of the county of each such board. The board of a county
within which the major portion of the population of a subdivision,
situated in more than one county, is located, shall promptly
transmit to the board of each other county within which a portion
of such subdivision is located such separate petition papers of
each petition accompanying a declaration of candidacy filed with
it as purport to contain signatures of electors of the portion of
such subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the eightieth day before the day of
the next primary election. Each board shall, not later than the
seventy-eighth day before the day of that primary election,
examine and determine the validity or invalidity of the signatures
on the petition papers so transmitted to or filed with it and
shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
(G) Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector objects to, or by the controlling committee of that
political party. The protest shall be in writing, and shall be
filed not later than four p.m. of the seventy-fourth day before
the day of the primary election. The protest shall be filed with
the election officials with whom the declaration of candidacy and
petition was filed. Upon the filing of the protest, the election
officials with whom it is filed shall promptly fix the time for
hearing it, and shall forthwith mail notice of the filing of the
protest and the time fixed for hearing to the person whose
candidacy is so protested. They shall also forthwith mail notice
of the time fixed for such hearing to the person who filed the
protest. At the time fixed, such election officials shall hear the
protest and determine the validity or invalidity of the
declaration of candidacy and petition. If they find that such
candidate is not an elector of the state, district, county, or
political subdivision in which the candidate seeks a party
nomination or election to an office or position, or has not fully
complied with this chapter, the candidate's declaration of
candidacy and petition shall be determined to be invalid and shall
be rejected; otherwise, it shall be determined to be valid. That
determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the offices
of governor and lieutenant governor shall be filed, heard, and
determined in the same manner as a protest against the candidacy
of any person filing a declaration of candidacy singly.
(H)(1) The secretary of state shall, on the seventieth day
before the day of a primary election, certify to each board in the
state the forms of the official ballots to be used at the primary
election, together with the names of the candidates to be printed
on the ballots whose nomination or election is to be determined by
electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
(2) The board of the most populous county in a district
comprised of more than one county but less than all of the
counties of the state shall, on the seventieth day before the day
of a primary election, certify to the board of each county in the
district the names of the candidates to be printed on the official
ballots to be used at the primary election, whose nomination or
election is to be determined only by electors within the district
and who filed valid declarations of candidacy and petitions.
(3) The board of a county within which the major portion of
the population of a subdivision smaller than the county and
situated in more than one county is located shall, on the
seventieth day before the day of a primary election, certify to
the board of each county in which a portion of that subdivision is
located the names of the candidates to be printed on the official
ballots to be used at the primary election, whose nomination or
election is to be determined only by electors within that
subdivision and who filed valid declarations of candidacy and
petitions.
Sec. 3513.12. At a presidential primary election, which
shall be held on the first Tuesday after the first Monday in March
in the year 2000, and similarly in every fourth year thereafter,
delegates and alternates to the national conventions of the
different major political parties shall be chosen by direct vote
of the electors as provided in this chapter. Candidates for
delegate and alternate shall be qualified and the election shall
be conducted in the manner prescribed in this chapter for the
nomination of candidates for state and district offices, except as
provided in section 3513.151 of the Revised Code and except that
whenever any group of candidates for delegate at large or
alternate at large, or any group of candidates for delegates or
alternates from districts, file with the secretary of state
statements as provided by this section, designating the same
persons as their first and second choices for president of the
United States, such a group of candidates may submit a group
petition containing a declaration of candidacy for each of such
candidates. The group petition need be signed only by the number
of electors required for the petition of a single candidate. No
group petition shall be submitted except by a group of candidates
equal in number to the whole number of delegates at large or
alternates at large to be elected or equal in number to the whole
number of delegates or alternates from a district to be elected.
Each person seeking to be elected as delegate or alternate to
the national convention of the person's political party shall file
with the person's declaration of candidacy and certificate a
statement in writing signed by the person in which the person
shall state the person's first and second choices for nomination
as the candidate of the person's party for the presidency of the
United States. The secretary of state shall not permit any
declaration of candidacy and certificate of a candidate for
election as such delegate or alternate to be filed unless
accompanied by such statement in writing. The name of a candidate
for the presidency shall not be so used without the candidate's
written consent.
A person who is a first choice for president of candidates
seeking election as delegates and alternates shall file with the
secretary of state, prior to the day of the election, a list
indicating the order in which certificates of election are to be
issued to delegate or alternate candidates to whose candidacy the
person has consented, if fewer than all of such candidates are
entitled under party rules to be certified as elected. Each
candidate for election as such delegate or alternate may also file
along with the candidate's declaration of candidacy and
certificate a statement in writing signed by the candidate in the
following form:
"Statement of Candidate
For Election as ............ (Delegate) (Alternate) to the
............ (name of political party) National Convention
I hereby declare to the voters of my political party in the
State of Ohio that, if elected as ............ (delegate)
(alternate) to their national party convention, I shall, to the
best of my judgment and ability, support that candidate for
President of the United States who shall have been selected at
this primary by the voters of my party in the manner provided in
Chapter 3513. of the Ohio Revised Code, as their candidate for
such office.
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........................... (name,), |
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Candidate for ............. |
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(Delegate) (Alternate)" |
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The procedures for the selection of candidates for delegate
and alternate to the national convention of a political party set
forth in this section and in section 3513.121 of the Revised Code
are alternative procedures, and if the procedures of this section
are followed, the procedures of section 3513.121 of the Revised
Code need not be followed.
Sec. 3513.131. In the event two or more persons with
identical surnames run for the same office in a primary election
on the same ballot, the names of the candidates shall be
differentiated on the ballot by varying combinations of first and
middle names and initials. Within twenty-four hours after the
final date for filing declarations of candidacy or petitions for
candidacy, the director of the board of elections for local,
municipal, county, general, or special elections, or the director
of the board of elections of the most populous county for
district, general, or special elections, or the secretary of state
for state-wide general and special elections shall notify the
persons with identical given names and surnames that the names of
such persons will be differentiated on the ballot. If one of the
candidates is an incumbent who is a candidate to succeed himself
self for the office he the incumbent occupies, he the incumbent
shall have first choice of the name by which he the incumbent is
designated on the ballot. If an incumbent does not make a choice
within two days after notification or if none of the candidates is
an incumbent, the board of elections within three days after
notification shall designate the names by which the candidates are
identified on the ballot. In case of a district candidate the
board of elections in the most populous county shall make the
determination. In case of state-wide candidates, or in the case
any board of elections fails to make a designation within three
days after notification, the secretary of state shall immediately
make the determination.
"Notification" as required by this section shall be by the
director of the board of elections or secretary of state by
special delivery or telegram certified mail at the candidate's
address listed in
his the candidate's declaration or petition of
candidacy.
Sec. 3513.18. Party primaries shall be held at the same
place and time, but there shall be separate pollbooks, and tally
sheets, and ballot boxes provided at each polling place for each
party participating in the election, and the ballot of each voter
shall be placed in the ballot box of the party with which he is
affiliated. Each ballot box shall be plainly marked with the name
of the political party whose ballots are to be placed therein, by
letters pasted or printed thereon or by a card attached thereto,
or both, and so placed that the designation may be easily seen and
read by the voter.
If a special election on a question or issue is held on the
day of a primary election, there shall be provided in the
pollbooks pages on which shall be recorded the names of all
electors voting on said question or issue and not voting in such
primary. It shall not be necessary for electors desiring to vote
only on the question or issue to declare their political
affiliation.
Sec. 3513.19. (A) It is the duty of any judge of elections
precinct election official, whenever any judge of elections such
official doubts that a person attempting to vote at a primary
election is legally entitled to vote at that election, to
challenge the right of that person to vote. The right of a person
to vote at a primary election may be challenged upon the following
grounds:
(1) That the person whose right to vote is challenged is not
a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not affiliated with or is not a member
of the political party whose ballot the person desires to vote.
Such party affiliation shall be determined by examining the
elector's voting record for the current year and the immediately
preceding two calendar years as shown on the voter's registration
card, using the standards of affiliation specified in the seventh
paragraph of section 3513.05 of the Revised Code. Division (A)(3)
of this section and the seventh paragraph of section 3513.05 of
the Revised Code do not prohibit a person who holds an elective
office for which candidates are nominated at a party primary
election from doing any of the following:
(a) If the person voted as a member of a different political
party at any primary election within the current year and the
immediately preceding two calendar years, being a candidate for
nomination at a party primary held during the times specified in
division (C)(2) of section 3513.191 of the Revised Code provided
that the person complies with the requirements of that section;
(b) Circulating the person's own petition of candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon the
ground set forth in division (A)(3) of this section, membership in
or political affiliation with a political party shall be
determined by the person's statement, made under penalty of
election falsification, that the person desires to be affiliated
with and supports the principles of the political party whose
primary ballot the person desires to vote.
Sec. 3513.21. At the close of the polls in a primary
election, the judges of precinct election officials shall proceed
without delay to canvass the vote, sign and seal it, and make
returns thereof to the board of elections forthwith on the forms
to be provided by the board. The provisions of Title XXXV of the
Revised Code relating to the accounting for and return of all
ballots at general elections apply to primary ballots.
If there is any disagreement as to how a ballot should be
counted it shall be submitted to all of the judges precinct
election officials. If three of the judges precinct election
officials do not agree as to how any part of the ballot shall be
counted, that part of such ballot which three of the judges
officials do agree shall be counted and a notation made upon the
ballot indicating what part has not been counted, and shall be
placed in an envelope provided for that purpose, marked "Disputed
Ballots" and returned to the board.
The board shall, on the day when the vote is canvassed, open
such sealed envelopes, determine what ballots and for whom they
should be counted, and proceed to count and tally the votes on
such ballots.
Sec. 3513.262. The nominating petitions of all candidates
required to be filed before four p.m. of the day before the day of
the primary election immediately preceding the general election
shall be processed as follows:
If such petition is filed with the secretary of state, he the
secretary of state shall, not later than the fifteenth day of June
following the filing of such petition, or if the primary election
was a presidential primary election, not later than the end of the
sixth week after the day of that election, transmit to each board
such separate petition papers as purport to contain signatures of
electors of the county of such board. If such petition is filed
with the board of the most populous county of a district or of a
county in which the major portion of the population of a
subdivision is located, such board shall, not later than the
fifteenth day of June, or if the primary election was a
presidential primary election, not later than the end of the sixth
week after the day of that election, transmit to each board within
such district such separate petition papers of the petition as
purport to contain signatures of electors of the county of such
board.
All petition papers so transmitted to a board and all
nominating petitions filed with a board shall, under proper
regulations, be open to public inspection from the fifteenth day
of June until four p.m. of the thirtieth day of that month, or if
the primary election was a presidential primary election, from the
end of the sixth week after the election until four p.m. of the
end of the seventh week after the election. Each board shall, not
later than the next fifteenth day of July, or if the primary
election was a presidential primary election, not later than the
end of the tenth week after the day of that election, examine and
determine the sufficiency of the signatures on the petition papers
transmitted to or filed with it, and the validity of the petitions
filed with it, and shall return to the secretary of state all
petition papers transmitted to it by him the secretary of state,
together with its certification of its determination as to the
validity or invalidity of signatures thereon, and shall return to
each other board all petition papers transmitted to it by such
other board, as provided in this section, together with its
certification of its determination as to the validity or
invalidity of signatures thereon. All other matters affecting the
validity or invalidity of such petition papers shall be determined
by the secretary of state or the board with whom such petition
papers were filed.
Written protests against nominating petitions may be filed by
any qualified elector eligible to vote for the candidate whose
nominating petition he the elector objects to, not later than four
p.m. of the thirtieth day of July, or if the primary election was
a presidential primary election, not later than the end of the
twelfth week after the day of that election. Such protests shall
be filed with the election officials with whom the nominating
petition was filed. Upon the filing of such protest, the election
officials with whom it is filed shall promptly fix the time and
place for hearing it, and shall forthwith mail notice of the
filing of such protest and the time and place for hearing it to
the person whose nomination is protested. They shall also
forthwith mail notice of the time and place fixed for the hearing
to the person who filed the protest. At the time fixed, such
election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall
be final.
A protest against the nominating petition filed by joint
candidates for the offices of governor and lieutenant governor
shall be filed, heard, and determined in the same manner as a
protest against the nominating petition of a candidate who files
by himself individually.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth day
before the primary election, both of the following may occur:
(a) The political party whose candidate died may fill the
vacancy so created as provided in division (A)(2) of this section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election, that person has withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a
selection may be made under division (A)(1)(b) of this section by
the appropriate committee of the political party in the same
manner as provided in divisions (A) to (E) of section 3513.31 of
the Revised Code for the filling of similar vacancies created by
withdrawals or disqualifications under section 3513.052 of the
Revised Code after the primary election, except that the
certification required under that section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located, later
than four p.m. of the tenth day before the day of such primary
election, or with any other board later than four p.m. of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed for
nomination as a candidate of a political party for an office and
that candidate dies on or after the tenth day before the day of
the primary election, that candidate is considered to have
received the nomination of that candidate's political party at
that primary election, and, for purposes of filling the vacancy so
created, that candidate's death shall be treated as if that
candidate died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw
as such candidate at any time prior to the primary election. The
withdrawal shall be effected and the statement of withdrawal shall
be filed in accordance with the procedures prescribed in division
(D) of this section for the withdrawal of persons nominated in a
primary election or by nominating petition.
(C) A person who is named the first choice for president of
the United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent for
the selection of the person as such first choice no later than
four p.m. of the fortieth day before the day of the presidential
primary election. Withdrawal of consent shall be for the entire
slate of candidates for delegates and alternates who named such
person as their presidential first choice and shall constitute
withdrawal from the primary election by such delegates and
alternates. The withdrawal shall be made in writing and delivered
to the secretary of state. If the withdrawal is delivered to the
secretary of state on or before the seventieth day before the day
of the primary election, the boards of elections shall remove both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots according to the directions
of the secretary of state. If the withdrawal is delivered to the
secretary of state after the seventieth day before the day of the
primary election, the board of elections shall not remove the name
of the withdrawn first choice and the names of the withdrawn
candidates from the ballots. The board of elections shall post a
notice at each polling location on the day of the primary
election, and shall enclose with each absent voter's ballot given
or mailed after the candidate withdraws, a notice that votes for
the withdrawn first choice or the withdrawn candidates will be
void and will not be counted. If such names are not removed from
all ballots before the day of the election, the votes for the
withdrawn first choice or the withdrawn candidates are void and
shall not be counted.
(D) Any person nominated in a primary election or by
nominating petition as a candidate for election at the next
general election may withdraw as such candidate at any time prior
to the general election. Such withdrawal may be effected by the
filing of a written statement by such candidate announcing the
candidate's withdrawal and requesting that the candidate's name
not be printed on the ballots. If such candidate's declaration of
candidacy or nominating petition was filed with the secretary of
state, the candidate's statement of withdrawal shall be addressed
to and filed with the secretary of state. If such candidate's
declaration of candidacy or nominating petition was filed with a
board of elections, the candidate's statement of withdrawal shall
be addressed to and filed with such board.
(E) When a person withdraws under division (B) or (D) of this
section on or before the seventieth day before the day of the
primary election at which the person's candidacy is to appear on
the ballot, the board of elections shall remove the name of the
withdrawn candidate from the ballots according to the directions
of the secretary of state. When a person withdraws under division
(B) or (D) of this section after the seventieth day before the day
of the primary election at which the person's candidacy is to
appear on the ballot, the board of elections shall not remove the
name of the withdrawn candidate from the ballots. The board of
elections shall post a notice at each polling place on the day of
the primary election, and shall enclose with each absent voter's
ballot given or mailed after the candidate withdraws, a notice
that votes for the withdrawn candidate will be void and will not
be counted. If the name is not removed from all ballots before the
day of the election, the votes for the withdrawn candidate are
void and shall not be counted.
Sec. 3515.04. At the time and place fixed for making a
recount, the board of elections, in the presence of all observers
who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount them.
If
a county used punch card ballots and if a chad is attached to a
punch card ballot by three or four corners, the voter shall be
deemed by the board not to have recorded a candidate, question, or
issue choice at the particular position on the ballot, and a vote
shall not be counted at that particular position on the ballot in
the recount. Ballots shall be handled only by the members of the
board or by the director or other employees of the board.
Observers shall be permitted to see the ballots, but they shall
not be permitted to touch them, and the board shall not permit the
counting or tabulation of votes shown on the ballots for any
nomination, or for election to any office or position, or upon any
question or issue, other than the votes shown on such ballots for
the nomination, election, question, or issue concerning which a
recount of ballots was applied for.
At any time before the ballots from all of the precincts
listed in an application for the recount or involved in a recount
pursuant to section 3515.011 of the Revised Code have been
recounted, the applicant or declared losing candidate or nominee
or each of the declared losing candidates or nominees entitled to
file a request prior to the commencement of a recount, as provided
in section 3515.03 of the Revised Code, may file with the board a
written request to stop the recount and not recount the ballots
from the precincts so listed that have not been recounted prior to
the time of the request. If, upon the request, the board finds
that results of the votes in the precincts recounted, if
substituted for the results of the votes in those precincts as
shown in the abstract of the votes in those precincts, would not
cause the applicant, if a person for whom votes were cast for
nomination or election, to be declared nominated or elected or if
an election upon a question or issue would not cause a result
contrary to the result as declared prior to such recount, it shall
grant the request and shall not recount the ballots of the
precincts listed in the application for recount that have not been
recounted prior to that time. If the board finds otherwise, it
shall deny the request and shall continue to recount ballots until
the ballots from all of the precincts listed in the application
for recount have been recounted; provided that, if the request is
denied, it may be renewed from time to time. Upon any such
renewal, the board shall consider and act upon the request in the
same manner as provided in this section in connection with an
original request.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters that, at the
most recent regular state election, polled for its candidate for
governor in the state or nominees for presidential electors at
least five per cent of the entire vote cast for that office or
that filed with the secretary of state, subsequent to any election
in which it received less than five per cent of that vote, a
petition signed by qualified electors equal in number to at least
one per cent of the total vote for governor or nominees for
presidential electors at the most recent election, declaring their
intention of organizing a political party, the name of which shall
be stated in the declaration, and of participating in the
succeeding primary election, held in even-numbered years, that
occurs more than one hundred twenty ninety days after the date of
filing. No such group of electors shall assume a name or
designation that is similar, in the opinion of the secretary of
state, to that of an existing political party as to confuse or
mislead the voters at an election. If any political party fails to
cast five per cent of the total vote cast at an election for the
office of governor or president, it shall cease to be a political
party.
(2) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(B) Notwithstanding the definitions found in section 3501.01
of the Revised Code, as used in this section and sections 3517.08
to 3517.14, 3517.99, and 3517.992 of the Revised Code:
(1) "Campaign committee" means a candidate or a combination
of two or more persons authorized by a candidate under section
3517.081 of the Revised Code to receive contributions and make
expenditures.
(2) "Campaign treasurer" means an individual appointed by a
candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of contributions,
has given consent for another to receive contributions or make
expenditures or other use of contributions, or appoints a campaign
treasurer, for the purpose of bringing about the person's
nomination or election to public office. When two persons jointly
seek the offices of governor and lieutenant governor, "candidate"
means the pair of candidates jointly. "Candidate" does not include
candidates for election to the offices of member of a county or
state central committee, presidential elector, and delegate to a
national convention or conference of a political party.
(4) "Continuing association" means an association, other than
a campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5) "Contribution" means a loan, gift, deposit, forgiveness
of indebtedness, donation, advance, payment, or transfer of funds
or anything of value, including a transfer of funds from an inter
vivos or testamentary trust or decedent's estate, and the payment
by any person other than the person to whom the services are
rendered for the personal services of another person, which
contribution is made, received, or used for the purpose of
influencing the results of an election. Any loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or of anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any campaign committee, political
action committee, legislative campaign fund, political party,
political contributing entity, or person other than the person to
whom the services are rendered for the personal services of
another person, that is made, received, or used by a state or
county political party, other than moneys a state or county
political party receives from the Ohio political party fund
pursuant to section 3517.17 of the Revised Code and the moneys a
state or county political party may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section, "political party" means only a
major political party;
(e) Any contribution as defined in section 3517.1011 of the
Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for
the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in
a Levin account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(h) Any donation given to a transition fund under section
3517.1014 of the Revised Code.
(6) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made as
a charitable donation under division (G) of section 3517.08 of the
Revised Code and shall be reported on a statement of expenditures
filed under section 3517.10 of the Revised Code. During the thirty
days preceding a primary or general election, any disbursement to
pay the direct costs of producing or airing a broadcast, cable, or
satellite communication that refers to a clearly identified
candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as
an expenditure or as an independent expenditure under section
3517.10 or 3517.105 of the Revised Code, as applicable, except
that the information required to be reported regarding
contributors for those expenditures or independent expenditures
shall be the same as the information required to be reported under
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate" have
the same meanings as in section 3517.1011 of the Revised Code.
(7) "Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8) "Political action committee" means a combination of two
or more persons, the primary or major purpose of which is to
support or oppose any candidate, political party, or issue, or to
influence the result of any election through express advocacy, and
that is not a political party, a campaign committee, a political
contributing entity, or a legislative campaign fund. "Political
action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9) "Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and representative.
(10) "Anything of value" has the same meaning as in section
1.03 of the Revised Code.
(11) "Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12) "Campaign fund" means money or other property, including
contributions.
(13) "Public official or employee" has the same meaning as in
section 102.01 of the Revised Code.
(14) "Caucus" means all of the members of the house of
representatives or all of the members of the senate of the general
assembly who are members of the same political party.
(15) "Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one of the houses of the general assembly.
(16) "In-kind contribution" means anything of value other
than money that is used to influence the results of an election or
is transferred to or used in support of or in opposition to a
candidate, campaign committee, legislative campaign fund,
political party, political action committee, or political
contributing entity and that is made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of the benefited candidate, committee, fund, party,
or entity. The financing of the dissemination, distribution, or
republication, in whole or part, of any broadcast or of any
written, graphic, or other form of campaign materials prepared by
the candidate, the candidate's campaign committee, or their
authorized agents is an in-kind contribution to the candidate and
an expenditure by the candidate.
(17) "Independent expenditure" means an expenditure by a
person advocating the election or defeat of an identified
candidate or candidates, that is not made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of any candidate or candidates or of the campaign
committee or agent of the candidate or candidates. As used in
division (B)(17) of this section:
(a) "Person" means an individual, partnership, unincorporated
business organization or association, political action committee,
political contributing entity, separate segregated fund,
association, or other organization or group of persons, but not a
labor organization or a corporation unless the labor organization
or corporation is a political contributing entity.
(b) "Advocating" means any communication containing a message
advocating election or defeat.
(c) "Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent by
unambiguous reference.
(d) "Made in coordination, cooperation, or consultation with,
or at the request or suggestion of, any candidate or the campaign
committee or agent of the candidate" means made pursuant to any
arrangement, coordination, or direction by the candidate, the
candidate's campaign committee, or the candidate's agent prior to
the publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:
(i) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from the
candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a candidate, unless the expenditure is made by a political
party to conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any
person who has been placed in a position with the candidate's
campaign committee or organization such that it would reasonably
appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or
other employee organizations; an auxiliary of a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, hours, and other
terms and conditions of employment.
(19) "Separate segregated fund" means a separate segregated
fund established pursuant to the Federal Election Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21) "Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. Subject to the
restrictions on the use of corporate and labor organization funds
under section 3599.03 of the Revised Code, "political contributing
entity" shall include a corporation or labor organization. For
purposes of this division, "lawfully" means not prohibited by any
section of the Revised Code, or authorized by a final judgment of
a court of competent jurisdiction.
Sec. 3517.012. When a petition meeting the requirements of
section 3517.01 of the Revised Code declaring the intention to
organize a political party is filed with the secretary of state,
the new party comes into legal existence on the date of filing and
is entitled to hold a primary election as set out in section
3513.01 of the Revised Code, at the primary election, held in
even-numbered years that occurs more than one hundred twenty
ninety days after the date of filing.
Sec. 3517.014. Those provisions of section 3513.19 3513.05
of the Revised Code relating to the determination of membership in
or political affiliation with a party do not apply to persons
desiring to become candidates for party nomination of a newly
formed political party meeting the requirements of sections
3517.011 and 3517.012 of the Revised Code at the first primary
held by that party in the even-numbered year occurring subsequent
to the formation of that party.
Sec. 3517.015. Qualified electors who signed declarations of
candidacy of persons desiring to become candidates for party
nomination of a newly formed political party meeting the
requirements of sections 3517.011 and 3517.012 of the Revised Code
at the first primary election held by that party in the
even-numbered year subsequent to the party formation are not
subject to section 3513.19 of the Revised Code and shall, for the
purpose of signing said declarations of candidacy, be deemed
members of the newly formed political party regardless of prior
political affiliations.
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political
contributing entity that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section or by electronic means of
transmission as provided in this section and section 3517.106 of
the Revised Code, a full, true, and itemized statement, made under
penalty of election falsification, setting forth in detail the
contributions and expenditures, not later than four p.m. of the
following dates:
(1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election;
(2) The thirty-eighth day after the election to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the seventh day
before the filing of the statement;
(3) The last business day of January of every year to reflect
the contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of
December of the previous year;
(4) The last business day of July of every year to reflect
the contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of
June of that year.
A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate.
The statement required under division (A)(1) of this section
shall not be required of any campaign committee, political action
committee, legislative campaign fund, political party, or
political contributing entity that has received contributions of
less than one thousand dollars and has made expenditures of less
than one thousand dollars at the close of business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2) of this section.
If an election to select candidates to appear on the general
election ballot is held within sixty days before a general
election, the campaign committee of a successful candidate in the
earlier election may file the statement required by division
(A)(1) of this section for the general election instead of the
statement required by division (A)(2) of this section for the
earlier election if the pregeneral election statement reflects the
status of contributions and expenditures for the period twenty
days before the earlier election to twenty days before the general
election.
If a person becomes a candidate less than twenty days before
an election, the candidate's campaign committee is not required to
file the statement required by division (A)(1) of this section.
No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity is required to file a postgeneral
election statement under division (A)(2) of this section. However,
a statement under division (A)(3) of this section may be filed, at
the option of the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity.
No campaign committee of a candidate for the office of chief
justice or justice of the supreme court, and no campaign committee
of a candidate for the office of judge of any court in this state,
shall be required to file a statement under division (A)(4) of
this section.
Except as otherwise provided in this paragraph and in the
next paragraph of this section, the only campaign committees
required to file a statement under division (A)(4) of this section
are the campaign committee of a statewide candidate and the
campaign committee of a candidate for county office. The campaign
committee of a candidate for any other nonjudicial office is
required to file a statement under division (A)(4) of this section
if that campaign committee receives, during that period,
contributions exceeding ten thousand dollars.
No statement under division (A)(4) of this section shall be
required of a campaign committee, a political action committee, a
legislative campaign fund, a political party, or a political
contributing entity for any year in which the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity is required to file a
postprimary election statement under division (A)(2) of this
section. However, a statement under division (A)(4) of this
section may be filed at the option of the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity.
No statement under division (A)(3) or (4) of this section
shall be required if the campaign committee, political action
committee, legislative campaign fund, political party, or
political contributing entity has no contributions that it has
received and no expenditures that it has made since the last date
reflected in its last previously filed statement. However, the
campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity
shall file a statement to that effect, on a form prescribed under
this section and made under penalty of election falsification, on
the date required in division (A)(3) or (4) of this section, as
applicable.
The campaign committee of a statewide candidate shall file a
monthly statement of contributions received during each of the
months of July, August, and September in the year of the general
election in which the candidate seeks office. The campaign
committee of a statewide candidate shall file the monthly
statement not later than three business days after the last day of
the month covered by the statement. During the period beginning on
the nineteenth day before the general election in which a
statewide candidate seeks election to office and extending through
the day of that general election, each time the campaign committee
of the joint candidates for the offices of governor and lieutenant
governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives
a contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that period
to equal or exceed ten thousand dollars and each time the campaign
committee of a candidate for the office of chief justice or
justice of the supreme court receives a contribution from a
contributor that causes the aggregate amount of contributions
received from that contributor during that period to exceed ten
thousand dollars, the campaign committee shall file a
two-business-day statement reflecting that contribution. During
the period beginning on the nineteenth day before a primary
election in which a candidate for statewide office seeks
nomination to office and extending through the day of that primary
election, each time either the campaign committee of a statewide
candidate in that primary election that files a notice under
division (C)(1) of section 3517.103 of the Revised Code or the
campaign committee of a statewide candidate in that primary
election to which, in accordance with division (D) of section
3517.103 of the Revised Code, the contribution limitations
prescribed in section 3517.102 of the Revised Code no longer apply
receives a contribution from a contributor that causes the
aggregate amount of contributions received from that contributor
during that period to exceed ten thousand dollars, the campaign
committee shall file a two-business-day statement reflecting that
contribution. Contributions reported on a two-business-day
statement required to be filed by a campaign committee of a
statewide candidate in a primary election shall also be included
in the postprimary election statement required to be filed by that
campaign committee under division (A)(2) of this section. A
two-business-day statement required by this paragraph shall be
filed not later than two business days after receipt of the
contribution. The statements required by this paragraph shall be
filed in addition to any other statements required by this
section.
Subject to the secretary of state having implemented, tested,
and verified the successful operation of any system the secretary
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of
this section and division (H)(1) of section 3517.106 of the
Revised Code for the filing of campaign finance statements by
electronic means of transmission, a campaign committee of a
statewide candidate shall file a two-business-day statement under
the preceding paragraph by electronic means of transmission if the
campaign committee is required to file a pre-election,
postelection, or monthly statement of contributions and
expenditures by electronic means of transmission under this
section or section 3517.106 of the Revised Code.
If a campaign committee or political action committee has no
balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since the
period reflected in its last previously filed statement.
(B) Except as otherwise provided in division (C)(7) of this
section, each statement required by division (A) of this section
shall contain the following information:
(1) The full name and address of each campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity, including any treasurer
of the committee, fund, party, or entity, filing a contribution
and expenditure statement;
(2)(a) In the case of a campaign committee, the candidate's
full name and address;
(b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1) of this section.
(3) The date of the election and whether it was or will be a
general, primary, or special election;
(4) A statement of contributions received, which shall
include the following information:
(a) The month, day, and year of the contribution;
(b)(i) The full name and address of each person, political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity from whom
contributions are received and the registration number assigned to
the political action committee under division (D)(1) of this
section. The requirement of filing the full address does not apply
to any statement filed by a state or local committee of a
political party, to a finance committee of such committee, or to a
committee recognized by a state or local committee as its
fund-raising auxiliary. Notwithstanding division (F) of this
section, the requirement of filing the full address shall be
considered as being met if the address filed is the same address
the contributor provided under division (E)(1) of this section.
(ii) If a political action committee, political contributing
entity, legislative campaign fund, or political party that is
required to file campaign finance statements by electronic means
of transmission under section 3517.106 of the Revised Code or a
campaign committee of a statewide candidate or candidate for the
office of member of the general assembly receives a contribution
from an individual that exceeds one hundred dollars, the name of
the individual's current employer, if any, or, if the individual
is self-employed, the individual's occupation and the name of the
individual's business, if any;
(iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a contribution transmitted pursuant to section 3599.031
of the Revised Code from amounts deducted from the wages and
salaries of two or more employees that exceeds in the aggregate
one hundred dollars during any one filing period under division
(A)(1), (2), (3), or (4) of this section, the full name of the
employees' employer and the full name of the labor organization of
which the employees are members, if any.
(c) A description of the contribution received, if other than
money;
(d) The value in dollars and cents of the contribution;
(e) A separately itemized account of all contributions and
expenditures regardless of the amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a
contribution transmitted pursuant to section 3599.031 of the
Revised Code from amounts deducted from the wages and salaries of
employees if the contribution from the amount deducted from the
wages and salary of any one employee is twenty-five dollars or
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall
include a description of and the value of each in-kind
contribution received at that activity from any person who made
one or more such contributions whose aggregate value exceeded two
hundred fifty dollars and shall be listed separately, together
with the expenses incurred and paid in connection with that
activity. A campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity shall keep records of contributions from each
person in the amount of twenty-five dollars or less at one social
or fund-raising activity and contributions from amounts deducted
under section 3599.031 of the Revised Code from the wages and
salary of each employee in the amount of twenty-five dollars or
less aggregated in a calendar year. No continuing association that
is recognized by a state or local committee of a political party
as an auxiliary of the party and that makes a contribution from
funds derived solely from regular dues paid by members of the
auxiliary shall be required to list the name or address of any
members who paid those dues.
Contributions that are other income shall be itemized
separately from all other contributions. The information required
under division (B)(4) of this section shall be provided for all
other income itemized. As used in this paragraph, "other income"
means a loan, investment income, or interest income.
(f) In the case of a campaign committee of a state elected
officer, if a person doing business with the state elected officer
in the officer's official capacity makes a contribution to the
campaign committee of that officer, the information required under
division (B)(4) of this section in regard to that contribution,
which shall be filed together with and considered a part of the
committee's statement of contributions as required under division
(A) of this section but shall be filed on a separate form provided
by the secretary of state. As used in this division:
(i) "State elected officer" has the same meaning as in
section 3517.092 of the Revised Code.
(ii) "Person doing business" means a person or an officer of
an entity who enters into one or more contracts with a state
elected officer or anyone authorized to enter into contracts on
behalf of that officer to receive payments for goods or services,
if the payments total, in the aggregate, more than five thousand
dollars during a calendar year.
(5) A statement of expenditures which shall include the
following information:
(a) The month, day, and year of the expenditure;
(b) The full name and address of each person, political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity to whom the
expenditure was made and the registration number assigned to the
political action committee under division (D)(1) of this section;
(c) The object or purpose for which the expenditure was made;
(d) The amount of each expenditure.
(C)(1) The statement of contributions and expenditures shall
be signed by the person completing the form. If a statement of
contributions and expenditures is filed by electronic means of
transmission pursuant to this section or section 3517.106 of the
Revised Code, the electronic signature of the person who executes
the statement and transmits the statement by electronic means of
transmission, as provided in division (H) of section 3517.106 of
the Revised Code, shall be attached to or associated with the
statement and shall be binding on all persons and for all purposes
under the campaign finance reporting law as if the signature had
been handwritten in ink on a printed form.
(2) The person filing the statement, under penalty of
election falsification, shall include with it a list of each
anonymous contribution, the circumstances under which it was
received, and the reason it cannot be attributed to a specific
donor.
(3) Each statement of a campaign committee of a candidate who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under the
candidate's direct supervision and control. In a space provided in
the statement, the person filing the statement shall affirm that
each such contribution was voluntarily made.
(4) A campaign committee that did not receive contributions
or make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section.
(5) The campaign committee of any person who attempts to
become a candidate and who, for any reason, does not become
certified in accordance with Title XXXV of the Revised Code for
placement on the official ballot of a primary, general, or special
election to be held in this state, and who, at any time prior to
or after an election, receives contributions or makes
expenditures, or has given consent for another to receive
contributions or make expenditures, for the purpose of bringing
about the person's nomination or election to public office, shall
file the statement or statements prescribed by this section and a
termination statement, if applicable. Division (C)(5) of this
section does not apply to any person with respect to an election
to the offices of member of a county or state central committee,
presidential elector, or delegate to a national convention or
conference of a political party.
(6)(a) The statements required to be filed under this section
shall specify the balance in the hands of the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity and the disposition
intended to be made of that balance.
(b) The secretary of state shall prescribe the form for all
statements required to be filed under this section and shall
furnish the forms to the boards of elections in the several
counties. The boards of elections shall supply printed copies of
those forms without charge. The secretary of state shall prescribe
the appropriate methodology, protocol, and data file structure for
statements required or permitted to be filed by electronic means
of transmission under division (A) of this section, divisions (E),
(F), and (G) of section 3517.106, division (D) of section
3517.1011, division (B) of section 3517.1012, division (C) of
section 3517.1013, and divisions (D) and (I) of section 3517.1014
of the Revised Code. Subject to division (A) of this section,
divisions (E), (F), and (G) of section 3517.106, division (D) of
section 3517.1011, division (B) of section 3517.1012, division (C)
of section 3517.1013, and divisions (D) and (I) of section
3517.1014 of the Revised Code, the statements required to be
stored on computer by the secretary of state under division (B) of
section 3517.106 of the Revised Code shall be filed in whatever
format the secretary of state considers necessary to enable the
secretary of state to store the information contained in the
statements on computer. Any such format shall be of a type and
nature that is readily available to whoever is required to file
the statements in that format.
(c) The secretary of state shall assess the need for training
regarding the filing of campaign finance statements by electronic
means of transmission and regarding associated technologies for
candidates, campaign committees, political action committees,
legislative campaign funds, political parties, or political
contributing entities, for individuals, partnerships, or other
entities, for persons making disbursements to pay the direct costs
of producing or airing electioneering communications, or for
treasurers of transition funds, required or permitted to file
statements by electronic means of transmission under this section
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or
3517.1014 of the Revised Code. If, in the opinion of the secretary
of state, training in these areas is necessary, the secretary of
state shall arrange for the provision of voluntary training
programs for candidates, campaign committees, political action
committees, legislative campaign funds, political parties, or
political contributing entities, for individuals, partnerships,
and other entities, for persons making disbursements to pay the
direct costs of producing or airing electioneering communications,
or for treasurers of transition funds, as appropriate.
(7) Each monthly statement and each two-business-day
statement required by division (A) of this section shall contain
the information required by divisions (B)(1) to (4), (C)(2), and,
if appropriate, (C)(3) of this section. Each statement shall be
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an
expenditure, every campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity shall appoint a treasurer and shall file, on a
form prescribed by the secretary of state, a designation of that
appointment, including the full name and address of the treasurer
and of the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity. That designation shall be filed with the
official with whom the campaign committee, political action
committee, legislative campaign fund, political party, or
political contributing entity is required to file statements under
section 3517.11 of the Revised Code. The name of a campaign
committee shall include at least the last name of the campaign
committee's candidate. If two or more candidates are the
beneficiaries of a single campaign committee under division (B) of
section 3517.081 of the Revised Code, the name of the campaign
committee shall include at least the last name of each candidate
who is a beneficiary of that campaign committee. The secretary of
state shall assign a registration number to each political action
committee that files a designation of the appointment of a
treasurer under this division if the political action committee is
required by division (A)(1) of section 3517.11 of the Revised Code
to file the statements prescribed by this section with the
secretary of state.
(2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions, from
whom received and the purpose for which they were disbursed.
(3)(a) Except as otherwise provided in section 3517.108 of
the Revised Code, a campaign committee shall deposit all monetary
contributions received by the committee into an account separate
from a personal or business account of the candidate or campaign
committee.
(b) A political action committee shall deposit all monetary
contributions received by the committee into an account separate
from all other funds.
(c) A state or county political party may establish a state
candidate fund that is separate from an account that contains the
public moneys received from the Ohio political party fund under
section 3517.17 of the Revised Code and from all other funds. A
state or county political party may deposit into its state
candidate fund any amounts of monetary contributions that are made
to or accepted by the political party subject to the applicable
limitations, if any, prescribed in section 3517.102 of the Revised
Code. A state or county political party shall deposit all other
monetary contributions received by the party into one or more
accounts that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code.
(d) Each state political party shall have only one
legislative campaign fund for each house of the general assembly.
Each such fund shall be separate from any other funds or accounts
of that state party. A legislative campaign fund is authorized to
receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members
of that political party to the house of the general assembly with
which that legislative campaign fund is associated. Each
legislative campaign fund shall be administered and controlled in
a manner designated by the caucus. As used in this division,
"caucus" has the same meaning as in section 3517.01 of the Revised
Code and includes, as an ex officio member, the chairperson of the
state political party with which the caucus is associated or that
chairperson's designee.
(4) Every expenditure in excess of twenty-five dollars shall
be vouched for by a receipted bill, stating the purpose of the
expenditure, that shall be filed with the statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section.
(5) The secretary of state or the board of elections, as the
case may be, shall issue a receipt for each statement filed under
this section and shall preserve a copy of the receipt for a period
of at least six years. All statements filed under this section
shall be open to public inspection in the office where they are
filed and shall be carefully preserved for a period of at least
six years after the year in which they are filed.
(6) The secretary of state, by rule adopted pursuant to
section 3517.23 of the Revised Code, shall prescribe both of the
following:
(a) The manner of immediately acknowledging, with date and
time received, and preserving the receipt of statements that are
transmitted by electronic means of transmission to the secretary
of state pursuant to this section or section 3517.106, 3517.1011,
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;
(b) The manner of preserving the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, gift and disbursement, or donation and disbursement
information in the statements described in division (D)(6)(a) of
this section. The secretary of state shall preserve the
contribution and expenditure, contribution and disbursement,
deposit and disbursement, gift and disbursement, or donation and
disbursement information in those statements for at least ten
years after the year in which they are filed by electronic means
of transmission.
(7) The secretary of state, pursuant to division (I) of
section 3517.106 of the Revised Code, shall make available online
to the public through the internet the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, gift and disbursement, or donation and disbursement
information in all statements, all addenda, amendments, or other
corrections to statements, and all amended statements filed with
the secretary of state by electronic or other means of
transmission under this section, division (B)(2)(b) or (C)(2)(b)
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The
secretary of state may remove the information from the internet
after a reasonable period of time.
(E)(1) Any person, political party, campaign committee,
legislative campaign fund, political action committee, or
political contributing entity that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also shall
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the
contribution at the time the contribution is made.
(2) Any individual who makes a contribution that exceeds one
hundred dollars to a political action committee, political
contributing entity, legislative campaign fund, or political party
or to a campaign committee of a statewide candidate or candidate
for the office of member of the general assembly shall provide the
name of the individual's current employer, if any, or, if the
individual is self-employed, the individual's occupation and the
name of the individual's business, if any, to the recipient of the
contribution at the time the contribution is made. Sections
3599.39 and 3599.40 of the Revised Code do not apply to division
(E)(2) of this section.
(3) If a campaign committee shows that it has exercised its
best efforts to obtain, maintain, and submit the information
required under divisions (B)(4)(b)(ii) and (iii) of this section,
that committee is considered to have met the requirements of those
divisions. A campaign committee shall not be considered to have
exercised its best efforts unless, in connection with written
solicitations, it regularly includes a written request for the
information required under division (B)(4)(b)(ii) of this section
from the contributor or the information required under division
(B)(4)(b)(iii) of this section from whoever transmits the
contribution.
(4) Any check that a political action committee uses to make
a contribution or an expenditure shall contain the full name and
address of the committee and the registration number assigned to
the committee under division (D)(1) of this section.
(F) As used in this section:
(1)(a) Except as otherwise provided in division (F)(1) of
this section, "address" means all of the following if they exist:
apartment number, street, road, or highway name and number, rural
delivery route number, city or village, state, and zip code as
used in a person's post-office address, but not post-office box.
(b) Except as otherwise provided in division (F)(1) of this
section, if an address is required in this section, a post-office
box and office, room, or suite number may be included in addition
to, but not in lieu of, an apartment, street, road, or highway
name and number.
(c) If an address is required in this section, a campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity may be used in addition to
that address.
(d) For the sole purpose of a campaign committee's reporting
of contributions on a statement of contributions received under
division (B)(4) of this section, "address" has one of the
following meanings at the option of the campaign committee:
(i) The same meaning as in division (F)(1)(a) of this
section;
(ii) All of the following, if they exist: the contributor's
post-office box number and city or village, state, and zip code as
used in the contributor's post-office address.
(e) As used with regard to the reporting under this section
of any expenditure, "address" means all of the following if they
exist: apartment number, street, road, or highway name and number,
rural delivery route number, city or village, state, and zip code
as used in a person's post-office address, or post-office box. If
an address concerning any expenditure is required in this section,
a campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity
may use the business or residence address of its treasurer or
deputy treasurer or its post-office box number.
(2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
chief justice of the supreme court, or justice of the supreme
court.
(3) "Candidate for county office" means a candidate for the
office of county auditor, county treasurer, clerk of the court of
common pleas, judge of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting
attorney, or coroner.
(G) An independent expenditure shall be reported whenever and
in the same manner that an expenditure is required to be reported
under this section and shall be reported pursuant to division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of
this section, if, during the combined pre-election and
postelection reporting periods for an election, a campaign
committee has received contributions of five hundred dollars or
less and has made expenditures in the total amount of five hundred
dollars or less, it may file a statement to that effect, under
penalty of election falsification, in lieu of the statement
required by division (A)(2) of this section. The statement shall
indicate the total amount of contributions received and the total
amount of expenditures made during those combined reporting
periods.
(2) In the case of a successful candidate at a primary
election, if either the total contributions received by or the
total expenditures made by the candidate's campaign committee
during the preprimary, postprimary, pregeneral, and postgeneral
election periods combined equal more than five hundred dollars,
the campaign committee may file the statement under division
(H)(1) of this section only for the primary election. The first
statement that the campaign committee files in regard to the
general election shall reflect all contributions received and all
expenditures made during the preprimary and postprimary election
periods.
(3) Divisions (H)(1) and (2) of this section do not apply if
a campaign committee receives contributions or makes expenditures
prior to the first day of January of the year of the election at
which the candidate seeks nomination or election to office or if
the campaign committee does not file a termination statement with
its postprimary election statement in the case of an unsuccessful
primary election candidate or with its postgeneral election
statement in the case of other candidates.
(I) In the case of a contribution made by a partner of a
partnership or an owner or a member of another unincorporated
business from any funds of the partnership or other unincorporated
business, all of the following apply:
(1) The recipient of the contribution shall report the
contribution by listing both the partnership or other
unincorporated business and the name of the partner, owner, or
member making the contribution.
(2) In reporting the contribution, the recipient of the
contribution shall be entitled to conclusively rely upon the
information provided by the partnership or other unincorporated
business, provided that the information includes one of the
following:
(a) The name of each partner, owner, or member as of the date
of the contribution or contributions, and a statement that the
total contributions are to be allocated equally among all of the
partners, owners, or members; or
(b) The name of each partner, owner, or member as of the date
of the contribution or contributions who is participating in the
contribution or contributions, and a statement that the
contribution or contributions are to be allocated to those
individuals in accordance with the information provided by the
partnership or other unincorporated business to the recipient of
the contribution.
(3) For purposes of section 3517.102 of the Revised Code, the
contribution shall be considered to have been made by the partner,
owner, or member reported under division (I)(1) of this section.
(4) No contribution from a partner of a partnership or an
owner or a member of another unincorporated business shall be
accepted from any funds of the partnership or other unincorporated
business unless the recipient reports the contribution under
division (I)(1) of this section together with the information
provided under division (I)(2) of this section.
(5) No partnership or other unincorporated business shall
make a contribution or contributions solely in the name of the
partnership or other unincorporated business.
(6) As used in division (I) of this section, "partnership or
other unincorporated business" includes, but is not limited to, a
cooperative, a sole proprietorship, a general partnership, a
limited partnership, a limited partnership association, a limited
liability partnership, and a limited liability company.
(J) A candidate shall have only one campaign committee at any
given time for all of the offices for which the person is a
candidate or holds office.
(K)(1) In addition to filing a designation of appointment of
a treasurer under division (D)(1) of this section, the campaign
committee of any candidate for an elected municipal office that
pays an annual amount of compensation of five thousand dollars or
less, the campaign committee of any candidate for member of a
board of education except member of the state board of education,
or the campaign committee of any candidate for township trustee or
township fiscal officer may sign, under penalty of election
falsification, a certificate attesting that the committee will not
accept contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars.
The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and petition,
a nominating petition, or a declaration of intent to be a write-in
candidate.
(2) Except as otherwise provided in division (K)(3) of this
section, a campaign committee that files a certificate under
division (K)(1) of this section is not required to file the
statements required by division (A) of this section.
(3) If, after filing a certificate under division (K)(1) of
this section, a campaign committee exceeds any of the limitations
described in that division during an election period, the
certificate is void and thereafter the campaign committee shall
file the statements required by division (A) of this section. If
the campaign committee has not previously filed a statement, then
on the first statement the campaign committee is required to file
under division (A) of this section after the committee's
certificate is void, the committee shall report all contributions
received and expenditures made from the time the candidate filed
the candidate's declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate.
(4) As used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or,
if the candidate was nominated in a primary election, the day of
the election at which the candidate seeks office.
(L) A political contributing entity that receives
contributions from the dues, membership fees, or other assessments
of its members or from its officers, shareholders, and employees
may report the aggregate amount of contributions received from
those contributors and the number of individuals making those
contributions, for each filing period under divisions (A)(1), (2),
(3), and (4) of this section, rather than reporting information as
required under division (B)(4) of this section, including, when
applicable, the name of the current employer, if any, of a
contributor whose contribution exceeds one hundred dollars or, if
such a contributor is self-employed, the contributor's occupation
and the name of the contributor's business, if any. Division
(B)(4) of this section applies to a political contributing entity
with regard to contributions it receives from all other
contributors.
Sec. 3517.102. (A) Except as otherwise provided in section
3517.103 of the Revised Code, as used in this section and sections
3517.103 and 3517.104 of the Revised Code:
(1) "Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, member of the state
board of education, member of the general assembly, chief justice
of the supreme court, and justice of the supreme court.
(2) "Statewide candidate" or "any one statewide candidate"
means the joint candidates for the offices of governor and
lieutenant governor or a candidate for the office of secretary of
state, auditor of state, treasurer of state, attorney general,
member of the state board of education, chief justice of the
supreme court, or justice of the supreme court.
(3) "Senate candidate" means a candidate for the office of
state senator.
(4) "House candidate" means a candidate for the office of
state representative.
(5)(a) "Primary election period" for a candidate begins on
the beginning date of the candidate's pre-filing period specified
in division (A)(9) of section 3517.109 of the Revised Code and
ends on the day of the primary election.
(b) In regard to any candidate, the "general election period"
begins on the day after the primary election immediately preceding
the general election at which the candidate seeks an office
specified in division (A)(1) of this section and ends on the
thirty-first day of December following that general election.
(6) "State candidate fund" means the state candidate fund
established by a state or county political party under division
(D)(3)(c) of section 3517.10 of the Revised Code.
(7) "Postgeneral election statement" means the statement
filed under division (A)(2) of section 3517.10 of the Revised Code
by the campaign committee of a candidate after the general
election in which the candidate ran for office or filed by
legislative campaign fund after the general election in an
even-numbered year.
(8) "Contribution" means any contribution that is required to
be reported in the statement of contributions under section
3517.10 of the Revised Code.
(9)(a) Except as otherwise provided in division (A)(9)(b) of
this section and in division (F) of section 3517.103 and division
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated
state campaign committee" means:
(i) In the case of contributions to or from a state political
party, a campaign committee of a statewide candidate, statewide
officeholder, senate candidate, house candidate, or member of the
general assembly.
(ii) In the case of contributions to or from a county
political party, a campaign committee of a senate candidate or
house candidate whose candidacy is to be submitted to some or all
of the electors in that county, or member of the general assembly
whose district contains all or part of that county.
(iii) In the case of contributions to or from a legislative
campaign fund, a campaign committee of any of the following:
(I) A senate or house candidate who, if elected, will be a
member of the same party that established the legislative campaign
fund and the same house with which the legislative campaign fund
is associated;
(II) A state senator or state representative who is a member
of the same party that established the legislative campaign fund
and the same house with which the legislative campaign fund is
associated.
(b) A campaign committee is no longer a "designated state
campaign committee" after the campaign committee's candidate
changes the designation of treasurer required to be filed under
division (D)(1) of section 3517.10 of the Revised Code to indicate
that the person intends to be a candidate for, or becomes a
candidate for nomination or election to, any office that, if
elected, would not qualify that candidate's campaign committee as
a "designated state campaign committee" under division (A)(9)(a)
of this section.
(B)(1)(a) No individual who is seven years of age or older
shall make a contribution or contributions aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one
statewide candidate in a primary election period or in a general
election period;
(ii) Ten thousand dollars to the campaign committee of any
one senate candidate in a primary election period or in a general
election period;
(iii) Ten thousand dollars to the campaign committee of any
one house candidate in a primary election period or in a general
election period;
(iv) Ten thousand dollars to a county political party of the
county in which the individual's designated Ohio residence is
located for the party's state candidate fund in a calendar year;
(v) Fifteen thousand dollars to any one legislative campaign
fund in a calendar year;
(vi) Thirty thousand dollars to any one state political party
for the party's state candidate fund in a calendar year;
(vii) Ten thousand dollars to any one political action
committee in a calendar year;
(viii) Ten thousand dollars to any one political contributing
entity in a calendar year.
(b) No individual shall make a contribution or contributions
to the state candidate fund of a county political party of any
county other than the county in which the individual's designated
Ohio residence is located.
(c) No individual who is under seven years of age shall make
any contribution.
(2)(a) Subject to division (D)(1) of this section, no
political action committee shall make a contribution or
contributions aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one
statewide candidate in a primary election period or in a general
election period;
(ii) Ten thousand dollars to the campaign committee of any
one senate candidate in a primary election period or in a general
election period;
(iii) Ten thousand dollars to the campaign committee of any
one house candidate in a primary election period or in a general
election period;
(iv) Fifteen thousand dollars to any one legislative campaign
fund in a calendar year;
(v) Thirty thousand dollars to any one state political party
for the party's state candidate fund in a calendar year;
(vi) Ten thousand dollars to another political action
committee or to a political contributing entity in a calendar
year. This division does not apply to a political action committee
that makes a contribution to a political action committee or a
political contributing entity affiliated with it. For purposes of
this division, a political action committee is affiliated with
another political action committee or with a political
contributing entity if they are both established, financed,
maintained, or controlled by, or if they are, the same
corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.
(b) No political action committee shall make a contribution
or contributions to a county political party for the party's state
candidate fund.
(3) No campaign committee shall make a contribution or
contributions aggregating more than:
(a) Ten thousand dollars to the campaign committee of any one
statewide candidate in a primary election period or in a general
election period;
(b) Ten thousand dollars to the campaign committee of any one
senate candidate in a primary election period or in a general
election period;
(c) Ten thousand dollars to the campaign committee of any one
house candidate in a primary election period or in a general
election period;
(d) Ten thousand dollars to any one political action
committee in a calendar year;
(e) Ten thousand dollars to any one political contributing
entity in a calendar year.
(4)(a) Subject to division (D)(3) of this section, no
political party shall make a contribution or contributions
aggregating more than ten thousand dollars to any one political
action committee or to any one political contributing entity in a
calendar year.
(b) No county political party shall make a contribution or
contributions to another county political party.
(5)(a) Subject to division (B)(5)(b) of this section, no
campaign committee, other than a designated state campaign
committee, shall make a contribution or contributions aggregating
in a calendar year more than:
(i) Thirty thousand dollars to any one state political party
for the party's state candidate fund;
(ii) Fifteen thousand dollars to any one legislative campaign
fund;
(iii) Ten thousand dollars to any one county political party
for the party's state candidate fund.
(b) No campaign committee shall make a contribution or
contributions to a county political party for the party's state
candidate fund unless one of the following applies:
(i) The campaign committee's candidate will appear on a
ballot in that county.
(ii) The campaign committee's candidate is the holder of an
elected public office that represents all or part of the
population of that county at the time the contribution is made.
(6)(a) No state candidate fund of a county political party
shall make a contribution or contributions, except a contribution
or contributions to a designated state campaign committee, in a
primary election period or a general election period, aggregating
more than:
(i) Two hundred fifty thousand dollars to the campaign
committee of any one statewide candidate;
(ii) Ten thousand dollars to the campaign committee of any
one senate candidate;
(iii) Ten thousand dollars to the campaign committee of any
one house candidate.
(b)(i) No state candidate fund of a state or county political
party shall make a transfer or a contribution or transfers or
contributions of cash or cash equivalents to a designated state
campaign committee in a primary election period or in a general
election period aggregating more than:
(I) Five hundred thousand dollars to the campaign committee
of any one statewide candidate;
(II) One hundred thousand dollars to the campaign committee
of any one senate candidate;
(III) Fifty thousand dollars to the campaign committee of any
one house candidate.
(ii) No legislative campaign fund shall make a transfer or a
contribution or transfers or contributions of cash or cash
equivalents to a designated state campaign committee aggregating
more than:
(I) Fifty thousand dollars in a primary election period or
one hundred thousand dollars in a general election period to the
campaign committee of any one senate candidate;
(II) Twenty-five thousand dollars in a primary election
period or fifty thousand dollars in a general election period to
the campaign committee of any one house candidate.
(iii) As used in divisions (B)(6)(b) and (C)(6) of this
section, "transfer or contribution of cash or cash equivalents"
does not include any in-kind contributions.
(c) A county political party that has no state candidate fund
and that is located in a county having a population of less than
one hundred fifty thousand may make one or more contributions from
other accounts to any one statewide candidate or to any one
designated state campaign committee that do not exceed, in the
aggregate, two thousand five hundred dollars in any primary
election period or general election period. As used in this
division, "other accounts" does not include an account that
contains the public moneys received from the Ohio political party
fund under section 3517.17 of the Revised Code.
(d) No legislative campaign fund shall make a contribution,
other than to a designated state campaign committee or to the
state candidate fund of a political party.
(7)(a) Subject to division (D)(1) of this section, no
political contributing entity shall make a contribution or
contributions aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one
statewide candidate in a primary election period or in a general
election period;
(ii) Ten thousand dollars to the campaign committee of any
one senate candidate in a primary election period or in a general
election period;
(iii) Ten thousand dollars to the campaign committee of any
one house candidate in a primary election period or in a general
election period;
(iv) Fifteen thousand dollars to any one legislative campaign
fund in a calendar year;
(v) Thirty thousand dollars to any one state political party
for the party's state candidate fund in a calendar year;
(vi) Ten thousand dollars to another political contributing
entity or to a political action committee in a calendar year. This
division does not apply to a political contributing entity that
makes a contribution to a political contributing entity or a
political action committee affiliated with it. For purposes of
this division, a political contributing entity is affiliated with
another political contributing entity or with a political action
committee if they are both established, financed, maintained, or
controlled by, or if they are, the same corporation, organization,
labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that
corporation, organization, labor organization, continuing
association, or other person.
(b) No political contributing entity shall make a
contribution or contributions to a county political party for the
party's state candidate fund.
(C)(1)(a) Subject to division (D)(1) of this section, no
campaign committee of a statewide candidate shall do any of the
following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more
than ten thousand dollars from any one individual who is seven
years of age or older, from any one political action committee,
from any one political contributing entity, or from any one other
campaign committee in a primary election period or in a general
election period;
(iii) Accept a contribution or contributions aggregating more
than two hundred fifty thousand dollars from any one or
combination of state candidate funds of county political parties
in a primary election period or in a general election period.
(b) No campaign committee of a statewide candidate shall
accept a contribution or contributions aggregating more than two
thousand five hundred dollars in a primary election period or in a
general election period from a county political party that has no
state candidate fund and that is located in a county having a
population of less than one hundred fifty thousand.
(2)(a) Subject to division (D)(1) of this section and except
for a designated state campaign committee, no campaign committee
of a senate candidate shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more
than ten thousand dollars from any one individual who is seven
years of age or older, from any one political action committee,
from any one political contributing entity, from any one state
candidate fund of a county political party, or from any one other
campaign committee in a primary election period or in a general
election period.
(b) No campaign committee of a senate candidate shall accept
a contribution or contributions aggregating more than two thousand
five hundred dollars in a primary election period or in a general
election period from a county political party that has no state
candidate fund and that is located in a county having a population
of less than one hundred fifty thousand.
(3)(a) Subject to division (D)(1) of this section and except
for a designated state campaign committee, no campaign committee
of a house candidate shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more
than ten thousand dollars from any one individual who is seven
years of age or older, from any one political action committee,
from any one political contributing entity, from any one state
candidate fund of a county political party, or from any one other
campaign committee in a primary election period or in a general
election period.
(b) No campaign committee of a house candidate shall accept a
contribution or contributions aggregating more than two thousand
five hundred dollars in a primary election period or in a general
election period from a county political party that has no state
candidate fund and that is located in a county having a population
of less than one hundred fifty thousand.
(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section
and except for a designated state campaign committee, no county
political party shall knowingly accept a contribution or
contributions from any individual who is under seven years of age,
or accept a contribution or contributions for the party's state
candidate fund aggregating more than ten thousand dollars from any
one individual whose designated Ohio residence is located within
that county and who is seven years of age or older or from any one
campaign committee in a calendar year.
(ii) Subject to division (D)(1) of this section, no county
political party shall accept a contribution or contributions for
the party's state candidate fund from any individual whose
designated Ohio residence is located outside of that county and
who is seven years of age or older, from any campaign committee
unless the campaign committee's candidate will appear on a ballot
in that county or unless the campaign committee's candidate is the
holder of an elected public office that represents all or part of
the population of that county at the time the contribution is
accepted, or from any political action committee or any political
contributing entity.
(iii) No county political party shall accept a contribution
or contributions from any other county political party.
(b) Subject to division (D)(1) of this section, no state
political party shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions for the party's
state candidate fund aggregating more than thirty thousand dollars
from any one individual who is seven years of age or older, from
any one political action committee, from any one political
contributing entity, or from any one campaign committee, other
than a designated state campaign committee, in a calendar year.
(5) Subject to division (D)(1) of this section, no
legislative campaign fund shall do either of the following:
(a) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(b) Accept a contribution or contributions aggregating more
than fifteen thousand dollars from any one individual who is seven
years of age or older, from any one political action committee,
from any one political contributing entity, or from any one
campaign committee, other than a designated state campaign
committee, in a calendar year.
(6)(a) No designated state campaign committee shall accept a
transfer or contribution of cash or cash equivalents from a state
candidate fund of a state political party aggregating in a primary
election period or a general election period more than:
(i) Five hundred thousand dollars, in the case of a campaign
committee of a statewide candidate;
(ii) One hundred thousand dollars, in the case of a campaign
committee of a senate candidate;
(iii) Fifty thousand dollars, in the case of a campaign
committee of a house candidate.
(b) No designated state campaign committee shall accept a
transfer or contribution of cash or cash equivalents from a
legislative campaign fund aggregating more than:
(i) Fifty thousand dollars in a primary election period or
one hundred thousand dollars in a general election period, in the
case of a campaign committee of a senate candidate;
(ii) Twenty-five thousand dollars in a primary election
period or fifty thousand dollars in a general election period, in
the case of a campaign committee of a house candidate.
(c) No campaign committee of a candidate for the office of
member of the general assembly, including a designated state
campaign committee, shall accept a transfer or contribution of
cash or cash equivalents from any one or combination of state
candidate funds of county political parties aggregating in a
primary election period or a general election period more than:
(i) One hundred thousand dollars, in the case of a campaign
committee of a senate candidate;
(ii) Fifty thousand dollars, in the case of a campaign
committee of a house candidate.
(7)(a) Subject to division (D)(3) of this section, no
political action committee and no political contributing entity
shall do either of the following:
(i) Knowingly accept a contribution or contributions from any
individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating more
than ten thousand dollars from any one individual who is seven
years of age or older, from any one campaign committee, or from
any one political party in a calendar year.
(b) Subject to division (D)(1) of this section, no political
action committee shall accept a contribution or contributions
aggregating more than ten thousand dollars from another political
action committee or from a political contributing entity in a
calendar year. Subject to division (D)(1) of this section, no
political contributing entity shall accept a contribution or
contributions aggregating more than ten thousand dollars from
another political contributing entity or from a political action
committee in a calendar year. This division does not apply to a
political action committee or political contributing entity that
accepts a contribution from a political action committee or
political contributing entity affiliated with it. For purposes of
this division, a political action committee is affiliated with
another political action committee or with a political
contributing entity if they are both established, financed,
maintained, or controlled by the same corporation, organization,
labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that
corporation, organization, labor organization, continuing
association, or other person.
(D)(1)(a) For purposes of the limitations prescribed in
division (B)(2) of this section and the limitations prescribed in
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,
whichever is applicable, all contributions made by and all
contributions accepted from political action committees that are
established, financed, maintained, or controlled by, or that are,
the same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person, are
considered to have been made by or accepted from a single
political action committee.
(b) For purposes of the limitations prescribed in division
(B)(7) of this section and the limitations prescribed in divisions
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever
is applicable, all contributions made by and all contributions
accepted from political contributing entities that are
established, financed, maintained, or controlled by, or that are,
the same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person, are
considered to have been made by or accepted from a single
political contributing entity.
(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),
(B)(4)(a), and (C)(7) of this section, "political action
committee" does not include a political action committee that is
organized to support or oppose a ballot issue or question and that
makes no contributions to or expenditures on behalf of a political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity. As used in
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of
this section, "political contributing entity" does not include a
political contributing entity that is organized to support or
oppose a ballot issue or question and that makes no contributions
to or expenditures on behalf of a political party, campaign
committee, legislative campaign fund, political action committee,
or political contributing entity.
(3) For purposes of the limitations prescribed in divisions
(B)(4) and (C)(7)(a) of this section, all contributions made by
and all contributions accepted from a national political party, a
state political party, and a county political party are considered
to have been made by or accepted from a single political party and
shall be combined with each other to determine whether the
limitations have been exceeded.
(E)(1) If a legislative campaign fund has kept a total amount
of contributions exceeding one hundred fifty thousand dollars at
the close of business on the seventh day before the postgeneral
election statement is required to be filed under section 3517.10
of the Revised Code, the legislative campaign fund shall comply
with division (E)(2) of this section.
(2)(a) Any legislative campaign fund that has kept a total
amount of contributions in excess of the amount specified in
division (E)(1) of this section at the close of business on the
seventh day before the postgeneral election statement is required
to be filed under section 3517.10 of the Revised Code shall
dispose of the excess amount in the manner prescribed in division
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety
days after the day the postgeneral election statement is required
to be filed under section 3517.10 of the Revised Code. Any
legislative campaign fund that is required to dispose of an excess
amount of contributions under this division shall file a statement
on the ninetieth day after the postgeneral election statement is
required to be filed under section 3517.10 of the Revised Code
indicating the total amount of contributions the fund has at the
close of business on the seventh day before the postgeneral
election statement is required to be filed under section 3517.10
of the Revised Code and that the excess contributions were
disposed of pursuant to this division and division (E)(2)(b) of
this section. The statement shall be on a form prescribed by the
secretary of state and shall contain any additional information
the secretary of state considers necessary.
(b) Any legislative campaign fund that is required to dispose
of an excess amount of contributions under division (E)(2) of this
section shall dispose of that excess amount by doing any of the
following:
(i) Giving the amount to the treasurer of state for deposit
into the state treasury to the credit of the Ohio elections
commission fund created by division (I) of section 3517.152 of the
Revised Code;
(ii) Giving the amount to individuals who made contributions
to that legislative campaign fund as a refund of all or part of
their contributions;
(iii) Giving the amount to a corporation that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c) of the Internal Revenue Code.
(F)(1) No legislative campaign fund shall fail to file a
statement required by division (E) of this section.
(2) No legislative campaign fund shall fail to dispose of
excess contributions as required by division (E) of this section.
(G) Nothing in this section shall affect, be used in
determining, or supersede a limitation on campaign contributions
as provided for in the Federal Election Campaign Act.
Sec. 3517.103. (A)(1) For purposes of this section:
(a)(1) "Statewide candidate" means the joint candidates for
the offices of governor and lieutenant governor or a candidate for
the office of secretary of state, auditor of state, treasurer of
state, attorney general, or member of the state board of
education.
(b)(i)(2)(a) "Personal funds" means contributions to the
campaign committee of a candidate by the candidate or by the
candidate's spouse, parents, children, sons-in-law,
daughters-in-law, brothers, sisters, grandparents, mother-in-law,
father-in-law, brothers-in-law, sisters-in-law, or grandparents by
marriage.
(ii)(b) A loan obtained by, guaranteed by, or for the benefit
of a statewide candidate, senate candidate, or house candidate
shall be considered "personal funds" subject to the provisions of
this section and section 3517.1010 of the Revised Code to the
extent that the loan is obtained or guaranteed by the candidate or
is for the benefit of the candidate and is obtained or guaranteed
by the candidate's spouse, parents, children, sons-in-law,
daughters-in-law, brothers, sisters, grandparents, mother-in-law,
father-in-law, brothers-in-law, sisters-in-law, or grandparents by
marriage. A loan that is obtained or guaranteed and that is for
the benefit of a statewide candidate, senate candidate, or house
candidate shall not be considered "personal funds" for the
purposes of this section and section 3517.1010 of the Revised Code
but shall be considered to be a "contribution" for the purposes of
this chapter if the loan is obtained or guaranteed by anyone other
than the candidate or the candidate's spouse, parents, children,
sons-in-law, daughters-in-law, brothers, sisters, grandparents,
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or
grandparents by marriage.
(iii)(c) When a debt or other obligation incurred by a
committee or by a candidate on behalf of the candidate's committee
described in division (C)(1) or (2) of this section is to be paid
from "personal funds," those funds are considered to be expended
when the debt or other obligation is incurred, regardless of when
it is paid.
(2) For purposes of this chapter, a candidate is an
"opponent" when the candidate has indicated on the candidate's
most recently filed designation of treasurer that the candidate
seeks the same office at the same primary or general election as
another candidate whose campaign committee has filed a personal
funds notice required by division (C)(1) or (2) of this section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, no statewide candidate or candidate for the office
of member of the general assembly shall make an expenditure of
personal funds to influence the results of an election for that
candidate's nomination or election to office unless the personal
funds are first deposited into the campaign fund of that
candidate's campaign committee.
(2) A statewide candidate or candidate for the office of
member of the general assembly may make an expenditure of personal
funds without first depositing those funds into the campaign
committee's funds as long as the aggregate total of those
expenditures does not exceed five hundred dollars at any time
during an election period. After the candidate's campaign
committee reimburses the candidate for any direct expenditure of
personal funds, the amount that was reimbursed is no longer
included in the aggregate total of expenditures of personal funds
subject to the five-hundred-dollar limit.
(C)(1) If the campaign committee of any statewide candidate
has received or expended or expects to expend more than one
hundred thousand dollars of personal funds during a primary
election period or one hundred fifty thousand dollars of personal
funds during a general election period, the campaign committee
shall file a personal funds notice in the manner provided in
division (C)(3) of this section indicating that the committee has
received or expended or expects to expend more than that amount.
For the purpose of this division, a joint team of candidates for
governor and lieutenant governor shall be considered a single
candidate and their personal funds shall be combined.
(2) If the campaign committee of any senate candidate or
house candidate has received or expended or expects to expend more
than twenty-five thousand dollars of personal funds during a
primary election period or twenty-five thousand dollars of
personal funds during a general election period, the campaign
committee shall file a personal funds notice in the manner
provided in division (C)(3) of this section indicating that the
committee has received or expended or expects to expend more than
that amount.
(3) The personal funds notice required in divisions (C)(1)
and (2) of this section and the declaration of no limits required
under division (D)(2) of this section shall be on a form
prescribed by the secretary of state. The personal funds notice
required in divisions (C)(1) and (2) of this section shall be
filed not later than the earlier of the following times:
(a) One hundred twenty days before a primary election, in the
case of personal funds received, expended, or expected to be
expended during a primary election period, or not later than one
hundred twenty days before a general election, in the case of
personal funds received, expended, or expected to be expended
during a general election period;
(b) Two business days after the candidate's campaign
committee receives or makes an expenditure of personal funds or
the candidate makes an expenditure of personal funds on behalf of
the candidate's campaign committee during that election period
that exceed, in the aggregate, the amount specified in division
(C)(1) or (2) of this section.
The personal funds notice required under divisions (C)(1) and
(2) of this section and the declaration of no limits required
under division (D)(2) of this section shall be filed wherever the
campaign committee files statements of contributions and
expenditures under section 3517.11 of the Revised Code. The board
of elections shall send to the secretary of state a copy of any
personal funds notice or declaration of no limits filed by the
campaign committee of a senate candidate or house candidate under
division (C)(3) or (D)(2) of this section.
(D)(1) Whenever a campaign committee files a notice under
division (C)(1) or (2) of this section, and the campaign committee
of an opponent files a declaration of no limits pursuant to
division (D)(2) of this section within thirty days of the filing
of the personal funds notice under division (C)(1) or (2) of this
section, the contribution limitations prescribed in section
3517.102 of the Revised Code no longer apply to the campaign
committee of the candidate's opponent.
(2) No campaign committee of a candidate described in
division (D)(1) of this section shall accept any contribution or
contributions from a contributor that exceed the limitations
prescribed in section 3517.102 of the Revised Code until the
committee files a declaration that the committee will accept
contributions that exceed those limitations. This declaration
shall be filed not later than thirty days after a candidate's
opponent has filed a personal funds notice pursuant to division
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be
referred to as the "declaration of no limits," and shall list all
of the following:
(a) The amount of cash on hand in the candidate's campaign
fund at the end of the day immediately preceding the day on which
the candidate's campaign committee files the declaration of no
limits;
(b) The value and description of all campaign assets worth
five hundred dollars or more available to the candidate at the end
of the day immediately preceding the day on which the candidate's
campaign committee files the declaration of no limits.
(3) A candidate who was not an opponent of a candidate who
filed the personal funds notice required under division (C)(3) of
this section on the date the personal funds notice was filed may
file the declaration of no limits pursuant to division (D)(2) of
this section within thirty days after becoming an opponent of the
candidate who filed the personal funds notice.
(4) If the candidate whose campaign committee filed a
personal funds notice under division (C)(1) or (2) of this section
fails to file a declaration of candidacy for the office listed on
the designation of treasurer filed under division (D) of section
3517.10 of the Revised Code or files a declaration of candidacy or
nominating petition for that office and dies or withdraws, both of
the following apply to the campaign committee of that candidate's
opponent if the opponent has filed a declaration of no limits
pursuant to division (D) of this section:
(a) No contribution from a contributor may thereafter be
accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor
during the primary election period or general election period,
whichever is applicable, would cause that committee to exceed the
contribution limitations prescribed in section 3517.102 of the
Revised Code for the applicable election period.
(b) The statement of primary-day finances or the year-end
statement required to be filed under division (E) of section
3517.1010 of the Revised Code shall be filed not later than
fourteen days after the date the candidate's opponent fails to
file a declaration of candidacy or nominating petition by the
appropriate filing deadline, or dies or withdraws. For purposes of
calculating permitted funds under division (A)(4) of section
3517.1010 of the Revised Code, the primary or general election
period, whichever is applicable, shall be considered to have ended
on the filing deadline, in the case of an opponent who fails to
file a declaration of candidacy or nominating petition, or on the
date of the opponent's death or withdrawal. In such an event, the
filing of a statement of primary-day finances or year-end finances
and the disposing of any excess funds as required under division
(B) of section 3517.1010 of the Revised Code satisfies the
candidate's obligation to file such a statement for that election
period.
(E)(1) No campaign committee shall fail to file a personal
funds notice as required under division (C)(1) or (2) of this
section.
(2) No campaign committee shall accept any contribution in
excess of the contribution limitations prescribed in section
3517.102 of the Revised Code:
(a) Unless a declaration of no limits has been filed under
division (D)(2) of this section;
(b) In violation of division (D)(4) of this section once the
candidate who filed a personal funds notice under division (C)(3)
of this section fails to file a declaration of candidacy or
nominating petition or that candidate dies or withdraws.
(3) No campaign committee that violates division (E)(1) of
this section shall expend any personal funds in excess of the
amount specified in division (C)(1) or (2) of this section,
whichever is appropriate to the committee.
(4) The candidate of any campaign committee that violates
division (E) of this section shall forfeit the candidate's
nomination, if the candidate was nominated, or the office to which
the candidate was elected, if the candidate was elected to office.
(F)(1) Whenever a campaign committee files a notice under
division (C)(1) or (2) of this section or whenever the
contribution limitations prescribed in section 3517.102 of the
Revised Code do not apply to a campaign committee under division
(D)(1) of this section, that committee is not a designated state
campaign committee for the purpose of the limitations prescribed
in section 3517.102 of the Revised Code with regard to
contributions made by that campaign committee to a legislative
campaign fund or to a state candidate fund of a state or county
political party.
(2) Division (F)(1) of this section no longer applies to a
campaign committee after both of the following occur:
(a) The primary or general election period during which the
contribution limitations prescribed in section 3517.102 of the
Revised Code did not apply after being removed pursuant to
division (D) of this section has expired;
(b) When the campaign committee has disposed of all excess
funds and excess aggregate contributions as required under section
3517.1010 of the Revised Code.
Sec. 3517.106. (A) As used in this section:
(1) "Statewide office" means any of the offices of governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general, chief justice of the supreme
court, and justice of the supreme court.
(2) "Addendum to a statement" includes an amendment or other
correction to that statement.
(B)(1) The secretary of state shall store on computer the
information contained in statements of contributions and
expenditures and monthly statements required to be filed under
section 3517.10 of the Revised Code and in statements of
independent expenditures required to be filed under section
3517.105 of the Revised Code by any of the following:
(a) The campaign committees of candidates for statewide
office;
(b) The political action committees and political
contributing entities described in division (A)(1) of section
3517.11 of the Revised Code;
(c) Legislative campaign funds;
(d) State political parties;
(e) Individuals, partnerships, corporations, labor
organizations, or other entities that make independent
expenditures in support of or opposition to a statewide candidate
or a statewide ballot issue or question;
(f) The campaign committees of candidates for the office of
member of the general assembly;
(g) County political parties, with respect to their state
candidate funds.
(2) The secretary of state shall store on computer the
information contained in disclosure of electioneering
communications statements required to be filed under section
3517.1011 of the Revised Code.
(3) The secretary of state shall store on computer the
information contained in deposit and disbursement statements
required to be filed with the office of the secretary of state
under section 3517.1012 of the Revised Code.
(4) The secretary of state shall store on computer the gift
and disbursement information contained in statements required to
be filed with the office of the secretary of state under section
3517.1013 of the Revised Code.
(5) The secretary of state shall store on computer the
information contained in donation and disbursement statements
required to be filed with the office of the secretary of state
under section 3517.1014 of the Revised Code.
(C)(1) The secretary of state shall make available to the
campaign committees, political action committees, political
contributing entities, legislative campaign funds, political
parties, individuals, partnerships, corporations, labor
organizations, treasurers of transition funds, and other entities
described in division (B) of this section, and to members of the
news media and other interested persons, for a reasonable fee,
computer programs that are compatible with the secretary of
state's method of storing the information contained in the
statements.
(2) The secretary of state shall make the information
required to be stored under division (B) of this section available
on computer at the secretary of state's office so that, to the
maximum extent feasible, individuals may obtain at the secretary
of state's office any part or all of that information for any
given year, subject to the limitation expressed in division (D) of
this section.
(D) The secretary of state shall keep the information stored
on computer under division (B) of this section for at least six
years.
(E)(1) Subject to division (L) of this section and subject to
the secretary of state having implemented, tested, and verified
the successful operation of any system the secretary of state
prescribes pursuant to division (H)(1) of this section and
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code for the filing of campaign finance statements by electronic
means of transmission, the campaign committee of each candidate
for statewide office may file the statements prescribed by section
3517.10 of the Revised Code by electronic means of transmission
or, if the total amount of the contributions received or the total
amount of the expenditures made by the campaign committee for the
applicable reporting period as specified in division (A) of
section 3517.10 of the Revised Code exceeds ten thousand dollars,
shall file those statements by electronic means of transmission.
Except as otherwise provided in this division, within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by electronic or other means of transmission, the secretary
of state shall make available online to the public through the
internet, as provided in division (I) of this section, the
contribution and expenditure information in that statement. The
secretary of state shall not make available online to the public
through the internet any contribution or expenditure information
contained in a statement for any candidate until the secretary of
state is able to make available online to the public through the
internet the contribution and expenditure information for all
candidates for a particular office, or until the applicable filing
deadline for that statement has passed, whichever is sooner. As
soon as the secretary of state has available all of the
contribution and expenditure information for all candidates for a
particular office, or as soon as the applicable filing deadline
for a statement has passed, whichever is sooner, the secretary of
state shall simultaneously make available online to the public
through the internet the information for all candidates for that
office.
If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign
committee shall file by electronic means of transmission any
addendum to the statement that provides the information necessary
to complete or correct the statement or, if required by the
secretary of state under that division, an amended statement.
Within five business days after the secretary of state
receives from a campaign committee of a candidate for statewide
office an addendum to the statement or an amended statement by
electronic or other means of transmission under this division or
division (B)(3)(a) of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution and expenditure
information in the addendum or amended statement available online
to the public through the internet as provided in division (I) of
this section.
(2) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to division (H)(1) of this
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code for the filing of campaign finance statements by
electronic means of transmission, a political action committee and
a political contributing entity described in division (B)(1)(b) of
this section, a legislative campaign fund, and a state political
party may file the statements prescribed by section 3517.10 of the
Revised Code by electronic means of transmission or, if the total
amount of the contributions received or the total amount of the
expenditures made by the political action committee, political
contributing entity, legislative campaign fund, or state political
party for the applicable reporting period as specified in division
(A) of section 3517.10 of the Revised Code exceeds ten thousand
dollars, shall file those statements by electronic means of
transmission.
Within five business days after a statement filed by a
political action committee or a political contributing entity
described in division (B)(1)(b) of this section, a legislative
campaign fund, or a state political party is received by the
secretary of state by electronic or other means of transmission,
the secretary of state shall make available online to the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement.
If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the political
action committee, political contributing entity, legislative
campaign fund, or state political party shall file by electronic
means of transmission any addendum to the statement that provides
the information necessary to complete or correct the statement or,
if required by the secretary of state under that division, an
amended statement.
Within five business days after the secretary of state
receives from a political action committee or a political
contributing entity described in division (B)(1)(b) of this
section, a legislative campaign fund, or a state political party
an addendum to the statement or an amended statement by electronic
or other means of transmission under this division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum or amended statement available online to the public
through the internet as provided in division (I) of this section.
(3) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to division (H)(1) of this
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code for the filing of campaign finance statements by
electronic means of transmission, a county political party shall
file the statements prescribed by section 3517.10 of the Revised
Code with respect to its state candidate fund by electronic means
of transmission to the office of the secretary of state.
Within five business days after a statement filed by a county
political party with respect to its state candidate fund is
received by the secretary of state by electronic means of
transmission, the secretary of state shall make available online
to the public through the internet, as provided in division (I) of
this section, the contribution and expenditure information in that
statement.
If a statement is found to be incomplete or inaccurate after
the examination of the statement for completeness and accuracy
pursuant to division (B)(3)(a) of section 3517.11 of the Revised
Code, a county political party shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from a county political party an addendum to the
statement or an amended statement by electronic means of
transmission under this division or division (B)(3)(a) of section
3517.11 of the Revised Code, the secretary of state shall make the
contribution and expenditure information in the addendum or
amended statement available online to the public through the
internet as provided in division (I) of this section.
(F)(1) Subject to division (L) of this section and subject to
the secretary of state having implemented, tested, and verified
the successful operation of any system the secretary of state
prescribes pursuant to division (H)(1) of this section and
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code for the filing of campaign finance statements by electronic
means of transmission, a campaign committee of a candidate for the
office of member of the general assembly or a campaign committee
of a candidate for the office of judge of a court of appeals may
file the statements prescribed by section 3517.10 of the Revised
Code in accordance with division (A)(2) of section 3517.11 of the
Revised Code or by electronic means of transmission to the office
of the secretary of state or, if the total amount of the
contributions received by the campaign committee for the
applicable reporting period as specified in division (A) of
section 3517.10 of the Revised Code exceeds ten thousand dollars,
shall file those statements by electronic means of transmission to
the office of the secretary of state.
Except as otherwise provided in this division, within five
business days after a statement filed by a campaign committee of a
candidate for the office of member of the general assembly or a
campaign committee of a candidate for the office of judge of a
court of appeals is received by the secretary of state by
electronic or other means of transmission, the secretary of state
shall make available online to the public through the internet, as
provided in division (I) of this section, the contribution and
expenditure information in that statement. The secretary of state
shall not make available online to the public through the internet
any contribution or expenditure information contained in a
statement for any candidate until the secretary of state is able
to make available online to the public through the internet the
contribution and expenditure information for all candidates for a
particular office, or until the applicable filing deadline for
that statement has passed, whichever is sooner. As soon as the
secretary of state has available all of the contribution and
expenditure information for all candidates for a particular
office, or as soon as the applicable filing deadline for a
statement has passed, whichever is sooner, the secretary of state
shall simultaneously make available online to the public through
the internet the information for all candidates for that office.
If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign
committee shall file by electronic means of transmission to the
office of the secretary of state any addendum to the statement
that provides the information necessary to complete or correct the
statement or, if required by the secretary of state under that
division, an amended statement.
Within five business days after the secretary of state
receives from a campaign committee of a candidate for the office
of member of the general assembly or a campaign committee of a
candidate for the office of judge of a court of appeals an
addendum to the statement or an amended statement by electronic or
other means of transmission under this division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum or amended statement available online to the public
through the internet as provided in division (I) of this section.
(2) If a statement, addendum, or amended statement is not
filed by electronic means of transmission to the office of the
secretary of state but is filed by printed version only under
division (A)(2) of section 3517.11 of the Revised Code with the
appropriate board of elections, the campaign committee of a
candidate for the office of member of the general assembly or a
campaign committee of a candidate for the office of judge of a
court of appeals shall file two copies of the printed version of
the statement, addendum, or amended statement with the board of
elections. The board of elections shall send one of those copies
by certified mail or an electronic copy to the secretary of state
before the close of business on the day the board of elections
receives the statement, addendum, or amended statement.
(G) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to division (H)(1) of this
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code for the filing of campaign finance statements by
electronic means of transmission, any individual, partnership, or
other entity that makes independent expenditures in support of or
opposition to a statewide candidate or a statewide ballot issue or
question as provided in division (B)(2)(b) or (C)(2)(b) of section
3517.105 of the Revised Code may file the statement specified in
that division by electronic means of transmission or, if the total
amount of independent expenditures made during the reporting
period under that division exceeds ten thousand dollars, shall
file the statement specified in that division by electronic means
of transmission.
Within five business days after a statement filed by an
individual, partnership, or other entity is received by the
secretary of state by electronic or other means of transmission,
the secretary of state shall make available online to the public
through the internet, as provided in division (I) of this section,
the expenditure information in that statement.
If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from an individual, partnership, or other entity
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105
of the Revised Code an addendum to the statement or an amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of the Revised
Code, the secretary of state shall make the expenditure
information in the addendum or amended statement available online
to the public through the internet as provided in division (I) of
this section.
(H)(1) The secretary of state, by rule adopted pursuant to
section 3517.23 of the Revised Code, shall prescribe one or more
techniques by which a person who executes and transmits by
electronic means a statement of contributions and expenditures, a
statement of independent expenditures, a disclosure of
electioneering communications statement, a deposit and
disbursement statement, a gift and disbursement statement, or a
donation and disbursement statement, an addendum to any of those
statements, an amended statement of contributions and
expenditures, an amended statement of independent expenditures, an
amended disclosure of electioneering communications statement, an
amended deposit and disbursement statement, an amended gift and
disbursement statement, or an amended donation and disbursement
statement, under this section or section 3517.10, 3517.105,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code
shall electronically sign the statement, addendum, or amended
statement. Any technique prescribed by the secretary of state
pursuant to this division shall create an electronic signature
that satisfies all of the following:
(a) It is unique to the signer.
(b) It objectively identifies the signer.
(c) It involves the use of a signature device or other means
or method that is under the sole control of the signer and that
cannot be readily duplicated or compromised.
(d) It is created and linked to the electronic record to
which it relates in a manner that, if the record or signature is
intentionally or unintentionally changed after signing, the
electronic signature is invalidated.
(2) An electronic signature prescribed by the secretary of
state under division (H)(1) of this section shall be attached to
or associated with the statement of contributions and
expenditures, the statement of independent expenditures, the
disclosure of electioneering communications statement, the deposit
and disbursement statement, the gift and disbursement statement,
or the donation and disbursement statement, the addendum to any of
those statements, the amended statement of contributions and
expenditures, the amended statement of independent expenditures,
the amended disclosure of electioneering communications statement,
the amended deposit and disbursement statement, the amended gift
and disbursement statement, or the amended donation and
disbursement statement that is executed and transmitted by
electronic means by the person to whom the electronic signature is
attributed. The electronic signature that is attached to or
associated with the statement, addendum, or amended statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had been handwritten in ink on a printed form.
(I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and
disbursement, the gift and disbursement, or the donation and
disbursement information in all statements, all addenda to the
statements, and all amended statements that are filed with the
secretary of state by electronic or other means of transmission
under this section or section 3517.10, 3517.105, 3517.1011,
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code
available online to the public by any means that are searchable,
viewable, and accessible through the internet.
(J)(1) As used in this division, "library" means a library
that is open to the public and that is one of the following:
(a) A library that is maintained and regulated under section
715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated
under Chapter 3375. of the Revised Code.
(2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, gift and disbursement, or donation and disbursement
information in campaign finance statements required to be made
available online to the public through the internet pursuant to
division (I) of this section may be accessed.
If that location is part of the world wide web and if the
secretary of state has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission pursuant to division (H)(1) of this section and
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code includes filing those statements through the internet via the
world wide web, the secretary of state shall notify all libraries
of the world wide web location at which those statements may be
filed.
If those statements may be filed through the internet via the
world wide web and if the secretary of state has notified a
library of that world wide web location as required by this
division, the library shall include a link to that world wide web
location on each internet-connected computer it maintains that is
accessible to the public.
(K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee, political contributing entity, legislative campaign
fund, or political party, any individual, partnership, or other
entity, any person making disbursements to pay the direct costs of
producing or airing electioneering communications, or any
treasurer of a transition fund, for the failure to file by
electronic means of transmission a campaign finance statement as
required by this section or section 3517.10, 3517.105, 3517.1011,
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of
the following apply to the campaign committee, political action
committee, political contributing entity, legislative campaign
fund, or political party, the individual, partnership, or other
entity, the person making disbursements to pay the direct costs of
producing or airing electioneering communications, or the
treasurer of a transition fund that failed to so file:
(1) The campaign committee, political action committee,
political contributing entity, legislative campaign fund, or
political party, the individual, partnership, or other entity, the
person making disbursements to pay the direct costs of producing
or airing electioneering communications, or the treasurer of a
transition fund attempted to file by electronic means of
transmission the required statement prior to the deadline set
forth in the applicable section.
(2) The campaign committee, political action committee,
political contributing entity, legislative campaign fund, or
political party, the individual, partnership, or other entity, the
person making disbursements to pay the direct costs of producing
or airing electioneering communications, or the treasurer of a
transition fund was unable to file by electronic means of
transmission due to an expected or unexpected shutdown of the
whole or part of the electronic campaign finance statement-filing
system, such as for maintenance or because of hardware, software,
or network connection failure.
(3) The campaign committee, political action committee,
political contributing entity, legislative campaign fund, or
political party, the individual, partnership, or other entity, the
person making disbursements to pay the direct costs of producing
or airing electioneering communications, or the treasurer of a
transition fund filed by electronic means of transmission the
required statement within a reasonable period of time after being
unable to so file it under the circumstance described in division
(K)(2) of this section.
(L)(1) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code to permit a campaign committee of
a candidate for statewide office that makes expenditures of less
than twenty-five thousand dollars during the filing period or a
campaign committee for the office of member of the general
assembly or the office of judge of a court of appeals that would
otherwise be required to file campaign finance statements by
electronic means of transmission under division (E) or (F) of this
section to file those statements by paper with the office of the
secretary of state. Those rules shall provide for all of the
following:
(a) An eligible campaign committee that wishes to file a
campaign finance statement by paper instead of by electronic means
of transmission shall file the statement on paper with the office
of the secretary of state not sooner than twenty-four hours after
the end of the filing period set forth in section 3517.10 of the
Revised Code that is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount
of which the secretary of state shall determine by rule. The
amount of the fee established under this division shall not exceed
the data entry and data verification costs the secretary of state
will incur to convert the information on the statement to an
electronic format as required under division (I) of this section.
(c) The secretary of state shall arrange for the information
in campaign finance statements filed pursuant to division (L) of
this section to be made available online to the public through the
internet in the same manner, and at the same times, as information
is made available under divisions (E), (F), and (I) of this
section for candidates whose campaign committees file those
statements by electronic means of transmission.
(d) The candidate of an eligible campaign committee that
intends to file a campaign finance statement pursuant to division
(L) of this section shall file a notice indicating that the
candidate's campaign committee intends to so file and stating that
filing the statement by electronic means of transmission would
constitute a hardship for the candidate or for the eligible
campaign committee.
(e) An eligible campaign committee that files a campaign
finance statement on paper pursuant to division (L) of this
section shall review the contribution and information made
available online by the secretary of state with respect to that
paper filing and shall notify the secretary of state of any errors
with respect to that filing that appear in the data made available
on that web site.
(f) If an eligible campaign committee whose candidate has
filed a notice in accordance with rules adopted under division
(L)(1)(d) of this section subsequently fails to file that
statement on paper by the applicable deadline established in rules
adopted under division (L)(1)(a) of this section, penalties for
the late filing of the campaign finance statement shall apply to
that campaign committee for each day after that paper filing
deadline, as if the campaign committee had filed the statement
after the applicable deadline set forth in division (A) of section
3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would
otherwise be required to file campaign finance statements by
electronic means of transmission to file those statements on paper
with the office of the secretary of state that is required to be
developed under division (L)(1) of this section shall be in effect
and available for use by eligible campaign committees for all
campaign finance statements that are required to be filed on or
after June 30, 2005. Notwithstanding any provision of the Revised
Code to the contrary, if the process the secretary of state is
required to develop under division (L)(1) of this section is not
in effect and available for use on and after June 30, 2005, all
penalties for the failure of campaign committees to file campaign
finance statements by electronic means of transmission shall be
suspended until such time as that process is in effect and
available for use.
(3) Notwithstanding any provision of the Revised Code to the
contrary, any eligible campaign committee that files campaign
finance statements on paper with the office of the secretary of
state pursuant to division (L)(1) of this section shall be deemed
to have filed those campaign finance statements by electronic
means of transmission to the office of the secretary of state.
Sec. 3517.107. (A) As used in this section, "federal
political committee" means a political committee, as defined in
the Federal Election Campaign Act, that is registered with the
federal election commission under that act.
(B) Any federal political committee may make contributions,
expenditures, or independent expenditures from its federal account
in connection with any state or local election in Ohio. Prior to
making any such contribution, expenditure, or independent
expenditure, the federal political committee shall register with
the secretary of state by filing a copy of its most recent federal
statement of organization. A federal political committee
registered with the secretary of state under this division shall
file with the secretary of state any amendment to its statement of
organization that is required under the Federal Election Campaign
Act to be reported to the federal election commission.
(C) When, during any federal reporting period under the
Federal Election Campaign Act, a federal political committee makes
a contribution, expenditure, or independent expenditure from its
federal account in connection with a state or local election in
Ohio, the committee shall file with the secretary of state not
later than the date on which its report is required to be filed
with the appropriate federal office or officer under the Federal
Election Campaign Act, copies of the following pages from that
report:
(2) The detailed summary page;
(3) The page or pages that contain an itemized list of the
contributions, expenditures, and independent expenditures made in
connection with state and local elections in Ohio.
The total amount of contributions, expenditures, and
independent expenditures made in connection with state and local
elections in Ohio shall be reflected on the summary page or on a
form that the secretary of state shall prescribe.
(D) When, during any calendar year, a federal political
committee makes a contribution from its federal account in
connection with a state or local election in Ohio to a state or
local political action committee that is required under section
3517.11 of the Revised Code to file any statement prescribed by
section 3517.10 of the Revised Code, and the federal political
committee and state or local political action committee are
established, financed, maintained, or controlled by the same
corporation, organization, continuing association, or other
person, including any parent, subsidiary, division, department, or
unit of that corporation, organization, continuing association, or
other person, the federal political committee shall file a
statement with the secretary of state not later than the last
business day of January of the next calendar year. The statement
shall be on a form prescribed by the secretary of state and shall
include a list of the names and addresses of contributors that are
residents of Ohio that made contributions to the federal political
committee during the calendar year covered by the statement and,
for each name listed, the aggregate total amount contributed by
each contributor during the reporting period.
(E) The filing requirements of divisions (B) and (C) of this
section shall not apply to the federal political committee of a
member of, or a candidate to become a member of, the United States
congress representing Ohio or any district in Ohio.
Sec. 3517.1011. (A) As used in this section:
(1) "Address" has the same meaning as in section 3517.10 of
the Revised Code.
(2) "Broadcast, cable, or satellite communication" means a
communication that is publicly distributed by a television
station, radio station, cable television system, or satellite
system.
(3) "Candidate" has the same meaning as in section 3501.01 of
the Revised Code;.
(4) "Contribution" means any loan, gift, deposit, forgiveness
of indebtedness, donation, advance, payment, or transfer of funds
or of anything of value, including a transfer of funds from an
inter vivos or testamentary trust or decedent's estate, and the
payment by any person other than the person to whom the services
are rendered for the personal services of another person, that is
made, received, or used to pay the direct costs of producing or
airing electioneering communications.
(5)(a) "Coordinated electioneering communication" means any
electioneering communication that is made pursuant to any
arrangement, coordination, or direction by a candidate or a
candidate's campaign committee, by an officer, agent, employee, or
consultant of a candidate or a candidate's campaign committee, or
by a former officer, former agent, former employee, or former
consultant of a candidate or a candidate's campaign committee
prior to the airing, broadcasting, or cablecasting of the
communication. An electioneering communication is presumed to be a
"coordinated electioneering communication" when it is either of
the following:
(i) Based on information about a candidate's plans, projects,
or needs provided to the person making the disbursement by the
candidate or the candidate's campaign committee, by an officer,
agent, employee, or consultant of the candidate or the candidate's
campaign committee, or by a former officer, former agent, former
employee, or former consultant of the candidate or the candidate's
campaign committee, with a view toward having the communication
made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds on behalf of a candidate or
the candidate's campaign committee, who is, or has been, an
officer, agent, employee, or consultant of the candidate or of the
candidate's campaign committee, or who is, or has been, receiving
any form of compensation or reimbursement from the candidate or
the candidate's campaign committee or from an officer, agent,
employee, or consultant of the candidate or of the candidate's
campaign committee.
(b) An electioneering communication shall not be presumed to
be a "coordinated electioneering communication" under division
(A)(5)(a)(ii) of this section if the communication is made through
any person who provides a service that does not affect the content
of the communication, such as communications placed through the
efforts of a media buyer, unless that person also affects the
content of the communication.
(6) "Disclosure date" means both of the following:
(a) The first date during any calendar year by which a person
makes disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of ten
thousand dollars;
(b) The same day of the week of each remaining week in the
same calendar year as the day of the week of the initial
disclosure date established under division (A)(6)(a) of this
section, if, during that remaining week, the person makes
disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of one dollar.
(7)(a) "Electioneering communication" means any broadcast,
cable, or satellite communication that refers to a clearly
identified candidate and that is made during either of the
following periods of time:
(i) If the person becomes a candidate before the day of the
primary election at which candidates will be nominated for
election to that office, between the date that the person becomes
a candidate and the thirtieth day prior to that primary election,
and between the date of the primary election and the thirtieth day
prior to the general election at which a candidate will be elected
to that office;
(ii) If the person becomes a candidate after the day of the
primary election at which candidates were nominated for election
to that office, between the date of the primary election and the
thirtieth day prior to the general election at which a candidate
will be elected to that office.
(b) "Electioneering communication" does not include any of
the following:
(i) A communication that is publicly disseminated through a
means of communication other than a broadcast, cable, or satellite
television or radio station. For example, "electioneering
communication" does not include communications appearing in print
media, including a newspaper or magazine, handbill, brochure,
bumper sticker, yard sign, poster, billboard, and other written
materials, including mailings; communications over the internet,
including electronic mail; or telephone communications.
(ii) A communication that appears in a news story,
commentary, public service announcement, bona fide news
programming, or editorial distributed through the facilities of
any broadcast, cable, or satellite television or radio station,
unless those facilities are owned or controlled by any political
party, political committee, or candidate;
(iii) A communication that constitutes an expenditure or an
independent expenditure under section 3517.01 of the Revised Code;
(iv) A communication that constitutes a candidate debate or
forum or that solely promotes a candidate debate or forum and is
made by or on behalf of the person sponsoring the debate or forum.
(8) "Filing date" has the same meaning as in section 3517.109
of the Revised Code.
(9) "Immigration and Nationality Act" means the Immigration
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,
as amended.
(10) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any political organization considered
exempt from income taxation under section 527 of the Internal
Revenue Code.
(11) "Political committee" means any of the following:
(a) Any committee, club, association, or other group of
persons that receives contributions aggregating in excess of one
thousand dollars during a calendar year or that makes expenditures
aggregating in excess of one thousand dollars during a calendar
year;
(b) Any separate segregated fund;
(c) Any state, county, or local committee of a political
party that does any of the following:
(i) Receives contributions aggregating in excess of five
thousand dollars during a calendar year;
(ii) Makes payments that do not constitute contributions or
expenditures aggregating in excess of five thousand dollars during
a calendar year;
(iii) Makes contributions or expenditures aggregating in
excess of one thousand dollars during a calendar year.
(12) "Publicly distributed" means aired, broadcast,
cablecast, or otherwise disseminated for a fee.
(13) "Refers to a clearly identified candidate" means that
the candidate's name, nickname, photograph, or drawing appears, or
the identity of the candidate is otherwise apparent through an
unambiguous reference to the person such as "the chief justice,"
"the governor," "member of the Ohio senate," "member of the Ohio
house of representatives," "county auditor," "mayor," or "township
trustee" or through an unambiguous reference to the person's
status as a candidate.
(B) For the purposes of this section, a person shall be
considered to have made a disbursement if the person has entered
into a contract to make the disbursement.
(C) Any person intending to make a disbursement or
disbursements for the direct costs of producing or airing
electioneering communications, prior to making the first
disbursement for the direct costs of producing or airing an
electioneering communication, shall file a notice with the office
of the secretary of state that the person is intending to make
such disbursements.
(D)(1) Every person that makes a disbursement or
disbursements for the direct costs of producing and airing
electioneering communications aggregating in excess of ten
thousand dollars during any calendar year shall file, within
twenty-four hours of each disclosure date, a disclosure of
electioneering communications statement containing the following
information:
(a) The full name and address of the person making the
disbursement, of any person sharing or exercising direction or
control over the activities of the person making the disbursement,
and of the custodian of the books and accounts of the person
making the disbursement;
(b) The principal place of business of the person making the
disbursement, if not an individual;
(c) The amount of each disbursement of more than one dollar
during the period covered by the statement and the identity of the
person to whom the disbursement was made;
(d) The nominations or elections to which the electioneering
communications pertain and the names, if known, of the candidates
identified or to be identified;
(e) If the disbursements were paid out of a segregated bank
account that consists of funds contributed solely by individuals
who are United States citizens or nationals or lawfully admitted
for permanent residence as defined in section 101(a)(20) of the
Immigration and Nationality Act directly to the account for
electioneering communications, the information specified in
division (D)(2) of this section for all contributors who
contributed an aggregate amount of two hundred dollars or more to
the segregated bank account and whose contributions were used for
making the disbursement or disbursements required to be reported
under division (D) of this section during the period covered by
the statement. Nothing in this division prohibits or shall be
construed to prohibit the use of funds in such a segregated bank
account for a purpose other than electioneering communications.
(f) If the disbursements were paid out of funds not described
in division (D)(1)(e) of this section, the information specified
in division (D)(2) of this section for all contributors who
contributed an aggregate amount of two hundred dollars or more to
the person making the disbursement and whose contributions were
used for making the disbursement or disbursements required to be
reported under division (D) of this section during the period
covered by the statement.
(2) For each contributor for which information is required to
be reported under division (D)(1)(e) or (f) of this section, all
of the following shall be reported:
(a) The month, day, and year that the contributor made the
contribution or contributions aggregating two hundred dollars or
more;
(b)(i) The full name and address of the contributor, and, if
the contributor is a political action committee, the registration
number assigned to the political action committee under division
(D)(1) of section 3517.10 of the Revised Code;
(ii) If the contributor is an individual, the name of the
individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any;
(iii) If the contribution is transmitted pursuant to section
3599.031 of the Revised Code from amounts deducted from the wages
and salaries of two or more employees that exceed in the aggregate
one hundred dollars during the period specified in division
(D)(1)(e) or (f) of this section, as applicable, the full name of
the employees' employer and the full name of the labor
organization of which the employees are members, if any.
(c) A description of the contribution, if other than money;
(d) The value in dollars and cents of the contribution.
(3) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to divisions (C)(6)(b) and
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106
of the Revised Code for the filing of campaign finance statements
by electronic means of transmission, a person shall file the
disclosure of electioneering communications statement prescribed
under divisions (D)(1) and (2) of this section by electronic means
of transmission to the office of the secretary of state.
Within five business days after the secretary of state
receives a disclosure of electioneering communications statement
under this division, the secretary of state shall make available
online to the public through the internet, as provided in division
(I) of section 3517.106 of the Revised Code, the contribution and
disbursement information in that statement.
If a filed disclosure of electioneering communications
statement is found to be incomplete or inaccurate after its
examination for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall
file by electronic means of transmission to the office of the
secretary of state any addendum, amendment, or other correction to
the statement that provides the information necessary to complete
or correct the statement or, if required by the secretary of state
under that division, an amended statement.
Within five business days after the secretary of state
receives an addendum, amendment, or other correction to a
disclosure of electioneering communications statement or an
amended statement by electronic means of transmission under this
division or division (B)(3)(a) of section 3517.11 of the Revised
Code, the secretary of state shall make the contribution and
disbursement information in the addendum, amendment, or other
correction to the statement or amended statement available online
to the public through the internet as provided in division (I) of
section 3517.106 of the Revised Code.
(E)(1) Any person who makes a contribution for the purpose of
funding the direct costs of producing or airing an electioneering
communication under this section shall provide the person's full
name and address to the recipient of the contribution at the time
the contribution is made.
(2) Any individual who makes a contribution or contributions
aggregating two hundred dollars or more for the purpose of funding
the direct costs of producing or airing an electioneering
communication under this section shall provide the name of the
individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any, to the recipient of the
contribution at the time the contribution is made.
(F) In each electioneering communication, a statement shall
appear or be presented in a clear and conspicuous manner that does
both of the following:
(1) Clearly indicates that the electioneering communication
is not authorized by the candidate or the candidate's campaign
committee;
(2) Clearly identifies the person making the disbursement for
the electioneering communication in accordance with section
3517.20 of the Revised Code.
(G) Any coordinated electioneering communication is an
in-kind contribution, subject to the applicable contribution
limits prescribed in section 3517.102 of the Revised Code, to the
candidate by the person making disbursements to pay the direct
costs of producing or airing the communication.
(H) No person shall make, during the thirty days preceding a
primary election or during the thirty days preceding a general
election, any broadcast, cable, or satellite communication that
refers to a clearly identified candidate using any contributions
received from a corporation or labor organization.
Sec. 3517.11. (A)(1) Campaign committees of candidates for
statewide office or the state board of education, political action
committees or political contributing entities that make
contributions to campaign committees of candidates that are
required to file the statements prescribed by section 3517.10 of
the Revised Code with the secretary of state, political action
committees or political contributing entities that make
contributions to campaign committees of candidates for member of
the general assembly, political action committees or political
contributing entities that make contributions to state and
national political parties and to legislative campaign funds,
political action committees or political contributing entities
that receive contributions or make expenditures in connection with
a statewide ballot issue, political action committees or political
contributing entities that make contributions to other political
action committees or political contributing entities, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds, and state and
national political parties shall file the statements prescribed by
section 3517.10 of the Revised Code with the secretary of state.
(2)(a) Except as otherwise provided in division (F) of
section 3517.106 of the Revised Code, campaign committees of
candidates for all other offices shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections where their candidates are required to file their
petitions or other papers for nomination or election.
(b) A campaign committee of a candidate for office of member
of the general assembly or a campaign committee of a candidate for
the office of judge of a court of appeals shall file two copies of
the printed version of any statement, addendum, or amended
statement if the committee does not file pursuant to division
(F)(1) or (L) of section 3517.106 of the Revised Code but files by
printed version only with the appropriate board of elections. The
board of elections shall send one of those copies by certified
mail or an electronic copy to the secretary of state before the
close of business on the day the board of elections receives the
statement, addendum, or amended statement.
(3) Political action committees or political contributing
entities that only contribute to a county political party,
contribute to campaign committees of candidates whose nomination
or election is to be submitted only to electors within a county,
subdivision, or district, excluding candidates for member of the
general assembly, and receive contributions or make expenditures
in connection with ballot questions or issues to be submitted only
to electors within a county, subdivision, or district shall file
the statements prescribed by section 3517.10 of the Revised Code
with the board of elections in that county or in the county
contained in whole or part within the subdivision or district
having a population greater than that of any other county
contained in whole or part within that subdivision or district, as
the case may be.
(4) Except as otherwise provided in division (E)(3) of
section 3517.106 of the Revised Code with respect to state
candidate funds, county political parties shall file the
statements prescribed by section 3517.10 of the Revised Code with
the board of elections of their respective counties.
(B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of sections
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and
3599.031 of the Revised Code and any other materials that the
secretary of state may require. Each candidate receiving the
materials shall acknowledge their receipt in writing.
(2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and sections 3517.10 and 3517.106 of the Revised Code
shall be notified of the requirements and applicable penalties of
those sections. The secretary of state, by certified mail, return
receipt requested, shall notify all candidates required to file
those statements with the secretary of state's office. The board
of elections of every county shall notify by first class mail any
candidate who has personally appeared at the office of the board
on or before the tenth day before the statements are required to
be filed and signed a form, to be provided by the secretary of
state, attesting that the candidate has been notified of the
candidate's obligations under the campaign finance law. The board
shall forward the completed form to the secretary of state. The
board shall use certified mail, return receipt requested, to
notify all other candidates required to file those statements with
it.
(3)(a) Any statement required to be filed under sections
3517.081 to 3517.17 of the Revised Code that is found to be
incomplete or inaccurate by the officer to whom it is submitted
shall be accepted on a conditional basis, and the person who filed
it shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state may
examine statements filed for candidates for the office of member
of the general assembly and candidates for the office of judge of
a court of appeals for completeness and accuracy. The secretary of
state shall examine for completeness and accuracy statements that
campaign committees of candidates for the office of member of the
general assembly and campaign committees of candidates for the
office of judge of a court of appeals file pursuant to division
(F) or (L) of section 3517.106 of the Revised Code. If an officer
at the board of elections where a statement filed for a candidate
for the office of member of the general assembly or for a
candidate for the office of judge of a court of appeals was
submitted finds the statement to be incomplete or inaccurate, the
officer shall immediately notify the secretary of state of its
incomplete or inaccurate nature. If either an officer at the board
of elections or the secretary of state finds a statement filed for
a candidate for the office of member of the general assembly or
for a candidate for the office of judge of a court of appeals to
be incomplete or inaccurate, only the secretary of state shall
send the notification as to the incomplete or inaccurate nature of
the statement.
Within twenty-one days after receipt of the notice, in the
case of a pre-election statement, a postelection statement, a
monthly statement, an annual statement, or a semiannual statement
prescribed by section 3517.10, an annual statement prescribed by
section 3517.101, or a statement prescribed by division (B)(2)(b)
or (C)(2)(b) of section 3517.105 or section 3517.107 of the
Revised Code, the recipient shall file an addendum, amendment, or
other correction to the statement providing the information
necessary to complete or correct the statement. The secretary of
state may require that, in lieu of filing an addendum, amendment,
or other correction to a statement that is filed by electronic
means of transmission to the office of the secretary of state
pursuant to section 3517.106 of the Revised Code, the recipient of
the notice described in this division file by electronic means of
transmission an amended statement that incorporates the
information necessary to complete or correct the statement.
The secretary of state shall determine by rule when an
addendum, amendment, or other correction to any of the following
or when an amended statement of any of the following shall be
filed:
(i) A two-business-day statement prescribed by section
3517.10 of the Revised Code;
(ii) A disclosure of electioneering communications statement
prescribed by division (D) of section 3517.1011 of the Revised
Code;
(iii) A deposit and disbursement statement prescribed under
division (B) of section 3517.1012 of the Revised Code;
(iv) A gift and disbursement statement prescribed under
section 3517.1013 of the Revised Code;
(v) A donation and disbursement statement prescribed under
section 3517.1014 of the Revised Code.
An addendum, amendment, or other correction to a statement
that is filed by electronic means of transmission pursuant to
section 3517.106 of the Revised Code shall be filed in the same
manner as the statement.
The provisions of sections 3517.10, 3517.106, 3517.1011,
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining
to the filing of statements of contributions and expenditures,
statements of independent expenditures, disclosure of
electioneering communications statements, deposit and disbursement
statements, gift and disbursement statements, and donation and
disbursement statements by electronic means of transmission apply
to the filing of addenda, amendments, or other corrections to
those statements by electronic means of transmission and the
filing of amended statements by electronic means of transmission.
(b) Within five business days after the secretary of state
receives, by electronic or other means of transmission, an
addendum, amendment, or other correction to a statement or an
amended statement under division (B)(3)(a) of this section, the
secretary of state, pursuant to divisions (E), (F), (G), and (I)
of section 3517.106 or division (D) of section 3517.1011 of the
Revised Code, shall make the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in that
addendum, amendment, correction, or amended statement available
online to the public through the internet.
(4)(a) The secretary of state or the board of elections shall
examine all statements for compliance with sections 3517.08 to
3517.17 of the Revised Code.
(b) The secretary of state may contract with an individual or
entity not associated with the secretary of state and experienced
in interpreting the campaign finance law of this state to conduct
examinations of statements filed by any statewide candidate, as
defined in section 3517.103 of the Revised Code.
(c) The examination shall be conducted by a person or entity
qualified to conduct it. The results of the examination shall be
available to the public, and, when the examination is conducted by
an individual or entity not associated with the secretary of
state, the results of the examination shall be reported to the
secretary of state.
(C)(1) In the event of a failure to file or a late filing of
a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code, or if a filed statement or any
addendum, amendment, or other correction to a statement or any
amended statement, if an addendum, amendment, or other correction
or an amended statement is required to be filed, is incomplete or
inaccurate or appears to disclose a failure to comply with or a
violation of law, the official whose duty it is to examine the
statement shall promptly file a complaint with the Ohio elections
commission under section 3517.153 of the Revised Code if the law
is one over which the commission has jurisdiction to hear
complaints, or the official shall promptly report the failure or
violation to the board of elections and the board shall promptly
report it to the prosecuting attorney in accordance with division
(J) of section 3501.11 of the Revised Code. If the official files
a complaint with the commission, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code.
(2) For purposes of division (C)(1) of this section, a
statement or an addendum, amendment, or other correction to a
statement or an amended statement required to be filed under
sections 3517.081 to 3517.17 of the Revised Code is incomplete or
inaccurate under this section if the statement, addendum,
amendment, other correction, or amended statement fails to
disclose substantially all contributions, gifts, or donations that
are received or deposits that are made that are required to be
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the
statement, addendum, amendment, other correction, or amended
statement fails to disclose at least ninety per cent of the total
contributions, gifts, or donations received or deposits made or of
the total expenditures or disbursements made during the reporting
period.
(D) No certificate of nomination or election shall be issued
to a person, and no person elected to an office shall enter upon
the performance of the duties of that office, until that person or
that person's campaign committee, as appropriate, has fully
complied with this section and sections 3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 3517.153. (A) Upon the filing of a complaint with the
Ohio elections commission, which shall be made by affidavit of any
person, on personal knowledge, and subject to the penalties for
perjury, or upon the filing of a complaint made by the secretary
of state or an official at the board of elections, setting forth a
failure to comply with or a violation of any provision in sections
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,
or 3599.031 of the Revised Code, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code.
(B) The commission shall prescribe the form for complaints
made under division (A) of this section. The secretary of state
and boards of elections shall furnish the information that the
commission requests. The commission or a member of the commission
may administer oaths, and the commission may issue subpoenas to
any person in the state compelling the attendance of witnesses and
the production of relevant papers, books, accounts, and reports.
Section 101.42 of the Revised Code governs the issuance of
subpoenas insofar as applicable. Upon the refusal of any person to
obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin
county under section 2705.03 of the Revised Code. The court shall
hold proceedings in accordance with Chapter 2705. of the Revised
Code.
(C) No prosecution shall commence for a violation of a
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code
unless a complaint has been filed with the commission under this
section and all proceedings of the commission or a panel of the
commission, as appropriate, under sections 3517.154 to 3517.157 of
the Revised Code are completed.
(D) The commission may recommend legislation and render
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons
over whose acts it has or may have jurisdiction. When the
commission renders an advisory opinion relating to a specific set
of circumstances involving any of those sections stating that
there is no violation of a provision in those sections, the person
to whom the opinion is directed or a person who is similarly
situated may reasonably rely on the opinion and is immune from
criminal prosecution and a civil action, including, without
limitation, a civil action for removal from public office or
employment, based on facts and circumstances covered by the
opinion.
(E) The commission shall establish a web site on which it
shall post, at a minimum, all decisions and advisory opinions
issued by the commission and copies of each election law as it is
amended by the general assembly. The commission shall update the
web site regularly to reflect any changes to those decisions and
advisory opinions and any new decisions and advisory opinions.
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio
elections commission shall review each complaint filed with the
commission under section 3517.153 of the Revised Code, shall
determine the nature of the complaint, and, unless division
(A)(2)(a) of this section requires that the complaint receive an
automatic expedited hearing, shall make a recommendation to the
commission for its disposition, in accordance with this section.
The attorney shall make the determination and the recommendation,
if required, not later than one business day after the complaint
is filed.
(2)(a) If the attorney determines that the complaint sets
forth a violation of division (B) of section 3517.21 or division
(B) of section 3517.22 of the Revised Code and that the complaint
is filed during one of the periods of time specified in division
(B)(1) of section 3517.156 of the Revised Code, or that the
complaint sets forth a violation of section 3517.103 of the
Revised Code or a violation described in division (D) of section
3517.1010 of the Revised Code, the complaint shall receive an
automatic expedited hearing under section 3517.156 of the Revised
Code.
(b) If the attorney determines that the complaint sets forth
a failure to comply with or a violation of division (G), (I), (J),
(O), (P), or (Q) of section 3517.13, division (A) of section
3517.21, or division (A) of section 3517.22 of the Revised Code
and that the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised
Code, the attorney shall recommend to the commission that the
complaint receive an expedited hearing under section 3517.156 of
the Revised Code, and the complaint shall receive such a hearing.
(c) If the attorney determines that the complaint sets forth
a failure to comply with or a violation of a section of the
Revised Code over which the commission has jurisdiction to hear
complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section, and unless the attorney makes a
determination as provided for in division (A)(3) of this section,
the attorney shall recommend to the commission that the complaint
be submitted to the commission under section 3517.155 of the
Revised Code. After the attorney makes that recommendation, the
attorney shall notify all parties to the complaint of the
attorney's recommendation.
(3)(a) If a complaint sets forth a failure to comply with or
a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and (b) of this section
and if the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised
Code, the attorney may determine that the complaint should receive
an expedited hearing under that section. The attorney shall make
that determination by considering one or more of the following:
(i) The number of prior failures to comply with or violations
of Title XXXV of the Revised Code that the person or entity
against whom the complaint has been brought has committed and any
prior penalties the commission has imposed on the person or
entity;
(ii) If the complaint involves a statement required to be
filed under section 3517.10, division (E) of section 3517.102, or
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an
addendum required to be filed under section 3517.11 of the Revised
Code that is filed late, how late the filing is and how much time
has elapsed between the deadline for filing the statement or
addendum and the filing of the complaint;
(iii) If the complaint involves contributions and
expenditures, contributions and disbursements, deposits and
disbursements, gifts and disbursements, or donations and
disbursements required to be reported under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107,
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014
of the Revised Code that are either not reported or reported late,
the number of contributions and expenditures, contributions and
disbursements, deposits and disbursements, gifts and
disbursements, or donations and disbursements not reported or how
late they were reported;
(iv) If the complaint involves contributions required to be
reported by a campaign committee under section 3517.10, division
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,
or 3517.109 of the Revised Code that are not reported, whether any
of the contributors of the contributions not reported have a
personal or professional relationship with the campaign
committee's candidate;
(v) If the complaint involves a statement required to be
filed under section 3517.10, division (E) of section 3517.102, or
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code
that is incomplete, the degree to which it is incomplete;
(vi) If the complaint involves the receipt of contributions
in violation of section 3599.03 of the Revised Code, the dollar
amount and number of contributions received in violation of that
section;
(vii) If the complaint involves a failure to make the
identification or a misstatement of the identification required
under section 3517.105 or 3517.20 of the Revised Code, whether the
failure or misstatement was purposely made;
(viii) If the complaint sets forth a failure to comply with
or a violation of a section of the Revised Code described in
division (A)(2)(c) of this section, whether the person or entity
against whom the complaint has been made has committed more than
one such failure or violation within a reasonable amount of time,
or whether the cumulative nature of the failures or violations
indicates a systematic disregard for the law.
(b) Prior to making a determination under division (A)(3)(a)
of this section that the complaint should receive an expedited
hearing under section 3517.156 of the Revised Code, the attorney
shall take into consideration the number of panels of the
commission that have cases pending before them and the number of
cases pending before the panels and shall not make a determination
that will place an undue burden on a panel of the commission.
(c) If the attorney determines that the complaint should
receive an expedited hearing under section 3517.156 of the Revised
Code, the attorney shall recommend to the commission that the
complaint receive an expedited hearing, and, if a majority of the
members of the commission agrees with the recommendation, the
complaint shall receive an expedited hearing under that section.
(4) The attorney may join two or more complaints if the
attorney determines that the allegations in each complaint are of
the same or similar character, are based on the same act or
failure to act, or are based on two or more acts or failures to
act constituting parts of a common scheme or plan. If one
complaint contains two or more allegations, the attorney may
separate the allegations if they are not of the same or similar
character, if they are not based on the same act or failure to
act, or if they are not based on two or more acts or failures to
act constituting parts of a common scheme or plan. If the attorney
separates the allegations in a complaint, the attorney may make
separate recommendations under division (A)(2) or (3) of this
section for each allegation.
(B) Whenever a person or other entity files a complaint with
the commission setting forth a failure to comply with or a
violation of a section of the Revised Code as described in
division (A)(2)(c) of this section and the complaint is filed
during one of the periods of time specified in division (B)(1) of
section 3517.156 of the Revised Code, the person or entity may
request an expedited hearing under that section at the time the
complaint is filed. The attorney for the commission shall inform
the members of the commission of that request at the time the
attorney makes a recommendation under division (A) of this
section. The commission may grant the request for an expedited
hearing under this division if it determines that an expedited
hearing is practicable.
Sec. 3517.155. (A)(1) Except as otherwise provided in
division (B) of this section, the Ohio elections commission shall
hold its first hearing on a complaint filed with it, other than a
complaint that receives an expedited hearing under section
3517.156 of the Revised Code, not later than ninety business days
after the complaint is filed unless the commission has good cause
to hold the hearing after that time, in which case it shall hold
the hearing not later than one hundred eighty business days after
the complaint is filed. At the hearing, the commission shall
determine whether or not the failure to act or the violation
alleged in the complaint has occurred and shall do only one of the
following, except as otherwise provided in division (B) of this
section or in division (B) of section 3517.151 of the Revised
Code:
(a) Enter a finding that good cause has been shown not to
impose a fine or not to refer the matter to the appropriate
prosecutor;
(b) Impose a fine under section 3517.993 of the Revised Code;
(c) Refer the matter to the appropriate prosecutor;
(d) Direct the secretary of state or appropriate board of
elections with the authority to certify a candidate to the ballot
to remove a candidate's name from the ballot if the candidate is
barred from the ballot under division (D) of section 3517.1010 of
the Revised Code.
(2) As used in division (A) of this section, "appropriate
prosecutor" means a prosecutor as defined in section 2935.01 of
the Revised Code and either of the following:
(a) In the case of a failure to comply with or a violation of
law involving a campaign committee or the committee's candidate, a
political party, a legislative campaign fund, a political action
committee, or a political contributing entity, that is required to
file a statement of contributions and expenditures with the
secretary of state under division (A) of section 3517.11 of the
Revised Code, the prosecutor of Franklin county;
(b) In the case of a failure to comply with or a violation of
law involving any other campaign committee or committee's
candidate, or any other political party, political action
committee, or political contributing entity either of the
following as determined by the commission:
(i) The prosecutor of Franklin county;
(ii) The prosecutor of the county in which the candidacy or
ballot question or issue is submitted to the electors or, if it is
submitted in more than one county, the most populous of those
counties.
(B) If the commission decides that the evidence is
insufficient for it to determine whether or not the failure to act
or the violation alleged in the complaint has occurred, the
commission, by the affirmative vote of five members, may request
that an investigatory attorney investigate the complaint. Upon
that request, an investigatory attorney shall make an
investigation in order to produce sufficient evidence for the
commission to decide the matter. If the commission requests an
investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days
the deadline for holding its first hearing on the complaint as
required in division (A) of this section.
(C) The commission shall take one of the actions required
under division (A) of this section not later than thirty days
after the close of all the evidence presented.
(D)(1) The commission shall make any finding of a failure to
comply with or a violation of law in regard to a complaint that
alleges a violation of division (D) of section 3517.1010, division
(A) or (B) of section 3517.21, or division (A) or (B) of section
3517.22 of the Revised Code by clear and convincing evidence. The
commission shall make any finding of a failure to comply with or a
violation of law in regard to any other complaint by a
preponderance of the evidence.
(2) If the commission finds a violation of division (B) of
section 3517.21 or division (B) of section 3517.22 of the Revised
Code, it shall refer the matter to the appropriate prosecutor
under division (A)(1)(c) of this section and shall not impose a
fine under division (A)(1)(b) of this section or section 3517.993
of the Revised Code.
(E) In an action before the commission or a panel of the
commission, if the allegations of the complainant are not proved,
and the commission takes the action described in division
(A)(1)(a) of this section or a panel of the commission takes the
action described in division (C)(1) of section 3517.156 of the
Revised Code, the commission or a panel of the commission may find
that the complaint is frivolous, and, if the commission or panel
so finds, the commission shall order the complainant to pay
reasonable attorney's fees and to pay the costs of the commission
or panel as determined by a majority of the members of the
commission. The costs paid to the commission or panel under this
division shall be deposited into the Ohio elections commission
fund.
Sec. 3517.211. (A) No elected official of a county, township,
municipal corporation, board of education, governing board of an
educational service center, or other local political subdivision
shall, during the ninety days before that elected official's name
appears on the ballot at an election, produce or disseminate any
mass mailing or any form of advertising mailed from the official's
office or advertised in a periodical, on radio, internet, on
television, or through another similar medium that includes the
name or photograph of the elected official. A document or any form
of advertising produced or disseminated during the ninety-day
restricted period may include the name of the office the official
holds, but shall not include the name or photograph of the
official.
(B) No violation of division (A) of this section occurs, and
no fine shall be imposed under section 3517.992 of the Revised
Code, if an elected official who is subject to the provisions of
division (A) of this section sends out daily and regular office
correspondence from the official's actual office or associated
with the duties of that public office, and not including any other
board or commission that the elected official serves on, in the
ordinary course of business that is issued on a regular schedule
throughout each year and directly necessary for the conduct of
business by the office, such as tax bills, and that normal
correspondence is sent during the ninety days before the date of
any election at which the elected official's name will appear on
the ballot.
Sec. 3517.992. This section establishes penalties only with
respect to acts or failures to act that occur on and after August
24, 1995.
(A)(1) A candidate whose campaign committee violates division
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,
or a treasurer of a campaign committee who violates any of those
divisions, shall be fined not more than one hundred dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 or division (E)(1) of section 3517.1014 of the Revised
Code shall be fined not more than one hundred dollars for each day
of violation.
(B) A political party that violates division (F)(1) of
section 3517.101 of the Revised Code shall be fined not more than
one hundred dollars for each day of violation.
(C) Whoever violates division (F)(2) of section 3517.101,
division (G) of section 3517.13, or division (E)(2) or (3) of
section 3517.1014 of the Revised Code shall be fined not more than
ten thousand dollars or, if the offender is a person who was
nominated or elected to public office, shall forfeit the
nomination or the office to which the offender was elected, or
both.
(D) Whoever violates division (F) of section 3517.13 of the
Revised Code shall be fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of section 3517.13 of the
Revised Code shall be fined not more than one hundred dollars.
(F) Whoever violates division (O), (P), or (Q) of section
3517.13 of the Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a political party that
violates division (B)(1) of section 3517.18 of the Revised Code
shall be fined not more than twice the amount of the improper
expenditure.
(H) A state or county political party that violates division
(G) of section 3517.101 of the Revised Code shall be fined not
more than twice the amount of the improper expenditure or use.
(I)(1) Any individual who violates division (B)(1) of section
3517.102 of the Revised Code and knows that the contribution the
individual makes violates that division shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(2) Any political action committee that violates division
(B)(2) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(3) Any campaign committee that violates division (B)(3) or
(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount transferred or contributed
in excess of the amount permitted by that division, as applicable.
(b) Any state political party, county political party, or
state candidate fund of a state political party or county
political party that violates division (B)(6) of section 3517.102
of the Revised Code shall be fined an amount equal to three times
the amount transferred or contributed in excess of the amount
permitted by that division, as applicable.
(c) Any political contributing entity that violates division
(B)(7) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)
of this section, no violation of division (B) of section 3517.102
of the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted by
that division meets either of the following conditions:
(a) It is completely refunded within five business days after
it is accepted.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(J)(1) Any campaign committee that violates division (C)(1),
(2), (3), or (6) of section 3517.102 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(2)(a) Any county political party that violates division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be fined an amount equal to three times the amount accepted.
(b) Any county political party that violates division
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be
fined an amount from its state candidate fund equal to three times
the amount accepted in excess of the amount permitted by that
division.
(c) Any state political party that violates division
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined
an amount from its state candidate fund equal to three times the
amount accepted in excess of the amount permitted by that
division.
(3) Any legislative campaign fund that violates division
(C)(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the
amount permitted by that division.
(4) Any political action committee or political contributing
entity that violates division (C)(7) of section 3517.102 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division (C) of section 3517.102 of
the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted to be
accepted by that division meets either of the following
conditions:
(a) It is completely refunded within five business days after
its acceptance.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(K)(1) Any legislative campaign fund that violates division
(F)(1) of section 3517.102 of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund that violates division
(F)(2) of section 3517.102 of the Revised Code shall give to the
treasurer of state for deposit into the state treasury to the
credit of the Ohio elections commission fund all excess
contributions not disposed of as required by division (E) of
section 3517.102 of the Revised Code.
(L) Whoever violates section 3517.105 of the Revised Code
shall be fined one thousand dollars.
(M)(1) Whoever solicits a contribution in violation of
section 3517.092 or violates division (B) of section 3517.09 of
the Revised Code is guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of
division (B) or (C) of section 3517.092 of the Revised Code shall
be fined an amount equal to three times the amount accepted in
violation of either of those divisions and shall return to the
contributor any amount so accepted. Whoever unknowingly accepts a
contribution in violation of division (B) or (C) of section
3517.092 of the Revised Code shall return to the contributor any
amount so accepted.
(N) Whoever violates division (S) of section 3517.13 of the
Revised Code shall be fined an amount equal to three times the
amount of funds transferred or three times the value of the assets
transferred in violation of that division.
(O) Any campaign committee that accepts a contribution or
contributions in violation of section 3517.108 of the Revised
Code, uses a contribution in violation of that section, or fails
to dispose of excess contributions in violation of that section
shall be fined an amount equal to three times the amount accepted,
used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative
candidate fund, or campaign committee that violates division (T)
of section 3517.13 of the Revised Code shall be fined an amount
equal to three times the amount contributed or accepted in
violation of that section.
(Q) A treasurer of a committee or another person who violates
division (U) of section 3517.13 of the Revised Code shall be fined
not more than two hundred fifty dollars.
(R) Whoever violates division (I) or (J) of section 3517.13
of the Revised Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating division
(I) or (J) of section 3517.13 of the Revised Code, the contract
awarded in violation of either of those divisions shall be
rescinded if its terms have not yet been performed.
(S) A candidate whose campaign committee violates or a
treasurer of a campaign committee who violates section 3517.081 of
the Revised Code, and a candidate whose campaign committee
violates or a treasurer of a campaign committee or another person
who violates division (C) of section 3517.10 of the Revised Code,
shall be fined not more than five hundred dollars.
(T) A candidate whose campaign committee violates or a
treasurer of a committee who violates division (B) of section
3517.09 of the Revised Code, or a candidate whose campaign
committee violates or a treasurer of a campaign committee or
another person who violates division (C) of section 3517.09 of the
Revised Code shall be fined not more than one thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code
shall be fined not more than five hundred dollars.
(V) Whoever violates section 3517.21 or section 3517.22 of
the Revised Code shall be imprisoned for not more than six months
or fined not more than five thousand dollars, or both.
(W) A campaign committee that is required to file a
declaration of no limits under division (D)(2) of section 3517.103
of the Revised Code that, before filing that declaration, accepts
a contribution or contributions that exceed the limitations
prescribed in section 3517.102 of the Revised Code, shall return
that contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the declaration
of filing-day finances required by division (F) of section
3517.109 or the declaration of primary-day finances or declaration
of year-end finances required by division (E) of section 3517.1010
of the Revised Code shall be fined twenty-five dollars for each
day of violation.
(Y)(1) Any campaign committee that fails to dispose of excess
funds or excess aggregate contributions under division (B) of
section 3517.109 of the Revised Code in the manner required by
division (C) of that section or under division (B) of section
3517.1010 of the Revised Code in the manner required by division
(C) of that section shall give to the treasurer of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the Revised Code all funds not
disposed of pursuant to those divisions that division.
(2) Any treasurer of a transition fund that fails to dispose
of assets remaining in the transition fund as required under
division (H)(1) or (2) of section 3517.1014 of the Revised Code
shall give to the treasurer of state for deposit into the Ohio
elections commission fund all assets not disposed of pursuant to
that division.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political party, treasurer of a transition fund, or other
entity that violates any provision of sections 3517.09 to 3517.12
of the Revised Code for which no penalty is provided for under any
other division of this section shall be fined not more than one
thousand dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount contributed, expended, or promised in
violation of that division or ten thousand dollars, whichever
amount is greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount solicited or accepted in violation of that
division or ten thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(DD)(1) Any campaign committee or person who violates
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount donated
in excess of the amount permitted by that division.
(2) Any officeholder or treasurer of a transition fund who
violates division (C)(3)(a) or (b) of section 3517.1014 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
Sec. 3519.01. (A) Only one proposal of law or constitutional
amendment to be proposed by initiative petition shall be contained
in an initiative petition to enable the voters to vote on that
proposal separately. A petition shall include the text of any
existing statute or constitutional provision that would be amended
or repealed if the proposed law or constitutional amendment is
adopted.
Whoever seeks to propose a law or constitutional amendment by
initiative petition shall, by a written petition signed by one
thousand qualified electors, submit the proposed law or
constitutional amendment and a summary of it to the attorney
general for examination. Within ten days after the receipt of the
written petition and the summary of it, the attorney general shall
conduct an examination of the summary. If, in the opinion of the
attorney general, the summary is a fair and truthful statement of
the proposed law or constitutional amendment, the attorney general
shall so certify and then forward the submitted petition to the
Ohio ballot board for its approval under division (A) of section
3505.062 of the Revised Code. If the Ohio ballot board returns the
submitted petition to the attorney general with its certification
as described in that division, the attorney general shall then
file with the secretary of state a verified copy of the proposed
law or constitutional amendment together with its summary and the
attorney general's certification.
Whenever the Ohio ballot board divides an initiative petition
into individual petitions containing only one proposed law or
constitutional amendment under division (A) of section 3505.062 of
the Revised Code resulting in the need for the petitioners to
resubmit to the attorney general appropriate summaries for each of
the individual petitions arising from the board's division of the
initiative petition, the attorney general shall review the
resubmitted summaries, within ten days after their receipt, to
determine if they are a fair and truthful statement of the
respective proposed laws or constitutional amendments and, if so,
certify them. These resubmissions shall contain no new
explanations or arguments. Then, the attorney general shall file
with the secretary of state a verified copy of each of the
proposed laws or constitutional amendments together with their
respective summaries and the attorney general's certification of
each.
(B)(1) Whoever seeks to file a referendum petition against
any law, section, or item in any law shall, by a written petition
signed by one thousand qualified electors, submit the measure to
be referred and a summary of it to the secretary of state and, on
the same day or within one business day before or after that day,
submit a copy of the petition, measure, and summary to the
attorney general.
(2) Not later than ten business days after receiving the
petition, measure, and summary, the secretary of state shall do
both of the following:
(a) Have the validity of the signatures on the petition
verified;
(b) After comparing the text of the measure to be referred
with the copy of the enrolled act on file in the secretary of
state's office containing the law, section, or item of law,
determine whether the text is correct and, if it is, so certify.
(3) Not later than ten business days after receiving a copy
of the petition, measure, and summary, the attorney general shall
examine the summary and, if in the attorney general's opinion, the
summary is a fair and truthful statement of the measure to be
referred, so certify.
(C) Any person who is aggrieved by a certification decision
under division (A) or (B) of this section may challenge the
certification or failure to certify of the attorney general in the
supreme court, which shall have exclusive, original jurisdiction
in all challenges of those certification decisions.
Sec. 3519.16. The circulator of any part-petition, the
committee interested in the petition, or any elector may file with
the board of elections a protest against the board's findings made
pursuant to section 3519.15 of the Revised Code. Protests shall be
in writing and shall specify reasons for the protest. Protests for
all initiative and referendum petitions other than those to be
voted on by electors throughout the entire state shall be filed
not later than four p.m. of the seventy-fourth day before the day
of the election. Once a protest is filed, the board shall proceed
to establish the sufficiency or insufficiency of the signatures
and of the verification of those signatures in an action before
the court of common pleas in the county. The action shall be
brought within three days after the protest is filed, and it shall
be heard forthwith by a judge of that court, whose decision shall
be certified to the board. The signatures that are adjudged
sufficient or the part-petitions that are adjudged properly
verified shall be included with the others by the board, and those
found insufficient and all those part-petitions that are adjudged
not properly verified shall not be included.
(A) Pursuant to
Section 1g of Article II, Ohio Constitution, the supreme court of
Ohio shall have original, exclusive jurisdiction in all challenges
to initiative and referendum petitions.
(B) The petitioner of any petition shall include upon each
part-petition filed with the secretary of state a designation of
the county in which the part-petition was circulated and a number
for each part-petition. In any county where part-petitions are
circulated, each part-petition shall be numbered sequentially.
Upon the filing of the petition with the secretary of state, the
petitioner of any petition shall also file the following:
(1) An electronic copy of the petition filed along with a
verification that the electronic copy is a true representation of
the original paper petition filed with the secretary of state;
(2) A summary of the number of part-petitions filed per
county and the number of signatures on each part-petition;
(3) An index of the electronic copy.
(C) For a request made under Chapter 149. of the Revised Code
for the inspection or copying of the original petition filed with
the secretary of state, the request is fulfilled when the
secretary of state provides inspection of or copies of the
electronic copy filed by the petitioner of the petition. This
section applies from the time of the initial filing of the
petition with the secretary of state and remains applicable until
the part-petitions are returned to the secretary of state from the
local board of elections after a determination of sufficiency of
the petition pursuant to section 3519.15 of the Revised Code.
(D) Discrepancies between the electronic copy filed under
division (B)(1) of this section and the original paper petitions
as filed with the secretary of state shall not render the petition
invalid. Discrepancies between a filed electronic copy and the
original paper petition, if the product of fraud, shall be subject
to criminal penalties under section 3599.36 of the Revised Code.
(E) The properly verified part-petitions, together with the
report of the board, shall be returned to the secretary of state
not less than sixty days before the election, provided that, in
the case of an initiated law to be presented to the general
assembly, the boards shall promptly check and return the petitions
together with their report. The secretary of state shall notify,
by certified mail,
the chairperson each member of the committee
in charge of the circulation as to the sufficiency or
insufficiency of the petition and the extent of the insufficiency.
If the petition is found insufficient because of an
insufficient number of valid signatures, the committee shall be
allowed ten additional days after the notification by first member
of the committee receives notice of the petition's insufficiency
by certified mail from the secretary of state for the filing of
additional signatures to the petition. No additional signatures
may be collected by the circulator of the petition until the
secretary of state determines the sufficiency of the signatures
that the circulator originally filed with the secretary of state
The part-petitions of the supplementary petition that appear to
the secretary of state to be properly verified, upon their receipt
by the secretary of state, shall forthwith be forwarded to the
boards of the several counties together with the part-petitions of
the original petition that have been properly verified. They shall
be immediately examined and passed upon as to the validity and
sufficiency of the signatures on them by each of the boards and
returned within five days to the secretary of state with the
report of each board. No signature on a supplementary
part-petition that is the same as a signature on an original
part-petition shall be counted. The number of signatures in both
the original and supplementary petitions, properly verified, shall
be used by the secretary of state in determining the total number
of signatures to the petition that the secretary of state shall
record and announce. If they are sufficient, the amendment,
proposed law, or law shall be placed on the ballot as required by
law. If the petition is found insufficient, the secretary of state
shall notify the committee in charge of the circulation of the
petition.
Sec. 3599.03. (A)(1) Except to carry on activities specified
in sections 3517.082 and 3517.1011, division (A)(2) of section
3517.1012, division (B) of section 3517.1013, division (C)(1) of
section 3517.1014, and section 3599.031 of the Revised Code and
except as provided in divisions (D), (E), and (F) (a) Subject to
division (A)(1)(b) of this section, no corporation, no nonprofit
corporation, and no labor organization, directly or indirectly,
shall pay or use, or offer, advise, consent, or agree to pay or
use, the corporation's money or property, or the labor
organization's money, including dues, initiation fees, or other
assessments paid by members, or property, for or in aid of or
opposition to make a contribution to a political party, a
candidate for election or nomination to public office, a political
action committee including a political action committee of the
corporation or labor organization, a legislative campaign fund, or
any organization that supports or opposes any such candidate, or
for any partisan political purpose, shall violate any law
requiring the filing of an affidavit or statement respecting such
use of those funds, or shall pay or use the corporation's or labor
organization's money for the expenses of a social fund-raising
event for its political action committee if an employee's or labor
organization member's right to attend such an event is predicated
on the employee's or member's contribution to the corporation's or
labor organization's political action committee.
(b) Nothing in this section prohibits a labor organization
from making a contribution to a candidate's campaign committee or
to another political entity or from making an independent
expenditure.
(2) Whoever violates division (A)(1)(a) of this section shall
be fined not less than five hundred nor more than five thousand
dollars.
(B)(1) No officer, stockholder, attorney, or agent of a
corporation or nonprofit corporation, no member, including an
officer, attorney, or agent, of a labor organization, and no
candidate, political party official, or other individual shall
knowingly aid, advise, solicit, or receive money or other property
in violation of division (A)(1)(a) of this section.
(2) Whoever violates division (B)(1) of this section shall be
fined not more than one thousand dollars, or imprisoned not more
than one year, or both.
(C) A corporation, a nonprofit corporation, or a labor
organization may use its funds or property for or in aid of or
opposition to a proposed or certified ballot issue. Such use of
funds or property shall be reported on a form prescribed by the
secretary of state. Reports of contributions in connection with
statewide ballot issues shall be filed with the secretary of
state. Reports of contributions in connection with local issues
shall be filed with the board of elections of the most populous
county of the district in which the issue is submitted or to be
submitted to the electors. Reports made pursuant to this division
shall be filed by the times specified in divisions (A)(1) and (2)
of section 3517.10 of the Revised Code.
(D)(1) Any gift made pursuant to section 3517.101 of the
Revised Code does not constitute a violation of this section or of
any other section of the Revised Code.
(2) Any gift made pursuant to division (A)(2) of section
3517.1012 of the Revised Code does not constitute a violation of
this section.
(3) Any gift made pursuant to division (B) of section
3517.1013 of the Revised Code does not constitute a violation of
this section.
(4) Any donation made pursuant to division (C)(1) of section
3517.1014 of the Revised Code does not constitute a violation of
this section.
(E) Any compensation or fees paid by a financial institution
to a state political party for services rendered pursuant to
division (B) of section 3517.19 of the Revised Code do not
constitute a violation of this section or of any other section of
the Revised Code.
(F)(1) The use by a nonprofit corporation of its money or
property for communicating information for a purpose specified in
division (A) of this section is not a violation of that division
if the stockholders, members, donors, trustees, or officers of the
nonprofit corporation are the predominant recipients of the
communication.
(2) The placement of a campaign sign on the property of a
corporation, nonprofit corporation, or labor organization is not a
use of property in violation of division (A) of this section by
that corporation, nonprofit corporation, or labor organization.
(3) The use by a corporation or labor organization of its
money or property for communicating information for a purpose
specified in division (A) of this section is not a violation of
that division if it is not a communication made by mass broadcast
such as radio or television or made by advertising in a newspaper
of general circulation but is a communication sent exclusively to
members, employees, officers, or trustees of that labor
organization or shareholders, employees, officers, or directors of
that corporation or to members of the immediate families of any
such individuals or if the communication intended to be so sent
exclusively is unintentionally sent as well to a de minimis number
of other individuals.
(G) In addition to the laws listed in division (A) of section
4117.10 of the Revised Code that prevail over conflicting
agreements between employee organizations and public employers,
this section prevails over any conflicting provisions of
agreements between labor organizations and public employers that
are entered into on or after March 31, 2005, pursuant to Chapter
4117. of the Revised Code.
(H) As used in this section, "labor organization" has the
same meaning as in section 3517.01 of the Revised Code.
Sec. 3599.07. No judge of elections precinct election
official, observer, or police officer admitted into the polling
rooms at the election, at any time while the polls are open, shall
have in the individual's possession, distribute, or give out any
ballot or ticket to any person on any pretense during the
receiving, counting, or certifying of the votes, or have any
ballot or ticket in the individual's possession or control, except
in the proper discharge of the individual's official duty in
receiving, counting, or canvassing the votes. This section does
not prevent the lawful exercise by a
judge of elections precinct
election official or observer of the individual right to vote at
such election.
Sec. 3599.17. (A) No elections official serving as a
registrar or judge of elections precinct election official shall
do any of the following:
(1) Fail to appear before the board of elections, or its
representative, after notice has been served personally upon the
official or left at the official's usual place of residence, for
examination as to the official's qualifications;
(2) Fail to appear at the polling place to which the official
is assigned at the hour and during the hours set for the
registration or election;
(3) Fail to take the oath prescribed by section 3501.31 of
the Revised Code, unless excused by such board;
(4) Refuse or sanction the refusal of another registrar or
judge of elections precinct election official to administer an
oath required by law;
(5) Fail to send notice to the board of the appointment of a
judge precinct election official to fill a vacancy;
(6) Act as registrar or judge precinct election official
without having been appointed and having received a certificate of
appointment, except a judge
precinct election official appointed
to fill a vacancy caused by absence or removal;
(7) Fail in any other way to perform any duty imposed by law.
(B) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 3599.19. (A) No judge of elections precinct election
official shall knowingly do any of the following:
(1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and
other papers and material to be used in an election;
(2) Unlawfully misplace, carry away, negligently lose or
permit to be taken from the judge precinct election official, fail
to deliver, or destroy any such packages, papers, or material;
(3) Receive or sanction the reception of a ballot from a
person not a qualified elector or from a person who refused to
answer a question in accordance with the election law;
(4) Refuse to receive or sanction the rejection of a ballot
from a person, knowing that person to be a qualified elector;
(5) Permit a fraudulent ballot to be placed in the ballot
box;
(6) Place or permit to be placed in any ballot box any ballot
known by the judge precinct election official to be improperly or
falsely marked;
(7) Count or permit to be counted any illegal or fraudulent
ballot;
(8) Mislead an elector who is physically unable to prepare
the elector's ballot, mark a ballot for such elector otherwise
than as directed by that elector, or disclose to any person,
except when legally required to do so, how such elector voted;
(9) Alter or mark or permit any alteration or marking on any
ballot when counting the ballots;
(10) Unlawfully count or tally or sanction the wrongful
counting or tallying of votes;
(11) After the counting of votes commences, as required by
law, postpone or sanction the postponement of the counting of
votes, adjourn at any time or to any place, or remove the ballot
box from the place of voting, or from the custody or presence of
all the judges of such elections precinct election officials;
(12) Permit any ballot to remain or to be in the ballot box
at the opening of the polls, or to be put in the box during the
counting of the ballots, or to be left in the box without being
counted;
(13) Admit or sanction the admission to the polling room at
an election during the receiving, counting, and certifying of
votes of any person not qualified by law to be so admitted;
(14) Refuse to admit or sanction the refusal to admit any
person, upon lawful request for admission, who is legally
qualified to be present;
(15) Permit or sanction the counting of the ballots contrary
to the manner prescribed by law;
(16) Neglect or unlawfully execute any duty enjoined upon the
judge precinct election official by law.
(B) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 3599.30. No school operated by a school district, no
community school established under Chapter 3314. of the Revised
Code, no STEM school established under Chapter 3326. of the
Revised Code, and no chartered nonpublic school shall, during the
regular school day, transport one or more students to a polling
place or board of elections for the purpose of casting a ballot.
Sec. 3599.31. No officer of the law shall fail to obey
forthwith an order of the presiding judge voting location manager
and aid in enforcing a lawful order of the presiding judges voting
location manager at an election, against persons unlawfully
congregating or loitering within one hundred feet of a polling
place, hindering or delaying an elector from reaching or leaving
the polling place, soliciting or attempting, within one hundred
feet of the polling place, to influence an elector in casting the
elector's vote, or interfering with the registration of voters or
casting and counting of the ballots.
Whoever violates this section is guilty of a misdemeanor of
the first degree.
Section 2. That existing sections 7.101, 511.27, 1545.21,
2101.44, 3501.01, 3501.05, 3501.051, 3501.053, 3501.10, 3501.11,
3501.13, 3501.14, 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, 3503.24, 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, 3513.05,
3513.12, 3513.131, 3513.18, 3513.19, 3513.21, 3513.262, 3513.30,
3515.04, 3517.01, 3517.012, 3517.014, 3517.051, 3517.10, 3517.102,
3517.103, 3517.106, 3517.107, 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 and sections
3503.29, 3504.01,
3506.16, 3517.016, and
3517.1010 of the Revised Code are hereby
repealed.
Section 3. That sections 3.02, 302.09, 305.02, 503.24,
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code
be amended to read as follows, to make those sections consistent
with the requirements of the Ohio Constitution:
Sec. 3.02. (A) When an elective office becomes vacant and is
filled by appointment, such appointee shall hold the office until
the appointee's successor is elected and qualified; and such
successor shall be elected for the unexpired term, at the first
general election for the office which is vacant that occurs more
than fifty-six forty days after the vacancy has occurred; provided
that when the unexpired term ends within one year immediately
following the date of such general election, an election to fill
such unexpired term shall not be held and the appointment shall be
for such unexpired term.
(B) When an elective office becomes vacant and is filled by
appointment, the appointing authority shall, immediately but no
later than seven days after making the appointment, certify it to
the board of elections and to the secretary of state. The board of
elections or, in the case of an appointment to a statewide office,
the secretary of state shall issue a certificate of appointment to
the appointee. Certificates of appointment shall be in such form
as the secretary of state shall prescribe.
(C) When an elected candidate fails to qualify for the office
to which the candidate has been elected, the office shall be
filled as in the case of a vacancy. Until so filled, the incumbent
officer shall continue to hold office. This section does not
postpone the time for such election beyond that at which it would
have been held had no such vacancy occurred, or affect the
official term, or the time for the commencement thereof, of any
person elected to such office before the occurrence of such
vacancy.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in the office of county auditor, county
treasurer, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county engineer, or coroner more
than fifty-six forty days before the next general election for
state and county officers, the vacancy shall be filled as provided
for in divisions (A) and (B) of section 305.02 of the Revised
Code.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than fifty-six
forty days before the next general election for state and county
officers, a successor shall be elected at such election for the
unexpired term unless such term expires within one year
immediately following the date of such general election.
In either event, the vacancy shall be filled as provided in
this section, and the appointee shall hold office until a
successor is elected and qualified.
(B) If a vacancy occurs from any cause in any of the offices
named in division (A) of this section, the county central
committee of the political party with which the last occupant of
the office was affiliated shall appoint a person to hold the
office and to perform the duties thereof until a successor is
elected and has qualified, except that if such vacancy occurs
because of the death, resignation, or inability to take the office
of an officer-elect whose term has not yet begun, an appointment
to take such office at the beginning of the term shall be made by
the central committee of the political party with which such
officer-elect was affiliated.
(C) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee shall meet for the
purpose of making an appointment under this section. Not less than
four days before the date of such meeting the chairperson or
secretary of such central committee shall send by first class mail
to every member of such central committee a written notice which
shall state the time and place of such meeting and the purpose
thereof. A majority of the members of the central committee
present at such meeting may make the appointment.
(D) If the last occupant of the office or the officer-elect
was elected as an independent candidate, the board of county
commissioners shall make such appointment at the time when the
vacancy occurs, except where the vacancy is in the office of
county commissioner, in which case the prosecuting attorney and
the remaining commissioners or a majority of them shall make the
appointment.
(E) Appointments made under this section shall be certified
by the appointing county central committee or by the board of
county commissioners to the county board of elections and to the
secretary of state, and the persons so appointed and certified
shall be entitled to all remuneration provided by law for the
offices to which they are appointed.
(F) The board of county commissioners may appoint a person to
hold any of the offices named in division (A) of this section as
an acting officer and to perform the duties thereof between the
occurrence of the vacancy and the time when the officer appointed
by the central committee qualifies and takes the office.
(G) A person appointed prosecuting attorney or assistant
prosecuting attorney shall give bond and take the oath of office
prescribed by section 309.03 of the Revised Code for the
prosecuting attorney.
Sec. 503.24. If there is a vacancy by reason of the
nonacceptance, death, or removal of a person chosen to an office
in any township at the regular election, or if there is a vacancy
from any other cause, the board of township trustees shall appoint
a person having the qualifications of an elector to fill such
vacancy for the unexpired term or until a successor is elected.
If a township is without a board or if no appointment is made
within thirty days after the occurrence of a vacancy, a majority
of the persons designated as the committee of five on the
last-filed nominating petition of the township officer whose
vacancy is to be filled who are residents of the township shall
appoint a person having the qualifications of an elector to fill
the vacancy for the unexpired term or until a successor is
elected. If at least three of the committee members who are
residents of the township cannot be found, or if that number of
such members fails to make an appointment within ten days after
the thirty-day period in which the board of township trustees is
authorized to make an appointment, then the presiding probate
judge of the county shall appoint a suitable person having the
qualifications of an elector in the township to fill the vacancy
for the unexpired term or until a successor is elected.
If a vacancy occurs in a township elective office more than
fifty-six forty days before the next general election for
municipal and township officers a successor shall be chosen at
that election to fill the unexpired term, provided the term does
not expire within one year from the day of the election. If the
term expires within one year from the day of the next general
election for municipal and township officers, a successor
appointed pursuant to this section shall serve out the unexpired
term.
Sec. 733.31. (A) Unless otherwise provided by law, vacancies
arising in appointive and elective offices of villages shall be
filled by appointment by the mayor for the remainder of the
unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in the
manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative authority
shall be filled in the manner provided by section 731.43 of the
Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by the
mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the legislative
authority of a city shall be filled in the same manner as provided
in division (D) of this section. Vacancies in the office of mayor
of a city shall be filled in the manner provided in section 733.08
of the Revised Code. Vacancies in the membership of the
legislative authority of a city shall be filled in the manner
provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or disability
of the director of law, auditor, or treasurer of a city and such
vacancy occurs more than fifty-six forty days before the next
general election for such office, a successor shall be elected at
such election for the unexpired term unless such term expires
within one year immediately following the date of such general
election. In either event, the vacancy shall be filled as provided
in this section and the appointee shall hold office until a
successor is elected and qualified.
(1) The county central committee of the political party with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the duties thereof until a successor is elected and has qualified,
except that if such vacancy occurs because of the death,
resignation, or inability to take the office of an officer-elect
whose term has not yet begun, an appointment to take such office
at the beginning of the term shall be made by the members of the
central committee who reside in the city where the vacancy occurs.
(2) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee, acting through its
members who reside in the city where the vacancy occurs, shall
meet for the purpose of making an appointment. Not less than four
days before the date of the meeting the chairperson or secretary
of the central committee shall send by first class mail to every
member of such central committee who resides in the city where the
vacancy occurs a written notice which shall state the time and
place of such meeting and the purpose thereof. A majority of the
members of the central committee present at such meeting may make
the appointment.
(E) If the last occupant of the office or the officer-elect,
as provided in division (D) of this section, was elected as an
independent candidate, the mayor of the city shall make the
appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be certified
by the appointing county central committee or by the mayor of the
municipal corporation to the county board of elections and to the
secretary of state. The persons so appointed and certified shall
be entitled to all remuneration provided by law for the offices to
which they are appointed.
(G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an acting
officer and to perform the duties thereof between the occurrence
of the vacancy and the time when the person appointed by the
central committee qualifies and takes the office.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office as provided
in section 3.23 of the Revised Code. The office of judge of the
municipal court is subject to forfeiture, and the judge may be
removed from office, for the causes and by the procedure provided
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the
office of judge exists upon the death, resignation, forfeiture,
removal from office, or absence from official duties for a period
of six consecutive months, as determined under this section, of
the judge and also by reason of the expiration of the term of an
incumbent when no successor has been elected or qualified. The
chief justice of the supreme court may designate a judge of
another municipal court to act until that vacancy is filled in
accordance with section 107.08 of the Revised Code. A vacancy
resulting from the absence of a judge from official duties for a
period of six consecutive months shall be determined and declared
by the legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of
the municipal court after the one-hundredth day before the first
Tuesday after the first Monday in May and prior to the fifty-sixth
fortieth day before the day of the general election, all
candidates for election to the unexpired term of the judge or
clerk shall file nominating petitions with the board of elections
not later than four p.m. on the tenth day following the day on
which the vacancy occurs, except that, when the vacancy occurs
fewer than four six days before the fifty-sixth fortieth day
before the general election, the deadline for filing shall be four
p.m. on the fiftieth thirty-sixth day before the day of the
general election.
(c) Each nominating petition referred to in division
(A)(1)(b) of this section shall be in the form prescribed in
section 3513.261 of the Revised Code and shall be signed by at
least fifty qualified electors of the territory of the municipal
court. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one judge
is temporarily absent, incapacitated, or otherwise unavailable,
the judge may appoint a substitute who has the qualifications
required by section 1901.06 of the Revised Code or a retired judge
of a court of record who is a qualified elector and a resident of
the territory of the court. If the judge is unable to make the
appointment, the chief justice of the supreme court shall appoint
a substitute. The appointee shall serve during the absence,
incapacity, or unavailability of the incumbent, shall have the
jurisdiction and powers conferred upon the judge of the municipal
court, and shall be styled "acting judge." During that time of
service, the acting judge shall sign all process and records and
shall perform all acts pertaining to the office, except that of
removal and appointment of officers of the court. All courts shall
take judicial notice of the selection and powers of the acting
judge. The incumbent judge shall establish the amount of
compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem
amount received by the incumbent judge.
(B) When the volume of cases pending in any municipal court
necessitates an additional judge, the chief justice of the supreme
court, upon the written request of the judge or presiding judge of
that municipal court, may designate a judge of another municipal
court or county court to serve for any period of time that the
chief justice may prescribe. The compensation of a judge so
designated shall be paid from the city treasury or, in the case of
a county-operated municipal court, from the county treasury. In
addition to the annual salary provided for in section 1901.11 of
the Revised Code and in addition to any compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the judge's own
court, a full-time or part-time judge while holding court outside
the judge's territory on the designation of the chief justice
shall receive actual and necessary expenses and compensation as
follows:
(1) A full-time judge shall receive thirty dollars for each
day of the assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to
which the judge is assigned, less the per diem amount paid to
those judges pursuant to section 141.04 of the Revised Code,
calculated on the basis of two hundred fifty working days per
year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by
designation, the judges of the court requesting the designation
may appoint a substitute as provided in division (A)(2) of this
section, who may serve for any period of time that is prescribed
by the chief justice. The substitute judge shall be paid in the
same manner and at the same rate as the incumbent judges, except
that, if the substitute judge is entitled to compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code, then
section 1901.121 of the Revised Code shall govern its payment.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954, term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and
Wyandot counties, one judge, to be elected in 1956, term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,
Shelby, Van Wert, and Williams counties, one judge, to be elected
in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in 1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1958,
term to begin January 1, 1959, and the third to be elected in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1960, term to
begin January 1, 1961, and one to be elected in 1978, term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1990, term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970, term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1976,
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1970, term to
begin on January 1, 1971;
In Muskingum county, three judges, one to be elected in 1968,
term to begin August 9, 1969, one to be elected in 1978, term to
begin January 1, 1979, and one to be elected in 2002, term to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1986,
term to begin January 2, 1987;
In Warren county, four judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, the third to be elected in 1986,
term to begin January 1, 1987, and the fourth to be elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968, term
beginning January 1, 1969, the second to be elected in 1970, term
to begin January 2, 1971, and the third to be elected in 1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively;
In Clark county, four judges, one to be elected in 1952, term
to begin January 1, 1953, the second to be elected in 1956, term
to begin January 2, 1957, the third to be elected in 1986, term to
begin January 3, 1987, and the fourth to be elected in 1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in 1986,
term to begin January 2, 1987; and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958, term
to begin January 1, 1959, the second to be elected in 1960, term
to begin January 2, 1961, the third to be elected in 1964, term to
begin January 3, 1965, the fourth and fifth to be elected in 1978,
terms to begin January 4, 1979, and January 5, 1979, respectively,
and the sixth to be elected in 2000, term to begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term to
begin January 1, 1965, one to be elected in 1990, term to begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, nine judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953, respectively,
one to be elected in 1958, term to begin January 3, 1959, one to
be elected in 1968, term to begin January 1, 1969, two to be
elected in 1988, terms to begin January 4, 1989, and January 5,
1989, respectively, two to be elected in 1998, terms to begin
January 2, 1999, and January 3, 1999, respectively; and one to be
elected in 2006, term to begin January 6, 2007;
In Butler county, eleven judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms to
begin January 1, 1955, and February 9, 1955, respectively; one to
be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; one to be elected in 1992, term to begin January 4,
1993; two to be elected in 2002, terms to begin January 2, 2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin February 9, 1961, the third to be elected in 1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956, term
beginning January 1, 1957, and one to be elected in 1968, term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and January
5, 1965, respectively; one to be elected in 1966, term to begin on
January 10, 1967; four to be elected in 1968, terms to begin on
successive days beginning from January 9, 1969, to January 12,
1969; two to be elected in 1974, terms to begin on January 18,
1975, and January 19, 1975, respectively; five to be elected in
1976, terms to begin on successive days beginning January 6, 1977,
to January 10, 1977; two to be elected in 1982, terms to begin
January 11, 1983, and January 12, 1983, respectively; and two to
be elected in 1986, terms to begin January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three to
be elected in 1976, terms to begin on successive days beginning
January 5, 1977, to January 7, 1977; one to be elected in 1982,
term to begin January 8, 1983; one to be elected in 1986, term to
begin January 9, 1987; two to be elected in 1990, terms to begin
July 1, 1991, and July 2, 1991, respectively; one to be elected in
1996, term to begin January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1, 1965;
one to be elected in 1974, term to begin January 15, 1975; one to
be elected in 1980, term to begin January 16, 1981; two to be
elected at large in the general election in 1982, terms to begin
April 1, 1983; one to be elected in 1990, term to begin July 1,
1991; and two to be elected in 1996, terms to begin January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in 1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January 1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term to
begin January 1, 1957; one to be elected in 1952, term to begin
January 1, 1953; one to be elected in 1968, term to begin January
2, 1969; and one to be elected in 1990, term to begin July 1,
1991;
In Montgomery county, fifteen judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and January
3, 1955, respectively; four to be elected in 1952, terms to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 3, 1969;
three to be elected in 1976, terms to begin on successive days
beginning January 4, 1977, to January 6, 1977; two to be elected
in 1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1992, term to begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954, terms
to begin on January 1, 1955, and February 9, 1955, respectively;
two to be elected in 1952, terms to begin January 1, 1953, and
April 16, 1953, respectively; one to be elected in 1966, term to
begin on January 4, 1967; and two to be elected in 1992, terms to
begin January 1, 1993, and January 2, 1993, respectively;
In Summit county, thirteen judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,
1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one
to be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously elected
at the same election, if the office of one of those judges so
elected becomes vacant more than fifty-six forty days prior to the
second general election preceding the expiration of that judge's
term, the office that that judge had filled shall be abolished as
of the date of the next general election, and a new office of
judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a six-year term at
the next general election, and the term of that judge shall
commence on the first day of the year following that general
election, on which day no other judge's term begins, so that the
number of judges that the county shall elect shall not be reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot
counties in which the judge of the court of common pleas elected
pursuant to this section also shall serve as judge of the probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division from
February 9, 2009, through September 28, 2009, and except in Morrow
county in which the judges of the court of common pleas elected
pursuant to this section also shall perform the duties and
functions of the judge of the probate division.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate of the United
States, in the years 1932 and 1934, and every six years after each
of such years; except as otherwise provided for filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E)(1) Proposed constitutional amendments or proposed
measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least
sixty days, in case of a referendum, and ninety one hundred
twenty-five days, in the case of an initiated measure, subsequent
to the filing of the petitions therefor.
Proposed
(2) Proposed constitutional amendments submitted by the
general assembly to the voters of the state at large may be
submitted at a special election or general election in any year
occurring at least ninety days after the resolution is filed with
the secretary of state. The proposed constitutional amendment may
be submitted to the voters at a special election occurring on the
day in any year specified by division (E) of section 3501.01 of
the Revised Code for the holding of a primary election, when if a
special election on that date is designated by the general
assembly in the resolution adopting the proposed constitutional
amendment.
No special election shall be held on a day other than the day
of a general election, unless a law or charter provides otherwise,
regarding the submission of a question or issue to the voters of a
county, township, city, village, or school district.
(F)(1) Notwithstanding any provision of the Revised Code to
the contrary, any question or issue, except a candidacy, to be
voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of
the ninetieth day before the day of the election.
(2) Any question or issue that is certified for placement on
a ballot on or after the effective date of this amendment July 2,
2010, shall be certified not later than the ninetieth day before
the day of the applicable election, notwithstanding any deadlines
appearing in any section of the Revised Code governing the
placement of that question or issue on the ballot.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy that
may be filled by an intermediate or minor political party shall be
filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy that may be filled
by an intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth
day before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is certified
and shall be made in the manner provided for a major political
party.
(G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one hundred fifteenth day before the day of a
primary election and prior to the eighty-sixth day before the day
of the next general election, and if, under the laws of this
state, a person may be elected at that general election to fill
the unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the
case of a vacancy in a party nomination, as provided in divisions
(A) to (D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election official not later than four p.m. on the eighty-sixth day
before the day of that general election, or on the tenth day
following the day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the eighty-sixth day
and six or more days prior to the fifty-sixth fortieth day before
the general election, the appropriate committee may select a
person as the party candidate and certify the person's name, as
provided in the preceding sentence, not later than four p.m. on
the fiftieth tenth day following the day on which the vacancy
occurs. When the vacancy occurs fewer than six days before the
fortieth day before the general election, the deadline for filing
shall be four p.m. on the thirty-sixth day before the general
election. Thereupon the name shall be printed as the party
candidate under proper titles and in the proper place on the
proper ballots for use at the election. If a person has been
nominated in a primary election, the authorized committee of that
political party shall not select and certify a person as the party
candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fifty-sixth day before the general election,
the deadline for filing shall be four p.m. on the fiftieth day
before the general election. The nominating petition shall contain
at least seven hundred fifty signatures and no more than one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the amount
provided for in section 3513.257 of the Revised Code, whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Section 4. That existing sections 3.02, 302.09, 305.02,
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the
Revised Code are hereby repealed.
Section 5. Directives 2011-01 and 2009-21 issued by the
secretary of state are hereafter void and shall not be enforced or
have effect on or after the effective date of sections 3517.01 and
3517.012 of the Revised Code, as amended by this act.
Section 6. A board of elections shall rearrange and combine
precincts within the applicable county as necessary to comply with
the minimum precinct size requirements established in section
3501.18 of the Revised Code, as amended by this act, not later
than December 31, 2011.
Section 7. The amendment of section 3517.01 of the Revised
Code by Sections 1 and 2 of this act shall supersede the
provisions of rule 111-3-05 of the Administrative Code. On and
after the effective date of section 3517.01 of the Revised Code,
as amended by this act, rule 111-3-05 of the Administrative Code
shall be void and have no further effect.
Section 8. It is the intent of the General Assembly that the
provisions of H.B. 159 of the 129th General Assembly, if enacted,
prevail over any conflicting provisions of this act for the
purpose of determining the types of identification that are
acceptable for voting under Title XXXV of the Revised Code.