Sub. H. B. No. 194 As Reported by the House State Government and Elections Committee

As Reported by the House State Government and Elections Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 194

Representatives Mecklenborg, Blessing

Cosponsor: Representative Combs

A BILL

To amend sections 3.02, 302.09, 305.02, 503.24,

511.27, 733.31, 1545.21, 1901.10, 2101.44,

2301.02, 3501.01, 3501.02, 3501.05, 3501.051,

3501.10, 3501.11, 3501.13, 3501.17, 3501.18,

3501.20, 3501.22, 3501.26, 3501.27, 3501.28,

3501.29, 3501.30, 3501.301, 3501.31, 3501.32,

3501.33, 3501.35, 3501.37, 3501.38, 3503.02,

3503.06, 3503.14, 3503.15, 3503.16, 3503.18,

3503.19, 3503.21, 3503.26, 3503.28, 3504.02,

3504.04, 3504.05, 3505.07, 3505.08, 3505.11,

3505.13, 3505.16, 3505.17, 3505.18, 3505.181,

3505.182, 3505.183, 3505.20, 3505.21, 3505.23,

3505.24, 3505.26, 3505.28, 3505.29, 3505.30,

3505.31, 3506.05, 3506.12, 3506.15, 3509.01,

3509.02, 3509.03, 3509.031, 3509.04, 3509.05,

3509.06, 3509.07, 3509.08, 3509.09, 3511.02,

3511.04, 3511.05, 3511.06, 3511.07, 3511.08,

3511.09, 3511.10, 3511.11, 3511.13, 3511.14,

3513.02, 3513.12, 3513.131, 3513.18, 3513.19,

3513.21, 3513.262, 3513.30, 3513.31, 3515.04,

3517.01, 3517.012, 3517.10, 3517.102, 3517.103,

3517.106, 3517.1011, 3517.11, 3517.153, 3517.154,

3517.155, 3517.992, 3519.01, 3519.16, 3599.03,

3599.07, 3599.17, 3599.19, and 3599.31, to enact

new section 3504.01 and sections 3501.111,

3501.302, 3501.40, 3503.161, 3503.22, 3505.05,

3506.021, and 3599.30, and to repeal sections

3503.29, 3504.01, 3506.16, and 3517.1010 of the

Revised Code to revise the Election Law.

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

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

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

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

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

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

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

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

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

(A) The day of the next general election;

123

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

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

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

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

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

169

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

172

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

297

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

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

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

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

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

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

(1) Secretary of state;

315

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

(3) Director of a board of elections;

320

(4) Deputy director of a board of elections;

321

(5) Member of a board of elections;

322

(6) Employees of a board of elections;

323

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

324

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Appoint all members of boards of elections;

380

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(EE) Perform other duties required by law.

546

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"NOTICE	764

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J) As used in this section:

994

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Count the unused ballots without removing stubs;

1204

1205

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

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

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

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

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

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

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

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

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

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

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

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

1284

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Election officials;

1390

(b) Public school teachers.

1391

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

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

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

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

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

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

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

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

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

1458

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

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

(D) The secretary of state shall:

1472

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"State of Ohio	1589

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

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

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

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

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

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

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

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

(Signatures of precinct election officials)"	1613

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The voter's name;

1925

(2) The voter's address;

1926

(3) The current date;

1927

(4) The voter's date of birth;

1928

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

1929

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

1930

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

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

(6) The voter's signature.

1941

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

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

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

(1) An election official;

1961

(2) A county treasurer;

1962

(3) A deputy registrar of motor vehicles;

1963

(4) An employee of a designated agency;

1964

(5) An employee of a public high school;

1965

(6) An employee of a public vocational school;

1966

(7) An employee of a public library;

1967

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

1968

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

1969

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

1970

(11) An employee of an election official.

1971

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) The voter's name;

2095

(ii) The voter's address;

2096

(iii) The voter's precinct number;

2097

(iv) The voter's voting history.

2098

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The applicant's registration;

2546

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

2547

2548

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~(1) An election official;~~

2761

~~(2) A county treasurer;~~

2762

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

2763

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

2764

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

2765

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

2766

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

2767

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

2768

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

2769

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

2770

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

2771

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The elector's name;

3100

(b) The elector's address;

3101

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

(d) The elector's date of birth;

3105

(e) The elector's signature.

3106

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Eligible to vote in that election.

3260

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3416

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

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

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

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

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

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

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

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

~~"Provisional Ballot Affirmation~~	3447

~~STATE OF OHIO~~	3448

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

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

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

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

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

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

~~Additional Information For Determining Ballot Validity~~	3474

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

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

~~Verification Statement~~	3484

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3607

(b) The individual's signature;

3608

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

3609

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

(e) The individual's residence address;

3615

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3760

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

3761

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

3762

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

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

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

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

(2) Did you properly register to vote?

3788

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

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

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

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

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

(1) Do you reside in this precinct?

3808

(2) When did you move into this precinct?

3809

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

(4) What is your current mailing address?

3813

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

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

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

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

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

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

3835

(2) What is your date of birth?

3836

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Count the unused ballots without removing stubs;

4136

4137

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4305

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

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

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

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

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

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

4333

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

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

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

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

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

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

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

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

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

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

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

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

4461

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) The elector's name;

4741

(B) The elector's signature;

4742

4743

(D) The elector's date of birth;

4744

(E) One of the following:

4745

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

4746

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

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

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

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

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

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

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

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

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

(1) The elector's name;

4793

(2) The elector's signature;

4794

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

4795

(4) The elector's date of birth;

4796

(5) One of the following:

4797

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

4798

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

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

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

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

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

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

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

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

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

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

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

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

4845

(4) The elector's date of birth;

4846

(5) One of the following:

4847

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

4848

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

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

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

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

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

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

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

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

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

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

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

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

"Identification Envelope Statement of Voter	4911

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

My voting residence in Ohio is

4917

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

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

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

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

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

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

(Voter must provide one of the following:)

4930

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

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

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

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

			4947
	(Signature of Voter)		4948

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

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

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

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

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

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

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

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

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

(C) Upon receipt of any return envelope prior to the eleventh	5033
day after the day of any election, the board of elections shall	5034
open it but shall not open the identification envelope contained	5035
in it. If, upon so opening the return envelope, the board finds	5036
ballots in it that are not enclosed in and properly sealed in the	5037
identification envelope, the board shall not look at the markings	5038
upon the ballots and shall promptly place them in the	5039
identification envelope and promptly seal it. If, upon so opening	5040
the return envelope, the board finds that ballots are enclosed in	5041
the identification envelope but that it is not properly sealed,	5042
the board shall not look at the markings upon the ballots and	5043
shall promptly seal the identification envelope.	5044

Sec. 3509.06. (A) The board of elections shall determine	5045
whether absent voter's ballots shall be counted in each precinct,	5046
at the office of the board, or at some other location designated	5047
by the board, and shall proceed accordingly under division (B) or	5048
(C) of this section.	5049

(B) When the board of elections determines that absent	5050
voter's ballots shall be counted in each precinct, the ~~director~~	5051
board shall deliver to the ~~presiding judge~~voting location manager	5052
of each precinct on election day identification envelopes	5053
purporting to contain absent voter's ballots of electors whose	5054
voting residence appears from the statement of voter on the	5055
outside of each of those envelopes, to be located in ~~such~~	5056
~~presiding judge's~~that manager's precinct, and which were	5057
received by the ~~director~~board not later than the close of the	5058
polls on election day. The ~~director~~board shall deliver to ~~such~~	5059
~~presiding judge~~the voting location manager a list containing the	5060
name and voting residence of each person whose voting residence is	5061
in such precinct to whom absent voter's ballots were mailed.	5062

(C) When the board of elections determines that absent	5063
voter's ballots shall be counted at the office of the board of	5064
elections or at another location designated by the board, special	5065
election ~~judges~~officials shall be appointed by the board for that	5066
purpose having the same authority as is exercised by precinct	5067
~~judges~~election officials. The votes so cast shall be added to the	5068
vote totals ~~by the board~~for the precincts in which the applicable	5069
absent voters reside, and the absent voter's ballots shall be	5070
preserved separately by the board, in the same manner and for the	5071
same length of time as provided by section 3505.31 of the Revised	5072
Code.	5073

(D) Each of the identification envelopes purporting to	5074
contain absent voter's ballots delivered to the ~~presiding judge~~	5075
voting location manager of the precinct or the special ~~judge~~	5076
election official appointed by the board of elections shall be	5077
handled as follows: The election officials shall compare the	5078
signature of the elector on the outside of the identification	5079
envelope with the signature of that elector on the elector's	5080
registration form and verify that the absent voter's ballot is	5081
eligible to be counted under section 3509.07 of the Revised Code.	5082
Any of the precinct officials may challenge the right of the	5083
elector named on the identification envelope to vote the absent	5084
voter's ballots upon the ground that the signature on the envelope	5085
is not the same as the signature on the registration form, that	5086
the identification envelope statement of voter has not been	5087
completed, or upon any other of the grounds upon which the right	5088
of persons to vote may be lawfully challenged. If no such	5089
challenge is made, or if such a challenge is made and not	5090
sustained, the ~~presiding judge~~voting location manager shall open	5091
the envelope without defacing the statement of voter and without	5092
mutilating the ballots in it, and shall remove the ballots	5093
contained in it and proceed to count them.	5094

The name of each person voting who is entitled to vote only	5095
an absent voter's presidential ballot shall be entered in a	5096
pollbook or poll list or signature pollbook followed by the words	5097
"Absentee Presidential Ballot." The name of each person voting an	5098
absent voter's ballot, other than such persons entitled to vote	5099
only a presidential ballot, shall be entered in the pollbook or	5100
poll list or signature pollbook and the person's registration card	5101
marked to indicate that the person has voted.	5102

The date of such election shall also be entered on the	5103
elector's registration form. If any such challenge is made and	5104
sustained, the identification envelope of such elector shall not	5105
be opened, shall be endorsed "Not Counted" with the reasons the	5106
ballots were not counted, and shall be delivered to the board.	5107

(E) Special election ~~judges~~officials, employees or members	5108
of the board of elections, or observers shall not disclose the	5109
count or any portion of the count of absent voter's ballots prior	5110
to the time of the closing of the polling places. No person shall	5111
recklessly disclose the count or any portion of the count of	5112
absent voter's ballots in such a manner as to jeopardize the	5113
secrecy of any individual ballot.	5114

(F) Observers may be appointed under section 3505.21 of the	5115
Revised Code to witness the examination and opening of	5116
identification envelopes and the counting of absent voters'	5117
ballots under this section.	5118

Sec. 3509.07. If election officials find that the statement	5119
accompanying an absent voter's ballot or absent voter's	5120
presidential ballot is insufficient, that the signatures do not	5121
correspond with the person's registration signature, that the	5122
applicant is not a qualified elector in the precinct, that the	5123
ballot envelope contains more than one ballot of any one kind, or	5124
any voted ballot that the elector is not entitled to vote, that	5125
Stub A is ~~detached from~~not included in the envelope with the	5126
absent voter's ballot or absent voter's presidential ballot, or	5127
that the elector has not included with the elector's ballot any	5128
identification required under section 3509.05 or 3511.09 of the	5129
Revised Code, the vote shall not be accepted or counted. The vote	5130
of any absent voter may be challenged for cause in the same manner	5131
as other votes are challenged, and the election officials shall	5132
determine the legality of that ballot. Every ballot not counted	5133
shall be endorsed on its back "Not Counted" with the reasons the	5134
ballot was not counted, and shall be enclosed and returned to or	5135
retained by the board of elections along with the contested	5136
ballots.	5137

Sec. 3509.08. (A) Any qualified elector, who, on account of	5138
the elector's own personal illness, physical disability, or	5139
infirmity, or on account of the elector's confinement in a jail or	5140
workhouse under sentence for a misdemeanor or awaiting trial on a	5141
felony or misdemeanor, will be unable to travel from the elector's	5142
home or place of confinement to the voting booth in the elector's	5143
precinct on the day of any general, special, or primary election	5144
may make application in writing for an absent voter's ballot to	5145
~~the director of~~ the board of elections of the elector's county.	5146
The application shall include all of the information required	5147
under section 3509.03 of the Revised Code and shall state the	5148
nature of the elector's illness, physical disability, or	5149
infirmity, or the fact that the elector is confined in a jail or	5150
workhouse and the elector's resultant inability to travel to the	5151
election booth in the elector's precinct on election day. The	5152
application shall not be valid if it is delivered to the ~~director~~	5153
board before the ninetieth day or after twelve noon of the third	5154
day before the day of the election at which the ballot is to be	5155
voted.	5156

The absent voter's ballot may be mailed directly to the	5157
applicant at the applicant's voting residence or place of	5158
confinement as stated in the applicant's application, or the board	5159
may designate two board employees belonging to the two major	5160
political parties for the purpose of delivering the ballot to the	5161
disabled or confined elector and returning it to the board, unless	5162
the applicant is confined to a public or private institution	5163
within the county, in which case the board shall designate two	5164
board employees belonging to the two major political parties for	5165
the purpose of delivering the ballot to the disabled or confined	5166
elector and returning it to the board. In all other instances, the	5167
ballot shall be returned to the office of the board in the manner	5168
prescribed in section 3509.05 of the Revised Code.	5169

Any disabled or confined elector who declares to the two	5170
board employees belonging to the two major political parties that	5171
the elector is unable to mark the elector's ballot by reason of	5172
physical infirmity that is apparent to the employees to be	5173
sufficient to incapacitate the voter from marking the elector's	5174
ballot properly, may receive, upon request, the assistance of the	5175
employees in marking the elector's ballot, and they shall	5176
thereafter give no information in regard to this matter. Such	5177
assistance shall not be rendered for any other cause.	5178

When two board employees belonging to the two major political	5179
parties deliver a ballot to a disabled or confined elector, each	5180
of the employees shall be present when the ballot is delivered,	5181
when assistance is given, and when the ballot is returned to the	5182
office of the board, and shall subscribe to the declaration on the	5183
identification envelope.	5184

The secretary of state shall prescribe the form of	5185
application for absent voter's ballots under this division.	5186

This chapter applies to disabled and confined absent voter's	5187
ballots except as otherwise provided in this section.	5188

(B)(1) Any qualified elector who is unable to travel to the	5189
voting booth in the elector's precinct on the day of any general,	5190
special, or primary election may apply to ~~the director of~~ the	5191
board of elections of the county where the elector is a qualified	5192
elector to vote in the election by absent voter's ballot if either	5193
of the following apply:	5194

(a) The elector is confined in a hospital as a result of an	5195
accident or unforeseeable medical emergency occurring before the	5196
election;	5197

(b) The elector's minor child is confined in a hospital as a	5198
result of an accident or unforeseeable medical emergency occurring	5199
before the election.	5200

(2) The application authorized under division (B)(1) of this	5201
section shall be made in writing, shall include all of the	5202
information required under section 3509.03 of the Revised Code,	5203
and shall be delivered to the ~~director~~board not later than three	5204
p.m. on the day of the election. The application shall indicate	5205
the hospital where the applicant or the applicant's child is	5206
confined, the date of the applicant's or the applicant's child's	5207
admission to the hospital, and the offices for which the applicant	5208
is qualified to vote. The applicant may also request that a member	5209
of the applicant's family, as listed in section 3509.05 of the	5210
Revised Code, deliver the absent voter's ballot to the applicant.	5211
The ~~director~~board, after establishing to the ~~director's~~board's	5212
satisfaction the validity of the circumstances claimed by the	5213
applicant, shall supply an absent voter's ballot to be delivered	5214
to the applicant. When the applicant or the applicant's child is	5215
in a hospital in the county where the applicant is a qualified	5216
elector and no request is made for a member of the family to	5217
deliver the ballot, the ~~director~~board shall arrange for the	5218
delivery of an absent voter's ballot to the applicant, and for its	5219
return to the office of the board, by two board employees	5220
belonging to the two major political parties according to the	5221
procedures prescribed in division (A) of this section. When the	5222
applicant or the applicant's child is in a hospital outside the	5223
county where the applicant is a qualified elector and no request	5224
is made for a member of the family to deliver the ballot, the	5225
~~director~~board shall arrange for the delivery of an absent voter's	5226
ballot to the applicant by mail, and the ballot shall be returned	5227
to the office of the board in the manner prescribed in section	5228
3509.05 of the Revised Code.	5229

(3) Any qualified elector who is eligible to vote under	5230
division (B) or (C) of section 3503.16 of the Revised Code but is	5231
unable to do so because of the circumstances described in division	5232
(B)(2) of this section may vote in accordance with division (B)(1)	5233
of this section if that qualified elector states in the	5234
application for absent voter's ballots that that qualified elector	5235
moved or had a change of name under the circumstances described in	5236
division (B) or (C) of section 3503.16 of the Revised Code and if	5237
that qualified elector complies with divisions (G)(1) to (4) of	5238
section 3503.16 of the Revised Code.	5239

(C) Any qualified elector described in division (A) or (B)(1)	5240
of this section who needs no assistance to vote or to return	5241
absent voter's ballots to the board of elections may apply for	5242
absent voter's ballots under section 3509.03 of the Revised Code	5243
instead of applying for them under this section.	5244

Sec. 3509.09. (A) The poll list or signature pollbook for	5245
each precinct shall identify each registered elector in that	5246
precinct who has requested an absent voter's ballot for that	5247
election.	5248

(B)(1) If a registered elector appears to vote in that	5249
precinct and that elector has requested an absent voter's ballot	5250
for that election but the ~~director~~board of elections has not	5251
received a sealed identification envelope purporting to contain	5252
that elector's voted absent voter's ballots for that election, the	5253
elector shall be permitted to cast a provisional ballot under	5254
section 3505.181 of the Revised Code in that precinct on the day	5255
of that election.	5256

(2) If a registered elector appears to vote in that precinct	5257
and that elector has requested an absent voter's ballot for that	5258
election and the ~~director~~board has received a sealed	5259
identification envelope purporting to contain that elector's voted	5260
absent voter's ballots for that election, the elector shall be	5261
permitted to cast a provisional ballot under section 3505.181 of	5262
the Revised Code in that precinct on the day of that election.	5263

(C)(1) In counting absent voter's ballots under section	5264
3509.06 of the Revised Code, the board of elections shall compare	5265
the signature of each elector from whom the ~~director~~board has	5266
received a sealed identification envelope purporting to contain	5267
that elector's voted absent voter's ballots for that election to	5268
the signature on that elector's registration form. Except as	5269
otherwise provided in division (C)(3) of this section, if the	5270
board of elections determines that the absent voter's ballot in	5271
the sealed identification envelope is valid, it shall be counted.	5272
If the board of elections determines that the signature on the	5273
sealed identification envelope purporting to contain the elector's	5274
voted absent voter's ballot does not match the signature on the	5275
elector's registration form, the ballot shall be set aside and the	5276
board shall examine, during the time prior to the beginning of the	5277
official canvass, the poll list or signature pollbook from the	5278
precinct in which the elector is registered to vote to determine	5279
if the elector also cast a provisional ballot under section	5280
3505.181 of the Revised Code in that precinct on the day of the	5281
election.	5282

(2) The board of elections shall count the provisional	5283
ballot, instead of the absent voter's ballot, if both of the	5284
following apply:	5285

(a) The board of elections determines that the signature of	5286
the elector on the outside of the identification envelope in which	5287
the absent voter's ballots are enclosed does not match the	5288
signature of the elector on the elector's registration form;	5289

(b) The elector cast a provisional ballot in the precinct on	5290
the day of the election.	5291

(3) If the board of elections does not receive the sealed	5292
identification envelope purporting to contain the elector's voted	5293
absent voter's ballot by the applicable deadline established under	5294
section 3509.05 of the Revised Code, the provisional ballot cast	5295
under section 3505.181 of the Revised Code in that precinct on the	5296
day of the election shall be counted as valid, if that provisional	5297
ballot is otherwise determined to be valid pursuant to section	5298
3505.183 of the Revised Code.	5299

(D) If the board of elections counts a provisional ballot	5300
under division (C)(2) or (3) of this section, the returned	5301
identification envelope of that elector shall not be opened, and	5302
the ballot within that envelope shall not be counted. The	5303
identification envelope shall be endorsed "Not Counted" with the	5304
reason the ballot was not counted.	5305

Sec. 3511.02. Notwithstanding any section of the Revised	5306
Code to the contrary, whenever any person applies for registration	5307
as a voter on a form adopted in accordance with federal	5308
regulations relating to the "Uniformed and Overseas Citizens	5309
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5310
this application shall be sufficient for voter registration and as	5311
a request for an absent voter's ballot. Uniformed services or	5312
overseas absent voter's ballots may be obtained by any person	5313
meeting the requirements of section 3511.01 of the Revised Code by	5314
applying electronically to the secretary of state or to the board	5315
of elections of the county in which the person's voting residence	5316
is located in accordance with section 3511.021 of the Revised Code	5317
or by applying to ~~the director of~~ the board of elections of the	5318
county in which the person's voting residence is located, in one	5319
of the following ways:	5320

(A) That person may make written application for those	5321
ballots. The person may personally deliver the application to the	5322
~~director~~board or may mail it, send it by facsimile machine, or	5323
otherwise send it to the ~~director~~board. The application need not	5324
be in any particular form but shall contain all of the following	5325
information:	5326

(1) The elector's name;

5327

(2) The elector's signature;

5328

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

5329

(4) The elector's date of birth;

5330

(5) One of the following:

5331

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

5332

(b) The last four digits of the elector's social security	5333
number;	5334

(c) A copy of the elector's current and valid photo	5335
identification, a copy of a military identification, or a copy of	5336
a current utility bill, bank statement, government check,	5337
paycheck, or other government document, other than ~~a notice of an~~	5338
~~election mailed by a board of elections under section 3501.19 of~~	5339
~~the Revised Code or~~ a notice of voter registration mailed by a	5340
board of elections under section 3503.19 of the Revised Code, that	5341
shows the name and address of the elector.	5342

(6) A statement identifying the election for which absent	5343
voter's ballots are requested;	5344

(7) A statement that the person requesting the ballots is a	5345
qualified elector;	5346

(8) A statement that the elector is an absent uniformed	5347
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5348

(9) A statement of the elector's length of residence in the	5349
state immediately preceding the commencement of service,	5350
immediately preceding the date of leaving to be with or near the	5351
service member, or immediately preceding leaving the United	5352
States, whichever is applicable;	5353

(10) If the request is for primary election ballots, the	5354
elector's party affiliation;	5355

(11) If the elector desires ballots to be mailed to the	5356
elector, the address to which those ballots shall be mailed;	5357

(12) If the elector desires ballots to be sent to the elector	5358
by facsimile machine, the telephone number to which they shall be	5359
so sent.	5360

(B) A voter or any relative of a voter listed in division (C)	5361
of this section may use a single federal post card application to	5362
apply for uniformed services or overseas absent voter's ballots	5363
for use at the primary and general elections in a given year and	5364
any special election to be held on the day in that year specified	5365
by division (E) of section 3501.01 of the Revised Code for the	5366
holding of a primary election, designated by the general assembly	5367
for the purpose of submitting constitutional amendments proposed	5368
by the general assembly to the voters of the state. A single	5369
federal postcard application shall be processed by the board of	5370
elections pursuant to section 3511.04 of the Revised Code the same	5371
as if the voter had applied separately for uniformed services or	5372
overseas absent voter's ballots for each election.	5373

(C) Application to have uniformed services or overseas absent	5374
voter's ballots mailed or sent by facsimile machine to such a	5375
person may be made by the spouse, father, mother, father-in-law,	5376
mother-in-law, grandfather, grandmother, brother or sister of the	5377
whole blood or half blood, son, daughter, adopting parent, adopted	5378
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	5379
such a person. The application shall be in writing upon a blank	5380
form furnished only by the ~~director~~board of elections or on a	5381
single federal post card as provided in division (B) of this	5382
section. The form of the application shall be prescribed by the	5383
secretary of state. The ~~director~~board shall furnish that blank	5384
form to any of the relatives specified in this division desiring	5385
to make the application, only upon the request of such a relative	5386
made in person at the office of the board or upon the written	5387
request of such a relative mailed to the office of the board. The	5388
application, subscribed and sworn to by the applicant, shall	5389
contain all of the following:	5390

(1) The full name of the elector for whom ballots are	5391
requested;	5392

(2) A statement that the elector is an absent uniformed	5393
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5394

(3) The address at which the elector is registered to vote;

5395

(4) A statement identifying the elector's length of residence	5396
in the state immediately preceding the commencement of service,	5397
immediately preceding the date of leaving to be with or near a	5398
service member, or immediately preceding leaving the United	5399
States, as the case may be;	5400

(5) The elector's date of birth;

5401

(6) One of the following:

5402

(a) The elector's driver's license number;

5403

(b) The last four digits of the elector's social security	5404
number;	5405

(c) A copy of the elector's current and valid photo	5406
identification, a copy of a military identification, or a copy of	5407
a current utility bill, bank statement, government check,	5408
paycheck, or other government document, other than ~~a notice of an~~	5409
~~election mailed by a board of elections under section 3501.19 of~~	5410
~~the Revised Code or~~ a notice of voter registration mailed by a	5411
board of elections under section 3503.19 of the Revised Code, that	5412
shows the name and address of the elector.	5413

(7) A statement identifying the election for which absent	5414
voter's ballots are requested;	5415

(8) A statement that the person requesting the ballots is a	5416
qualified elector;	5417

(9) If the request is for primary election ballots, the	5418
elector's party affiliation;	5419

(10) A statement that the applicant bears a relationship to	5420
the elector as specified in division (C) of this section;	5421

(11) The address to which ballots shall be mailed or the	5422
telephone number to which ballots shall be sent by facsimile	5423
machine;	5424

(12) The signature and address of the person making the	5425
application.	5426

Each application for uniformed services or overseas absent	5427
voter's ballots shall be delivered to the ~~director~~board not	5428
earlier than the first day of January of the year of the elections	5429
for which the uniformed services or overseas absent voter's	5430
ballots are requested or not earlier than ninety days before the	5431
day of the election at which the ballots are to be voted,	5432
whichever is earlier, and not later than twelve noon of the third	5433
day preceding the day of the election, or not later than the close	5434
of regular business hours on the day before the day of the	5435
election at which those ballots are to be voted if the application	5436
is delivered in person to the office of the board.	5437

(D) If the voter for whom the application is made is entitled	5438
to vote for presidential and vice-presidential electors only, the	5439
applicant shall submit to the ~~director~~board in addition to the	5440
requirements of divisions (A), (B), and (C) of this section, a	5441
statement to the effect that the voter is qualified to vote for	5442
presidential and vice-presidential electors and for no other	5443
offices.	5444

Sec. 3511.04. (A) If ~~a director of~~ a board of elections	5445
receives an application for uniformed services or overseas absent	5446
voter's ballots that does not contain all of the required	5447
information, the ~~director~~board promptly shall notify the	5448
applicant of the additional information required to be provided by	5449
the applicant to complete that application.	5450

(B) Not later than the forty-fifth day before the day of each	5451
general or primary election, and at the earliest possible time	5452
before the day of a special election held on a day other than the	5453
day on which a general or primary election is held, ~~the director~~	5454
of the board of elections shall mail, send by facsimile machine,	5455
or otherwise send uniformed services or overseas absent voter's	5456
ballots then ready for use as provided for in section 3511.03 of	5457
the Revised Code and for which the ~~director~~board has received	5458
valid applications prior to that time. Thereafter, and until	5459
twelve noon of the third day preceding the day of election, the	5460
~~director~~board shall promptly, upon receipt of valid applications	5461
for them, mail, send by facsimile machine, or otherwise send to	5462
the proper persons all uniformed services or overseas absent	5463
voter's ballots then ready for use.	5464

If, after the seventieth day before the day of a general or	5465
primary election, any other question, issue, or candidacy is	5466
lawfully ordered submitted to the electors voting at the general	5467
or primary election, the board shall promptly provide a separate	5468
official issue, special election, or other election ballot for	5469
submitting the question, issue, or candidacy to those electors,	5470
and ~~the director shall~~ promptly mail or send by facsimile machine	5471
each such separate ballot to each person to whom the ~~director~~	5472
board has previously mailed or sent by facsimile machine other	5473
uniformed services or overseas absent voter's ballots.	5474

In mailing uniformed services or overseas absent voter's	5475
ballots, the ~~director~~board shall use the fastest mail service	5476
available, but the ~~director~~board shall not mail them by certified	5477
mail.	5478

Sec. 3511.05. (A) The ~~director of the~~ board of elections	5479
shall place uniformed services or overseas absent voter's ballots	5480
sent by mail in an unsealed identification envelope, gummed ready	5481
for sealing. The ~~director~~board shall include with uniformed	5482
services or overseas absent voter's ballots sent electronically,	5483
including by facsimile machine, an instruction sheet for preparing	5484
a gummed envelope in which the ballots shall be returned. The	5485
envelope for returning ballots sent by either means shall have	5486
printed or written on its face a form substantially as follows:	5487

"Identification Envelope Statement of Voter	5488

I, ........................(Name of voter), declare under	5489
penalty of election falsification that the within ballot or	5490
ballots contained no voting marks of any kind when I received	5491
them, and I caused the ballot or ballots to be marked, enclosed in	5492
the identification envelope, and sealed in that envelope.	5493

My voting residence in Ohio is

5494

...................................................................	5495

(Street and Number, if any, or Rural Route and Number)	5496

of ................................ (City, Village, or Township)	5497
Ohio, which is in Ward ............... Precinct ................	5498
in that city, village, or township.	5499

The primary election ballots, if any, within this envelope	5500
are primary election ballots of the ............. Party.	5501

Ballots contained within this envelope are to be voted at the	5502
.......... (general, special, or primary) election to be held on	5503
the .......................... day of ......................, ....	5504

My date of birth is ............... (Month and Day),	5505
.......... (Year).	5506

(Voter must provide one of the following:)

5507

My driver's license number is ............... (Driver's	5508
license number).	5509

The last four digits of my Social Security Number are	5510
............... (Last four digits of Social Security Number).	5511

...... In lieu of providing a driver's license number or the	5512
last four digits of my Social Security Number, I am enclosing a	5513
copy of one of the following in the return envelope in which this	5514
identification envelope will be mailed: a current and valid photo	5515
identification, a military identification, or a current utility	5516
bill, bank statement, government check, paycheck, or other	5517
government document, other than ~~a notice of an election mailed by~~	5518
~~a board of elections under section 3501.19 of the Revised Code or~~	5519
a notice of voter registration mailed by a board of elections,	5520
that shows my name and address.	5521

I hereby declare, under penalty of election falsification,	5522
that the statements above are true, as I verily believe.	5523

			5524
	(Signature of Voter)		5525

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5526
THE FIFTH DEGREE."	5527

(B) The ~~director~~board shall also mail with the ballots and	5528
the unsealed identification envelope sent by mail an unsealed	5529
return envelope, gummed, ready for sealing, for use by the voter	5530
in returning the voter's marked ballots to the ~~director~~board. The	5531
~~director~~board shall send with the ballots and the instruction	5532
sheet for preparing a gummed envelope sent electronically,	5533
including by facsimile machine, an instruction sheet for preparing	5534
a second gummed envelope as described in this division, for use by	5535
the voter in returning that voter's marked ballots to the ~~director~~	5536
board. The return envelope shall have two parallel lines, each one	5537
quarter of an inch in width, printed across its face paralleling	5538
the top, with an intervening space of one quarter of an inch	5539
between such lines. The top line shall be one and one-quarter	5540
inches from the top of the envelope. Between the parallel lines	5541
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5542
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5543
lines shall be printed in the upper left corner on the face of the	5544
envelope for the use by the voter in placing the voter's complete	5545
military, naval, or mailing address on these lines, and beneath	5546
these lines there shall be printed a box beside the words "check	5547
if out-of-country." The voter shall check this box if the voter	5548
will be outside the United States on the day of the election. The	5549
official title and the post-office address of the ~~director~~board	5550
to ~~whom~~which the envelope shall be returned shall be printed on	5551
the face of such envelope in the lower right portion below the	5552
bottom parallel line.	5553

(C) On the back of each identification envelope and each	5554
return envelope shall be printed the following:	5555

"Instructions to voter:	5556

If the flap on this envelope is so firmly stuck to the back	5557
of the envelope when received by you as to require forcible	5558
opening in order to use it, open the envelope in the manner least	5559
injurious to it, and, after marking your ballots and enclosing	5560
same in the envelope for mailing them to ~~the director of~~ the board	5561
of elections, reclose the envelope in the most practicable way, by	5562
sealing or otherwise, and sign the blank form printed below.	5563

The flap on this envelope was firmly stuck to the back of the	5564
envelope when received, and required forced opening before sealing	5565
and mailing.	5566

			5567
	(Signature of voter)"		5568

(D) Division (C) of this section does not apply when absent	5569
voter's ballots are sent electronically, including by facsimile	5570
machine.	5571

Sec. 3511.06. The return envelope provided for in section	5572
3511.05 of the Revised Code shall be of such size that the	5573
identification envelope can be conveniently placed within it for	5574
returning the identification envelope to the ~~director~~board of	5575
elections. The envelope in which the two envelopes and the	5576
uniformed services or overseas absent voter's ballots are mailed	5577
to the elector shall have two parallel lines, each one quarter of	5578
an inch in width, printed across its face, paralleling the top,	5579
with an intervening space of one-quarter of an inch between such	5580
lines. The top line shall be one and one-quarter inches from the	5581
top of the envelope. Between the parallel lines shall be printed:	5582
"official uniformed services or overseas absent voter's balloting	5583
material--via air mail." The appropriate return address of ~~the~~	5584
~~director of~~ the board of elections shall be printed in the upper	5585
left corner on the face of such envelope. Several blank lines	5586
shall be printed on the face of such envelope in the lower right	5587
portion, below the bottom parallel line, for writing in the name	5588
and address of the elector to whom such envelope is mailed.	5589

Sec. 3511.07. When mailing unsealed identification envelopes	5590
and unsealed return envelopes to persons, the ~~director of the~~	5591
board of elections shall insert a sheet of waxed paper or other	5592
appropriate insert between the gummed flap and the back of each of	5593
such envelopes to minimize the possibility that the flap may	5594
become firmly stuck to the back of the envelope by reason of	5595
moisture, humid atmosphere, or other conditions to which they may	5596
be subjected. If the flap on either of such envelopes should be so	5597
firmly stuck to the back of the envelope when it is received by	5598
the voter as to require forcible opening of the envelope in order	5599
to use it, the voter shall open such envelope in the manner least	5600
injurious to it, and, after marking ~~his~~the voter's ballots and	5601
enclosing them in the envelope for mailing to the ~~director~~board,	5602
hethe voter shall reclose such envelope in the most practicable	5603
way, by sealing it or otherwise, and shall sign the blank form	5604
printed on the back of such envelope.	5605

Sec. 3511.08. The ~~director of the~~ board of elections shall	5606
keep a record of the name and address of each person to whom the	5607
~~director~~board mails or delivers uniformed services or overseas	5608
absent voter's ballots, the kinds of ballots so mailed or	5609
delivered, and the name and address of the person who made the	5610
application for such ballots. After the ~~director~~board has mailed	5611
or delivered such ballots, the ~~director~~board shall not mail or	5612
deliver additional ballots of the same kind to such person	5613
pursuant to a subsequent request unless such subsequent request	5614
contains the statement that an earlier request had been sent to	5615
the ~~director~~board prior to the thirtieth day before the election	5616
and that the uniformed services or overseas absent voter's ballots	5617
so requested had not been received by such person prior to the	5618
fifteenth day before the election, and provided that the ~~director~~	5619
board has not received an identification envelope purporting to	5620
contain marked uniformed services or overseas absent voter's	5621
ballots from such person.	5622

Sec. 3511.09. Upon receiving uniformed services or overseas	5623
absent voter's ballots, the elector shall cause the questions on	5624
the face of the identification envelope to be answered, and, by	5625
writing the elector's usual signature in the proper place on the	5626
identification envelope, the elector shall declare under penalty	5627
of election falsification that the answers to those questions are	5628
true and correct to the best of the elector's knowledge and	5629
belief. Then, the elector shall note whether there are any voting	5630
marks on the ballot. If there are any voting marks, the ballot	5631
shall be returned immediately to the board of elections;	5632
otherwise, the elector shall cause the ballot to be marked, folded	5633
separately so as to conceal the markings on it, deposited in the	5634
identification envelope, and securely sealed in the identification	5635
envelope. The elector then shall cause the identification envelope	5636
to be placed within the return envelope, sealed in the return	5637
envelope, and mailed to ~~the director of~~ the board of elections to	5638
whom it is addressed, postage prepaid. If the elector does not	5639
provide the elector's driver's license number or the last four	5640
digits of the elector's social security number on the statement of	5641
voter on the identification envelope, the elector also shall	5642
include in the return envelope with the identification envelope a	5643
copy of the elector's current valid photo identification, a copy	5644
of a military identification, or a copy of a current utility bill,	5645
bank statement, government check, paycheck, or other government	5646
document, other than ~~a notice of an election mailed by a board of~~	5647
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5648
voter registration mailed by a board of elections under section	5649
3503.19 of the Revised Code, that shows the name and address of	5650
the elector. Each elector who will be outside the United States on	5651
the day of the election shall check the box on the return envelope	5652
indicating this fact and shall mail the return envelope to the	5653
~~director~~board prior to the close of the polls on election day.	5654

Every uniformed services or overseas absent voter's ballot	5655
identification envelope shall be accompanied by the following	5656
statement in boldface capital letters: WHOEVER COMMITS ELECTION	5657
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5658

Sec. 3511.10. If, ~~after the thirty-fifth day and~~during the	5659
time that absent voter's ballots may be cast in person before ~~the~~	5660
~~close of the polls on the day of~~ ~~a general or primary~~an election,	5661
a valid application for uniformed services or overseas absent	5662
voter's ballots is delivered to ~~the director of~~ the office of the	5663
board of elections ~~at the office of the board~~ by a person making	5664
the application on the person's own behalf, the ~~director~~board	5665
shall forthwith deliver to the person all uniformed services or	5666
overseas absent voter's ballots then ready for use, together with	5667
an identification envelope. The person shall then immediately	5668
retire to a voting booth in the office of the board, and mark the	5669
ballots. The person shall then fold each ballot separately so as	5670
to conceal the person's markings thereon, and deposit all of the	5671
ballots in the identification envelope and securely seal it.	5672
Thereupon the person shall fill in answers to the questions on the	5673
face of the identification envelope, and by writing the person's	5674
usual signature in the proper place thereon, the person shall	5675
declare under penalty of election falsification that the answers	5676
to those questions are true and correct to the best of that	5677
person's knowledge and belief. The person shall then deliver the	5678
identification envelope to the ~~director~~board. If thereafter, and	5679
before the third day preceding such election, the board provides	5680
additional separate official issue or special election ballots, as	5681
provided for in section 3511.04 of the Revised Code, the ~~director~~	5682
board shall promptly, and not later than twelve noon of the third	5683
day preceding the day of election, mail such additional ballots to	5684
such person at the address specified by that person for that	5685
purpose.	5686

In the event any person serving in the armed forces of the	5687
United States is discharged after the closing date of	5688
registration, and that person or that person's spouse, or both,	5689
meets all the other qualifications set forth in section 3511.01 of	5690
the Revised Code, the person or spouse shall be permitted to vote	5691
prior to the date of the election in the office of the board in	5692
the person's or spouse's county, as set forth in this section.	5693

Sec. 3511.11. (A) Upon receipt of any return envelope	5694
bearing the designation "Official Election Uniformed Services or	5695
Overseas Absent Voter's Ballot" prior to the eleventh day after	5696
the day of any election, ~~the director of~~ the board of elections	5697
shall open it but shall not open the identification envelope	5698
contained in it. If, upon so opening the return envelope, the	5699
~~director~~board finds ballots in it that are not enclosed in and	5700
properly sealed in the identification envelope, the ~~director~~board	5701
shall not look at the markings upon the ballots and shall promptly	5702
place them in the identification envelope and promptly seal it.	5703
If, upon so opening the return envelope, the ~~director~~board finds	5704
that ballots are enclosed in the identification envelope but that	5705
it is not properly sealed, the ~~director~~board shall not look at	5706
the markings upon the ballots and shall promptly seal the	5707
identification envelope.	5708

(B) Uniformed services or overseas absent voter's ballots	5709
delivered to the ~~director~~board not later than the close of the	5710
polls on election day shall be counted in the manner provided in	5711
section 3509.06 of the Revised Code.	5712

(C) A return envelope that indicates that the voter will be	5713
outside of the United States on the day of an election is not	5714
required to be postmarked in order for a uniformed services or	5715
overseas absent voter's ballot contained in it to be valid. Except	5716
as otherwise provided in this division, whether or not the return	5717
envelope containing the ballot is postmarked or contains an	5718
illegible postmark, a uniformed services or overseas absent	5719
voter's ballot that is received after the close of the polls on	5720
election day through the tenth day after the election day and that	5721
is delivered in a return envelope that indicates that the voter	5722
will be outside the United States on the day of the election shall	5723
be counted on the eleventh day after the election day at the	5724
office of the board of elections in the manner provided in	5725
divisions (C) and (D) of section 3509.06 of the Revised Code.	5726
However, if a return envelope containing a uniformed services or	5727
overseas absent voter's ballot is so received and so indicates,	5728
but it is postmarked, or the identification envelope in it is	5729
signed, after the close of the polls on election day, the	5730
uniformed services or overseas absent voter's ballot shall not be	5731
counted.	5732

(D)(1) Except as otherwise provided in division (D)(2) of	5733
this section, any return envelope containing a uniformed services	5734
or overseas absent voter's ballot that is postmarked within the	5735
United States prior to the day of the election shall be delivered	5736
to the ~~director~~board prior to the eleventh day after the	5737
election. Uniformed services or overseas absent voter's ballots	5738
delivered in envelopes postmarked prior to the day of the election	5739
that are received after the close of the polls on election day	5740
through the tenth day thereafter shall be counted on the eleventh	5741
day at the board of elections in the manner provided in divisions	5742
(C) and (D) of section 3509.06 of the Revised Code. Any such	5743
ballots that are received by the ~~director~~board later than the	5744
tenth day following the election shall not be counted, but shall	5745
be kept by the board in the sealed identification envelopes as	5746
provided in division (A) of this section.	5747

(2) Division (D)(1) of this section shall not apply to any	5748
mail that is postmarked using a postage evidencing system,	5749
including a postage meter, as defined in 39 C.F.R. 501.1.	5750

(E) The following types of uniformed services or overseas	5751
absent voter's ballots shall not be counted:	5752

(1) Uniformed services or overseas absent voter's ballots	5753
contained in return envelopes that bear the designation "Official	5754
Election Uniformed Services or Overseas Absent Voter's Ballots,"	5755
that are received by the ~~director~~board after the close of the	5756
polls on the day of the election, and that either are postmarked,	5757
or contain an identification envelope that is signed, on or after	5758
election day;	5759

(2) Uniformed services or overseas absent voter's ballots	5760
contained in return envelopes that bear that designation, that do	5761
not indicate they are from voters who will be outside the United	5762
States on the day of the election, and that are received after the	5763
tenth day following the election;	5764

(3) Uniformed services or overseas absent voter's ballots	5765
contained in return envelopes that bear that designation, that are	5766
received by the ~~director~~board within ten days after the day of	5767
the election, and that were postmarked before the day of the	5768
election using a postage evidencing system, including a postage	5769
meter, as defined in 39 C.F.R. 501.1.	5770

The uncounted ballots shall be preserved in their	5771
identification envelopes unopened until the time provided by	5772
section 3505.31 of the Revised Code for the destruction of all	5773
other ballots used at the election for which ballots were	5774
provided, at which time they shall be destroyed.	5775

Sec. 3511.13. (A) The poll list or signature pollbook for	5776
each precinct shall identify each registered elector in that	5777
precinct who has requested a uniformed services or overseas absent	5778
voter's ballot for that election.	5779

(B)(1) If a registered elector appears to vote in that	5780
precinct and that elector has requested a uniformed services or	5781
overseas absent voter's ballot for that election but the ~~director~~	5782
board of elections has not received a sealed identification	5783
envelope purporting to contain that elector's voted uniformed	5784
services or overseas absent voter's ballots for that election, the	5785
elector shall be permitted to cast a provisional ballot under	5786
section 3505.181 of the Revised Code in that precinct on the day	5787
of that election.	5788

(2) If a registered elector appears to vote in that precinct	5789
and that elector has requested a uniformed services or overseas	5790
absent voter's ballot for that election and the ~~director~~board has	5791
received a sealed identification envelope purporting to contain	5792
that elector's voted uniformed services or overseas absent voter's	5793
ballots for that election, the elector shall be permitted to cast	5794
a provisional ballot under section 3505.181 of the Revised Code in	5795
that precinct on the day of that election.	5796

(C)(1) In counting uniformed services or overseas absent	5797
voter's ballots under section 3511.11 of the Revised Code, the	5798
board of elections shall compare the signature of each elector	5799
from whom the ~~director~~board has received a sealed identification	5800
envelope purporting to contain that elector's voted uniformed	5801
services or overseas absent voter's ballots for that election to	5802
the signature on the elector's registration form. Except as	5803
otherwise provided in division (C)(3) of this section, if the	5804
board of elections determines that the uniformed services or	5805
overseas absent voter's ballot in the sealed identification	5806
envelope is valid, it shall be counted. If the board of elections	5807
determines that the signature on the sealed identification	5808
envelope purporting to contain the elector's voted uniformed	5809
services or overseas absent voter's ballot does not match the	5810
signature on the elector's registration form, the ballot shall be	5811
set aside and the board shall examine, during the time prior to	5812
the beginning of the official canvass, the poll list or signature	5813
pollbook from the precinct in which the elector is registered to	5814
vote to determine if the elector also cast a provisional ballot	5815
under section 3505.181 of the Revised Code in that precinct on the	5816
day of the election.	5817

(2) The board of elections shall count the provisional	5818
ballot, instead of the uniformed services or overseas absent	5819
voter's ballot, of an elector from whom the ~~director~~board has	5820
received an identification envelope purporting to contain that	5821
elector's voted uniformed services or overseas absent voter's	5822
ballots, if both of the following apply:	5823

(a) The board of elections determines that the signature of	5824
the elector on the outside of the identification envelope in which	5825
the uniformed services or overseas absent voter's ballots are	5826
enclosed does not match the signature of the elector on the	5827
elector's registration form;	5828

(b) The elector cast a provisional ballot in the precinct on	5829
the day of the election.	5830

(3) If the board of elections does not receive the sealed	5831
identification envelope purporting to contain the elector's voted	5832
uniformed services or overseas absent voter's ballot by the	5833
applicable deadline established under section 3511.11 of the	5834
Revised Code, the provisional ballot cast under section 3505.181	5835
of the Revised Code in that precinct on the day of the election	5836
shall be counted as valid, if that provisional ballot is otherwise	5837
determined to be valid pursuant to section 3505.183 of the Revised	5838
Code.	5839

(D) If the board of elections counts a provisional ballot	5840
under division (C)(2) or (3) of this section, the returned	5841
identification envelope of that elector shall not be opened, and	5842
the ballot within that envelope shall not be counted. The	5843
identification envelope shall be endorsed "Not Counted" with the	5844
reason the ballot was not counted.	5845

Sec. 3511.14. A board of elections shall accept and process	5846
federal write-in ballots for all federal, state, and local	5847
elections conducted in any year as required under "The Uniformed	5848
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	5849
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	5850

Sec. 3513.02. If, in any odd-numbered year, no ~~valid~~	5851
~~declaration of candidacy is filed~~candidate is certified to appear	5852
on the ballot for nomination as a candidate of a political party	5853
for election to any of the offices to be voted for at the general	5854
election to be held in such year, or if the number of persons	5855
~~filing such declarations of candidacy~~certified as candidates to	5856
appear on the ballot for ~~nominations~~nomination as candidates of	5857
one political party for election to such offices does not exceed,	5858
as to any such office, the number of candidates which such	5859
political party is entitled to nominate as its candidates for	5860
election to such office, then no primary election shall be held	5861
for the purpose of nominating party candidates of such party for	5862
election to offices to be voted for at such general election and	5863
no primary ballots shall be provided for such party. If, however,	5864
the only office for which there are more ~~valid declarations of~~	5865
~~candidacy filed~~candidates certified to appear on the ballot than	5866
the number to be nominated by a political party, is the office of	5867
councilperson in a ward, a primary election shall be held for such	5868
party only in the ward or wards in which there is a contest, and	5869
only the names of the candidates for the office of councilperson	5870
in such ward shall appear on the primary ballot of such political	5871
party.	5872

The election officials whose duty it would have been to	5873
provide for and conduct the holding of such primary election,	5874
declare the results thereof, and issue certificates of nomination	5875
to the persons entitled thereto if such primary election had been	5876
held shall declare each of such persons to be nominated as of the	5877
date of the ninetieth day before the primary election, issue	5878
appropriate certificates of nomination to each of them, and	5879
certify their names to the proper election officials, in order	5880
that their names may be printed on the official ballots provided	5881
for use in the succeeding general election in the same manner as	5882
though such primary election had been held and such persons had	5883
been nominated at such election.	5884

Sec. 3513.12. At a presidential primary election, ~~which~~	5885
~~shall be held on the first Tuesday after the first Monday in March~~	5886
~~in the year 2000, and similarly in every fourth year thereafter,~~	5887
delegates and alternates to the national conventions of the	5888
different major political parties shall be chosen by direct vote	5889
of the electors as provided in this chapter. Candidates for	5890
delegate and alternate shall be qualified and the election shall	5891
be conducted in the manner prescribed in this chapter for the	5892
nomination of candidates for state and district offices, except as	5893
provided in section 3513.151 of the Revised Code and except that	5894
whenever any group of candidates for delegate at large or	5895
alternate at large, or any group of candidates for delegates or	5896
alternates from districts, file with the secretary of state	5897
statements as provided by this section, designating the same	5898
persons as their first and second choices for president of the	5899
United States, such a group of candidates may submit a group	5900
petition containing a declaration of candidacy for each of such	5901
candidates. The group petition need be signed only by the number	5902
of electors required for the petition of a single candidate. No	5903
group petition shall be submitted except by a group of candidates	5904
equal in number to the whole number of delegates at large or	5905
alternates at large to be elected or equal in number to the whole	5906
number of delegates or alternates from a district to be elected.	5907

Each person seeking to be elected as delegate or alternate to	5908
the national convention of the person's political party shall file	5909
with the person's declaration of candidacy and certificate a	5910
statement in writing signed by the person in which the person	5911
shall state the person's first and second choices for nomination	5912
as the candidate of the person's party for the presidency of the	5913
United States. The secretary of state shall not permit any	5914
declaration of candidacy and certificate of a candidate for	5915
election as such delegate or alternate to be filed unless	5916
accompanied by such statement in writing. The name of a candidate	5917
for the presidency shall not be so used without the candidate's	5918
written consent.	5919

A person who is a first choice for president of candidates	5920
seeking election as delegates and alternates shall file with the	5921
secretary of state, prior to the day of the election, a list	5922
indicating the order in which certificates of election are to be	5923
issued to delegate or alternate candidates to whose candidacy the	5924
person has consented, if fewer than all of such candidates are	5925
entitled under party rules to be certified as elected. Each	5926
candidate for election as such delegate or alternate may also file	5927
along with the candidate's declaration of candidacy and	5928
certificate a statement in writing signed by the candidate in the	5929
following form:	5930

"Statement of Candidate	5931

For Election as ............ (Delegate) (Alternate) to the	5932

............ (name of political party) National Convention	5933

I hereby declare to the voters of my political party in the	5934
State of Ohio that, if elected as ............ (delegate)	5935
(alternate) to their national party convention, I shall, to the	5936
best of my judgment and ability, support that candidate for	5937
President of the United States who shall have been selected at	5938
this primary by the voters of my party in the manner provided in	5939
Chapter 3513. of the Ohio Revised Code, as their candidate for	5940
such office.	5941

	........................... (name,),		5942
	Candidate for .............		5943
	(Delegate) (Alternate)"		5944

The procedures for the selection of candidates for delegate	5945
and alternate to the national convention of a political party set	5946
forth in this section and in section 3513.121 of the Revised Code	5947
are alternative procedures, and if the procedures of this section	5948
are followed, the procedures of section 3513.121 of the Revised	5949
Code need not be followed.	5950

Sec. 3513.131. In the event two or more persons with	5951
identical surnames run for the same office in a primary election	5952
on the same ballot, the names of the candidates shall be	5953
differentiated on the ballot by varying combinations of first and	5954
middle names and initials. Within twenty-four hours after the	5955
final date for filing declarations of candidacy or petitions for	5956
candidacy, the director of the board of elections for local,	5957
municipal, county, general, or special elections, or the director	5958
of the board of elections of the most populous county for	5959
district, general, or special elections, or the secretary of state	5960
for state-wide general and special elections shall notify the	5961
persons with identical given names and surnames that the names of	5962
such persons will be differentiated on the ballot. If one of the	5963
candidates is an incumbent who is a candidate to succeed ~~himself~~	5964
self for the office hethe incumbent occupies, hethe incumbent	5965
shall have first choice of the name by which hethe incumbent is	5966
designated on the ballot. If an incumbent does not make a choice	5967
within two days after notification or if none of the candidates is	5968
an incumbent, the board of elections within three days after	5969
notification shall designate the names by which the candidates are	5970
identified on the ballot. In case of a district candidate the	5971
board of elections in the most populous county shall make the	5972
determination. In case of state-wide candidates, or in the case	5973
any board of elections fails to make a designation within three	5974
days after notification, the secretary of state shall immediately	5975
make the determination.	5976

"Notification" as required by this section shall be by the	5977
director of the board of elections or secretary of state by	5978
~~special delivery or telegram~~certified mail at the candidate's	5979
address listed in ~~his~~the candidate's declaration or petition of	5980
candidacy.	5981

Sec. 3513.18. Party primaries shall be held at the same	5982
place and time, but there shall be separate pollbooks,and tally	5983
sheets~~, and ballot boxes~~ provided at each polling place for each	5984
party participating in the election~~, and the ballot of each voter~~	5985
~~shall be placed in the ballot box of the party with which he is~~	5986
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	5987
~~of the political party whose ballots are to be placed therein, by~~	5988
~~letters pasted or printed thereon or by a card attached thereto,~~	5989
~~or both, and so placed that the designation may be easily seen and~~	5990
~~read by the voter.~~	5991

If a special election on a question or issue is held on the	5992
day of a primary election, there shall be provided in the	5993
pollbooks pages on which shall be recorded the names of all	5994
electors voting on said question or issue and not voting in such	5995
primary. It shall not be necessary for electors desiring to vote	5996
only on the question or issue to declare their political	5997
affiliation.	5998

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	5999
precinct election official, whenever any ~~judge of elections~~such	6000
official doubts that a person attempting to vote at a primary	6001
election is legally entitled to vote at that election, to	6002
challenge the right of that person to vote. The right of a person	6003
to vote at a primary election may be challenged upon the following	6004
grounds:	6005

(1) That the person whose right to vote is challenged is not	6006
a legally qualified elector;	6007

(2) That the person has received or has been promised some	6008
valuable reward or consideration for the person's vote;	6009

(3) That the person is not affiliated with or is not a member	6010
of the political party whose ballot the person desires to vote.	6011
Such party affiliation shall be determined by examining the	6012
elector's voting record for the current year and the immediately	6013
preceding two calendar years as shown on the voter's registration	6014
card, using the standards of affiliation specified in the seventh	6015
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	6016
of this section and the seventh paragraph of section 3513.05 of	6017
the Revised Code do not prohibit a person who holds an elective	6018
office for which candidates are nominated at a party primary	6019
election from doing any of the following:	6020

(a) If the person voted as a member of a different political	6021
party at any primary election within the current year and the	6022
immediately preceding two calendar years, being a candidate for	6023
nomination at a party primary held during the times specified in	6024
division (C)(2) of section 3513.191 of the Revised Code provided	6025
that the person complies with the requirements of that section;	6026

(b) Circulating the person's own petition of candidacy for	6027
party nomination in the primary election.	6028

(B) When the right of a person to vote is challenged upon the	6029
ground set forth in division (A)(3) of this section, membership in	6030
or political affiliation with a political party shall be	6031
determined by the person's statement, made under penalty of	6032
election falsification, that the person desires to be affiliated	6033
with and supports the principles of the political party whose	6034
primary ballot the person desires to vote.	6035

Sec. 3513.21. At the close of the polls in a primary	6036
election, the ~~judges of~~precinct election officials shall proceed	6037
without delay to canvass the vote, sign and seal it, and make	6038
returns thereof to the board of elections forthwith on the forms	6039
to be provided by the board. The provisions of Title XXXV of the	6040
Revised Code relating to the accounting for and return of all	6041
ballots at general elections apply to primary ballots.	6042

If there is any disagreement as to how a ballot should be	6043
counted it shall be submitted to all of the ~~judges~~precinct	6044
election officials. If three of the ~~judges~~precinct election	6045
officials do not agree as to how any part of the ballot shall be	6046
counted, that part of such ballot which three of the ~~judges~~	6047
officials do agree shall be counted and a notation made upon the	6048
ballot indicating what part has not been counted, and shall be	6049
placed in an envelope provided for that purpose, marked "Disputed	6050
Ballots" and returned to the board.	6051

The board shall, on the day when the vote is canvassed, open	6052
such sealed envelopes, determine what ballots and for whom they	6053
should be counted, and proceed to count and tally the votes on	6054
such ballots.	6055

Sec. 3513.262. The nominating petitions of all candidates	6056
required to be filed before four p.m. of the day before the day of	6057
the primary election immediately preceding the general election	6058
shall be processed as follows:	6059

If such petition is filed with the secretary of state, hethe	6060
secretary of state shall, not later than the fifteenth day of June	6061
following the filing of such petition, ~~or if the primary election~~	6062
~~was a presidential primary election, not later than the end of the~~	6063
~~sixth week after the day of that election,~~ transmit to each board	6064
such separate petition papers as purport to contain signatures of	6065
electors of the county of such board. If such petition is filed	6066
with the board of the most populous county of a district or of a	6067
county in which the major portion of the population of a	6068
subdivision is located, such board shall, not later than the	6069
fifteenth day of June, ~~or if the primary election was a~~	6070
~~presidential primary election, not later than the end of the sixth~~	6071
~~week after the day of that election,~~ transmit to each board within	6072
such district such separate petition papers of the petition as	6073
purport to contain signatures of electors of the county of such	6074
board.	6075

All petition papers so transmitted to a board and all	6076
nominating petitions filed with a board shall, under proper	6077
regulations, be open to public inspection from the fifteenth day	6078
of June until four p.m. of the thirtieth day of that month~~, or if~~	6079
~~the primary election was a presidential primary election, from the~~	6080
~~end of the sixth week after the election until four p.m. of the~~	6081
~~end of the seventh week after the election~~. Each board shall, not	6082
later than the next fifteenth day of July, ~~or if the primary~~	6083
~~election was a presidential primary election, not later than the~~	6084
~~end of the tenth week after the day of that election,~~ examine and	6085
determine the sufficiency of the signatures on the petition papers	6086
transmitted to or filed with it, and the validity of the petitions	6087
filed with it, and shall return to the secretary of state all	6088
petition papers transmitted to it by ~~him~~the secretary of state,	6089
together with its certification of its determination as to the	6090
validity or invalidity of signatures thereon, and shall return to	6091
each other board all petition papers transmitted to it by such	6092
other board, as provided in this section, together with its	6093
certification of its determination as to the validity or	6094
invalidity of signatures thereon. All other matters affecting the	6095
validity or invalidity of such petition papers shall be determined	6096
by the secretary of state or the board with whom such petition	6097
papers were filed.	6098

Written protests against nominating petitions may be filed by	6099
any qualified elector eligible to vote for the candidate whose	6100
nominating petition hethe elector objects to, not later than four	6101
p.m. of the thirtieth day of July~~, or if the primary election was~~	6102
~~a presidential primary election, not later than the end of the~~	6103
~~twelfth week after the day of that election~~. Such protests shall	6104
be filed with the election officials with whom the nominating	6105
petition was filed. Upon the filing of such protest, the election	6106
officials with whom it is filed shall promptly fix the time and	6107
place for hearing it, and shall forthwith mail notice of the	6108
filing of such protest and the time and place for hearing it to	6109
the person whose nomination is protested. They shall also	6110
forthwith mail notice of the time and place fixed for the hearing	6111
to the person who filed the protest. At the time fixed, such	6112
election officials shall hear the protest and determine the	6113
validity or invalidity of the petition. Such determination shall	6114
be final.	6115

A protest against the nominating petition filed by joint	6116
candidates for the offices of governor and lieutenant governor	6117
shall be filed, heard, and determined in the same manner as a	6118
protest against the nominating petition of a candidate who files	6119
~~by himself~~individually.	6120

Sec. 3513.30. (A)(1) If only one valid declaration of	6121
candidacy is filed for nomination as a candidate of a political	6122
party for an office and that candidate dies prior to the tenth day	6123
before the primary election, both of the following may occur:	6124

(a) The political party whose candidate died may fill the	6125
vacancy so created as provided in division (A)(2) of this section.	6126

(b) Any major political party other than the one whose	6127
candidate died may select a candidate as provided in division	6128
(A)(2) of this section under either of the following	6129
circumstances:	6130

(i) No person has filed a valid declaration of candidacy for	6131
nomination as that party's candidate at the primary election.	6132

(ii) Only one person has filed a valid declaration of	6133
candidacy for nomination as that party's candidate at the primary	6134
election, that person has withdrawn, died, or been disqualified	6135
under section 3513.052 of the Revised Code, and the vacancy so	6136
created has not been filled.	6137

(2) A vacancy may be filled under division (A)(1)(a) and a	6138
selection may be made under division (A)(1)(b) of this section by	6139
the appropriate committee of the political party in the same	6140
manner as provided in divisions (A) to (E) of section 3513.31 of	6141
the Revised Code for the filling of similar vacancies created by	6142
withdrawals or disqualifications under section 3513.052 of the	6143
Revised Code after the primary election, except that the	6144
certification required under that section may not be filed with	6145
the secretary of state, or with a board of the most populous	6146
county of a district, or with the board of a county in which the	6147
major portion of the population of a subdivision is located, later	6148
than four p.m. of the tenth day before the day of such primary	6149
election, or with any other board later than four p.m. of the	6150
fifth day before the day of such primary election.	6151

(3) If only one valid declaration of candidacy is filed for	6152
nomination as a candidate of a political party for an office and	6153
that candidate dies on or after the tenth day before the day of	6154
the primary election, that candidate is considered to have	6155
received the nomination of that candidate's political party at	6156
that primary election, and, for purposes of filling the vacancy so	6157
created, that candidate's death shall be treated as if that	6158
candidate died on the day after the day of the primary election.	6159

(B) Any person filing a declaration of candidacy may withdraw	6160
as such candidate at any time prior to the primary election. The	6161
withdrawal shall be effected and the statement of withdrawal shall	6162
be filed in accordance with the procedures prescribed in division	6163
(D) of this section for the withdrawal of persons nominated in a	6164
primary election or by nominating petition.	6165

(C) A person who is named the first choice for president of	6166
the United States by a candidate for delegate or alternate to a	6167
national convention of a political party may withdraw consent for	6168
the selection of the person as such first choice no later than	6169
four p.m. of the fortieth day before the day of the presidential	6170
primary election. Withdrawal of consent shall be for the entire	6171
slate of candidates for delegates and alternates who named such	6172
person as their presidential first choice and shall constitute	6173
withdrawal from the primary election by such delegates and	6174
alternates. The withdrawal shall be made in writing and delivered	6175
to the secretary of state. If the withdrawal is delivered to the	6176
secretary of state on or before the seventieth day before the day	6177
of the primary election, the boards of elections shall remove both	6178
the name of the withdrawn first choice and the names of such	6179
withdrawn candidates from the ballots according to the directions	6180
of the secretary of state. If the withdrawal is delivered to the	6181
secretary of state after the seventieth day before the day of the	6182
primary election, the board of elections shall not remove the name	6183
of the withdrawn first choice and the names of the withdrawn	6184
candidates from the ballots. The board of elections shall post a	6185
notice at each polling location on the day of the primary	6186
election, and shall enclose with each absent voter's ballot given	6187
or mailed after the candidate withdraws, a notice that votes for	6188
the withdrawn first choice or the withdrawn candidates will be	6189
void and will not be counted. If such names are not removed from	6190
all ballots before the day of the election, the votes for the	6191
withdrawn first choice or the withdrawn candidates are void and	6192
shall not be counted.	6193

(D) Any person nominated in a primary election or by	6194
nominating petition as a candidate for election at the next	6195
general election may withdraw as such candidate at any time prior	6196
to the general election. Such withdrawal may be effected by the	6197
filing of a written statement by such candidate announcing the	6198
candidate's withdrawal and requesting that the candidate's name	6199
not be printed on the ballots. If such candidate's declaration of	6200
candidacy or nominating petition was filed with the secretary of	6201
state, the candidate's statement of withdrawal shall be addressed	6202
to and filed with the secretary of state. If such candidate's	6203
declaration of candidacy or nominating petition was filed with a	6204
board of elections, the candidate's statement of withdrawal shall	6205
be addressed to and filed with such board.	6206

(E) When a person withdraws under division (B) or (D) of this	6207
section on or before the seventieth day before the day of the	6208
~~primary~~ election at which the person's candidacy is to appear on	6209
the ballot, the board of elections shall remove the name of the	6210
withdrawn candidate from the ballots according to the directions	6211
of the secretary of state. When a person withdraws under division	6212
(B) or (D) of this section after the seventieth day before the day	6213
of the ~~primary~~ election at which the person's candidacy is to	6214
appear on the ballot, the board of elections shall not remove the	6215
name of the withdrawn candidate from the ballots. The board of	6216
elections shall post a notice at each polling place on the day of	6217
the ~~primary~~ election, and shall enclose with each absent voter's	6218
ballot given or mailed after the candidate withdraws, a notice	6219
that votes for the withdrawn candidate will be void and will not	6220
be counted. If the name is not removed from all ballots before the	6221
day of the election, the votes for the withdrawn candidate are	6222
void and shall not be counted.	6223

Sec. 3515.04. At the time and place fixed for making a	6224
recount, the board of elections, in the presence of all observers	6225
who may be in attendance, shall open the sealed containers	6226
containing the ballots to be recounted, and shall recount them. If	6227
~~a county used punch card ballots and if a chad is attached to a~~	6228
~~punch card ballot by three or four corners, the voter shall be~~	6229
~~deemed by the board not to have recorded a candidate, question, or~~	6230
~~issue choice at the particular position on the ballot, and a vote~~	6231
~~shall not be counted at that particular position on the ballot in~~	6232
~~the recount.~~ Ballots shall be handled only by the members of the	6233
board or by the director or other employees of the board.	6234
Observers shall be permitted to see the ballots, but they shall	6235
not be permitted to touch them, and the board shall not permit the	6236
counting or tabulation of votes shown on the ballots for any	6237
nomination, or for election to any office or position, or upon any	6238
question or issue, other than the votes shown on such ballots for	6239
the nomination, election, question, or issue concerning which a	6240
recount of ballots was applied for.	6241

At any time before the ballots from all of the precincts	6242
listed in an application for the recount or involved in a recount	6243
pursuant to section 3515.011 of the Revised Code have been	6244
recounted, the applicant or declared losing candidate or nominee	6245
or each of the declared losing candidates or nominees entitled to	6246
file a request prior to the commencement of a recount, as provided	6247
in section 3515.03 of the Revised Code, may file with the board a	6248
written request to stop the recount and not recount the ballots	6249
from the precincts so listed that have not been recounted prior to	6250
the time of the request. If, upon the request, the board finds	6251
that results of the votes in the precincts recounted, if	6252
substituted for the results of the votes in those precincts as	6253
shown in the abstract of the votes in those precincts, would not	6254
cause the applicant, if a person for whom votes were cast for	6255
nomination or election, to be declared nominated or elected or if	6256
an election upon a question or issue would not cause a result	6257
contrary to the result as declared prior to such recount, it shall	6258
grant the request and shall not recount the ballots of the	6259
precincts listed in the application for recount that have not been	6260
recounted prior to that time. If the board finds otherwise, it	6261
shall deny the request and shall continue to recount ballots until	6262
the ballots from all of the precincts listed in the application	6263
for recount have been recounted; provided that, if the request is	6264
denied, it may be renewed from time to time. Upon any such	6265
renewal, the board shall consider and act upon the request in the	6266
same manner as provided in this section in connection with an	6267
original request.	6268

~~As used in this section, "chad" and "punch card ballot" have~~	6269
~~the same meanings as in section 3506.16 of the Revised Code.~~	6270

Sec. 3517.01. (A)(1) A political party within the meaning of	6271
Title XXXV of the Revised Code is any group of voters that, at the	6272
most recent regular state election, polled for its candidate for	6273
governor in the state or nominees for presidential electors at	6274
least five per cent of the entire vote cast for that office or	6275
that filed with the secretary of state, subsequent to any election	6276
in which it received less than five per cent of that vote, a	6277
petition signed by qualified electors equal in number to at least	6278
one per cent of the total vote for governor or nominees for	6279
presidential electors at the most recent election, declaring their	6280
intention of organizing a political party, the name of which shall	6281
be stated in the declaration, and of participating in the	6282
succeeding primary election, held in even-numbered years, that	6283
occurs more than ~~one hundred twenty~~ninety days after the date of	6284
filing. No such group of electors shall assume a name or	6285
designation that is similar, in the opinion of the secretary of	6286
state, to that of an existing political party as to confuse or	6287
mislead the voters at an election. If any political party fails to	6288
cast five per cent of the total vote cast at an election for the	6289
office of governor or president, it shall cease to be a political	6290
party.	6291

(2) A campaign committee shall be legally liable for any	6292
debts, contracts, or expenditures incurred or executed in its	6293
name.	6294

(B) Notwithstanding the definitions found in section 3501.01	6295
of the Revised Code, as used in this section and sections 3517.08	6296
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	6297

(1) "Campaign committee" means a candidate or a combination	6298
of two or more persons authorized by a candidate under section	6299
3517.081 of the Revised Code to receive contributions and make	6300
expenditures.	6301

(2) "Campaign treasurer" means an individual appointed by a	6302
candidate under section 3517.081 of the Revised Code.	6303

(3) "Candidate" has the same meaning as in division (H) of	6304
section 3501.01 of the Revised Code and also includes any person	6305
who, at any time before or after an election, receives	6306
contributions or makes expenditures or other use of contributions,	6307
has given consent for another to receive contributions or make	6308
expenditures or other use of contributions, or appoints a campaign	6309
treasurer, for the purpose of bringing about the person's	6310
nomination or election to public office. When two persons jointly	6311
seek the offices of governor and lieutenant governor, "candidate"	6312
means the pair of candidates jointly. "Candidate" does not include	6313
candidates for election to the offices of member of a county or	6314
state central committee, presidential elector, and delegate to a	6315
national convention or conference of a political party.	6316

(4) "Continuing association" means an association, other than	6317
a campaign committee, political party, legislative campaign fund,	6318
political contributing entity, or labor organization, that is	6319
intended to be a permanent organization that has a primary purpose	6320
other than supporting or opposing specific candidates, political	6321
parties, or ballot issues, and that functions on a regular basis	6322
throughout the year. "Continuing association" includes	6323
organizations that are determined to be not organized for profit	6324
under subsection 501 and that are described in subsection	6325
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	6326

(5) "Contribution" means a loan, gift, deposit, forgiveness	6327
of indebtedness, donation, advance, payment, or transfer of funds	6328
or anything of value, including a transfer of funds from an inter	6329
vivos or testamentary trust or decedent's estate, and the payment	6330
by any person other than the person to whom the services are	6331
rendered for the personal services of another person, which	6332
contribution is made, received, or used for the purpose of	6333
influencing the results of an election. Any loan, gift, deposit,	6334
forgiveness of indebtedness, donation, advance, payment, or	6335
transfer of funds or of anything of value, including a transfer of	6336
funds from an inter vivos or testamentary trust or decedent's	6337
estate, and the payment by any campaign committee, political	6338
action committee, legislative campaign fund, political party,	6339
political contributing entity, or person other than the person to	6340
whom the services are rendered for the personal services of	6341
another person, that is made, received, or used by a state or	6342
county political party, other than moneys a state or county	6343
political party receives from the Ohio political party fund	6344
pursuant to section 3517.17 of the Revised Code and the moneys a	6345
state or county political party may receive under sections	6346
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	6347
considered to be a "contribution" for the purpose of section	6348
3517.10 of the Revised Code and shall be included on a statement	6349
of contributions filed under that section.	6350

"Contribution" does not include any of the following:

6351

(a) Services provided without compensation by individuals	6352
volunteering a portion or all of their time on behalf of a person;	6353

(b) Ordinary home hospitality;

6354

(c) The personal expenses of a volunteer paid for by that	6355
volunteer campaign worker;	6356

(d) Any gift given to a state or county political party	6357
pursuant to section 3517.101 of the Revised Code. As used in	6358
division (B)(5)(d) of this section, "political party" means only a	6359
major political party;	6360

(e) Any contribution as defined in section 3517.1011 of the	6361
Revised Code that is made, received, or used to pay the direct	6362
costs of producing or airing an electioneering communication;	6363

(f) Any gift given to a state or county political party for	6364
the party's restricted fund under division (A)(2) of section	6365
3517.1012 of the Revised Code;	6366

(g) Any gift given to a state political party for deposit in	6367
a Levin account pursuant to section 3517.1013 of the Revised Code.	6368
As used in this division, "Levin account" has the same meaning as	6369
in that section.	6370

(h) Any donation given to a transition fund under section	6371
3517.1014 of the Revised Code.	6372

(6) "Expenditure" means the disbursement or use of a	6373
contribution for the purpose of influencing the results of an	6374
election or of making a charitable donation under division (G) of	6375
section 3517.08 of the Revised Code. Any disbursement or use of a	6376
contribution by a state or county political party is an	6377
expenditure and shall be considered either to be made for the	6378
purpose of influencing the results of an election or to be made as	6379
a charitable donation under division (G) of section 3517.08 of the	6380
Revised Code and shall be reported on a statement of expenditures	6381
filed under section 3517.10 of the Revised Code. During the thirty	6382
days preceding a primary or general election, any disbursement to	6383
pay the direct costs of producing or airing a broadcast, cable, or	6384
satellite communication that refers to a clearly identified	6385
candidate shall be considered to be made for the purpose of	6386
influencing the results of that election and shall be reported as	6387
an expenditure or as an independent expenditure under section	6388
3517.10 or 3517.105 of the Revised Code, as applicable, except	6389
that the information required to be reported regarding	6390
contributors for those expenditures or independent expenditures	6391
shall be the same as the information required to be reported under	6392
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	6393

As used in this division, "broadcast, cable, or satellite	6394
communication" and "refers to a clearly identified candidate" have	6395
the same meanings as in section 3517.1011 of the Revised Code.	6396

(7) "Personal expenses" includes, but is not limited to,	6397
ordinary expenses for accommodations, clothing, food, personal	6398
motor vehicle or airplane, and home telephone.	6399

(8) "Political action committee" means a combination of two	6400
or more persons, the primary or major purpose of which is to	6401
support or oppose any candidate, political party, or issue, or to	6402
influence the result of any election through express advocacy, and	6403
that is not a political party, a campaign committee, a political	6404
contributing entity, or a legislative campaign fund. "Political	6405
action committee" does not include either of the following:	6406

(a) A continuing association that makes disbursements for the	6407
direct costs of producing or airing electioneering communications	6408
and that does not engage in express advocacy;	6409

(b) A political club that is formed primarily for social	6410
purposes and that consists of one hundred members or less, has	6411
officers and periodic meetings, has less than two thousand five	6412
hundred dollars in its treasury at all times, and makes an	6413
aggregate total contribution of one thousand dollars or less per	6414
calendar year.	6415

(9) "Public office" means any state, county, municipal,	6416
township, or district office, except an office of a political	6417
party, that is filled by an election and the offices of United	6418
States senator and representative.	6419

(10) "Anything of value" has the same meaning as in section	6420
1.03 of the Revised Code.	6421

(11) "Beneficiary of a campaign fund" means a candidate, a	6422
public official or employee for whose benefit a campaign fund	6423
exists, and any other person who has ever been a candidate or	6424
public official or employee and for whose benefit a campaign fund	6425
exists.	6426

(12) "Campaign fund" means money or other property, including	6427
contributions.	6428

(13) "Public official or employee" has the same meaning as in	6429
section 102.01 of the Revised Code.	6430

(14) "Caucus" means all of the members of the house of	6431
representatives or all of the members of the senate of the general	6432
assembly who are members of the same political party.	6433

(15) "Legislative campaign fund" means a fund that is	6434
established as an auxiliary of a state political party and	6435
associated with one of the houses of the general assembly.	6436

(16) "In-kind contribution" means anything of value other	6437
than money that is used to influence the results of an election or	6438
is transferred to or used in support of or in opposition to a	6439
candidate, campaign committee, legislative campaign fund,	6440
political party, political action committee, or political	6441
contributing entity and that is made with the consent of, in	6442
coordination, cooperation, or consultation with, or at the request	6443
or suggestion of the benefited candidate, committee, fund, party,	6444
or entity. The financing of the dissemination, distribution, or	6445
republication, in whole or part, of any broadcast or of any	6446
written, graphic, or other form of campaign materials prepared by	6447
the candidate, the candidate's campaign committee, or their	6448
authorized agents is an in-kind contribution to the candidate and	6449
an expenditure by the candidate.	6450

(17) "Independent expenditure" means an expenditure by a	6451
person advocating the election or defeat of an identified	6452
candidate or candidates, that is not made with the consent of, in	6453
coordination, cooperation, or consultation with, or at the request	6454
or suggestion of any candidate or candidates or of the campaign	6455
committee or agent of the candidate or candidates. As used in	6456
division (B)(17) of this section:	6457

(a) "Person" means an individual, partnership, unincorporated	6458
business organization or association, political action committee,	6459
political contributing entity, separate segregated fund,	6460
association, or other organization or group of persons, but not a	6461
labor organization or a corporation unless the labor organization	6462
or corporation is a political contributing entity.	6463

(b) "Advocating" means any communication containing a message	6464
advocating election or defeat.	6465

(c) "Identified candidate" means that the name of the	6466
candidate appears, a photograph or drawing of the candidate	6467
appears, or the identity of the candidate is otherwise apparent by	6468
unambiguous reference.	6469

(d) "Made in coordination, cooperation, or consultation with,	6470
or at the request or suggestion of, any candidate or the campaign	6471
committee or agent of the candidate" means made pursuant to any	6472
arrangement, coordination, or direction by the candidate, the	6473
candidate's campaign committee, or the candidate's agent prior to	6474
the publication, distribution, display, or broadcast of the	6475
communication. An expenditure is presumed to be so made when it is	6476
any of the following:	6477

(i) Based on information about the candidate's plans,	6478
projects, or needs provided to the person making the expenditure	6479
by the candidate, or by the candidate's campaign committee or	6480
agent, with a view toward having an expenditure made;	6481

(ii) Made by or through any person who is, or has been,	6482
authorized to raise or expend funds, who is, or has been, an	6483
officer of the candidate's campaign committee, or who is, or has	6484
been, receiving any form of compensation or reimbursement from the	6485
candidate or the candidate's campaign committee or agent;	6486

(iii) Except as otherwise provided in division (D) of section	6487
3517.105 of the Revised Code, made by a political party in support	6488
of a candidate, unless the expenditure is made by a political	6489
party to conduct voter registration or voter education efforts.	6490

(e) "Agent" means any person who has actual oral or written	6491
authority, either express or implied, to make or to authorize the	6492
making of expenditures on behalf of a candidate, or means any	6493
person who has been placed in a position with the candidate's	6494
campaign committee or organization such that it would reasonably	6495
appear that in the ordinary course of campaign-related activities	6496
the person may authorize expenditures.	6497

(18) "Labor organization" means a labor union; an employee	6498
organization; a federation of labor unions, groups, locals, or	6499
other employee organizations; an auxiliary of a labor union,	6500
employee organization, or federation of labor unions, groups,	6501
locals, or other employee organizations; or any other bona fide	6502
organization in which employees participate and that exists for	6503
the purpose, in whole or in part, of dealing with employers	6504
concerning grievances, labor disputes, wages, hours, and other	6505
terms and conditions of employment.	6506

(19) "Separate segregated fund" means a separate segregated	6507
fund established pursuant to the Federal Election Campaign Act.	6508

(20) "Federal Election Campaign Act" means the "Federal	6509
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	6510
seq., as amended.	6511

(21) "Restricted fund" means the fund a state or county	6512
political party must establish under division (A)(1) of section	6513
3517.1012 of the Revised Code.	6514

(22) "Electioneering communication" has the same meaning as	6515
in section 3517.1011 of the Revised Code.	6516

(23) "Express advocacy" means a communication that contains	6517
express words advocating the nomination, election, or defeat of a	6518
candidate or that contains express words advocating the adoption	6519
or defeat of a question or issue, as determined by a final	6520
judgment of a court of competent jurisdiction.	6521

(24) "Political committee" has the same meaning as in section	6522
3517.1011 of the Revised Code.	6523

(25) "Political contributing entity" means any entity,	6524
~~including a corporation or labor organization,~~ that may lawfully	6525
make contributions and expenditures and that is not an individual	6526
or a political action committee, continuing association, campaign	6527
committee, political party, legislative campaign fund, designated	6528
state campaign committee, or state candidate fund. Subject to the	6529
restrictions on the use of corporate and labor organization funds	6530
under section 3599.03 of the Revised Code, "political contributing	6531
entity" shall include a corporation or labor organization. For	6532
purposes of this division, "lawfully" means not prohibited by any	6533
section of the Revised Code, or authorized by a final judgment of	6534
a court of competent jurisdiction.	6535

Sec. 3517.012. When a petition meeting the requirements of	6536
section 3517.01 of the Revised Code declaring the intention to	6537
organize a political party is filed with the secretary of state,	6538
the new party comes into legal existence on the date of filing and	6539
is entitled to hold a primary election as set out in section	6540
3513.01 of the Revised Code, at the primary election, held in	6541
even-numbered years that occurs more than ~~one hundred twenty~~	6542
ninety days after the date of filing.	6543

Sec. 3517.10. (A) Except as otherwise provided in this	6544
division, every campaign committee, political action committee,	6545
legislative campaign fund, political party, and political	6546
contributing entity that made or received a contribution or made	6547
an expenditure in connection with the nomination or election of	6548
any candidate or in connection with any ballot issue or question	6549
at any election held or to be held in this state shall file, on a	6550
form prescribed under this section or by electronic means of	6551
transmission as provided in this section and section 3517.106 of	6552
the Revised Code, a full, true, and itemized statement, made under	6553
penalty of election falsification, setting forth in detail the	6554
contributions and expenditures, not later than four p.m. of the	6555
following dates:	6556

(1) The twelfth day before the election to reflect	6557
contributions received and expenditures made from the close of	6558
business on the last day reflected in the last previously filed	6559
statement, if any, to the close of business on the twentieth day	6560
before the election;	6561

(2) The thirty-eighth day after the election to reflect the	6562
contributions received and expenditures made from the close of	6563
business on the last day reflected in the last previously filed	6564
statement, if any, to the close of business on the seventh day	6565
before the filing of the statement;	6566

(3) The last business day of January of every year to reflect	6567
the contributions received and expenditures made from the close of	6568
business on the last day reflected in the last previously filed	6569
statement, if any, to the close of business on the last day of	6570
December of the previous year;	6571

(4) The last business day of July of every year to reflect	6572
the contributions received and expenditures made from the close of	6573
business on the last day reflected in the last previously filed	6574
statement, if any, to the close of business on the last day of	6575
June of that year.	6576

A campaign committee shall only be required to file the	6577
statements prescribed under divisions (A)(1) and (2) of this	6578
section in connection with the nomination or election of the	6579
committee's candidate.	6580

The statement required under division (A)(1) of this section	6581
shall not be required of any campaign committee, political action	6582
committee, legislative campaign fund, political party, or	6583
political contributing entity that has received contributions of	6584
less than one thousand dollars and has made expenditures of less	6585
than one thousand dollars at the close of business on the	6586
twentieth day before the election. Those contributions and	6587
expenditures shall be reported in the statement required under	6588
division (A)(2) of this section.	6589

If an election to select candidates to appear on the general	6590
election ballot is held within sixty days before a general	6591
election, the campaign committee of a successful candidate in the	6592
earlier election may file the statement required by division	6593
(A)(1) of this section for the general election instead of the	6594
statement required by division (A)(2) of this section for the	6595
earlier election if the pregeneral election statement reflects the	6596
status of contributions and expenditures for the period twenty	6597
days before the earlier election to twenty days before the general	6598
election.	6599

If a person becomes a candidate less than twenty days before	6600
an election, the candidate's campaign committee is not required to	6601
file the statement required by division (A)(1) of this section.	6602

No statement under division (A)(3) of this section shall be	6603
required for any year in which a campaign committee, political	6604
action committee, legislative campaign fund, political party, or	6605
political contributing entity is required to file a postgeneral	6606
election statement under division (A)(2) of this section. However,	6607
a statement under division (A)(3) of this section may be filed, at	6608
the option of the campaign committee, political action committee,	6609
legislative campaign fund, political party, or political	6610
contributing entity.	6611

No campaign committee of a candidate for the office of chief	6612
justice or justice of the supreme court, and no campaign committee	6613
of a candidate for the office of judge of any court in this state,	6614
shall be required to file a statement under division (A)(4) of	6615
this section.	6616

Except as otherwise provided in this paragraph and in the	6617
next paragraph of this section, the only campaign committees	6618
required to file a statement under division (A)(4) of this section	6619
are the campaign committee of a statewide candidate and the	6620
campaign committee of a candidate for county office. The campaign	6621
committee of a candidate for any other nonjudicial office is	6622
required to file a statement under division (A)(4) of this section	6623
if that campaign committee receives, during that period,	6624
contributions exceeding ten thousand dollars.	6625

No statement under division (A)(4) of this section shall be	6626
required of a campaign committee, a political action committee, a	6627
legislative campaign fund, a political party, or a political	6628
contributing entity for any year in which the campaign committee,	6629
political action committee, legislative campaign fund, political	6630
party, or political contributing entity is required to file a	6631
postprimary election statement under division (A)(2) of this	6632
section. However, a statement under division (A)(4) of this	6633
section may be filed at the option of the campaign committee,	6634
political action committee, legislative campaign fund, political	6635
party, or political contributing entity.	6636

No statement under division (A)(3) or (4) of this section	6637
shall be required if the campaign committee, political action	6638
committee, legislative campaign fund, political party, or	6639
political contributing entity has no contributions that it has	6640
received and no expenditures that it has made since the last date	6641
reflected in its last previously filed statement. However, the	6642
campaign committee, political action committee, legislative	6643
campaign fund, political party, or political contributing entity	6644
shall file a statement to that effect, on a form prescribed under	6645
this section and made under penalty of election falsification, on	6646
the date required in division (A)(3) or (4) of this section, as	6647
applicable.	6648

The campaign committee of a statewide candidate shall file a	6649
monthly statement of contributions received during each of the	6650
months of July, August, and September in the year of the general	6651
election in which the candidate seeks office. The campaign	6652
committee of a statewide candidate shall file the monthly	6653
statement not later than three business days after the last day of	6654
the month covered by the statement. During the period beginning on	6655
the nineteenth day before the general election in which a	6656
statewide candidate seeks election to office and extending through	6657
the day of that general election, each time the campaign committee	6658
of the joint candidates for the offices of governor and lieutenant	6659
governor or of a candidate for the office of secretary of state,	6660
auditor of state, treasurer of state, or attorney general receives	6661
a contribution from a contributor that causes the aggregate amount	6662
of contributions received from that contributor during that period	6663
to equal or exceed ten thousand dollars and each time the campaign	6664
committee of a candidate for the office of chief justice or	6665
justice of the supreme court receives a contribution from a	6666
contributor that causes the aggregate amount of contributions	6667
received from that contributor during that period to exceed ten	6668
thousand dollars, the campaign committee shall file a	6669
two-business-day statement reflecting that contribution. ~~During~~	6670
~~the period beginning on the nineteenth day before a primary~~	6671
~~election in which a candidate for statewide office seeks~~	6672
~~nomination to office and extending through the day of that primary~~	6673
~~election, each time either the campaign committee of a statewide~~	6674
~~candidate in that primary election that files a notice under~~	6675
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	6676
~~campaign committee of a statewide candidate in that primary~~	6677
~~election to which, in accordance with division (D) of section~~	6678
~~3517.103 of the Revised Code, the contribution limitations~~	6679
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	6680
~~receives a contribution from a contributor that causes the~~	6681
~~aggregate amount of contributions received from that contributor~~	6682
~~during that period to exceed ten thousand dollars, the campaign~~	6683
~~committee shall file a two-business-day statement reflecting that~~	6684
~~contribution.~~ Contributions reported on a two-business-day	6685
statement required to be filed by a campaign committee of a	6686
statewide candidate in a primary election shall also be included	6687
in the postprimary election statement required to be filed by that	6688
campaign committee under division (A)(2) of this section. A	6689
two-business-day statement required by this paragraph shall be	6690
filed not later than two business days after receipt of the	6691
contribution. The statements required by this paragraph shall be	6692
filed in addition to any other statements required by this	6693
section.	6694

Subject to the secretary of state having implemented, tested,	6695
and verified the successful operation of any system the secretary	6696
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	6697
this section and division (H)(1) of section 3517.106 of the	6698
Revised Code for the filing of campaign finance statements by	6699
electronic means of transmission, a campaign committee of a	6700
statewide candidate shall file a two-business-day statement under	6701
the preceding paragraph by electronic means of transmission if the	6702
campaign committee is required to file a pre-election,	6703
postelection, or monthly statement of contributions and	6704
expenditures by electronic means of transmission under this	6705
section or section 3517.106 of the Revised Code.	6706

If a campaign committee or political action committee has no	6707
balance on hand and no outstanding obligations and desires to	6708
terminate itself, it shall file a statement to that effect, on a	6709
form prescribed under this section and made under penalty of	6710
election falsification, with the official with whom it files a	6711
statement under division (A) of this section after filing a final	6712
statement of contributions and a final statement of expenditures,	6713
if contributions have been received or expenditures made since the	6714
period reflected in its last previously filed statement.	6715

(B) Except as otherwise provided in division (C)(7) of this	6716
section, each statement required by division (A) of this section	6717
shall contain the following information:	6718

(1) The full name and address of each campaign committee,	6719
political action committee, legislative campaign fund, political	6720
party, or political contributing entity, including any treasurer	6721
of the committee, fund, party, or entity, filing a contribution	6722
and expenditure statement;	6723

(2)(a) In the case of a campaign committee, the candidate's	6724
full name and address;	6725

(b) In the case of a political action committee, the	6726
registration number assigned to the committee under division	6727
(D)(1) of this section.	6728

(3) The date of the election and whether it was or will be a	6729
general, primary, or special election;	6730

(4) A statement of contributions received, which shall	6731
include the following information:	6732

(a) The month, day, and year of the contribution;

6733

(b)(i) The full name and address of each person, political	6734
party, campaign committee, legislative campaign fund, political	6735
action committee, or political contributing entity from whom	6736
contributions are received and the registration number assigned to	6737
the political action committee under division (D)(1) of this	6738
section. The requirement of filing the full address does not apply	6739
to any statement filed by a state or local committee of a	6740
political party, to a finance committee of such committee, or to a	6741
committee recognized by a state or local committee as its	6742
fund-raising auxiliary. Notwithstanding division (F) of this	6743
section, the requirement of filing the full address shall be	6744
considered as being met if the address filed is the same address	6745
the contributor provided under division (E)(1) of this section.	6746

(ii) If a political action committee, political contributing	6747
entity, legislative campaign fund, or political party that is	6748
required to file campaign finance statements by electronic means	6749
of transmission under section 3517.106 of the Revised Code or a	6750
campaign committee of a statewide candidate or candidate for the	6751
office of member of the general assembly receives a contribution	6752
from an individual that exceeds one hundred dollars, the name of	6753
the individual's current employer, if any, or, if the individual	6754
is self-employed, the individual's occupation and the name of the	6755
individual's business, if any;	6756

(iii) If a campaign committee of a statewide candidate or	6757
candidate for the office of member of the general assembly	6758
receives a contribution transmitted pursuant to section 3599.031	6759
of the Revised Code from amounts deducted from the wages and	6760
salaries of two or more employees that exceeds in the aggregate	6761
one hundred dollars during any one filing period under division	6762
(A)(1), (2), (3), or (4) of this section, the full name of the	6763
employees' employer and the full name of the labor organization of	6764
which the employees are members, if any.	6765

(c) A description of the contribution received, if other than	6766
money;	6767

(d) The value in dollars and cents of the contribution;

6768

(e) A separately itemized account of all contributions and	6769
expenditures regardless of the amount, except a receipt of a	6770
contribution from a person in the sum of twenty-five dollars or	6771
less at one social or fund-raising activity and a receipt of a	6772
contribution transmitted pursuant to section 3599.031 of the	6773
Revised Code from amounts deducted from the wages and salaries of	6774
employees if the contribution from the amount deducted from the	6775
wages and salary of any one employee is twenty-five dollars or	6776
less aggregated in a calendar year. An account of the total	6777
contributions from each social or fund-raising activity shall	6778
include a description of and the value of each in-kind	6779
contribution received at that activity from any person who made	6780
one or more such contributions whose aggregate value exceeded two	6781
hundred fifty dollars and shall be listed separately, together	6782
with the expenses incurred and paid in connection with that	6783
activity. A campaign committee, political action committee,	6784
legislative campaign fund, political party, or political	6785
contributing entity shall keep records of contributions from each	6786
person in the amount of twenty-five dollars or less at one social	6787
or fund-raising activity and contributions from amounts deducted	6788
under section 3599.031 of the Revised Code from the wages and	6789
salary of each employee in the amount of twenty-five dollars or	6790
less aggregated in a calendar year. No continuing association that	6791
is recognized by a state or local committee of a political party	6792
as an auxiliary of the party and that makes a contribution from	6793
funds derived solely from regular dues paid by members of the	6794
auxiliary shall be required to list the name or address of any	6795
members who paid those dues.	6796

Contributions that are other income shall be itemized	6797
separately from all other contributions. The information required	6798
under division (B)(4) of this section shall be provided for all	6799
other income itemized. As used in this paragraph, "other income"	6800
means a loan, investment income, or interest income.	6801

(f) In the case of a campaign committee of a state elected	6802
officer, if a person doing business with the state elected officer	6803
in the officer's official capacity makes a contribution to the	6804
campaign committee of that officer, the information required under	6805
division (B)(4) of this section in regard to that contribution,	6806
which shall be filed together with and considered a part of the	6807
committee's statement of contributions as required under division	6808
(A) of this section but shall be filed on a separate form provided	6809
by the secretary of state. As used in this division:	6810

(i) "State elected officer" has the same meaning as in	6811
section 3517.092 of the Revised Code.	6812

(ii) "Person doing business" means a person or an officer of	6813
an entity who enters into one or more contracts with a state	6814
elected officer or anyone authorized to enter into contracts on	6815
behalf of that officer to receive payments for goods or services,	6816
if the payments total, in the aggregate, more than five thousand	6817
dollars during a calendar year.	6818

(5) A statement of expenditures which shall include the	6819
following information:	6820

(a) The month, day, and year of the expenditure;

6821

(b) The full name and address of each person, political	6822
party, campaign committee, legislative campaign fund, political	6823
action committee, or political contributing entity to whom the	6824
expenditure was made and the registration number assigned to the	6825
political action committee under division (D)(1) of this section;	6826

6827

(d) The amount of each expenditure.

6828

(C)(1) The statement of contributions and expenditures shall	6829
be signed by the person completing the form. If a statement of	6830
contributions and expenditures is filed by electronic means of	6831
transmission pursuant to this section or section 3517.106 of the	6832
Revised Code, the electronic signature of the person who executes	6833
the statement and transmits the statement by electronic means of	6834
transmission, as provided in division (H) of section 3517.106 of	6835
the Revised Code, shall be attached to or associated with the	6836
statement and shall be binding on all persons and for all purposes	6837
under the campaign finance reporting law as if the signature had	6838
been handwritten in ink on a printed form.	6839

(2) The person filing the statement, under penalty of	6840
election falsification, shall include with it a list of each	6841
anonymous contribution, the circumstances under which it was	6842
received, and the reason it cannot be attributed to a specific	6843
donor.	6844

(3) Each statement of a campaign committee of a candidate who	6845
holds public office shall contain a designation of each	6846
contributor who is an employee in any unit or department under the	6847
candidate's direct supervision and control. In a space provided in	6848
the statement, the person filing the statement shall affirm that	6849
each such contribution was voluntarily made.	6850

(4) A campaign committee that did not receive contributions	6851
or make expenditures in connection with the nomination or election	6852
of its candidate shall file a statement to that effect, on a form	6853
prescribed under this section and made under penalty of election	6854
falsification, on the date required in division (A)(2) of this	6855
section.	6856

(5) The campaign committee of any person who attempts to	6857
become a candidate and who, for any reason, does not become	6858
certified in accordance with Title XXXV of the Revised Code for	6859
placement on the official ballot of a primary, general, or special	6860
election to be held in this state, and who, at any time prior to	6861
or after an election, receives contributions or makes	6862
expenditures, or has given consent for another to receive	6863
contributions or make expenditures, for the purpose of bringing	6864
about the person's nomination or election to public office, shall	6865
file the statement or statements prescribed by this section and a	6866
termination statement, if applicable. Division (C)(5) of this	6867
section does not apply to any person with respect to an election	6868
to the offices of member of a county or state central committee,	6869
presidential elector, or delegate to a national convention or	6870
conference of a political party.	6871

(6)(a) The statements required to be filed under this section	6872
shall specify the balance in the hands of the campaign committee,	6873
political action committee, legislative campaign fund, political	6874
party, or political contributing entity and the disposition	6875
intended to be made of that balance.	6876

(b) The secretary of state shall prescribe the form for all	6877
statements required to be filed under this section and shall	6878
furnish the forms to the boards of elections in the several	6879
counties. The boards of elections shall supply printed copies of	6880
those forms without charge. The secretary of state shall prescribe	6881
the appropriate methodology, protocol, and data file structure for	6882
statements required or permitted to be filed by electronic means	6883
of transmission under division (A) of this section, divisions (E),	6884
(F), and (G) of section 3517.106, division (D) of section	6885
3517.1011, division (B) of section 3517.1012, division (C) of	6886
section 3517.1013, and divisions (D) and (I) of section 3517.1014	6887
of the Revised Code. Subject to division (A) of this section,	6888
divisions (E), (F), and (G) of section 3517.106, division (D) of	6889
section 3517.1011, division (B) of section 3517.1012, division (C)	6890
of section 3517.1013, and divisions (D) and (I) of section	6891
3517.1014 of the Revised Code, the statements required to be	6892
stored on computer by the secretary of state under division (B) of	6893
section 3517.106 of the Revised Code shall be filed in whatever	6894
format the secretary of state considers necessary to enable the	6895
secretary of state to store the information contained in the	6896
statements on computer. Any such format shall be of a type and	6897
nature that is readily available to whoever is required to file	6898
the statements in that format.	6899

(c) The secretary of state shall assess the need for training	6900
regarding the filing of campaign finance statements by electronic	6901
means of transmission and regarding associated technologies for	6902
candidates, campaign committees, political action committees,	6903
legislative campaign funds, political parties, or political	6904
contributing entities, for individuals, partnerships, or other	6905
entities, for persons making disbursements to pay the direct costs	6906
of producing or airing electioneering communications, or for	6907
treasurers of transition funds, required or permitted to file	6908
statements by electronic means of transmission under this section	6909
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	6910
3517.1014 of the Revised Code. If, in the opinion of the secretary	6911
of state, training in these areas is necessary, the secretary of	6912
state shall arrange for the provision of voluntary training	6913
programs for candidates, campaign committees, political action	6914
committees, legislative campaign funds, political parties, or	6915
political contributing entities, for individuals, partnerships,	6916
and other entities, for persons making disbursements to pay the	6917
direct costs of producing or airing electioneering communications,	6918
or for treasurers of transition funds, as appropriate.	6919

(7) Each monthly statement and each two-business-day	6920
statement required by division (A) of this section shall contain	6921
the information required by divisions (B)(1) to (4), (C)(2), and,	6922
if appropriate, (C)(3) of this section. Each statement shall be	6923
signed as required by division (C)(1) of this section.	6924

(D)(1) Prior to receiving a contribution or making an	6925
expenditure, every campaign committee, political action committee,	6926
legislative campaign fund, political party, or political	6927
contributing entity shall appoint a treasurer and shall file, on a	6928
form prescribed by the secretary of state, a designation of that	6929
appointment, including the full name and address of the treasurer	6930
and of the campaign committee, political action committee,	6931
legislative campaign fund, political party, or political	6932
contributing entity. That designation shall be filed with the	6933
official with whom the campaign committee, political action	6934
committee, legislative campaign fund, political party, or	6935
political contributing entity is required to file statements under	6936
section 3517.11 of the Revised Code. The name of a campaign	6937
committee shall include at least the last name of the campaign	6938
committee's candidate. If two or more candidates are the	6939
beneficiaries of a single campaign committee under division (B) of	6940
section 3517.081 of the Revised Code, the name of the campaign	6941
committee shall include at least the last name of each candidate	6942
who is a beneficiary of that campaign committee. The secretary of	6943
state shall assign a registration number to each political action	6944
committee that files a designation of the appointment of a	6945
treasurer under this division if the political action committee is	6946
required by division (A)(1) of section 3517.11 of the Revised Code	6947
to file the statements prescribed by this section with the	6948
secretary of state.	6949

(2) The treasurer appointed under division (D)(1) of this	6950
section shall keep a strict account of all contributions, from	6951
whom received and the purpose for which they were disbursed.	6952

(3)(a) Except as otherwise provided in section 3517.108 of	6953
the Revised Code, a campaign committee shall deposit all monetary	6954
contributions received by the committee into an account separate	6955
from a personal or business account of the candidate or campaign	6956
committee.	6957

(b) A political action committee shall deposit all monetary	6958
contributions received by the committee into an account separate	6959
from all other funds.	6960

(c) A state or county political party may establish a state	6961
candidate fund that is separate from an account that contains the	6962
public moneys received from the Ohio political party fund under	6963
section 3517.17 of the Revised Code and from all other funds. A	6964
state or county political party may deposit into its state	6965
candidate fund any amounts of monetary contributions that are made	6966
to or accepted by the political party subject to the applicable	6967
limitations, if any, prescribed in section 3517.102 of the Revised	6968
Code. A state or county political party shall deposit all other	6969
monetary contributions received by the party into one or more	6970
accounts that are separate from its state candidate fund and from	6971
its account that contains the public moneys received from the Ohio	6972
political party fund under section 3517.17 of the Revised Code.	6973

(d) Each state political party shall have only one	6974
legislative campaign fund for each house of the general assembly.	6975
Each such fund shall be separate from any other funds or accounts	6976
of that state party. A legislative campaign fund is authorized to	6977
receive contributions and make expenditures for the primary	6978
purpose of furthering the election of candidates who are members	6979
of that political party to the house of the general assembly with	6980
which that legislative campaign fund is associated. Each	6981
legislative campaign fund shall be administered and controlled in	6982
a manner designated by the caucus. As used in this division,	6983
"caucus" has the same meaning as in section 3517.01 of the Revised	6984
Code and includes, as an ex officio member, the chairperson of the	6985
state political party with which the caucus is associated or that	6986
chairperson's designee.	6987

(4) Every expenditure in excess of twenty-five dollars shall	6988
be vouched for by a receipted bill, stating the purpose of the	6989
expenditure, that shall be filed with the statement of	6990
expenditures. A canceled check with a notation of the purpose of	6991
the expenditure is a receipted bill for purposes of division	6992
(D)(4) of this section.	6993

(5) The secretary of state or the board of elections, as the	6994
case may be, shall issue a receipt for each statement filed under	6995
this section and shall preserve a copy of the receipt for a period	6996
of at least six years. All statements filed under this section	6997
shall be open to public inspection in the office where they are	6998
filed and shall be carefully preserved for a period of at least	6999
six years after the year in which they are filed.	7000

(6) The secretary of state, by rule adopted pursuant to	7001
section 3517.23 of the Revised Code, shall prescribe both of the	7002
following:	7003

(a) The manner of immediately acknowledging, with date and	7004
time received, and preserving the receipt of statements that are	7005
transmitted by electronic means of transmission to the secretary	7006
of state pursuant to this section or section 3517.106, 3517.1011,	7007
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	7008

(b) The manner of preserving the contribution and	7009
expenditure, contribution and disbursement, deposit and	7010
disbursement, gift and disbursement, or donation and disbursement	7011
information in the statements described in division (D)(6)(a) of	7012
this section. The secretary of state shall preserve the	7013
contribution and expenditure, contribution and disbursement,	7014
deposit and disbursement, gift and disbursement, or donation and	7015
disbursement information in those statements for at least ten	7016
years after the year in which they are filed by electronic means	7017
of transmission.	7018

(7) The secretary of state, pursuant to division (I) of	7019
section 3517.106 of the Revised Code, shall make available online	7020
to the public through the internet the contribution and	7021
expenditure, contribution and disbursement, deposit and	7022
disbursement, gift and disbursement, or donation and disbursement	7023
information in all statements, all addenda, amendments, or other	7024
corrections to statements, and all amended statements filed with	7025
the secretary of state by electronic or other means of	7026
transmission under this section, division (B)(2)(b) or (C)(2)(b)	7027
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	7028
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	7029
secretary of state may remove the information from the internet	7030
after a reasonable period of time.	7031

(E)(1) Any person, political party, campaign committee,	7032
legislative campaign fund, political action committee, or	7033
political contributing entity that makes a contribution in	7034
connection with the nomination or election of any candidate or in	7035
connection with any ballot issue or question at any election held	7036
or to be held in this state shall provide its full name and	7037
address to the recipient of the contribution at the time the	7038
contribution is made. The political action committee also shall	7039
provide the registration number assigned to the committee under	7040
division (D)(1) of this section to the recipient of the	7041
contribution at the time the contribution is made.	7042

(2) Any individual who makes a contribution that exceeds one	7043
hundred dollars to a political action committee, political	7044
contributing entity, legislative campaign fund, or political party	7045
or to a campaign committee of a statewide candidate or candidate	7046
for the office of member of the general assembly shall provide the	7047
name of the individual's current employer, if any, or, if the	7048
individual is self-employed, the individual's occupation and the	7049
name of the individual's business, if any, to the recipient of the	7050
contribution at the time the contribution is made. Sections	7051
3599.39 and 3599.40 of the Revised Code do not apply to division	7052
(E)(2) of this section.	7053

(3) If a campaign committee shows that it has exercised its	7054
best efforts to obtain, maintain, and submit the information	7055
required under divisions (B)(4)(b)(ii) and (iii) of this section,	7056
that committee is considered to have met the requirements of those	7057
divisions. A campaign committee shall not be considered to have	7058
exercised its best efforts unless, in connection with written	7059
solicitations, it regularly includes a written request for the	7060
information required under division (B)(4)(b)(ii) of this section	7061
from the contributor or the information required under division	7062
(B)(4)(b)(iii) of this section from whoever transmits the	7063
contribution.	7064

(4) Any check that a political action committee uses to make	7065
a contribution or an expenditure shall contain the full name and	7066
address of the committee and the registration number assigned to	7067
the committee under division (D)(1) of this section.	7068

(F) As used in this section:

7069

(1)(a) Except as otherwise provided in division (F)(1) of	7070
this section, "address" means all of the following if they exist:	7071
apartment number, street, road, or highway name and number, rural	7072
delivery route number, city or village, state, and zip code as	7073
used in a person's post-office address, but not post-office box.	7074

(b) Except as otherwise provided in division (F)(1) of this	7075
section, if an address is required in this section, a post-office	7076
box and office, room, or suite number may be included in addition	7077
to, but not in lieu of, an apartment, street, road, or highway	7078
name and number.	7079

(c) If an address is required in this section, a campaign	7080
committee, political action committee, legislative campaign fund,	7081
political party, or political contributing entity may use the	7082
business or residence address of its treasurer or deputy	7083
treasurer. The post-office box number of the campaign committee,	7084
political action committee, legislative campaign fund, political	7085
party, or political contributing entity may be used in addition to	7086
that address.	7087

(d) For the sole purpose of a campaign committee's reporting	7088
of contributions on a statement of contributions received under	7089
division (B)(4) of this section, "address" has one of the	7090
following meanings at the option of the campaign committee:	7091

(i) The same meaning as in division (F)(1)(a) of this	7092
section;	7093

(ii) All of the following, if they exist: the contributor's	7094
post-office box number and city or village, state, and zip code as	7095
used in the contributor's post-office address.	7096

(e) As used with regard to the reporting under this section	7097
of any expenditure, "address" means all of the following if they	7098
exist: apartment number, street, road, or highway name and number,	7099
rural delivery route number, city or village, state, and zip code	7100
as used in a person's post-office address, or post-office box. If	7101
an address concerning any expenditure is required in this section,	7102
a campaign committee, political action committee, legislative	7103
campaign fund, political party, or political contributing entity	7104
may use the business or residence address of its treasurer or	7105
deputy treasurer or its post-office box number.	7106

(2) "Statewide candidate" means the joint candidates for the	7107
offices of governor and lieutenant governor or a candidate for the	7108
office of secretary of state, auditor of state, treasurer of	7109
state, attorney general, member of the state board of education,	7110
chief justice of the supreme court, or justice of the supreme	7111
court.	7112

(3) "Candidate for county office" means a candidate for the	7113
office of county auditor, county treasurer, clerk of the court of	7114
common pleas, judge of the court of common pleas, sheriff, county	7115
recorder, county engineer, county commissioner, prosecuting	7116
attorney, or coroner.	7117

(G) An independent expenditure shall be reported whenever and	7118
in the same manner that an expenditure is required to be reported	7119
under this section and shall be reported pursuant to division	7120
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	7121

(H)(1) Except as otherwise provided in division (H)(2) of	7122
this section, if, during the combined pre-election and	7123
postelection reporting periods for an election, a campaign	7124
committee has received contributions of five hundred dollars or	7125
less and has made expenditures in the total amount of five hundred	7126
dollars or less, it may file a statement to that effect, under	7127
penalty of election falsification, in lieu of the statement	7128
required by division (A)(2) of this section. The statement shall	7129
indicate the total amount of contributions received and the total	7130
amount of expenditures made during those combined reporting	7131
periods.	7132

(2) In the case of a successful candidate at a primary	7133
election, if either the total contributions received by or the	7134
total expenditures made by the candidate's campaign committee	7135
during the preprimary, postprimary, pregeneral, and postgeneral	7136
election periods combined equal more than five hundred dollars,	7137
the campaign committee may file the statement under division	7138
(H)(1) of this section only for the primary election. The first	7139
statement that the campaign committee files in regard to the	7140
general election shall reflect all contributions received and all	7141
expenditures made during the preprimary and postprimary election	7142
periods.	7143

(3) Divisions (H)(1) and (2) of this section do not apply if	7144
a campaign committee receives contributions or makes expenditures	7145
prior to the first day of January of the year of the election at	7146
which the candidate seeks nomination or election to office or if	7147
the campaign committee does not file a termination statement with	7148
its postprimary election statement in the case of an unsuccessful	7149
primary election candidate or with its postgeneral election	7150
statement in the case of other candidates.	7151

(I) In the case of a contribution made by a partner of a	7152
partnership or an owner or a member of another unincorporated	7153
business from any funds of the partnership or other unincorporated	7154
business, all of the following apply:	7155

(1) The recipient of the contribution shall report the	7156
contribution by listing both the partnership or other	7157
unincorporated business and the name of the partner, owner, or	7158
member making the contribution.	7159

(2) In reporting the contribution, the recipient of the	7160
contribution shall be entitled to conclusively rely upon the	7161
information provided by the partnership or other unincorporated	7162
business, provided that the information includes one of the	7163
following:	7164

(a) The name of each partner, owner, or member as of the date	7165
of the contribution or contributions, and a statement that the	7166
total contributions are to be allocated equally among all of the	7167
partners, owners, or members; or	7168

(b) The name of each partner, owner, or member as of the date	7169
of the contribution or contributions who is participating in the	7170
contribution or contributions, and a statement that the	7171
contribution or contributions are to be allocated to those	7172
individuals in accordance with the information provided by the	7173
partnership or other unincorporated business to the recipient of	7174
the contribution.	7175

(3) For purposes of section 3517.102 of the Revised Code, the	7176
contribution shall be considered to have been made by the partner,	7177
owner, or member reported under division (I)(1) of this section.	7178

(4) No contribution from a partner of a partnership or an	7179
owner or a member of another unincorporated business shall be	7180
accepted from any funds of the partnership or other unincorporated	7181
business unless the recipient reports the contribution under	7182
division (I)(1) of this section together with the information	7183
provided under division (I)(2) of this section.	7184

(5) No partnership or other unincorporated business shall	7185
make a contribution or contributions solely in the name of the	7186
partnership or other unincorporated business.	7187

(6) As used in division (I) of this section, "partnership or	7188
other unincorporated business" includes, but is not limited to, a	7189
cooperative, a sole proprietorship, a general partnership, a	7190
limited partnership, a limited partnership association, a limited	7191
liability partnership, and a limited liability company.	7192

(J) A candidate shall have only one campaign committee at any	7193
given time for all of the offices for which the person is a	7194
candidate or holds office.	7195

(K)(1) In addition to filing a designation of appointment of	7196
a treasurer under division (D)(1) of this section, the campaign	7197
committee of any candidate for an elected municipal office that	7198
pays an annual amount of compensation of five thousand dollars or	7199
less, the campaign committee of any candidate for member of a	7200
board of education except member of the state board of education,	7201
or the campaign committee of any candidate for township trustee or	7202
township fiscal officer may sign, under penalty of election	7203
falsification, a certificate attesting that the committee will not	7204
accept contributions during an election period that exceed in the	7205
aggregate two thousand dollars from all contributors and one	7206
hundred dollars from any one individual, and that the campaign	7207
committee will not make expenditures during an election period	7208
that exceed in the aggregate two thousand dollars.	7209

The certificate shall be on a form prescribed by the	7210
secretary of state and shall be filed not later than ten days	7211
after the candidate files a declaration of candidacy and petition,	7212
a nominating petition, or a declaration of intent to be a write-in	7213
candidate.	7214

(2) Except as otherwise provided in division (K)(3) of this	7215
section, a campaign committee that files a certificate under	7216
division (K)(1) of this section is not required to file the	7217
statements required by division (A) of this section.	7218

(3) If, after filing a certificate under division (K)(1) of	7219
this section, a campaign committee exceeds any of the limitations	7220
described in that division during an election period, the	7221
certificate is void and thereafter the campaign committee shall	7222
file the statements required by division (A) of this section. If	7223
the campaign committee has not previously filed a statement, then	7224
on the first statement the campaign committee is required to file	7225
under division (A) of this section after the committee's	7226
certificate is void, the committee shall report all contributions	7227
received and expenditures made from the time the candidate filed	7228
the candidate's declaration of candidacy and petition, nominating	7229
petition, or declaration of intent to be a write-in candidate.	7230

(4) As used in division (K) of this section, "election	7231
period" means the period of time beginning on the day a person	7232
files a declaration of candidacy and petition, nominating	7233
petition, or declaration of intent to be a write-in candidate	7234
through the day of the election at which the person seeks	7235
nomination to office if the person is not elected to office, or,	7236
if the candidate was nominated in a primary election, the day of	7237
the election at which the candidate seeks office.	7238

(L) A political contributing entity that receives	7239
contributions from the dues, membership fees, or other assessments	7240
of its members or from its officers, shareholders, and employees	7241
may report the aggregate amount of contributions received from	7242
those contributors and the number of individuals making those	7243
contributions, for each filing period under divisions (A)(1), (2),	7244
(3), and (4) of this section, rather than reporting information as	7245
required under division (B)(4) of this section, including, when	7246
applicable, the name of the current employer, if any, of a	7247
contributor whose contribution exceeds one hundred dollars or, if	7248
such a contributor is self-employed, the contributor's occupation	7249
and the name of the contributor's business, if any. Division	7250
(B)(4) of this section applies to a political contributing entity	7251
with regard to contributions it receives from all other	7252
contributors.	7253

Sec. 3517.102. (A) Except as otherwise provided in section	7254
3517.103 of the Revised Code, as used in this section and sections	7255
3517.103 and 3517.104 of the Revised Code:	7256

(1) "Candidate" has the same meaning as in section 3517.01 of	7257
the Revised Code but includes only candidates for the offices of	7258
governor, lieutenant governor, secretary of state, auditor of	7259
state, treasurer of state, attorney general, member of the state	7260
board of education, member of the general assembly, chief justice	7261
of the supreme court, and justice of the supreme court.	7262

(2) "Statewide candidate" or "any one statewide candidate"	7263
means the joint candidates for the offices of governor and	7264
lieutenant governor or a candidate for the office of secretary of	7265
state, auditor of state, treasurer of state, attorney general,	7266
member of the state board of education, chief justice of the	7267
supreme court, or justice of the supreme court.	7268

(3) "Senate candidate" means a candidate for the office of	7269
state senator.	7270

(4) "House candidate" means a candidate for the office of	7271
state representative.	7272

(5)(a) "Primary election period" for a candidate begins on	7273
the beginning date of the candidate's pre-filing period specified	7274
in division (A)(9) of section 3517.109 of the Revised Code and	7275
ends on the day of the primary election.	7276

(b) In regard to any candidate, the "general election period"	7277
begins on the day after the primary election immediately preceding	7278
the general election at which the candidate seeks an office	7279
specified in division (A)(1) of this section and ends on the	7280
thirty-first day of December following that general election.	7281

(6) "State candidate fund" means the state candidate fund	7282
established by a state or county political party under division	7283
(D)(3)(c) of section 3517.10 of the Revised Code.	7284

(7) "Postgeneral election statement" means the statement	7285
filed under division (A)(2) of section 3517.10 of the Revised Code	7286
by the campaign committee of a candidate after the general	7287
election in which the candidate ran for office or filed by	7288
legislative campaign fund after the general election in an	7289
even-numbered year.	7290

(8) "Contribution" means any contribution that is required to	7291
be reported in the statement of contributions under section	7292
3517.10 of the Revised Code.	7293

(9)(a) Except as otherwise provided in division (A)(9)(b) of	7294
this section ~~and in division (F) of section 3517.103 and division~~	7295
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	7296
state campaign committee" means:	7297

(i) In the case of contributions to or from a state political	7298
party, a campaign committee of a statewide candidate, statewide	7299
officeholder, senate candidate, house candidate, or member of the	7300
general assembly.	7301

(ii) In the case of contributions to or from a county	7302
political party, a campaign committee of a senate candidate or	7303
house candidate whose candidacy is to be submitted to some or all	7304
of the electors in that county, or member of the general assembly	7305
whose district contains all or part of that county.	7306

(iii) In the case of contributions to or from a legislative	7307
campaign fund, a campaign committee of any of the following:	7308

(I) A senate or house candidate who, if elected, will be a	7309
member of the same party that established the legislative campaign	7310
fund and the same house with which the legislative campaign fund	7311
is associated;	7312

(II) A state senator or state representative who is a member	7313
of the same party that established the legislative campaign fund	7314
and the same house with which the legislative campaign fund is	7315
associated.	7316

(b) A campaign committee is no longer a "designated state	7317
campaign committee" after the campaign committee's candidate	7318
changes the designation of treasurer required to be filed under	7319
division (D)(1) of section 3517.10 of the Revised Code to indicate	7320
that the person intends to be a candidate for, or becomes a	7321
candidate for nomination or election to, any office that, if	7322
elected, would not qualify that candidate's campaign committee as	7323
a "designated state campaign committee" under division (A)(9)(a)	7324
of this section.	7325

(B)(1)(a) No individual who is seven years of age or older	7326
shall make a contribution or contributions aggregating more than:	7327

(i) Ten thousand dollars to the campaign committee of any one	7328
statewide candidate in a primary election period or in a general	7329
election period;	7330

(ii) Ten thousand dollars to the campaign committee of any	7331
one senate candidate in a primary election period or in a general	7332
election period;	7333

(iii) Ten thousand dollars to the campaign committee of any	7334
one house candidate in a primary election period or in a general	7335
election period;	7336

(iv) Ten thousand dollars to a county political party of the	7337
county in which the individual's designated Ohio residence is	7338
located for the party's state candidate fund in a calendar year;	7339

(v) Fifteen thousand dollars to any one legislative campaign	7340
fund in a calendar year;	7341

(vi) Thirty thousand dollars to any one state political party	7342
for the party's state candidate fund in a calendar year;	7343

(vii) Ten thousand dollars to any one political action	7344
committee in a calendar year;	7345

(viii) Ten thousand dollars to any one political contributing	7346
entity in a calendar year.	7347

(b) No individual shall make a contribution or contributions	7348
to the state candidate fund of a county political party of any	7349
county other than the county in which the individual's designated	7350
Ohio residence is located.	7351

(c) No individual who is under seven years of age shall make	7352
any contribution.	7353

(2)(a) Subject to division (D)(1) of this section, no	7354
political action committee shall make a contribution or	7355
contributions aggregating more than:	7356

(i) Ten thousand dollars to the campaign committee of any one	7357
statewide candidate in a primary election period or in a general	7358
election period;	7359

(ii) Ten thousand dollars to the campaign committee of any	7360
one senate candidate in a primary election period or in a general	7361
election period;	7362

(iii) Ten thousand dollars to the campaign committee of any	7363
one house candidate in a primary election period or in a general	7364
election period;	7365

(iv) Fifteen thousand dollars to any one legislative campaign	7366
fund in a calendar year;	7367

(v) Thirty thousand dollars to any one state political party	7368
for the party's state candidate fund in a calendar year;	7369

(vi) Ten thousand dollars to another political action	7370
committee or to a political contributing entity in a calendar	7371
year. This division does not apply to a political action committee	7372
that makes a contribution to a political action committee or a	7373
political contributing entity affiliated with it. For purposes of	7374
this division, a political action committee is affiliated with	7375
another political action committee or with a political	7376
contributing entity if they are both established, financed,	7377
maintained, or controlled by, or if they are, the same	7378
corporation, organization, labor organization, continuing	7379
association, or other person, including any parent, subsidiary,	7380
division, or department of that corporation, organization, labor	7381
organization, continuing association, or other person.	7382

(b) No political action committee shall make a contribution	7383
or contributions to a county political party for the party's state	7384
candidate fund.	7385

(3) No campaign committee shall make a contribution or	7386
contributions aggregating more than:	7387

(a) Ten thousand dollars to the campaign committee of any one	7388
statewide candidate in a primary election period or in a general	7389
election period;	7390

(b) Ten thousand dollars to the campaign committee of any one	7391
senate candidate in a primary election period or in a general	7392
election period;	7393

(c) Ten thousand dollars to the campaign committee of any one	7394
house candidate in a primary election period or in a general	7395
election period;	7396

(d) Ten thousand dollars to any one political action	7397
committee in a calendar year;	7398

(e) Ten thousand dollars to any one political contributing	7399
entity in a calendar year.	7400

(4)(a) Subject to division (D)(3) of this section, no	7401
political party shall make a contribution or contributions	7402
aggregating more than ten thousand dollars to any one political	7403
action committee or to any one political contributing entity in a	7404
calendar year.	7405

(b) No county political party shall make a contribution or	7406
contributions to another county political party.	7407

(5)(a) Subject to division (B)(5)(b) of this section, no	7408
campaign committee, other than a designated state campaign	7409
committee, shall make a contribution or contributions aggregating	7410
in a calendar year more than:	7411

(i) Thirty thousand dollars to any one state political party	7412
for the party's state candidate fund;	7413

(ii) Fifteen thousand dollars to any one legislative campaign	7414
fund;	7415

(iii) Ten thousand dollars to any one county political party	7416
for the party's state candidate fund.	7417

(b) No campaign committee shall make a contribution or	7418
contributions to a county political party for the party's state	7419
candidate fund unless one of the following applies:	7420

(i) The campaign committee's candidate will appear on a	7421
ballot in that county.	7422

(ii) The campaign committee's candidate is the holder of an	7423
elected public office that represents all or part of the	7424
population of that county at the time the contribution is made.	7425

(6)(a) No state candidate fund of a county political party	7426
shall make a contribution or contributions, except a contribution	7427
or contributions to a designated state campaign committee, in a	7428
primary election period or a general election period, aggregating	7429
more than:	7430

(i) Two hundred fifty thousand dollars to the campaign	7431
committee of any one statewide candidate;	7432

(ii) Ten thousand dollars to the campaign committee of any	7433
one senate candidate;	7434

(iii) Ten thousand dollars to the campaign committee of any	7435
one house candidate.	7436

(b)(i) No state candidate fund of a state or county political	7437
party shall make a transfer or a contribution or transfers or	7438
contributions of cash or cash equivalents to a designated state	7439
campaign committee in a primary election period or in a general	7440
election period aggregating more than:	7441

(I) Five hundred thousand dollars to the campaign committee	7442
of any one statewide candidate;	7443

(II) One hundred thousand dollars to the campaign committee	7444
of any one senate candidate;	7445

(III) Fifty thousand dollars to the campaign committee of any	7446
one house candidate.	7447

(ii) No legislative campaign fund shall make a transfer or a	7448
contribution or transfers or contributions of cash or cash	7449
equivalents to a designated state campaign committee aggregating	7450
more than:	7451

(I) Fifty thousand dollars in a primary election period or	7452
one hundred thousand dollars in a general election period to the	7453
campaign committee of any one senate candidate;	7454

(II) Twenty-five thousand dollars in a primary election	7455
period or fifty thousand dollars in a general election period to	7456
the campaign committee of any one house candidate.	7457

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	7458
section, "transfer or contribution of cash or cash equivalents"	7459
does not include any in-kind contributions.	7460

(c) A county political party that has no state candidate fund	7461
and that is located in a county having a population of less than	7462
one hundred fifty thousand may make one or more contributions from	7463
other accounts to any one statewide candidate or to any one	7464
designated state campaign committee that do not exceed, in the	7465
aggregate, two thousand five hundred dollars in any primary	7466
election period or general election period. As used in this	7467
division, "other accounts" does not include an account that	7468
contains the public moneys received from the Ohio political party	7469
fund under section 3517.17 of the Revised Code.	7470

(d) No legislative campaign fund shall make a contribution,	7471
other than to a designated state campaign committee or to the	7472
state candidate fund of a political party.	7473

(7)(a) Subject to division (D)(1) of this section, no	7474
political contributing entity shall make a contribution or	7475
contributions aggregating more than:	7476

(i) Ten thousand dollars to the campaign committee of any one	7477
statewide candidate in a primary election period or in a general	7478
election period;	7479

(ii) Ten thousand dollars to the campaign committee of any	7480
one senate candidate in a primary election period or in a general	7481
election period;	7482

(iii) Ten thousand dollars to the campaign committee of any	7483
one house candidate in a primary election period or in a general	7484
election period;	7485

(iv) Fifteen thousand dollars to any one legislative campaign	7486
fund in a calendar year;	7487

(v) Thirty thousand dollars to any one state political party	7488
for the party's state candidate fund in a calendar year;	7489

(vi) Ten thousand dollars to another political contributing	7490
entity or to a political action committee in a calendar year. This	7491
division does not apply to a political contributing entity that	7492
makes a contribution to a political contributing entity or a	7493
political action committee affiliated with it. For purposes of	7494
this division, a political contributing entity is affiliated with	7495
another political contributing entity or with a political action	7496
committee if they are both established, financed, maintained, or	7497
controlled by, or if they are, the same corporation, organization,	7498
labor organization, continuing association, or other person,	7499
including any parent, subsidiary, division, or department of that	7500
corporation, organization, labor organization, continuing	7501
association, or other person.	7502

(b) No political contributing entity shall make a	7503
contribution or contributions to a county political party for the	7504
party's state candidate fund.	7505

(C)(1)(a) Subject to division (D)(1) of this section, no	7506
campaign committee of a statewide candidate shall do any of the	7507
following:	7508

(i) Knowingly accept a contribution or contributions from any	7509
individual who is under seven years of age;	7510

(ii) Accept a contribution or contributions aggregating more	7511
than ten thousand dollars from any one individual who is seven	7512
years of age or older, from any one political action committee,	7513
from any one political contributing entity, or from any one other	7514
campaign committee in a primary election period or in a general	7515
election period;	7516

(iii) Accept a contribution or contributions aggregating more	7517
than two hundred fifty thousand dollars from any one or	7518
combination of state candidate funds of county political parties	7519
in a primary election period or in a general election period.	7520

(b) No campaign committee of a statewide candidate shall	7521
accept a contribution or contributions aggregating more than two	7522
thousand five hundred dollars in a primary election period or in a	7523
general election period from a county political party that has no	7524
state candidate fund and that is located in a county having a	7525
population of less than one hundred fifty thousand.	7526

(2)(a) Subject to division (D)(1) of this section and except	7527
for a designated state campaign committee, no campaign committee	7528
of a senate candidate shall do either of the following:	7529

(i) Knowingly accept a contribution or contributions from any	7530
individual who is under seven years of age;	7531

(ii) Accept a contribution or contributions aggregating more	7532
than ten thousand dollars from any one individual who is seven	7533
years of age or older, from any one political action committee,	7534
from any one political contributing entity, from any one state	7535
candidate fund of a county political party, or from any one other	7536
campaign committee in a primary election period or in a general	7537
election period.	7538

(b) No campaign committee of a senate candidate shall accept	7539
a contribution or contributions aggregating more than two thousand	7540
five hundred dollars in a primary election period or in a general	7541
election period from a county political party that has no state	7542
candidate fund and that is located in a county having a population	7543
of less than one hundred fifty thousand.	7544

(3)(a) Subject to division (D)(1) of this section and except	7545
for a designated state campaign committee, no campaign committee	7546
of a house candidate shall do either of the following:	7547

(i) Knowingly accept a contribution or contributions from any	7548
individual who is under seven years of age;	7549

(ii) Accept a contribution or contributions aggregating more	7550
than ten thousand dollars from any one individual who is seven	7551
years of age or older, from any one political action committee,	7552
from any one political contributing entity, from any one state	7553
candidate fund of a county political party, or from any one other	7554
campaign committee in a primary election period or in a general	7555
election period.	7556

(b) No campaign committee of a house candidate shall accept a	7557
contribution or contributions aggregating more than two thousand	7558
five hundred dollars in a primary election period or in a general	7559
election period from a county political party that has no state	7560
candidate fund and that is located in a county having a population	7561
of less than one hundred fifty thousand.	7562

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	7563
and except for a designated state campaign committee, no county	7564
political party shall knowingly accept a contribution or	7565
contributions from any individual who is under seven years of age,	7566
or accept a contribution or contributions for the party's state	7567
candidate fund aggregating more than ten thousand dollars from any	7568
one individual whose designated Ohio residence is located within	7569
that county and who is seven years of age or older or from any one	7570
campaign committee in a calendar year.	7571

(ii) Subject to division (D)(1) of this section, no county	7572
political party shall accept a contribution or contributions for	7573
the party's state candidate fund from any individual whose	7574
designated Ohio residence is located outside of that county and	7575
who is seven years of age or older, from any campaign committee	7576
unless the campaign committee's candidate will appear on a ballot	7577
in that county or unless the campaign committee's candidate is the	7578
holder of an elected public office that represents all or part of	7579
the population of that county at the time the contribution is	7580
accepted, or from any political action committee or any political	7581
contributing entity.	7582

(iii) No county political party shall accept a contribution	7583
or contributions from any other county political party.	7584

(b) Subject to division (D)(1) of this section, no state	7585
political party shall do either of the following:	7586

(i) Knowingly accept a contribution or contributions from any	7587
individual who is under seven years of age;	7588

(ii) Accept a contribution or contributions for the party's	7589
state candidate fund aggregating more than thirty thousand dollars	7590
from any one individual who is seven years of age or older, from	7591
any one political action committee, from any one political	7592
contributing entity, or from any one campaign committee, other	7593
than a designated state campaign committee, in a calendar year.	7594

(5) Subject to division (D)(1) of this section, no	7595
legislative campaign fund shall do either of the following:	7596

(a) Knowingly accept a contribution or contributions from any	7597
individual who is under seven years of age;	7598

(b) Accept a contribution or contributions aggregating more	7599
than fifteen thousand dollars from any one individual who is seven	7600
years of age or older, from any one political action committee,	7601
from any one political contributing entity, or from any one	7602
campaign committee, other than a designated state campaign	7603
committee, in a calendar year.	7604

(6)(a) No designated state campaign committee shall accept a	7605
transfer or contribution of cash or cash equivalents from a state	7606
candidate fund of a state political party aggregating in a primary	7607
election period or a general election period more than:	7608

(i) Five hundred thousand dollars, in the case of a campaign	7609
committee of a statewide candidate;	7610

(ii) One hundred thousand dollars, in the case of a campaign	7611
committee of a senate candidate;	7612

(iii) Fifty thousand dollars, in the case of a campaign	7613
committee of a house candidate.	7614

(b) No designated state campaign committee shall accept a	7615
transfer or contribution of cash or cash equivalents from a	7616
legislative campaign fund aggregating more than:	7617

(i) Fifty thousand dollars in a primary election period or	7618
one hundred thousand dollars in a general election period, in the	7619
case of a campaign committee of a senate candidate;	7620

(ii) Twenty-five thousand dollars in a primary election	7621
period or fifty thousand dollars in a general election period, in	7622
the case of a campaign committee of a house candidate.	7623

(c) No campaign committee of a candidate for the office of	7624
member of the general assembly, including a designated state	7625
campaign committee, shall accept a transfer or contribution of	7626
cash or cash equivalents from any one or combination of state	7627
candidate funds of county political parties aggregating in a	7628
primary election period or a general election period more than:	7629

(i) One hundred thousand dollars, in the case of a campaign	7630
committee of a senate candidate;	7631

(ii) Fifty thousand dollars, in the case of a campaign	7632
committee of a house candidate.	7633

(7)(a) Subject to division (D)(3) of this section, no	7634
political action committee and no political contributing entity	7635
shall do either of the following:	7636

(i) Knowingly accept a contribution or contributions from any	7637
individual who is under seven years of age;	7638

(ii) Accept a contribution or contributions aggregating more	7639
than ten thousand dollars from any one individual who is seven	7640
years of age or older, from any one campaign committee, or from	7641
any one political party in a calendar year.	7642

(b) Subject to division (D)(1) of this section, no political	7643
action committee shall accept a contribution or contributions	7644
aggregating more than ten thousand dollars from another political	7645
action committee or from a political contributing entity in a	7646
calendar year. Subject to division (D)(1) of this section, no	7647
political contributing entity shall accept a contribution or	7648
contributions aggregating more than ten thousand dollars from	7649
another political contributing entity or from a political action	7650
committee in a calendar year. This division does not apply to a	7651
political action committee or political contributing entity that	7652
accepts a contribution from a political action committee or	7653
political contributing entity affiliated with it. For purposes of	7654
this division, a political action committee is affiliated with	7655
another political action committee or with a political	7656
contributing entity if they are both established, financed,	7657
maintained, or controlled by the same corporation, organization,	7658
labor organization, continuing association, or other person,	7659
including any parent, subsidiary, division, or department of that	7660
corporation, organization, labor organization, continuing	7661
association, or other person.	7662

(D)(1)(a) For purposes of the limitations prescribed in	7663
division (B)(2) of this section and the limitations prescribed in	7664
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	7665
whichever is applicable, all contributions made by and all	7666
contributions accepted from political action committees that are	7667
established, financed, maintained, or controlled by, or that are,	7668
the same corporation, organization, labor organization, continuing	7669
association, or other person, including any parent, subsidiary,	7670
division, or department of that corporation, organization, labor	7671
organization, continuing association, or other person, are	7672
considered to have been made by or accepted from a single	7673
political action committee.	7674

(b) For purposes of the limitations prescribed in division	7675
(B)(7) of this section and the limitations prescribed in divisions	7676
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	7677
is applicable, all contributions made by and all contributions	7678
accepted from political contributing entities that are	7679
established, financed, maintained, or controlled by, or that are,	7680
the same corporation, organization, labor organization, continuing	7681
association, or other person, including any parent, subsidiary,	7682
division, or department of that corporation, organization, labor	7683
organization, continuing association, or other person, are	7684
considered to have been made by or accepted from a single	7685
political contributing entity.	7686

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	7687
(B)(4)(a), and (C)(7) of this section, "political action	7688
committee" does not include a political action committee that is	7689
organized to support or oppose a ballot issue or question and that	7690
makes no contributions to or expenditures on behalf of a political	7691
party, campaign committee, legislative campaign fund, political	7692
action committee, or political contributing entity. As used in	7693
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	7694
this section, "political contributing entity" does not include a	7695
political contributing entity that is organized to support or	7696
oppose a ballot issue or question and that makes no contributions	7697
to or expenditures on behalf of a political party, campaign	7698
committee, legislative campaign fund, political action committee,	7699
or political contributing entity.	7700

(3) For purposes of the limitations prescribed in divisions	7701
(B)(4) and (C)(7)(a) of this section, all contributions made by	7702
and all contributions accepted from a national political party, a	7703
state political party, and a county political party are considered	7704
to have been made by or accepted from a single political party and	7705
shall be combined with each other to determine whether the	7706
limitations have been exceeded.	7707

(E)(1) If a legislative campaign fund has kept a total amount	7708
of contributions exceeding one hundred fifty thousand dollars at	7709
the close of business on the seventh day before the postgeneral	7710
election statement is required to be filed under section 3517.10	7711
of the Revised Code, the legislative campaign fund shall comply	7712
with division (E)(2) of this section.	7713

(2)(a) Any legislative campaign fund that has kept a total	7714
amount of contributions in excess of the amount specified in	7715
division (E)(1) of this section at the close of business on the	7716
seventh day before the postgeneral election statement is required	7717
to be filed under section 3517.10 of the Revised Code shall	7718
dispose of the excess amount in the manner prescribed in division	7719
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	7720
days after the day the postgeneral election statement is required	7721
to be filed under section 3517.10 of the Revised Code. Any	7722
legislative campaign fund that is required to dispose of an excess	7723
amount of contributions under this division shall file a statement	7724
on the ninetieth day after the postgeneral election statement is	7725
required to be filed under section 3517.10 of the Revised Code	7726
indicating the total amount of contributions the fund has at the	7727
close of business on the seventh day before the postgeneral	7728
election statement is required to be filed under section 3517.10	7729
of the Revised Code and that the excess contributions were	7730
disposed of pursuant to this division and division (E)(2)(b) of	7731
this section. The statement shall be on a form prescribed by the	7732
secretary of state and shall contain any additional information	7733
the secretary of state considers necessary.	7734

(b) Any legislative campaign fund that is required to dispose	7735
of an excess amount of contributions under division (E)(2) of this	7736
section shall dispose of that excess amount by doing any of the	7737
following:	7738

(i) Giving the amount to the treasurer of state for deposit	7739
into the state treasury to the credit of the Ohio elections	7740
commission fund created by division (I) of section 3517.152 of the	7741
Revised Code;	7742

(ii) Giving the amount to individuals who made contributions	7743
to that legislative campaign fund as a refund of all or part of	7744
their contributions;	7745

(iii) Giving the amount to a corporation that is exempt from	7746
federal income taxation under subsection 501(a) and described in	7747
subsection 501(c) of the Internal Revenue Code.	7748

(F)(1) No legislative campaign fund shall fail to file a	7749
statement required by division (E) of this section.	7750

(2) No legislative campaign fund shall fail to dispose of	7751
excess contributions as required by division (E) of this section.	7752

(G) Nothing in this section shall affect, be used in	7753
determining, or supersede a limitation on campaign contributions	7754
as provided for in the Federal Election Campaign Act.	7755

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

7756

~~(a)~~(1) "Statewide candidate" means the joint candidates for	7757
the offices of governor and lieutenant governor or a candidate for	7758
the office of secretary of state, auditor of state, treasurer of	7759
state, attorney general, or member of the state board of	7760
education.	7761

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	7762
campaign committee of a candidate by the candidate ~~or by the~~	7763
~~candidate's spouse, parents, children, sons-in-law,~~	7764
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	7765
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	7766
~~marriage~~.	7767

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	7768
of a statewide candidate, senate candidate, or house candidate	7769
shall be considered "personal funds" subject to the provisions of	7770
this section ~~and section 3517.1010 of the Revised Code~~ to the	7771
extent that the loan is obtained or guaranteed by the candidate or	7772
~~is for the benefit of the candidate and is obtained or guaranteed~~	7773
~~by the candidate's spouse, parents, children, sons-in-law,~~	7774
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	7775
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	7776
~~marriage~~. A loan that is obtained or guaranteed and that is for	7777
the benefit of a statewide candidate, senate candidate, or house	7778
candidate shall not be considered "personal funds" for the	7779
purposes of this section ~~and section 3517.1010 of the Revised Code~~	7780
but shall be considered to be a "contribution" for the purposes of	7781
this chapter if the loan is obtained or guaranteed by anyone other	7782
than the candidate ~~or the candidate's spouse, parents, children,~~	7783
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	7784
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	7785
~~grandparents by marriage~~.	7786

~~(iii)~~(c) When a debt or other obligation incurred by a	7787
committee or by a candidate on behalf of the candidate's committee	7788
~~described in division (C)(1) or (2) of this section~~ is to be paid	7789
from "personal funds," those funds are considered to be expended	7790
when the debt or other obligation is incurred, regardless of when	7791
it is paid.	7792

~~(2) For purposes of this chapter, a candidate is an~~	7793
~~"opponent" when the candidate has indicated on the candidate's~~	7794
~~most recently filed designation of treasurer that the candidate~~	7795
~~seeks the same office at the same primary or general election as~~	7796
~~another candidate whose campaign committee has filed a personal~~	7797
~~funds notice required by division (C)(1) or (2) of this section.~~	7798

(B)(1) Except as otherwise provided in division (B)(2) of	7799
this section, no statewide candidate or candidate for the office	7800
of member of the general assembly shall make an expenditure of	7801
personal funds to influence the results of an election for that	7802
candidate's nomination or election to office unless the personal	7803
funds are first deposited into the campaign fund of that	7804
candidate's campaign committee.	7805

(2) A statewide candidate or candidate for the office of	7806
member of the general assembly may make an expenditure of personal	7807
funds without first depositing those funds into the campaign	7808
committee's funds as long as the aggregate total of those	7809
expenditures does not exceed five hundred dollars at any time	7810
during an election period. After the candidate's campaign	7811
committee reimburses the candidate for any direct expenditure of	7812
personal funds, the amount that was reimbursed is no longer	7813
included in the aggregate total of expenditures of personal funds	7814
subject to the five-hundred-dollar limit.	7815

~~(C)(1) If the campaign committee of any statewide candidate~~	7816
~~has received or expended or expects to expend more than one~~	7817
~~hundred thousand dollars of personal funds during a primary~~	7818
~~election period or one hundred fifty thousand dollars of personal~~	7819
~~funds during a general election period, the campaign committee~~	7820
~~shall file a personal funds notice in the manner provided in~~	7821
~~division (C)(3) of this section indicating that the committee has~~	7822
~~received or expended or expects to expend more than that amount.~~	7823
~~For the purpose of this division, a joint team of candidates for~~	7824
~~governor and lieutenant governor shall be considered a single~~	7825
~~candidate and their personal funds shall be combined.~~	7826

~~(2) If the campaign committee of any senate candidate or~~	7827
~~house candidate has received or expended or expects to expend more~~	7828
~~than twenty-five thousand dollars of personal funds during a~~	7829
~~primary election period or twenty-five thousand dollars of~~	7830
~~personal funds during a general election period, the campaign~~	7831
~~committee shall file a personal funds notice in the manner~~	7832
~~provided in division (C)(3) of this section indicating that the~~	7833
~~committee has received or expended or expects to expend more than~~	7834
~~that amount.~~	7835

~~(3) The personal funds notice required in divisions (C)(1)~~	7836
~~and (2) of this section and the declaration of no limits required~~	7837
~~under division (D)(2) of this section shall be on a form~~	7838
~~prescribed by the secretary of state. The personal funds notice~~	7839
~~required in divisions (C)(1) and (2) of this section shall be~~	7840
~~filed not later than the earlier of the following times:~~	7841

~~(a) One hundred twenty days before a primary election, in the~~	7842
~~case of personal funds received, expended, or expected to be~~	7843
~~expended during a primary election period, or not later than one~~	7844
~~hundred twenty days before a general election, in the case of~~	7845
~~personal funds received, expended, or expected to be expended~~	7846
~~during a general election period;~~	7847

~~(b) Two business days after the candidate's campaign~~	7848
~~committee receives or makes an expenditure of personal funds or~~	7849
~~the candidate makes an expenditure of personal funds on behalf of~~	7850
~~the candidate's campaign committee during that election period~~	7851
~~that exceed, in the aggregate, the amount specified in division~~	7852
~~(C)(1) or (2) of this section.~~	7853

~~The personal funds notice required under divisions (C)(1) and~~	7854
~~(2) of this section and the declaration of no limits required~~	7855
~~under division (D)(2) of this section shall be filed wherever the~~	7856
~~campaign committee files statements of contributions and~~	7857
~~expenditures under section 3517.11 of the Revised Code. The board~~	7858
~~of elections shall send to the secretary of state a copy of any~~	7859
~~personal funds notice or declaration of no limits filed by the~~	7860
~~campaign committee of a senate candidate or house candidate under~~	7861
~~division (C)(3) or (D)(2) of this section.~~	7862

~~(D)(1) Whenever a campaign committee files a notice under~~	7863
~~division (C)(1) or (2) of this section, and the campaign committee~~	7864
~~of an opponent files a declaration of no limits pursuant to~~	7865
~~division (D)(2) of this section within thirty days of the filing~~	7866
~~of the personal funds notice under division (C)(1) or (2) of this~~	7867
~~section, the contribution limitations prescribed in section~~	7868
~~3517.102 of the Revised Code no longer apply to the campaign~~	7869
~~committee of the candidate's opponent.~~	7870

~~(2) No campaign committee of a candidate described in~~	7871
~~division (D)(1) of this section shall accept any contribution or~~	7872
~~contributions from a contributor that exceed the limitations~~	7873
~~prescribed in section 3517.102 of the Revised Code until the~~	7874
~~committee files a declaration that the committee will accept~~	7875
~~contributions that exceed those limitations. This declaration~~	7876
~~shall be filed not later than thirty days after a candidate's~~	7877
~~opponent has filed a personal funds notice pursuant to division~~	7878
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	7879
~~referred to as the "declaration of no limits," and shall list all~~	7880
~~of the following:~~	7881

~~(a) The amount of cash on hand in the candidate's campaign~~	7882
~~fund at the end of the day immediately preceding the day on which~~	7883
~~the candidate's campaign committee files the declaration of no~~	7884
~~limits;~~	7885

~~(b) The value and description of all campaign assets worth~~	7886
~~five hundred dollars or more available to the candidate at the end~~	7887
~~of the day immediately preceding the day on which the candidate's~~	7888
~~campaign committee files the declaration of no limits.~~	7889

~~(3) A candidate who was not an opponent of a candidate who~~	7890
~~filed the personal funds notice required under division (C)(3) of~~	7891
~~this section on the date the personal funds notice was filed may~~	7892
~~file the declaration of no limits pursuant to division (D)(2) of~~	7893
~~this section within thirty days after becoming an opponent of the~~	7894
~~candidate who filed the personal funds notice.~~	7895

~~(4) If the candidate whose campaign committee filed a~~	7896
~~personal funds notice under division (C)(1) or (2) of this section~~	7897
~~fails to file a declaration of candidacy for the office listed on~~	7898
~~the designation of treasurer filed under division (D) of section~~	7899
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	7900
~~nominating petition for that office and dies or withdraws, both of~~	7901
~~the following apply to the campaign committee of that candidate's~~	7902
~~opponent if the opponent has filed a declaration of no limits~~	7903
~~pursuant to division (D) of this section:~~	7904

~~(a) No contribution from a contributor may thereafter be~~	7905
~~accepted that, when added to the aggregate total of all~~	7906
~~contributions received by that committee from that contributor~~	7907
~~during the primary election period or general election period,~~	7908
~~whichever is applicable, would cause that committee to exceed the~~	7909
~~contribution limitations prescribed in section 3517.102 of the~~	7910
~~Revised Code for the applicable election period.~~	7911

~~(b) The statement of primary-day finances or the year-end~~	7912
~~statement required to be filed under division (E) of section~~	7913
~~3517.1010 of the Revised Code shall be filed not later than~~	7914
~~fourteen days after the date the candidate's opponent fails to~~	7915
~~file a declaration of candidacy or nominating petition by the~~	7916
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	7917
~~calculating permitted funds under division (A)(4) of section~~	7918
~~3517.1010 of the Revised Code, the primary or general election~~	7919
~~period, whichever is applicable, shall be considered to have ended~~	7920
~~on the filing deadline, in the case of an opponent who fails to~~	7921
~~file a declaration of candidacy or nominating petition, or on the~~	7922
~~date of the opponent's death or withdrawal. In such an event, the~~	7923
~~filing of a statement of primary-day finances or year-end finances~~	7924
~~and the disposing of any excess funds as required under division~~	7925
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	7926
~~candidate's obligation to file such a statement for that election~~	7927
~~period.~~	7928

~~(E)(1) No campaign committee shall fail to file a personal~~	7929
~~funds notice as required under division (C)(1) or (2) of this~~	7930
~~section.~~	7931

~~(2) No campaign committee shall accept any contribution in~~	7932
~~excess of the contribution limitations prescribed in section~~	7933
~~3517.102 of the Revised Code:~~	7934

~~(a) Unless a declaration of no limits has been filed under~~	7935
~~division (D)(2) of this section;~~	7936

~~(b) In violation of division (D)(4) of this section once the~~	7937
~~candidate who filed a personal funds notice under division (C)(3)~~	7938
~~of this section fails to file a declaration of candidacy or~~	7939
~~nominating petition or that candidate dies or withdraws.~~	7940

~~(3) No campaign committee that violates division (E)(1) of~~	7941
~~this section shall expend any personal funds in excess of the~~	7942
~~amount specified in division (C)(1) or (2) of this section,~~	7943
~~whichever is appropriate to the committee.~~	7944

~~(4) The candidate of any campaign committee that violates~~	7945
~~division (E) of this section shall forfeit the candidate's~~	7946
~~nomination, if the candidate was nominated, or the office to which~~	7947
~~the candidate was elected, if the candidate was elected to office.~~	7948

~~(F)(1) Whenever a campaign committee files a notice under~~	7949
~~division (C)(1) or (2) of this section or whenever the~~	7950
~~contribution limitations prescribed in section 3517.102 of the~~	7951
~~Revised Code do not apply to a campaign committee under division~~	7952
~~(D)(1) of this section, that committee is not a designated state~~	7953
~~campaign committee for the purpose of the limitations prescribed~~	7954
~~in section 3517.102 of the Revised Code with regard to~~	7955
~~contributions made by that campaign committee to a legislative~~	7956
~~campaign fund or to a state candidate fund of a state or county~~	7957
~~political party.~~	7958

~~(2) Division (F)(1) of this section no longer applies to a~~	7959
~~campaign committee after both of the following occur:~~	7960

~~(a) The primary or general election period during which the~~	7961
~~contribution limitations prescribed in section 3517.102 of the~~	7962
~~Revised Code did not apply after being removed pursuant to~~	7963
~~division (D) of this section has expired;~~	7964

~~(b) When the campaign committee has disposed of all excess~~	7965
~~funds and excess aggregate contributions as required under section~~	7966
~~3517.1010 of the Revised Code.~~	7967

Sec. 3517.106. (A) As used in this section:

7968

(1) "Statewide office" means any of the offices of governor,	7969
lieutenant governor, secretary of state, auditor of state,	7970
treasurer of state, attorney general, chief justice of the supreme	7971
court, and justice of the supreme court.	7972

(2) "Addendum to a statement" includes an amendment or other	7973
correction to that statement.	7974

(B)(1) The secretary of state shall store on computer the	7975
information contained in statements of contributions and	7976
expenditures and monthly statements required to be filed under	7977
section 3517.10 of the Revised Code and in statements of	7978
independent expenditures required to be filed under section	7979
3517.105 of the Revised Code by any of the following:	7980

(a) The campaign committees of candidates for statewide	7981
office;	7982

(b) The political action committees and political	7983
contributing entities described in division (A)(1) of section	7984
3517.11 of the Revised Code;	7985

7986

(d) State political parties;

7987

(e) Individuals, partnerships, corporations, labor	7988
organizations, or other entities that make independent	7989
expenditures in support of or opposition to a statewide candidate	7990
or a statewide ballot issue or question;	7991

(f) The campaign committees of candidates for the office of	7992
member of the general assembly;	7993

(g) County political parties, with respect to their state	7994
candidate funds.	7995

(2) The secretary of state shall store on computer the	7996
information contained in disclosure of electioneering	7997
communications statements required to be filed under section	7998
3517.1011 of the Revised Code.	7999

(3) The secretary of state shall store on computer the	8000
information contained in deposit and disbursement statements	8001
required to be filed with the office of the secretary of state	8002
under section 3517.1012 of the Revised Code.	8003

(4) The secretary of state shall store on computer the gift	8004
and disbursement information contained in statements required to	8005
be filed with the office of the secretary of state under section	8006
3517.1013 of the Revised Code.	8007

(5) The secretary of state shall store on computer the	8008
information contained in donation and disbursement statements	8009
required to be filed with the office of the secretary of state	8010
under section 3517.1014 of the Revised Code.	8011

(C)(1) The secretary of state shall make available to the	8012
campaign committees, political action committees, political	8013
contributing entities, legislative campaign funds, political	8014
parties, individuals, partnerships, corporations, labor	8015
organizations, treasurers of transition funds, and other entities	8016
described in division (B) of this section, and to members of the	8017
news media and other interested persons, for a reasonable fee,	8018
computer programs that are compatible with the secretary of	8019
state's method of storing the information contained in the	8020
statements.	8021

(2) The secretary of state shall make the information	8022
required to be stored under division (B) of this section available	8023
on computer at the secretary of state's office so that, to the	8024
maximum extent feasible, individuals may obtain at the secretary	8025
of state's office any part or all of that information for any	8026
given year, subject to the limitation expressed in division (D) of	8027
this section.	8028

(D) The secretary of state shall keep the information stored	8029
on computer under division (B) of this section for at least six	8030
years.	8031

(E)(1) Subject to division (L) of this section and subject to	8032
the secretary of state having implemented, tested, and verified	8033
the successful operation of any system the secretary of state	8034
prescribes pursuant to division (H)(1) of this section and	8035
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8036
Code for the filing of campaign finance statements by electronic	8037
means of transmission, the campaign committee of each candidate	8038
for statewide office may file the statements prescribed by section	8039
3517.10 of the Revised Code by electronic means of transmission	8040
or, if the total amount of the contributions received or the total	8041
amount of the expenditures made by the campaign committee for the	8042
applicable reporting period as specified in division (A) of	8043
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8044
shall file those statements by electronic means of transmission.	8045

Except as otherwise provided in this division, within five	8046
business days after a statement filed by a campaign committee of a	8047
candidate for statewide office is received by the secretary of	8048
state by electronic or other means of transmission, the secretary	8049
of state shall make available online to the public through the	8050
internet, as provided in division (I) of this section, the	8051
contribution and expenditure information in that statement. The	8052
secretary of state shall not make available online to the public	8053
through the internet any contribution or expenditure information	8054
contained in a statement for any candidate until the secretary of	8055
state is able to make available online to the public through the	8056
internet the contribution and expenditure information for all	8057
candidates for a particular office, or until the applicable filing	8058
deadline for that statement has passed, whichever is sooner. As	8059
soon as the secretary of state has available all of the	8060
contribution and expenditure information for all candidates for a	8061
particular office, or as soon as the applicable filing deadline	8062
for a statement has passed, whichever is sooner, the secretary of	8063
state shall simultaneously make available online to the public	8064
through the internet the information for all candidates for that	8065
office.	8066

If a statement filed by electronic means of transmission is	8067
found to be incomplete or inaccurate after the examination of the	8068
statement for completeness and accuracy pursuant to division	8069
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8070
committee shall file by electronic means of transmission any	8071
addendum to the statement that provides the information necessary	8072
to complete or correct the statement or, if required by the	8073
secretary of state under that division, an amended statement.	8074

Within five business days after the secretary of state	8075
receives from a campaign committee of a candidate for statewide	8076
office an addendum to the statement or an amended statement by	8077
electronic or other means of transmission under this division or	8078
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8079
secretary of state shall make the contribution and expenditure	8080
information in the addendum or amended statement available online	8081
to the public through the internet as provided in division (I) of	8082
this section.	8083

(2) Subject to the secretary of state having implemented,	8084
tested, and verified the successful operation of any system the	8085
secretary of state prescribes pursuant to division (H)(1) of this	8086
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8087
the Revised Code for the filing of campaign finance statements by	8088
electronic means of transmission, a political action committee and	8089
a political contributing entity described in division (B)(1)(b) of	8090
this section, a legislative campaign fund, and a state political	8091
party may file the statements prescribed by section 3517.10 of the	8092
Revised Code by electronic means of transmission or, if the total	8093
amount of the contributions received or the total amount of the	8094
expenditures made by the political action committee, political	8095
contributing entity, legislative campaign fund, or state political	8096
party for the applicable reporting period as specified in division	8097
(A) of section 3517.10 of the Revised Code exceeds ten thousand	8098
dollars, shall file those statements by electronic means of	8099
transmission.	8100

Within five business days after a statement filed by a	8101
political action committee or a political contributing entity	8102
described in division (B)(1)(b) of this section, a legislative	8103
campaign fund, or a state political party is received by the	8104
secretary of state by electronic or other means of transmission,	8105
the secretary of state shall make available online to the public	8106
through the internet, as provided in division (I) of this section,	8107
the contribution and expenditure information in that statement.	8108

If a statement filed by electronic means of transmission is	8109
found to be incomplete or inaccurate after the examination of the	8110
statement for completeness and accuracy pursuant to division	8111
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8112
action committee, political contributing entity, legislative	8113
campaign fund, or state political party shall file by electronic	8114
means of transmission any addendum to the statement that provides	8115
the information necessary to complete or correct the statement or,	8116
if required by the secretary of state under that division, an	8117
amended statement.	8118

Within five business days after the secretary of state	8119
receives from a political action committee or a political	8120
contributing entity described in division (B)(1)(b) of this	8121
section, a legislative campaign fund, or a state political party	8122
an addendum to the statement or an amended statement by electronic	8123
or other means of transmission under this division or division	8124
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8125
state shall make the contribution and expenditure information in	8126
the addendum or amended statement available online to the public	8127
through the internet as provided in division (I) of this section.	8128

(3) Subject to the secretary of state having implemented,	8129
tested, and verified the successful operation of any system the	8130
secretary of state prescribes pursuant to division (H)(1) of this	8131
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8132
the Revised Code for the filing of campaign finance statements by	8133
electronic means of transmission, a county political party shall	8134
file the statements prescribed by section 3517.10 of the Revised	8135
Code with respect to its state candidate fund by electronic means	8136
of transmission to the office of the secretary of state.	8137

Within five business days after a statement filed by a county	8138
political party with respect to its state candidate fund is	8139
received by the secretary of state by electronic means of	8140
transmission, the secretary of state shall make available online	8141
to the public through the internet, as provided in division (I) of	8142
this section, the contribution and expenditure information in that	8143
statement.	8144

If a statement is found to be incomplete or inaccurate after	8145
the examination of the statement for completeness and accuracy	8146
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8147
Code, a county political party shall file by electronic means of	8148
transmission any addendum to the statement that provides the	8149
information necessary to complete or correct the statement or, if	8150
required by the secretary of state under that division, an amended	8151
statement.	8152

Within five business days after the secretary of state	8153
receives from a county political party an addendum to the	8154
statement or an amended statement by electronic means of	8155
transmission under this division or division (B)(3)(a) of section	8156
3517.11 of the Revised Code, the secretary of state shall make the	8157
contribution and expenditure information in the addendum or	8158
amended statement available online to the public through the	8159
internet as provided in division (I) of this section.	8160

(F)(1) Subject to division (L) of this section and subject to	8161
the secretary of state having implemented, tested, and verified	8162
the successful operation of any system the secretary of state	8163
prescribes pursuant to division (H)(1) of this section and	8164
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8165
Code for the filing of campaign finance statements by electronic	8166
means of transmission, a campaign committee of a candidate for the	8167
office of member of the general assembly or a campaign committee	8168
of a candidate for the office of judge of a court of appeals may	8169
file the statements prescribed by section 3517.10 of the Revised	8170
Code in accordance with division (A)(2) of section 3517.11 of the	8171
Revised Code or by electronic means of transmission to the office	8172
of the secretary of state or, if the total amount of the	8173
contributions received by the campaign committee for the	8174
applicable reporting period as specified in division (A) of	8175
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8176
shall file those statements by electronic means of transmission to	8177
the office of the secretary of state.	8178

Except as otherwise provided in this division, within five	8179
business days after a statement filed by a campaign committee of a	8180
candidate for the office of member of the general assembly or a	8181
campaign committee of a candidate for the office of judge of a	8182
court of appeals is received by the secretary of state by	8183
electronic or other means of transmission, the secretary of state	8184
shall make available online to the public through the internet, as	8185
provided in division (I) of this section, the contribution and	8186
expenditure information in that statement. The secretary of state	8187
shall not make available online to the public through the internet	8188
any contribution or expenditure information contained in a	8189
statement for any candidate until the secretary of state is able	8190
to make available online to the public through the internet the	8191
contribution and expenditure information for all candidates for a	8192
particular office, or until the applicable filing deadline for	8193
that statement has passed, whichever is sooner. As soon as the	8194
secretary of state has available all of the contribution and	8195
expenditure information for all candidates for a particular	8196
office, or as soon as the applicable filing deadline for a	8197
statement has passed, whichever is sooner, the secretary of state	8198
shall simultaneously make available online to the public through	8199
the internet the information for all candidates for that office.	8200

If a statement filed by electronic means of transmission is	8201
found to be incomplete or inaccurate after the examination of the	8202
statement for completeness and accuracy pursuant to division	8203
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8204
committee shall file by electronic means of transmission to the	8205
office of the secretary of state any addendum to the statement	8206
that provides the information necessary to complete or correct the	8207
statement or, if required by the secretary of state under that	8208
division, an amended statement.	8209

Within five business days after the secretary of state	8210
receives from a campaign committee of a candidate for the office	8211
of member of the general assembly or a campaign committee of a	8212
candidate for the office of judge of a court of appeals an	8213
addendum to the statement or an amended statement by electronic or	8214
other means of transmission under this division or division	8215
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8216
state shall make the contribution and expenditure information in	8217
the addendum or amended statement available online to the public	8218
through the internet as provided in division (I) of this section.	8219

(2) If a statement, addendum, or amended statement is not	8220
filed by electronic means of transmission to the office of the	8221
secretary of state but is filed by printed version only under	8222
division (A)(2) of section 3517.11 of the Revised Code with the	8223
appropriate board of elections, the campaign committee of a	8224
candidate for the office of member of the general assembly or a	8225
campaign committee of a candidate for the office of judge of a	8226
court of appeals shall file two copies of the printed version of	8227
the statement, addendum, or amended statement with the board of	8228
elections. The board of elections shall send one of those copies	8229
by ~~certified~~ mail or an electronic copy to the secretary of state	8230
before the close of business on the day the board of elections	8231
receives the statement, addendum, or amended statement.	8232

(G) Subject to the secretary of state having implemented,	8233
tested, and verified the successful operation of any system the	8234
secretary of state prescribes pursuant to division (H)(1) of this	8235
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8236
the Revised Code for the filing of campaign finance statements by	8237
electronic means of transmission, any individual, partnership, or	8238
other entity that makes independent expenditures in support of or	8239
opposition to a statewide candidate or a statewide ballot issue or	8240
question as provided in division (B)(2)(b) or (C)(2)(b) of section	8241
3517.105 of the Revised Code may file the statement specified in	8242
that division by electronic means of transmission or, if the total	8243
amount of independent expenditures made during the reporting	8244
period under that division exceeds ten thousand dollars, shall	8245
file the statement specified in that division by electronic means	8246
of transmission.	8247

Within five business days after a statement filed by an	8248
individual, partnership, or other entity is received by the	8249
secretary of state by electronic or other means of transmission,	8250
the secretary of state shall make available online to the public	8251
through the internet, as provided in division (I) of this section,	8252
the expenditure information in that statement.	8253

If a statement filed by electronic means of transmission is	8254
found to be incomplete or inaccurate after the examination of the	8255
statement for completeness and accuracy pursuant to division	8256
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	8257
partnership, or other entity shall file by electronic means of	8258
transmission any addendum to the statement that provides the	8259
information necessary to complete or correct the statement or, if	8260
required by the secretary of state under that division, an amended	8261
statement.	8262

Within five business days after the secretary of state	8263
receives from an individual, partnership, or other entity	8264
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	8265
of the Revised Code an addendum to the statement or an amended	8266
statement by electronic or other means of transmission under this	8267
division or division (B)(3)(a) of section 3517.11 of the Revised	8268
Code, the secretary of state shall make the expenditure	8269
information in the addendum or amended statement available online	8270
to the public through the internet as provided in division (I) of	8271
this section.	8272

(H)(1) The secretary of state, by rule adopted pursuant to	8273
section 3517.23 of the Revised Code, shall prescribe one or more	8274
techniques by which a person who executes and transmits by	8275
electronic means a statement of contributions and expenditures, a	8276
statement of independent expenditures, a disclosure of	8277
electioneering communications statement, a deposit and	8278
disbursement statement, a gift and disbursement statement, or a	8279
donation and disbursement statement, an addendum to any of those	8280
statements, an amended statement of contributions and	8281
expenditures, an amended statement of independent expenditures, an	8282
amended disclosure of electioneering communications statement, an	8283
amended deposit and disbursement statement, an amended gift and	8284
disbursement statement, or an amended donation and disbursement	8285
statement, under this section or section 3517.10, 3517.105,	8286
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	8287
shall electronically sign the statement, addendum, or amended	8288
statement. Any technique prescribed by the secretary of state	8289
pursuant to this division shall create an electronic signature	8290
that satisfies all of the following:	8291

(a) It is unique to the signer.

8292

(b) It objectively identifies the signer.

8293

(c) It involves the use of a signature device or other means	8294
or method that is under the sole control of the signer and that	8295
cannot be readily duplicated or compromised.	8296

(d) It is created and linked to the electronic record to	8297
which it relates in a manner that, if the record or signature is	8298
intentionally or unintentionally changed after signing, the	8299
electronic signature is invalidated.	8300

(2) An electronic signature prescribed by the secretary of	8301
state under division (H)(1) of this section shall be attached to	8302
or associated with the statement of contributions and	8303
expenditures, the statement of independent expenditures, the	8304
disclosure of electioneering communications statement, the deposit	8305
and disbursement statement, the gift and disbursement statement,	8306
or the donation and disbursement statement, the addendum to any of	8307
those statements, the amended statement of contributions and	8308
expenditures, the amended statement of independent expenditures,	8309
the amended disclosure of electioneering communications statement,	8310
the amended deposit and disbursement statement, the amended gift	8311
and disbursement statement, or the amended donation and	8312
disbursement statement that is executed and transmitted by	8313
electronic means by the person to whom the electronic signature is	8314
attributed. The electronic signature that is attached to or	8315
associated with the statement, addendum, or amended statement	8316
under this division shall be binding on all persons and for all	8317
purposes under the campaign finance reporting law as if the	8318
signature had been handwritten in ink on a printed form.	8319

(I) The secretary of state shall make the contribution and	8320
expenditure, the contribution and disbursement, the deposit and	8321
disbursement, the gift and disbursement, or the donation and	8322
disbursement information in all statements, all addenda to the	8323
statements, and all amended statements that are filed with the	8324
secretary of state by electronic or other means of transmission	8325
under this section or section 3517.10, 3517.105, 3517.1011,	8326
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	8327
available online to the public by any means that are searchable,	8328
viewable, and accessible through the internet.	8329

(J)(1) As used in this division, "library" means a library	8330
that is open to the public and that is one of the following:	8331

(a) A library that is maintained and regulated under section	8332
715.13 of the Revised Code;	8333

(b) A library that is created, maintained, and regulated	8334
under Chapter 3375. of the Revised Code.	8335

(2) The secretary of state shall notify all libraries of the	8336
location on the internet at which the contribution and	8337
expenditure, contribution and disbursement, deposit and	8338
disbursement, gift and disbursement, or donation and disbursement	8339
information in campaign finance statements required to be made	8340
available online to the public through the internet pursuant to	8341
division (I) of this section may be accessed.	8342

If that location is part of the world wide web and if the	8343
secretary of state has notified a library of that world wide web	8344
location as required by this division, the library shall include a	8345
link to that world wide web location on each internet-connected	8346
computer it maintains that is accessible to the public.	8347

(3) If the system the secretary of state prescribes for the	8348
filing of campaign finance statements by electronic means of	8349
transmission pursuant to division (H)(1) of this section and	8350
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8351
Code includes filing those statements through the internet via the	8352
world wide web, the secretary of state shall notify all libraries	8353
of the world wide web location at which those statements may be	8354
filed.	8355

If those statements may be filed through the internet via the	8356
world wide web and if the secretary of state has notified a	8357
library of that world wide web location as required by this	8358
division, the library shall include a link to that world wide web	8359
location on each internet-connected computer it maintains that is	8360
accessible to the public.	8361

(K) It is an affirmative defense to a complaint or charge	8362
brought against any campaign committee, political action	8363
committee, political contributing entity, legislative campaign	8364
fund, or political party, any individual, partnership, or other	8365
entity, any person making disbursements to pay the direct costs of	8366
producing or airing electioneering communications, or any	8367
treasurer of a transition fund, for the failure to file by	8368
electronic means of transmission a campaign finance statement as	8369
required by this section or section 3517.10, 3517.105, 3517.1011,	8370
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	8371
the following apply to the campaign committee, political action	8372
committee, political contributing entity, legislative campaign	8373
fund, or political party, the individual, partnership, or other	8374
entity, the person making disbursements to pay the direct costs of	8375
producing or airing electioneering communications, or the	8376
treasurer of a transition fund that failed to so file:	8377

(1) The campaign committee, political action committee,	8378
political contributing entity, legislative campaign fund, or	8379
political party, the individual, partnership, or other entity, the	8380
person making disbursements to pay the direct costs of producing	8381
or airing electioneering communications, or the treasurer of a	8382
transition fund attempted to file by electronic means of	8383
transmission the required statement prior to the deadline set	8384
forth in the applicable section.	8385

(2) The campaign committee, political action committee,	8386
political contributing entity, legislative campaign fund, or	8387
political party, the individual, partnership, or other entity, the	8388
person making disbursements to pay the direct costs of producing	8389
or airing electioneering communications, or the treasurer of a	8390
transition fund was unable to file by electronic means of	8391
transmission due to an expected or unexpected shutdown of the	8392
whole or part of the electronic campaign finance statement-filing	8393
system, such as for maintenance or because of hardware, software,	8394
or network connection failure.	8395

(3) The campaign committee, political action committee,	8396
political contributing entity, legislative campaign fund, or	8397
political party, the individual, partnership, or other entity, the	8398
person making disbursements to pay the direct costs of producing	8399
or airing electioneering communications, or the treasurer of a	8400
transition fund filed by electronic means of transmission the	8401
required statement within a reasonable period of time after being	8402
unable to so file it under the circumstance described in division	8403
(K)(2) of this section.	8404

(L)(1) The secretary of state shall adopt rules pursuant to	8405
Chapter 119. of the Revised Code to permit a campaign committee of	8406
a candidate for statewide office that makes expenditures of less	8407
than twenty-five thousand dollars during the filing period or a	8408
campaign committee for the office of member of the general	8409
assembly or the office of judge of a court of appeals that would	8410
otherwise be required to file campaign finance statements by	8411
electronic means of transmission under division (E) or (F) of this	8412
section to file those statements by paper with the office of the	8413
secretary of state. Those rules shall provide for all of the	8414
following:	8415

(a) An eligible campaign committee that wishes to file a	8416
campaign finance statement by paper instead of by electronic means	8417
of transmission shall file the statement on paper with the office	8418
of the secretary of state not sooner than twenty-four hours after	8419
the end of the filing period set forth in section 3517.10 of the	8420
Revised Code that is covered by the applicable statement.	8421

(b) The statement shall be accompanied by a fee, the amount	8422
of which the secretary of state shall determine by rule. The	8423
amount of the fee established under this division shall not exceed	8424
the data entry and data verification costs the secretary of state	8425
will incur to convert the information on the statement to an	8426
electronic format as required under division (I) of this section.	8427

(c) The secretary of state shall arrange for the information	8428
in campaign finance statements filed pursuant to division (L) of	8429
this section to be made available online to the public through the	8430
internet in the same manner, and at the same times, as information	8431
is made available under divisions (E), (F), and (I) of this	8432
section for candidates whose campaign committees file those	8433
statements by electronic means of transmission.	8434

(d) The candidate of an eligible campaign committee that	8435
intends to file a campaign finance statement pursuant to division	8436
(L) of this section shall file a notice indicating that the	8437
candidate's campaign committee intends to so file and stating that	8438
filing the statement by electronic means of transmission would	8439
constitute a hardship for the candidate or for the eligible	8440
campaign committee.	8441

(e) An eligible campaign committee that files a campaign	8442
finance statement on paper pursuant to division (L) of this	8443
section shall review the contribution and information made	8444
available online by the secretary of state with respect to that	8445
paper filing and shall notify the secretary of state of any errors	8446
with respect to that filing that appear in the data made available	8447
on that web site.	8448

(f) If an eligible campaign committee whose candidate has	8449
filed a notice in accordance with rules adopted under division	8450
(L)(1)(d) of this section subsequently fails to file that	8451
statement on paper by the applicable deadline established in rules	8452
adopted under division (L)(1)(a) of this section, penalties for	8453
the late filing of the campaign finance statement shall apply to	8454
that campaign committee for each day after that paper filing	8455
deadline, as if the campaign committee had filed the statement	8456
after the applicable deadline set forth in division (A) of section	8457
3517.10 of the Revised Code.	8458

(2) The process for permitting campaign committees that would	8459
otherwise be required to file campaign finance statements by	8460
electronic means of transmission to file those statements on paper	8461
with the office of the secretary of state that is required to be	8462
developed under division (L)(1) of this section shall be in effect	8463
and available for use by eligible campaign committees for all	8464
campaign finance statements that are required to be filed on or	8465
after June 30, 2005. Notwithstanding any provision of the Revised	8466
Code to the contrary, if the process the secretary of state is	8467
required to develop under division (L)(1) of this section is not	8468
in effect and available for use on and after June 30, 2005, all	8469
penalties for the failure of campaign committees to file campaign	8470
finance statements by electronic means of transmission shall be	8471
suspended until such time as that process is in effect and	8472
available for use.	8473

(3) Notwithstanding any provision of the Revised Code to the	8474
contrary, any eligible campaign committee that files campaign	8475
finance statements on paper with the office of the secretary of	8476
state pursuant to division (L)(1) of this section shall be deemed	8477
to have filed those campaign finance statements by electronic	8478
means of transmission to the office of the secretary of state.	8479

Sec. 3517.1011. (A) As used in this section:

8480

(1) "Address" has the same meaning as in section 3517.10 of	8481
the Revised Code.	8482

(2) "Broadcast, cable, or satellite communication" means a	8483
communication that is publicly distributed by a television	8484
station, radio station, cable television system, or satellite	8485
system.	8486

(3) "Candidate" has the same meaning as in section 3501.01 of	8487
the Revised Code;.	8488

(4) "Contribution" means any loan, gift, deposit, forgiveness	8489
of indebtedness, donation, advance, payment, or transfer of funds	8490
or of anything of value, including a transfer of funds from an	8491
inter vivos or testamentary trust or decedent's estate, and the	8492
payment by any person other than the person to whom the services	8493
are rendered for the personal services of another person, that is	8494
made, received, or used to pay the direct costs of producing or	8495
airing electioneering communications.	8496

(5)(a) "Coordinated electioneering communication" means any	8497
electioneering communication that is made pursuant to any	8498
arrangement, coordination, or direction by a candidate or a	8499
candidate's campaign committee, by an officer, agent, employee, or	8500
consultant of a candidate or a candidate's campaign committee, or	8501
by a former officer, former agent, former employee, or former	8502
consultant of a candidate or a candidate's campaign committee	8503
prior to the airing, broadcasting, or cablecasting of the	8504
communication. An electioneering communication is presumed to be a	8505
"coordinated electioneering communication" when it is either of	8506
the following:	8507

(i) Based on information about a candidate's plans, projects,	8508
or needs provided to the person making the disbursement by the	8509
candidate or the candidate's campaign committee, by an officer,	8510
agent, employee, or consultant of the candidate or the candidate's	8511
campaign committee, or by a former officer, former agent, former	8512
employee, or former consultant of the candidate or the candidate's	8513
campaign committee, with a view toward having the communication	8514
made;	8515

(ii) Made by or through any person who is, or has been,	8516
authorized to raise or expend funds on behalf of a candidate or	8517
the candidate's campaign committee, who is, or has been, an	8518
officer, agent, employee, or consultant of the candidate or of the	8519
candidate's campaign committee, or who is, or has been, receiving	8520
any form of compensation or reimbursement from the candidate or	8521
the candidate's campaign committee or from an officer, agent,	8522
employee, or consultant of the candidate or of the candidate's	8523
campaign committee.	8524

(b) An electioneering communication shall not be presumed to	8525
be a "coordinated electioneering communication" under division	8526
(A)(5)(a)(ii) of this section if the communication is made through	8527
any person who provides a service that does not affect the content	8528
of the communication, such as communications placed through the	8529
efforts of a media buyer, unless that person also affects the	8530
content of the communication.	8531

(6) "Disclosure date" means both of the following:

8532

(a) The first date during any calendar year by which a person	8533
makes disbursements for the direct costs of producing or airing	8534
electioneering communications aggregating in excess of ten	8535
thousand dollars;	8536

(b) The same day of the week of each remaining week in the	8537
same calendar year as the day of the week of the initial	8538
disclosure date established under division (A)(6)(a) of this	8539
section, if, during that remaining week, the person makes	8540
disbursements for the direct costs of producing or airing	8541
electioneering communications aggregating in excess of one dollar.	8542

(7)(a) "Electioneering communication" means any broadcast,	8543
cable, or satellite communication that refers to a clearly	8544
identified candidate and that is made during either of the	8545
following periods of time:	8546

(i) If the person becomes a candidate before the day of the	8547
primary election at which candidates will be nominated for	8548
election to that office, between the date that the person becomes	8549
a candidate and the thirtieth day prior to that primary election,	8550
and between the date of the primary election and the thirtieth day	8551
prior to the general election at which a candidate will be elected	8552
to that office;	8553

(ii) If the person becomes a candidate after the day of the	8554
primary election at which candidates were nominated for election	8555
to that office, between the date of the primary election and the	8556
thirtieth day prior to the general election at which a candidate	8557
will be elected to that office.	8558

(b) "Electioneering communication" does not include any of	8559
the following:	8560

(i) A communication that is publicly disseminated through a	8561
means of communication other than a broadcast, cable, or satellite	8562
television or radio station. For example, "electioneering	8563
communication" does not include communications appearing in print	8564
media, including a newspaper or magazine, handbill, brochure,	8565
bumper sticker, yard sign, poster, billboard, and other written	8566
materials, including mailings; communications over the internet,	8567
including electronic mail; or telephone communications.	8568

(ii) A communication that appears in a news story,	8569
commentary, public service announcement, bona fide news	8570
programming, or editorial distributed through the facilities of	8571
any broadcast, cable, or satellite television or radio station,	8572
unless those facilities are owned or controlled by any political	8573
party, political committee, or candidate;	8574

(iii) A communication that constitutes an expenditure or an	8575
independent expenditure under section 3517.01 of the Revised Code;	8576

(iv) A communication that constitutes a candidate debate or	8577
forum or that solely promotes a candidate debate or forum and is	8578
made by or on behalf of the person sponsoring the debate or forum.	8579

(8) "Filing date" has the same meaning as in section 3517.109	8580
of the Revised Code.	8581

(9) "Immigration and Nationality Act" means the Immigration	8582
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	8583
as amended.	8584

(10) "Person" has the same meaning as in section 1.59 of the	8585
Revised Code and includes any political organization considered	8586
exempt from income taxation under section 527 of the Internal	8587
Revenue Code.	8588

(11) "Political committee" means any of the following:

8589

(a) Any committee, club, association, or other group of	8590
persons that receives contributions aggregating in excess of one	8591
thousand dollars during a calendar year or that makes expenditures	8592
aggregating in excess of one thousand dollars during a calendar	8593
year;	8594

(b) Any separate segregated fund;

8595

(c) Any state, county, or local committee of a political	8596
party that does any of the following:	8597

(i) Receives contributions aggregating in excess of five	8598
thousand dollars during a calendar year;	8599

(ii) Makes payments that do not constitute contributions or	8600
expenditures aggregating in excess of five thousand dollars during	8601
a calendar year;	8602

(iii) Makes contributions or expenditures aggregating in	8603
excess of one thousand dollars during a calendar year.	8604

(12) "Publicly distributed" means aired, broadcast,	8605
cablecast, or otherwise disseminated for a fee.	8606

(13) "Refers to a clearly identified candidate" means that	8607
the candidate's name, nickname, photograph, or drawing appears, or	8608
the identity of the candidate is otherwise apparent through an	8609
unambiguous reference to the person such as "the chief justice,"	8610
"the governor," "member of the Ohio senate," "member of the Ohio	8611
house of representatives," "county auditor," "mayor," or "township	8612
trustee" or through an unambiguous reference to the person's	8613
status as a candidate.	8614

(B) For the purposes of this section, a person shall be	8615
considered to have made a disbursement if the person has entered	8616
into a contract to make the disbursement.	8617

(C) Any person intending to make a disbursement or	8618
disbursements for the direct costs of producing or airing	8619
electioneering communications, prior to making the first	8620
disbursement for the direct costs of producing or airing an	8621
electioneering communication, shall file a notice with the office	8622
of the secretary of state that the person is intending to make	8623
such disbursements.	8624

(D)(1) Every person that makes a disbursement or	8625
disbursements for the direct costs of producing and airing	8626
electioneering communications aggregating in excess of ten	8627
thousand dollars during any calendar year shall file, within	8628
twenty-four hours of each disclosure date, a disclosure of	8629
electioneering communications statement containing the following	8630
information:	8631

(a) The full name and address of the person making the	8632
disbursement, of any person sharing or exercising direction or	8633
control over the activities of the person making the disbursement,	8634
and of the custodian of the books and accounts of the person	8635
making the disbursement;	8636

(b) The principal place of business of the person making the	8637
disbursement, if not an individual;	8638

(c) The amount of each disbursement of more than one dollar	8639
during the period covered by the statement and the identity of the	8640
person to whom the disbursement was made;	8641

(d) The nominations or elections to which the electioneering	8642
communications pertain and the names, if known, of the candidates	8643
identified or to be identified;	8644

(e) If the disbursements were paid out of a segregated bank	8645
account that consists of funds contributed solely by individuals	8646
who are United States citizens or nationals or lawfully admitted	8647
for permanent residence as defined in section 101(a)(20) of the	8648
Immigration and Nationality Act directly to the account for	8649
electioneering communications, the information specified in	8650
division (D)(2) of this section for all contributors who	8651
contributed an aggregate amount of two hundred dollars or more to	8652
the segregated bank account and whose contributions were used for	8653
making the disbursement or disbursements required to be reported	8654
under division (D) of this section during the period covered by	8655
the statement. Nothing in this division prohibits or shall be	8656
construed to prohibit the use of funds in such a segregated bank	8657
account for a purpose other than electioneering communications.	8658

(f) If the disbursements were paid out of funds not described	8659
in division (D)(1)(e) of this section, the information specified	8660
in division (D)(2) of this section for all contributors who	8661
contributed an aggregate amount of two hundred dollars or more to	8662
the person making the disbursement and whose contributions were	8663
used for making the disbursement or disbursements required to be	8664
reported under division (D) of this section during the period	8665
covered by the statement.	8666

(2) For each contributor for which information is required to	8667
be reported under division (D)(1)(e) or (f) of this section, all	8668
of the following shall be reported:	8669

(a) The month, day, and year that the contributor made the	8670
contribution or contributions aggregating two hundred dollars or	8671
more;	8672

(b)(i) The full name and address of the contributor, and, if	8673
the contributor is a political action committee, the registration	8674
number assigned to the political action committee under division	8675
(D)(1) of section 3517.10 of the Revised Code;	8676

(ii) If the contributor is an individual, the name of the	8677
individual's current employer, if any, or, if the individual is	8678
self-employed, the individual's occupation and the name of the	8679
individual's business, if any;	8680

(iii) If the contribution is transmitted pursuant to section	8681
3599.031 of the Revised Code from amounts deducted from the wages	8682
and salaries of two or more employees that exceed in the aggregate	8683
one hundred dollars during the period specified in division	8684
(D)(1)(e) or (f) of this section, as applicable, the full name of	8685
the employees' employer and the full name of the labor	8686
organization of which the employees are members, if any.	8687

8688

(d) The value in dollars and cents of the contribution.

8689

(3) Subject to the secretary of state having implemented,	8690
tested, and verified the successful operation of any system the	8691
secretary of state prescribes pursuant to divisions (C)(6)(b) and	8692
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	8693
of the Revised Code for the filing of campaign finance statements	8694
by electronic means of transmission, a person shall file the	8695
disclosure of electioneering communications statement prescribed	8696
under divisions (D)(1) and (2) of this section by electronic means	8697
of transmission to the office of the secretary of state.	8698

Within five business days after the secretary of state	8699
receives a disclosure of electioneering communications statement	8700
under this division, the secretary of state shall make available	8701
online to the public through the internet, as provided in division	8702
(I) of section 3517.106 of the Revised Code, the contribution and	8703
disbursement information in that statement.	8704

If a filed disclosure of electioneering communications	8705
statement is found to be incomplete or inaccurate after its	8706
examination for completeness and accuracy pursuant to division	8707
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	8708
file by electronic means of transmission to the office of the	8709
secretary of state any addendum, amendment, or other correction to	8710
the statement that provides the information necessary to complete	8711
or correct the statement or, if required by the secretary of state	8712
under that division, an amended statement.	8713

Within five business days after the secretary of state	8714
receives an addendum, amendment, or other correction to a	8715
disclosure of electioneering communications statement or an	8716
amended statement by electronic means of transmission under this	8717
division or division (B)(3)(a) of section 3517.11 of the Revised	8718
Code, the secretary of state shall make the contribution and	8719
disbursement information in the addendum, amendment, or other	8720
correction to the statement or amended statement available online	8721
to the public through the internet as provided in division (I) of	8722
section 3517.106 of the Revised Code.	8723

(E)(1) Any person who makes a contribution for the purpose of	8724
funding the direct costs of producing or airing an electioneering	8725
communication under this section shall provide the person's full	8726
name and address to the recipient of the contribution at the time	8727
the contribution is made.	8728

(2) Any individual who makes a contribution or contributions	8729
aggregating two hundred dollars or more for the purpose of funding	8730
the direct costs of producing or airing an electioneering	8731
communication under this section shall provide the name of the	8732
individual's current employer, if any, or, if the individual is	8733
self-employed, the individual's occupation and the name of the	8734
individual's business, if any, to the recipient of the	8735
contribution at the time the contribution is made.	8736

(F) In each electioneering communication, a statement shall	8737
appear or be presented in a clear and conspicuous manner that does	8738
both of the following:	8739

(1) Clearly indicates that the electioneering communication	8740
is not authorized by the candidate or the candidate's campaign	8741
committee;	8742

(2) Clearly identifies the person making the disbursement for	8743
the electioneering communication in accordance with section	8744
3517.20 of the Revised Code.	8745

(G) Any coordinated electioneering communication is an	8746
in-kind contribution, subject to the applicable contribution	8747
limits prescribed in section 3517.102 of the Revised Code, to the	8748
candidate by the person making disbursements to pay the direct	8749
costs of producing or airing the communication.	8750

~~(H) No person shall make, during the thirty days preceding a~~	8751
~~primary election or during the thirty days preceding a general~~	8752
~~election, any broadcast, cable, or satellite communication that~~	8753
~~refers to a clearly identified candidate using any contributions~~	8754
~~received from a corporation or labor organization.~~	8755

Sec. 3517.11. (A)(1) Campaign committees of candidates for	8756
statewide office or the state board of education, political action	8757
committees or political contributing entities that make	8758
contributions to campaign committees of candidates that are	8759
required to file the statements prescribed by section 3517.10 of	8760
the Revised Code with the secretary of state, political action	8761
committees or political contributing entities that make	8762
contributions to campaign committees of candidates for member of	8763
the general assembly, political action committees or political	8764
contributing entities that make contributions to state and	8765
national political parties and to legislative campaign funds,	8766
political action committees or political contributing entities	8767
that receive contributions or make expenditures in connection with	8768
a statewide ballot issue, political action committees or political	8769
contributing entities that make contributions to other political	8770
action committees or political contributing entities, political	8771
parties, and campaign committees, except as set forth in division	8772
(A)(3) of this section, legislative campaign funds, and state and	8773
national political parties shall file the statements prescribed by	8774
section 3517.10 of the Revised Code with the secretary of state.	8775

(2)(a) Except as otherwise provided in division (F) of	8776
section 3517.106 of the Revised Code, campaign committees of	8777
candidates for all other offices shall file the statements	8778
prescribed by section 3517.10 of the Revised Code with the board	8779
of elections where their candidates are required to file their	8780
petitions or other papers for nomination or election.	8781

(b) A campaign committee of a candidate for office of member	8782
of the general assembly or a campaign committee of a candidate for	8783
the office of judge of a court of appeals shall file two copies of	8784
the printed version of any statement, addendum, or amended	8785
statement if the committee does not file pursuant to division	8786
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	8787
printed version only with the appropriate board of elections. The	8788
board of elections shall send one of those copies by ~~certified~~	8789
mail or an electronic copy to the secretary of state before the	8790
close of business on the day the board of elections receives the	8791
statement, addendum, or amended statement.	8792

(3) Political action committees or political contributing	8793
entities that only contribute to a county political party,	8794
contribute to campaign committees of candidates whose nomination	8795
or election is to be submitted only to electors within a county,	8796
subdivision, or district, excluding candidates for member of the	8797
general assembly, and receive contributions or make expenditures	8798
in connection with ballot questions or issues to be submitted only	8799
to electors within a county, subdivision, or district shall file	8800
the statements prescribed by section 3517.10 of the Revised Code	8801
with the board of elections in that county or in the county	8802
contained in whole or part within the subdivision or district	8803
having a population greater than that of any other county	8804
contained in whole or part within that subdivision or district, as	8805
the case may be.	8806

(4) Except as otherwise provided in division (E)(3) of	8807
section 3517.106 of the Revised Code with respect to state	8808
candidate funds, county political parties shall file the	8809
statements prescribed by section 3517.10 of the Revised Code with	8810
the board of elections of their respective counties.	8811

(B)(1) The official with whom petitions and other papers for	8812
nomination or election to public office are filed shall furnish	8813
each candidate at the time of that filing a copy of sections	8814
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	8815
3599.031 of the Revised Code and any other materials that the	8816
secretary of state may require. Each candidate receiving the	8817
materials shall acknowledge their receipt in writing.	8818

(2) On or before the tenth day before the dates on which	8819
statements are required to be filed by section 3517.10 of the	8820
Revised Code, every candidate subject to the provisions of this	8821
section and sections 3517.10 and 3517.106 of the Revised Code	8822
shall be notified of the requirements and applicable penalties of	8823
those sections. The secretary of state, by certified mail, return	8824
receipt requested, shall notify all candidates required to file	8825
those statements with the secretary of state's office. The board	8826
of elections of every county shall notify by first class mail any	8827
candidate who has personally appeared at the office of the board	8828
on or before the tenth day before the statements are required to	8829
be filed and signed a form, to be provided by the secretary of	8830
state, attesting that the candidate has been notified of the	8831
candidate's obligations under the campaign finance law. The board	8832
shall forward the completed form to the secretary of state. The	8833
board shall use certified mail, return receipt requested, to	8834
notify all other candidates required to file those statements with	8835
it.	8836

(3)(a) Any statement required to be filed under sections	8837
3517.081 to 3517.17 of the Revised Code that is found to be	8838
incomplete or inaccurate by the officer to whom it is submitted	8839
shall be accepted on a conditional basis, and the person who filed	8840
it shall be notified by certified mail as to the incomplete or	8841
inaccurate nature of the statement. The secretary of state may	8842
examine statements filed for candidates for the office of member	8843
of the general assembly and candidates for the office of judge of	8844
a court of appeals for completeness and accuracy. The secretary of	8845
state shall examine for completeness and accuracy statements that	8846
campaign committees of candidates for the office of member of the	8847
general assembly and campaign committees of candidates for the	8848
office of judge of a court of appeals file pursuant to division	8849
(F) or (L) of section 3517.106 of the Revised Code. If an officer	8850
at the board of elections where a statement filed for a candidate	8851
for the office of member of the general assembly or for a	8852
candidate for the office of judge of a court of appeals was	8853
submitted finds the statement to be incomplete or inaccurate, the	8854
officer shall immediately notify the secretary of state of its	8855
incomplete or inaccurate nature. If either an officer at the board	8856
of elections or the secretary of state finds a statement filed for	8857
a candidate for the office of member of the general assembly or	8858
for a candidate for the office of judge of a court of appeals to	8859
be incomplete or inaccurate, only the secretary of state shall	8860
send the notification as to the incomplete or inaccurate nature of	8861
the statement.	8862

Within twenty-one days after receipt of the notice, in the	8863
case of a pre-election statement, a postelection statement, a	8864
monthly statement, an annual statement, or a semiannual statement	8865
prescribed by section 3517.10, an annual statement prescribed by	8866
section 3517.101, or a statement prescribed by division (B)(2)(b)	8867
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	8868
Revised Code, the recipient shall file an addendum, amendment, or	8869
other correction to the statement providing the information	8870
necessary to complete or correct the statement. The secretary of	8871
state may require that, in lieu of filing an addendum, amendment,	8872
or other correction to a statement that is filed by electronic	8873
means of transmission to the office of the secretary of state	8874
pursuant to section 3517.106 of the Revised Code, the recipient of	8875
the notice described in this division file by electronic means of	8876
transmission an amended statement that incorporates the	8877
information necessary to complete or correct the statement.	8878

The secretary of state shall determine by rule when an	8879
addendum, amendment, or other correction to any of the following	8880
or when an amended statement of any of the following shall be	8881
filed:	8882

(i) A two-business-day statement prescribed by section	8883
3517.10 of the Revised Code;	8884

(ii) A disclosure of electioneering communications statement	8885
prescribed by division (D) of section 3517.1011 of the Revised	8886
Code;	8887

(iii) A deposit and disbursement statement prescribed under	8888
division (B) of section 3517.1012 of the Revised Code;	8889

(iv) A gift and disbursement statement prescribed under	8890
section 3517.1013 of the Revised Code;	8891

(v) A donation and disbursement statement prescribed under	8892
section 3517.1014 of the Revised Code.	8893

An addendum, amendment, or other correction to a statement	8894
that is filed by electronic means of transmission pursuant to	8895
section 3517.106 of the Revised Code shall be filed in the same	8896
manner as the statement.	8897

The provisions of sections 3517.10, 3517.106, 3517.1011,	8898
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	8899
to the filing of statements of contributions and expenditures,	8900
statements of independent expenditures, disclosure of	8901
electioneering communications statements, deposit and disbursement	8902
statements, gift and disbursement statements, and donation and	8903
disbursement statements by electronic means of transmission apply	8904
to the filing of addenda, amendments, or other corrections to	8905
those statements by electronic means of transmission and the	8906
filing of amended statements by electronic means of transmission.	8907

(b) Within five business days after the secretary of state	8908
receives, by electronic or other means of transmission, an	8909
addendum, amendment, or other correction to a statement or an	8910
amended statement under division (B)(3)(a) of this section, the	8911
secretary of state, pursuant to divisions (E), (F), (G), and (I)	8912
of section 3517.106 or division (D) of section 3517.1011 of the	8913
Revised Code, shall make the contribution and expenditure,	8914
contribution and disbursement, deposit and disbursement, gift and	8915
disbursement, or donation and disbursement information in that	8916
addendum, amendment, correction, or amended statement available	8917
online to the public through the internet.	8918

(4)(a) The secretary of state or the board of elections shall	8919
examine all statements for compliance with sections 3517.08 to	8920
3517.17 of the Revised Code.	8921

(b) The secretary of state may contract with an individual or	8922
entity not associated with the secretary of state and experienced	8923
in interpreting the campaign finance law of this state to conduct	8924
examinations of statements filed by any statewide candidate, as	8925
defined in section 3517.103 of the Revised Code.	8926

(c) The examination shall be conducted by a person or entity	8927
qualified to conduct it. The results of the examination shall be	8928
available to the public, and, when the examination is conducted by	8929
an individual or entity not associated with the secretary of	8930
state, the results of the examination shall be reported to the	8931
secretary of state.	8932

(C)(1) In the event of a failure to file or a late filing of	8933
a statement required to be filed under sections 3517.081 to	8934
3517.17 of the Revised Code, or if a filed statement or any	8935
addendum, amendment, or other correction to a statement or any	8936
amended statement, if an addendum, amendment, or other correction	8937
or an amended statement is required to be filed, is incomplete or	8938
inaccurate or appears to disclose a failure to comply with or a	8939
violation of law, the official whose duty it is to examine the	8940
statement shall promptly file a complaint with the Ohio elections	8941
commission under section 3517.153 of the Revised Code if the law	8942
is one over which the commission has jurisdiction to hear	8943
complaints, or the official shall promptly report the failure or	8944
violation to the board of elections and the board shall promptly	8945
report it to the prosecuting attorney in accordance with division	8946
(J) of section 3501.11 of the Revised Code. If the official files	8947
a complaint with the commission, the commission shall proceed in	8948
accordance with sections 3517.154 to 3517.157 of the Revised Code.	8949

(2) For purposes of division (C)(1) of this section, a	8950
statement or an addendum, amendment, or other correction to a	8951
statement or an amended statement required to be filed under	8952
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	8953
inaccurate under this section if the statement, addendum,	8954
amendment, other correction, or amended statement fails to	8955
disclose substantially all contributions, gifts, or donations that	8956
are received or deposits that are made that are required to be	8957
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	8958
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	8959
statement, addendum, amendment, other correction, or amended	8960
statement fails to disclose at least ninety per cent of the total	8961
contributions, gifts, or donations received or deposits made or of	8962
the total expenditures or disbursements made during the reporting	8963
period.	8964

(D) No certificate of nomination or election shall be issued	8965
to a person, and no person elected to an office shall enter upon	8966
the performance of the duties of that office, until that person or	8967
that person's campaign committee, as appropriate, has fully	8968
complied with this section and sections 3517.08, 3517.081,	8969
3517.10, and 3517.13 of the Revised Code.	8970

Sec. 3517.153. (A) Upon the filing of a complaint with the	8971
Ohio elections commission, which shall be made by affidavit of any	8972
person, on personal knowledge, and subject to the penalties for	8973
perjury, or upon the filing of a complaint made by the secretary	8974
of state or an official at the board of elections, setting forth a	8975
failure to comply with or a violation of any provision in sections	8976
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	8977
or 3599.031 of the Revised Code, the commission shall proceed in	8978
accordance with sections 3517.154 to 3517.157 of the Revised Code.	8979

(B) The commission shall prescribe the form for complaints	8980
made under division (A) of this section. The secretary of state	8981
and boards of elections shall furnish the information that the	8982
commission requests. The commission or a member of the commission	8983
may administer oaths, and the commission may issue subpoenas to	8984
any person in the state compelling the attendance of witnesses and	8985
the production of relevant papers, books, accounts, and reports.	8986
Section 101.42 of the Revised Code governs the issuance of	8987
subpoenas insofar as applicable. Upon the refusal of any person to	8988
obey a subpoena or to be sworn or to answer as a witness, the	8989
commission may apply to the court of common pleas of Franklin	8990
county under section 2705.03 of the Revised Code. The court shall	8991
hold proceedings in accordance with Chapter 2705. of the Revised	8992
Code.	8993

(C) No prosecution shall commence for a violation of a	8994
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	8995
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	8996
unless a complaint has been filed with the commission under this	8997
section and all proceedings of the commission or a panel of the	8998
commission, as appropriate, under sections 3517.154 to 3517.157 of	8999
the Revised Code are completed.	9000

(D) The commission may recommend legislation and render	9001
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	9002
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	9003
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	9004
over whose acts it has or may have jurisdiction. When the	9005
commission renders an advisory opinion relating to a specific set	9006
of circumstances involving any of those sections stating that	9007
there is no violation of a provision in those sections, the person	9008
to whom the opinion is directed or a person who is similarly	9009
situated may reasonably rely on the opinion and is immune from	9010
criminal prosecution and a civil action, including, without	9011
limitation, a civil action for removal from public office or	9012
employment, based on facts and circumstances covered by the	9013
opinion.	9014

(E) The commission shall establish a web site on which it	9015
shall post, at a minimum, all decisions and advisory opinions	9016
issued by the commission and copies of each election law as it is	9017
amended by the general assembly. The commission shall update the	9018
web site regularly to reflect any changes to those decisions and	9019
advisory opinions and any new decisions and advisory opinions.	9020

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	9021
elections commission shall review each complaint filed with the	9022
commission under section 3517.153 of the Revised Code, shall	9023
determine the nature of the complaint, and, unless division	9024
(A)(2)(a) of this section requires that the complaint receive an	9025
automatic expedited hearing, shall make a recommendation to the	9026
commission for its disposition, in accordance with this section.	9027
The attorney shall make the determination and the recommendation,	9028
if required, not later than one business day after the complaint	9029
is filed.	9030

(2)(a) If the attorney determines that the complaint sets	9031
forth a violation of division (B) of section 3517.21 or division	9032
(B) of section 3517.22 of the Revised Code and that the complaint	9033
is filed during one of the periods of time specified in division	9034
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	9035
~~complaint sets forth a violation of section 3517.103 of the~~	9036
~~Revised Code or a violation described in division (D) of section~~	9037
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	9038
automatic expedited hearing under section 3517.156 of the Revised	9039
Code.	9040

(b) If the attorney determines that the complaint sets forth	9041
a failure to comply with or a violation of division (G), (I), (J),	9042
(O), (P), or (Q) of section 3517.13, division (A) of section	9043
3517.21, or division (A) of section 3517.22 of the Revised Code	9044
and that the complaint is filed during one of the periods of time	9045
specified in division (B)(1) of section 3517.156 of the Revised	9046
Code, the attorney shall recommend to the commission that the	9047
complaint receive an expedited hearing under section 3517.156 of	9048
the Revised Code, and the complaint shall receive such a hearing.	9049

(c) If the attorney determines that the complaint sets forth	9050
a failure to comply with or a violation of a section of the	9051
Revised Code over which the commission has jurisdiction to hear	9052
complaints other than the sections described in divisions	9053
(A)(2)(a) and (b) of this section, and unless the attorney makes a	9054
determination as provided for in division (A)(3) of this section,	9055
the attorney shall recommend to the commission that the complaint	9056
be submitted to the commission under section 3517.155 of the	9057
Revised Code. After the attorney makes that recommendation, the	9058
attorney shall notify all parties to the complaint of the	9059
attorney's recommendation.	9060

(3)(a) If a complaint sets forth a failure to comply with or	9061
a violation of a section of the Revised Code over which the	9062
commission has jurisdiction to hear complaints other than the	9063
sections described in divisions (A)(2)(a) and (b) of this section	9064
and if the complaint is filed during one of the periods of time	9065
specified in division (B)(1) of section 3517.156 of the Revised	9066
Code, the attorney may determine that the complaint should receive	9067
an expedited hearing under that section. The attorney shall make	9068
that determination by considering one or more of the following:	9069

(i) The number of prior failures to comply with or violations	9070
of Title XXXV of the Revised Code that the person or entity	9071
against whom the complaint has been brought has committed and any	9072
prior penalties the commission has imposed on the person or	9073
entity;	9074

(ii) If the complaint involves a statement required to be	9075
filed under section 3517.10, division (E) of section 3517.102, or	9076
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9077
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	9078
addendum required to be filed under section 3517.11 of the Revised	9079
Code that is filed late, how late the filing is and how much time	9080
has elapsed between the deadline for filing the statement or	9081
addendum and the filing of the complaint;	9082

(iii) If the complaint involves contributions and	9083
expenditures, contributions and disbursements, deposits and	9084
disbursements, gifts and disbursements, or donations and	9085
disbursements required to be reported under section 3517.10,	9086
division (E) of section 3517.102, or section 3517.105, 3517.107,	9087
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	9088
of the Revised Code that are either not reported or reported late,	9089
the number of contributions and expenditures, contributions and	9090
disbursements, deposits and disbursements, gifts and	9091
disbursements, or donations and disbursements not reported or how	9092
late they were reported;	9093

(iv) If the complaint involves contributions required to be	9094
reported by a campaign committee under section 3517.10, division	9095
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	9096
or 3517.109 of the Revised Code that are not reported, whether any	9097
of the contributors of the contributions not reported have a	9098
personal or professional relationship with the campaign	9099
committee's candidate;	9100

(v) If the complaint involves a statement required to be	9101
filed under section 3517.10, division (E) of section 3517.102, or	9102
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9103
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	9104
that is incomplete, the degree to which it is incomplete;	9105

(vi) If the complaint involves the receipt of contributions	9106
in violation of section 3599.03 of the Revised Code, the dollar	9107
amount and number of contributions received in violation of that	9108
section;	9109

(vii) If the complaint involves a failure to make the	9110
identification or a misstatement of the identification required	9111
under section 3517.105 or 3517.20 of the Revised Code, whether the	9112
failure or misstatement was purposely made;	9113

(viii) If the complaint sets forth a failure to comply with	9114
or a violation of a section of the Revised Code described in	9115
division (A)(2)(c) of this section, whether the person or entity	9116
against whom the complaint has been made has committed more than	9117
one such failure or violation within a reasonable amount of time,	9118
or whether the cumulative nature of the failures or violations	9119
indicates a systematic disregard for the law.	9120

(b) Prior to making a determination under division (A)(3)(a)	9121
of this section that the complaint should receive an expedited	9122
hearing under section 3517.156 of the Revised Code, the attorney	9123
shall take into consideration the number of panels of the	9124
commission that have cases pending before them and the number of	9125
cases pending before the panels and shall not make a determination	9126
that will place an undue burden on a panel of the commission.	9127

(c) If the attorney determines that the complaint should	9128
receive an expedited hearing under section 3517.156 of the Revised	9129
Code, the attorney shall recommend to the commission that the	9130
complaint receive an expedited hearing, and, if a majority of the	9131
members of the commission agrees with the recommendation, the	9132
complaint shall receive an expedited hearing under that section.	9133

(4) The attorney may join two or more complaints if the	9134
attorney determines that the allegations in each complaint are of	9135
the same or similar character, are based on the same act or	9136
failure to act, or are based on two or more acts or failures to	9137
act constituting parts of a common scheme or plan. If one	9138
complaint contains two or more allegations, the attorney may	9139
separate the allegations if they are not of the same or similar	9140
character, if they are not based on the same act or failure to	9141
act, or if they are not based on two or more acts or failures to	9142
act constituting parts of a common scheme or plan. If the attorney	9143
separates the allegations in a complaint, the attorney may make	9144
separate recommendations under division (A)(2) or (3) of this	9145
section for each allegation.	9146

(B) Whenever a person or other entity files a complaint with	9147
the commission setting forth a failure to comply with or a	9148
violation of a section of the Revised Code as described in	9149
division (A)(2)(c) of this section and the complaint is filed	9150
during one of the periods of time specified in division (B)(1) of	9151
section 3517.156 of the Revised Code, the person or entity may	9152
request an expedited hearing under that section at the time the	9153
complaint is filed. The attorney for the commission shall inform	9154
the members of the commission of that request at the time the	9155
attorney makes a recommendation under division (A) of this	9156
section. The commission may grant the request for an expedited	9157
hearing under this division if it determines that an expedited	9158
hearing is practicable.	9159

Sec. 3517.155. (A)(1) Except as otherwise provided in	9160
division (B) of this section, the Ohio elections commission shall	9161
hold its first hearing on a complaint filed with it, other than a	9162
complaint that receives an expedited hearing under section	9163
3517.156 of the Revised Code, not later than ninety business days	9164
after the complaint is filed unless the commission has good cause	9165
to hold the hearing after that time, in which case it shall hold	9166
the hearing not later than one hundred eighty business days after	9167
the complaint is filed. At the hearing, the commission shall	9168
determine whether or not the failure to act or the violation	9169
alleged in the complaint has occurred and shall do only one of the	9170
following, except as otherwise provided in division (B) of this	9171
section or in division (B) of section 3517.151 of the Revised	9172
Code:	9173

(a) Enter a finding that good cause has been shown not to	9174
impose a fine or not to refer the matter to the appropriate	9175
prosecutor;	9176

(b) Impose a fine under section 3517.993 of the Revised Code;

9177

9178

~~(d) Direct the secretary of state or appropriate board of~~	9179
~~elections with the authority to certify a candidate to the ballot~~	9180
~~to remove a candidate's name from the ballot if the candidate is~~	9181
~~barred from the ballot under division (D) of section 3517.1010 of~~	9182
~~the Revised Code~~.	9183

(2) As used in division (A) of this section, "appropriate	9184
prosecutor" means a prosecutor as defined in section 2935.01 of	9185
the Revised Code and either of the following:	9186

(a) In the case of a failure to comply with or a violation of	9187
law involving a campaign committee or the committee's candidate, a	9188
political party, a legislative campaign fund, a political action	9189
committee, or a political contributing entity, that is required to	9190
file a statement of contributions and expenditures with the	9191
secretary of state under division (A) of section 3517.11 of the	9192
Revised Code, the prosecutor of Franklin county;	9193

(b) In the case of a failure to comply with or a violation of	9194
law involving any other campaign committee or committee's	9195
candidate, or any other political party, political action	9196
committee, or political contributing entity either of the	9197
following as determined by the commission:	9198

(i) The prosecutor of Franklin county;

9199

(ii) The prosecutor of the county in which the candidacy or	9200
ballot question or issue is submitted to the electors or, if it is	9201
submitted in more than one county, the most populous of those	9202
counties.	9203

(B) If the commission decides that the evidence is	9204
insufficient for it to determine whether or not the failure to act	9205
or the violation alleged in the complaint has occurred, the	9206
commission, by the affirmative vote of five members, may request	9207
that an investigatory attorney investigate the complaint. Upon	9208
that request, an investigatory attorney shall make an	9209
investigation in order to produce sufficient evidence for the	9210
commission to decide the matter. If the commission requests an	9211
investigation under this division, for good cause shown by the	9212
investigatory attorney, the commission may extend by sixty days	9213
the deadline for holding its first hearing on the complaint as	9214
required in division (A) of this section.	9215

(C) The commission shall take one of the actions required	9216
under division (A) of this section not later than thirty days	9217
after the close of all the evidence presented.	9218

(D)(1) The commission shall make any finding of a failure to	9219
comply with or a violation of law in regard to a complaint that	9220
alleges a violation of ~~division (D) of section 3517.1010,~~ division	9221
(A) or (B) of section 3517.21, or division (A) or (B) of section	9222
3517.22 of the Revised Code by clear and convincing evidence. The	9223
commission shall make any finding of a failure to comply with or a	9224
violation of law in regard to any other complaint by a	9225
preponderance of the evidence.	9226

(2) If the commission finds a violation of division (B) of	9227
section 3517.21 or division (B) of section 3517.22 of the Revised	9228
Code, it shall refer the matter to the appropriate prosecutor	9229
under division (A)(1)(c) of this section and shall not impose a	9230
fine under division (A)(1)(b) of this section or section 3517.993	9231
of the Revised Code.	9232

(E) In an action before the commission or a panel of the	9233
commission, if the allegations of the complainant are not proved,	9234
and the commission takes the action described in division	9235
(A)(1)(a) of this section or a panel of the commission takes the	9236
action described in division (C)(1) of section 3517.156 of the	9237
Revised Code, the commission or a panel of the commission may find	9238
that the complaint is frivolous, and, if the commission or panel	9239
so finds, the commission shall order the complainant to pay	9240
reasonable attorney's fees and to pay the costs of the commission	9241
or panel as determined by a majority of the members of the	9242
commission. The costs paid to the commission or panel under this	9243
division shall be deposited into the Ohio elections commission	9244
fund.	9245

Sec. 3517.992. This section establishes penalties only with	9246
respect to acts or failures to act that occur on and after August	9247
24, 1995.	9248

(A)(1) A candidate whose campaign committee violates division	9249
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	9250
or a treasurer of a campaign committee who violates any of those	9251
divisions, shall be fined not more than one hundred dollars for	9252
each day of violation.	9253

(2) Whoever violates division (E) or (X)(5) of section	9254
3517.13 or division (E)(1) of section 3517.1014 of the Revised	9255
Code shall be fined not more than one hundred dollars for each day	9256
of violation.	9257

(B) A political party that violates division (F)(1) of	9258
section 3517.101 of the Revised Code shall be fined not more than	9259
one hundred dollars for each day of violation.	9260

(C) Whoever violates division (F)(2) of section 3517.101,	9261
division (G) of section 3517.13, or division (E)(2) or (3) of	9262
section 3517.1014 of the Revised Code shall be fined not more than	9263
ten thousand dollars or, if the offender is a person who was	9264
nominated or elected to public office, shall forfeit the	9265
nomination or the office to which the offender was elected, or	9266
both.	9267

(D) Whoever violates division (F) of section 3517.13 of the	9268
Revised Code shall be fined not more than three times the amount	9269
contributed.	9270

(E) Whoever violates division (H) of section 3517.13 of the	9271
Revised Code shall be fined not more than one hundred dollars.	9272

(F) Whoever violates division (O), (P), or (Q) of section	9273
3517.13 of the Revised Code is guilty of a misdemeanor of the	9274
first degree.	9275

(G) A state or county committee of a political party that	9276
violates division (B)(1) of section 3517.18 of the Revised Code	9277
shall be fined not more than twice the amount of the improper	9278
expenditure.	9279

(H) A state or county political party that violates division	9280
(G) of section 3517.101 of the Revised Code shall be fined not	9281
more than twice the amount of the improper expenditure or use.	9282

(I)(1) Any individual who violates division (B)(1) of section	9283
3517.102 of the Revised Code and knows that the contribution the	9284
individual makes violates that division shall be fined an amount	9285
equal to three times the amount contributed in excess of the	9286
amount permitted by that division.	9287

(2) Any political action committee that violates division	9288
(B)(2) of section 3517.102 of the Revised Code shall be fined an	9289
amount equal to three times the amount contributed in excess of	9290
the amount permitted by that division.	9291

(3) Any campaign committee that violates division (B)(3) or	9292
(5) of section 3517.102 of the Revised Code shall be fined an	9293
amount equal to three times the amount contributed in excess of	9294
the amount permitted by that division.	9295

(4)(a) Any legislative campaign fund that violates division	9296
(B)(6) of section 3517.102 of the Revised Code shall be fined an	9297
amount equal to three times the amount transferred or contributed	9298
in excess of the amount permitted by that division, as applicable.	9299

(b) Any state political party, county political party, or	9300
state candidate fund of a state political party or county	9301
political party that violates division (B)(6) of section 3517.102	9302
of the Revised Code shall be fined an amount equal to three times	9303
the amount transferred or contributed in excess of the amount	9304
permitted by that division, as applicable.	9305

(c) Any political contributing entity that violates division	9306
(B)(7) of section 3517.102 of the Revised Code shall be fined an	9307
amount equal to three times the amount contributed in excess of	9308
the amount permitted by that division.	9309

(5) Any political party that violates division (B)(4) of	9310
section 3517.102 of the Revised Code shall be fined an amount	9311
equal to three times the amount contributed in excess of the	9312
amount permitted by that division.	9313

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	9314
of this section, no violation of division (B) of section 3517.102	9315
of the Revised Code occurs, and the secretary of state shall not	9316
refer parties to the Ohio elections commission, if the amount	9317
transferred or contributed in excess of the amount permitted by	9318
that division meets either of the following conditions:	9319

(a) It is completely refunded within five business days after	9320
it is accepted.	9321

(b) It is completely refunded on or before the tenth business	9322
day after notification to the recipient of the excess transfer or	9323
contribution by the board of elections or the secretary of state	9324
that a transfer or contribution in excess of the permitted amount	9325
has been received.	9326

(J)(1) Any campaign committee that violates division (C)(1),	9327
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	9328
fined an amount equal to three times the amount accepted in excess	9329
of the amount permitted by that division.	9330

(2)(a) Any county political party that violates division	9331
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	9332
shall be fined an amount equal to three times the amount accepted.	9333

(b) Any county political party that violates division	9334
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	9335
fined an amount from its state candidate fund equal to three times	9336
the amount accepted in excess of the amount permitted by that	9337
division.	9338

(c) Any state political party that violates division	9339
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	9340
an amount from its state candidate fund equal to three times the	9341
amount accepted in excess of the amount permitted by that	9342
division.	9343

(3) Any legislative campaign fund that violates division	9344
(C)(5) of section 3517.102 of the Revised Code shall be fined an	9345
amount equal to three times the amount accepted in excess of the	9346
amount permitted by that division.	9347

(4) Any political action committee or political contributing	9348
entity that violates division (C)(7) of section 3517.102 of the	9349
Revised Code shall be fined an amount equal to three times the	9350
amount accepted in excess of the amount permitted by that	9351
division.	9352

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	9353
this section, no violation of division (C) of section 3517.102 of	9354
the Revised Code occurs, and the secretary of state shall not	9355
refer parties to the Ohio elections commission, if the amount	9356
transferred or contributed in excess of the amount permitted to be	9357
accepted by that division meets either of the following	9358
conditions:	9359

(a) It is completely refunded within five business days after	9360
its acceptance.	9361

(b) It is completely refunded on or before the tenth business	9362
day after notification to the recipient of the excess transfer or	9363
contribution by the board of elections or the secretary of state	9364
that a transfer or contribution in excess of the permitted amount	9365
has been received.	9366

(K)(1) Any legislative campaign fund that violates division	9367
(F)(1) of section 3517.102 of the Revised Code shall be fined	9368
twenty-five dollars for each day of violation.	9369

(2) Any legislative campaign fund that violates division	9370
(F)(2) of section 3517.102 of the Revised Code shall give to the	9371
treasurer of state for deposit into the state treasury to the	9372
credit of the Ohio elections commission fund all excess	9373
contributions not disposed of as required by division (E) of	9374
section 3517.102 of the Revised Code.	9375

(L) Whoever violates section 3517.105 of the Revised Code	9376
shall be fined one thousand dollars.	9377

(M)(1) Whoever solicits a contribution in violation of	9378
section 3517.092 or violates division (B) of section 3517.09 of	9379
the Revised Code is guilty of a misdemeanor of the first degree.	9380

(2) Whoever knowingly accepts a contribution in violation of	9381
division (B) or (C) of section 3517.092 of the Revised Code shall	9382
be fined an amount equal to three times the amount accepted in	9383
violation of either of those divisions and shall return to the	9384
contributor any amount so accepted. Whoever unknowingly accepts a	9385
contribution in violation of division (B) or (C) of section	9386
3517.092 of the Revised Code shall return to the contributor any	9387
amount so accepted.	9388

(N) Whoever violates division (S) of section 3517.13 of the	9389
Revised Code shall be fined an amount equal to three times the	9390
amount of funds transferred or three times the value of the assets	9391
transferred in violation of that division.	9392

(O) Any campaign committee that accepts a contribution or	9393
contributions in violation of section 3517.108 of the Revised	9394
Code, uses a contribution in violation of that section, or fails	9395
to dispose of excess contributions in violation of that section	9396
shall be fined an amount equal to three times the amount accepted,	9397
used, or kept in violation of that section.	9398

(P) Any political party, state candidate fund, legislative	9399
candidate fund, or campaign committee that violates division (T)	9400
of section 3517.13 of the Revised Code shall be fined an amount	9401
equal to three times the amount contributed or accepted in	9402
violation of that section.	9403

(Q) A treasurer of a committee or another person who violates	9404
division (U) of section 3517.13 of the Revised Code shall be fined	9405
not more than two hundred fifty dollars.	9406

(R) Whoever violates division (I) or (J) of section 3517.13	9407
of the Revised Code shall be fined not more than one thousand	9408
dollars. Whenever a person is found guilty of violating division	9409
(I) or (J) of section 3517.13 of the Revised Code, the contract	9410
awarded in violation of either of those divisions shall be	9411
rescinded if its terms have not yet been performed.	9412

(S) A candidate whose campaign committee violates or a	9413
treasurer of a campaign committee who violates section 3517.081 of	9414
the Revised Code, and a candidate whose campaign committee	9415
violates or a treasurer of a campaign committee or another person	9416
who violates division (C) of section 3517.10 of the Revised Code,	9417
shall be fined not more than five hundred dollars.	9418

(T) A candidate whose campaign committee violates or a	9419
treasurer of a committee who violates division (B) of section	9420
3517.09 of the Revised Code, or a candidate whose campaign	9421
committee violates or a treasurer of a campaign committee or	9422
another person who violates division (C) of section 3517.09 of the	9423
Revised Code shall be fined not more than one thousand dollars.	9424

(U) Whoever violates section 3517.20 of the Revised Code	9425
shall be fined not more than five hundred dollars.	9426

(V) Whoever violates section 3517.21 or section 3517.22 of	9427
the Revised Code shall be imprisoned for not more than six months	9428
or fined not more than five thousand dollars, or both.	9429

(W) A campaign committee that is required to file a	9430
declaration of no limits under division (D)(2) of section 3517.103	9431
of the Revised Code that, before filing that declaration, accepts	9432
a contribution or contributions that exceed the limitations	9433
prescribed in section 3517.102 of the Revised Code, shall return	9434
that contribution or those contributions to the contributor.	9435

(X) Any campaign committee that fails to file the declaration	9436
of filing-day finances required by division (F) of section	9437
3517.109 ~~or the declaration of primary-day finances or declaration~~	9438
~~of year-end finances required by division (E) of section 3517.1010~~	9439
of the Revised Code shall be fined twenty-five dollars for each	9440
day of violation.	9441

(Y)(1) Any campaign committee that fails to dispose of excess	9442
funds or excess aggregate contributions under division (B) of	9443
section 3517.109 of the Revised Code in the manner required by	9444
division (C) of that section ~~or under division (B) of section~~	9445
~~3517.1010 of the Revised Code in the manner required by division~~	9446
~~(C) of that section~~ shall give to the treasurer of state for	9447
deposit into the Ohio elections commission fund created under	9448
division (I) of section 3517.152 of the Revised Code all funds not	9449
disposed of pursuant to ~~those divisions~~that division.	9450

(2) Any treasurer of a transition fund that fails to dispose	9451
of assets remaining in the transition fund as required under	9452
division (H)(1) or (2) of section 3517.1014 of the Revised Code	9453
shall give to the treasurer of state for deposit into the Ohio	9454
elections commission fund all assets not disposed of pursuant to	9455
that division.	9456

(Z) Any individual, campaign committee, political action	9457
committee, political contributing entity, legislative campaign	9458
fund, political party, treasurer of a transition fund, or other	9459
entity that violates any provision of sections 3517.09 to 3517.12	9460
of the Revised Code for which no penalty is provided for under any	9461
other division of this section shall be fined not more than one	9462
thousand dollars.	9463

(AA)(1) Whoever knowingly violates division (W)(1) of section	9464
3517.13 of the Revised Code shall be fined an amount equal to	9465
three times the amount contributed, expended, or promised in	9466
violation of that division or ten thousand dollars, whichever	9467
amount is greater.	9468

(2) Whoever knowingly violates division (W)(2) of section	9469
3517.13 of the Revised Code shall be fined an amount equal to	9470
three times the amount solicited or accepted in violation of that	9471
division or ten thousand dollars, whichever amount is greater.	9472

(BB) Whoever knowingly violates division (C) or (D) of	9473
section 3517.1011 of the Revised Code shall be fined not more than	9474
ten thousand dollars plus not more than one thousand dollars for	9475
each day of violation.	9476

(CC)~~(1) Subject to division (CC)(2) of this section, whoever~~	9477
~~violates division (H) of section 3517.1011 of the Revised Code~~	9478
~~shall be fined an amount up to three times the amount disbursed~~	9479
~~for the direct costs of airing the communication made in violation~~	9480
~~of that division.~~	9481

~~(2) Whoever has been ordered by the Ohio elections commission~~	9482
~~or by a court of competent jurisdiction to cease making~~	9483
~~communications in violation of division (H) of section 3517.1011~~	9484
~~of the Revised Code who again violates that division shall be~~	9485
~~fined an amount equal to three times the amount disbursed for the~~	9486
~~direct costs of airing the communication made in violation of that~~	9487
~~division.~~	9488

~~(DD)~~(1) Any corporation or labor organization that violates	9489
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	9490
fined an amount equal to three times the amount given in excess of	9491
the amount permitted by that division.	9492

(2) Any state or county political party that violates	9493
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	9494
fined an amount equal to three times the amount accepted in excess	9495
of the amount permitted by that division.	9496

~~(EE)~~(DD)(1) Any campaign committee or person who violates	9497
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	9498
shall be fined an amount equal to three times the amount donated	9499
in excess of the amount permitted by that division.	9500

(2) Any officeholder or treasurer of a transition fund who	9501
violates division (C)(3)(a) or (b) of section 3517.1014 of the	9502
Revised Code shall be fined an amount equal to three times the	9503
amount accepted in excess of the amount permitted by that	9504
division.	9505

Sec. 3519.01. (A) Only one proposal of law or constitutional	9506
amendment to be proposed by initiative petition shall be contained	9507
in an initiative petition to enable the voters to vote on that	9508
proposal separately. A petition shall include the text of any	9509
existing statute or constitutional provision that would be amended	9510
or repealed if the proposed law or constitutional amendment is	9511
adopted.	9512

Whoever seeks to propose a law or constitutional amendment by	9513
initiative petition shall, by a written petition signed by one	9514
thousand qualified electors, submit the proposed law or	9515
constitutional amendment and a summary of it to the attorney	9516
general for examination. Within ten days after the receipt of the	9517
written petition and the summary of it, the attorney general shall	9518
conduct an examination of the summary. If, in the opinion of the	9519
attorney general, the summary is a fair and truthful statement of	9520
the proposed law or constitutional amendment, the attorney general	9521
shall so certify and then forward the submitted petition to the	9522
Ohio ballot board for its approval under division (A) of section	9523
3505.062 of the Revised Code. If the Ohio ballot board returns the	9524
submitted petition to the attorney general with its certification	9525
as described in that division, the attorney general shall then	9526
file with the secretary of state a verified copy of the proposed	9527
law or constitutional amendment together with its summary and the	9528
attorney general's certification.	9529

Whenever the Ohio ballot board divides an initiative petition	9530
into individual petitions containing only one proposed law or	9531
constitutional amendment under division (A) of section 3505.062 of	9532
the Revised Code resulting in the need for the petitioners to	9533
resubmit to the attorney general appropriate summaries for each of	9534
the individual petitions arising from the board's division of the	9535
initiative petition, the attorney general shall review the	9536
resubmitted summaries, within ten days after their receipt, to	9537
determine if they are a fair and truthful statement of the	9538
respective proposed laws or constitutional amendments and, if so,	9539
certify them. These resubmissions shall contain no new	9540
explanations or arguments. Then, the attorney general shall file	9541
with the secretary of state a verified copy of each of the	9542
proposed laws or constitutional amendments together with their	9543
respective summaries and the attorney general's certification of	9544
each.	9545

(B)(1) Whoever seeks to file a referendum petition against	9546
any law, section, or item in any law shall, by a written petition	9547
signed by one thousand qualified electors, submit the measure to	9548
be referred and a summary of it to the secretary of state and, on	9549
the same day or within one business day before or after that day,	9550
submit a copy of the petition, measure, and summary to the	9551
attorney general.	9552

(2) Not later than ten business days after receiving the	9553
petition, measure, and summary, the secretary of state shall do	9554
both of the following:	9555

(a) Have the validity of the signatures on the petition	9556
verified;	9557

(b) After comparing the text of the measure to be referred	9558
with the copy of the enrolled act on file in the secretary of	9559
state's office containing the law, section, or item of law,	9560
determine whether the text is correct and, if it is, so certify.	9561

(3) Not later than ten business days after receiving a copy	9562
of the petition, measure, and summary, the attorney general shall	9563
examine the summary and, if in the attorney general's opinion, the	9564
summary is a fair and truthful statement of the measure to be	9565
referred, so certify.	9566

(C) Any person who is aggrieved by a certification decision	9567
under division (A) or (B) of this section may challenge the	9568
certification or failure to certify of the attorney general in the	9569
supreme court, which shall have exclusive, original jurisdiction	9570
in all challenges of those certification decisions.	9571

Sec. 3519.16. ~~The circulator of any part-petition, the~~	9572
~~committee interested in the petition, or any elector may file with~~	9573
~~the board of elections a protest against the board's findings made~~	9574
~~pursuant to section 3519.15 of the Revised Code. Protests shall be~~	9575
~~in writing and shall specify reasons for the protest. Protests for~~	9576
~~all initiative and referendum petitions other than those to be~~	9577
~~voted on by electors throughout the entire state shall be filed~~	9578
~~not later than four p.m. of the seventy-fourth day before the day~~	9579
~~of the election. Once a protest is filed, the board shall proceed~~	9580
~~to establish the sufficiency or insufficiency of the signatures~~	9581
~~and of the verification of those signatures in an action before~~	9582
~~the court of common pleas in the county. The action shall be~~	9583
~~brought within three days after the protest is filed, and it shall~~	9584
~~be heard forthwith by a judge of that court, whose decision shall~~	9585
~~be certified to the board. The signatures that are adjudged~~	9586
~~sufficient or the part-petitions that are adjudged properly~~	9587
~~verified shall be included with the others by the board, and those~~	9588
~~found insufficient and all those part-petitions that are adjudged~~	9589
~~not properly verified shall not be included.~~(A) Pursuant to	9590
Section 1g of Article II, Ohio Constitution, the supreme court of	9591
Ohio shall have original, exclusive jurisdiction in all challenges	9592
to initiative and referendum petitions.	9593

(B) The circulator of any petition shall include upon each	9594
part-petition filed with the secretary of state a designation of	9595
the county in which the part-petition was circulated and a number	9596
for each part-petition. In any county where part-petitions are	9597
circulated, each part-petition shall be numbered sequentially.	9598
Upon the filing of the petition with the secretary of state, the	9599
circulator of any petition shall also file the following:	9600

(1) An electronic copy of the petition filed along with a	9601
verification that the electronic copy is a true representation of	9602
the original paper petition filed with the secretary of state;	9603

(2) A summary of the number of part-petitions filed per	9604
county and the number of signatures on each part-petition;	9605

(3) An index of the electronic copy.

9606

(C) For a request made under Chapter 149. of the Revised Code	9607
for the inspection or copying of the original petition filed with	9608
the secretary of state, the request is fulfilled when the	9609
secretary of state provides inspection of or copies of the	9610
electronic copy filed by the circulator of the petition. This	9611
section applies from the time of the initial filing of the	9612
petition with the secretary of state and remains applicable until	9613
the part-petitions are returned to the secretary of state from the	9614
local board of elections after a determination of sufficiency of	9615
the petition pursuant to section 3519.15 of the Revised Code.	9616

(D) Discrepancies between the electronic copy filed under	9617
division (B)(1) of this section and the original paper petitions	9618
as filed with the secretary of state shall not render the petition	9619
invalid. Discrepancies between a filed electronic copy and the	9620
original paper petition, if the product of fraud, shall be subject	9621
to criminal penalties under section 3599.36 of the Revised Code.	9622

(E) The properly verified part-petitions, together with the	9623
report of the board, shall be returned to the secretary of state	9624
~~not less than sixty days before the election, provided that, in~~	9625
~~the case of an initiated law to be presented to the general~~	9626
~~assembly, the boards shall promptly check and return the petitions~~	9627
~~together with their report~~. The secretary of state shall notify,	9628
by certified mail,~~the chairperson~~each member of the committee	9629
in charge of the circulation as to the sufficiency or	9630
insufficiency of the petition and the extent of the insufficiency.	9631

If the petition is found insufficient because of an	9632
insufficient number of valid signatures, the committee shall be	9633
allowed ten additional days after the ~~notification by~~first member	9634
of the committee receives notice of the petition's insufficiency	9635
by certified mail from the secretary of state for the filing of	9636
additional signatures to the petition. No additional signatures	9637
may be collected by the circulator of the petition until the	9638
secretary of state determines the sufficiency of the signatures	9639
that the circulator originally filed with the secretary of state	9640
The part-petitions of the supplementary petition that appear to	9641
the secretary of state to be properly verified, upon their receipt	9642
by the secretary of state, shall forthwith be forwarded to the	9643
boards of the several counties together with the part-petitions of	9644
the original petition that have been properly verified. They shall	9645
be immediately examined and passed upon as to the validity and	9646
sufficiency of the signatures on them by each of the boards and	9647
returned within five days to the secretary of state with the	9648
report of each board. No signature on a supplementary	9649
part-petition that is the same as a signature on an original	9650
part-petition shall be counted. The number of signatures in both	9651
the original and supplementary petitions, properly verified, shall	9652
be used by the secretary of state in determining the total number	9653
of signatures to the petition that the secretary of state shall	9654
record and announce. If they are sufficient, the amendment,	9655
proposed law, or law shall be placed on the ballot as required by	9656
law. If the petition is found insufficient, the secretary of state	9657
shall notify the committee in charge of the circulation of the	9658
petition.	9659

Sec. 3599.03. (A)(1) ~~Except to carry on activities specified~~	9660
~~in sections 3517.082 and 3517.1011, division (A)(2) of section~~	9661
~~3517.1012, division (B) of section 3517.1013, division (C)(1) of~~	9662
~~section 3517.1014, and section 3599.031 of the Revised Code and~~	9663
~~except as provided in divisions (D), (E), and (F) of this section,~~	9664
noNo corporation, no nonprofit corporation, and no labor	9665
organization, directly or indirectly, shall pay or use, or offer,	9666
advise, consent, or agree to pay or use, the corporation's money	9667
or property, or the labor organization's money, including dues,	9668
initiation fees, or other assessments paid by members, or	9669
property, ~~for or in aid of or opposition~~to make a contribution to	9670
a political party, a candidate for election or nomination to	9671
public office, a political action committee including a political	9672
action committee of the corporation or labor organization, a	9673
legislative campaign fund, or any organization that supports or	9674
opposes any such candidate, ~~or for any partisan political purpose,~~	9675
shall violate any law requiring the filing of an affidavit or	9676
statement respecting such use of those funds, or shall pay or use	9677
the corporation's or labor organization's money for the expenses	9678
of a social fund-raising event for its political action committee	9679
if an employee's or labor organization member's right to attend	9680
such an event is predicated on the employee's or member's	9681
contribution to the corporation's or labor organization's	9682
political action committee.	9683

(2) Whoever violates division (A)(1) of this section shall be	9684
fined not less than five hundred nor more than five thousand	9685
dollars.	9686

(B)(1) No officer, stockholder, attorney, or agent of a	9687
corporation or nonprofit corporation, no member, including an	9688
officer, attorney, or agent, of a labor organization, and no	9689
candidate, political party official, or other individual shall	9690
knowingly aid, advise, solicit, or receive money or other property	9691
in violation of division (A)(1) of this section.	9692

(2) Whoever violates division (B)(1) of this section shall be	9693
fined not more than one thousand dollars, or imprisoned not more	9694
than one year, or both.	9695

(C) A corporation, a nonprofit corporation, or a labor	9696
organization may use its funds or property for or in aid of or	9697
opposition to a proposed or certified ballot issue. Such use of	9698
funds or property shall be reported on a form prescribed by the	9699
secretary of state. Reports of contributions in connection with	9700
statewide ballot issues shall be filed with the secretary of	9701
state. Reports of contributions in connection with local issues	9702
shall be filed with the board of elections of the most populous	9703
county of the district in which the issue is submitted or to be	9704
submitted to the electors. Reports made pursuant to this division	9705
shall be filed by the times specified in divisions (A)(1) and (2)	9706
of section 3517.10 of the Revised Code.	9707

(D)(1) Any gift made pursuant to section 3517.101 of the	9708
Revised Code does not constitute a violation of this section or of	9709
any other section of the Revised Code.	9710

(2) Any gift made pursuant to division (A)(2) of section	9711
3517.1012 of the Revised Code does not constitute a violation of	9712
this section.	9713

(3) Any gift made pursuant to division (B) of section	9714
3517.1013 of the Revised Code does not constitute a violation of	9715
this section.	9716

(4) Any donation made pursuant to division (C)(1) of section	9717
3517.1014 of the Revised Code does not constitute a violation of	9718
this section.	9719

(E) Any compensation or fees paid by a financial institution	9720
to a state political party for services rendered pursuant to	9721
division (B) of section 3517.19 of the Revised Code do not	9722
constitute a violation of this section or of any other section of	9723
the Revised Code.	9724

(F)(1) The use by a nonprofit corporation of its money or	9725
property for communicating information for a purpose specified in	9726
division (A) of this section is not a violation of that division	9727
if the stockholders, members, donors, trustees, or officers of the	9728
nonprofit corporation are the predominant recipients of the	9729
communication.	9730

(2) The placement of a campaign sign on the property of a	9731
corporation, nonprofit corporation, or labor organization is not a	9732
use of property in violation of division (A) of this section by	9733
that corporation, nonprofit corporation, or labor organization.	9734

(3) The use by a corporation or labor organization of its	9735
money or property for communicating information for a purpose	9736
specified in division (A) of this section is not a violation of	9737
that division if it is not a communication made by mass broadcast	9738
such as radio or television or made by advertising in a newspaper	9739
of general circulation but is a communication sent exclusively to	9740
members, employees, officers, or trustees of that labor	9741
organization or shareholders, employees, officers, or directors of	9742
that corporation or to members of the immediate families of any	9743
such individuals or if the communication intended to be so sent	9744
exclusively is unintentionally sent as well to a de minimis number	9745
of other individuals.	9746

(G) In addition to the laws listed in division (A) of section	9747
4117.10 of the Revised Code that prevail over conflicting	9748
agreements between employee organizations and public employers,	9749
this section prevails over any conflicting provisions of	9750
agreements between labor organizations and public employers that	9751
are entered into on or after March 31, 2005, pursuant to Chapter	9752
4117. of the Revised Code.	9753

(H) As used in this section, "labor organization" has the	9754
same meaning as in section 3517.01 of the Revised Code.	9755

Sec. 3599.07. No ~~judge of elections~~precinct election	9756
official, observer, or police officer admitted into the polling	9757
rooms at the election, at any time while the polls are open, shall	9758
have in the individual's possession, distribute, or give out any	9759
ballot or ticket to any person on any pretense during the	9760
receiving, counting, or certifying of the votes, or have any	9761
ballot or ticket in the individual's possession or control, except	9762
in the proper discharge of the individual's official duty in	9763
receiving, counting, or canvassing the votes. This section does	9764
not prevent the lawful exercise by a ~~judge of elections~~precinct	9765
election official or observer of the individual right to vote at	9766
such election.	9767

Sec. 3599.17. (A) No elections official serving as a	9768
registrar or ~~judge of elections~~precinct election official shall	9769
do any of the following:	9770

(1) Fail to appear before the board of elections, or its	9771
representative, after notice has been served personally upon the	9772
official or left at the official's usual place of residence, for	9773
examination as to the official's qualifications;	9774

(2) Fail to appear at the polling place to which the official	9775
is assigned at the hour and during the hours set for the	9776
registration or election;	9777

(3) Fail to take the oath prescribed by section 3501.31 of	9778
the Revised Code, unless excused by such board;	9779

(4) Refuse or sanction the refusal of another registrar or	9780
~~judge of elections~~precinct election official to administer an	9781
oath required by law;	9782

(5) Fail to send notice to the board of the appointment of a	9783
~~judge~~precinct election official to fill a vacancy;	9784

(6) Act as registrar or ~~judge~~precinct election official	9785
without having been appointed and having received a certificate of	9786
appointment, except a ~~judge~~precinct election official appointed	9787
to fill a vacancy caused by absence or removal;	9788

(7) Fail in any other way to perform any duty imposed by law.

9789

(B) Whoever violates division (A) of this section is guilty	9790
of a misdemeanor of the first degree.	9791

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	9792
official shall knowingly do any of the following:	9793

(1) Unlawfully open or permit to be opened the sealed package	9794
containing registration lists, ballots, blanks, pollbooks, and	9795
other papers and material to be used in an election;	9796

(2) Unlawfully misplace, carry away, negligently lose or	9797
permit to be taken from the ~~judge~~precinct election official, fail	9798
to deliver, or destroy any such packages, papers, or material;	9799

(3) Receive or sanction the reception of a ballot from a	9800
person not a qualified elector or from a person who refused to	9801
answer a question in accordance with the election law;	9802

(4) Refuse to receive or sanction the rejection of a ballot	9803
from a person, knowing that person to be a qualified elector;	9804

(5) Permit a fraudulent ballot to be placed in the ballot	9805
box;	9806

(6) Place or permit to be placed in any ballot box any ballot	9807
known by the ~~judge~~precinct election official to be improperly or	9808
falsely marked;	9809

(7) Count or permit to be counted any illegal or fraudulent	9810
ballot;	9811

(8) Mislead an elector who is physically unable to prepare	9812
the elector's ballot, mark a ballot for such elector otherwise	9813
than as directed by that elector, or disclose to any person,	9814
except when legally required to do so, how such elector voted;	9815

(9) Alter or mark or permit any alteration or marking on any	9816
ballot when counting the ballots;	9817

(10) Unlawfully count or tally or sanction the wrongful	9818
counting or tallying of votes;	9819

(11) After the counting of votes commences, as required by	9820
law, postpone or sanction the postponement of the counting of	9821
votes, adjourn at any time or to any place, or remove the ballot	9822
box from the place of voting, or from the custody or presence of	9823
all the ~~judges of such elections~~precinct election officials;	9824

(12) Permit any ballot to remain or to be in the ballot box	9825
at the opening of the polls, or to be put in the box during the	9826
counting of the ballots, or to be left in the box without being	9827
counted;	9828

(13) Admit or sanction the admission to the polling room at	9829
an election during the receiving, counting, and certifying of	9830
votes of any person not qualified by law to be so admitted;	9831

(14) Refuse to admit or sanction the refusal to admit any	9832
person, upon lawful request for admission, who is legally	9833
qualified to be present;	9834

(15) Permit or sanction the counting of the ballots contrary	9835
to the manner prescribed by law;	9836

(16) Neglect or unlawfully execute any duty enjoined upon the	9837
~~judge~~precinct election official by law.	9838

(B) Whoever violates division (A) of this section is guilty	9839
of a misdemeanor of the first degree.	9840

Sec. 3599.30. No school operated by a school district, no	9841
community school established under Chapter 3314. of the Revised	9842
Code, no STEM school established under Chapter 3326. of the	9843
Revised Code, and no chartered nonpublic school shall, during the	9844
regular school day, transport one or more students to a polling	9845
place or board of elections for the purpose of casting a ballot.	9846

Sec. 3599.31. No officer of the law shall fail to obey	9847
forthwith an order of the ~~presiding judge~~voting location manager	9848
and aid in enforcing a lawful order of the ~~presiding judges~~voting	9849
location manager at an election, against persons unlawfully	9850
congregating or loitering within one hundred feet of a polling	9851
place, hindering or delaying an elector from reaching or leaving	9852
the polling place, soliciting or attempting, within one hundred	9853
feet of the polling place, to influence an elector in casting the	9854
elector's vote, or interfering with the registration of voters or	9855
casting and counting of the ballots.	9856

Whoever violates this section is guilty of a misdemeanor of	9857
the first degree.	9858

Section 2. That existing sections 511.27, 1545.21, 2101.44,	9859
3501.01, 3501.05, 3501.051, 3501.10, 3501.11, 3501.13, 3501.17,	9860
3501.18, 3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29,	9861
3501.30, 3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37,	9862
3501.38, 3503.02, 3503.06, 3503.14, 3503.15, 3503.16, 3503.18,	9863
3503.19, 3503.21, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05,	9864
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18,	9865
3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24,	9866
3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12,	9867
3506.15, 3509.01, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05,	9868
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05,	9869
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13,	9870
3511.14, 3513.02, 3513.12, 3513.131, 3513.18, 3513.19, 3513.21,	9871
3513.262, 3513.30, 3515.04, 3517.01, 3517.012, 3517.10, 3517.102,	9872
3517.103, 3517.106, 3517.1011, 3517.11, 3517.153, 3517.154,	9873
3517.155, 3517.992, 3519.01, 3519.16, 3599.03, 3599.07, 3599.17,	9874
3599.19, and 3599.31 and sections 3503.29, 3504.01, 3506.16, and	9875
3517.1010 of the Revised Code are hereby repealed.	9876

Section 3. That sections 3.02, 302.09, 305.02, 503.24,	9877
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code	9878
be amended to read as follows, to make those sections consistent	9879
with the requirements of the Ohio Constitution:	9880

Sec. 3.02. (A) When an elective office becomes vacant and is	9881
filled by appointment, such appointee shall hold the office until	9882
the appointee's successor is elected and qualified; and such	9883
successor shall be elected for the unexpired term, at the first	9884
general election for the office which is vacant that occurs more	9885
than ~~fifty-six~~forty days after the vacancy has occurred; provided	9886
that when the unexpired term ends within one year immediately	9887
following the date of such general election, an election to fill	9888
such unexpired term shall not be held and the appointment shall be	9889
for such unexpired term.	9890

(B) When an elective office becomes vacant and is filled by	9891
appointment, the appointing authority shall, immediately but no	9892
later than seven days after making the appointment, certify it to	9893
the board of elections and to the secretary of state. The board of	9894
elections or, in the case of an appointment to a statewide office,	9895
the secretary of state shall issue a certificate of appointment to	9896
the appointee. Certificates of appointment shall be in such form	9897
as the secretary of state shall prescribe.	9898

(C) When an elected candidate fails to qualify for the office	9899
to which the candidate has been elected, the office shall be	9900
filled as in the case of a vacancy. Until so filled, the incumbent	9901
officer shall continue to hold office. This section does not	9902
postpone the time for such election beyond that at which it would	9903
have been held had no such vacancy occurred, or affect the	9904
official term, or the time for the commencement thereof, of any	9905
person elected to such office before the occurrence of such	9906
vacancy.	9907

Sec. 302.09. When a vacancy occurs in the board of county	9908
commissioners or in the office of county auditor, county	9909
treasurer, prosecuting attorney, clerk of the court of common	9910
pleas, sheriff, county recorder, county engineer, or coroner more	9911
than ~~fifty-six~~forty days before the next general election for	9912
state and county officers, the vacancy shall be filled as provided	9913
for in divisions (A) and (B) of section 305.02 of the Revised	9914
Code.	9915

Sec. 305.02. (A) If a vacancy in the office of county	9916
commissioner, prosecuting attorney, county auditor, county	9917
treasurer, clerk of the court of common pleas, sheriff, county	9918
recorder, county engineer, or coroner occurs more than ~~fifty-six~~	9919
forty days before the next general election for state and county	9920
officers, a successor shall be elected at such election for the	9921
unexpired term unless such term expires within one year	9922
immediately following the date of such general election.	9923

In either event, the vacancy shall be filled as provided in	9924
this section, and the appointee shall hold office until a	9925
successor is elected and qualified.	9926

(B) If a vacancy occurs from any cause in any of the offices	9927
named in division (A) of this section, the county central	9928
committee of the political party with which the last occupant of	9929
the office was affiliated shall appoint a person to hold the	9930
office and to perform the duties thereof until a successor is	9931
elected and has qualified, except that if such vacancy occurs	9932
because of the death, resignation, or inability to take the office	9933
of an officer-elect whose term has not yet begun, an appointment	9934
to take such office at the beginning of the term shall be made by	9935
the central committee of the political party with which such	9936
officer-elect was affiliated.	9937

(C) Not less than five nor more than forty-five days after a	9938
vacancy occurs, the county central committee shall meet for the	9939
purpose of making an appointment under this section. Not less than	9940
four days before the date of such meeting the chairperson or	9941
secretary of such central committee shall send by first class mail	9942
to every member of such central committee a written notice which	9943
shall state the time and place of such meeting and the purpose	9944
thereof. A majority of the members of the central committee	9945
present at such meeting may make the appointment.	9946

(D) If the last occupant of the office or the officer-elect	9947
was elected as an independent candidate, the board of county	9948
commissioners shall make such appointment at the time when the	9949
vacancy occurs, except where the vacancy is in the office of	9950
county commissioner, in which case the prosecuting attorney and	9951
the remaining commissioners or a majority of them shall make the	9952
appointment.	9953

(E) Appointments made under this section shall be certified	9954
by the appointing county central committee or by the board of	9955
county commissioners to the county board of elections and to the	9956
secretary of state, and the persons so appointed and certified	9957
shall be entitled to all remuneration provided by law for the	9958
offices to which they are appointed.	9959

(F) The board of county commissioners may appoint a person to	9960
hold any of the offices named in division (A) of this section as	9961
an acting officer and to perform the duties thereof between the	9962
occurrence of the vacancy and the time when the officer appointed	9963
by the central committee qualifies and takes the office.	9964

(G) A person appointed prosecuting attorney or assistant	9965
prosecuting attorney shall give bond and take the oath of office	9966
prescribed by section 309.03 of the Revised Code for the	9967
prosecuting attorney.	9968

Sec. 503.24. If there is a vacancy by reason of the	9969
nonacceptance, death, or removal of a person chosen to an office	9970
in any township at the regular election, or if there is a vacancy	9971
from any other cause, the board of township trustees shall appoint	9972
a person having the qualifications of an elector to fill such	9973
vacancy for the unexpired term or until a successor is elected.	9974

If a township is without a board or if no appointment is made	9975
within thirty days after the occurrence of a vacancy, a majority	9976
of the persons designated as the committee of five on the	9977
last-filed nominating petition of the township officer whose	9978
vacancy is to be filled who are residents of the township shall	9979
appoint a person having the qualifications of an elector to fill	9980
the vacancy for the unexpired term or until a successor is	9981
elected. If at least three of the committee members who are	9982
residents of the township cannot be found, or if that number of	9983
such members fails to make an appointment within ten days after	9984
the thirty-day period in which the board of township trustees is	9985
authorized to make an appointment, then the presiding probate	9986
judge of the county shall appoint a suitable person having the	9987
qualifications of an elector in the township to fill the vacancy	9988
for the unexpired term or until a successor is elected.	9989

If a vacancy occurs in a township elective office more than	9990
~~fifty-six~~forty days before the next general election for	9991
municipal and township officers a successor shall be chosen at	9992
that election to fill the unexpired term, provided the term does	9993
not expire within one year from the day of the election. If the	9994
term expires within one year from the day of the next general	9995
election for municipal and township officers, a successor	9996
appointed pursuant to this section shall serve out the unexpired	9997
term.	9998

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	9999
arising in appointive and elective offices of villages shall be	10000
filled by appointment by the mayor for the remainder of the	10001
unexpired term, provided that:	10002

(1) Vacancies in the office of mayor shall be filled in the	10003
manner provided by section 733.25 of the Revised Code;	10004

(2) Vacancies in the membership of the legislative authority	10005
shall be filled in the manner provided by section 731.43 of the	10006
Revised Code;	10007

(3) Vacancies in the office of president pro tempore of a	10008
village legislative authority shall be filled in the manner	10009
provided by section 731.11 of the Revised Code.	10010

In the event of a vacancy in the office of village clerk or	10011
treasurer, the mayor may appoint a person to serve as an acting	10012
officer to perform the duties of the office until a permanent	10013
officer is appointed to fill the vacancy.	10014

(B) Unless otherwise provided by law, vacancies arising in	10015
appointive offices of cities shall be filled by appointment by the	10016
mayor for the remainder of the unexpired term.	10017

(C) A vacancy in the office of president of the legislative	10018
authority of a city shall be filled in the same manner as provided	10019
in division (D) of this section. Vacancies in the office of mayor	10020
of a city shall be filled in the manner provided in section 733.08	10021
of the Revised Code. Vacancies in the membership of the	10022
legislative authority of a city shall be filled in the manner	10023
provided in section 731.43 of the Revised Code.	10024

(D) In case of the death, resignation, removal, or disability	10025
of the director of law, auditor, or treasurer of a city and such	10026
vacancy occurs more than ~~fifty-six~~forty days before the next	10027
general election for such office, a successor shall be elected at	10028
such election for the unexpired term unless such term expires	10029
within one year immediately following the date of such general	10030
election. In either event, the vacancy shall be filled as provided	10031
in this section and the appointee shall hold office until a	10032
successor is elected and qualified.	10033

(1) The county central committee of the political party with	10034
which the last occupant of the office was affiliated, acting	10035
through its members who reside in the city where the vacancy	10036
occurs, shall appoint a person to hold the office and to perform	10037
the duties thereof until a successor is elected and has qualified,	10038
except that if such vacancy occurs because of the death,	10039
resignation, or inability to take the office of an officer-elect	10040
whose term has not yet begun, an appointment to take such office	10041
at the beginning of the term shall be made by the members of the	10042
central committee who reside in the city where the vacancy occurs.	10043

(2) Not less than five nor more than forty-five days after a	10044
vacancy occurs, the county central committee, acting through its	10045
members who reside in the city where the vacancy occurs, shall	10046
meet for the purpose of making an appointment. Not less than four	10047
days before the date of the meeting the chairperson or secretary	10048
of the central committee shall send by first class mail to every	10049
member of such central committee who resides in the city where the	10050
vacancy occurs a written notice which shall state the time and	10051
place of such meeting and the purpose thereof. A majority of the	10052
members of the central committee present at such meeting may make	10053
the appointment.	10054

(E) If the last occupant of the office or the officer-elect,	10055
as provided in division (D) of this section, was elected as an	10056
independent candidate, the mayor of the city shall make the	10057
appointment at the time the vacancy occurs.	10058

(F) Appointments made under this section shall be certified	10059
by the appointing county central committee or by the mayor of the	10060
municipal corporation to the county board of elections and to the	10061
secretary of state. The persons so appointed and certified shall	10062
be entitled to all remuneration provided by law for the offices to	10063
which they are appointed.	10064

(G) The mayor of the city may appoint a person to hold the	10065
city office of director of law, auditor, or treasurer as an acting	10066
officer and to perform the duties thereof between the occurrence	10067
of the vacancy and the time when the person appointed by the	10068
central committee qualifies and takes the office.	10069

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	10070
and officers of the court shall take an oath of office as provided	10071
in section 3.23 of the Revised Code. The office of judge of the	10072
municipal court is subject to forfeiture, and the judge may be	10073
removed from office, for the causes and by the procedure provided	10074
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	10075
office of judge exists upon the death, resignation, forfeiture,	10076
removal from office, or absence from official duties for a period	10077
of six consecutive months, as determined under this section, of	10078
the judge and also by reason of the expiration of the term of an	10079
incumbent when no successor has been elected or qualified. The	10080
chief justice of the supreme court may designate a judge of	10081
another municipal court to act until that vacancy is filled in	10082
accordance with section 107.08 of the Revised Code. A vacancy	10083
resulting from the absence of a judge from official duties for a	10084
period of six consecutive months shall be determined and declared	10085
by the legislative authority.	10086

(b) If a vacancy occurs in the office of judge or clerk of	10087
the municipal court after the one-hundredth day before the first	10088
Tuesday after the first Monday in May and prior to the ~~fifty-sixth~~	10089
fortieth day before the day of the general election, all	10090
candidates for election to the unexpired term of the judge or	10091
clerk shall file nominating petitions with the board of elections	10092
not later than four p.m. on the tenth day following the day on	10093
which the vacancy occurs, except that, when the vacancy occurs	10094
fewer than ~~four~~six days before the ~~fifty-sixth~~fortieth day	10095
before the general election, the deadline for filing shall be four	10096
p.m. on the ~~fiftieth~~thirty-sixth day before the day of the	10097
general election.	10098

(c) Each nominating petition referred to in division	10099
(A)(1)(b) of this section shall be in the form prescribed in	10100
section 3513.261 of the Revised Code and shall be signed by at	10101
least fifty qualified electors of the territory of the municipal	10102
court. No nominating petition shall be accepted for filing or	10103
filed if it appears on its face to contain signatures aggregating	10104
in number more than twice the minimum aggregate number of	10105
signatures required by this section.	10106

(2) If a judge of a municipal court that has only one judge	10107
is temporarily absent, incapacitated, or otherwise unavailable,	10108
the judge may appoint a substitute who has the qualifications	10109
required by section 1901.06 of the Revised Code or a retired judge	10110
of a court of record who is a qualified elector and a resident of	10111
the territory of the court. If the judge is unable to make the	10112
appointment, the chief justice of the supreme court shall appoint	10113
a substitute. The appointee shall serve during the absence,	10114
incapacity, or unavailability of the incumbent, shall have the	10115
jurisdiction and powers conferred upon the judge of the municipal	10116
court, and shall be styled "acting judge." During that time of	10117
service, the acting judge shall sign all process and records and	10118
shall perform all acts pertaining to the office, except that of	10119
removal and appointment of officers of the court. All courts shall	10120
take judicial notice of the selection and powers of the acting	10121
judge. The incumbent judge shall establish the amount of	10122
compensation of an acting judge upon either a per diem, hourly, or	10123
other basis, but the rate of pay shall not exceed the per diem	10124
amount received by the incumbent judge.	10125

(B) When the volume of cases pending in any municipal court	10126
necessitates an additional judge, the chief justice of the supreme	10127
court, upon the written request of the judge or presiding judge of	10128
that municipal court, may designate a judge of another municipal	10129
court or county court to serve for any period of time that the	10130
chief justice may prescribe. The compensation of a judge so	10131
designated shall be paid from the city treasury or, in the case of	10132
a county-operated municipal court, from the county treasury. In	10133
addition to the annual salary provided for in section 1901.11 of	10134
the Revised Code and in addition to any compensation under	10135
division (A)(5) or (6) of section 141.04 of the Revised Code to	10136
which the judge is entitled in connection with the judge's own	10137
court, a full-time or part-time judge while holding court outside	10138
the judge's territory on the designation of the chief justice	10139
shall receive actual and necessary expenses and compensation as	10140
follows:	10141

(1) A full-time judge shall receive thirty dollars for each	10142
day of the assignment.	10143

(2) A part-time judge shall receive for each day of the	10144
assignment the per diem compensation of the judges of the court to	10145
which the judge is assigned, less the per diem amount paid to	10146
those judges pursuant to section 141.04 of the Revised Code,	10147
calculated on the basis of two hundred fifty working days per	10148
year.	10149

If a request is made by a judge or the presiding judge of a	10150
municipal court to designate a judge of another municipal court	10151
because of the volume of cases in the court for which the request	10152
is made and the chief justice reports, in writing, that no	10153
municipal or county court judge is available to serve by	10154
designation, the judges of the court requesting the designation	10155
may appoint a substitute as provided in division (A)(2) of this	10156
section, who may serve for any period of time that is prescribed	10157
by the chief justice. The substitute judge shall be paid in the	10158
same manner and at the same rate as the incumbent judges, except	10159
that, if the substitute judge is entitled to compensation under	10160
division (A)(5) or (6) of section 141.04 of the Revised Code, then	10161
section 1901.121 of the Revised Code shall govern its payment.	10162

Sec. 2301.02. The number of judges of the court of common	10163
pleas for each county, the time for the next election of the	10164
judges in the several counties, and the beginning of their terms	10165
shall be as follows:	10166

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	10167
elected in 1956, term to begin February 9, 1957;	10168

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	10169
Ottawa, and Union counties, one judge, to be elected in 1954, term	10170
to begin February 9, 1955;	10171

In Auglaize county, one judge, to be elected in 1956, term to	10172
begin January 9, 1957;	10173

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	10174
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	10175
Wyandot counties, one judge, to be elected in 1956, term to begin	10176
January 1, 1957;	10177

In Morrow county, two judges, one to be elected in 1956, term	10178
to begin January 1, 1957, and one to be elected in 2006, term to	10179
begin January 1, 2007;	10180

In Logan county, two judges, one to be elected in 1956, term	10181
to begin January 1, 1957, and one to be elected in 2004, term to	10182
begin January 2, 2005;	10183

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	10184
Shelby, Van Wert, and Williams counties, one judge, to be elected	10185
in 1952, term to begin January 1, 1953;	10186

In Champaign county, two judges, one to be elected in 1952,	10187
term to begin January 1, 1953, and one to be elected in 2008, term	10188
to begin February 10, 2009.	10189

In Harrison and Noble counties, one judge, to be elected in	10190
1954, term to begin April 18, 1955;	10191

In Henry county, two judges, one to be elected in 1956, term	10192
to begin May 9, 1957, and one to be elected in 2004, term to begin	10193
January 1, 2005;	10194

In Putnam county, one judge, to be elected in 1956, term to	10195
begin May 9, 1957;	10196

In Huron county, one judge, to be elected in 1952, term to	10197
begin May 14, 1953;	10198

In Perry county, one judge, to be elected in 1954, term to	10199
begin July 6, 1956;	10200

In Sandusky county, two judges, one to be elected in 1954,	10201
term to begin February 10, 1955, and one to be elected in 1978,	10202
term to begin January 1, 1979;	10203

(B) In Allen county, three judges, one to be elected in 1956,	10204
term to begin February 9, 1957, the second to be elected in 1958,	10205
term to begin January 1, 1959, and the third to be elected in	10206
1992, term to begin January 1, 1993;	10207

In Ashtabula county, three judges, one to be elected in 1954,	10208
term to begin February 9, 1955, one to be elected in 1960, term to	10209
begin January 1, 1961, and one to be elected in 1978, term to	10210
begin January 2, 1979;	10211

In Athens county, two judges, one to be elected in 1954, term	10212
to begin February 9, 1955, and one to be elected in 1990, term to	10213
begin July 1, 1991;	10214

In Erie county, four judges, one to be elected in 1956, term	10215
to begin January 1, 1957, the second to be elected in 1970, term	10216
to begin January 2, 1971, the third to be elected in 2004, term to	10217
begin January 2, 2005, and the fourth to be elected in 2008, term	10218
to begin February 9, 2009;	10219

In Fairfield county, three judges, one to be elected in 1954,	10220
term to begin February 9, 1955, the second to be elected in 1970,	10221
term to begin January 1, 1971, and the third to be elected in	10222
1994, term to begin January 2, 1995;	10223

In Geauga county, two judges, one to be elected in 1956, term	10224
to begin January 1, 1957, and the second to be elected in 1976,	10225
term to begin January 6, 1977;	10226

In Greene county, four judges, one to be elected in 1956,	10227
term to begin February 9, 1957, the second to be elected in 1960,	10228
term to begin January 1, 1961, the third to be elected in 1978,	10229
term to begin January 2, 1979, and the fourth to be elected in	10230
1994, term to begin January 1, 1995;	10231

In Hancock county, two judges, one to be elected in 1952,	10232
term to begin January 1, 1953, and the second to be elected in	10233
1978, term to begin January 1, 1979;	10234

In Lawrence county, two judges, one to be elected in 1954,	10235
term to begin February 9, 1955, and the second to be elected in	10236
1976, term to begin January 1, 1977;	10237

In Marion county, three judges, one to be elected in 1952,	10238
term to begin January 1, 1953, the second to be elected in 1976,	10239
term to begin January 2, 1977, and the third to be elected in	10240
1998, term to begin February 9, 1999;	10241

In Medina county, three judges, one to be elected in 1956,	10242
term to begin January 1, 1957, the second to be elected in 1966,	10243
term to begin January 1, 1967, and the third to be elected in	10244
1994, term to begin January 1, 1995;	10245

In Miami county, two judges, one to be elected in 1954, term	10246
to begin February 9, 1955, and one to be elected in 1970, term to	10247
begin on January 1, 1971;	10248

In Muskingum county, three judges, one to be elected in 1968,	10249
term to begin August 9, 1969, one to be elected in 1978, term to	10250
begin January 1, 1979, and one to be elected in 2002, term to	10251
begin January 2, 2003;	10252

In Portage county, three judges, one to be elected in 1956,	10253
term to begin January 1, 1957, the second to be elected in 1960,	10254
term to begin January 1, 1961, and the third to be elected in	10255
1986, term to begin January 2, 1987;	10256

In Ross county, two judges, one to be elected in 1956, term	10257
to begin February 9, 1957, and the second to be elected in 1976,	10258
term to begin January 1, 1977;	10259

In Scioto county, three judges, one to be elected in 1954,	10260
term to begin February 10, 1955, the second to be elected in 1960,	10261
term to begin January 1, 1961, and the third to be elected in	10262
1994, term to begin January 2, 1995;	10263

In Seneca county, two judges, one to be elected in 1956, term	10264
to begin January 1, 1957, and the second to be elected in 1986,	10265
term to begin January 2, 1987;	10266

In Warren county, four judges, one to be elected in 1954,	10267
term to begin February 9, 1955, the second to be elected in 1970,	10268
term to begin January 1, 1971, the third to be elected in 1986,	10269
term to begin January 1, 1987, and the fourth to be elected in	10270
2004, term to begin January 2, 2005;	10271

In Washington county, two judges, one to be elected in 1952,	10272
term to begin January 1, 1953, and one to be elected in 1986, term	10273
to begin January 1, 1987;	10274

In Wood county, three judges, one to be elected in 1968, term	10275
beginning January 1, 1969, the second to be elected in 1970, term	10276
to begin January 2, 1971, and the third to be elected in 1990,	10277
term to begin January 1, 1991;	10278

In Belmont and Jefferson counties, two judges, to be elected	10279
in 1954, terms to begin January 1, 1955, and February 9, 1955,	10280
respectively;	10281

In Clark county, four judges, one to be elected in 1952, term	10282
to begin January 1, 1953, the second to be elected in 1956, term	10283
to begin January 2, 1957, the third to be elected in 1986, term to	10284
begin January 3, 1987, and the fourth to be elected in 1994, term	10285
to begin January 2, 1995.	10286

In Clermont county, five judges, one to be elected in 1956,	10287
term to begin January 1, 1957, the second to be elected in 1964,	10288
term to begin January 1, 1965, the third to be elected in 1982,	10289
term to begin January 2, 1983, the fourth to be elected in 1986,	10290
term to begin January 2, 1987; and the fifth to be elected in	10291
2006, term to begin January 3, 2007;	10292

In Columbiana county, two judges, one to be elected in 1952,	10293
term to begin January 1, 1953, and the second to be elected in	10294
1956, term to begin January 1, 1957;	10295

In Delaware county, two judges, one to be elected in 1990,	10296
term to begin February 9, 1991, the second to be elected in 1994,	10297
term to begin January 1, 1995;	10298

In Lake county, six judges, one to be elected in 1958, term	10299
to begin January 1, 1959, the second to be elected in 1960, term	10300
to begin January 2, 1961, the third to be elected in 1964, term to	10301
begin January 3, 1965, the fourth and fifth to be elected in 1978,	10302
terms to begin January 4, 1979, and January 5, 1979, respectively,	10303
and the sixth to be elected in 2000, term to begin January 6,	10304
2001;	10305

In Licking county, four judges, one to be elected in 1954,	10306
term to begin February 9, 1955, one to be elected in 1964, term to	10307
begin January 1, 1965, one to be elected in 1990, term to begin	10308
January 1, 1991, and one to be elected in 2004, term to begin	10309
January 1, 2005;	10310

In Lorain county, nine judges, two to be elected in 1952,	10311
terms to begin January 1, 1953, and January 2, 1953, respectively,	10312
one to be elected in 1958, term to begin January 3, 1959, one to	10313
be elected in 1968, term to begin January 1, 1969, two to be	10314
elected in 1988, terms to begin January 4, 1989, and January 5,	10315
1989, respectively, two to be elected in 1998, terms to begin	10316
January 2, 1999, and January 3, 1999, respectively; and one to be	10317
elected in 2006, term to begin January 6, 2007;	10318

In Butler county, eleven judges, one to be elected in 1956,	10319
term to begin January 1, 1957; two to be elected in 1954, terms to	10320
begin January 1, 1955, and February 9, 1955, respectively; one to	10321
be elected in 1968, term to begin January 2, 1969; one to be	10322
elected in 1986, term to begin January 3, 1987; two to be elected	10323
in 1988, terms to begin January 1, 1989, and January 2, 1989,	10324
respectively; one to be elected in 1992, term to begin January 4,	10325
1993; two to be elected in 2002, terms to begin January 2, 2003,	10326
and January 3, 2003, respectively; and one to be elected in 2006,	10327
term to begin January 3, 2007;	10328

In Richland county, four judges, one to be elected in 1956,	10329
term to begin January 1, 1957, the second to be elected in 1960,	10330
term to begin February 9, 1961, the third to be elected in 1968,	10331
term to begin January 2, 1969, and the fourth to be elected in	10332
2004, term to begin January 3, 2005;	10333

In Tuscarawas county, two judges, one to be elected in 1956,	10334
term to begin January 1, 1957, and the second to be elected in	10335
1960, term to begin January 2, 1961;	10336

In Wayne county, two judges, one to be elected in 1956, term	10337
beginning January 1, 1957, and one to be elected in 1968, term to	10338
begin January 2, 1969;	10339

In Trumbull county, six judges, one to be elected in 1952,	10340
term to begin January 1, 1953, the second to be elected in 1954,	10341
term to begin January 1, 1955, the third to be elected in 1956,	10342
term to begin January 1, 1957, the fourth to be elected in 1964,	10343
term to begin January 1, 1965, the fifth to be elected in 1976,	10344
term to begin January 2, 1977, and the sixth to be elected in	10345
1994, term to begin January 3, 1995;	10346

(C) In Cuyahoga county, thirty-nine judges; eight to be	10347
elected in 1954, terms to begin on successive days beginning from	10348
January 1, 1955, to January 7, 1955, and February 9, 1955,	10349
respectively; eight to be elected in 1956, terms to begin on	10350
successive days beginning from January 1, 1957, to January 8,	10351
1957; three to be elected in 1952, terms to begin from January 1,	10352
1953, to January 3, 1953; two to be elected in 1960, terms to	10353
begin on January 8, 1961, and January 9, 1961, respectively; two	10354
to be elected in 1964, terms to begin January 4, 1965, and January	10355
5, 1965, respectively; one to be elected in 1966, term to begin on	10356
January 10, 1967; four to be elected in 1968, terms to begin on	10357
successive days beginning from January 9, 1969, to January 12,	10358
1969; two to be elected in 1974, terms to begin on January 18,	10359
1975, and January 19, 1975, respectively; five to be elected in	10360
1976, terms to begin on successive days beginning January 6, 1977,	10361
to January 10, 1977; two to be elected in 1982, terms to begin	10362
January 11, 1983, and January 12, 1983, respectively; and two to	10363
be elected in 1986, terms to begin January 13, 1987, and January	10364
14, 1987, respectively;	10365

In Franklin county, twenty-two judges; two to be elected in	10366
1954, terms to begin January 1, 1955, and February 9, 1955,	10367
respectively; four to be elected in 1956, terms to begin January	10368
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	10369
begin January 1, 1959, to January 4, 1959; three to be elected in	10370
1968, terms to begin January 5, 1969, to January 7, 1969; three to	10371
be elected in 1976, terms to begin on successive days beginning	10372
January 5, 1977, to January 7, 1977; one to be elected in 1982,	10373
term to begin January 8, 1983; one to be elected in 1986, term to	10374
begin January 9, 1987; two to be elected in 1990, terms to begin	10375
July 1, 1991, and July 2, 1991, respectively; one to be elected in	10376
1996, term to begin January 2, 1997; and one to be elected in	10377
2004, term to begin July 1, 2005;	10378

In Hamilton county, twenty-one judges; eight to be elected in	10379
1966, terms to begin January 1, 1967, January 2, 1967, and from	10380
February 9, 1967, to February 14, 1967, respectively; five to be	10381
elected in 1956, terms to begin from January 1, 1957, to January	10382
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	10383
one to be elected in 1974, term to begin January 15, 1975; one to	10384
be elected in 1980, term to begin January 16, 1981; two to be	10385
elected at large in the general election in 1982, terms to begin	10386
April 1, 1983; one to be elected in 1990, term to begin July 1,	10387
1991; and two to be elected in 1996, terms to begin January 3,	10388
1997, and January 4, 1997, respectively;	10389

In Lucas county, fourteen judges; two to be elected in 1954,	10390
terms to begin January 1, 1955, and February 9, 1955,	10391
respectively; two to be elected in 1956, terms to begin January 1,	10392
1957, and October 29, 1957, respectively; two to be elected in	10393
1952, terms to begin January 1, 1953, and January 2, 1953,	10394
respectively; one to be elected in 1964, term to begin January 3,	10395
1965; one to be elected in 1968, term to begin January 4, 1969;	10396
two to be elected in 1976, terms to begin January 4, 1977, and	10397
January 5, 1977, respectively; one to be elected in 1982, term to	10398
begin January 6, 1983; one to be elected in 1988, term to begin	10399
January 7, 1989; one to be elected in 1990, term to begin January	10400
2, 1991; and one to be elected in 1992, term to begin January 2,	10401
1993;	10402

In Mahoning county, seven judges; three to be elected in	10403
1954, terms to begin January 1, 1955, January 2, 1955, and	10404
February 9, 1955, respectively; one to be elected in 1956, term to	10405
begin January 1, 1957; one to be elected in 1952, term to begin	10406
January 1, 1953; one to be elected in 1968, term to begin January	10407
2, 1969; and one to be elected in 1990, term to begin July 1,	10408
1991;	10409

In Montgomery county, fifteen judges; three to be elected in	10410
1954, terms to begin January 1, 1955, January 2, 1955, and January	10411
3, 1955, respectively; four to be elected in 1952, terms to begin	10412
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	10413
respectively; one to be elected in 1964, term to begin January 3,	10414
1965; one to be elected in 1968, term to begin January 3, 1969;	10415
three to be elected in 1976, terms to begin on successive days	10416
beginning January 4, 1977, to January 6, 1977; two to be elected	10417
in 1990, terms to begin July 1, 1991, and July 2, 1991,	10418
respectively; and one to be elected in 1992, term to begin January	10419
1, 1993.	10420

In Stark county, eight judges; one to be elected in 1958,	10421
term to begin on January 2, 1959; two to be elected in 1954, terms	10422
to begin on January 1, 1955, and February 9, 1955, respectively;	10423
two to be elected in 1952, terms to begin January 1, 1953, and	10424
April 16, 1953, respectively; one to be elected in 1966, term to	10425
begin on January 4, 1967; and two to be elected in 1992, terms to	10426
begin January 1, 1993, and January 2, 1993, respectively;	10427

In Summit county, thirteen judges; four to be elected in	10428
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	10429
1955, and February 9, 1955, respectively; three to be elected in	10430
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	10431
1959, respectively; one to be elected in 1966, term to begin	10432
January 4, 1967; one to be elected in 1968, term to begin January	10433
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	10434
to be elected in 1992, term to begin January 6, 1993; and two to	10435
be elected in 2008, terms to begin January 5, 2009, and January 6,	10436
2009, respectively.	10437

Notwithstanding the foregoing provisions, in any county	10438
having two or more judges of the court of common pleas, in which	10439
more than one-third of the judges plus one were previously elected	10440
at the same election, if the office of one of those judges so	10441
elected becomes vacant more than ~~fifty-six~~forty days prior to the	10442
second general election preceding the expiration of that judge's	10443
term, the office that that judge had filled shall be abolished as	10444
of the date of the next general election, and a new office of	10445
judge of the court of common pleas shall be created. The judge who	10446
is to fill that new office shall be elected for a six-year term at	10447
the next general election, and the term of that judge shall	10448
commence on the first day of the year following that general	10449
election, on which day no other judge's term begins, so that the	10450
number of judges that the county shall elect shall not be reduced.	10451

Judges of the probate division of the court of common pleas	10452
are judges of the court of common pleas but shall be elected	10453
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	10454
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	10455
counties in which the judge of the court of common pleas elected	10456
pursuant to this section also shall serve as judge of the probate	10457
division, except in Lorain county in which the judges of the	10458
domestic relations division of the Lorain county court of common	10459
pleas elected pursuant to this section also shall perform the	10460
duties and functions of the judge of the probate division from	10461
February 9, 2009, through September 28, 2009, and except in Morrow	10462
county in which the judges of the court of common pleas elected	10463
pursuant to this section also shall perform the duties and	10464
functions of the judge of the probate division.	10465

Sec. 3501.02. General elections in the state and its	10466
political subdivisions shall be held as follows:	10467

(A) For the election of electors of president and	10468
vice-president of the United States, in the year of 1932 and every	10469
four years thereafter;	10470

(B) For the election of a member of the senate of the United	10471
States, in the years 1932 and 1934, and every six years after each	10472
of such years; except as otherwise provided for filling vacancies;	10473

(C) For the election of representatives in the congress of	10474
the United States and of elective state and county officers	10475
including elected members of the state board of education, in the	10476
even-numbered years; except as otherwise provided for filling	10477
vacancies;	10478

(D) For municipal and township officers, members of boards of	10479
education, judges and clerks of municipal courts, in the	10480
odd-numbered years;	10481

(E)(1) Proposed constitutional amendments or proposed	10482
measures submitted ~~by the general assembly or~~ by initiative or	10483
referendum petitions to the voters of the state at large may be	10484
submitted to the general election in any year occurring at least	10485
~~sixty days, in case of a referendum, and ninety~~one hundred	10486
twenty-five days~~, in the case of an initiated measure,~~ subsequent	10487
to the filing of the petitions therefor. ~~Proposed~~	10488

(2) Proposed constitutional amendments submitted by the	10489
general assembly to the voters of the state at large may be	10490
submitted at a special election or general election in any year	10491
occurring at least ninety days after the resolution is filed with	10492
the secretary of state. The proposed constitutional amendment may	10493
be submitted to the voters at a special election occurring on the	10494
day in any year specified by division (E) of section 3501.01 of	10495
the Revised Code for the holding of a primary election, ~~when~~if a	10496
special election on that date is designated by the general	10497
assembly in the resolution adopting the proposed constitutional	10498
amendment.	10499

No special election shall be held on a day other than the day	10500
of a general election, unless a law or charter provides otherwise,	10501
regarding the submission of a question or issue to the voters of a	10502
county, township, city, village, or school district.	10503

(F)(1) Notwithstanding any provision of the Revised Code to	10504
the contrary, any question or issue, except a candidacy, to be	10505
voted upon at an election shall be certified, for placement upon	10506
the ballot, to the board of elections not later than four p.m. of	10507
the ninetieth day before the day of the election.	10508

(2) Any question or issue that is certified for placement on	10509
a ballot on or after ~~the effective date of this amendment~~July 2,	10510
2010, shall be certified not later than the ninetieth day before	10511
the day of the applicable election, notwithstanding any deadlines	10512
appearing in any section of the Revised Code governing the	10513
placement of that question or issue on the ballot.	10514

Sec. 3513.31. (A) If a person nominated in a primary	10515
election as a candidate for election at the next general election,	10516
whose candidacy is to be submitted to the electors of the entire	10517
state, withdraws as that candidate or is disqualified as that	10518
candidate under section 3513.052 of the Revised Code, the vacancy	10519
in the party nomination so created may be filled by the state	10520
central committee of the major political party that made the	10521
nomination at the primary election, if the committee's chairperson	10522
and secretary certify the name of the person selected to fill the	10523
vacancy by the time specified in this division, at a meeting	10524
called for that purpose. The meeting shall be called by the	10525
chairperson of that committee, who shall give each member of the	10526
committee at least two days' notice of the time, place, and	10527
purpose of the meeting. If a majority of the members of the	10528
committee are present at the meeting, a majority of those present	10529
may select a person to fill the vacancy. The chairperson and	10530
secretary of the meeting shall certify in writing and under oath	10531
to the secretary of state, not later than the eighty-sixth day	10532
before the day of the general election, the name of the person	10533
selected to fill the vacancy. The certification must be	10534
accompanied by the written acceptance of the nomination by the	10535
person whose name is certified. A vacancy that may be filled by an	10536
intermediate or minor political party shall be filled in	10537
accordance with the party's rules by authorized officials of the	10538
party. Certification must be made as in the manner provided for a	10539
major political party.	10540

(B) If a person nominated in a primary election as a party	10541
candidate for election at the next general election, whose	10542
candidacy is to be submitted to the electors of a district	10543
comprised of more than one county but less than all of the	10544
counties of the state, withdraws as that candidate or is	10545
disqualified as that candidate under section 3513.052 of the	10546
Revised Code, the vacancy in the party nomination so created may	10547
be filled by a district committee of the major political party	10548
that made the nomination at the primary election, if the	10549
committee's chairperson and secretary certify the name of the	10550
person selected to fill the vacancy by the time specified in this	10551
division, at a meeting called for that purpose. The district	10552
committee shall consist of the chairperson and secretary of the	10553
county central committee of such political party in each county in	10554
the district. The district committee shall be called by the	10555
chairperson of the county central committee of such political	10556
party of the most populous county in the district, who shall give	10557
each member of the district committee at least two days' notice of	10558
the time, place, and purpose of the meeting. If a majority of the	10559
members of the district committee are present at the district	10560
committee meeting, a majority of those present may select a person	10561
to fill the vacancy. The chairperson and secretary of the meeting	10562
shall certify in writing and under oath to the board of elections	10563
of the most populous county in the district, not later than four	10564
p.m. of the eighty-sixth day before the day of the general	10565
election, the name of the person selected to fill the vacancy. The	10566
certification must be accompanied by the written acceptance of the	10567
nomination by the person whose name is certified. A vacancy that	10568
may be filled by an intermediate or minor political party shall be	10569
filled in accordance with the party's rules by authorized	10570
officials of the party. Certification must be made as in the	10571
manner provided for a major political party.	10572

(C) If a person nominated in a primary election as a party	10573
candidate for election at the next general election, whose	10574
candidacy is to be submitted to the electors of a county,	10575
withdraws as that candidate or is disqualified as that candidate	10576
under section 3513.052 of the Revised Code, the vacancy in the	10577
party nomination so created may be filled by the county central	10578
committee of the major political party that made the nomination at	10579
the primary election, or by the county executive committee if so	10580
authorized, if the committee's chairperson and secretary certify	10581
the name of the person selected to fill the vacancy by the time	10582
specified in this division, at a meeting called for that purpose.	10583
The meeting shall be called by the chairperson of that committee,	10584
who shall give each member of the committee at least two days'	10585
notice of the time, place, and purpose of the meeting. If a	10586
majority of the members of the committee are present at the	10587
meeting, a majority of those present may select a person to fill	10588
the vacancy. The chairperson and secretary of the meeting shall	10589
certify in writing and under oath to the board of that county, not	10590
later than four p.m. of the eighty-sixth day before the day of the	10591
general election, the name of the person selected to fill the	10592
vacancy. The certification must be accompanied by the written	10593
acceptance of the nomination by the person whose name is	10594
certified. A vacancy that may be filled by an intermediate or	10595
minor political party shall be filled in accordance with the	10596
party's rules by authorized officials of the party. Certification	10597
must be made as in the manner provided for a major political	10598
party.	10599

(D) If a person nominated in a primary election as a party	10600
candidate for election at the next general election, whose	10601
candidacy is to be submitted to the electors of a district within	10602
a county, withdraws as that candidate or is disqualified as that	10603
candidate under section 3513.052 of the Revised Code, the vacancy	10604
in the party nomination so created may be filled by a district	10605
committee consisting of those members of the county central	10606
committee or, if so authorized, those members of the county	10607
executive committee in that county of the major political party	10608
that made the nomination at the primary election who represent the	10609
precincts or the wards and townships within the district, if the	10610
committee's chairperson and secretary certify the name of the	10611
person selected to fill the vacancy by the time specified in this	10612
division, at a meeting called for that purpose. The district	10613
committee meeting shall be called by the chairperson of the county	10614
central committee or executive committee, as appropriate, who	10615
shall give each member of the district committee at least two	10616
days' notice of the time, place, and purpose of the meeting. If a	10617
majority of the members of the district committee are present at	10618
the district committee meeting, a majority of those present may	10619
select a person to fill the vacancy. The chairperson and secretary	10620
of the district committee meeting shall certify in writing and	10621
under oath to the board of the county, not later than four p.m. of	10622
the eighty-sixth day before the day of the general election, the	10623
name of the person selected to fill the vacancy. The certification	10624
must be accompanied by the written acceptance of the nomination by	10625
the person whose name is certified. A vacancy that may be filled	10626
by an intermediate or minor political party shall be filled in	10627
accordance with the party's rules by authorized officials of the	10628
party. Certification must be made as in the manner provided for a	10629
major political party.	10630

(E) If a person nominated in a primary election as a party	10631
candidate for election at the next general election, whose	10632
candidacy is to be submitted to the electors of a subdivision	10633
within a county, withdraws as that candidate or is disqualified as	10634
that candidate under section 3513.052 of the Revised Code, the	10635
vacancy in the party nomination so created may be filled by a	10636
subdivision committee consisting of those members of the county	10637
central committee or, if so authorized, those members of the	10638
county executive committee in that county of the major political	10639
party that made the nomination at that primary election who	10640
represent the precincts or the wards and townships within that	10641
subdivision, if the committee's chairperson and secretary certify	10642
the name of the person selected to fill the vacancy by the time	10643
specified in this division, at a meeting called for that purpose.	10644

The subdivision committee meeting shall be called by the	10645
chairperson of the county central committee or executive	10646
committee, as appropriate, who shall give each member of the	10647
subdivision committee at least two days' notice of the time,	10648
place, and purpose of the meeting. If a majority of the members of	10649
the subdivision committee are present at the subdivision committee	10650
meeting, a majority of those present may select a person to fill	10651
the vacancy. The chairperson and secretary of the subdivision	10652
committee meeting shall certify in writing and under oath to the	10653
board of the county, not later than four p.m. of the eighty-sixth	10654
day before the day of the general election, the name of the person	10655
selected to fill the vacancy. The certification must be	10656
accompanied by the written acceptance of the nomination by the	10657
person whose name is certified. A vacancy that may be filled by an	10658
intermediate or minor political party shall be filled in	10659
accordance with the party's rules by authorized officials of the	10660
party. Certification must be made in the manner provided for a	10661
major political party.	10662

(F) If a person nominated by petition as an independent or	10663
nonpartisan candidate for election at the next general election	10664
withdraws as that candidate or is disqualified as that candidate	10665
under section 3513.052 of the Revised Code, the vacancy so created	10666
may be filled by a majority of the committee of five, as	10667
designated on the candidate's nominating petition, if a member of	10668
that committee certifies in writing and under oath to the election	10669
officials with whom the candidate filed the candidate's nominating	10670
petition, not later than the eighty-sixth day before the day of	10671
the general election, the name of the person selected to fill the	10672
vacancy. The certification shall be accompanied by the written	10673
acceptance of the nomination by the person whose name is certified	10674
and shall be made in the manner provided for a major political	10675
party.	10676

(G) If a person nominated in a primary election as a party	10677
candidate for election at the next general election dies, the	10678
vacancy so created may be filled by the same committee in the same	10679
manner as provided in this section for the filling of similar	10680
vacancies created by withdrawals or disqualifications under	10681
section 3513.052 of the Revised Code, except that the	10682
certification, when filling a vacancy created by death, may not be	10683
filed with the secretary of state, or with a board of the most	10684
populous county of a district, or with the board of a county in	10685
which the major portion of the population of a subdivision is	10686
located, later than four p.m. of the tenth day before the day of	10687
such general election, or with any other board later than four	10688
p.m. of the fifth day before the day of such general election.	10689

(H) If a person nominated by petition as an independent or	10690
nonpartisan candidate for election at the next general election	10691
dies prior to the tenth day before the day of that general	10692
election, the vacancy so created may be filled by a majority of	10693
the committee of five designated in the nominating petition to	10694
represent the candidate named in it. To fill the vacancy a member	10695
of the committee shall, not later than four p.m. of the fifth day	10696
before the day of the general election, file with the election	10697
officials with whom the petition nominating the person was filed,	10698
a certificate signed and sworn to under oath by a majority of the	10699
members, designating the person they select to fill the vacancy.	10700
The certification must be accompanied by the written acceptance of	10701
the nomination by the person whose name is so certified.	10702

(I) If a person holding an elective office dies or resigns	10703
subsequent to the one hundred fifteenth day before the day of a	10704
primary election and prior to the eighty-sixth day before the day	10705
of the next general election, and if, under the laws of this	10706
state, a person may be elected at that general election to fill	10707
the unexpired term of the person who has died or resigned, the	10708
appropriate committee of each political party, acting as in the	10709
case of a vacancy in a party nomination, as provided in divisions	10710
(A) to (D) of this section, may select a person as the party	10711
candidate for election for such unexpired term at that general	10712
election, and certify the person's name to the appropriate	10713
election official not later than four p.m. on the eighty-sixth day	10714
before the day of that general election, or on the tenth day	10715
following the day on which the vacancy occurs, whichever is later.	10716
When the vacancy occurs on or subsequent to the eighty-sixth day	10717
and six or more days prior to the ~~fifty-sixth~~fortieth day before	10718
the general election, the appropriate committee may select a	10719
person as the party candidate and certify the person's name, as	10720
provided in the preceding sentence, not later than four p.m. on	10721
the ~~fiftieth~~tenth day following the day on which the vacancy	10722
occurs. When the vacancy occurs fewer than six days before the	10723
fortieth day before the general election, the deadline for filing	10724
shall be four p.m. on the thirty-sixth day before the general	10725
election. Thereupon the name shall be printed as the party	10726
candidate under proper titles and in the proper place on the	10727
proper ballots for use at the election. If a person has been	10728
nominated in a primary election, the authorized committee of that	10729
political party shall not select and certify a person as the party	10730
candidate.	10731

(J) Each person desiring to become an independent candidate	10732
to fill the unexpired term shall file a statement of candidacy and	10733
nominating petition, as provided in section 3513.261 of the	10734
Revised Code, with the appropriate election official not later	10735
than four p.m. on the tenth day following the day on which the	10736
vacancy occurs, provided that when the vacancy occurs fewer than	10737
six days before the fifty-sixth day before the general election,	10738
the deadline for filing shall be four p.m. on the fiftieth day	10739
before the general election. The nominating petition shall contain	10740
at least seven hundred fifty signatures and no more than one	10741
thousand five hundred signatures of qualified electors of the	10742
district, political subdivision, or portion of a political	10743
subdivision in which the office is to be voted upon, or the amount	10744
provided for in section 3513.257 of the Revised Code, whichever is	10745
less.	10746

(K) When a person nominated as a candidate by a political	10747
party in a primary election or by nominating petition for an	10748
elective office for which candidates are nominated at a party	10749
primary election withdraws, dies, or is disqualified under section	10750
3513.052 of the Revised Code prior to the general election, the	10751
appropriate committee of any other major political party or	10752
committee of five that has not nominated a candidate for that	10753
office, or whose nominee as a candidate for that office has	10754
withdrawn, died, or been disqualified without the vacancy so	10755
created having been filled, may, acting as in the case of a	10756
vacancy in a party nomination or nomination by petition as	10757
provided in divisions (A) to (F) of this section, whichever is	10758
appropriate, select a person as a candidate of that party or of	10759
that committee of five for election to the office.	10760

Section 4. That existing sections 3.02, 302.09, 305.02,	10761
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the	10762
Revised Code are hereby repealed.	10763

Section 5. Directives 2011-01 and 2009-21 issued by the	10764
secretary of state are hereafter void and shall not be enforced or	10765
have effect on or after the effective date of sections 3517.01 and	10766
3517.012 of the Revised Code, as amended by this act.	10767

Section 6. A board of elections shall rearrange and combine	10768
precincts within the applicable county as necessary to comply with	10769
the minimum precinct size requirements established in section	10770
3501.18 of the Revised Code, as amended by this act, not later	10771
than December 31, 2011.	10772

Section 7. The amendment of section 3517.01 of the Revised	10773
Code by Sections 1 and 2 of this act shall supersede the	10774
provisions of rule 111-3-05 of the Administrative Code. On and	10775
after the effective date of section 3517.01 of the Revised Code,	10776
as amended by this act, rule 111-3-05 of the Administrative Code	10777
shall be void and have no further effect.	10778