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To amend sections 3.02, 302.09, 305.02, 503.24, | 1 |
511.27, 733.31, 1545.21, 1901.10, 2101.44, | 2 |
2301.02, 3501.01, 3501.02, 3501.05, 3501.051, | 3 |
3501.10, 3501.11, 3501.13, 3501.17, 3501.18, | 4 |
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, | 5 |
3501.29, 3501.30, 3501.301, 3501.31, 3501.32, | 6 |
3501.33, 3501.35, 3501.37, 3501.38, 3503.02, | 7 |
3503.06, 3503.14, 3503.15, 3503.16, 3503.18, | 8 |
3503.19, 3503.21, 3503.26, 3503.28, 3504.02, | 9 |
3504.04, 3504.05, 3505.07, 3505.08, 3505.11, | 10 |
3505.13, 3505.16, 3505.17, 3505.18, 3505.181, | 11 |
3505.182, 3505.183, 3505.20, 3505.21, 3505.23, | 12 |
3505.24, 3505.26, 3505.28, 3505.29, 3505.30, | 13 |
3505.31, 3506.05, 3506.12, 3506.15, 3509.01, | 14 |
3509.02, 3509.03, 3509.031, 3509.04, 3509.05, | 15 |
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, | 16 |
3511.04, 3511.05, 3511.06, 3511.07, 3511.08, | 17 |
3511.09, 3511.10, 3511.11, 3511.13, 3511.14, | 18 |
3513.02, 3513.12, 3513.131, 3513.18, 3513.19, | 19 |
3513.21, 3513.262, 3513.30, 3513.31, 3515.04, | 20 |
3517.01, 3517.012, 3517.10, 3517.102, 3517.103, | 21 |
3517.106, 3517.1011, 3517.11, 3517.153, 3517.154, | 22 |
3517.155, 3517.992, 3519.01, 3519.16, 3599.03, | 23 |
3599.07, 3599.17, 3599.19, and 3599.31, to enact | 24 |
new section 3504.01 and sections 3501.111, | 25 |
3501.302, 3501.40, 3503.161, 3503.22, 3505.05, | 26 |
3506.021, and 3599.30, and to repeal sections | 27 |
3503.29, 3504.01, 3506.16, and 3517.1010 of the | 28 |
Revised Code to revise the Election Law. | 29 |
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; | 78 |
(2) The | 79 |
80 | |
ensuing primary election | 81 |
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 | 124 |
125 | |
primary election | 126 |
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 | 163 |
ballots, | 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 | 200 |
201 | |
202 | |
203 | |
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 | 211 |
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. | 219 |
220 | |
221 | |
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 | 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 | 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 | 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 | 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 | 607 |
officials and peace officers under section 3501.33 of the Revised | 608 |
Code be performed by those | 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 | 658 |
659 | |
section, the board of elections | 660 |
to vote at a branch office | 661 |
662 | |
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 |
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 | 823 |
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 | 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. | 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 | 1107 |
election officials. Except as otherwise provided in division (C) | 1108 |
of this section, all
| 1109 |
be qualified electors. The | 1110 |
shall constitute the election officers of the precinct. Not more | 1111 |
than one-half of the total number of | 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 | 1118 |
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 |
1128 | |
unexpired term. Any | 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 | 1147 |
deliver the returns of the election and all supplies to the office | 1148 |
of the board. For these services, the | 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 | 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 | 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 |
(C) Count the soiled and defaced ballots; | 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 | 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 |
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 | 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 | 1258 |
least once in every three years and shall reinstruct | 1259 |
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 | 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) | 1293 |
1294 | |
1295 | |
1296 | |
1297 |
| 1298 |
precinct election official in a county shall be paid for the | 1299 |
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 |
| 1304 |
adopted under section 111.15 of the Revised Code, the maximum | 1305 |
amount of per diem compensation that may be paid to | 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 | 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 |
| 1316 |
a | 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
| 1321 |
this section, a board of elections may increase the pay of a | 1322 |
1323 | |
but not exceeding, nine per cent over the compensation paid to a | 1324 |
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 | 1329 |
this section, a board of elections may increase the pay of a | 1330 |
1331 | |
but not exceeding, four and one-half per cent over the | 1332 |
compensation paid to a | 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
| 1341 |
their services during a calendar year that is greater than the | 1342 |
applicable percentage limitation described in division | 1343 |
1344 |
| 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 |
| 1349 |
to (6) of this section, any employee of the state or of any | 1350 |
political subdivision of the state may serve as a | 1351 |
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 | 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 | 1376 |
section, of an entity of a political subdivision described in | 1377 |
division | 1378 |
defined in section 1.60 of the Revised Code apply to serve as a | 1379 |
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 | 1384 |
the employee's regular compensation, the compensation paid to the | 1385 |
1386 | |
1387 |
(4) Division | 1388 |
either of the following: | 1389 |
(a) Election officials; | 1390 |
(b) Public school teachers. | 1391 |
(5) Nothing in division | 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 | 1397 |
section, an employee of an entity or court described in division | 1398 |
1399 | |
subdivision described in division | 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 | 1403 |
election official on the day of an election. | 1404 |
| 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 | 1408 |
a | 1409 |
under section 3501.36 of the Revised Code is in addition to the | 1410 |
compensation the | 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 | 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 | 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 | 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 | 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 | 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
| 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
| 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
| 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 |
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 |
1613 | |
If any of the other precinct election officials is absent at | 1614 |
that time, 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 | 1621 |
1622 | |
such vacancy by telephone or otherwise. The | 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 | 1629 |
manager, or in | 1630 |
voting location manager chosen by the | 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 | 1640 |
manager shall immediately notify the board of elections of the | 1641 |
closing. | 1642 |
Sec. 3501.33. All | 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
| 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
| 1698 |
officer shall strictly enforce the observance of this section. | 1699 |
Sec. 3501.37. After each election, the | 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
| 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 | 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. | 1873 |
election, or to sign
| 1874 |
any | 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 |
| 1879 |
1880 | |
1881 |
| 1882 |
1883 | |
1884 |
| 1885 |
1886 | |
1887 |
| 1888 |
1889 | |
1890 | |
1891 |
| 1892 |
1893 | |
1894 | |
1895 |
| 1896 |
1897 | |
1898 |
| 1899 |
1900 | |
1901 | |
1902 | |
1903 | |
1904 |
| 1905 |
1906 | |
1907 | |
1908 | |
1909 | |
1910 | |
1911 |
| 1912 |
1913 | |
1914 |
| 1915 |
1916 | |
1917 | |
1918 | |
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 | 1936 |
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 | 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, | 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 | 2138 |
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 | 2149 |
2150 | |
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. | 2154 |
2155 | |
2156 | |
2157 | |
2158 | |
2159 | |
2160 | |
2161 | |
2162 | |
2163 | |
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 | 2173 |
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 | 2183 |
2184 | |
2185 | |
2186 | |
2187 | |
2188 | |
person at the office of the board of elections | 2189 |
2190 | |
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 | 2200 |
2201 | |
2202 | |
2203 | |
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 | 2208 |
2209 | |
2210 | |
2211 | |
2212 | |
2213 | |
2214 |
(c) Votes a provisional ballot under section 3505.181 of the | 2215 |
Revised Code at the polling place | 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 | 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 | 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. | 2238 |
2239 | |
2240 | |
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 | 2250 |
2251 | |
2252 | |
2253 | |
2254 | |
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 | 2259 |
election, at that other location instead of the office of the | 2260 |
board of elections, | 2261 |
2262 | |
2263 | |
2264 | |
2265 | |
2266 | |
appears on the day of the election at | 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 | 2271 |
2272 | |
2273 | |
2274 | |
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 |
2279 | |
2280 | |
2281 | |
2282 | |
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 | 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 | 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. | 2306 |
2307 | |
2308 | |
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 |
| 2324 |
2325 | |
2326 | |
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 | 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 |
2361 | |
registered elector wishes to vote through | 2362 |
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. | 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 |
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 |
(c) In bold type as follows: | 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 | 2553 |
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) | 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 |
| 2614 |
elector for the purpose of voting as provided in section 5122.301 | 2615 |
of the Revised Code; | 2616 |
| 2617 |
location outside the county of registration in accordance with | 2618 |
division (B) of this section; | 2619 |
| 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) | 2654 |
2655 | |
2656 | |
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 | 2661 |
elections with a list of any voters sent by the
| 2662 |
2663 | |
twelve months. | 2664 |
2665 | |
2666 | |
the board shall send a notice to each person on the list | 2667 |
transmitted by | 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) | 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 | 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) | 2720 |
2721 | |
2722 |
| 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 | 2729 |
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) | 2739 |
2740 | |
2741 | |
2742 | |
2743 | |
2744 | |
2745 |
| 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 |
| 2756 |
2757 | |
2758 | |
2759 | |
2760 |
| 2761 |
| 2762 |
| 2763 |
| 2764 |
| 2765 |
| 2766 |
| 2767 |
| 2768 |
| 2769 |
| 2770 |
| 2771 |
| 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. | 2789 |
desires to vote in a presidential general election under this | 2790 |
chapter shall | 2791 |
for presidential and vice-presidential electors not later than | 2792 |
2793 | |
2794 | |
2795 | |
third day before the day of the election. The certificate of | 2796 |
intent shall be completed | 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 | 2805 |
are true to the best of my knowledge and belief; that I am legally | 2806 |
qualified to vote; that I am not
| 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 | 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 |
2837 | |
certificate of intent received from a former | 2838 |
the secretary of state | 2839 |
2840 | |
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 | 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.
| 2880 |
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. | 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 | 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 | 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 | 3034 |
presence of the precinct officials. The ballot | 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 |
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 | 3056 |
3057 | |
3058 | |
of elections under section 3503.19 of the Revised Code, that shows | 3059 |
the name and current address of the elector. | 3060 |
3061 | |
3062 | |
3063 | |
3064 | |
3065 | |
3066 | |
3067 | |
3068 | |
3069 | |
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, | 3073 |
3074 | |
3075 | |
3076 | |
ballot under section 3505.181 of the Revised Code | 3077 |
3078 | |
3079 |
(3) | 3080 |
3081 | |
3082 | |
3083 | |
3084 | |
3085 | |
3086 |
| 3087 |
identification required under division (A)(1) of this section | 3088 |
3089 | |
3090 | |
3091 | |
penalty of election falsification that the elector cannot provide | 3092 |
the identification required under that division | 3093 |
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 | 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 |
| 3107 |
identification required under division (A)(1) of this section and | 3108 |
3109 | |
3110 | |
3111 | |
affirmation under division (A) | 3112 |
may cast a provisional ballot under section 3505.181 of the | 3113 |
Revised Code, | 3114 |
3115 |
| 3116 |
3117 | |
3118 | |
3119 | |
3120 | |
3121 | |
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 | 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 | 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 | 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) | 3176 |
3177 | |
3178 | |
3179 |
| 3180 |
election officials any of the forms of identification required | 3181 |
under division (A)(1) of section 3505.18 of the Revised Code | 3182 |
3183 | |
3184 | |
3185 |
| 3186 |
identification required under division (A)(1) of section 3505.18 | 3187 |
of the Revised Code | 3188 |
3189 | |
3190 | |
3191 | |
3192 | |
execute an affirmation under division (A)(4) of that section; | 3193 |
| 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 | 3196 |
3197 | |
ballot for that election and who appears to vote at the polling | 3198 |
place; | 3199 |
| 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 |
| 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 |
| 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 |
| 3212 |
3213 | |
within a county, moves from one precinct to another and changes | 3214 |
the individual's name, | 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 |
| 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 |
| 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 |
| 3231 |
3232 | |
3233 | |
3234 | |
3235 | |
3236 | |
3237 |
| 3238 |
3239 | |
3240 | |
3241 | |
3242 | |
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 | 3267 |
contained in the written affirmation executed by the individual | 3268 |
under division (B)(2) of this section | 3269 |
3270 | |
appropriate local election official for verification | 3271 |
3272 |
(4) | 3273 |
3274 | |
3275 | |
3276 | |
3277 |
| 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) | 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 |
| 3302 |
3303 | |
3304 | |
3305 | |
3306 | |
3307 | |
3308 | |
3309 | |
3310 | |
3311 | |
3312 | |
3313 | |
3314 | |
3315 | |
3316 | |
3317 | |
3318 | |
3319 | |
3320 | |
3321 | |
3322 | |
3323 | |
3324 | |
3325 | |
3326 |
| 3327 |
to division (A) | 3328 |
the election official shall indicate, on the provisional ballot | 3329 |
verification statement required under section 3505.182 of the | 3330 |
Revised Code, | 3331 |
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 |
| 3337 |
3338 | |
3339 | |
3340 | |
3341 | |
3342 |
| 3343 |
3344 | |
3345 | |
3346 |
| 3347 |
3348 | |
3349 | |
3350 | |
3351 | |
3352 | |
3353 | |
3354 | |
3355 |
| 3356 |
3357 |
| 3358 |
3359 | |
3360 | |
3361 |
| 3362 |
3363 | |
3364 | |
3365 | |
3366 | |
3367 | |
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, | 3371 |
3372 | |
3373 | |
3374 | |
3375 | |
the election official shall | 3376 |
3377 | |
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) | 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. | 3387 |
3388 | |
3389 |
| 3390 |
3391 |
| 3392 |
3393 |
| 3394 |
3395 | |
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) | 3404 |
3405 |
| 3406 |
3407 | |
3408 | |
3409 | |
3410 |
| 3411 |
3412 | |
3413 | |
3414 | |
3415 |
| 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 | 3445 |
3446 |
3447 | |
3448 | |
| 3449 |
3450 | |
3451 | |
3452 | |
3453 |
| 3454 |
3455 | |
3456 | |
3457 | |
3458 | |
3459 | |
3460 | |
3461 |
| 3462 |
3463 | |
3464 |
3465 | |||
3466 | |||
3467 | |||
3468 |
3469 | |||
3470 | |||
3471 |
| 3472 |
3473 |
3474 | |
3475 | |
3476 | ||||
3477 | ||||
3478 | ||||
3479 | ||||
3480 | ||||
3481 | ||||
3482 | ||||
3483 |
3484 | |
3485 | |
| 3486 |
3487 | |
3488 |
| 3489 |
3490 | |
3491 |
| 3492 |
3493 |
| 3494 |
3495 |
| 3496 |
3497 | |
3498 |
| 3499 |
3500 |
| 3501 |
3502 | |
3503 | |
3504 | |
3505 |
| 3506 |
3507 | |
3508 | |
3509 | |
3510 | |
3511 | |
3512 | |
3513 |
| 3514 |
3515 |
| 3516 |
3517 | |
3518 | |
3519 | |
3520 | |
3521 | |
3522 | |
3523 | |
3524 | |
3525 | |
3526 |
| 3527 |
3528 | |
3529 | |
3530 | |
3531 | |
3532 | |
3533 | |
3534 | |
3535 | |
3536 | |
3537 | |
3538 | |
3539 | |
3540 | |
3541 |
| 3542 |
3543 | |
3544 | |
3545 | |
3546 | |
3547 |
| 3548 |
3549 | |
3550 | |
3551 | |
3552 | |
3553 |
| 3554 |
3555 | |
3556 | |
3557 | |
3558 | |
3559 | |
3560 | |
3561 | |
3562 | |
3563 |
3564 | |||
3565 |
| 3566 |
3567 | |
3568 | |
3569 | |
3570 | |
3571 |
| 3572 |
3573 | |
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. | 3583 |
3584 | |
3585 | |
3586 | |
3587 | |
3588 | |
3589 |
(B)(1) To determine whether a provisional ballot is valid and | 3590 |
entitled to be counted, the board shall examine | 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. | 3599 |
3600 | |
3601 | |
3602 | |
3603 | |
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 | 3607 |
(b) The individual's signature; | 3608 |
| 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 |
| 3618 |
the election in which the provisional ballot is being voted. | 3619 |
(2) | 3620 |
3621 | |
3622 | |
3623 | |
3624 | |
3625 | |
3626 | |
3627 | |
3628 | |
3629 | |
3630 |
| 3631 |
3632 | |
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) | 3645 |
3646 | |
3647 |
| 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 |
| 3652 |
3653 | |
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) | 3668 |
3669 | |
3670 | |
3671 |
| 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 |
| 3676 |
3677 | |
3678 | |
3679 | |
3680 | |
3681 | |
3682 | |
3683 | |
3684 | |
3685 | |
3686 |
(b) If, in examining a provisional ballot affirmation | 3687 |
3688 | |
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) | 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) | 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) | 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 | 3726 |
3727 | |
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 | 3731 |
3732 | |
an election official has indicated under division (B) | 3733 |
section 3505.181 of the Revised Code that | 3734 |
3735 | |
3736 | |
3737 | |
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 | 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 | 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 | 3751 |
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 | 3758 |
officials shall put the following | 3759 |
| 3760 |
| 3761 |
| 3762 |
| 3763 |
3764 |
| 3765 |
3766 | |
3767 | |
3768 | |
3769 | |
3770 | |
3771 | |
3772 | |
3773 | |
3774 | |
3775 | |
3776 | |
3777 | |
3778 | |
3779 | |
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 | 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 | 3796 |
verify the person's eligibility to cast a ballot in the election, | 3797 |
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 | 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 | 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 | 3824 |
officials are unable to verify the person's eligibility to cast a | 3825 |
ballot in the election, the | 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 | 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 | 3839 |
verify the person's age and eligibility to cast a ballot in the | 3840 |
election, the | 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 |
| 3847 |
3848 | |
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 | 3854 |
election officials believes the person is not entitled to vote, | 3855 |
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. | 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 | 3922 |
location manager of the precinct at the meeting on the evening | 3923 |
prior to the election, or with the | 3924 |
manager of the precinct on the day of the election. | 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 | 3933 |
of the ballots and shall be permitted to watch every proceeding of | 3934 |
the | 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 |
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 | 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 | 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 | 3977 |
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 | 3984 |
election officials shall appoint such observers. If such | 3985 |
committees fail to agree, the | 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 | 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 | 3999 |
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 | 4061 |
of the ballot | 4062 |
A from each ballot, and announce the number on the stubs. The | 4063 |
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 | 4067 |
election official in charge of the ballot | 4068 |
presence of the voter, deposit each such ballot in the | 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 | 4073 |
official in charge of the ballot | 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 |
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. | 4110 |
Revised Code to the contrary, any elector who declares to the | 4111 |
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 | 4123 |
declaration of inability to be made by the elector under oath | 4124 |
before the | 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 |
4130 | |
announce that the polls are closed. | 4131 |
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 |
(C) Count the soiled and defaced ballots; | 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 | 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 |
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. | 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 | 4183 |
to the headquarters of the board of elections, the | 4184 |
election officials in each precinct shall not separate, nor shall | 4185 |
a | 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 | 4192 |
duplicate, on forms provided by the board of elections. One copy | 4193 |
shall be certified by the | 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.
| 4205 |
4206 | |
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
| 4224 |
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 | 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 | 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 |
| 4311 |
device, automatic tabulating equipment, | 4312 |
electronic pollbook. | 4313 |
| 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, | 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, | 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 | 4393 |
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 | 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 | 4420 |
4421 | |
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 |
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, | 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 | 4563 |
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 |
| 4611 |
4612 | |
4613 | |
4614 |
| 4615 |
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.
| 4630 |
4631 | |
4632 | |
4633 | |
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 |
| 4640 |
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. | 4655 |
4656 | |
4657 | |
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 | 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
| 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 |
| 4716 |
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
| 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 | 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 |
(C) The address at which the elector is registered to vote; | 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 | 4752 |
4753 | |
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 | 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 | 4787 |
the elector's voting residence is located. The elector may | 4788 |
personally deliver the application to the | 4789 |
board or may mail it, send it by facsimile machine, or otherwise | 4790 |
send it to the | 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 | 4804 |
4805 | |
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 | 4832 |
application shall be prescribed by the secretary of state. The | 4833 |
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 | 4854 |
4855 | |
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 | 4874 |
before the day of the election for which ballots are requested or | 4875 |
if delivered to 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
| 4880 |
by a militia member making application in the militia member's own | 4881 |
behalf, the
| 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 | 4894 |
receives an application for absent voter's ballots that does not | 4895 |
contain all of the required information, the | 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 | 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 |
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 | 4908 |
unsealed identification envelope upon the face of which shall be | 4909 |
printed a form substantially as follows: | 4910 |
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 |
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 | 4941 |
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 | 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 | 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 | 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 | 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 | 4982 |
4983 | |
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 |
4988 | |
return envelope, postage prepaid, or the elector may personally | 4989 |
deliver it to the | 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 | 4995 |
shall be transmitted to the | 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 | 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 | 5008 |
polls on the day of an election. Absent voter's ballots delivered | 5009 |
to the
| 5010 |
counted, but shall be kept by the board in the sealed | 5011 |
identification envelopes in which they are delivered to the | 5012 |
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 | 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 | 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 | 5051 |
board shall deliver to the | 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 | 5056 |
5057 | |
received by the | 5058 |
polls on election day. The
| 5059 |
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 | 5066 |
purpose having the same authority as is exercised by precinct | 5067 |
5068 | |
vote totals | 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 | 5075 |
voting location manager of the precinct or the special | 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 | 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 | 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 | 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 |
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 | 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 | 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 | 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 | 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 | 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 |
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 | 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 | 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 | 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 | 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 |
5323 | |
otherwise send it to the | 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 | 5338 |
5339 | |
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 | 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
| 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 | 5409 |
5410 | |
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 | 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 | 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 | 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 | 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, | 5454 |
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 | 5458 |
valid applications prior to that time. Thereafter, and until | 5459 |
twelve noon of the third day preceding the day of election, the | 5460 |
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 | 5471 |
each such separate ballot to each person to whom the | 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 | 5476 |
available, but the | 5477 |
mail. | 5478 |
Sec. 3511.05. (A) The | 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 | 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 |
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 |
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 | 5518 |
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 | 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 | 5531 |
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 | 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 | 5550 |
to | 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 | 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 | 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 | 5584 |
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 | 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 | 5601 |
enclosing them in the envelope for mailing to the | 5602 |
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 | 5606 |
keep a record of the name and address of each person to whom the | 5607 |
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 | 5611 |
or delivered such ballots, the | 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 | 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 | 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 | 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 | 5647 |
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 |
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, | 5659 |
time that absent voter's ballots may be cast in person before | 5660 |
5661 | |
a valid application for uniformed services or overseas absent | 5662 |
voter's ballots is delivered to | 5663 |
board of elections | 5664 |
the application on the person's own behalf, the | 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 | 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 | 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, | 5697 |
shall open it but shall not open the identification envelope | 5698 |
contained in it. If, upon so opening the return envelope, the | 5699 |
5700 | |
properly sealed in the identification envelope, the | 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 | 5704 |
that ballots are enclosed in the identification envelope but that | 5705 |
it is not properly sealed, the | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 5851 |
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 |
5856 | |
appear on the ballot for
| 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 | 5865 |
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, | 5885 |
5886 | |
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 |
5931 | |
5932 | |
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 | 5964 |
self for the office | 5965 |
shall have first choice of the name by which | 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 |
5979 | |
address listed in
| 5980 |
candidacy. | 5981 |
Sec. 3513.18. Party primaries shall be held at the same | 5982 |
place and time, but there shall be separate pollbooks | 5983 |
sheets | 5984 |
party participating in the election | 5985 |
5986 | |
5987 | |
5988 | |
5989 | |
5990 | |
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 | 5999 |
precinct election official, whenever any | 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 | 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 | 6044 |
election officials. If three of the | 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 | 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, | 6060 |
secretary of state shall, not later than the fifteenth day of June | 6061 |
following the filing of such petition, | 6062 |
6063 | |
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, | 6070 |
6071 | |
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 | 6079 |
6080 | |
6081 | |
6082 | |
later than the next fifteenth day of July, | 6083 |
6084 | |
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 | 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 | 6101 |
p.m. of the thirtieth day of July | 6102 |
6103 | |
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 |
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 |
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 | 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 | 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.
| 6227 |
6228 | |
6229 | |
6230 | |
6231 | |
6232 | |
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 |
| 6269 |
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 | 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 |
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 | 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. | 6670 |
6671 | |
6672 | |
6673 | |
6674 | |
6675 | |
6676 | |
6677 | |
6678 | |
6679 | |
6680 | |
6681 | |
6682 | |
6683 | |
6684 | |
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 |
(c) The object or purpose for which the expenditure was made; | 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 | 7295 |
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) | 7756 |
| 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 |
| 7762 |
campaign committee of a candidate by the candidate | 7763 |
7764 | |
7765 | |
7766 | |
7767 |
| 7768 |
of a statewide candidate, senate candidate, or house candidate | 7769 |
shall be considered "personal funds" subject to the provisions of | 7770 |
this section | 7771 |
extent that the loan is obtained or guaranteed by the candidate | 7772 |
7773 | |
7774 | |
7775 | |
7776 | |
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 | 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 | 7783 |
7784 | |
7785 | |
7786 |
| 7787 |
committee or by a candidate on behalf of the candidate's committee | 7788 |
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 |
| 7793 |
7794 | |
7795 | |
7796 | |
7797 | |
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 |
| 7816 |
7817 | |
7818 | |
7819 | |
7820 | |
7821 | |
7822 | |
7823 | |
7824 | |
7825 | |
7826 |
| 7827 |
7828 | |
7829 | |
7830 | |
7831 | |
7832 | |
7833 | |
7834 | |
7835 |
| 7836 |
7837 | |
7838 | |
7839 | |
7840 | |
7841 |
| 7842 |
7843 | |
7844 | |
7845 | |
7846 | |
7847 |
| 7848 |
7849 | |
7850 | |
7851 | |
7852 | |
7853 |
| 7854 |
7855 | |
7856 | |
7857 | |
7858 | |
7859 | |
7860 | |
7861 | |
7862 |
| 7863 |
7864 | |
7865 | |
7866 | |
7867 | |
7868 | |
7869 | |
7870 |
| 7871 |
7872 | |
7873 | |
7874 | |
7875 | |
7876 | |
7877 | |
7878 | |
7879 | |
7880 | |
7881 |
| 7882 |
7883 | |
7884 | |
7885 |
| 7886 |
7887 | |
7888 | |
7889 |
| 7890 |
7891 | |
7892 | |
7893 | |
7894 | |
7895 |
| 7896 |
7897 | |
7898 | |
7899 | |
7900 | |
7901 | |
7902 | |
7903 | |
7904 |
| 7905 |
7906 | |
7907 | |
7908 | |
7909 | |
7910 | |
7911 |
| 7912 |
7913 | |
7914 | |
7915 | |
7916 | |
7917 | |
7918 | |
7919 | |
7920 | |
7921 | |
7922 | |
7923 | |
7924 | |
7925 | |
7926 | |
7927 | |
7928 |
| 7929 |
7930 | |
7931 |
| 7932 |
7933 | |
7934 |
| 7935 |
7936 |
| 7937 |
7938 | |
7939 | |
7940 |
| 7941 |
7942 | |
7943 | |
7944 |
| 7945 |
7946 | |
7947 | |
7948 |
| 7949 |
7950 | |
7951 | |
7952 | |
7953 | |
7954 | |
7955 | |
7956 | |
7957 | |
7958 |
| 7959 |
7960 |
| 7961 |
7962 | |
7963 | |
7964 |
| 7965 |
7966 | |
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 |
(c) Legislative campaign funds; | 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 | 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 |
(c) A description of the contribution, if other than money; | 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 |
| 8751 |
8752 | |
8753 | |
8754 | |
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 | 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, | 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, | 9035 |
9036 | |
9037 | |
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 | 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 | 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 |
(c) Refer the matter to the appropriate prosecutor | 9178 |
| 9179 |
9180 | |
9181 | |
9182 | |
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 | 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 | 9438 |
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 | 9445 |
9446 | |
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 | 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) | 9477 |
9478 | |
9479 | |
9480 | |
9481 |
| 9482 |
9483 | |
9484 | |
9485 | |
9486 | |
9487 | |
9488 |
| 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 |
| 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. | 9572 |
9573 | |
9574 | |
9575 | |
9576 | |
9577 | |
9578 | |
9579 | |
9580 | |
9581 | |
9582 | |
9583 | |
9584 | |
9585 | |
9586 | |
9587 | |
9588 | |
9589 | |
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 |
9625 | |
9626 | |
9627 | |
9628 | |
by certified mail, | 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 | 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) | 9660 |
9661 | |
9662 | |
9663 | |
9664 | |
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, | 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, | 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 | 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
| 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 | 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 |
9781 | |
oath required by law; | 9782 |
(5) Fail to send notice to the board of the appointment of a | 9783 |
9784 |
(6) Act as registrar or | 9785 |
without having been appointed and having received a certificate of | 9786 |
appointment, except a | 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 | 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 | 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 | 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 | 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 |
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 | 9848 |
and aid in enforcing a lawful order of the | 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 | 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 | 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 | 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 |
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 | 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 | 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 | 10095 |
before the general election, the deadline for filing shall be four | 10096 |
p.m. on 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 | 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 | 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 |
10486 | |
twenty-five days | 10487 |
to the filing of the petitions therefor.
| 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, | 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 | 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 | 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 | 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 |