Sub. H. B. No. 194 As Reported by the Senate Government Oversight and Reform Committee

As Reported by the Senate Government Oversight and Reform Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 194

Representatives Mecklenborg, Blessing

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

A BILL

To amend sections 3.02, 7.101, 302.09, 305.02,

503.24, 511.27, 733.31, 1545.21, 1901.10, 2101.44,

2301.02, 3501.01, 3501.02, 3501.05, 3501.051,

3501.053, 3501.10, 3501.11, 3501.13, 3501.14,

3501.17, 3501.18, 3501.20, 3501.22, 3501.26,

3501.27, 3501.28, 3501.29, 3501.30, 3501.301,

3501.31, 3501.32, 3501.33, 3501.35, 3501.37,

3501.38, 3503.02, 3503.06, 3503.14, 3503.15,

3503.16, 3503.18, 3503.19, 3503.21, 3503.24,

3503.26, 3503.28, 3504.02, 3504.04, 3504.05,

3505.07, 3505.08, 3505.11, 3505.13, 3505.16,

3505.17, 3505.18, 3505.181, 3505.182, 3505.183,

3505.20, 3505.21, 3505.23, 3505.24, 3505.26,

3505.28, 3505.29, 3505.30, 3505.31, 3506.05,

3506.12, 3506.15, 3509.01, 3509.02, 3509.03,

3509.031, 3509.04, 3509.05, 3509.06, 3509.07,

3509.08, 3509.09, 3511.02, 3511.04, 3511.05,

3511.06, 3511.07, 3511.08, 3511.09, 3511.10,

3511.11, 3511.13, 3511.14, 3513.02, 3513.05,

3513.12, 3513.131, 3513.18, 3513.19, 3513.21,

3513.262, 3513.30, 3513.31, 3515.04, 3517.01,

3517.012, 3517.014, 3517.015, 3517.10, 3517.102,

3517.103, 3517.106, 3717.107, 3517.1011, 3517.11,

3517.153, 3517.154, 3517.155, 3517.992, 3519.01,

3519.16, 3599.03, 3599.07, 3599.17, 3599.19, and

3599.31, to enact new section 3504.01 and sections

3501.111, 3501.302, 3501.40, 3501.50, 3503.05,

3503.20, 3503.22, 3505.05, 3506.021, 3509.051,

3517.211, and 3599.30, and to repeal sections

3503.29, 3504.01, 3506.16, 3517.016, and 3517.1010

of the Revised Code to revise the Election Law.

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

Section 1. That sections 7.101, 511.27, 1545.21, 2101.44,	32
3501.01, 3501.05, 3501.051, 3501.053, 3501.10, 3501.11, 3501.13,	33
3501.14, 3501.17, 3501.18, 3501.20, 3501.22, 3501.26, 3501.27,	34
3501.28, 3501.29, 3501.30, 3501.301, 3501.31, 3501.32, 3501.33,	35
3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.14, 3503.15,	36
3503.16, 3503.18, 3503.19, 3503.21, 3503.24, 3503.26, 3503.28,	37
3504.02, 3504.04, 3504.05, 3505.07, 3505.08, 3505.11, 3505.13,	38
3505.16, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20,	39
3505.21, 3505.23, 3505.24, 3505.26, 3505.28, 3505.29, 3505.30,	40
3505.31, 3506.05, 3506.12, 3506.15, 3509.01, 3509.02, 3509.03,	41
3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09,	42
3511.02, 3511.04, 3511.05, 3511.06, 3511.07, 3511.08, 3511.09,	43
3511.10, 3511.11, 3511.13, 3511.14, 3513.02, 3513.05, 3513.12,	44
3513.131, 3513.18, 3513.19, 3513.21, 3513.262, 3513.30, 3515.04,	45
3517.01, 3517.012, 3517.014, 3517.015, 3517.10, 3517.102,	46
3517.103, 3517.106, 3517.107, 3517.1011, 3517.11, 3517.153,	47
3517.154, 3517.155, 3517.992, 3519.01, 3519.16, 3599.03, 3599.07,	48
3599.17, 3599.19, and 3599.31 be amended and new section 3504.01	49
and sections 3501.111, 3501.302, 3501.40, 3501.50, 3503.05,	50
3503.20, 3503.22, 3505.05, 3506.021, 3509.051, 3517.211, and	51
3599.30 of the Revised Code be enacted to read as follows:	52

Sec. 7.101. For publication of proposed amendments to the	53
Ohio ~~constitution~~Constitution, ballot language, and explanations	54
and arguments both for and against proposed amendments, referenda,	55
or laws proposed by initiative petitions, publishers of newspapers	56
may charge and receive rates charged on annual contracts by them	57
for a like amount of space to other advertisers who advertise in	58
its general display advertising columns.	59

Legal advertising of proposed amendments to the constitution	60
shall be printed in display form and shall meet the following	61
specifications. The advertisements shall contain a headline	62
entitled "proposed amendment to the Ohio ~~constitution~~	63
Constitution" printed in not smaller than thirty-point type. The	64
ballot language, and explanations and arguments both for and	65
against the proposed amendments, shall be printed in type not	66
smaller than ~~ten point~~eight-point type. For referenda and laws	67
proposed by initiative petitions, the advertisement shall contain	68
a headline entitled "referendum" or, when appropriate, "proposed	69
law" printed in not smaller than thirty-point type. All	70
advertisements shall contain such normal spaces and blanks as	71
contribute to clarity and understanding and the entire section of	72
each publication shall be enclosed by a black border line of the	73
same point type size as corresponds to the type size of the ballot	74
language. The notice shall be printed in two or more columns if	75
necessary to contribute to clarity or understanding or if	76
necessary to accommodate the black border outline.	77

All legal advertisements or notices under this section shall	78
be printed in newspapers published in the English language only.	79

Sec. 511.27. (A) To defray the expenses of the township park	80
district and for purchasing, appropriating, operating,	81
maintaining, and improving lands for parks or recreational	82
purposes, the board of park commissioners may levy a sufficient	83
tax within the ten-mill limitation, not to exceed one mill on each	84
dollar of valuation on all real and personal property within the	85
township, and on all real and personal property within any	86
municipal corporation that is within the township, that was within	87
the township at the time that the park district was established,	88
or the boundaries of which are coterminous with or include the	89
township. The levy shall be over and above all other taxes and	90
limitations on such property authorized by law.	91

(B) Except as otherwise provided in division (C) of this	92
section, the board of park commissioners, not less than ninety	93
days before the day of the election, may declare by resolution	94
that the amount of taxes that may be raised within the ten-mill	95
limitation will be insufficient to provide an adequate amount for	96
the necessary requirements of the district and that it is	97
necessary to levy a tax in excess of that limitation for the use	98
of the district. The resolution shall specify the purpose for	99
which the taxes shall be used, the annual rate proposed, and the	100
number of consecutive years the levy will be in effect. Upon the	101
adoption of the resolution, the question of levying the taxes	102
shall be submitted to the electors of the township and the	103
electors of any municipal corporation that is within the township,	104
that was within the township at the time that the park district	105
was established, or the boundaries of which are coterminous with	106
or include the township, at a special election to be held on	107
whichever of the following occurs first:	108

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

109

(2) The ~~first Tuesday after the first Monday in May of any~~	110
~~calendar year, except that, if a presidential~~day of the next	111
ensuing primary election ~~is held in that calendar year, then the~~	112
~~day of that election~~.	113

The rate submitted to the electors at any one election shall	114
not exceed two mills annually upon each dollar of valuation. If a	115
majority of the electors voting upon the question of the levy vote	116
in favor of the levy, the tax shall be levied on all real and	117
personal property within the township and on all real and personal	118
property within any municipal corporation that is within the	119
township, that was within the township at the time that the park	120
district was established, or the boundaries of which are	121
coterminous with or include the township, and the levy shall be	122
over and above all other taxes and limitations on such property	123
authorized by law.	124

(C) In any township park district that contains only	125
unincorporated territory, if the township board of park	126
commissioners is appointed by the board of township trustees,	127
before a tax can be levied and certified to the county auditor	128
pursuant to section 5705.34 of the Revised Code or before a	129
resolution for a tax levy can be certified to the board of	130
elections pursuant to section 511.28 of the Revised Code, the	131
board of park commissioners shall receive approval for its levy	132
request from the board of township trustees. The board of park	133
commissioners shall adopt a resolution requesting the board of	134
township trustees to approve the levy request, stating the annual	135
rate of the proposed levy and the reason for the levy request. On	136
receiving this request, the board of township trustees shall vote	137
on whether to approve the request and, if a majority votes to	138
approve it, shall issue a resolution approving the levy at the	139
requested rate.	140

Sec. 1545.21. The board of park commissioners, by	141
resolution, may submit to the electors of the park district the	142
question of levying taxes for the use of the district. The	143
resolution shall declare the necessity of levying such taxes,	144
shall specify the purpose for which such taxes shall be used, the	145
annual rate proposed, and the number of consecutive years the rate	146
shall be levied. Such resolution shall be forthwith certified to	147
the board of elections in each county in which any part of such	148
district is located, not later than the ninetieth day before the	149
day of the election, and the question of the levy of taxes as	150
provided in such resolution shall be submitted to the electors of	151
the district at a special election to be held on whichever of the	152
following occurs first:	153

(A) The day of the next general election;

154

(B) The ~~first Tuesday after the first Monday in May in any~~	155
~~calendar year, except that if a presidential~~day of the next	156
primary election ~~is held in that calendar year, then the day of~~	157
~~that election~~. ~~The~~	158

The ballot shall set forth the purpose for which the taxes	159
shall be levied, the annual rate of levy, and the number of years	160
of such levy. If the tax is to be placed on the current tax list,	161
the form of the ballot shall state that the tax will be levied in	162
the current tax year and shall indicate the first calendar year	163
the tax will be due. If the resolution of the board of park	164
commissioners provides that an existing levy will be canceled upon	165
the passage of the new levy, the ballot may include a statement	166
that: "an existing levy of ... mills (stating the original levy	167
millage), having ... years remaining, will be canceled and	168
replaced upon the passage of this levy." In such case, the ballot	169
may refer to the new levy as a "replacement levy" if the new	170
millage does not exceed the original millage of the levy being	171
canceled or as a "replacement and additional levy" if the new	172
millage exceeds the original millage of the levy being canceled.	173
If a majority of the electors voting upon the question of such	174
levy vote in favor thereof, such taxes shall be levied and shall	175
be in addition to the taxes authorized by section 1545.20 of the	176
Revised Code, and all other taxes authorized by law. The rate	177
submitted to the electors at any one time shall not exceed two	178
mills annually upon each dollar of valuation. When a tax levy has	179
been authorized as provided in this section or in section 1545.041	180
of the Revised Code, the board of park commissioners may issue	181
bonds pursuant to section 133.24 of the Revised Code in	182
anticipation of the collection of such levy, provided that such	183
bonds shall be issued only for the purpose of acquiring and	184
improving lands. Such levy, when collected, shall be applied in	185
payment of the bonds so issued and the interest thereon. The	186
amount of bonds so issued and outstanding at any time shall not	187
exceed one per cent of the total tax valuation in such district.	188
Such bonds shall bear interest at a rate not to exceed the rate	189
determined as provided in section 9.95 of the Revised Code.	190

Sec. 2101.44. The election upon the question of combining	191
the probate court and the court of common pleas shall be conducted	192
as provided for the election of county officers.	193

The board of ~~election~~elections shall provide separate	194
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	195
such other supplies as may be necessary in the conduct of such	196
election.	197

Ballots shall be printed with an affirmative and negative	198
statement thereon, as follows:	199

200

		The probate court and the court of common pleas shall be combined.			201
		The probate court and the court of common pleas shall not be combined.			202

203

Returns of said election shall be made and canvassed at the	204
same time and in the same manner as an election for county	205
officers. The board shall certify the result of said election to	206
the secretary of state, to the probate judge of said county, and	207
to the judge of the court of common pleas, and such result shall	208
be spread upon the journal of the probate court and of the court	209
of common pleas.	210

If a majority of the votes cast at such an election are in	211
favor of combining said courts, such courts shall stand combined	212
upon determination of the fact that a majority of the persons	213
voting upon the question of the combination of such courts voted	214
in favor of such combination.	215

Sec. 3501.01. As used in the sections of the Revised Code	216
relating to elections and political communications:	217

(A) "General election" means the election held on the first	218
Tuesday after the first Monday in each November.	219

(B) "Regular municipal election" means the election held on	220
the first Tuesday after the first Monday in November in each	221
odd-numbered year.	222

(C) "Regular state election" means the election held on the	223
first Tuesday after the first Monday in November in each	224
even-numbered year.	225

(D) "Special election" means any election other than those	226
elections defined in other divisions of this section. A special	227
election may be held only on the first Tuesday after the first	228
Monday in February, May, August, or November, or on the day	229
authorized by a particular municipal or county charter for the	230
holding of a primary election~~, except that in any year in which a~~	231
~~presidential primary election is held, no special election shall~~	232
~~be held in February or May, except as authorized by a municipal or~~	233
~~county charter, but may be held on the first Tuesday after the~~	234
~~first Monday in March~~.	235

(E)(1) "Primary" or "primary election" means an election held	236
for the purpose of nominating persons as candidates of political	237
parties for election to offices, and for the purpose of electing	238
persons as members of the controlling committees of political	239
parties and as delegates and alternates to the conventions of	240
political parties. Primary elections shall be held on the first	241
Tuesday after the first Monday in May of each year ~~except in years~~	242
~~in which a presidential primary election is held~~.	243

(2) "Presidential primary election" means a primary election	244
as defined by division (E)(1) of this section at which an election	245
is held for the purpose of choosing delegates and alternates to	246
the national conventions of the major political parties pursuant	247
to section 3513.12 of the Revised Code. Unless otherwise	248
specified, presidential primary elections are included in	249
references to primary elections. ~~In years in which a presidential~~	250
~~primary election is held, all primary elections shall be held on~~	251
~~the first Tuesday after the first Monday in March except as~~	252
~~otherwise authorized by a municipal or county charter.~~	253

(F) "Political party" means any group of voters meeting the	254
requirements set forth in section 3517.01 of the Revised Code for	255
the formation and existence of a political party.	256

(1) "Major political party" means any political party	257
organized under the laws of this state whose candidate for	258
governor or nominees for presidential electors received no less	259
than twenty per cent of the total vote cast for such office at the	260
most recent regular state election.	261

(2) "Intermediate political party" means any political party	262
organized under the laws of this state whose candidate for	263
governor or nominees for presidential electors received less than	264
twenty per cent but not less than ten per cent of the total vote	265
cast for such office at the most recent regular state election.	266

(3) "Minor political party" means any political party	267
organized under the laws of this state whose candidate for	268
governor or nominees for presidential electors received less than	269
ten per cent but not less than five per cent of the total vote	270
cast for such office at the most recent regular state election or	271
which has filed with the secretary of state, subsequent to any	272
election in which it received less than five per cent of such	273
vote, a petition signed by qualified electors equal in number to	274
at least one per cent of the total vote cast for such office in	275
the last preceding regular state election, except that a newly	276
formed political party shall be known as a minor political party	277
until the time of the first election for governor or president	278
which occurs not less than twelve months subsequent to the	279
formation of such party, after which election the status of such	280
party shall be determined by the vote for the office of governor	281
or president.	282

(G) "Dominant party in a precinct" or "dominant political	283
party in a precinct" means that political party whose candidate	284
for election to the office of governor at the most recent regular	285
state election at which a governor was elected received more votes	286
than any other person received for election to that office in such	287
precinct at such election.	288

(H) "Candidate" means any qualified person certified in	289
accordance with the provisions of the Revised Code for placement	290
on the official ballot of a primary, general, or special election	291
to be held in this state, or any qualified person who claims to be	292
a write-in candidate, or who knowingly assents to being	293
represented as a write-in candidate by another at either a	294
primary, general, or special election to be held in this state.	295

(I) "Independent candidate" means any candidate who claims	296
not to be affiliated with a political party, and whose name has	297
been certified on the office-type ballot at a general or special	298
election through the filing of a statement of candidacy and	299
nominating petition, as prescribed in section 3513.257 of the	300
Revised Code.	301

(J) "Nonpartisan candidate" means any candidate whose name is	302
required, pursuant to section 3505.04 of the Revised Code, to be	303
listed on the nonpartisan ballot, including all candidates for	304
judicial office, for member of any board of education, for	305
municipal or township offices in which primary elections are not	306
held for nominating candidates by political parties, and for	307
offices of municipal corporations having charters that provide for	308
separate ballots for elections for these offices.	309

(K) "Party candidate" means any candidate who claims to be a	310
member of a political party, whose name has been certified on the	311
office-type ballot at a general or special election through the	312
filing of a declaration of candidacy and petition of candidate,	313
and who has won the primary election of the candidate's party for	314
the public office the candidate seeks or is selected by party	315
committee in accordance with section 3513.31 of the Revised Code.	316

(L) "Officer of a political party" includes, but is not	317
limited to, any member, elected or appointed, of a controlling	318
committee, whether representing the territory of the state, a	319
district therein, a county, township, a city, a ward, a precinct,	320
or other territory, of a major, intermediate, or minor political	321
party.	322

(M) "Question or issue" means any question or issue certified	323
in accordance with the Revised Code for placement on an official	324
ballot at a general or special election to be held in this state.	325

(N) "Elector" or "qualified elector" means a person having	326
the qualifications provided by law to be entitled to vote.	327

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

328

(P) "Voting residence" means that place of residence of an	329
elector which shall determine the precinct in which the elector	330
may vote.	331

(Q) "Precinct" means a district within a county established	332
by the board of elections of such county within which all	333
qualified electors having a voting residence therein may vote at	334
the same polling place.	335

(R) "Polling place" means that place provided for each	336
precinct at which the electors having a voting residence in such	337
precinct may vote.	338

(S) "Board" or "board of elections" means the board of	339
elections appointed in a county pursuant to section 3501.06 of the	340
Revised Code.	341

(T) "Political subdivision" means a county, township, city,	342
village, or school district.	343

(U) "Election officer" or "election official" means any of	344
the following:	345

(1) Secretary of state;

346

(2) Employees of the secretary of state serving the division	347
of elections in the capacity of attorney, administrative officer,	348
administrative assistant, elections administrator, office manager,	349
or clerical supervisor;	350

(3) Director of a board of elections;

351

(4) Deputy director of a board of elections;

352

(5) Member of a board of elections;

353

(6) Employees of a board of elections;

354

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

355

(8) Employees appointed by the boards of elections on a	356
temporary or part-time basis.	357

(V) "Acknowledgment notice" means a notice sent by a board of	358
elections, on a form prescribed by the secretary of state,	359
informing a voter registration applicant or an applicant who	360
wishes to change the applicant's residence or name of the status	361
of the application; the information necessary to complete or	362
update the application, if any; and if the application is	363
complete, the precinct in which the applicant is to vote.	364

(W) "Confirmation notice" means a notice sent by a board of	365
elections, on a form prescribed by the secretary of state, to a	366
registered elector to confirm the registered elector's current	367
address.	368

(X) "Designated agency" means an office or agency in the	369
state that provides public assistance or that provides	370
state-funded programs primarily engaged in providing services to	371
persons with disabilities and that is required by the National	372
Voter Registration Act of 1993 to implement a program designed and	373
administered by the secretary of state for registering voters, or	374
any other public or government office or agency that implements a	375
program designed and administered by the secretary of state for	376
registering voters, including the department of job and family	377
services, the program administered under section 3701.132 of the	378
Revised Code by the department of health, the department of mental	379
health, the department of developmental disabilities, the	380
rehabilitation services commission, and any other agency the	381
secretary of state designates. "Designated agency" does not	382
include public high schools and vocational schools, public	383
libraries, or the office of a county treasurer.	384

(Y) "National Voter Registration Act of 1993" means the	385
"National Voter Registration Act of 1993," 107 Stat. 77, 42	386
U.S.C.A. 1973gg.	387

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	388
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	389

(AA) "Photo identification" means a document that meets each	390
of the following requirements:	391

(1) It shows the name of the individual to whom it was	392
issued, which shall conform to the name in the poll list or	393
signature pollbook.	394

(2) It shows the current address of the individual to whom it	395
was issued, which shall conform to the address in the poll list or	396
signature pollbook, except for a driver's license or a state	397
identification card issued under section 4507.50 of the Revised	398
Code, which may show either the current or former address of the	399
individual to whom it was issued, regardless of whether that	400
address conforms to the address in the poll list or signature	401
pollbook.	402

(3) It shows a photograph of the individual to whom it was	403
issued.	404

(4) It ~~includes~~shall have on it an expiration date that has	405
not passed.	406

(5) It was issued by the government of the United States or	407
this state.	408

Sec. 3501.05. The secretary of state shall do all of the	409
following:	410

(A) Appoint all members of boards of elections;

411

(B) Issue instructions by directives and advisories in	412
accordance with section 3501.053 of the Revised Code to members of	413
the boards as to the proper methods of conducting elections.	414

(C) Prepare rules and instructions for the conduct of	415
elections;	416

(D) Publish and furnish to the boards from time to time a	417
sufficient number of indexed copies of all election laws then in	418
force;	419

(E) Edit and issue all pamphlets concerning proposed laws or	420
amendments required by law to be submitted to the voters;	421

(F) Prescribe the form of registration cards, blanks, and	422
records;	423

(G) Determine and prescribe the forms of ballots and the	424
forms of all blanks, cards of instructions, pollbooks, tally	425
sheets, certificates of election, and forms and blanks required by	426
law for use by candidates, committees, and boards;	427

(H) Prepare the ballot title or statement to be placed on the	428
ballot for any proposed law or amendment to the constitution to be	429
submitted to the voters of the state;	430

(I) Except as otherwise provided in section 3519.08 of the	431
Revised Code, certify to the several boards the forms of ballots	432
and names of candidates for state offices, and the form and	433
wording of state referendum questions and issues, as they shall	434
appear on the ballot;	435

(J) Except as otherwise provided in division (I)(2)(b) of	436
section 3501.38 of the Revised Code, give final approval to ballot	437
language for any local question or issue approved and transmitted	438
by boards of elections under section 3501.11 of the Revised Code;	439

(K) Receive all initiative and referendum petitions on state	440
questions and issues and determine and certify to the sufficiency	441
of those petitions;	442

(L) Require such reports from the several boards as are	443
provided by law, or as the secretary of state considers necessary;	444

(M) Compel the observance by election officers in the several	445
counties of the requirements of the election laws;	446

(N)(1) Except as otherwise provided in division (N)(2) of	447
this section, investigate the administration of election laws,	448
frauds, and irregularities in elections in any county, and report	449
violations of election laws to the attorney general or prosecuting	450
attorney, or both, for prosecution;	451

(2) On and after August 24, 1995, report a failure to comply	452
with or a violation of a provision in sections 3517.08 to 3517.13,	453
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	454
Revised Code, whenever the secretary of state has or should have	455
knowledge of a failure to comply with or a violation of a	456
provision in one of those sections, by filing a complaint with the	457
Ohio elections commission under section 3517.153 of the Revised	458
Code;.	459

(O) Make an annual report to the governor containing the	460
results of elections, the cost of elections in the various	461
counties, a tabulation of the votes in the several political	462
subdivisions, and other information and recommendations relative	463
to elections the secretary of state considers desirable;	464

(P) Prescribe and distribute to boards of elections a list of	465
instructions indicating all legal steps necessary to petition	466
successfully for local option elections under sections 4301.32 to	467
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	468

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	469
for the removal ~~by boards of elections~~ of ineligible voters from	470
the statewide voter registration database and, if applicable, from	471
the poll list or signature pollbook used in each precinct, which	472
rules shall provide for all of the following:	473

(1) A process for the removal of voters who have changed	474
residence, which shall be uniform, nondiscriminatory, and in	475
compliance with the Voting Rights Act of 1965 and the National	476
Voter Registration Act of 1993, including a program that uses the	477
national change of address service provided by the United States	478
postal system through its licensees;	479

(2) A process for the removal of ineligible voters under	480
section 3503.21 of the Revised Code;	481

(3) A uniform system for marking or removing the name of a	482
voter who is ineligible to vote from the statewide voter	483
registration database and, if applicable, from the poll list or	484
signature pollbook used in each precinct and noting the reason for	485
that mark or removal;	486

(4) The secretary of state to notify the applicable board of	487
elections of each elector that the secretary of state has removed	488
from the database.	489

(R) Prescribe a general program for registering voters or	490
updating voter registration information, such as name and	491
residence changes, by boards of elections, designated agencies,	492
offices of deputy registrars of motor vehicles, public high	493
schools and vocational schools, public libraries, and offices of	494
county treasurers consistent with the requirements of section	495
3503.09 of the Revised Code;	496

(S) Prescribe a program of distribution of voter registration	497
forms through boards of elections, designated agencies, offices of	498
the registrar and deputy registrars of motor vehicles, public high	499
schools and vocational schools, public libraries, and offices of	500
county treasurers;	501

(T) To the extent feasible, provide copies, at no cost and	502
upon request, of the voter registration form in post offices in	503
this state;	504

(U) Adopt rules pursuant to section 111.15 of the Revised	505
Code for the purpose of implementing the program for registering	506
voters through boards of elections, designated agencies, and the	507
offices of the registrar and deputy registrars of motor vehicles	508
consistent with this chapter;	509

(V) Establish the full-time position of Americans with	510
Disabilities Act coordinator within the office of the secretary of	511
state to do all of the following:	512

(1) Assist the secretary of state with ensuring that there is	513
equal access to polling places for persons with disabilities;	514

(2) Assist the secretary of state with ensuring that each	515
voter may cast the voter's ballot in a manner that provides the	516
same opportunity for access and participation, including privacy	517
and independence, as for other voters;	518

(3) Advise the secretary of state in the development of	519
standards for the certification of voting machines, marking	520
devices, and automatic tabulating equipment.	521

(W) Establish and maintain a computerized statewide database	522
of all legally registered voters under section 3503.15 of the	523
Revised Code that complies with the requirements of the "Help	524
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	525
and provide training in the operation of that system;	526

(X) Ensure that all directives, advisories, other	527
instructions, or decisions issued or made during or as a result of	528
any conference or teleconference call with a board of elections to	529
discuss the proper methods and procedures for conducting	530
elections, to answer questions regarding elections, or to discuss	531
the interpretation of directives, advisories, or other	532
instructions issued by the secretary of state are posted on a web	533
site of the office of the secretary of state as soon as is	534
practicable after the completion of the conference or	535
teleconference call, but not later than the close of business on	536
the same day as the conference or teleconference call takes place.	537

(Y) Publish a report on a web site of the office of the	538
secretary of state not later than one month after the completion	539
of the canvass of the election returns for each primary and	540
general election, identifying, by county, the number of absent	541
voter's ballots cast and the number of those ballots that were	542
counted, and the number of provisional ballots cast and the number	543
of those ballots that were counted, for that election. The	544
secretary of state shall maintain the information on the web site	545
in an archive format for each subsequent election.	546

(Z) Conduct voter education outlining voter identification,	547
absent voters ballot, provisional ballot, and other voting	548
requirements;	549

(AA) Establish a procedure by which a registered elector may	550
make available to a board of elections a more recent signature to	551
be used in the poll list or signature pollbook produced by the	552
board of elections of the county in which the elector resides;	553

(BB) Disseminate information, which may include all or part	554
of the official explanations and arguments, by means of direct	555
mail or other written publication, broadcast, or other means or	556
combination of means, as directed by the Ohio ballot board under	557
division (F) of section 3505.062 of the Revised Code, in order to	558
inform the voters as fully as possible concerning each proposed	559
constitutional amendment, proposed law, or referendum;	560

(CC) Be the single state office responsible for the	561
implementation of the "Uniformed and Overseas Citizens Absentee	562
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	563
et seq., as amended, in this state. The secretary of state may	564
delegate to the boards of elections responsibilities for the	565
implementation of that act, including responsibilities arising	566
from amendments to that act made by the "Military and Overseas	567
Voter Empowerment Act," Subtitle H of the National Defense	568
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	569
Stat. 3190.	570

(DD) Compile, from the boards of elections, the voting	571
history of each registered elector who cast a ballot in an	572
election, for inclusion in the statewide voter registration	573
database. The secretary of state shall determine, by rule, the	574
length of an elector's voting history that shall be included in	575
the database;	576

(EE) Adopt rules, under Chapter 119. of the Revised Code, to	577
establish procedures and standards for determining when a board of	578
elections shall be placed under the official oversight of the	579
secretary of state, placing a board of elections under the	580
official oversight of the secretary of state, a board that is	581
under official oversight to transition out of official oversight,	582
and the secretary of state to supervise a board of elections that	583
is under official oversight of the secretary of state.	584

(FF) Perform other duties required by law.

585

Whenever a primary election is held under section 3513.32 of	586
the Revised Code or a special election is held under section	587
3521.03 of the Revised Code to fill a vacancy in the office of	588
representative to congress, the secretary of state shall establish	589
a deadline, notwithstanding any other deadline required under the	590
Revised Code, by which any or all of the following shall occur:	591
the filing of a declaration of candidacy and petitions or a	592
statement of candidacy and nominating petition together with the	593
applicable filing fee; the filing of protests against the	594
candidacy of any person filing a declaration of candidacy or	595
nominating petition; the filing of a declaration of intent to be a	596
write-in candidate; the filing of campaign finance reports; the	597
preparation of, and the making of corrections or challenges to,	598
precinct voter registration lists; the receipt of applications for	599
absent voter's ballots or ~~armed service~~uniformed services or	600
overseas absent voter's ballots; the supplying of election	601
materials to precincts by boards of elections; the holding of	602
hearings by boards of elections to consider challenges to the	603
right of a person to appear on a voter registration list; and the	604
scheduling of programs to instruct or reinstruct election	605
officers.	606

In the performance of the secretary of state's duties as the	607
chief election officer, the secretary of state may administer	608
oaths, issue subpoenas, summon witnesses, compel the production of	609
books, papers, records, and other evidence, and fix the time and	610
place for hearing any matters relating to the administration and	611
enforcement of the election laws.	612

In any controversy involving or arising out of the adoption	613
of registration or the appropriation of funds for registration,	614
the secretary of state may, through the attorney general, bring an	615
action in the name of the state in the court of common pleas of	616
the county where the cause of action arose or in an adjoining	617
county, to adjudicate the question.	618

In any action involving the laws in Title XXXV of the Revised	619
Code wherein the interpretation of those laws is in issue in such	620
a manner that the result of the action will affect the lawful	621
duties of the secretary of state or of any board of elections, the	622
secretary of state may, on the secretary of state's motion, be	623
made a party.	624

The secretary of state may apply to any court that is hearing	625
a case in which the secretary of state is a party, for a change of	626
venue as a substantive right, and the change of venue shall be	627
allowed, and the case removed to the court of common pleas of an	628
adjoining county named in the application or, if there are cases	629
pending in more than one jurisdiction that involve the same or	630
similar issues, the court of common pleas of Franklin county.	631

Public high schools and vocational schools, public libraries,	632
and the office of a county treasurer shall implement voter	633
registration programs as directed by the secretary of state	634
pursuant to this section.	635

Sec. 3501.051. (A) Notwithstanding any other section of the	636
Revised Code, the secretary of state may authorize, in one or more	637
precincts in one or more counties, a program allowing individuals	638
under the age of eighteen to enter the polling place and vote in a	639
simulated election held at the same time as a general election.	640
Any individual working in or supervising at a simulated election	641
may enter the polling place and remain within it during the entire	642
period the polls are open.	643

(B) A program established under division (A) of this section	644
shall require all of the following:	645

(1) That the duties imposed on ~~judges of~~precinct election	646
officials and peace officers under section 3501.33 of the Revised	647
Code be performed by those ~~judges~~officials and officers in regard	648
to simulated elections and all activities related to simulated	649
elections;	650

(2) That volunteers provide the personnel necessary to	651
conduct the simulated election, except that employees of the	652
secretary of state, employees or members of boards of elections,	653
and precinct election officials may aid in operating the program	654
to the extent permitted by the secretary of state;	655

(3) That individuals under the age of fourteen be accompanied	656
to the simulated election by an individual eighteen years of age	657
or over;	658

(4) Any other requirements the secretary of state considers	659
necessary for the orderly administration of the election process.	660

Sec. 3501.053. (A) The secretary of state may issue	661
instructions as to the proper method of conducting elections to	662
members of the boards of elections by permanent or temporary	663
directives.	664

(1) The secretary of state shall establish a process to allow	665
public review and public comment of proposed directives. Prior to	666
issuing any permanent directive, the secretary of state shall	667
provide reasonable notice of the issuance of the directive and	668
allow a reasonable amount of time for public review and public	669
comment of the proposed directive under this division.	670

No permanent directive shall be issued during the period	671
beginning ~~ninety~~thirty days prior to the day of an election and	672
ending on the ~~fortieth~~thirtieth day following the day of that	673
election.	674

(2) Temporary directives shall only be issued, and shall only	675
have effect, during the period beginning ninety days prior to the	676
day of an election and ending on the fortieth day following the	677
day of that election. Temporary directives shall not be subject to	678
public review and public comment under division (A)(1) of this	679
section.	680

A temporary directive shall not become a permanent directive	681
unless the temporary directive is proposed as a permanent	682
directive and subject to public review and public comment under	683
division (A)(1) of this section.	684

If the situation prompting the establishment of a temporary	685
directive appears likely to recur, the secretary of state shall	686
establish a permanent directive addressing the situation.	687

(B) In addition to any other publication of directives and	688
advisories issued by the secretary of state, the secretary of	689
state shall publish those directives and advisories on a web site	690
of the office of the secretary of state as soon as is practicable	691
after they are issued, but not later than the close of business on	692
the same day as a directive or advisory is issued. The secretary	693
of state shall not remove from the web site any directives and	694
advisories so posted. The secretary of state shall provide on that	695
web site access to all directives and advisories currently in	696
effect and maintain an archive of all directives and advisories	697
previously published on that web site.	698

Sec. 3501.10. (A) The board of elections shall, as an	699
expense of the board, provide suitable rooms for its offices and	700
records and the necessary and proper furniture and supplies for	701
those rooms. The board may lease such offices and rooms, necessary	702
to its operation, for the length of time and upon the terms the	703
board deems in the best interests of the public, provided that the	704
term of any such lease shall not exceed fifteen years.	705

Thirty days prior to entering into such a lease, the board	706
shall notify the board of county commissioners in writing of its	707
intent to enter into the lease. The notice shall specify the terms	708
and conditions of the lease. Prior to the thirtieth day after	709
receiving that notice and before any lease is entered into, the	710
board of county commissioners may reject the proposed lease by a	711
majority vote. After receiving written notification of the	712
rejection by the board of county commissioners, the board of	713
elections shall not enter into the lease that was rejected, but	714
may immediately enter into additional lease negotiations, subject	715
to the requirements of this section.	716

The board of elections in any county may, by resolution,	717
request that the board of county commissioners submit to the	718
electors of the county, in accordance with section 133.18 of the	719
Revised Code, the question of issuing bonds for the acquisition of	720
real estate and the construction on it of a suitable building with	721
necessary furniture and equipment for the proper administration of	722
the duties of the board of elections. The resolution declaring the	723
necessity for issuing such bonds shall relate only to the	724
acquisition of real estate and to the construction, furnishing,	725
and equipping of a building as provided in this division.	726

(B) The board of elections in each county shall keep its	727
offices, or one or more of its branch registration offices, open	728
for the performance of its duties until nine p.m. on the last day	729
of registration before a general or primary election. At all other	730
times during each week, the board shall keep its offices and rooms	731
open for a period of time that the board considers necessary for	732
the performance of its duties.	733

(C)(1) The board of elections may maintain permanent or	734
temporary branch offices at any place within the county~~, provided~~	735
~~that, if~~. Except as otherwise provided in division (C)(2) of this	736
section, the board of elections ~~permits~~shall not permit electors	737
to vote at a branch office~~, electors shall not be permitted to~~	738
~~vote at any other branch office or any other office of the board~~	739
~~of elections~~.	740

(2) A board of elections may permit electors to cast absent	741
voter's ballots in person before an election at a branch office of	742
the board of elections if both of the following apply:	743

(a) At least three members of the board of elections vote to	744
establish a branch office at a specified location for the	745
applicable election.	746

(b) At least three members of the board of elections	747
determine, as part of the vote cast under division (C)(2)(a) of	748
this section, that the board of elections lacks the physical	749
capacity at the office of the board to conduct in-person absent	750
voting at that location for the applicable election.	751

(3) The determination of whether to establish a branch office	752
at which electors may cast absent voter's ballots in person before	753
an election under division (C)(2) of this section shall be made	754
separately for each election based on the projected physical	755
capacity requirements for in-person absent voting at that	756
election.	757

Sec. 3501.11. Each board of elections shall exercise by a	758
majority vote all powers granted to the board by Title XXXV of the	759
Revised Code, shall perform all the duties imposed by law, and	760
shall do all of the following:	761

(A) Establish, define, provide, rearrange, and combine	762
election precincts;	763

(B) Fix and provide the places for registration and for	764
holding primaries and elections;	765

(C) Provide for the purchase, preservation, and maintenance	766
of booths, ballot boxes, books, maps, flags, blanks, cards of	767
instructions, and other forms, papers, and equipment used in	768
registration, nominations, and elections;	769

(D) Appoint and remove its director, deputy director, and	770
employees and all registrars, judges, and other officers of	771
elections, fill vacancies, and designate the ward or district and	772
precinct in which each shall serve;	773

(E) Make and issue rules and instructions, not inconsistent	774
with law or the rules, directives, or advisories issued by the	775
secretary of state, as it considers necessary for the guidance of	776
election officers and voters;	777

(F) Advertise and contract for the printing of all ballots	778
and other supplies used in registrations and elections;	779

(G) Provide for the issuance of all notices, advertisements,	780
and publications concerning elections, except as otherwise	781
provided in division (G) of section 3501.17 and divisions (F) and	782
(G) of section 3505.062 of the Revised Code;	783

(H) Provide for the delivery of ballots, pollbooks, and other	784
required papers and material to the polling places;	785

(I) Cause the polling places to be suitably provided with	786
voting machines, marking devices, automatic tabulating equipment,	787
stalls, and other required supplies. In fulfilling this duty, each	788
board of a county that uses voting machines, marking devices, or	789
automatic tabulating equipment shall conduct a full vote of the	790
board during a public session of the board on the allocation and	791
distribution of voting machines, marking devices, and automatic	792
tabulating equipment for each precinct in the county.	793

(J) Investigate irregularities, nonperformance of duties, or	794
violations of Title XXXV of the Revised Code by election officers	795
and other persons; administer oaths, issue subpoenas, summon	796
witnesses, and compel the production of books, papers, records,	797
and other evidence in connection with any such investigation; and	798
report the facts to the prosecuting attorney or the secretary of	799
state;	800

(K) Review, examine, and certify the sufficiency and validity	801
of petitions and nomination papers, and, after certification,	802
return to the secretary of state all petitions and nomination	803
papers that the secretary of state forwarded to the board;	804

(L) Receive the returns of elections, canvass the returns,	805
make abstracts of them, and transmit those abstracts to the proper	806
authorities;	807

(M) Issue certificates of election on forms to be prescribed	808
by the secretary of state;	809

(N) Make an annual report to the secretary of state, on the	810
form prescribed by the secretary of state, containing a statement	811
of the number of voters registered, elections held, votes cast,	812
appropriations received, expenditures made, and other data	813
required by the secretary of state;	814

(O) Prepare and submit to the proper appropriating officer a	815
budget estimating the cost of elections for the ensuing fiscal	816
year;	817

(P) Perform other duties as prescribed by law or the rules,	818
directives, or advisories of the secretary of state;	819

(Q) Investigate and determine the residence qualifications of	820
electors;	821

(R) Administer oaths in matters pertaining to the	822
administration of the election laws;	823

(S) Prepare and submit to the secretary of state, whenever	824
the secretary of state requires, a report containing the names and	825
residence addresses of all incumbent county, municipal, township,	826
and board of education officials serving in their respective	827
counties;	828

(T) Establish and maintain a voter registration database of	829
all qualified electors in the county who offer to register;	830

(U) Maintain voter registration records, make reports	831
concerning voter registration as required by the secretary of	832
state, and remove ineligible electors from voter registration	833
lists in accordance with law and directives of the secretary of	834
state;	835

(V) Give approval to ballot language for any local question	836
or issue and transmit the language to the secretary of state for	837
the secretary of state's final approval;	838

(W) Prepare and cause the following notice to be displayed in	839
a prominent location in every polling place:	840

"NOTICE	841

Ohio law prohibits any person from voting or attempting to	842
vote more than once at the same election.	843

Violators are guilty of a felony of the fourth degree and	844
shall be imprisoned and additionally may be fined in accordance	845
with law."	846

(X) In all cases of a tie vote or a disagreement in the	847
board, if no decision can be arrived at, the director or	848
chairperson shall submit the matter in controversy, not later than	849
fourteen days after the tie vote or the disagreement, to the	850
secretary of state, who shall summarily decide the question, and	851
the secretary of state's decision shall be final.	852

(Y) Assist each designated agency, deputy registrar of motor	853
vehicles, public high school and vocational school, public	854
library, and office of a county treasurer in the implementation of	855
a program for registering voters at all voter registration	856
locations as prescribed by the secretary of state. Under this	857
program, each board of elections shall direct to the appropriate	858
board of elections any voter registration applications for persons	859
residing outside the county where the board is located within five	860
days after receiving the applications.	861

(Z) On any day on which an elector may vote in person at the	862
office of the board or at another site designated by the board,	863
consider the board or other designated site a polling place for	864
that day. All requirements or prohibitions of law that apply to a	865
polling place shall apply to the office of the board or other	866
designated site on that day.	867

(AA) Perform any duties with respect to voter registration	868
and voting by uniformed services and overseas voters that are	869
delegated to the board by law or by the rules, directives, or	870
advisories of the secretary of state.	871

(BB) Maintain a list of registered electors in the county who	872
cast a ballot at each election, which list shall be provided to	873
the secretary of state following each election.	874

Sec. 3501.111. A board of elections may contract with another	875
board of elections in this state, with a county automatic data	876
processing board, or with an educational service center for the	877
provision of election services, including any duties imposed upon	878
the board of elections under section 3501.11 of the Revised Code.	879
Any contract entered into pursuant to this section shall be	880
approved by the boards of county commissioners of the affected	881
counties.	882

Sec. 3501.13. (A) The director of the board of elections	883
shall keep a full and true record of the proceedings of the board	884
and of all moneys received and expended; file and preserve in the	885
board's office all orders and records pertaining to the	886
administration of registrations, primaries, and elections; receive	887
and have the custody of all books, papers, and property belonging	888
to the board; and perform other duties in connection with the	889
office of director and the proper conduct of elections as the	890
board determines.	891

(B) Before entering upon the duties of the office, the	892
director shall subscribe to an oath that the director will support	893
the Constitution of the United States and the Ohio Constitution,	894
perform all the duties of the office to the best of the director's	895
ability, enforce the election laws, and preserve all records,	896
documents, and other property pertaining to the conduct of	897
elections placed in the director's custody.	898

(C) The director may administer oaths to persons required by	899
law to file certificates or other papers with the board, to ~~judges~~	900
~~of elections~~precinct election officials, to witnesses who are	901
called to testify before the board, and to voters filling out	902
blanks at the board's offices. Except as otherwise provided by	903
state or federal law, the records of the board and papers and	904
books filed in its office are public records and open to	905
inspection under such reasonable regulations as shall be	906
established by the board. The social security number of any	907
elector or of any applicant for voter registration is not a public	908
record. The board shall redact any such number from any record	909
that it makes open to public inspection or copying under this	910
section.	911

The following notice shall be posted in a prominent place at	912
each board office:	913

"Except as otherwise provided by state or federal law,	914
records filed in this office of the board of elections are open to	915
public inspection during normal office hours, pursuant to the	916
following reasonable regulations: (the board shall here list its	917
regulations). Whoever prohibits any person from inspecting the	918
public records of this board is subject to the penalties of	919
section 3599.161 of the Revised Code."	920

(D) Upon receipt of a written declaration of intent to retire	921
as provided for in section 145.38 of the Revised Code, the	922
director shall provide a copy to each member of the board of	923
elections.	924

Sec. 3501.14. The board of elections shall, by a vote of not	925
less than three of its members, fix the annual compensation of its	926
director and deputy director who are selected in accordance with	927
section 3501.09 of the Revised Code.	928

The board may, when necessary, appoint a deputy director, who	929
shall not be a member of the same political party of which the	930
director is a member, and other employees, prescribe their duties,	931
and, by a vote of not less than three of its members, fix their	932
compensation.	933

The director, deputy director, and other employees of the	934
board are not public officers and shall serve, during their term	935
of office, at the discretion of the board. The board may summarily	936
remove the director or the deputy director by a vote of not less	937
than three of its members and may remove any other employee by a	938
majority vote of its membership.	939

The deputy director and all other election officials shall	940
take and subscribe to the same oath for the faithful performance	941
of their duties as is required of the director of the board. The	942
deputy director shall have the same power as the director to	943
administer oaths. The board may also employ additional employees,	944
when necessary, for part time ~~only~~or on a temporary basis at the	945
prevailing rate of pay for such services. Non-full-time,	946
part-time, and temporary employees shall only be paid sick or	947
vacation time subject to action adopted by the board.	948

A tie vote or disagreement in the board on the amount of	949
compensation to be paid to a director, deputy director, or any	950
employee shall not be submitted to the secretary of state.	951

Sec. 3501.17. (A) The expenses of the board of elections	952
shall be paid from the county treasury, in pursuance of	953
appropriations by the board of county commissioners, in the same	954
manner as other county expenses are paid. If the board of county	955
commissioners fails to appropriate an amount sufficient to provide	956
for the necessary and proper expenses of the board of elections	957
pertaining to the conduct of elections, the board of elections may	958
apply to the court of common pleas within the county, which shall	959
fix the amount necessary to be appropriated and the amount shall	960
be appropriated. Payments shall be made upon vouchers of the board	961
of elections certified to by its chairperson or acting chairperson	962
and the director or deputy director, upon warrants of the county	963
auditor.	964

The board of elections shall not incur any obligation	965
involving the expenditure of money unless there are moneys	966
sufficient in the funds appropriated therefor to meet the	967
obligation. If the board of elections requests a transfer of funds	968
from one of its appropriation items to another, the board of	969
county commissioners shall adopt a resolution providing for the	970
transfer except as otherwise provided in section 5705.40 of the	971
Revised Code. The expenses of the board of elections shall be	972
apportioned among the county and the various subdivisions as	973
provided in this section, and the amount chargeable to each	974
subdivision shall be paid as provided in division (J) of this	975
section or withheld by the auditor from the moneys payable thereto	976
at the time of the next tax settlement. At the time of submitting	977
budget estimates in each year, the board of elections shall submit	978
to the taxing authority of each subdivision, upon the request of	979
the subdivision, an estimate of the amount to be paid or withheld	980
from the subdivision during the current or next fiscal year.	981

(B) Except as otherwise provided in division (F) of this	982
section, the compensation of the members of the board of elections	983
and of the director, deputy director, and regular employees in the	984
board's offices, other than compensation for overtime worked; the	985
expenditures for the rental, furnishing, and equipping of the	986
office of the board and for the necessary office supplies for the	987
use of the board; the expenditures for the acquisition, repair,	988
care, and custody of the polling places, booths, guardrails, and	989
other equipment for polling places; the cost of tally sheets,	990
maps, flags, ballot boxes, and all other permanent records and	991
equipment; the cost of all elections held in and for the state and	992
county; and all other expenses of the board which are not	993
chargeable to a political subdivision in accordance with this	994
section shall be paid in the same manner as other county expenses	995
are paid.	996

(C) The compensation of ~~judges of elections~~precinct election	997
officials and intermittent employees in the board's offices; the	998
cost of renting, moving, heating, and lighting polling places and	999
of placing and removing ballot boxes and other fixtures and	1000
equipment thereof, including voting machines, marking devices, and	1001
automatic tabulating equipment; the cost of printing and	1002
delivering ballots, cards of instructions, registration lists	1003
required under section 3503.23 of the Revised Code, and other	1004
election supplies, including the supplies required to comply with	1005
division (H) of section 3506.01 of the Revised Code; the cost of	1006
contractors engaged by the board to prepare, program, test, and	1007
operate voting machines, marking devices, and automatic tabulating	1008
equipment; and all other expenses of conducting primaries and	1009
elections in the odd-numbered years shall be charged to the	1010
subdivisions in and for which such primaries or elections are	1011
held. The charge for each primary or general election in	1012
odd-numbered years for each subdivision shall be determined in the	1013
following manner: first, the total cost of all chargeable items	1014
used in conducting such elections shall be ascertained; second,	1015
the total charge shall be divided by the number of precincts	1016
participating in such election, in order to fix the cost per	1017
precinct; third, the cost per precinct shall be prorated by the	1018
board of elections to the subdivisions conducting elections for	1019
the nomination or election of offices in such precinct; fourth,	1020
the total cost for each subdivision shall be determined by adding	1021
the charges prorated to it in each precinct within the	1022
subdivision.	1023

(D) The entire cost of special elections held on a day other	1024
than the day of a primary or general election, both in	1025
odd-numbered or in even-numbered years, shall be charged to the	1026
subdivision. Where a special election is held on the same day as a	1027
primary or general election in an even-numbered year, the	1028
subdivision submitting the special election shall be charged only	1029
for the cost of ballots and advertising. Where a special election	1030
is held on the same day as a primary or general election in an	1031
odd-numbered year, the subdivision submitting the special election	1032
shall be charged for the cost of ballots and advertising for such	1033
special election, in addition to the charges prorated to such	1034
subdivision for the election or nomination of candidates in each	1035
precinct within the subdivision, as set forth in the preceding	1036
paragraph.	1037

(E) Where a special election is held on the day specified by	1038
division (E) of section 3501.01 of the Revised Code for the	1039
holding of a primary election, for the purpose of submitting to	1040
the voters of the state constitutional amendments proposed by the	1041
general assembly, and a subdivision conducts a special election on	1042
the same day, the entire cost of the special election shall be	1043
divided proportionally between the state and the subdivision based	1044
upon a ratio determined by the number of issues placed on the	1045
ballot by each, except as otherwise provided in division (G) of	1046
this section. Such proportional division of cost shall be made	1047
only to the extent funds are available for such purpose from	1048
amounts appropriated by the general assembly to the secretary of	1049
state. If a primary election is also being conducted in the	1050
subdivision, the costs shall be apportioned as otherwise provided	1051
in this section.	1052

(F) When a precinct is open during a general, primary, or	1053
special election solely for the purpose of submitting to the	1054
voters a statewide ballot issue, the state shall bear the entire	1055
cost of the election in that precinct and shall reimburse the	1056
county for all expenses incurred in opening the precinct.	1057

(G)(1) The state shall bear the entire cost of advertising in	1058
newspapers statewide ballot issues, explanations of those issues,	1059
and arguments for or against those issues, as required by Section	1060
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	1061
and any other section of law. Appropriations made to the	1062
controlling board shall be used to reimburse the secretary of	1063
state for all expenses the secretary of state incurs for such	1064
advertising under division (G) of section 3505.062 of the Revised	1065
Code.	1066

(2) There is hereby created in the state treasury the	1067
statewide ballot advertising fund. The fund shall receive	1068
transfers approved by the controlling board, and shall be used by	1069
the secretary of state to pay the costs of advertising state	1070
ballot issues as required under division (G)(1) of this section.	1071
Any such transfers may be requested from and approved by the	1072
controlling board prior to placing the advertising, in order to	1073
facilitate timely provision of the required advertising.	1074

(H) The cost of renting, heating, and lighting registration	1075
places; the cost of the necessary books, forms, and supplies for	1076
the conduct of registration; and the cost of printing and posting	1077
precinct registration lists shall be charged to the subdivision in	1078
which such registration is held.	1079

(I) At the request of a majority of the members of the board	1080
of elections, the board of county commissioners may, by	1081
resolution, establish an elections revenue fund. Except as	1082
otherwise provided in this division, the purpose of the fund shall	1083
be to accumulate revenue withheld by or paid to the county under	1084
this section for the payment of any expense related to the duties	1085
of the board of elections specified in section 3501.11 of the	1086
Revised Code, upon approval of a majority of the members of the	1087
board of elections. The fund shall not accumulate any revenue	1088
withheld by or paid to the county under this section for the	1089
compensation of the members of the board of elections or of the	1090
director, deputy director, or other regular employees in the	1091
board's offices, other than compensation for overtime worked.	1092

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	1093
Revised Code, the board of county commissioners may, by	1094
resolution, transfer money to the elections revenue fund from any	1095
other fund of the political subdivision from which such payments	1096
lawfully may be made. Following an affirmative vote of a majority	1097
of the members of the board of elections, the board of county	1098
commissioners may, by resolution, rescind an elections revenue	1099
fund established under this division. If an elections revenue fund	1100
is rescinded, money that has accumulated in the fund shall be	1101
transferred to the county general fund.	1102

(J)(1) Not less than fifteen business days before the	1103
deadline for submitting a question or issue for placement on the	1104
ballot at a special election, the board of elections shall prepare	1105
and file with the board of county commissioners and the office of	1106
the secretary of state the estimated cost, based on the factors	1107
enumerated in this section, for preparing for and conducting an	1108
election on one question or issue, one nomination for office, or	1109
one election to office in each precinct in the county at that	1110
special election and shall divide that cost by the number of	1111
registered voters in the county.	1112

(2) The board of elections shall provide to a political	1113
subdivision seeking to submit a question or issue, a nomination	1114
for office, or an election to office for placement on the ballot	1115
at a special election with the estimated cost for preparing for	1116
and conducting that election, which shall be calculated either by	1117
multiplying the number of registered voters in the political	1118
subdivision with the cost calculated under division (J)(1) of this	1119
section or by multiplying the cost per precinct with the number or	1120
precincts in the political subdivision. A political subdivision	1121
submitting a question or issue, a nomination for office, or an	1122
election to office for placement on the ballot at that special	1123
election shall pay to the county elections revenue fund sixty-five	1124
per cent of the estimated cost of the election not less than ten	1125
business days after the deadline for submitting a question or	1126
issue for placement on the ballot for that special election.	1127

(3) Not later than sixty days after the date of a special	1128
election, the board of elections shall provide to each political	1129
subdivision the true and accurate cost for the question or issue,	1130
nomination for office, or election to office that the subdivision	1131
submitted to the voters on the special election ballots. If the	1132
board of elections determines that a subdivision paid less for the	1133
cost of preparing and conducting a special election under division	1134
(J)(2) of this section than the actual cost calculated under this	1135
division, the subdivision shall remit to the county elections	1136
revenue fund the difference between the payment made under	1137
division (J)(2) of this section and the final cost calculated	1138
under this division within thirty days after being notified of the	1139
final cost. If the board of elections determines that a	1140
subdivision paid more for the cost of preparing and conducting a	1141
special election under division (J)(2) of this section than the	1142
actual cost calculated under this division, the board of elections	1143
promptly shall notify the board of county commissioners of that	1144
difference. The board of county commissioners shall remit from the	1145
county elections revenue fund to the political subdivision the	1146
difference between the payment made under division (J)(2) of this	1147
section and the final cost calculated under this division within	1148
thirty days after receiving that notification.	1149

(K) As used in this section:

1150

(1) "Political subdivision" and "subdivision" mean any board	1151
of county commissioners, board of township trustees, legislative	1152
authority of a municipal corporation, board of education, or any	1153
other board, commission, district, or authority that is empowered	1154
to levy taxes or permitted to receive the proceeds of a tax levy,	1155
regardless of whether the entity receives tax settlement moneys as	1156
described in division (A) of this section;	1157

(2) "Statewide ballot issue" means any ballot issue, whether	1158
proposed by the general assembly or by initiative or referendum,	1159
that is submitted to the voters throughout the state.	1160

Sec. 3501.18. (A) The board of elections may divide a	1161
political subdivision within its jurisdiction into precincts,	1162
establish, define, divide, rearrange, and combine the several	1163
election precincts within its jurisdiction, and change the	1164
location of the polling place for each precinct when it is	1165
necessary to maintain the requirements as to the number of voters	1166
in a precinct and to provide for the convenience of the voters and	1167
the proper conduct of elections. No change in the number of	1168
precincts or in precinct boundaries shall be made during the	1169
twenty-five days immediately preceding a primary or general	1170
election or between the first day of January and the day on which	1171
the members of county central committees are elected in the years	1172
in which those committees are elected. Except as otherwise	1173
provided in section 3501.20 of the Revised Code and in division	1174
(C) of this section, each precinct shall contain a number of	1175
electors, not to exceed one thousand four hundred and, if the	1176
precinct is located in a municipal corporation, not less than five	1177
hundred, that the board of elections determines to be a reasonable	1178
number after taking into consideration the type and amount of	1179
available equipment, prior voter turnout, the size and location of	1180
each selected polling place, available parking, availability of an	1181
adequate number of poll workers, and handicap accessibility and	1182
other accessibility to the polling place.	1183

If the board changes the boundaries of a precinct after the	1184
filing of a local option election petition pursuant to sections	1185
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	1186
calls for a local option election to be held in that precinct, the	1187
local option election shall be held in the area that constituted	1188
the precinct at the time the local option petition was filed,	1189
regardless of the change in the boundaries.	1190

If the board changes the boundaries of a precinct in order to	1191
meet the requirements of division (B)(1) of this section in a	1192
manner that causes a member of a county central committee to no	1193
longer qualify as a representative of an election precinct in the	1194
county, of a ward of a city in the county, or of a township in the	1195
county, the member shall continue to represent the precinct, ward,	1196
or township for the remainder of the member's term, regardless of	1197
the change in boundaries.	1198

In an emergency, the board may provide more than one polling	1199
place in a precinct. In order to provide for the convenience of	1200
the voters, the board may locate polling places for voting or	1201
registration outside the boundaries of precincts, provided that	1202
the nearest public school or public building shall be used if the	1203
board determines it to be available and suitable for use as a	1204
polling place. Except in an emergency, no change in the number or	1205
location of the polling places in a precinct shall be made during	1206
the twenty-five days immediately preceding a primary or general	1207
election.	1208

Electors who have failed to respond within thirty days to any	1209
confirmation notice shall not be counted in determining the size	1210
of any precinct under this section.	1211

(B)(1) Except as otherwise provided in division (B)(2) of	1212
this section, a board of elections shall determine all precinct	1213
boundaries using geographical units used by the United States	1214
department of commerce, bureau of the census, in reporting the	1215
decennial census of Ohio.	1216

(2) The board of elections may apply to the secretary of	1217
state for a waiver from the requirement of division (B)(1) of this	1218
section when it is not feasible to comply with that requirement	1219
because of unusual physical boundaries or residential development	1220
practices that would cause unusual hardship for voters. The board	1221
shall identify the affected precincts and census units, explain	1222
the reason for the waiver request, and include a map illustrating	1223
where the census units will be split because of the requested	1224
waiver. If the secretary of state approves the waiver and so	1225
notifies the board of elections in writing, the board may change a	1226
precinct boundary as necessary under this section, notwithstanding	1227
the requirement in division (B)(1) of this section.	1228

(C) The board of elections may apply to the secretary of	1229
state for a waiver from the requirement of division (A) of this	1230
section regarding the number of electors in a precinct when the	1231
use of geographical units used by the United States department of	1232
commerce, bureau of the census, will cause a precinct to contain	1233
more than one thousand four hundred electors. The board shall	1234
identify the affected precincts and census units, explain the	1235
reason for the waiver request, and include a map illustrating	1236
where census units will be split because of the requested waiver.	1237
If the secretary of state approves the waiver and so notifies the	1238
board of elections in writing, the board may change a precinct	1239
boundary as necessary to meet the requirements of division (B)(1)	1240
of this section.	1241

(D) A board of elections does not violate division (A) of	1242
this section if its minimum precinct size varies from the minimum	1243
precinct size established in that division by five per cent or	1244
less.	1245

(E) The board of elections may apply to the secretary of	1246
state for a waiver from the minimum precinct size requirements of	1247
division (A) of this section. The board shall identify the	1248
affected precincts and explain the reason for the waiver request.	1249
If the secretary of state approves the waiver and so notifies the	1250
board of elections in writing, the board may change a precinct	1251
boundary in the manner specified in the waiver request.	1252

Sec. 3501.20. ~~The~~Notwithstanding the minimum precinct size	1253
established under section 3501.18 of the Revised Code, the lands	1254
used for a state or national home for disabled soldiers shall	1255
constitute a separate election precinct, and, if necessary, may be	1256
divided and rearranged within such limits as other precincts are	1257
arranged and divided.	1258

Sec. 3501.22. (A) On(1) Except as otherwise provided in	1259
division (A)(2) of this section, on or before the fifteenth day of	1260
September in each year, the board of elections by a majority vote	1261
shall, after careful examination and investigation as to their	1262
qualifications, appoint for each election precinct four residents	1263
of the county in which the precinct is located, as ~~judges~~precinct	1264
election officials. Except as otherwise provided in division (C)	1265
of this section, all ~~judges of~~precinct election officials shall	1266
be qualified electors. The ~~judges~~precinct election officials	1267
shall constitute the election officers of the precinct. Not more	1268
than one-half of the total number of ~~judges~~precinct election	1269
officials shall be members of the same political party. The term	1270
of such precinct officers shall be for one year. The board may, at	1271
any time, designate any number of election officers, not more than	1272
one-half of whom shall be members of the same political party, to	1273
perform their duties at any precinct in any election. The board	1274
may appoint additional officials~~, equally divided between the two~~	1275
~~major political parties,~~ when necessary to expedite voting. If	1276
the board of elections determines that four precinct election	1277
officials are not required in a precinct for a special election,	1278
the board of elections may select two of the precinct's election	1279
officers, who are not members of the same political party, to	1280
serve as the precinct election officials for that precinct in that	1281
special election.	1282

Vacancies for unexpired terms shall be filled by the board.	1283
When new precincts have been created, the board shall appoint	1284
~~judges~~precinct election officials for those precincts for the	1285
unexpired term. Any ~~judge~~precinct election official may be	1286
summarily removed from office at any time by the board for neglect	1287
of duty, malfeasance, or misconduct in office or for any other	1288
good and sufficient reason.	1289

Precinct election officials shall perform all of the duties	1290
provided by law for receiving the ballots and supplies, opening	1291
and closing the polls, and overseeing the casting of ballots	1292
during the time the polls are open, and any other duties required	1293
by section 3501.26 of the Revised Code.	1294

A board of elections may designate two precinct election	1295
officials as counting officials to count and tally the votes cast	1296
and certify the results of the election at each precinct, and	1297
perform other duties as provided by law. To expedite the counting	1298
of votes at each precinct, the board may appoint additional	1299
officials, not more than one-half of whom shall be members of the	1300
same political party.	1301

The board shall designate one of the precinct election	1302
officials ~~who is a member of the dominant political party~~ to serve	1303
as a ~~presiding judge, whose~~voting location manager. The voting	1304
location manager shall be a member of the political party whose	1305
candidate received the highest number of votes for governor in the	1306
precincts whose polling places are located at the applicable	1307
voting location, when tallying the combined vote for governor for	1308
all such precincts. It is the duty ~~it is~~of the voting location	1309
manager to deliver the returns of the election and all supplies to	1310
the office of the board. For these services, the ~~presiding judge~~	1311
voting location manager shall receive additional compensation in	1312
an amount, consistent with section 3501.28 of the Revised Code,	1313
determined by the board of elections.	1314

The board shall issue to each precinct election official a	1315
certificate of appointment, which the official shall present to	1316
the ~~presiding judge~~voting location manager at the time the polls	1317
are opened.	1318

(2) If the board of elections, by majority vote, opts to use	1319
multiple precinct polling locations in lieu of any or all	1320
individual precinct polling locations, the board may appoint	1321
precinct election officials for the multiple precinct polling	1322
locations as follows:	1323

(a) For the first precinct combined in a multiple precinct	1324
polling location, the board shall appoint four precinct election	1325
officials, not more than one-half of whom shall be members of the	1326
same political party.	1327

(b) For each additional precinct combined in a multiple	1328
precinct polling location, the board shall appoint two precinct	1329
election officials, not more than one of whom shall be a member of	1330
the same political party.	1331

(c) The board shall designate one of the precinct election	1332
officials appointed under division (A)(2)(a) or (b) of this	1333
section who is a member of the political party whose candidate for	1334
governor received the highest number of votes in the most recent	1335
general election for that office in the precincts combined in the	1336
multiple precinct polling location as the single voting location	1337
manager for the multiple precinct polling location.	1338

(B) If the board of elections determines that not enough	1339
qualified electors in a precinct are available to serve as	1340
precinct officers, it may appoint persons to serve as precinct	1341
officers at a primary, special, or general election who are at	1342
least seventeen years of age and are registered to vote in	1343
accordance with section 3503.07 of the Revised Code.	1344

(C)(1) A board of elections, in conjunction with the board of	1345
education of a city, local, or exempted village school district,	1346
the governing authority of a community school established under	1347
Chapter 3314. of the Revised Code, or the chief administrator of a	1348
nonpublic school may establish a program permitting certain high	1349
school students to apply and, if appointed by the board of	1350
elections, to serve as precinct officers at a primary, special, or	1351
general election.	1352

In addition to the requirements established by division	1353
(C)(2) of this section, a board of education, governing authority,	1354
or chief administrator that establishes a program under this	1355
division in conjunction with a board of elections may establish	1356
additional criteria that students shall meet to be eligible to	1357
participate in that program.	1358

(2)(a) To be eligible to participate in a program established	1359
under division (C)(1) of this section, a student shall be a United	1360
States citizen, a resident of the county, at least seventeen years	1361
of age, and enrolled in the senior year of high school.	1362

(b) Any student applying to participate in a program	1363
established under division (C)(1) of this section, as part of the	1364
student's application process, shall declare the student's	1365
political party affiliation with the board of elections.	1366

(3) No student appointed as a precinct officer pursuant to a	1367
program established under division (C)(1) of this section shall be	1368
designated as a ~~presiding judge~~voting location manager.	1369

(4) Any student participating in a program established under	1370
division (C)(1) of this section shall be excused for that	1371
student's absence from school on the day of an election at which	1372
the student is serving as a precinct officer.	1373

(D) In any precinct with six or more precinct officers, up to	1374
two students participating in a program established under division	1375
(C)(1) of this section who are under eighteen years of age may	1376
serve as precinct officers. Not more than one precinct officer in	1377
any given precinct with fewer than six precinct officers shall be	1378
under eighteen years of age.	1379

Sec. 3501.26. When the polls are closed after a primary,	1380
general, or special election, the receiving officials shall, in	1381
the presence of the counting officials and attending observers,	1382
proceed as follows:	1383

(A) Count the number of electors who voted, as shown on the	1384
poll books;	1385

(B) Count the unused ballots without removing stubs;

1386

1387

(D) Insert the totals of divisions (A), (B), and (C) of this	1388
section on the report forms provided therefor in the poll books;	1389

(E) Count the voted ballots. If the number of voted ballots	1390
exceeds the number of voters whose names appear upon the poll	1391
books, the ~~presiding judge~~voting location manager shall enter on	1392
the poll books an explanation of that discrepancy, and that	1393
explanation, if agreed to, shall be subscribed to by all of the	1394
~~judges~~precinct election officials. Any ~~judge~~precinct official	1395
having a different explanation shall enter it in the poll books	1396
and subscribe to it.	1397

(F) Put the unused ballots with stubs attached, and soiled	1398
and defaced ballots with stubs attached, in the envelopes or	1399
containers provided therefor, and certify the number.	1400

The receiving officials shall deliver to and place in the	1401
custody of the counting officials all the supplies provided for	1402
the conduct of that election and the ballots that are to be	1403
counted and tallied, and take a receipt for the same, which	1404
receipt shall appear in and be a part of the poll books of such	1405
precinct. Having performed their duties, the receiving officials	1406
shall immediately depart.	1407

Having receipted for the ballots, the counting officials	1408
shall proceed to count and tally the vote as cast in the manner	1409
prescribed by section 3505.27 of the Revised Code and certify the	1410
result of the election to the board of elections.	1411

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	1412
shall complete a program of instruction pursuant to division (B)	1413
of this section. No person who has been convicted of a felony or	1414
any violation of the election laws, who is unable to read and	1415
write the English language readily, or who is a candidate for an	1416
office to be voted for by the voters of the precinct in which the	1417
person is to serve shall serve as an election officer. A person	1418
when appointed as an election officer shall receive from the board	1419
of elections a certificate of appointment that may be revoked at	1420
any time by the board for good and sufficient reasons. The	1421
certificate shall be in the form the board prescribes and shall	1422
specify the precinct, ward, or district in and for which the	1423
person to whom it is issued is appointed to serve, the date of	1424
appointment, and the expiration of the person's term of service.	1425

(B)(1) Each board shall establish a program as prescribed by	1426
the secretary of state for the instruction of election officers in	1427
the rules, procedures, and law relating to elections. In each	1428
program, the board shall use training materials prepared by the	1429
secretary of state and may use additional materials prepared by or	1430
on behalf of the board. The board may use the services of unpaid	1431
volunteers in conducting its program and may reimburse those	1432
volunteers for necessary and actual expenses incurred in	1433
participating in the program.	1434

~~The~~Subject to division (B)(2) of this section, the board	1435
shall train each new election officer before the new officer	1436
participates in the first election in that capacity. The board	1437
shall instruct election officials who have been trained previously	1438
only when the board or secretary of state considers that	1439
instruction necessary, but the board shall reinstruct such	1440
persons, other than ~~presiding judges~~voting location managers, at	1441
least once in every three years and shall reinstruct ~~presiding~~	1442
~~judges~~voting location managers before the primary election in	1443
even-numbered years. The board shall schedule any program of	1444
instruction within sixty days prior to the election in which the	1445
officials to be trained will participate.	1446

(2) In addition to the training required under division	1447
(B)(1) of this section, the secretary of state may mandate	1448
additional training for election officials on a continuing basis	1449
in an effort to achieve election uniformity.	1450

(C) The duties of a ~~judge of an~~precinct election official in	1451
each polling place shall be performed only by an individual who	1452
has successfully completed the requirements of the program, unless	1453
such an individual is unavailable after reasonable efforts to	1454
obtain such services.	1455

(D) The secretary of state shall establish a program for the	1456
instruction of members of boards of elections and employees of	1457
boards in the rules, procedures, and law relating to elections.	1458
Each member and employee shall complete the training program	1459
within six months after the member's or employee's original	1460
appointment or employment, and thereafter each member and employee	1461
shall complete a training program to update their knowledge once	1462
every four years or more often as determined by the secretary of	1463
state.	1464

(E) The secretary of state shall reimburse each county for	1465
the cost of programs established pursuant to division (B) of this	1466
section, once the secretary of state has received an itemized	1467
statement of expenses for such instruction programs from the	1468
county. The itemized statement shall be in a form prescribed by	1469
the secretary of state.	1470

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

1471

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1472
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1473
amended.	1474

(2) "Full election day" means the period of time between the	1475
opening of the polls and the completion of the procedures	1476
contained in section 3501.26 of the Revised Code.	1477

(3) "Services" means services at each general, primary, or	1478
special election.	1479

(B) ~~Beginning with calendar year 1998, each judge of an~~	1480
~~election in a county shall be paid for the judge's services at the~~	1481
~~same hourly rate, which shall be not less than the minimum hourly~~	1482
~~rate established by the Fair Labor Standards Act and not more than~~	1483
~~eighty-five dollars per diem.~~	1484

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1485
precinct election official in a county shall be paid for the	1486
~~judge's~~official's services at the same hourly rate, which shall	1487
be not less than the minimum hourly rate established by the Fair	1488
Labor Standards Act and not more than ninety-five dollars per	1489
diem.	1490

~~(D)~~(C) The secretary of state shall establish, by rule	1491
adopted under section 111.15 of the Revised Code, the maximum	1492
amount of per diem compensation that may be paid to ~~judges of an~~	1493
precinct election officials under this section each time the Fair	1494
Labor Standards Act is amended to increase the minimum hourly rate	1495
established by the act. Upon learning of such an increase, the	1496
secretary of state shall determine by what percentage the minimum	1497
hourly rate has been increased under the act and establish a new	1498
maximum amount of per diem compensation that ~~judges of an~~precinct	1499
election officials may be paid under this section that is	1500
increased by the same percentage that the minimum hourly rate has	1501
been increased under the act.	1502

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1503
a ~~judge of an~~precinct election official under this section during	1504
a calendar year unless the board has given written notice of the	1505
proposed increase to the board of county commissioners not later	1506
than the first day of October of the preceding calendar year.	1507

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1508
this section, a board of elections may increase the pay of a ~~judge~~	1509
~~of an~~precinct election official during a calendar year by up to,	1510
but not exceeding, nine per cent over the compensation paid to a	1511
~~judge of an~~precinct election official in the county where the	1512
board is located during the previous calendar year, if the	1513
compensation so paid during the previous calendar year was	1514
eighty-five dollars or less per diem.	1515

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1516
this section, a board of elections may increase the pay of a ~~judge~~	1517
~~of an~~precinct election official during a calendar year by up to,	1518
but not exceeding, four and one-half per cent over the	1519
compensation paid to a ~~judge of an~~precinct election official in	1520
the county where the board is located during the previous calendar	1521
year, if the compensation so paid during the previous calendar	1522
year was more than eighty-five but less than ninety-five dollars	1523
per diem.	1524

(2) The board of county commissioners may review and comment	1525
upon a proposed increase and may enter into a written agreement	1526
with a board of elections to permit an increase in the	1527
compensation paid to ~~judges of an~~precinct election officials for	1528
their services during a calendar year that is greater than the	1529
applicable percentage limitation described in division	1530
~~(E)~~(D)(1)(b) or (c) of this section.	1531

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1532
less than the full election day shall be paid the maximum amount	1533
allowed under this section or the maximum amount as set by the	1534
board of elections, whichever is less.	1535

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1536
to (6) of this section, any employee of the state or of any	1537
political subdivision of the state may serve as a ~~judge of~~	1538
~~elections~~precinct election official on the day of an election	1539
without loss of the employee's regular compensation for that day	1540
as follows:	1541

(a) For employees of a county office, department, commission,	1542
board, or other entity, or of a court of common pleas, county	1543
court, or county-operated municipal court, as defined in section	1544
1901.03 of the Revised Code, the employee's appointing authority	1545
may permit leave with pay for this service in accordance with a	1546
resolution setting forth the terms and conditions for that leave	1547
passed by the board of county commissioners.	1548

(b) For all other employees of a political subdivision of the	1549
state, leave with pay for this service shall be subject to the	1550
terms and conditions set forth in an ordinance or a resolution	1551
passed by the legislative authority of the applicable political	1552
subdivision.	1553

(c) For state employees, leave with pay for this service	1554
shall be subject to the terms and conditions set forth by the head	1555
of the state agency, as defined in section 1.60 of the Revised	1556
Code, by which the person is employed.	1557

(2) Any terms and conditions set forth by a board of county	1558
commissioners, legislative authority of a political subdivision,	1559
or head of a state agency under division ~~(G)~~(F)(1) of this section	1560
shall include a standard procedure for deciding which employees	1561
are permitted to receive leave with pay if multiple employees of	1562
an entity or court described in division ~~(G)~~(F)(1)(a) of this	1563
section, of an entity of a political subdivision described in	1564
division ~~(G)~~(F)(1)(b) of this section, or of a state agency as	1565
defined in section 1.60 of the Revised Code apply to serve as a	1566
~~judge of elections~~precinct election official on the day of an	1567
election. This procedure shall be applied uniformly to all	1568
similarly situated employees.	1569

(3) Any employee who is eligible for leave with pay under	1570
division ~~(G)~~(F)(1) of this section shall receive, in addition to	1571
the employee's regular compensation, the compensation paid to the	1572
~~judge of an~~precinct election official under division (B),or (C),	1573
~~or (D)~~ of this section.	1574

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1575
either of the following:	1576

(a) Election officials;

1577

(b) Public school teachers.

1578

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1579
or negates any provision of a collective bargaining agreement in	1580
effect under Chapter 4117. of the Revised Code.	1581

(6) If a board of county commissioners, legislative authority	1582
of a political subdivision, or head of a state agency fails to set	1583
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1584
section, an employee of an entity or court described in division	1585
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1586
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1587
of a state agency as defined in section 1.60 of the Revised Code	1588
may use personal leave, vacation leave, or compensatory time, or	1589
take unpaid leave, to serve as a ~~judge of elections~~precinct	1590
election official on the day of an election.	1591

~~(H)~~(G) The board of elections may withhold the compensation	1592
of any precinct election official for failure to obey the	1593
instructions of the board or to comply with the law relating to	1594
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1595
a ~~judge of an~~precinct election official is entitled to receive	1596
under section 3501.36 of the Revised Code is in addition to the	1597
compensation the ~~judge~~official is entitled to receive under this	1598
section.	1599

Sec. 3501.29. (A) The board of elections shall provide for	1600
each precinct a polling place and provide adequate facilities at	1601
each polling place for conducting the election. The board shall	1602
provide a sufficient number of screened or curtained voting	1603
compartments to which electors may retire and conveniently mark	1604
their ballots, protected from the observation of others. Each	1605
voting compartment shall be provided at all times with writing	1606
implements, instructions how to vote, and other necessary	1607
conveniences for marking the ballot. The ~~presiding judge~~voting	1608
location manager shall ensure that the voting compartments at all	1609
times are adequately lighted and contain the necessary supplies.	1610
The board shall utilize, in so far as practicable, rooms in public	1611
schools and other public buildings for polling places. Upon	1612
application of the board of elections, the authority which has the	1613
control of any building or grounds supported by taxation under the	1614
laws of this state, shall make available the necessary space	1615
therein for the purpose of holding elections and adequate space	1616
for the storage of voting machines, without charge for the use	1617
thereof. A reasonable sum may be paid for necessary janitorial	1618
service. When polling places are established in private buildings,	1619
the board may pay a reasonable rental therefor, and also the cost	1620
of liability insurance covering the premises when used for	1621
election purposes, or the board may purchase a single liability	1622
policy covering the board and the owners of the premises when used	1623
for election purposes. When removable buildings are supplied by	1624
the board, they shall be constructed under the contract let to the	1625
lowest and best bidder, and the board shall observe all ordinances	1626
and regulations then in force as to safety. The board shall remove	1627
all such buildings from streets and other public places within	1628
thirty days after an election, unless another election is to be	1629
held within ninety days.	1630

(B)(1) Except as otherwise provided in this section, the	1631
board shall ensure all of the following:	1632

(a) That polling places are free of barriers that would	1633
impede ingress and egress of handicapped persons;	1634

(b) That the minimum number of special parking locations,	1635
also known as handicapped parking spaces or disability parking	1636
spaces, for handicapped persons are designated at each polling	1637
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1638
compliance with division (E) of section 4511.69 of the Revised	1639
Code.	1640

(c) That the entrances of polling places are level or are	1641
provided with a nonskid ramp ~~of not over eight per cent gradient~~	1642
that meets the requirements of the "Americans with Disabilities	1643
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	1644

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

1645

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1646
section, certain polling places may be specifically exempted by	1647
the secretary of state upon certification by a board of elections	1648
that a good faith, but unsuccessful, effort has been made to	1649
modify, or change the location of, such polling places.	1650

(C) ~~At any~~If a polling place ~~that is~~has been exempted from	1651
compliance by the secretary of state under division (B)(2) of this	1652
section, the board of elections shall permit any handicapped	1653
elector who travels to that ~~elector's~~ polling place, but who is	1654
unable to enter the polling place due to the inaccessibility of	1655
the polling place, to vote, with the assistance of two polling	1656
place officials of major political parties, in the vehicle that	1657
conveyed that elector to the polling place, or to receive and cast	1658
that elector's ballot at the door of the polling place.	1659

(D) The secretary of state shall:

1660

(1) Work with other state agencies to facilitate the	1661
distribution of information and technical assistance to boards of	1662
elections to meet the requirements of division (B) of this	1663
section;	1664

(2) Work with organizations that represent or provide	1665
services to handicapped, disabled, or elderly citizens to effect a	1666
wide dissemination of information about the availability of	1667
absentee voting, voting in the voter's vehicle or at the door of	1668
the polling place, or other election services to handicapped,	1669
disabled, or elderly citizens.	1670

(E) Before the day of an election, the director of the board	1671
of elections of each county shall sign a statement verifying that	1672
each polling place that will be used in that county at that	1673
election meets the requirements of division (B)(1)(b) of this	1674
section. The signed statement shall be sent to the secretary of	1675
state by ~~certified~~ mail or electronically.	1676

(F) As used in this section, "handicapped" means having lost	1677
the use of one or both legs, one or both arms, or any combination	1678
thereof, or being blind or so severely disabled as to be unable to	1679
move about without the aid of crutches or a wheelchair.	1680

Sec. 3501.30. (A) The board of elections shall provide for	1681
each polling place the necessary ballot ~~boxes~~box, official	1682
ballots, cards of instructions, registration forms, pollbooks or	1683
poll lists, tally sheets, forms on which to make summary	1684
statements, writing implements, paper, and all other supplies	1685
necessary for casting and counting the ballots and recording the	1686
results of the voting at the polling place. The pollbooks or poll	1687
lists shall have certificates appropriately printed on them for	1688
the signatures of all the precinct officials, by which they shall	1689
certify that, to the best of their knowledge and belief, the	1690
pollbooks or poll lists correctly show the names of all electors	1691
who voted in the polling place at the election indicated in the	1692
pollbooks or poll lists.	1693

All of the following shall be included among the supplies	1694
provided to each polling place:	1695

(1) A large map of each appropriate precinct, which shall be	1696
displayed prominently to assist persons who desire to register or	1697
vote on election day. Each map shall show all streets within the	1698
precinct and contain identifying symbols of the precinct in bold	1699
print.	1700

(2) Any materials, postings, or instructions required to	1701
comply with state or federal laws;	1702

(3) A flag of the United States approximately two and	1703
one-half feet in length along the top, which shall be displayed	1704
outside the entrance to the polling place during the time it is	1705
open for voting;	1706

(4) Two or more small flags of the United States	1707
approximately fifteen inches in length along the top, which shall	1708
be placed at a distance of ~~one hundred~~fifty feet from the polling	1709
place on the thoroughfares or walkways leading to the polling	1710
place, to mark the distance within which persons other than	1711
election officials, observers, police officers, and electors	1712
waiting to mark, marking, or casting their ballots shall not	1713
loiter, congregate, or engage in any kind of election campaigning.	1714
Where small flags cannot reasonably be placed ~~one hundred~~fifty	1715
feet from the polling place, the ~~presiding election judge~~voting	1716
location manager shall place the flags as near to ~~one hundred~~	1717
fifty feet from the entrance to the polling place as is physically	1718
possible. Police officers and all election officials shall see	1719
that this prohibition against loitering and congregating is	1720
enforced.	1721

When the period of time during which the polling place is	1722
open for voting expires, all of the flags described in this	1723
division shall be taken into the polling place and shall be	1724
returned to the board together with all other election supplies	1725
required to be delivered to the board.	1726

(B) The board of elections shall follow the instructions and	1727
advisories of the secretary of state in the production and use of	1728
polling place supplies.	1729

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	1730
twenty-five thousand dollars for printing and furnishing the	1731
supplies, other than the official ballots, required in section	1732
3501.30 of the Revised Code, shall not be let until the board of	1733
elections has caused notice to be published once in a newspaper of	1734
general circulation within the county or upon notice given by	1735
mail, addressed to the responsible suppliers within the state. The	1736
board of elections may require that each bid be accompanied by a	1737
bond, with at least two individual sureties, or a surety company,	1738
satisfactory to the board, in a sum double the amount of the bid,	1739
conditioned upon the faithful performance of the contract awarded	1740
and for the payment as damages by such bidder to the board of any	1741
excess of cost over the bid which it may be required to pay for	1742
such work by reason of the failure of the bidder to complete the	1743
contract. The contract shall be let to the lowest and best bidder.	1744

Sec. 3501.302. The secretary of state may enter into	1745
agreements for the bulk purchase of election supplies in order to	1746
reduce the costs for such purchases by individual boards of	1747
elections. A board of elections desiring to participate in such	1748
purchase agreements shall file with the secretary of state a	1749
written request for inclusion. A request for inclusion shall	1750
include an agreement to be bound by such terms and conditions as	1751
the secretary of state prescribes and to make direct payments to	1752
the vendor under each purchase agreement.	1753

Sec. 3501.31. The board of elections shall mail to each	1754
precinct election official notice of the date, hours, and place of	1755
holding each election in the official's respective precinct at	1756
which it desires the official to serve. Each of such officials	1757
shall notify the board immediately upon receipt of such notice of	1758
any inability to serve.	1759

The election official designated as ~~presiding judge~~voting	1760
location manager under section 3501.22 of the Revised Code shall	1761
call at the office of the board at such time before the day of the	1762
election, not earlier than the tenth day before the day of the	1763
election, as the board designates to obtain the ballots,	1764
pollbooks, registration forms and lists, and other material to be	1765
used in the official's polling place on election day.	1766

The board may also provide for the delivery of such materials	1767
to polling places in a municipal corporation by members of the	1768
police department of such municipal corporation; or the board may	1769
provide for the delivery of such materials to the ~~presiding judge~~	1770
voting location manager not earlier than the tenth day before the	1771
election, in any manner it finds to be advisable.	1772

On election day the precinct election officials shall	1773
punctually attend the polling place one-half hour before the time	1774
fixed for opening the polls. Each of the precinct election	1775
officials shall thereupon make and subscribe to a statement which	1776
shall be as follows:	1777

"State of Ohio	1778

County of ...............	1779

I do solemnly swear under the penalty of perjury that I will	1780
support the constitution of the United States of America and the	1781
constitution of the state of Ohio and its laws; that I have not	1782
been convicted of a felony or any violation of the election laws;	1783
that I will discharge to the best of my ability the duties of	1784
~~judge of~~precinct election official in and for precinct	1785
.................... in the .................... (township) or	1786
(ward and city or village) .................... in the county of	1787
...................., in the election to be held on the ..........	1788
day of ..............., ....., as required by law and the rules	1789
and instructions of the board of elections of said county; and	1790
that I will endeavor to prevent fraud in such election, and will	1791
report immediately to said board any violations of the election	1792
laws which come to my attention, and will not disclose any	1793
information as to how any elector voted which is gained by me in	1794
the discharge of my official duties.	1795

............................................................	1796

............................................................	1797

............................................................	1798

............................................................	1799

............................................................	1800

............................................................	1801

(Signatures of precinct election officials)"	1802

If any of the other precinct election officials is absent at	1803
that time, the ~~presiding judge~~voting location manager, with the	1804
concurrence of a majority of the precinct election officials	1805
present, shall appoint a qualified elector who is a member of the	1806
same political party as the political party of which such absent	1807
precinct election official is a member to fill the vacancy until	1808
the board appoints a person to fill such vacancy and the person so	1809
appointed reports for duty at the polling place. The ~~presiding~~	1810
~~judge~~voting location manager shall promptly notify the board of	1811
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1812
location manager also shall assign the precinct election officials	1813
to their respective duties and shall have general charge of the	1814
polling place.	1815

Sec. 3501.32. (A) Except as otherwise provided in division	1816
(B) of this section, on the day of the election the polls shall be	1817
opened by proclamation by the ~~presiding judge~~voting location	1818
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1819
voting location manager chosen by the ~~judges~~precinct election	1820
officials, at six-thirty a.m. and shall be closed by proclamation	1821
at seven-thirty p.m. unless there are voters waiting in line to	1822
cast their ballots, in which case the polls shall be kept open	1823
until such waiting voters have voted.	1824

(B) On the day of the election, any polling place located on	1825
an island not connected to the mainland by a highway or a bridge	1826
may close earlier than seven-thirty p.m. if all registered voters	1827
in the precinct have voted. When a polling place closes under	1828
division (B) of this section the ~~presiding judge~~voting location	1829
manager shall immediately notify the board of elections of the	1830
closing.	1831

Sec. 3501.33. All ~~judges of~~precinct election officials	1832
shall enforce peace and good order in and about the place of	1833
registration or election. They shall especially keep the place of	1834
access of the electors to the polling place open and unobstructed	1835
and prevent and stop any improper practices or attempts tending to	1836
obstruct, intimidate, or interfere with any elector in registering	1837
or voting. They shall protect observers against molestation and	1838
violence in the performance of their duties, and may eject from	1839
the polling place any observer for violation of any provision of	1840
Title XXXV of the Revised Code. They shall prevent riots,	1841
violence, tumult, or disorder. In the discharge of these duties,	1842
they may call upon the sheriff, police, or other peace officers to	1843
aid them in enforcing the law. They may order the arrest of any	1844
person violating Title XXXV of the Revised Code, but such an	1845
arrest shall not prevent the person from registering or voting if	1846
the person is entitled to do so. The sheriff, all constables,	1847
police officers, and other officers of the peace shall immediately	1848
obey and aid in the enforcement of any lawful order made by the	1849
precinct election officials in the enforcement of Title XXXV of	1850
the Revised Code.	1851

Sec. 3501.35. (A)(1) During an election and the counting of	1852
the ballots, no person shall do any of the following:	1853

~~(1)~~(a) Loiter, congregate, or engage in any kind of election	1854
campaigning ~~within the area between the polling place and the~~	1855
~~small flags of the United States placed on the thoroughfares and~~	1856
~~walkways leading to the polling place, and if the line of electors~~	1857
~~waiting to vote extends beyond those small flags,~~ within ~~ten~~fifty	1858
feet of ~~any elector in that line~~the entrance to a polling place;	1859

~~(2)~~(b) In any manner hinder or delay an elector in reaching	1860
or leaving the place fixed for casting the elector's ballot;	1861

~~(3)~~(c) Give, tender, or exhibit any ballot or ticket to any	1862
person other than the elector's own ballot to the ~~judge of~~	1863
precinct election officials within the area between the polling	1864
place and the small flags of the United States placed on the	1865
thoroughfares and walkways leading to the polling place, and if	1866
the line of electors waiting to vote extends beyond those small	1867
flags, within ten feet of any elector in that line;	1868

~~(4)~~(d) Exhibit any ticket or ballot which the elector intends	1869
to cast;	1870

~~(5)~~(e) Solicit or in any manner attempt to influence any	1871
elector in casting the elector's vote.	1872

(2) Whoever violates division (A)(1)(a) of this section is	1873
guilty of a minor misdemeanor; if the person refuses to comply	1874
with the judges of election or law enforcement officers who are	1875
enforcing that division, the person is guilty of a misdemeanor of	1876
the first degree.	1877

(B)(1) Except as otherwise provided in division (B)(2) of	1878
this section and division (C) of section 3503.23 of the Revised	1879
Code, no person who is not an election official, employee,	1880
observer, or police officer shall be allowed to enter the polling	1881
place during the election, except for the purpose of voting or	1882
assisting another person to vote as provided in section 3505.24 of	1883
the Revised Code.	1884

(2) Notwithstanding any provision of this section to the	1885
contrary, a journalist shall be allowed reasonable access to a	1886
polling place during an election. As used in this division,	1887
"journalist" has the same meaning as in division (B)(2) of section	1888
2923.129 of the Revised Code.	1889

(C) No more electors shall be allowed to approach the voting	1890
shelves at any time than there are voting shelves provided.	1891

(D) The line of waiting voters and persons loitering,	1892
congregating, or campaigning near that line shall not impede the	1893
normal flow of traffic or access to the entrance or exit of any	1894
business or organization in the vicinity.	1895

(E) The ~~judges of~~precinct election officials and the police	1896
officer shall strictly enforce the observance of this section.	1897

Sec. 3501.37. After each election, the ~~judges of elections~~	1898
precinct election officials of each precinct, except when the	1899
board of elections assumes the duty, shall see that the movable	1900
booths and other equipment are returned for safekeeping to the	1901
fiscal officer of the township or to the clerk or auditor of the	1902
municipal corporation in which the precinct is situated. The	1903
fiscal officer, clerk, or auditor shall have booths and equipment	1904
on hand and in place at the polling places in each precinct before	1905
the time for opening the polls on election days, and for this	1906
service the board may allow the necessary expenses incurred. In	1907
cities, this duty shall devolve on the board.	1908

Sec. 3501.38. All declarations of candidacy, nominating	1909
petitions, or other petitions presented to or filed with the	1910
secretary of state or a board of elections or with any other	1911
public office for the purpose of becoming a candidate for any	1912
nomination or office or for the holding of an election on any	1913
issue shall, in addition to meeting the other specific	1914
requirements prescribed in the sections of the Revised Code	1915
relating to them, be governed by the following rules:	1916

(A) Only electors qualified to vote on the candidacy or issue	1917
which is the subject of the petition shall sign a petition. Each	1918
signer shall be a registered elector pursuant to section ~~3503.11~~	1919
3503.01 of the Revised Code. The facts of qualification shall be	1920
determined as of the date when the petition is filed.	1921

(B) Signatures shall be affixed in ink. Each signer may also	1922
print the signer's name, so as to clearly identify the signer's	1923
signature.	1924

(C) Each signer shall place on the petition after the	1925
signer's name the date of signing and the location of the signer's	1926
voting residence, including the street and number if in a	1927
municipal corporation or the rural route number, post office	1928
address, or township if outside a municipal corporation. The	1929
voting address given on the petition shall be the address	1930
appearing in the registration records at the board of elections.	1931

(D) Except as otherwise provided in section 3501.382 of the	1932
Revised Code, no person shall write any name other than the	1933
person's own on any petition. Except as otherwise provided in	1934
section 3501.382 of the Revised Code, no person may authorize	1935
another to sign for the person. If a petition contains the	1936
signature of an elector two or more times, only the first	1937
signature shall be counted.	1938

(E)(1) On each petition paper, the circulator shall indicate	1939
the number of signatures contained on it, and shall sign a	1940
statement made under penalty of election falsification that the	1941
circulator witnessed the affixing of every signature, that all	1942
signers were to the best of the circulator's knowledge and belief	1943
qualified to sign, and that every signature is to the best of the	1944
circulator's knowledge and belief the signature of the person	1945
whose signature it purports to be or of an attorney in fact acting	1946
pursuant to section 3501.382 of the Revised Code. On the	1947
circulator's statement for a declaration of candidacy or	1948
nominating petition for a person seeking to become a statewide	1949
candidate or for a statewide initiative or a statewide referendum	1950
petition, the circulator shall identify the circulator's name, the	1951
address of the circulator's permanent residence, and the name and	1952
address of the person employing the circulator to circulate the	1953
petition, if any.	1954

(2) As used in division (E) of this section, "statewide	1955
candidate" means the joint candidates for the offices of governor	1956
and lieutenant governor or a candidate for the office of secretary	1957
of state, auditor of state, treasurer of state, or attorney	1958
general.	1959

(F) Except as otherwise provided in section 3501.382 of the	1960
Revised Code, if a circulator knowingly permits an unqualified	1961
person to sign a petition paper or permits a person to write a	1962
name other than the person's own on a petition paper, that	1963
petition paper is invalid; otherwise, the signature of a person	1964
not qualified to sign shall be rejected but shall not invalidate	1965
the other valid signatures on the paper.	1966

(G) The circulator of a petition may, before filing it in a	1967
public office, strike from it any signature the circulator does	1968
not wish to present as a part of the petition.	1969

(H) Any signer of a petition or an attorney in fact acting	1970
pursuant to section 3501.382 of the Revised Code on behalf of a	1971
signer may remove the signer's signature from that petition at any	1972
time before the petition is filed in a public office by striking	1973
the signer's name from the petition; no signature may be removed	1974
after the petition is filed in any public office.	1975

(I)(1) No alterations, corrections, or additions may be made	1976
to a petition after it is filed in a public office.	1977

(2)(a) No declaration of candidacy, nominating petition, or	1978
other petition for the purpose of becoming a candidate may be	1979
withdrawn after it is filed in a public office. Nothing in this	1980
division prohibits a person from withdrawing as a candidate as	1981
otherwise provided by law.	1982

(b) No petition presented to or filed with the secretary of	1983
state, a board of elections, or any other public office for the	1984
purpose of the holding of an election on any question or issue may	1985
be resubmitted after it is withdrawn from a public office. Nothing	1986
in this division prevents a question or issue petition from being	1987
withdrawn by the filing of a written notice of the withdrawal by a	1988
majority of the members of the petitioning committee with the same	1989
public office with which the petition was filed prior to the	1990
sixtieth day before the election at which the question or issue is	1991
scheduled to appear on the ballot.	1992

(J) All declarations of candidacy, nominating petitions, or	1993
other petitions under this section shall be accompanied by the	1994
following statement in boldface capital letters: WHOEVER COMMITS	1995
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1996

(K) All separate petition papers shall be filed at the same	1997
time, as one instrument.	1998

(L) If a board of elections distributes for use a petition	1999
form for a declaration of candidacy, nominating petition, or any	2000
type of question or issue petition that does not satisfy the	2001
requirements of law as of the date of that distribution, the board	2002
shall not invalidate the petition on the basis that the petition	2003
form does not satisfy the requirements of law, if the petition	2004
otherwise is valid. Division (L) of this section applies only if	2005
the candidate received the petition from the board within ninety	2006
days of when the petition is required to be filed.	2007

Sec. 3501.40. In any administrative review of, or legal	2008
proceeding regarding, the actions of any election official under	2009
Title XXXV of the Revised Code, all of the following shall apply:	2010

(A) No election official shall be presumed to have committed	2011
any error in the course of the election official's duties, unless	2012
that error shall be independently proven by the facts of the	2013
administrative review or legal proceeding.	2014

(B) If an election official has been found to have committed	2015
an error with respect to a particular person or set of	2016
circumstances, that election official shall not be presumed to	2017
have committed an error with respect to any other person or set of	2018
circumstances.	2019

(C) If election officials in one precinct, polling location,	2020
or county are found to have committed an error with respect to a	2021
particular person or set of circumstances, that error shall not be	2022
presumed to have occurred in any other precinct, polling location,	2023
or county.	2024

Sec. 3501.50. Any action brought challenging the	2025
constitutionality, legality, or enforcement of any provision of	2026
the Ohio Constitution that governs the election process or any	2027
provision of Title XXXV of the Revised Code shall be deemed to	2028
have been brought against the state, and all of the following	2029
shall apply:	2030

(A) The general assembly shall be notified of the filing of	2031
the action;	2032

(B) The general assembly has the right to intervene in the	2033
action;	2034

(C) The general assembly shall be notified of any proposed	2035
consent decree before the consent decree is agreed to by the	2036
court;	2037

(D) The general assembly has the right to intervene in the	2038
action to object to any proposed consent decree.	2039

Sec. 3503.02. All registrars and ~~judges of elections~~	2040
precinct election officials, in determining the residence of a	2041
person offering to register or vote, shall be governed by the	2042
following rules:	2043

(A) That place shall be considered the residence of a person	2044
in which the person's habitation is fixed and to which, whenever	2045
the person is absent, the person has the intention of returning.	2046

(B) A person shall not be considered to have lost the	2047
person's residence who leaves the person's home and goes into	2048
another state or county of this state, for temporary purposes	2049
only, with the intention of returning.	2050

(C) A person shall not be considered to have gained a	2051
residence in any county of this state into which the person comes	2052
for temporary purposes only, without the intention of making such	2053
county the permanent place of abode.	2054

(D) The place where the family of a married person resides	2055
shall be considered to be the person's place of residence; except	2056
that when the spouses have separated and live apart, the place	2057
where such a spouse resides the length of time required to entitle	2058
a person to vote shall be considered to be the spouse's place of	2059
residence.	2060

(E) If a person removes to another state with the intention	2061
of making such state the person's residence, the person shall be	2062
considered to have lost the person's residence in this state.	2063

(F) Except as otherwise provided in division (G) of this	2064
section, if a person removes from this state and continuously	2065
resides outside this state for a period of four years or more, the	2066
person shall be considered to have lost the person's residence in	2067
this state, notwithstanding the fact that the person may entertain	2068
an intention to return at some future period.	2069

(G) If a person removes from this state to engage in the	2070
services of the United States government, the person shall not be	2071
considered to have lost the person's residence in this state	2072
during the period of such service, and likewise should the person	2073
enter the employment of the state, the place where such person	2074
resided at the time of the person's removal shall be considered to	2075
be the person's place of residence.	2076

(H) If a person goes into another state and while there	2077
exercises the right of a citizen by voting, the person shall be	2078
considered to have lost the person's residence in this state.	2079

(I) If a person does not have a fixed place of habitation,	2080
but has a shelter or other location at which the person has been a	2081
consistent or regular inhabitant and to which the person has the	2082
intention of returning, that shelter or other location shall be	2083
deemed the person's residence for the purpose of registering to	2084
vote.	2085

Sec. 3503.05. The secretary of state shall establish, by	2086
rule, a uniform process for notifying individuals who have	2087
submitted an incomplete voter registration application of the	2088
incomplete status of that application. The process shall permit	2089
such an individual to provide any information required to complete	2090
the application.	2091

Sec. 3503.06. ~~(A)~~ No person shall be entitled to vote at any	2092
election, or to sign ~~or circulate~~ any declaration of candidacy or	2093
any ~~nominating, or recall~~election petition, unless the person is	2094
registered as an elector and will have resided in the county and	2095
precinct where the person is registered for at least thirty days	2096
at the time of the next election.	2097

~~(B)(1) No person shall be entitled to circulate any~~	2098
~~initiative or referendum petition unless the person is a resident~~	2099
~~of this state.~~	2100

~~(2) All election officials, in determining the residence of a~~	2101
~~person circulating a petition under division (B)(1) of this~~	2102
~~section, shall be governed by the following rules:~~	2103

~~(a) That place shall be considered the residence of a person~~	2104
~~in which the person's habitation is fixed and to which, whenever~~	2105
~~the person is absent, the person has the intention of returning.~~	2106

~~(b) A person shall not be considered to have lost the~~	2107
~~person's residence who leaves the person's home and goes into~~	2108
~~another state for temporary purposes only, with the intention of~~	2109
~~returning.~~	2110

~~(c) A person shall not be considered to have gained a~~	2111
~~residence in any county of this state into which the person comes~~	2112
~~for temporary purposes only, without the intention of making that~~	2113
~~county the permanent place of abode.~~	2114

~~(d) If a person removes to another state with the intention~~	2115
~~of making that state the person's residence, the person shall be~~	2116
~~considered to have lost the person's residence in this state.~~	2117

~~(e) Except as otherwise provided in division (B)(2)(f) of~~	2118
~~this section, if a person removes from this state and continuously~~	2119
~~resides outside this state for a period of four years or more, the~~	2120
~~person shall be considered to have lost the person's residence in~~	2121
~~this state, notwithstanding the fact that the person may entertain~~	2122
~~an intention to return at some future period.~~	2123

~~(f) If a person removes from this state to engage in the~~	2124
~~services of the United States government, the person shall not be~~	2125
~~considered to have lost the person's residence in this state~~	2126
~~during the period of that service, and likewise should the person~~	2127
~~enter the employment of the state, the place where that person~~	2128
~~resided at the time of the person's removal shall be considered to~~	2129
~~be the person's place of residence.~~	2130

~~(g) If a person goes into another state and, while there,~~	2131
~~exercises the right of a citizen by voting, the person shall be~~	2132
~~considered to have lost the person's residence in this state.~~	2133

~~(C) No person shall be entitled to sign any initiative or~~	2134
~~referendum petition unless the person is registered as an elector~~	2135
~~and will have resided in the county and precinct where the person~~	2136
~~is registered for at least thirty days at the time of the next~~	2137
~~election.~~	2138

Sec. 3503.14. (A) The secretary of state shall prescribe the	2139
form and content of the registration, change of residence, and	2140
change of name forms used in this state. The forms shall meet the	2141
requirements of the National Voter Registration Act of 1993 and	2142
shall include spaces for all of the following:	2143

(1) The voter's name;

2144

(2) The voter's address;

2145

(3) The current date;

2146

(4) The voter's date of birth;

2147

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

2148

(a) The voter's driver's license number or state	2149
identification card number, if any;	2150

(b) The ~~last four digits of the~~ voter's social security	2151
number, if any;	2152

(c) A copy of a current and valid photo identification, a	2153
copy of a military identification, a copy of a United States	2154
passport, or a copy of a current utility bill, bank statement,	2155
government check, paycheck, or other government document, other	2156
than ~~a notice of an election mailed by a board of elections under~~	2157
~~section 3501.19 of the Revised Code or~~ a notice of voter	2158
registration mailed by a board of elections under section 3503.19	2159
of the Revised Code, that shows the voter's name and address.	2160

(6) The voter's signature.

2161

The registration form shall include a space on which the	2162
person registering an applicant shall sign the person's name and	2163
provide the person's address and a space on which the person	2164
registering an applicant shall name the employer who is employing	2165
that person to register the applicant.	2166

Except for forms prescribed by the secretary of state under	2167
section 3503.11 of the Revised Code, the secretary of state shall	2168
permit boards of elections to produce forms that have subdivided	2169
spaces for each individual alphanumeric character of the	2170
information provided by the voter so as to accommodate the	2171
electronic reading and conversion of the voter's information to	2172
data and the subsequent electronic transfer of that data to the	2173
statewide voter registration database established under section	2174
3503.15 of the Revised Code.	2175

(B) None of the following persons who are registering an	2176
applicant in the course of that official's or employee's normal	2177
duties shall sign the person's name, provide the person's address,	2178
or name the employer who is employing the person to register an	2179
applicant on a form prepared under this section:	2180

(1) An election official;

2181

(2) A county treasurer;

2182

(3) A deputy registrar of motor vehicles;

2183

(4) An employee of a designated agency;

2184

(5) An employee of a public high school;

2185

(6) An employee of a public vocational school;

2186

(7) An employee of a public library;

2187

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

2188

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

2189

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

2190

(11) An employee of an election official.

2191

(C) Except as provided in section 3501.382 of the Revised	2192
Code, any applicant who is unable to sign the applicant's own name	2193
shall make an "X," if possible, which shall be certified by the	2194
signing of the name of the applicant by the person filling out the	2195
form, who shall add the person's own signature. If an applicant is	2196
unable to make an "X," the applicant shall indicate in some manner	2197
that the applicant desires to register to vote or to change the	2198
applicant's name or residence. The person registering the	2199
applicant shall sign the form and attest that the applicant	2200
indicated that the applicant desired to register to vote or to	2201
change the applicant's name or residence.	2202

(D) No registration, change of residence, or change of name	2203
form shall be rejected solely on the basis that a person	2204
registering an applicant failed to sign the person's name or	2205
failed to name the employer who is employing that person to	2206
register the applicant as required under division (A) of this	2207
section.	2208

(E) A voter registration application submitted online through	2209
the internet pursuant to section 3503.20 of the Revised Code is	2210
not required to contain a signature to be considered valid. The	2211
signature obtained under division (B) of that section shall be	2212
considered the applicant's signature for all election and	2213
signature-matching purposes.	2214

(F) As used in this section, "registering an applicant"	2215
includes any effort, for compensation, to provide voter	2216
registration forms or to assist persons in completing or returning	2217
those forms.	2218

Sec. 3503.15. (A)(1) The secretary of state shall establish	2219
and maintain a statewide voter registration database that shall be	2220
administered by the office of the secretary of state and made	2221
continuously available to each board of elections and to other	2222
agencies as authorized by law.	2223

(2)(a) State agencies, including, but not limited to, the	2224
department of health, bureau of motor vehicles, department of job	2225
and family services, and the department of rehabilitation and	2226
corrections, shall provide any information and data to the	2227
secretary of state that the secretary of state considers necessary	2228
in order to maintain the statewide voter registration database	2229
established pursuant to this section, except where prohibited by	2230
federal law or regulation. The secretary of state shall ensure	2231
that any information or data provided to the secretary of state	2232
that is confidential in the possession of the entity providing the	2233
data remains confidential while in the possession of the secretary	2234
of state.	2235

(b) Information provided under this division for maintenance	2236
of the statewide voter registration database shall not be used to	2237
update the name or address of a registered elector. The name or	2238
address of a registered elector shall only be updated as a result	2239
of the elector's actions in filing a notice of change of name,	2240
change of address, or both.	2241

(c) A board of elections shall contact a registered elector	2242
by mail at the address on file with the board to verify the	2243
accuracy of the information in the statewide voter registration	2244
database regarding that elector if information provided under	2245
division (A)(2)(a) of this section identifies a discrepancy	2246
between the information regarding that elector that is maintained	2247
in the statewide voter registration database and maintained by a	2248
state agency.	2249

(3) The secretary of state may enter into agreements to share	2250
information or data with other states or groups of states, as the	2251
secretary of state considers necessary, in order to maintain the	2252
statewide voter registration database established pursuant to this	2253
section. Except as otherwise provided in this division, the	2254
secretary of state shall ensure that any information or data	2255
provided to the secretary of state that is confidential in the	2256
possession of the state providing the data remains confidential	2257
while in the possession of the secretary of state. The secretary	2258
of state may provide such otherwise confidential information or	2259
data to persons or organizations that are engaging in legitimate	2260
governmental purposes related to the maintenance of the statewide	2261
voter registration database.	2262

(B) The statewide voter registration database established	2263
under this section shall be the official list of registered voters	2264
for all elections conducted in this state.	2265

(C) The statewide voter registration database established	2266
under this section shall, at a minimum, include all of the	2267
following:	2268

(1) An electronic network that connects all board of	2269
elections offices with the office of the secretary of state and	2270
with the offices of all other boards of elections;	2271

(2) A computer program that harmonizes the records contained	2272
in the database with records maintained by each board of	2273
elections;	2274

(3) An interactive computer program that allows access to the	2275
records contained in the database by each board of elections and	2276
by any persons authorized by the secretary of state to add,	2277
delete, modify, or print database records, and to conduct updates	2278
of the database;	2279

(4) A search program capable of verifying registered voters	2280
and their registration information by name, driver's license	2281
number, birth date, social security number, state identification	2282
number, or current address;	2283

(5) Safeguards and components to ensure that the integrity,	2284
security, and confidentiality of the voter registration	2285
information is maintained.	2286

(D) The secretary of state shall adopt rules pursuant to	2287
Chapter 119. of the Revised Code doing all of the following:	2288

(1) Specifying the manner in which existing voter	2289
registration records maintained by boards of elections shall be	2290
converted to electronic files for inclusion in the statewide voter	2291
registration database;	2292

(2) Establishing a uniform method for entering voter	2293
registration records into the statewide voter registration	2294
database on an expedited basis, but not less than once per day, if	2295
new registration information is received;	2296

(3) Establishing a uniform method for purging canceled voter	2297
registration records from the statewide voter registration	2298
database in accordance with section 3503.21 of the Revised Code;	2299

(4) Specifying the persons authorized to add, delete, modify,	2300
or print records contained in the statewide voter registration	2301
database and to make updates of that database;	2302

(5) Establishing a process for annually auditing the	2303
information contained in the statewide voter registration	2304
database;	2305

(6) Establishing a uniform method for addressing instances in	2306
which records contained in the statewide voter registration	2307
database do not conform with records maintained by the bureau of	2308
motor vehicles.	2309

(E) A ~~board of elections promptly shall purge a~~ voter's name	2310
and voter registration information shall be purged from the	2311
statewide voter registration database in accordance with the rules	2312
adopted by the secretary of state under division (D)(3) of this	2313
section after the cancellation of a voter's registration under	2314
section 3503.21 of the Revised Code. The secretary of state shall	2315
notify the applicable board of elections of each voter from that	2316
county that the secretary of state has purged from the statewide	2317
voter registration database.	2318

(F) The secretary of state shall provide training in the	2319
operation of the statewide voter registration database to each	2320
board of elections and to any persons authorized by the secretary	2321
of state to add, delete, modify, or print database records, and to	2322
conduct updates of the database.	2323

(G)(1) The statewide voter registration database established	2324
under this section shall be made available on a web site of the	2325
office of the secretary of state as follows:	2326

(a) Except as otherwise provided in division (G)(1)(b) of	2327
this section, ~~only~~ the following information from the statewide	2328
voter registration database regarding a registered voter shall be	2329
made available on the web site:	2330

(i) The voter's name;

2331

(ii) The voter's address;

2332

(iii) The voter's precinct number;

2333

(iv) The voter's voting history.

2334

(b) During the thirty days before the day of a primary or	2335
general election, the web site interface of the statewide voter	2336
registration database shall permit a voter to search for the	2337
polling location at which that voter may cast a ballot.	2338

(2) The secretary of state shall establish, by rule adopted	2339
under Chapter 119. of the Revised Code, a process for boards of	2340
elections to notify the secretary of state of changes in the	2341
locations of precinct polling places for the purpose of updating	2342
the information made available on the secretary of state's web	2343
site under division (G)(1)(b) of this section. Those rules shall	2344
require a board of elections, during the thirty days before the	2345
day of a primary or general election, to notify the secretary of	2346
state within one business day of any change to the location of a	2347
precinct polling place within the county.	2348

(3) During the thirty days before the day of a primary or	2349
general election, not later than one business day after receiving	2350
a notification from a county pursuant to division (G)(2) of this	2351
section that the location of a precinct polling place has changed,	2352
the secretary of state shall update that information on the	2353
secretary of state's web site for the purpose of division	2354
(G)(1)(b) of this section.	2355

Sec. 3503.16. (A) Whenever a registered elector changes the	2356
place of residence of that registered elector from one precinct to	2357
another within a county or from one county to another, or has a	2358
change of name, that registered elector shall report the change by	2359
delivering a change of residence or change of name form, whichever	2360
is appropriate, as prescribed by the secretary of state under	2361
section 3503.14 of the Revised Code to the state or local office	2362
of a designated agency, a public high school or vocational school,	2363
a public library, the office of the county treasurer, the office	2364
of the secretary of state, any office of the registrar or deputy	2365
registrar of motor vehicles, or any office of a board of elections	2366
in person or by a third person. Any voter registration, change of	2367
address, or change of name application, returned by mail, may be	2368
sent only to the secretary of state or the board of elections.	2369

A registered elector also may update the registration of that	2370
registered elector by filing a change of residence or change of	2371
name form on the day of a special, primary, or general election at	2372
the polling place in the precinct in which that registered elector	2373
resides or at the board of elections ~~or at another site designated~~	2374
~~by the board~~.	2375

(B)(1)(a) Any registered elector who moves within a precinct	2376
on or prior to the day of a general, primary, or special election	2377
and has not filed a notice of change of residence with the board	2378
of elections may vote in that election by going to that registered	2379
elector's assigned polling place in the precinct in which the	2380
registered elector resides, completing and signing a notice of	2381
change of residence, showing identification in the form of a	2382
current and valid photo identification, a military identification,	2383
a United States passport, or a copy of a current utility bill,	2384
bank statement, government check, paycheck, or other government	2385
document, other than ~~a notice of an election mailed by a board of~~	2386
~~elections under section 3501.19 of the Revised Code or~~ a notice of	2387
voter registration mailed by a board of elections under section	2388
3503.19 of the Revised Code, that shows the name and current	2389
address of the elector, and casting a ballot. ~~If the elector~~	2390
~~provides either a driver's license or a state identification card~~	2391
~~issued under section 4507.50 of the Revised Code that does not~~	2392
~~contain the elector's current residence address, the elector shall~~	2393
~~provide the last four digits of the elector's driver's license~~	2394
~~number or state identification card number, and the precinct~~	2395
~~election official shall mark the poll list or signature pollbook~~	2396
~~to indicate that the elector has provided a driver's license or~~	2397
~~state identification card number with a former address and record~~	2398
~~the last four digits of the elector's driver's license number or~~	2399
~~state identification card number.~~	2400

(b) Any registered elector who changes the name of that	2401
registered elector and remains within a precinct on or prior to	2402
the day of a general, primary, or special election and has not	2403
filed a notice of change of name with the board of elections may	2404
vote in that election by going to that registered elector's	2405
assigned polling place in the precinct in which the registered	2406
elector resides, completing and signing a notice of a change of	2407
name, showing the identification required by division (B)(1)(a) of	2408
this section, and casting a ~~provisional~~ ballot ~~under section~~	2409
~~3505.181 of the Revised Code~~.	2410

(2) Any registered elector who moves from one precinct to	2411
another within a county or moves from one precinct to another and	2412
changes the name of that registered elector on or prior to the day	2413
of a general, primary, or special election and has not filed a	2414
notice of change of residence or change of name, whichever is	2415
appropriate, with the board of elections may vote in that election	2416
if that registered elector complies with division (G) of this	2417
section or does all of the following:	2418

(a) Appears ~~at anytime~~ during ~~regular business hours on or~~	2419
~~after the twenty-eighth day prior to the election in which that~~	2420
~~registered elector wishes to vote or, if the election is held on~~	2421
~~the day of a presidential primary election, the twenty-fifth day~~	2422
~~prior to the election, through noon of the Saturday prior to the~~	2423
~~election~~the time that absent voter's ballots may be cast in	2424
person at the office of the board of elections~~, appears at any~~	2425
~~time during regular business hours on the Monday prior to the~~	2426
~~election at the office of the board of elections,~~or, if pursuant	2427
to division (C)(2) of section 3501.10 of the Revised Code the	2428
board has designated another location at which registered electors	2429
may cast absent voter's ballots in person before an election, at	2430
that other location instead of the office of the board of	2431
elections, or appears on the day of the election at either of the	2432
following locations:	2433

(i) The polling place in the precinct in which that	2434
registered elector resides;	2435

(ii) The office of the board of elections ~~or, if pursuant to~~	2436
~~division (C) of section 3501.10 of the Revised Code the board has~~	2437
~~designated another location in the county at which registered~~	2438
~~electors may vote, at that other location instead of the office of~~	2439
~~the board of elections~~.	2440

(b) Completes and signs, under penalty of election	2441
falsification, the written affirmation on the provisional ballot	2442
envelope, which shall serve as a notice of change of residence or	2443
change of name, whichever is appropriate~~, and files it with~~	2444
~~election officials at the polling place, at the office of the~~	2445
~~board of elections, or, if pursuant to division (C) of section~~	2446
~~3501.10 of the Revised Code the board has designated another~~	2447
~~location in the county at which registered electors may vote, at~~	2448
~~that other location instead of the office of the board of~~	2449
~~elections~~, whichever is appropriate;	2450

(c) Votes a provisional ballot under section 3505.181 of the	2451
Revised Code at the polling place,in the precinct in which the	2452
registered elector resides, at the office of the board of	2453
elections, or, if pursuant to division (C)(2) of section 3501.10	2454
of the Revised Code the board has designated another location in	2455
the county at which registered electors may ~~vote~~cast absent	2456
voter's ballots in person before an election, at that other	2457
location instead of the office of the board of elections,	2458
whichever is appropriate, using the address to which that	2459
registered elector has moved or the name of that registered	2460
elector as changed, whichever is appropriate;	2461

(d) Completes and signs, under penalty of election	2462
falsification, a statement attesting that that registered elector	2463
moved or had a change of name, whichever is appropriate, on or	2464
prior to the day of the election, has voted a provisional ballot	2465
at the polling place in the precinct in which that registered	2466
elector resides, at the office of the board of elections, or, if	2467
pursuant to division (C)(2) of section 3501.10 of the Revised Code	2468
the board has designated another location in the county at which	2469
registered electors may ~~vote~~cast absent voter's ballots in person	2470
before an election, at that other location instead of the office	2471
of the board of elections, whichever is appropriate, and will not	2472
vote or attempt to vote at any other location for that particular	2473
election. ~~The statement required under division (B)(2)(d) of this~~	2474
~~section shall be included on the notice of change of residence or~~	2475
~~change of name, whichever is appropriate, required under division~~	2476
~~(B)(2)(b) of this section.~~	2477

(C) Any registered elector who moves from one county to	2478
another county within the state or moves from one county to	2479
another and changes the name of that registered elector on or	2480
prior to the day of a general, primary, or special election and	2481
has not registered to vote in the county to which that registered	2482
elector moved may vote in that election if that registered elector	2483
complies with division (G) of this section or does all of the	2484
following:	2485

(1) Appears ~~at any time~~ during ~~regular business hours on or~~	2486
~~after the twenty-eighth day prior to the election in which that~~	2487
~~registered elector wishes to vote or, if the election is held on~~	2488
~~the day of a presidential primary election, the twenty-fifth day~~	2489
~~prior to the election, through noon of the Saturday prior to the~~	2490
~~election~~the time that absent voter's ballots may be cast in	2491
person at the office of the board of elections or, if pursuant to	2492
division (C)(2) of section 3501.10 of the Revised Code the board	2493
has designated another location in the county at which registered	2494
electors may ~~vote~~cast absent voter's ballots in person before an	2495
election, at that other location instead of the office of the	2496
board of elections, ~~appears during regular business hours on the~~	2497
~~Monday prior to the election at the office of the board of~~	2498
~~elections or, if pursuant to division (C) of section 3501.10 of~~	2499
~~the Revised Code the board has designated another location in the~~	2500
~~county at which registered electors may vote, at that other~~	2501
~~location instead of the office of the board of elections,~~ or	2502
appears on the day of the election at ~~the~~either of the following	2503
locations:	2504

(a) The polling place in the precinct in which that elector	2505
resides;	2506

(b) The office of the board of elections ~~or, if pursuant to~~	2507
~~division (C) of section 3501.10 of the Revised Code the board has~~	2508
~~designated another location in the county at which registered~~	2509
~~electors may vote, at that other location instead of the office of~~	2510
~~the board of elections~~;	2511

(2) Completes and signs, under penalty of election	2512
falsification, the written affirmation on the provisional ballot	2513
envelope, which shall serve as a notice of change of residence	2514
~~and files it with election officials at the board of elections or,~~	2515
~~if pursuant to division (C) of section 3501.10 of the Revised Code~~	2516
~~the board has designated another location in the county at which~~	2517
~~registered electors may vote, at that other location instead of~~	2518
~~the office of the board of elections~~or change of name, whichever	2519
is appropriate;	2520

(3) Votes a provisional ballot under section 3505.181 of the	2521
Revised Code at the polling place in which the registered elector	2522
resides, at the office of the board of elections or, if pursuant	2523
to division (C)(2) of section 3501.10 of the Revised Code the	2524
board has designated another location in the county at which	2525
registered electors may ~~vote~~cast absent voter's ballots in person	2526
before an election, at that other location instead of the office	2527
of the board of elections, using the address to which that	2528
registered elector has moved or the name of that registered	2529
elector as changed, whichever is appropriate;	2530

(4) Completes and signs, under penalty of election	2531
falsification, a statement attesting that that registered elector	2532
has moved from one county to another county within the state or	2533
moved from one county to another and changed the elector's name,	2534
whichever is appropriate, on or prior to the day of the election,	2535
has voted at the office of the board of elections or, if pursuant	2536
to division (C)(2) of section 3501.10 of the Revised Code the	2537
board has designated another location in the county at which	2538
registered electors may ~~vote~~cast absent voter's ballots in person	2539
before an election, at that other location instead of the office	2540
of the board of elections, and will not vote or attempt to vote at	2541
any other location for that particular election. ~~The statement~~	2542
~~required under division (C)(4) of this section shall be included~~	2543
~~on the notice of change of residence required under division~~	2544
~~(C)(2) of this section.~~	2545

(D) A person who votes by absent voter's ballots pursuant to	2546
division (G) of this section shall not make written application	2547
for the ballots pursuant to Chapter 3509. of the Revised Code.	2548
Ballots cast pursuant to division (G) of this section shall be set	2549
aside in a special envelope and counted during the official	2550
canvass of votes in the manner provided for in sections 3505.32	2551
and 3509.06 of the Revised Code insofar as that manner is	2552
applicable. The board shall examine the pollbooks to verify that	2553
no ballot was cast at the polls or by absent voter's ballots under	2554
Chapter 3509. or 3511. of the Revised Code by an elector who has	2555
voted by absent voter's ballots pursuant to division (G) of this	2556
section. Any ballot determined to be insufficient for any of the	2557
reasons stated above or stated in section 3509.07 of the Revised	2558
Code shall not be counted.	2559

~~Subject to division (C) of section 3501.10 of the Revised~~	2560
~~Code, a board of elections may lease or otherwise acquire a site~~	2561
~~different from the office of the board at which registered~~	2562
~~electors may vote pursuant to division (B) or (C) of this section.~~	2563

(E) Upon receiving a change of residence or change of name	2564
form, the board of elections shall immediately send the registrant	2565
an acknowledgment notice. If the change of residence or change of	2566
name form is valid, the board shall update the voter's	2567
registration as appropriate. If that form is incomplete, the board	2568
shall inform the registrant in the acknowledgment notice specified	2569
in this division of the information necessary to complete or	2570
update that registrant's registration.	2571

(F) Change of residence and change of name forms shall be	2572
available at each polling place, and when these forms are	2573
completed, noting changes of residence or name, as appropriate,	2574
they shall be filed with election officials at the polling place.	2575
Election officials shall return completed forms, together with the	2576
pollbooks and tally sheets, to the board of elections.	2577

The board of elections shall provide change of residence and	2578
change of name forms to the probate court and court of common	2579
pleas. The court shall provide the forms to any person eighteen	2580
years of age or older who has a change of name by order of the	2581
court or who applies for a marriage license. The court shall	2582
forward all completed forms to the board of elections within five	2583
days after receiving them.	2584

(G) A registered elector who otherwise would qualify to vote	2585
under division (B) or (C) of this section but is unable to appear	2586
at the office of the board of elections or, if pursuant to	2587
division (C)(2) of section 3501.10 of the Revised Code the board	2588
has designated another location in the county at which registered	2589
electors may ~~vote~~cast absent voter's ballots in person before an	2590
election, at that other location, on account of personal illness,	2591
physical disability, or infirmity, may vote on the day of the	2592
election if that registered elector does all of the following:	2593

(1) Makes a written application that includes all of the	2594
information required under section 3509.03 of the Revised Code to	2595
the appropriate board for an absent voter's ballot on or after the	2596
~~twenty-seventh~~twenty-first day prior to the election in which the	2597
registered elector wishes to vote through ~~noon~~six p.m. of the	2598
~~Saturday~~Friday prior to that election and requests that the	2599
absent voter's ballot be sent to the address to which the	2600
registered elector has moved if the registered elector has moved,	2601
or to the address of that registered elector who has not moved but	2602
has had a change of name;	2603

(2) Declares that the registered elector has moved or had a	2604
change of name, whichever is appropriate, and otherwise is	2605
qualified to vote under the circumstances described in division	2606
(B) or (C) of this section, whichever is appropriate, but that the	2607
registered elector is unable to appear at the board of elections	2608
because of personal illness, physical disability, or infirmity;	2609

(3) Completes and returns along with the completed absent	2610
voter's ballot a notice of change of residence indicating the	2611
address to which the registered elector has moved, or a notice of	2612
change of name, whichever is appropriate;	2613

(4) Completes and signs, under penalty of election	2614
falsification, a statement attesting that the registered elector	2615
has moved or had a change of name on or prior to the day before	2616
the election, has voted by absent voter's ballot because of	2617
personal illness, physical disability, or infirmity that prevented	2618
the registered elector from appearing at the board of elections,	2619
and will not vote or attempt to vote at any other location or by	2620
absent voter's ballot mailed to any other location or address for	2621
that particular election.	2622

Sec. 3503.18. (A)(1) The chief health officer of each	2623
political subdivision and the director of health shall file with	2624
the secretary of state and each board of elections, at least once	2625
each month, the names, social security numbers, dates of birth,	2626
dates of death, and residences of all persons, over eighteen years	2627
of age, who have died within such subdivision or within this state	2628
or another state, respectively, within such month.	2629

(2) The secretary of state and the director of health shall	2630
jointly establish a secure electronic system through which they	2631
shall exchange the information described in division (A)(1) of	2632
this section regarding the death of a registered elector.	2633

(B) At least once each month, each probate judge in this	2634
state shall file with the board of elections the names and	2635
residence addresses of all persons over eighteen years of age who	2636
have been adjudicated incompetent for the purpose of voting, as	2637
provided in section 5122.301 of the Revised Code. At	2638

(C) At least once each month the clerk of the court of common	2639
pleas shall file with the board the names and residence addresses	2640
of all persons who have been convicted during the previous month	2641
of crimes that would disfranchise such persons under existing laws	2642
of the state. Reports of conviction of crimes under the laws of	2643
the United States that would disfranchise an elector and that are	2644
provided to the secretary of state by any United States attorney	2645
shall be forwarded by the secretary of state to the appropriate	2646
board of elections.	2647

(D) Upon receiving a report required by this section, the	2648
~~board of elections shall promptly cancel the~~ registration of each	2649
elector named in the report shall be promptly canceled by the	2650
secretary of state or the board of elections, as applicable. If a	2651
board of elections receives the report, and the report contains a	2652
residence address of an elector in a county other than the county	2653
in which the board of elections is located, the director shall	2654
promptly send a copy of the report to the appropriate board of	2655
elections, which shall cancel the registration.	2656

Sec. 3503.19. (A) Persons qualified to register or to change	2657
their registration because of a change of address or change of	2658
name may register or change their registration in person or	2659
through another person at any state or local office of a	2660
designated agency, at the office of the registrar or any deputy	2661
registrar of motor vehicles, at a public high school or vocational	2662
school, at a public library, at the office of a county treasurer,	2663
or at a branch office established by the board of elections, or in	2664
person, through another person, or by mail at the office of the	2665
secretary of state or at the office of a board of elections. A	2666
registered elector may also change the elector's registration on	2667
election day at any polling place where the elector is eligible to	2668
vote, in the manner provided under section 3503.16 of the Revised	2669
Code.	2670

Any state or local office of a designated agency, the office	2671
of the registrar or any deputy registrar of motor vehicles, a	2672
public high school or vocational school, a public library, or the	2673
office of a county treasurer shall transmit any voter registration	2674
application or change of registration form that it receives to the	2675
board of elections of the county in which the state or local	2676
office is located, within five business days after receiving the	2677
voter registration application or change of registration form.	2678

An otherwise valid voter registration application that is	2679
returned to the appropriate office other than by mail must be	2680
received by a state or local office of a designated agency, the	2681
office of the registrar or any deputy registrar of motor vehicles,	2682
a public high school or vocational school, a public library, the	2683
office of a county treasurer, the office of the secretary of	2684
state, or the office of a board of elections no later than the	2685
thirtieth day preceding a primary, special, or general election	2686
for the person to qualify as an elector eligible to vote at that	2687
election. An otherwise valid registration application received	2688
after that day entitles the elector to vote at all subsequent	2689
elections.	2690

Any state or local office of a designated agency, the office	2691
of the registrar or any deputy registrar of motor vehicles, a	2692
public high school or vocational school, a public library, or the	2693
office of a county treasurer shall date stamp a registration	2694
application or change of name or change of address form it	2695
receives using a date stamp that does not disclose the identity of	2696
the state or local office that receives the registration.	2697

Voter registration applications, if otherwise valid, that are	2698
returned by mail to the office of the secretary of state or to the	2699
office of a board of elections must be postmarked no later than	2700
the thirtieth day preceding a primary, special, or general	2701
election in order for the person to qualify as an elector eligible	2702
to vote at that election. If an otherwise valid voter registration	2703
application that is returned by mail does not bear a postmark or a	2704
legible postmark, the registration shall be valid for that	2705
election if received by the office of the secretary of state or	2706
the office of a board of elections no later than twenty-five days	2707
preceding any special, primary, or general election.	2708

(B)(1) Any person may apply in person, by telephone, by mail,	2709
or through another person for voter registration forms to the	2710
office of the secretary of state or the office of a board of	2711
elections. An individual who is eligible to vote as a uniformed	2712
services voter or an overseas voter in accordance with 42 U.S.C.	2713
1973ff-6 also may apply for voter registration forms by electronic	2714
means to the office of the secretary of state or to the board of	2715
elections of the county in which the person's voting residence is	2716
located pursuant to section 3503.191 of the Revised Code.	2717

(2)(a) An applicant may return the applicant's completed	2718
registration form in person or ~~by mail~~through another person to	2719
any state or local office of a designated agency, to a public high	2720
school or vocational school, to a public library, to the office of	2721
a county treasurer, to the office of the secretary of state, or to	2722
the office of a board of elections. An applicant who is eligible	2723
to vote as a uniformed services voter or an overseas voter in	2724
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2725
completed voter registration form electronically to the office of	2726
the secretary of state or to the board of elections of the county	2727
in which the person's voting residence is located pursuant to	2728
section 3503.191 of the Revised Code.	2729

(b) Subject to division (B)(2)(c) of this section, an	2730
applicant may return the applicant's completed registration form	2731
by mail or through another person to any board of elections or the	2732
office of the secretary of state.	2733

(c) A person who receives compensation for registering a	2734
voter shall return any registration form entrusted to that person	2735
by an applicant to any board of elections or to the office of the	2736
secretary of state.	2737

(d) If a board of elections or the office of the secretary of	2738
state receives a registration form under division (B)(2)(b) or (c)	2739
of this section before the thirtieth day before an election, the	2740
board or the office of the secretary of state, as applicable,	2741
shall forward the registration to the board of elections of the	2742
county in which the applicant is seeking to register to vote	2743
within ten days after receiving the application. If a board of	2744
elections or the office of the secretary of state receives a	2745
registration form under division (B)(2)(b) or (c) of this section	2746
on or after the thirtieth day before an election, the board or the	2747
office of the secretary of state, as applicable, shall forward the	2748
registration to the board of elections of the county in which the	2749
applicant is seeking to register to vote within thirty days after	2750
that election.	2751

(C)(1) A board of elections that receives a voter	2752
registration application and is satisfied as to the truth of the	2753
statements made in the registration form shall register the	2754
applicant not later than twenty business days after receiving the	2755
application, unless that application is received during the thirty	2756
days immediately preceding the day of an election. The board shall	2757
promptly notify the applicant in writing of each of the following:	2758

(a) The applicant's registration;

2759

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

2760

2761

"Voters must bring identification to the polls in order to	2762
verify identity. Identification may include a current and valid	2763
photo identification, a military identification, a United States	2764
passport, or a copy of a current utility bill, bank statement,	2765
government check, paycheck, or other government document, other	2766
than this notification ~~or a notification of an election mailed by~~	2767
~~a board of elections~~, that shows the voter's name and current	2768
address. Voters who do not provide one of these documents will	2769
still be able to vote by providing ~~the last four digits of~~ the	2770
voter's social security number and by casting a provisional	2771
ballot. ~~Voters who do not have any of the above forms of~~	2772
~~identification, including a social security number, will still be~~	2773
~~able to vote by signing an affirmation swearing to the voter's~~	2774
~~identity under penalty of election falsification and by casting a~~	2775
~~provisional ballot.~~"	2776

The notification shall be by nonforwardable mail. If the mail	2777
is returned to the board, it shall investigate and cause the	2778
notification to be delivered to the correct address.	2779

(2) If, after investigating as required under division (C)(1)	2780
of this section, the board is unable to verify the voter's correct	2781
address, it shall cause the voter's name in the official	2782
registration list and in the poll list or signature pollbook to be	2783
marked to indicate that the voter's notification was returned to	2784
the board.	2785

At the first election at which a voter whose name has been so	2786
marked appears to vote, the voter shall be required to provide	2787
identification to the election officials and to vote by	2788
provisional ballot under section 3505.181 of the Revised Code. If	2789
the provisional ballot is counted pursuant to division (B)(3) of	2790
section 3505.183 of the Revised Code, the board shall correct that	2791
voter's registration, if needed, and shall remove the indication	2792
that the voter's notification was returned from that voter's name	2793
on the official registration list and on the poll list or	2794
signature pollbook. If the provisional ballot is not counted	2795
pursuant to division (B)(4)(a)(i),or (v)~~, or (vi)~~ of section	2796
3505.183 of the Revised Code, the voter's registration shall be	2797
canceled. The board shall notify the voter by United States mail	2798
of the cancellation.	2799

(3) If a notice of the disposition of an otherwise valid	2800
registration application is sent by nonforwardable mail and is	2801
returned undelivered, the person shall be registered as provided	2802
in division (C)(2) of this section and sent a confirmation notice	2803
by forwardable mail. If the person fails to respond to the	2804
confirmation notice, update the person's registration, or vote by	2805
provisional ballot as provided in division (C)(2) of this section	2806
in any election during the period of two federal elections	2807
subsequent to the mailing of the confirmation notice, the person's	2808
registration shall be canceled.	2809

Sec. 3503.20. (A) The secretary of state, by rule, shall	2810
establish a secure online process for voter registration. The	2811
rules shall provide for all of the following:	2812

(1) An applicant to submit a voter registration application	2813
to the secretary of state online through the internet;	2814

(2) The online applicant to be registered to vote, if all of	2815
the following apply:	2816

(a) The application contains all of the required information,	2817
including the applicant's social security number;	2818

(b) The applicant is qualified to register to vote; and

2819

(c) The applicant attests to the truth and accuracy of the	2820
information submitted in the online application under penalty of	2821
election falsification using the applicant's Ohio driver's license	2822
number or the number of the applicant's Ohio identification card	2823
as proof of the applicant's identity.	2824

(B) If an individual registers to vote or a registered	2825
elector updates the elector's name, address, or both under this	2826
section, the secretary of state shall obtain an electronic copy of	2827
the applicant's or elector's signature that is on file with the	2828
bureau of motor vehicles. That electronic signature shall be used	2829
as the applicant's or elector's signature on voter registration	2830
records, for all election and signature-matching purposes.	2831

(C) The secretary of state shall employ whatever security	2832
measures the secretary considers necessary to ensure the integrity	2833
and accuracy of voter registration information submitted	2834
electronically pursuant to this section.	2835

(D) The online voter registration application established	2836
under division (A) of this section shall include the following	2837
language:	2838

"By clicking the box below, I affirm all of the following	2839
under penalty of election falsification:	2840

(1) I am the person whose name and identifying information is	2841
provided on this form, and I desire to register to vote, or update	2842
my voter registration, in the State of Ohio.	2843

(2) All of the information I have provided on this form is	2844
true and correct as of the date I am submitting this form.	2845

(3) I authorize the Bureau of Motor Vehicles to transmit to	2846
the Ohio Secretary of State my signature that is on file with the	2847
Bureau of Motor Vehicles, and I understand and agree that the	2848
signature transmitted by the Bureau of Motor Vehicles will be used	2849
by the Secretary of State to validate this electronic voter	2850
registration application as if I had signed this form personally."	2851

In order to register to vote or update a voter registration	2852
under division (A) of this section, an applicant or elector shall	2853
be required to mark the box in the online voter registration	2854
application that appears in conjunction with the previous	2855
statement.	2856

(E) The online voter registration process established under	2857
division (A) of this section shall be in operation and available	2858
for use by individuals who wish to register to vote or update	2859
their voter registration information online not later than July 1,	2860
2012.	2861

Sec. 3503.21. (A) The registration of a registered elector	2862
shall be canceled upon the occurrence of any of the following:	2863

(1) The filing by a registered elector of a written request	2864
with a board of elections, on a form prescribed by the secretary	2865
of state and signed by the elector, that the registration be	2866
canceled. The filing of such a request does not prohibit an	2867
otherwise qualified elector from reregistering to vote at any	2868
time.	2869

(2) The filing of a notice of the death of a registered	2870
elector as provided in section 3503.18 of the Revised Code;	2871

(3) The filing with the board of elections of a certified	2872
copy of the death certificate of a registered elector by the	2873
deceased elector's spouse, parent, or child, by the administrator	2874
of the deceased elector's estate, or by the executor of the	2875
deceased elector's will;	2876

(4) The conviction of the registered elector of a felony	2877
under the laws of this state, any other state, or the United	2878
States as provided in section 2961.01 of the Revised Code;	2879

~~(3)~~(5) The adjudication of incompetency of the registered	2880
elector for the purpose of voting as provided in section 5122.301	2881
of the Revised Code;	2882

~~(5)~~(6) The change of residence of the registered elector to a	2883
location outside the county of registration in accordance with	2884
division (B) of this section;	2885

~~(6)~~(7) The failure of the registered elector, after having	2886
been mailed a confirmation notice, to do either of the following:	2887

(a) Respond to such a notice and vote at least once during a	2888
period of four consecutive years, which period shall include two	2889
general federal elections;	2890

(b) Update the elector's registration and vote at least once	2891
during a period of four consecutive years, which period shall	2892
include two general federal elections.	2893

(B)(1) The secretary of state shall prescribe procedures to	2894
identify and cancel the registration in a prior county of	2895
residence of any registrant who changes the registrant's voting	2896
residence to a location outside the registrant's current county of	2897
registration. Any procedures prescribed in this division shall be	2898
uniform and nondiscriminatory, and shall comply with the Voting	2899
Rights Act of 1965. The secretary of state may prescribe	2900
procedures under this division that include the use of the	2901
national change of address service provided by the United States	2902
postal system through its licensees. Any program so prescribed	2903
shall be completed not later than ninety days prior to the date of	2904
any primary or general election for federal office.	2905

(2) The registration of any elector identified as having	2906
changed the elector's voting residence to a location outside the	2907
elector's current county of registration shall not be canceled	2908
unless the registrant is sent a confirmation notice on a form	2909
prescribed by the secretary of state and the registrant fails to	2910
respond to the confirmation notice or otherwise update the	2911
registration and fails to vote in any election during the period	2912
of two federal elections subsequent to the mailing of the	2913
confirmation notice.	2914

(C) The registration of a registered elector shall not be	2915
canceled except as provided in this section, division (Q) of	2916
section 3501.05 of the Revised Code, division (C)(2) of section	2917
3503.19 of the Revised Code, or division (C) of section 3503.24 of	2918
the Revised Code.	2919

(D) ~~Boards of elections shall send their voter registration~~	2920
~~information to the secretary of state as required under section~~	2921
~~3503.15 of the Revised Code.~~ In the first quarter of each	2922
~~odd-numbered~~ year, ~~the secretary of state~~each board of elections	2923
shall send the voter-registration information of each person	2924
registered to vote in the applicable county to the national change	2925
of address service described in division (B) of this section and	2926
request that service to provide the ~~secretary of state~~board of	2927
elections with a list of any voters sent by the ~~secretary of~~	2928
~~state~~board of elections who have moved within the last ~~thirty-six~~	2929
twelve months. ~~The secretary of state shall transmit to each~~	2930
~~appropriate board of elections whatever lists the secretary of~~	2931
~~state receives~~Upon receipt of a response from that service~~. The~~,	2932
the board shall send a notice to each person on the list	2933
transmitted by ~~the secretary of state~~that service requesting	2934
confirmation of the person's change of address, together with a	2935
postage prepaid, preaddressed return envelope containing a form on	2936
which the voter may verify or correct the change of address	2937
information.	2938

(E) The registration of a registered elector described in	2939
division (A)~~(6)~~(7) or (B)(2) of this section shall be canceled not	2940
later than one hundred twenty days after the date of the second	2941
general federal election in which the elector fails to vote or not	2942
later than one hundred twenty days after the expiration of the	2943
four-year period in which the elector fails to vote or respond to	2944
a confirmation notice, whichever is later.	2945

Sec. 3503.22. A board of elections may send an acknowledgment	2946
notice as prescribed by the secretary of state to any registered	2947
elector at any time to facilitate the maintenance and accuracy of	2948
the statewide voter registration database.	2949

Sec. 3503.24. (A) Application for the correction of any	2950
precinct registration list or a challenge of the right to vote of	2951
any registered elector may be made by any qualified elector of the	2952
county at the office of the board of elections not later than	2953
twenty days prior to the election. The applications or challenges,	2954
with the reasons for the application or challenge, shall be filed	2955
with the board on a form prescribed by the secretary of state and	2956
shall be signed under penalty of election falsification.	2957

(B) On receiving an application or challenge filed under this	2958
section, the board of elections promptly shall review the board's	2959
records. If the board is able to determine that an application or	2960
challenge should be granted or denied solely on the basis of the	2961
records maintained by the board, the board immediately shall vote	2962
to grant or deny that application or challenge.	2963

If the board is not able to determine whether an application	2964
or challenge should be granted or denied solely on the basis of	2965
the records maintained by the board, the director shall promptly	2966
set a time and date for a hearing before the board. ~~Except as~~	2967
~~otherwise provided in division (D) of this section, the~~The	2968
hearing shall be held, and the application or challenge shall be	2969
decided, no later than ten days after the board receives the	2970
application or challenge. The director shall send written notice	2971
to any elector whose right to vote is challenged and to any person	2972
whose name is alleged to have been omitted from a registration	2973
list. The notice shall inform the person of the time and date of	2974
the hearing, and of the person's right to appear and testify, call	2975
witnesses, and be represented by counsel. The notice shall be sent	2976
by first class mail no later than three days before the day of any	2977
scheduled hearing. The director shall also provide the person who	2978
filed the application or challenge with such written notice of the	2979
date and time of the hearing.	2980

At the request of either party or any member of the board,	2981
the board shall issue subpoenas to witnesses to appear and testify	2982
before the board at a hearing held under this section. All	2983
witnesses shall testify under oath. The board shall reach a	2984
decision on all applications and challenges immediately after	2985
hearing.	2986

(C) If the board decides that any such person is not entitled	2987
to have the person's name on the registration list, the person's	2988
name shall be removed from the list and the person's registration	2989
forms canceled. If the board decides that the name of any such	2990
person should appear on the registration list, it shall be added	2991
to the list, and the person's registration forms placed in the	2992
proper registration files. All such corrections and additions	2993
shall be made on a copy of the precinct lists, which shall	2994
constitute the poll lists, to be furnished to the respective	2995
precincts with other election supplies on the day preceding the	2996
election, to be used by the election officials in receiving the	2997
signatures of voters and in checking against the registration	2998
forms.	2999

~~(D)(1) If an application or challenge for which a hearing is~~	3000
~~required to be conducted under division (B) of this section is~~	3001
~~filed after the thirtieth day before the day of an election, the~~	3002
~~board of elections, in its discretion, may postpone that hearing~~	3003
~~and any notifications of that hearing until after the day of the~~	3004
~~election. Any hearing postponed under this division shall be~~	3005
~~conducted not later than ten days after the day of the election.~~	3006

~~(2) The board of elections shall cause the name of any~~	3007
~~registered elector whose registration is challenged and whose~~	3008
~~challenge hearing is postponed under division (D)(1) of this~~	3009
~~section to be marked in the official registration list and in the~~	3010
~~poll list or signature pollbook for that elector's precinct to~~	3011
~~indicate that the elector's registration is subject to challenge.~~	3012

~~(3) Any elector who is the subject of an application or~~	3013
~~challenge hearing that is postponed under division (D)(1) of this~~	3014
~~section shall be permitted to vote a provisional ballot under~~	3015
~~section 3505.181 of the Revised Code. The validity of a~~	3016
~~provisional ballot cast pursuant to this section shall be~~	3017
~~determined in accordance with section 3505.183 of the Revised~~	3018
~~Code, except that no such provisional ballot shall be counted~~	3019
~~unless the hearing conducted under division (B) of this section~~	3020
~~after the day of the election results in the elector's inclusion~~	3021
~~in the official registration list.~~	3022

Sec. 3503.26. (A) All registration forms and lists, when not	3023
in official use by the registrars or ~~judges of elections~~precinct	3024
election officials, shall be in the possession of the board of	3025
elections. Names and addresses of electors may be copied from the	3026
registration lists only in the office of the board when it is open	3027
for business; but no such copying shall be permitted during the	3028
period of time commencing twenty-one days before an election and	3029
ending on the eleventh day after an election if such copying will,	3030
in the opinion of the board, interfere with the necessary work of	3031
the board. The board shall keep in convenient form and available	3032
for public inspection a correct set of the registration lists of	3033
all precincts in the county.	3034

(B) Notwithstanding division (A) of this section, the board	3035
of elections shall maintain and make available for public	3036
inspection and copying at a reasonable cost all records concerning	3037
the implementation of programs and activities conducted for the	3038
purpose of ensuring the accuracy and currency of voter	3039
registration lists, including the names and addresses of all	3040
registered electors sent confirmation notices and whether or not	3041
the elector responded to the confirmation notice. The board shall	3042
maintain all records described in this division for a period of	3043
two years.	3044

Sec. 3503.28. (A) The secretary of state shall develop an	3045
information brochure regarding voter registration. The brochure	3046
shall include, but is not limited to, all of the following	3047
information:	3048

(1) The applicable deadlines for registering to vote or for	3049
returning an applicant's completed registration form;	3050

(2) The applicable deadline for returning an applicant's	3051
completed registration form if the person returning the form is	3052
being compensated for registering voters;	3053

(3) The locations to which a person may return an applicant's	3054
completed registration form;	3055

(4) The location to which a person who is compensated for	3056
registering voters may return an applicant's completed	3057
registration form;	3058

(5) ~~The registration and affirmation requirements applicable~~	3059
~~to persons who are compensated for registering voters under~~	3060
~~section 3503.29 of the Revised Code;~~	3061

~~(6)~~ A notice, which shall be written in bold type, stating as	3062
follows:	3063

"Voters must bring identification to the polls in order to	3064
verify identity. Identification may include a current and valid	3065
photo identification, a military identification, a United States	3066
passport, or a copy of a current utility bill, bank statement,	3067
government check, paycheck, or other government document, other	3068
than ~~a notice of an election or~~ a voter registration notification	3069
sent by a board of elections, that shows the voter's name and	3070
current address. Voters who do not provide one of these documents	3071
will still be able to vote by providing ~~the last four digits of~~	3072
the voter's social security number and by casting a provisional	3073
ballot. ~~Voters who do not have any of the above forms of~~	3074
~~identification, including a social security number, will still be~~	3075
~~able to vote by signing an affirmation swearing to the voter's~~	3076
~~identity under penalty of election falsification and by casting a~~	3077
~~provisional ballot.~~"	3078

(B) ~~Except as otherwise provided in division (D) of this~~	3079
~~section, a board of elections, designated agency, public high~~	3080
~~school, public vocational school, public library, office of a~~	3081
~~county treasurer, or deputy registrar of motor vehicles shall~~	3082
~~distribute a copy of the brochure developed under division (A) of~~	3083
~~this section to any person who requests more than two voter~~	3084
~~registration forms at one time.~~	3085

~~(C)~~(1) The secretary of state shall provide the information	3086
required to be included in the brochure developed under division	3087
(A) of this section to any person who prints a voter registration	3088
form that is made available on a web site of the office of the	3089
secretary of state.	3090

(2) If a board of elections operates and maintains a web	3091
site, the board shall provide the information required to be	3092
included in the brochure developed under division (A) of this	3093
section to any person who prints a voter registration form that is	3094
made available on that web site.	3095

~~(D) A board of elections shall not be required to distribute~~	3096
~~a copy of a brochure under division (B) of this section to any of~~	3097
~~the following officials or employees who are requesting more than~~	3098
~~two voter registration forms at one time in the course of the~~	3099
~~official's or employee's normal duties:~~	3100

~~(1) An election official;~~

3101

~~(2) A county treasurer;~~

3102

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

3103

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

3104

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

3105

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

3106

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

3107

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

3108

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

3109

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

3110

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

3111

~~(E)~~(C) As used in this section, "registering voters" includes	3112
any effort, for compensation, to provide voter registration forms	3113
or to assist persons in completing or returning those forms.	3114

Sec. 3504.01. A former elector of this state is eligible to	3115
vote a presidential ballot in the presidential general election	3116
held in this state in person or by mail if the former elector	3117
meets all of the following conditions:	3118

(A) The former elector moved out of this state not more than	3119
thirty days before the day of the presidential general election;	3120

(B) The former elector has not resided in the elector's new	3121
state of residence long enough to be eligible to vote in the	3122
presidential general election;	3123

(C) The former elector was registered to vote in this state	3124
at the time the former resident ceased to be a resident of this	3125
state; and	3126

(D) The former elector would be eligible to vote in this	3127
state if the former elector was a resident of this state.	3128

Sec. 3504.02. ~~Any citizen~~A former elector of this state who	3129
desires to vote in a presidential general election under this	3130
chapter shall,submit a completed certificate of intent to vote	3131
for presidential and vice-presidential electors not later than	3132
~~four p.m. of the thirtieth day prior to the date of the~~	3133
~~presidential election, complete a certificate of intent to vote~~	3134
~~for presidential and vice-presidential electors~~twelve noon of the	3135
third day before the day of the election. The certificate of	3136
intent shall be completed ~~in duplicate~~ on a form prescribed by the	3137
secretary of state that may be obtained and filed personally in	3138
the office of the board of elections of the county in which such	3139
person last resided before removal from this state, or mailed to	3140
such board of elections.	3141

Immediately following the spaces on the certificate for	3142
inserting information as requested by the secretary of state, the	3143
following statement shall be printed: "I declare under penalty of	3144
election falsification that the statements ~~herein~~ contained herein	3145
are true to the best of my knowledge and belief; that I am legally	3146
qualified to vote; that I am not ~~registered~~eligible to vote in	3147
the presidential general election in any other state; and that I	3148
have not voted in an election in any other state since removing	3149
myself from the state of Ohio.	3150

	..................................		3151
	Signature of applicant		3152
	..................................		3153
	Date		3154

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3155
OF THE FIFTH DEGREE."	3156

The former elector also shall submit with the certificate of	3157
intent to vote for presidential and vice-presidential electors a	3158
properly completed and signed Ohio voter registration cancellation	3159
request on a form prescribed by the secretary of state.	3160

Sec. 3504.04. On or before the day of a presidential general	3161
election ~~day~~, the director of the board of elections shall deliver	3162
to the polling place a list of persons who have filed certificates	3163
of intent to vote as former resident voters and who appear, from	3164
their voting address, entitled to vote at such polling place.	3165
Those persons whose names appear on the list of former resident	3166
voters, and who have otherwise complied with sections 3504.01 to	3167
3504.06 of the Revised Code, shall then be entitled to vote for	3168
presidential and vice-presidential electors only at their polling	3169
place on election day or by absent voter's ballots. Such voter who	3170
votes at that voter's polling place on election day shall sign	3171
that voter's name in the poll book or poll list followed by,	3172
"Former Resident's Presidential Ballot." Qualified former	3173
residents shall be entitled to cast absent voter's ballots for	3174
presidential and vice-presidential electors.	3175

Sec. 3504.05. The director of the board of elections shall	3176
~~forward copies of all certificates~~electronically transmit any	3177
certificate of intent received from a former ~~residents~~elector to	3178
the secretary of state ~~no later than the twenty-fifth day prior to~~	3179
~~the day of the election in which such former resident desires to~~	3180
~~vote~~within one business day. Upon receipt of such certificate,	3181
the secretary of state shall immediately notify the chief	3182
elections officer of the state of each applicant's prior residence	3183
of the fact that such applicant has declared ~~his~~the applicant's	3184
intention to vote for presidential and vice-presidential electors	3185
in this state.	3186

Sec. 3505.05. At any time prior to the seventieth day before	3187
the day of an election at which a question or issue, other than a	3188
statewide question or issue, is certified to appear on the ballot,	3189
the political subdivision, taxing authority, or other entity that	3190
placed the issue on the ballot may remove that issue from the	3191
ballot using the same process that the entity used to originally	3192
certify the issue for placement on the ballot.	3193

Upon receipt of a notification that a question or issue has	3194
been withdrawn, the board of elections shall remove that question	3195
or issue from the ballot.	3196

Sec. 3505.07. (A) If the board of elections, by a unanimous	3197
vote of its members, or if the secretary of state, in the	3198
secretary of state's sole discretion, finds it impracticable to	3199
place the names of candidates for any office of a minor political	3200
subdivision in the county or the wording of any question or issue	3201
to be voted upon in such minor political subdivision on the	3202
ballots under sections 3505.01 to 3505.09 of the Revised Code,	3203
then such board may, or at the direction of the secretary of state	3204
shall, provide separate ballots for the candidates, question, or	3205
issue.	3206

(B) If the secretary of state, in the secretary of state's	3207
sole discretion, determines that it is impracticable to place the	3208
names of candidates for any office or the wording for any question	3209
or issue to be voted upon on the ballot when the candidates,	3210
question, issue, or wording for the question or issue was ordered	3211
onto the ballot by a court of competent jurisdiction and the	3212
ballots have been printed prior to the court order, the board of	3213
elections, at the direction of the secretary of state, shall	3214
provide separate ballots for the candidates, question, or issue.	3215

(C) All separate ballots provided for in this section shall	3216
conform in quality of paper, style of printing, form of ballot,	3217
arrangement of names, and in all other ways, in so far as	3218
practicable, with the provisions relating to the printing of the	3219
general official ballot. ~~Separate ballot boxes shall be provided~~	3220
~~for each such separate kind of ballot.~~	3221

Sec. 3505.08. (A) Ballots shall be provided by the board of	3222
elections for all general and special elections. The ballots shall	3223
be printed with black ink on No. 2 white book paper fifty pounds	3224
in weight per ream assuming such ream to consist of five hundred	3225
sheets of such paper twenty-five by thirty-eight inches in size.	3226
Each ballot shall have attached at the top two stubs, each of the	3227
width of the ballot and not less than one-half inch in length,	3228
except that, if the board of elections has an alternate method to	3229
account for the ballots that the secretary of state has	3230
authorized, each ballot may have only one stub that shall be the	3231
width of the ballot and not less than one-half inch in length. In	3232
the case of ballots with two stubs, the stubs shall be separated	3233
from the ballot and from each other by perforated lines. The top	3234
stub shall be known as Stub B and shall have printed on its face	3235
"Stub B." The other stub shall be known as Stub A and shall have	3236
printed on its face "Stub A." Each stub shall also have printed on	3237
its face "Consecutive Number .........."	3238

Each ballot of each kind of ballot provided for use in each	3239
precinct shall be numbered consecutively beginning with number 1	3240
by printing such number upon both of the stubs attached to the	3241
ballot. On ballots bearing the names of candidates, each	3242
candidate's name shall be printed in twelve point boldface upper	3243
case type in an enclosed rectangular space, and an enclosed blank	3244
rectangular space shall be provided at the left of the candidate's	3245
name. The name of the political party of a candidate nominated at	3246
a primary election or certified by a party committee shall be	3247
printed in ten point lightface upper and lower case type and shall	3248
be separated by a two point blank space. The name of each	3249
candidate shall be indented one space within the enclosed	3250
rectangular space, and the name of the political party shall be	3251
indented two spaces within the enclosed rectangular space.	3252

The title of each office on the ballots shall be printed in	3253
twelve point boldface upper and lower case type in a separate	3254
enclosed rectangular space. A four point rule shall separate the	3255
name of a candidate or a group of candidates for the same office	3256
from the title of the office next appearing below on the ballot; a	3257
two point rule shall separate the title of the office from the	3258
names of candidates; and a one point rule shall separate names of	3259
candidates. Headings shall be printed in display Roman type. When	3260
the names of several candidates are grouped together as candidates	3261
for the same office, there shall be printed on the ballots	3262
immediately below the title of the office and within the separate	3263
rectangular space in which the title is printed "Vote for not more	3264
than ........," in six point boldface upper and lower case filling	3265
the blank space with that number which will indicate the number of	3266
persons who may be lawfully elected to the office.	3267

Columns on ballots shall be separated from each other by a	3268
heavy vertical border or solid line at least one-eighth of an inch	3269
wide, and a similar vertical border or line shall enclose the left	3270
and right side of ballots. Ballots shall be trimmed along the	3271
sides close to such lines.	3272

The ballots provided for by this section shall be comprised	3273
of four kinds of ballots designated as follows: office type	3274
ballot; nonpartisan ballot; questions and issues ballot; and	3275
presidential ballot.	3276

On the back of each office type ballot shall be printed	3277
"Official Office Type Ballot;" on the back of each nonpartisan	3278
ballot shall be printed "Official Nonpartisan Ballot;" on the back	3279
of each questions and issues ballot shall be printed "Official	3280
Questions and Issues Ballot;" and on the back of each presidential	3281
ballot shall be printed "Official Presidential Ballot." OnAt the	3282
~~back~~end of every ballot also shall be printed the date of the	3283
election at which the ballot is used and the facsimile signatures	3284
of the members of the board of the county in which the ballot is	3285
used. For the purpose of identifying the kind of ballot, the back	3286
of every ballot may be numbered in the order the board shall	3287
determine. The numbers shall be printed in not less than	3288
thirty-six point type above the words "Official Office Type	3289
Ballot," "Official Nonpartisan Ballot," "Official Questions and	3290
Issues Ballot," or "Official Presidential Ballot," as the case may	3291
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	3292
be furnished for each precinct in which the above-described	3293
numbered ballots are used.	3294

On the back of every ballot used, there shall be a solid	3295
black line printed opposite the blank rectangular space that is	3296
used to mark the choice of the voter. This line shall be printed	3297
wide enough so that the mark in the blank rectangular space will	3298
not be visible from the back side of the ballot.	3299

Sample ballots may be printed by the board of elections for	3300
all general elections. The ballots shall be printed on colored	3301
paper, and "Sample Ballot" shall be plainly printed in boldface	3302
type on the face of each ballot. In counties of less than one	3303
hundred thousand population, the board may print not more than	3304
five hundred sample ballots; in all other counties, it may print	3305
not more than one thousand sample ballots. The sample ballots	3306
shall not be distributed by a political party or a candidate, nor	3307
shall a political party or candidate cause their title or name to	3308
be imprinted on sample ballots.	3309

(B) Notwithstanding division (A) of this section, in	3310
approving the form of an official ballot, the secretary of state	3311
may authorize the use of fonts, type face settings, and ballot	3312
formats other than those prescribed in that division.	3313

Sec. 3505.11. (A) The ballots, with the stubs attached,	3314
shall be bound into tablets for each precinct, which tablets shall	3315
contain at least one per cent more ballots than the total	3316
registration in the precinct, except as otherwise provided in	3317
division (B) of this section. Upon the covers of the tablets shall	3318
be written, printed, or stamped the designation of the precinct	3319
for which the ballots have been prepared. All official ballots	3320
shall be printed uniformly upon the same kind and quality of paper	3321
and shall be of the same shape, size, and type.	3322

Electors who have failed to respond within thirty days to any	3323
confirmation notice shall not be counted in determining the number	3324
of ballots to be printed under this section.	3325

(B)(1) A board of elections may choose to provide ballots on	3326
demand. If a board so chooses, the board shall have prepared for	3327
each precinct at least five per cent more ballots for an election	3328
than the number specified below for that kind of election:	3329

(a) For a primary election or a special election held on the	3330
day of a primary election, the total number of electors in that	3331
precinct who voted in the primary election held four years	3332
previously or, if no primary election was held four years	3333
previously, the total number of electors in that precinct who	3334
voted in a similarly situated primary, as determined by the board;	3335

(b) For a general election or a special election held on the	3336
day of a general election, the total number of electors in that	3337
precinct who voted in the general election held four years	3338
previously;	3339

(c) For a special election held at any time other than on the	3340
day of a primary or general election, the total number of electors	3341
in that precinct who voted in the most recent primary or general	3342
election, whichever of those elections occurred in the precinct	3343
most recently.	3344

(2) If, after the board complies with the requirements of	3345
division (B)(1) of this section, the election officials of a	3346
precinct determine that the precinct will not have enough ballots	3347
to enable all the qualified electors in the precinct who wish to	3348
vote at a particular election to do so, the officials shall	3349
request that the board provide additional ballots, and the board	3350
shall provide enough additional ballots, to that precinct in a	3351
timely manner so that all qualified electors in that precinct who	3352
wish to vote at that election may do so.	3353

Sec. 3505.13. A contract for the printing of ballots	3354
involving a cost in excess of ~~ten~~twenty-five thousand dollars	3355
shall not be let until after five days' notice published once in a	3356
leading newspaper published in the county or upon notice given by	3357
mail by the board of elections, addressed to the responsible	3358
printing offices within the state. Except as otherwise provided in	3359
this section, each bid for such printing must be accompanied by a	3360
bond with at least two sureties, or a surety company, satisfactory	3361
to the board, in a sum double the amount of the bid, conditioned	3362
upon the faithful performance of the contract for such printing as	3363
is awarded and for the payment as damages by such bidder to the	3364
board of any excess of cost over the bid which it may be obliged	3365
to pay for such work by reason of the failure of the bidder to	3366
complete the contract. No bid unaccompanied by such bond shall be	3367
considered by the board. The board may, however, waive the	3368
requirement that each bid be accompanied by a bond if the cost of	3369
the contract is ~~ten~~twenty-five thousand dollars or less. The	3370
contract shall be let to the lowest responsible bidder in the	3371
state. All ballots shall be printed within the state.	3372

Sec. 3505.16. Before the opening of the polls, the package	3373
of supplies and the ballot ~~boxes~~box shall be opened in the	3374
presence of the precinct officials. The ballot ~~boxes~~box, the	3375
package of ballots, registration forms, and other supplies shall	3376
at all times be in full sight of the observers, and no ballot box	3377
or unused ballots during the balloting or counting shall be	3378
removed or screened from their full sight until the counting has	3379
been closed and the final returns completed and the certificate	3380
signed by the judges.	3381

Sec. 3505.17. If by accident or casualty the ballots or	3382
other required papers, lists, or supplies are lost or destroyed,	3383
or in case none are delivered at the polling place, or if during	3384
the time the polls are open additional ballots or supplies are	3385
required, the board of elections, upon requisition by telephone or	3386
in writing and signed by a majority of the precinct election	3387
~~judges~~officials of the precinct stating why such additional	3388
supplies are needed, shall supply them as speedily as possible.	3389

Sec. 3505.18. (A)(1) When an elector appears in a polling	3390
place to vote, the elector shall announce to the precinct election	3391
officials the elector's full name and current address and provide	3392
proof of the elector's identity in the form of a current and valid	3393
photo identification, a military identification, a United States	3394
passport, or a copy of a current utility bill, bank statement,	3395
government check, paycheck, or other government document, other	3396
than ~~a notice of an election mailed by a board of elections under~~	3397
~~section 3501.19 of the Revised Code or~~ a notice of voter	3398
registration mailed by a board of elections under section 3503.19	3399
of the Revised Code, that shows the name and current address of	3400
the elector. ~~If the elector provides either a driver's license or~~	3401
~~a state identification card issued under section 4507.50 of the~~	3402
~~Revised Code that does not contain the elector's current residence~~	3403
~~address, the elector shall provide the last four digits of the~~	3404
~~elector's driver's license number or state identification card~~	3405
~~number, and the precinct election official shall mark the poll~~	3406
~~list or signature pollbook to indicate that the elector has~~	3407
~~provided a driver's license or state identification card number~~	3408
~~with a former address and record the last four digits of the~~	3409
~~elector's driver's license number or state identification card~~	3410
~~number.~~	3411

(2) If an elector ~~has but~~does not have or is unable to	3412
provide to the precinct election officials any of the forms of	3413
identification required under division (A)(1) of this section, ~~but~~	3414
~~has a social security number, the elector may provide the last~~	3415
~~four digits of the elector's social security number. Upon~~	3416
~~providing the social security number information,~~ the elector may	3417
cast a provisional ballot under section 3505.181 of the Revised	3418
Code~~, the envelope of which ballot shall include that social~~	3419
~~security number information~~and do either of the following:	3420

(a) Appear at the office of the board of elections not later	3421
than the close of the polls on the day of the election and provide	3422
the identification required under division (A)(1) of this section;	3423
or	3424

(b) Write the elector's social security number on the	3425
provisional ballot envelope, which number shall be verified by the	3426
board of elections with the bureau of motor vehicles.	3427

~~(3) If an elector has but is unable to provide to the~~	3428
~~precinct election officials any of the forms of identification~~	3429
~~required under division (A)(1) of this section and if the elector~~	3430
~~has a social security number but is unable to provide the last~~	3431
~~four digits of the elector's social security number, the elector~~	3432
~~may cast a provisional ballot under section 3505.181 of the~~	3433
~~Revised Code.~~	3434

~~(4) If an elector does not have any of the forms of~~	3435
~~identification required under division (A)(1) of this section and~~	3436
~~cannot provide the last four digits of the elector's social~~	3437
~~security number because the elector does not have a social~~	3438
~~security number, the elector may execute an affirmation under~~	3439
~~penalty of election falsification that the elector cannot provide~~	3440
~~the identification required under that division or the last four~~	3441
~~digits of the elector's social security number for those reasons.~~	3442
~~Upon signing the affirmation, the elector may cast a provisional~~	3443
~~ballot under section 3505.181 of the Revised Code. The secretary~~	3444
~~of state shall prescribe the form of the affirmation, which shall~~	3445
~~include spaces for all of the following:~~	3446

~~(a) The elector's name;~~

3447

~~(b) The elector's address;~~

3448

~~(c) The current date;~~

3449

~~(d) The elector's date of birth;~~

3450

~~(e) The elector's signature.~~

3451

~~(5) If an elector does not have any of the forms of~~	3452
~~identification required under division (A)(1) of this section and~~	3453
~~cannot provide the last four digits of the elector's social~~	3454
~~security number because the elector does not have a social~~	3455
~~security number, and if the elector declines to execute an~~	3456
~~affirmation under division (A)(4) of this section, the elector may~~	3457
~~cast a provisional ballot under section 3505.181 of the Revised~~	3458
~~Code, the envelope of which ballot shall include the elector's~~	3459
~~name.~~	3460

~~(6) If an elector has but declines to provide to the precinct~~	3461
~~election officials any of the forms of identification required~~	3462
~~under division (A)(1) of this section or the elector has a social~~	3463
~~security number but declines to provide to the precinct election~~	3464
~~officials the last four digits of the elector's social security~~	3465
~~number, the elector may cast a provisional ballot under section~~	3466
~~3505.181 of the Revised Code.~~	3467

(B) After the elector has announced the elector's full name	3468
and current address and provided any of the forms of	3469
identification required under division (A)(1) of this section, the	3470
elector shall write the elector's ~~name and address~~signature at	3471
the proper place in the poll list or signature pollbook provided	3472
for the purpose, except that if, for any reason, an elector is	3473
unable to write the elector's ~~name and current address~~signature	3474
in the poll list or signature pollbook, the elector may make the	3475
elector's mark at the place intended for the elector's ~~name~~	3476
signature, and a precinct election official shall write the name	3477
of the elector at the proper place on the poll list or signature	3478
pollbook following the elector's mark. The making of such a mark	3479
shall be attested by the precinct election official, who shall	3480
evidence the same by signing the precinct election official's name	3481
on the poll list or signature pollbook as a witness to the mark.	3482
Alternatively, if applicable, an attorney in fact acting pursuant	3483
to section 3501.382 of the Revised Code may sign the elector's	3484
signature in the poll list or signature pollbook in accordance	3485
with that section.	3486

The elector's signature in the poll list or signature	3487
pollbook then shall be compared with the elector's signature on	3488
the elector's registration form or a digitized signature list as	3489
provided for in section 3503.13 of the Revised Code, and if, in	3490
the opinion of a majority of the precinct election officials, the	3491
signatures are the signatures of the same person, the election	3492
officials shall enter the date of the election on the registration	3493
form or shall record the date by other means prescribed by the	3494
secretary of state. The validity of an attorney in fact's	3495
signature on behalf of an elector shall be determined in	3496
accordance with section 3501.382 of the Revised Code.	3497

If the right of the elector to vote is not then challenged,	3498
or, if being challenged, the elector establishes the elector's	3499
right to vote, the elector shall be allowed to proceed to use the	3500
voting machine. If voting machines are not being used in that	3501
precinct, the judge in charge of ballots shall then detach the	3502
next ballots to be issued to the elector from Stub B attached to	3503
each ballot, leaving Stub A attached to each ballot, hand the	3504
ballots to the elector, and call the elector's name and the stub	3505
number on each of the ballots. The judge shall enter the stub	3506
numbers opposite the signature of the elector in the pollbook. The	3507
elector shall then retire to one of the voting compartments to	3508
mark the elector's ballots. No mark shall be made on any ballot	3509
which would in any way enable any person to identify the person	3510
who voted the ballot.	3511

Sec. 3505.181. (A) All of the following individuals shall be	3512
permitted to cast a provisional ballot at an election:	3513

(1) An individual who declares that the individual is a	3514
registered voter in the jurisdiction in which the individual	3515
desires to vote and that the individual is eligible to vote in an	3516
election, but the name of the individual does not appear on the	3517
official list of eligible voters for the polling place or an	3518
election official asserts that the individual is not eligible to	3519
vote;	3520

(2) ~~An individual who has a social security number and~~	3521
~~provides to the election officials the last four digits of the~~	3522
~~individual's social security number as permitted by division~~	3523
~~(A)(2) of section 3505.18 of the Revised Code;~~	3524

~~(3)~~ An individual who ~~has but~~does not have or is unable to	3525
provide to the election officials any of the forms of	3526
identification required under division (A)(1) of section 3505.18	3527
of the Revised Code ~~and who has a social security number but is~~	3528
~~unable to provide the last four digits of the individual's social~~	3529
~~security number as permitted under division (A)(2) of that~~	3530
~~section~~;	3531

~~(4) An individual who does not have any of the forms of~~	3532
~~identification required under division (A)(1) of section 3505.18~~	3533
~~of the Revised Code, who cannot provide the last four digits of~~	3534
~~the individual's social security number under division (A)(2) of~~	3535
~~that section because the individual does not have a social~~	3536
~~security number, and who has executed an affirmation as permitted~~	3537
~~under division (A)(4) of that section;~~	3538

~~(5)~~(3) An individual whose name in the poll list or signature	3539
pollbook has been marked under section 3509.09 or 3511.13 of the	3540
Revised Code as having requested an absent voter's ballot or an	3541
~~armed service~~a uniformed services or overseas absent voter's	3542
ballot for that election and who appears to vote at the polling	3543
place;	3544

~~(6)~~(4) An individual whose notification of registration has	3545
been returned undelivered to the board of elections and whose name	3546
in the official registration list and in the poll list or	3547
signature pollbook has been marked under division (C)(2) of	3548
section 3503.19 of the Revised Code;	3549

~~(7)~~(5) An individual who is challenged under section 3505.20	3550
of the Revised Code and the election officials determine that the	3551
person is ineligible to vote or are unable to determine the	3552
person's eligibility to vote;	3553

~~(8) An individual whose application or challenge hearing has~~	3554
~~been postponed until after the day of the election under division~~	3555
~~(D)(1) of section 3503.24 of the Revised Code;~~	3556

~~(9)~~(6) An individual who ~~changes the individual's name and~~	3557
~~remains within the precinct,~~ moves from one precinct to another	3558
within a county, moves from one precinct to another and changes	3559
the individual's name, or moves from one county to another within	3560
the state, or moves from one county to another and changes the	3561
individual's name and completes and signs the required forms and	3562
statements under division (B) or (C) of section 3503.16 of the	3563
Revised Code;	3564

~~(10)~~(7) An individual whose signature, in the opinion of the	3565
precinct officers under section 3505.22 of the Revised Code, is	3566
not that of the person who signed that name in the registration	3567
forms;	3568

~~(11)~~(8) An individual who is challenged under section 3513.20	3569
of the Revised Code who refuses to make the statement required	3570
under that section, who a majority of the precinct officials find	3571
lacks any of the qualifications to make the individual a qualified	3572
elector, or who a majority of the precinct officials find is not	3573
affiliated with or a member of the political party whose ballot	3574
the individual desires to vote;	3575

~~(12) An individual who does not have any of the forms of~~	3576
~~identification required under division (A)(1) of section 3505.18~~	3577
~~of the Revised Code, who cannot provide the last four digits of~~	3578
~~the individual's social security number under division (A)(2) of~~	3579
~~that section because the person does not have a social security~~	3580
~~number, and who declines to execute an affirmation as permitted~~	3581
~~under division (A)(4) of that section;~~	3582

~~(13) An individual who has but declines to provide to the~~	3583
~~precinct election officials any of the forms of identification~~	3584
~~required under division (A)(1) of section 3501.18 of the Revised~~	3585
~~Code or who has a social security number but declines to provide~~	3586
~~to the precinct election officials the last four digits of the~~	3587
~~individual's social security number~~(9) An individual who is	3588
casting a ballot after the time for the closing of the polls under	3589
section 3501.32 of the Revised Code pursuant to a court order	3590
extending the time for the closing of the polls.	3591

(B) An individual who is eligible to cast a provisional	3592
ballot under division (A) of this section shall be permitted to	3593
cast a provisional ballot as follows:	3594

(1) An election official at the polling place shall notify	3595
the individual that the individual may cast a provisional ballot	3596
in that election.	3597

(2) The individual shall be permitted to cast a provisional	3598
ballot at that polling place upon the execution of a written	3599
affirmation by the individual before an election official at the	3600
polling place stating that the individual is both of the	3601
following:	3602

(a) A registered voter in the jurisdiction in which the	3603
individual desires to vote;	3604

(b) Eligible to vote in that election.

3605

If the individual declines to execute the affirmation, the	3606
election official shall not record any of the information required	3607
to be provided by the individual on the affirmation. The election	3608
official shall explain to the individual that the provisional	3609
ballot will not be counted.	3610

(3) An election official at the polling place shall transmit	3611
the ballot cast by the individual,and the voter information	3612
contained in the written affirmation executed by the individual	3613
under division (B)(2) of this section~~, or the individual's name if~~	3614
~~the individual declines to execute such an affirmation~~ to an	3615
appropriate local election official for verification ~~under~~	3616
~~division (B)(4) of this section~~.	3617

(4) ~~If the appropriate local election official to whom the~~	3618
~~ballot or voter or address information is transmitted under~~	3619
~~division (B)(3) of this section determines that the individual is~~	3620
~~eligible to vote, the individual's provisional ballot shall be~~	3621
~~counted as a vote in that election.~~	3622

~~(5)~~(a) At the time that an individual casts a provisional	3623
ballot, the appropriate local election official shall give the	3624
individual written information that states that any individual who	3625
casts a provisional ballot will be able to ascertain under the	3626
system established under division (B)~~(5)~~(4)(b) of this section	3627
whether the vote was counted, and, if the vote was not counted,	3628
the reason that the vote was not counted.	3629

(b) The appropriate state or local election official shall	3630
establish a free access system, in the form of a toll-free	3631
telephone number, that any individual who casts a provisional	3632
ballot may access to discover whether the vote of that individual	3633
was counted, and, if the vote was not counted, the reason that the	3634
vote was not counted. The free access system established under	3635
this division also shall provide to an individual whose	3636
provisional ballot was not counted information explaining how that	3637
individual may contact the board of elections to register to vote	3638
or to resolve problems with the individual's voter registration.	3639

The appropriate state or local election official shall	3640
establish and maintain reasonable procedures necessary to protect	3641
the security, confidentiality, and integrity of personal	3642
information collected, stored, or otherwise used by the free	3643
access system established under this division. Access to	3644
information about an individual ballot shall be restricted to the	3645
individual who cast the ballot.	3646

~~(6) If, at the time that an individual casts a provisional~~	3647
~~ballot, the individual provides identification in the form of a~~	3648
~~current and valid photo identification, a military identification,~~	3649
~~or a copy of a current utility bill, bank statement, government~~	3650
~~check, paycheck, or other government document, other than a notice~~	3651
~~of an election mailed by a board of elections under section~~	3652
~~3501.19 of the Revised Code or a notice of voter registration~~	3653
~~mailed by a board of elections under section 3503.19 of the~~	3654
~~Revised Code, that shows the individual's name and current~~	3655
~~address, or provides the last four digits of the individual's~~	3656
~~social security number, or executes an affirmation that the~~	3657
~~elector does not have any of those forms of identification or the~~	3658
~~last four digits of the individual's social security number~~	3659
~~because the individual does not have a social security number, or~~	3660
~~declines to execute such an affirmation, the appropriate local~~	3661
~~election official shall record the type of identification~~	3662
~~provided, the social security number information, the fact that~~	3663
~~the affirmation was executed, or the fact that the individual~~	3664
~~declined to execute such an affirmation and include that~~	3665
~~information with the transmission of the ballot or voter or~~	3666
~~address information under division (B)(3) of this section. If the~~	3667
~~individual declines to execute such an affirmation, the~~	3668
~~appropriate local election official shall record the individual's~~	3669
~~name and include that information with the transmission of the~~	3670
~~ballot under division (B)(3) of this section.~~	3671

~~(7) If an individual casts a provisional ballot pursuant to~~	3672
~~division (A)(3), (7), (8), (12), or (13) of this section, the~~	3673
~~election official shall indicate, on the provisional ballot~~	3674
~~verification statement required under section 3505.182 of the~~	3675
~~Revised Code, that the individual is required to provide~~	3676
~~additional information to the board of elections or that an~~	3677
~~application or challenge hearing has been postponed with respect~~	3678
~~to the individual, such that additional information is required~~	3679
~~for the board of elections to determine the eligibility of the~~	3680
~~individual who cast the provisional ballot.~~	3681

~~(8) During the ten days after the day of an election, an~~	3682
~~individual who casts a provisional ballot pursuant to division~~	3683
~~(A)(3), (7), (12), or (13) of this section shall appear at the~~	3684
~~office of the board of elections and provide to the board any~~	3685
~~additional information necessary to determine the eligibility of~~	3686
~~the individual who cast the provisional ballot.~~	3687

~~(a) For a provisional ballot cast pursuant to division~~	3688
~~(A)(3), (12), or (13) of this section to be eligible to be~~	3689
~~counted, the individual who cast that ballot, within ten days~~	3690
~~after the day of the election, shall do any of the following:~~	3691

~~(i) Provide to the board of elections proof of the~~	3692
~~individual's identity in the form of a current and valid photo~~	3693
~~identification, a military identification, or a copy of a current~~	3694
~~utility bill, bank statement, government check, paycheck, or other~~	3695
~~government document, other than a notice of an election mailed by~~	3696
~~a board of elections under section 3501.19 of the Revised Code or~~	3697
~~a notice of voter registration mailed by a board of elections~~	3698
~~under section 3503.19 of the Revised Code, that shows the~~	3699
~~individual's name and current address;~~	3700

~~(ii) Provide to the board of elections the last four digits~~	3701
~~of the individual's social security number;~~	3702

~~(iii) In the case of a provisional ballot executed pursuant~~	3703
~~to division (A)(12) of this section, execute an affirmation as~~	3704
~~permitted under division (A)(4) of section 3505.18 of the Revised~~	3705
~~Code.~~	3706

~~(b) For a provisional ballot cast pursuant to division (A)(7)~~	3707
~~of this section to be eligible to be counted, the individual who~~	3708
~~cast that ballot, within ten days after the day of that election,~~	3709
~~shall provide to the board of elections any identification or~~	3710
~~other documentation required to be provided by the applicable~~	3711
~~challenge questions asked of that individual under section 3505.20~~	3712
~~of the Revised Code.~~	3713

(C)(1) If an individual declares that the individual is	3714
eligible to vote in a jurisdiction other than the jurisdiction in	3715
which the individual desires to vote, or if, upon review of the	3716
precinct voting location guide using the residential street	3717
address provided by the individual, an election official at the	3718
polling place at which the individual desires to vote determines	3719
that the individual is not eligible to vote in that jurisdiction,	3720
the election official ~~shall~~may direct the individual to the	3721
polling place for the jurisdiction in which the individual appears	3722
to be eligible to vote, explain that the individual may cast a	3723
provisional ballot at the current location but the ballot will not	3724
be counted if it is cast in the wrong precinct, and provide the	3725
telephone number of the board of elections in case the individual	3726
has additional questions. It is the duty of the individual casting	3727
the ballot to ensure that the individual is casting that ballot in	3728
the correct precinct.	3729

(2) ~~If the~~The individual ~~refuses to~~may travel to the	3730
polling place for the correct jurisdiction or to the office of the	3731
board of elections to cast a ballot, or the individual shall be	3732
permitted to vote a provisional ballot at that jurisdiction in	3733
accordance with division (B) of this section. ~~If any of the~~	3734
~~following apply, the provisional ballot cast by that individual~~	3735
~~shall not be opened or counted:~~	3736

~~(a) The individual is not properly registered in that~~	3737
~~jurisdiction.~~	3738

~~(b) The individual is not eligible to vote in that election~~	3739
~~in that jurisdiction.~~	3740

~~(c) The individual's eligibility to vote in that jurisdiction~~	3741
~~in that election cannot be established upon examination of the~~	3742
~~records on file with the board of elections.~~	3743

(3) If an election official attempts to direct an individual	3744
to the correct precinct under division (C)(1) of this section, and	3745
the individual subsequently casts a ballot in the wrong precinct,	3746
both of the following apply:	3747

(a) That ballot shall not be counted.

3748

(b) The ballot being cast in the wrong precinct shall not be	3749
considered to be caused by an error on the part of the election	3750
official.	3751

(D) The appropriate local election official shall cause	3752
voting information to be publicly posted at each polling place on	3753
the day of each election.	3754

(E) As used in this section and sections 3505.182 and	3755
3505.183 of the Revised Code:	3756

(1) "Jurisdiction" means the precinct in which a person is a	3757
legally qualified elector.	3758

(2) "Precinct voting location guide" means either of the	3759
following:	3760

(a) An electronic or paper record that lists the correct	3761
jurisdiction and polling place for either each specific	3762
residential street address in the county or the range of	3763
residential street addresses located in each neighborhood block in	3764
the county;	3765

(b) Any other method that a board of elections creates that	3766
allows a precinct election official or any elector who is at a	3767
polling place in that county to determine the correct jurisdiction	3768
and polling place of any qualified elector who resides in the	3769
county.	3770

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

3771

(a) A sample version of the ballot that will be used for that	3772
election;	3773

(b) Information regarding the date of the election and the	3774
hours during which polling places will be open;	3775

(c) Instructions on how to vote, including how to cast a vote	3776
and how to cast a provisional ballot;	3777

(d) Instructions for mail-in registrants and first-time	3778
voters under applicable federal and state laws;	3779

(e) General information on voting rights under applicable	3780
federal and state laws, including information on the right of an	3781
individual to cast a provisional ballot and instructions on how to	3782
contact the appropriate officials if these rights are alleged to	3783
have been violated;	3784

(f) General information on federal and state laws regarding	3785
prohibitions against acts of fraud and misrepresentation.	3786

(F) Nothing in this section or section 3505.183 of the	3787
Revised Code is in derogation of section 3505.24 of the Revised	3788
Code, which permits a blind, disabled, or illiterate elector to	3789
receive assistance in the marking of the elector's ballot by two	3790
precinct election officials of different political parties. A	3791
blind, disabled, or illiterate elector may receive assistance in	3792
marking that elector's provisional ballot and in completing the	3793
required affirmation in the same manner as an elector may receive	3794
assistance on the day of an election under that section.	3795

Sec. 3505.182. Each individual who casts a provisional	3796
ballot under section 3505.181 of the Revised Code shall execute a	3797
written affirmation. The secretary of state shall prescribe the	3798
form of the written affirmation, which shall be printed upon the	3799
face of the provisional ballot envelope ~~and shall be substantially~~	3800
~~as follows:~~	3801

~~"Provisional Ballot Affirmation~~	3802

~~STATE OF OHIO~~	3803

~~I, .................... (Name of provisional voter), solemnly~~	3804
~~swear or affirm that I am a registered voter in the jurisdiction~~	3805
~~in which I am voting this provisional ballot and that I am~~	3806
~~eligible to vote in the election in which I am voting this~~	3807
~~provisional ballot~~.	3808

~~I understand that, if the above-provided information is not~~	3809
~~fully completed and correct, if the board of elections determines~~	3810
~~that I am not registered to vote, a resident of this precinct, or~~	3811
~~eligible to vote in this election, or if the board of elections~~	3812
~~determines that I have already voted in this election, my~~	3813
~~provisional ballot will not be counted. I further understand that~~	3814
~~knowingly providing false information is a violation of law and~~	3815
~~subjects me to possible criminal prosecution.~~	3816

~~I hereby declare, under penalty of election falsification,~~	3817
~~that the above statements are true and correct to the best of my~~	3818
~~knowledge and belief.~~	3819

			3820
	~~(Signature of Voter)~~		3821
			3822
	~~(Voter's date of birth)~~		3823

	~~The last four digits of the voter's social security number~~		3824
			3825
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		3826

~~WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY~~	3827
~~OF THE FIFTH DEGREE.~~	3828

~~Additional Information For Determining Ballot Validity~~	3829

~~(May be completed at voter's discretion)~~	3830

~~Voter's current address:~~				3831
~~Voter's former address if photo identification does not contain voter's current address~~				3832
~~Voter's driver's license number or, if not provided above, the last four digits of voter's social security number~~				3833
~~(Please circle number type)~~				3834
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				3835
~~Reason for voting provisional ballot (Check one):~~				3836
~~..... Requested, but did not receive, absent voter's ballot~~				3837
~~..... Other~~				3838

~~Verification Statement~~	3839

~~(To be completed by election official)~~	3840

~~The Provisional Ballot Affirmation printed above was~~	3841
~~subscribed and affirmed before me this .......... day of~~	3842
~~.......... (Month), .......... (Year).~~	3843

~~(If applicable, the election official must check the~~	3844
~~following true statement concerning additional information needed~~	3845
~~to determine the eligibility of the provisional voter.)~~	3846

~~...... The provisional voter is required to provide~~	3847
~~additional information to the board of elections.~~	3848

~~...... An application or challenge hearing regarding this~~	3849
~~voter has been postponed until after the election.~~	3850

~~(The election official must check the following true~~	3851
~~statement concerning identification provided by the provisional~~	3852
~~voter, if any.)~~	3853

~~...... The provisional voter provided a current and valid~~	3854
~~photo identification.~~	3855

~~...... The provisional voter provided a current valid photo~~	3856
~~identification, other than a driver's license or a state~~	3857
~~identification card, with the voter's former address instead of~~	3858
~~current address and has provided the election official both the~~	3859
~~current and former addresses.~~	3860

~~...... The provisional voter provided a military~~	3861
~~identification or a copy of a current utility bill, bank~~	3862
~~statement, government check, paycheck, or other government~~	3863
~~document, other than a notice of an election mailed by a board of~~	3864
~~elections under section 3501.19 of the Revised Code or a notice of~~	3865
~~voter registration mailed by a board of elections under section~~	3866
~~3503.19 of the Revised Code, with the voter's name and current~~	3867
~~address.~~	3868

~~...... The provisional voter provided the last four digits of~~	3869
~~the voter's social security number.~~	3870

~~...... The provisional voter is not able to provide a current~~	3871
~~and valid photo identification, a military identification, or a~~	3872
~~copy of a current utility bill, bank statement, government check,~~	3873
~~paycheck, or other government document, other than a notice of an~~	3874
~~election mailed by a board of elections under section 3501.19 of~~	3875
~~the Revised Code or a notice of voter registration mailed by a~~	3876
~~board of elections under section 3503.19 of the Revised Code, with~~	3877
~~the voter's name and current address but does have one of these~~	3878
~~forms of identification. The provisional voter must provide one of~~	3879
~~the foregoing items of identification to the board of elections~~	3880
~~within ten days after the election.~~	3881

~~..... The provisional voter is not able to provide a current~~	3882
~~and valid photo identification, a military identification, or a~~	3883
~~copy of a current utility bill, bank statement, government check,~~	3884
~~paycheck, or other government document, other than a notice of an~~	3885
~~election mailed by a board of elections under section 3501.19 of~~	3886
~~the Revised Code or a notice of voter registration mailed by a~~	3887
~~board of elections under section 3503.19 of the Revised Code, with~~	3888
~~the voter's name and current address but does have one of these~~	3889
~~forms of identification. Additionally, the provisional voter does~~	3890
~~have a social security number but is not able to provide the last~~	3891
~~four digits of the voter's social security number before voting.~~	3892
~~The provisional voter must provide one of the foregoing items of~~	3893
~~identification or the last four digits of the voter's social~~	3894
~~security number to the board of elections within ten days after~~	3895
~~the election.~~	3896

~~..... The provisional voter does not have a current and valid~~	3897
~~photo identification, a military identification, a copy of a~~	3898
~~current utility bill, bank statement, government check, paycheck,~~	3899
~~or other government document with the voter's name and current~~	3900
~~address, or a social security number, but has executed an~~	3901
~~affirmation.~~	3902

~~..... The provisional voter does not have a current and valid~~	3903
~~photo identification, a military identification, a copy of a~~	3904
~~current utility bill, bank statement, government check, paycheck,~~	3905
~~or other government document with the voter's name and current~~	3906
~~address, or a social security number, and has declined to execute~~	3907
~~an affirmation.~~	3908

~~..... The provisional voter declined to provide a current and~~	3909
~~valid photo identification, a military identification, a copy of a~~	3910
~~current utility bill, bank statement, government check, paycheck,~~	3911
~~or other government document with the voter's name and current~~	3912
~~address, or the last four digits of the voter's social security~~	3913
~~number but does have one of these forms of identification or a~~	3914
~~social security number. The provisional voter must provide one of~~	3915
~~the foregoing items of identification or the last four digits of~~	3916
~~the voter's social security number to the board of elections~~	3917
~~within ten days after the election.~~	3918

			3919
	~~(Signature of Election Official)"~~		3920

~~In addition to any information required to be included on the~~	3921
~~written affirmation, an individual casting a provisional ballot~~	3922
~~may provide additional information to the election official to~~	3923
~~assist the board of elections in determining the individual's~~	3924
~~eligibility to vote in that election, including the date and~~	3925
~~location at which the individual registered to vote, if known.~~	3926

~~If the individual declines to execute the affirmation, an~~	3927
~~appropriate local election official shall comply with division~~	3928
~~(B)(6) of section 3505.181 of the Revised Code.~~	3929

Sec. 3505.183. (A) When the ballot boxes are delivered to	3930
the board of elections from the precincts, the board shall	3931
separate the provisional ballot envelopes from the rest of the	3932
ballots. Teams of employees of the board consisting of one member	3933
of each major political party shall place the sealed provisional	3934
ballot envelopes in a secure location within the office of the	3935
board. The sealed provisional ballot envelopes shall remain in	3936
that secure location until the validity of those ballots is	3937
determined under division (B) of this section. ~~While the~~	3938
~~provisional ballot is stored in that secure location, and prior to~~	3939
~~the counting of the provisional ballots, if the board receives~~	3940
~~information regarding the validity of a specific provisional~~	3941
~~ballot under division (B) of this section, the board may note, on~~	3942
~~the sealed provisional ballot envelope for that ballot, whether~~	3943
~~the ballot is valid and entitled to be counted.~~	3944

(B)(1) To determine whether a provisional ballot is valid and	3945
entitled to be counted, the board shall examine ~~its~~the	3946
affirmation executed by the provisional voter, the statewide voter	3947
registration database, and other records maintained by the board	3948
of elections and determine whether the individual who cast the	3949
provisional ballot is registered and eligible to vote in the	3950
applicable election. The board shall examine the information	3951
contained in the written affirmation executed by the individual	3952
who cast the provisional ballot under division (B)(2) of section	3953
3505.181 of the Revised Code. ~~If the individual declines to~~	3954
~~execute such an affirmation, the individual's name, written by~~	3955
~~either the individual or the election official at the direction of~~	3956
~~the individual, shall be included in a written affirmation in~~	3957
~~order for the provisional ballot to be eligible to be counted;~~	3958
~~otherwise, the~~If the provisional voter provided identification at	3959
the board of elections prior to the close of the polls under	3960
division (A)(2)(a) of section 3505.18 of the Revised Code, the	3961
board of elections shall match that voter's provisional ballot	3962
envelope with the corresponding voter's identification and	3963
consider that provisional voter to have provided the required	3964
identification at the polling place at the time the ballot was	3965
cast when determining the validity of the provisional ballot. If	3966
the provisional voter provided the individual's social security	3967
number on the provisional ballot envelope under division (A)(2)(b)	3968
of that section, the board of elections shall verify that voter's	3969
social security number with records maintained by the bureau of	3970
motor vehicles. If those records correspond, the board of	3971
elections shall consider that provisional voter to have provided	3972
the required identification at the polling place at the time the	3973
ballot was cast.	3974

The following information shall be included by the	3975
provisional voter in the written affirmation in order for the	3976
provisional ballot to be eligible to be counted:	3977

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

3978

(b) The individual's signature;

3979

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

3980

(d) One of the following:

3981

(i) The individual's social security number;

3982

(ii) The individual's driver's license number;

3983

(iii) The individual's state identification card number;

3984

(iv) Except as otherwise provided in division (B)(1) of this	3985
section, an affirmative notation that the individual provided the	3986
required identification under division (A)(1) of section 3505.18	3987
of the Revised Code;	3988

(e) The individual's residence address;

3989

(f) A statement that the individual is a registered voter in	3990
the jurisdiction in which the provisional ballot is being voted;	3991

~~(c)~~(g) A statement that the individual is eligible to vote in	3992
the election in which the provisional ballot is being voted.	3993

(2) ~~In addition to the information required to be included in~~	3994
~~an affirmation under division (B)(1) of this section, in~~	3995
~~determining whether a provisional ballot is valid and entitled to~~	3996
~~be counted, the board also shall examine any additional~~	3997
~~information for determining ballot validity provided by the~~	3998
~~provisional voter on the affirmation, provided by the provisional~~	3999
~~voter to an election official under section 3505.182 of the~~	4000
~~Revised Code, or provided to the board of elections during the ten~~	4001
~~days after the day of the election under division (B)(8) of~~	4002
~~section 3505.181 of the Revised Code, to assist the board in~~	4003
~~determining the individual's eligibility to vote.~~	4004

~~(3)~~ If, in examining a provisional ballot affirmation ~~and~~	4005
~~additional information under divisions (B)(1) and (2) of this~~	4006
~~section~~, the board determines that all of the following apply, the	4007
provisional ballot envelope shall be opened, and the ballot shall	4008
be placed in a ballot box to be counted:	4009

(a) The individual named on the affirmation is properly	4010
registered to vote.	4011

(b) The individual named on the affirmation is eligible to	4012
cast a ballot in the precinct and for the election in which the	4013
individual cast the provisional ballot.	4014

(c) The individual provided all of the information required	4015
under division (B)(1) of this section in the affirmation that the	4016
individual executed at the time the individual cast the	4017
provisional ballot, or the individual provided all of the	4018
information required under division (B)(1) of this section with	4019
the exception of the required identification, which identification	4020
was provided at the board of elections prior to the close of the	4021
polls or verified by matching the social security number provided	4022
on the voter's provisional ballot envelope records maintained by	4023
the bureau of motor vehicles.	4024

~~(d) If applicable, the individual provided any additional~~	4025
~~information required under division (B)(8) of section 3505.181 of~~	4026
~~the Revised Code within ten days after the day of the election.~~	4027

~~(e) If applicable, the hearing conducted under division (B)~~	4028
~~of section 3503.24 of the Revised Code after the day of the~~	4029
~~election resulted in the individual's inclusion in the official~~	4030
~~registration list.~~	4031

~~(4)~~(3)(a) If, in examining a provisional ballot affirmation	4032
~~and additional information under divisions (B)(1) and (2) of this~~	4033
~~section~~, the board determines that any of the following applies,	4034
the provisional ballot envelope shall not be opened, and the	4035
ballot shall not be counted:	4036

(i) The individual named on the affirmation is not qualified	4037
or is not properly registered to vote.	4038

(ii) The individual named on the affirmation is not eligible	4039
to cast a ballot in the precinct or for the election in which the	4040
individual cast the provisional ballot.	4041

(iii) ~~The~~Except as otherwise provided in division (B)(1) of	4042
this section, the individual did not provide all of the	4043
information required under division (B)(1) of this section in the	4044
affirmation that the individual executed at the time the	4045
individual cast the provisional ballot.	4046

(iv) The individual has already cast a ballot for the	4047
election in which the individual cast the provisional ballot.	4048

(v) ~~If applicable, the individual did not provide any~~	4049
~~additional information required under division (B)(8) of section~~	4050
~~3505.181 of the Revised Code within ten days after the day of the~~	4051
~~election.~~	4052

~~(vi) If applicable, the hearing conducted under division (B)~~	4053
~~of section 3503.24 of the Revised Code after the day of the~~	4054
~~election did not result in the individual's inclusion in the~~	4055
~~official registration list.~~	4056

~~(vii) The individual failed to provide a current and valid~~	4057
~~photo identification, a military identification, a copy of a~~	4058
~~current utility bill, bank statement, government check, paycheck,~~	4059
~~or other government document, other than a notice of an election~~	4060
~~mailed by a board of elections under section 3501.19 of the~~	4061
~~Revised Code or a notice of voter registration mailed by a board~~	4062
~~of elections under section 3503.19 of the Revised Code, with the~~	4063
~~voter's name and current address, or the last four digits of the~~	4064
~~individual's social security number or to execute an affirmation~~	4065
~~under division (A) of section 3505.18 or division (B) of section~~	4066
~~3505.181 of the Revised Code.~~The elector cast a provisional	4067
ballot under division (A)(2) of section 3505.181 of the Revised	4068
Code and failed to provide the required identification under	4069
division (A)(2)(a) of section 3505.18 of the Revised Code, failed	4070
to provide the elector's social security number under division	4071
(A)(2)(b) of that section, or could not be positively identified	4072
because the elector's social security number did not match the	4073
records maintained by the bureau of motor vehicles under that	4074
division.	4075

(b) If, in examining a provisional ballot affirmation ~~and~~	4076
~~additional information under divisions (B)(1) and (2) of this~~	4077
~~section~~, the board is unable to determine either of the following,	4078
the provisional ballot envelope shall not be opened, and the	4079
ballot shall not be counted:	4080

(i) Whether the individual named on the affirmation is	4081
qualified or properly registered to vote;	4082

(ii) Whether the individual named on the affirmation is	4083
eligible to cast a ballot in the precinct or for the election in	4084
which the individual cast the provisional ballot.	4085

(C)(1) For each provisional ballot rejected under division	4086
(B)~~(4)~~(3) of this section, the board shall record the name of the	4087
provisional voter who cast the ballot, the identification number	4088
of the provisional ballot envelope, the names of the election	4089
officials who determined the validity of that ballot, the date and	4090
time that the determination was made, and the reason that the	4091
ballot was not counted.	4092

(2) Provisional ballots that are rejected under division	4093
(B)~~(4)~~(3) of this section shall not be counted but shall be	4094
preserved in their provisional ballot envelopes unopened until the	4095
time provided by section 3505.31 of the Revised Code for the	4096
destruction of all other ballots used at the election for which	4097
ballots were provided, at which time they shall be destroyed.	4098

(D) Provisional ballots that the board determines are	4099
eligible to be counted under division (B)~~(3)~~(2) of this section	4100
shall be counted in the same manner as provided for other ballots	4101
under section 3505.27 of the Revised Code. No provisional ballots	4102
shall be counted in a particular county until the board determines	4103
the eligibility to be counted of all provisional ballots cast in	4104
that county under division (B) of this section for that election.	4105
Observers, as provided in section 3505.21 of the Revised Code, may	4106
be present at all times that the board is determining the	4107
eligibility of provisional ballots to be counted and counting	4108
those provisional ballots determined to be eligible. No person	4109
shall recklessly disclose the count or any portion of the count of	4110
provisional ballots in such a manner as to jeopardize the secrecy	4111
of any individual ballot.	4112

(E)~~(1) Except as otherwise provided in division (E)(2) of~~	4113
~~this section, nothing~~Nothing in this section shall prevent a	4114
board of elections from examining provisional ballot affirmations	4115
~~and additional information under divisions (B)(1) and (2) of this~~	4116
~~section~~ to determine the eligibility of provisional ballots to be	4117
counted during the ten days after the day of an election.	4118

~~(2) A board of elections shall not examine the provisional~~	4119
~~ballot affirmation and additional information under divisions~~	4120
~~(B)(1) and (2) of this section of any provisional ballot for which~~	4121
~~an election official has indicated under division (B)(7) of~~	4122
~~section 3505.181 of the Revised Code that additional information~~	4123
~~is required for the board of elections to determine the~~	4124
~~eligibility of the individual who cast that provisional ballot~~	4125
~~until the individual provides any information required under~~	4126
~~division (B)(8) of section 3505.181 of the Revised Code, until any~~	4127
~~hearing required to be conducted under section 3503.24 of the~~	4128
~~Revised Code with regard to the provisional voter is held, or~~	4129
~~until the eleventh day after the day of the election, whichever is~~	4130
~~earlier.~~	4131

Sec. 3505.20. Any person offering to vote may be challenged	4132
at the polling place by any ~~judge of elections~~precinct election	4133
official. If the board of elections has ruled on the question	4134
presented by a challenge prior to election day, its finding and	4135
decision shall be final, and the ~~presiding judge~~voting location	4136
manager shall be notified in writing. If the board has not ruled,	4137
the question shall be determined as set forth in this section. If	4138
any person is so challenged as unqualified to vote, the ~~presiding~~	4139
~~judge~~voting location manager shall tender the person the	4140
following oath: "You do swear or affirm under penalty of election	4141
falsification that you will fully and truly answer all of the	4142
following questions put to you concerning your qualifications as	4143
an elector at this election."	4144

(A) If the person is challenged as unqualified on the ground	4145
that the person is not a citizen, the ~~judges~~precinct election	4146
officials shall put the following ~~questions~~question:	4147

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

4148

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

4149

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

4150

~~(4) What official documentation do you possess to prove your~~	4151
~~citizenship? Please provide that documentation.~~	4152

~~If the person offering to vote claims to be a naturalized~~	4153
~~citizen of the United States, the person shall, before the vote is~~	4154
~~received, produce for inspection of the judges a certificate of~~	4155
~~naturalization and declare under oath that the person is the~~	4156
~~identical person named in the certificate. If the person states~~	4157
~~under oath that, by reason of the naturalization of the person's~~	4158
~~parents or one of them, the person has become a citizen of the~~	4159
~~United States, and when or where the person's parents were~~	4160
~~naturalized, the certificate of naturalization need not be~~	4161
~~produced. If the person is unable to provide a certificate of~~	4162
~~naturalization on the day of the election, the judges shall~~	4163
~~provide to the person, and the person may vote, a provisional~~	4164
~~ballot under section 3505.181 of the Revised Code. The provisional~~	4165
~~ballot shall not be counted unless it is properly completed and~~	4166
~~the board of elections determines that the voter is properly~~	4167
~~registered and eligible to vote in the election.~~	4168

(B) If the person is challenged as unqualified on the ground	4169
that the person has not resided in this state for thirty days	4170
immediately preceding the election, the ~~judges~~precinct election	4171
officials shall put the following questions:	4172

(1) Have you resided in this state for thirty days	4173
immediately preceding this election? If so, where have you	4174
resided?	4175

(2) Did you properly register to vote?

4176

(3) Can you provide some form of identification containing	4177
your current mailing address in this precinct? Please provide that	4178
identification.	4179

(4) Have you voted or attempted to vote at any other location	4180
in this or in any other state at this election?	4181

(5) Have you applied for an absent voter's ballot in any	4182
state for this election?	4183

If the ~~judges~~precinct election officials are unable to	4184
verify the person's eligibility to cast a ballot in the election,	4185
the ~~judges~~precinct election officials shall provide to the	4186
person, and the person may vote, a provisional ballot under	4187
section 3505.181 of the Revised Code. The provisional ballot shall	4188
not be counted unless it is properly completed and the board of	4189
elections determines that the voter is properly registered and	4190
eligible to vote in the election.	4191

(C) If the person is challenged as unqualified on the ground	4192
that the person is not a resident of the precinct where the person	4193
offers to vote, the ~~judges~~precinct election officials shall put	4194
the following questions:	4195

(1) Do you reside in this precinct?

4196

(2) When did you move into this precinct?

4197

(3) When you came into this precinct, did you come for a	4198
temporary purpose merely or for the purpose of making it your	4199
home?	4200

(4) What is your current mailing address?

4201

(5) Do you have some official identification containing your	4202
current address in this precinct? Please provide that	4203
identification.	4204

(6) Have you voted or attempted to vote at any other location	4205
in this or in any other state at this election?	4206

(7) Have you applied for any absent voter's ballot in any	4207
state for this election?	4208

The ~~judges~~precinct election officials shall direct an	4209
individual who is not in the appropriate polling place to the	4210
appropriate polling place. If the individual refuses to go to the	4211
appropriate polling place, or if the ~~judges~~precinct election	4212
officials are unable to verify the person's eligibility to cast a	4213
ballot in the election, the ~~judges~~precinct election officials	4214
shall provide to the person, and the person may vote, a	4215
provisional ballot under section 3505.181 of the Revised Code. The	4216
provisional ballot shall not be counted unless it is properly	4217
completed and the board of elections determines that the voter is	4218
properly registered and eligible to vote in the election.	4219

(D) If the person is challenged as unqualified on the ground	4220
that the person is not of legal voting age, the ~~judges~~precinct	4221
election officials shall put the following questions:	4222

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

4223

(2) What is your date of birth?

4224

(3) Do you have some official identification verifying your	4225
age? Please provide that identification.	4226

If the ~~judges~~precinct election officials are unable to	4227
verify the person's age and eligibility to cast a ballot in the	4228
election, the ~~judges~~precinct election officials shall provide to	4229
the person, and the person may vote, a provisional ballot under	4230
section 3505.181 of the Revised Code. The provisional ballot shall	4231
not be counted unless it is properly completed and the board of	4232
elections determines that the voter is properly registered and	4233
eligible to vote in the election.	4234

~~The presiding judge shall put such other questions to the~~	4235
~~person challenged as are necessary to determine the person's~~	4236
~~qualifications as an elector at the election.~~ If a person	4237
challenged refuses to answer fully any question put to the person,	4238
is unable to answer the questions as they were answered on the	4239
registration form by the person under whose name the person offers	4240
to vote, or refuses to sign the person's name or make the person's	4241
mark, or if for any other reason a majority of the ~~judges~~precinct	4242
election officials believes the person is not entitled to vote,	4243
the ~~judges~~precinct election officials shall provide to the	4244
person, and the person may vote, a provisional ballot under	4245
section 3505.181 of the Revised Code. The provisional ballot shall	4246
not be counted unless it is properly completed and the board of	4247
elections determines that the voter is properly registered and	4248
eligible to vote in the election.	4249

A qualified citizen who has certified the citizen's intention	4250
to vote for president and vice-president as provided by Chapter	4251
3504. of the Revised Code shall be eligible to receive only the	4252
ballot containing presidential and vice-presidential candidates.	4253

However, prior to the nineteenth day before the day of an	4254
election and in accordance with section 3503.24 of the Revised	4255
Code, any person qualified to vote may challenge the right of any	4256
other person to be registered as a voter, or the right to cast an	4257
absent voter's ballot, or to make application for such ballot.	4258
Such challenge shall be made in accordance with section 3503.24 of	4259
the Revised Code, and the board of elections of the county in	4260
which the voting residence of the challenged voter is situated	4261
shall make a final determination relative to the legality of such	4262
registration or application.	4263

Sec. 3505.21. (A) As used in this section, "during the	4264
casting of the ballots" includes any time during which a board of	4265
elections permits an elector to vote an absent voter's ballot in	4266
person at the office of the board and any time ballots may be cast	4267
in a precinct polling place on the day of an election.	4268

(B) At any primary, special, or general election, any	4269
political party supporting candidates to be voted upon at such	4270
election and any group of five or more candidates may appoint to	4271
the board of elections or to any of the precincts in the county or	4272
city one person, a qualified elector, who shall serve as observer	4273
for such party or such candidates during the casting of the	4274
ballots and during the counting of the ballots; provided that	4275
separate observers may be appointed to serve during the casting	4276
and during the counting of the ballots. No candidate, no uniformed	4277
peace officer as defined by section 2935.01 of the Revised Code,	4278
no uniformed state highway patrol trooper, no uniformed member of	4279
any fire department, no uniformed member of the armed services, no	4280
uniformed member of the organized militia, no person wearing any	4281
other uniform, and no person carrying a firearm or other deadly	4282
weapon shall serve as an observer, nor shall any candidate be	4283
represented by more than one observer at any one precinct at the	4284
board of elections except that a candidate who is a member of a	4285
party controlling committee, as defined in section 3517.03 of the	4286
Revised Code, may serve as an observer. ~~Any~~	4287

(C) Any political party or group of candidates appointing	4288
observers shall notify the board of elections of the names and	4289
addresses of its appointees and the precincts at which they shall	4290
serve or that they will serve at the board of elections.	4291
Notification of observers appointed to serve on the day of an	4292
election shall take place not less than eleven days before the day	4293
of the election on forms prescribed by the secretary of state and	4294
may be amended by filing an amendment with the board of elections	4295
at any time until four p.m. of the day before the election.	4296
Notification of observers appointed to serve at the office of the	4297
board during the time absent voter's ballots may be cast in person	4298
shall take place not less than eleven days before absent voter's	4299
ballots are required to be ready for use pursuant to division	4300
(B)(3) of section 3509.01 of the Revised Code on forms prescribed	4301
by the secretary of state and may be amended by filing an	4302
amendment with the board of elections at any time until four p.m.	4303
of the day before the observer is appointed to serve. The observer	4304
serving on behalf of a political party shall be appointed in	4305
writing by the chairperson and secretary of the respective	4306
controlling party committee. Observers serving for any five or	4307
more candidates shall have their certificates signed by those	4308
candidates. Observers appointed to a precinct may file their	4309
certificates of appointment with the ~~presiding judge~~voting	4310
location manager of the precinct at the meeting on the evening	4311
prior to the election, or with the ~~presiding judge~~voting location	4312
manager of the precinct on the day of the election. ~~Upon~~Observers	4313
appointed to the office of the board to observe the casting of	4314
absent voter's ballots in person prior to the day of the election	4315
may file their certificates with the director of the board of	4316
elections the day before or on the day that the observers are	4317
scheduled to serve at the office of the board.	4318

Upon the filing of a certificate, the person named as	4319
observer in the certificate shall be permitted to be in and about	4320
the applicable polling place ~~for the precinct~~ during the casting	4321
of the ballots and shall be permitted to watch every proceeding of	4322
the ~~judges of elections~~precinct election officials from the time	4323
of the opening until the closing of the polls. The observer also	4324
may inspect the counting of all ballots in the polling place or	4325
board of elections from the time of the closing of the polls until	4326
the counting is completed and the final returns are certified and	4327
signed. Observers appointed to serve at the board of elections on	4328
the day of an election under this section may observe at the board	4329
of elections and may observe at any precinct in the county. The	4330
~~judges of elections~~precinct election officials shall protect such	4331
observers in all of the rights and privileges granted to them by	4332
Title XXXV of the Revised Code.	4333

(D) No persons other than the ~~judges of elections~~precinct	4334
election officials, the observers, a police officer, other persons	4335
who are detailed to any precinct on request of the board of	4336
elections, or the secretary of state or the secretary of state's	4337
legal representative shall be admitted to the polling place, or	4338
any room in which a board of elections is counting ballots, after	4339
the closing of the polls until the counting, certifying, and	4340
signing of the final returns of each election have been completed.	4341

(E) Not later than four p.m. of the twentieth day prior to an	4342
election at which questions are to be submitted to a vote of the	4343
people, any committee that in good faith advocates or opposes a	4344
measure may file a petition with the board of any county asking	4345
that the petitioners be recognized as the committee entitled to	4346
appoint observers to the count at the election. If more than one	4347
committee alleging themselves to advocate or oppose the same	4348
measure file such a petition, the board shall decide and announce	4349
by registered mail to each committee not less than twelve days	4350
immediately preceding the election which committee is recognized	4351
as being entitled to appoint observers. The decision shall not be	4352
final, but any aggrieved party may institute mandamus proceedings	4353
in the court of common pleas of the county in which the board has	4354
jurisdiction to compel the ~~judges of elections~~precinct election	4355
officials to accept the appointees of such aggrieved party. Any	4356
such recognized committee may appoint an observer to the count in	4357
each precinct. Committees appointing observers shall notify the	4358
board of elections of the names and addresses of its appointees	4359
and the precincts at which they shall serve. Notification shall	4360
take place not less than eleven days before the election on forms	4361
prescribed by the secretary of state and may be amended by filing	4362
an amendment with the board of elections at any time until four	4363
p.m. on the day before the election. A person so appointed shall	4364
file the person's certificate of appointment with the ~~presiding~~	4365
~~judge~~voting location manager in the precinct in which the person	4366
has been appointed to serve. Observers shall file their	4367
certificates before the polls are closed. In no case shall more	4368
than six observers be appointed for any one election in any one	4369
precinct. If more than three questions are to be voted on, the	4370
committees which have appointed observers may agree upon not to	4371
exceed six observers, and the ~~judges of elections~~precinct	4372
election officials shall appoint such observers. If such	4373
committees fail to agree, the ~~judges of elections~~precinct	4374
election officials shall appoint six observers from the appointees	4375
so certified, in such manner that each side of the several	4376
questions shall be represented.	4377

(F) No person shall serve as an observer at any precinct or	4378
at the board of elections unless the board of elections of the	4379
county in which such observer is to serve has first been notified	4380
of the name, address, and ~~precinct~~location at which such observer	4381
is to serve. Notification to the board of elections shall be given	4382
by the political party, group of candidates, or committee	4383
appointing such observer as prescribed in this section. No such	4384
observers shall receive any compensation from the county,	4385
municipal corporation, or township, and they shall take the	4386
following oath, to be administered by one of the ~~judges of~~	4387
~~elections~~precinct election officials:	4388

"You do solemnly swear that you will faithfully and	4389
impartially discharge the duties as an official observer, assigned	4390
by law; that you will not cause any delay to persons offering to	4391
vote; and that you will not disclose or communicate to any person	4392
how any elector has voted at such election.	4393

(G)(1) An observer who serves during the casting of the	4394
ballots shall only be permitted to do the following:	4395

(a) Watch and listen to the activities conducted by the	4396
precinct election officials and the interactions between precinct	4397
election officials and voters, as long as the precinct election	4398
officials are not delayed in performing the officials' prescribed	4399
duties and voters are not delayed in casting their ballots;	4400

(b) Make notes on the observer's observations other than by	4401
means of a photographic, video, or audio recording.	4402

(2)(a) No observer who serves during the casting of the	4403
ballots shall interact with any precinct election official or with	4404
any voter while the observer is inside the polling place, within	4405
the area between the polling place and the small flags of the	4406
United States placed on the thoroughfares and walkways leading to	4407
the polling place, or within ten feet of any elector in line	4408
waiting to vote, if the line of electors waiting to vote extends	4409
beyond those small flags.	4410

(b) An observer does not violate division (G)(2)(a) of this	4411
section as a result of an incidental interaction with a voter or a	4412
precinct election official, such as an exchange of greetings.	4413

Sec. 3505.23. NoExcept as otherwise provided in this	4414
section, no voter shall be allowed to occupy a voting compartment	4415
or use a voting machine for more than ~~five~~ten minutes when all	4416
the voting compartments or machines are in use and voters are	4417
waiting to occupy them. ~~Except~~The ten-minute time limit shall not	4418
apply to any person who is disabled and requires accommodation to	4419
the extent required under the "Americans with Disabilities Act of	4420
1990," 104 Stat. 327, 42 U.S.C. 12101.	4421

Except as otherwise provided by section 3505.24 of the	4422
Revised Code, no voter shall occupy a voting compartment or	4423
machine with another person or speak to anyone, nor shall anyone	4424
speak to the voter, while the voter is in a voting compartment or	4425
machine.	4426

In precincts that do not use voting machines the following	4427
procedure shall be followed:	4428

If a voter tears, soils, defaces, or erroneously marks a	4429
ballot the voter may return it to the precinct election officials	4430
and a second ballot shall be issued to the voter. Before returning	4431
a torn, soiled, defaced, or erroneously marked ballot, the voter	4432
shall fold it so as to conceal any marks the voter made upon it,	4433
but the voter shall not remove Stub A therefrom. If the voter	4434
tears, soils, defaces, or erroneously marks such second ballot,	4435
the voter may return it to the precinct election officials, and a	4436
third ballot shall be issued to the voter. In no case shall more	4437
than three ballots be issued to a voter. Upon receiving a returned	4438
torn, soiled, defaced, or erroneously marked ballot the precinct	4439
election officials shall detach Stub A therefrom, write "Defaced"	4440
on the back of such ballot, and place the stub and the ballot in	4441
the separate containers provided therefor.	4442

No elector shall leave the polling place until the elector	4443
returns to the precinct election officials every ballot issued to	4444
the elector with Stub A on each ballot attached thereto,	4445
regardless of whether the elector has or has not placed any marks	4446
upon the ballot.	4447

Before leaving the voting compartment, the voter shall fold	4448
each ballot marked by the voter so that no part of the face of the	4449
ballot is visible, and so that the printing thereon indicating the	4450
kind of ballot it is and the facsimile signatures of the members	4451
of the board of elections are visible. The voter shall then leave	4452
the voting compartment, deliver the voter's ballots, and state the	4453
voter's name to the ~~judge~~precinct election official having charge	4454
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	4455
A from each ballot, and announce the number on the stubs. The	4456
~~judges~~precinct election officials in charge of the poll lists or	4457
poll books shall check to ascertain whether the number so	4458
announced is the number on Stub B of the ballots issued to such	4459
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	4460
election official in charge of the ballot ~~boxes~~box shall, in the	4461
presence of the voter, deposit each such ballot in the ~~proper~~	4462
ballot box and shall place Stub A from each ballot in the	4463
container provided therefor. The voter shall then immediately	4464
leave the polling place.	4465

No ballot delivered by a voter to the ~~judge~~precinct election	4466
official in charge of the ballot ~~boxes~~box with Stub A detached	4467
therefrom, and only ballots provided in accordance with Title XXXV	4468
of the Revised Code, shall be voted or deposited in the ballot	4469
~~boxes~~box.	4470

In marking a presidential ballot, the voter shall record the	4471
vote in the manner provided on the ballot next to the names of the	4472
candidates for the offices of president and vice-president. Such	4473
ballot shall be considered and counted as a vote for each of the	4474
candidates for election as presidential elector whose names were	4475
certified to the secretary of state by the political party of such	4476
nominees for president and vice-president.	4477

In marking an office type ballot or nonpartisan ballot, the	4478
voter shall record the vote in the manner provided on the ballot	4479
next to the name of each candidate for whom the voter desires to	4480
vote.	4481

In marking a primary election ballot, the voter shall record	4482
the vote in the manner provided on the ballot next to the name of	4483
each candidate for whom the voter desires to vote. If the voter	4484
desires to vote for the nomination of a person whose name is not	4485
printed on the primary election ballot, the voter may do so by	4486
writing such person's name on the ballot in the proper place	4487
provided for such purpose.	4488

In marking a questions and issues ballot, the voter shall	4489
record the vote in the manner provided on the ballot at the left	4490
or at the right of "YES" or "NO" or other words of similar import	4491
which are printed on the ballot to enable the voter to indicate	4492
how the voter votes in connection with each question or issue upon	4493
which the voter desires to vote.	4494

In marking any ballot on which a blank space has been	4495
provided wherein an elector may write in the name of a person for	4496
whom the elector desires to vote, the elector shall write such	4497
person's name in such blank space and on no other place on the	4498
ballot. Unless specific provision is made by statute, no blank	4499
space shall be provided on a ballot for write-in votes, and any	4500
names written on a ballot other than in a blank space provided	4501
therefor shall not be counted or recorded.	4502

Sec. 3505.24. ~~Any~~Notwithstanding any provision of the	4503
Revised Code to the contrary, any elector who declares to the	4504
~~presiding judge of elections~~voting location manager that the	4505
elector is unable to mark the elector's ballot by reason of	4506
blindness, disability, or illiteracy may be accompanied in the	4507
voting booth and aided by any person of the elector's choice,	4508
other than the elector's employer, an agent of the elector's	4509
employer, or an officer or agent of the elector's union, if any.	4510
The elector also may request and receive assistance in the marking	4511
of the elector's ballot from two election officials of different	4512
political parties. Any person providing assistance in the marking	4513
of an elector's ballot under this section shall thereafter provide	4514
no information in regard to the marking of that ballot.	4515

Any ~~judge~~precinct election official may require a	4516
declaration of inability to be made by the elector under oath	4517
before the ~~judge~~official. Assistance shall not be rendered for	4518
causes other than those specified in this section, and no	4519
candidate whose name appears on the ballot shall assist any person	4520
in marking that person's ballot.	4521

Sec. 3505.26. At the time for closing the polls, the	4522
~~presiding judge~~voting location manager shall by proclamation	4523
announce that the polls are closed.	4524

The ~~judges~~precinct election officials shall then in the	4525
presence of observers proceed as follows:	4526

(A) Count the number of electors who voted, as shown on the	4527
pollbooks;	4528

(B) Count the unused ballots without removing stubs;

4529

4530

(D) Insert the totals of (A), (B), and (C) on the report	4531
forms provided therefor in the pollbook;	4532

(E) Count the voted ballots. If the number of voted ballots	4533
exceeds the number of voters whose names appear upon the	4534
pollbooks, the ~~presiding judge~~voting location manager shall enter	4535
on the pollbooks an explanation of that discrepancy, and that	4536
explanation, if agreed to, shall be subscribed to by all of the	4537
~~judges~~precinct election officials. Any ~~judge~~precinct official	4538
having a different explanation shall enter it in the pollbooks and	4539
subscribe to it.	4540

(F) Put the unused ballots with stubs attached, and soiled	4541
and defaced ballots with stubs attached, in the envelopes or	4542
containers provided therefor, certify the number, and then proceed	4543
to count and tally the votes in the manner prescribed by section	4544
3505.27 of the Revised Code and certify the result of the election	4545
to the board of elections.	4546

Sec. 3505.28. (A)(1) No ballot shall be counted which is	4547
marked contrary to law, except that no ballot shall be rejected	4548
for any technical error unless it is impossible to determine the	4549
voter's choice. If	4550

(2) A ballot is marked contrary to law and does not contain a	4551
technical error if the voter marks more selections for a	4552
particular office, question, or issue than the number of	4553
selections that the voter is allowed by law to make for that	4554
office, question, or issue.	4555

(3) Except as otherwise provided in this division, a voter	4556
makes more selections for a particular office than the voter is	4557
allowed by law to make for that office if the voter marks the	4558
ballot for a candidate and also writes in the name of that	4559
candidate as a write-in vote. If all of the following apply, then	4560
the ballot is not marked contrary to law and the ballot shall be	4561
counted:	4562

(a) The voter marks the ballot for a candidate and writes in	4563
the identical candidate's name;	4564

(b) The ballots are counted at a central location using	4565
automatic tabulating equipment; and	4566

(c) At least three members of the board of elections agree	4567
that the candidate's name, as it appears on the ballot, and the	4568
name of the candidate written in by the voter are identical.	4569

(4) If the voter makes more selections for a particular	4570
office, question, or issue than the number of selections that the	4571
voter is allowed by law to make, the voter's ballot shall be	4572
invalidated for that office, question, or issue, but shall not be	4573
invalidated for any other office, question, or issue for which the	4574
voter has not marked an excess number of selections.	4575

(B) If two or more ballots are found folded together among	4576
the ballots removed from a ballot box, they shall be deemed to be	4577
fraudulent. Such ballots shall not be counted. They shall be	4578
marked "Fraudulent" and shall be placed in an envelope indorsed	4579
"Not Counted" with the reasons therefor, and such envelope shall	4580
be delivered to the board of elections together with other	4581
uncounted ballots.	4582

(C) No ballot shall be rejected because of being marked with	4583
ink or by any writing instrument other than one of the pencils	4584
provided by the board of elections.	4585

Sec. 3505.29. From the time the ballot box is opened and the	4586
count of ballots begun until the ballots are counted and	4587
certificates of votes cast are made out, signed, certified and	4588
given to the ~~presiding judge~~voting location manager for delivery	4589
to the headquarters of the board of elections, the ~~judges~~precinct	4590
election officials in each precinct shall not separate, nor shall	4591
a ~~judge~~precinct election official leave the polling place except	4592
from unavoidable necessity. In cases of illness or unavoidable	4593
necessity, the board may substitute another qualified person for	4594
any precinct official so incapacitated.	4595

Sec. 3505.30. When the results of the ballots have been	4596
ascertained, such results shall be embodied in a summary statement	4597
to be prepared by the ~~judges~~precinct election officials in	4598
duplicate, on forms provided by the board of elections. One copy	4599
shall be certified by the ~~judges~~precinct election officials and	4600
posted on the front of the polling place, and one copy, similarly	4601
certified, shall be transmitted without delay to the board in a	4602
sealed envelope along with the other returns of the election. The	4603
board shall, immediately upon receipt of such summary statements,	4604
compile and prepare an unofficial count and upon its completion	4605
shall transmit prepaid, immediately by telephone, facsimile	4606
machine, or other telecommunications device, the results of such	4607
unofficial count to the secretary of state, or to the board of the	4608
most populous county of the district which is authorized to	4609
canvass the returns. Such count, in no event, shall be made later	4610
than twelve noon on the day following the election. ~~The board~~	4611
~~shall also, at the same time, certify the results thereof to the~~	4612
~~secretary of state by certified mail.~~ The board shall remain in	4613
session from the time of the opening of the polls, continuously,	4614
until the results of the election are received from every precinct	4615
in the county and such results are communicated to the secretary	4616
of state.	4617

Sec. 3505.31. When the results of the voting in a polling	4618
place on the day of an election have been determined and entered	4619
upon the proper forms and the certifications of those results have	4620
been signed by the precinct officials, those officials, before	4621
leaving the polling place, shall place all ballots that they have	4622
counted in containers provided for that purpose by the board of	4623
elections, and shall seal each container in a manner that it	4624
cannot be opened without breaking the seal or the material of	4625
which the container is made. They shall also seal the pollbook,	4626
poll list or signature pollbook, and tally sheet in a manner that	4627
the data contained in these items cannot be seen without breaking	4628
the seals. On the outside of these items shall be a plain	4629
indication that they are to be filed with the board. The ~~presiding~~	4630
~~judge~~voting location manager and an employee or appointee of the	4631
board of elections who has taken an oath to uphold the laws and	4632
constitution of this state, including an oath that the person will	4633
promptly and securely perform the duties required under this	4634
section and who is a member of a different political party than	4635
the ~~presiding judge~~voting location manager, shall then deliver to	4636
the board the containers of ballots and the sealed pollbook, poll	4637
list, and tally sheet, together with all other election reports,	4638
materials, and supplies required to be delivered to the board.	4639

The board shall carefully preserve all ballots prepared and	4640
provided by it for use in an election, whether used or unused, for	4641
sixty days after the day of the election, except that, if an	4642
election includes the nomination or election of candidates for any	4643
of the offices of president, vice-president, presidential elector,	4644
member of the senate of the congress of the United States, or	4645
member of the house of representatives of the congress of the	4646
United States, the board shall carefully preserve all ballots	4647
prepared and provided by it for use in that election, whether used	4648
or unused, for twenty-two months after the day of the election. If	4649
an election is held within that sixty-day period, the board shall	4650
have authority to transfer those ballots to other containers to	4651
preserve them until the sixty-day period has expired. After that	4652
sixty-day period, the ballots shall be disposed of by the board in	4653
a manner that the board orders, or where voting machines have been	4654
used the counters may be turned back to zero; provided that the	4655
secretary of state, within that sixty-day period, may order the	4656
board to preserve the ballots or any part of the ballots for a	4657
longer period of time, in which event the board shall preserve	4658
those ballots for that longer period of time.	4659

In counties where voting machines are used, if an election is	4660
to be held within the sixty days immediately following a primary,	4661
general, or special election or within any period of time within	4662
which the ballots have been ordered preserved by the secretary of	4663
state or a court of competent jurisdiction, the board, after	4664
giving notice to all interested parties and affording them an	4665
opportunity to have a representative present, shall open the	4666
compartments of the machines and, without unlocking the machines,	4667
shall recanvass the vote cast in them as if a recount were being	4668
held. The results shall be certified by the board, and this	4669
certification shall be filed in the board's office and retained	4670
for the remainder of the period for which ballots must be kept.	4671
After preparation of the certificate, the counters may be turned	4672
back to zero, and the machines may be used for the election.	4673

The board shall carefully preserve the pollbook, poll list or	4674
signature pollbook, and tally sheet delivered to it from each	4675
polling place until it has completed the official canvass of the	4676
election returns from all precincts in which electors were	4677
entitled to vote at an election, and has prepared and certified	4678
the abstracts of election returns, as required by law. The board	4679
shall not break, or permit anyone to break, the seals upon the	4680
pollbook, poll list or signature pollbook, and tally sheet, or	4681
make, or permit any one to make, any changes or notations in these	4682
items, while they are in its custody, except as provided by	4683
section 3505.32 of the Revised Code.	4684

Pollbooks and poll lists or signature pollbooks of a party	4685
primary election delivered to the board from polling places shall	4686
be carefully preserved by it for two years after the day of	4687
election in which they were used, and shall then be disposed of by	4688
the board in a manner that the board orders.	4689

Pollbooks, poll lists or signature pollbooks, tally sheets,	4690
summary statements, and other records and returns of an election	4691
delivered to it from polling places shall be carefully preserved	4692
by the board for two years after the day of the election in which	4693
they were used, and shall then be disposed of by the board in a	4694
manner that the board orders.	4695

Sec. 3506.021. (A) A board of elections may adopt the use of	4696
any electronic pollbook that has been certified for use in this	4697
state in accordance with section 3506.05 of the Revised Code,	4698
instead of using poll lists or signature pollbooks. A board of	4699
elections that opts to use electronic pollbooks shall notify the	4700
secretary of state of that decision.	4701

(B) The secretary of state shall provide each board of	4702
elections that adopts the use of electronic pollbooks under	4703
division (A) of this section with rules, instructions, directives,	4704
and advisories regarding the examination, testing, and use of	4705
electronic pollbooks, including rules regarding the sealing of the	4706
information in those pollbooks as required under section 3505.31	4707
of the Revised Code.	4708

(C) As used in this section, "electronic pollbook" has the	4709
same meaning as in section 3506.05 of the Revised Code.	4710

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

4711

(1) "Electronic pollbook" means an electronic list of	4712
registered voters for a particular precinct or polling location	4713
that may be transported to a polling location;	4714

(2) Except when used as part of the phrase "tabulating	4715
equipment" or "automatic tabulating equipment,":	4716

~~(1) "Equipment"~~"equipment" means a voting machine, marking	4717
device, automatic tabulating equipment, or software, or an	4718
electronic pollbook.	4719

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	4720
distributes, or has the legal right to control the use of	4721
equipment, or the person's agent.	4722

(B) No voting machine, marking device, automatic tabulating	4723
equipment, or software for the purpose of casting or tabulating	4724
votes or for communications among systems involved in the	4725
tabulation, storage, or casting of votes, and no electronic	4726
pollbook, shall be purchased, leased, put in use, or continued to	4727
be used, except for experimental use as provided in division (B)	4728
of section 3506.04 of the Revised Code, unless it, a manual of	4729
procedures governing its use, and training materials, service, and	4730
other support arrangements have been certified by the secretary of	4731
state and unless the board of elections of each county where the	4732
equipment will be used has assured that a demonstration of the use	4733
of the equipment has been made available to all interested	4734
electors. The secretary of state shall appoint a board of voting	4735
machine examiners to examine and approve equipment and its related	4736
manuals and support arrangements. The board shall consist of four	4737
members, who shall be appointed as follows:	4738

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

4739

(2) One member appointed by either the speaker of the house	4740
of representatives or the minority leader of the house of	4741
representatives, whichever is a member of the opposite political	4742
party from the one to which the secretary of state belongs.	4743

(3) One member appointed by either the president of the	4744
senate or the minority leader of the senate, whichever is a member	4745
of the opposite political party from the one to which the	4746
secretary of state belongs.	4747

In all cases of a tie vote or a disagreement in the board, if	4748
no decision can be arrived at, the board shall submit the matter	4749
in controversy to the secretary of state, who shall summarily	4750
decide the question, and the secretary of state's decision shall	4751
be final. Each member of the board shall be a competent and	4752
experienced election officer or a person who is knowledgeable	4753
about the operation of voting equipment and shall serve during the	4754
secretary of state's term. Any vacancy on the board shall be	4755
filled in the same manner as the original appointment. The	4756
secretary of state shall provide staffing assistance to the board,	4757
at the board's request.	4758

For the member's service, each member of the board shall	4759
receive three hundred dollars per day for each combination of	4760
marking device, tabulating equipment, ~~and~~ voting machine, and	4761
electronic pollbook examined and reported, but in no event shall a	4762
member receive more than six hundred dollars to examine and report	4763
on any one marking device, item of tabulating equipment, or voting	4764
machine, or electronic pollbook. Each member of the board shall be	4765
reimbursed for expenses the member incurs during an examination or	4766
during the performance of any related duties that may be required	4767
by the secretary of state. Reimbursement of these expenses shall	4768
be made in accordance with, and shall not exceed, the rates	4769
provided for under section 126.31 of the Revised Code.	4770

Neither the secretary of state nor the board, nor any public	4771
officer who participates in the authorization, examination,	4772
testing, or purchase of equipment, shall have any pecuniary	4773
interest in the equipment or any affiliation with the vendor.	4774

(C)(1) A vendor who desires to have the secretary of state	4775
certify equipment shall first submit the equipment, all current	4776
related procedural manuals, and a current description of all	4777
related support arrangements to the board of voting machine	4778
examiners for examination, testing, and approval. The submission	4779
shall be accompanied by a fee of eighteen hundred dollars and a	4780
detailed explanation of the construction and method of operation	4781
of the equipment, a full statement of its advantages, and a list	4782
of the patents and copyrights used in operations essential to the	4783
processes of vote recording and tabulating, vote storage, system	4784
security, pollbook storage and security, and other crucial	4785
operations of the equipment as may be determined by the board. An	4786
additional fee, in an amount to be set by rules promulgated by the	4787
board, may be imposed to pay for the costs of alternative testing	4788
or testing by persons other than board members, record-keeping,	4789
and other extraordinary costs incurred in the examination process.	4790
Moneys not used shall be returned to the person or entity	4791
submitting the equipment for examination.	4792

(2) Fees collected by the secretary of state under this	4793
section shall be deposited into the state treasury to the credit	4794
of the board of voting machine examiners fund, which is hereby	4795
created. All moneys credited to this fund shall be used solely for	4796
the purpose of paying for the services and expenses of each member	4797
of the board or for other expenses incurred relating to the	4798
examination, testing, reporting, or certification of ~~voting~~	4799
~~machine devices~~equipment, the performance of any related duties	4800
as required by the secretary of state, or the reimbursement of any	4801
person submitting an examination fee as provided in this chapter.	4802

(D) Within sixty days after the submission of the equipment	4803
and payment of the fee, or as soon thereafter as is reasonably	4804
practicable, but in any event within not more than ninety days	4805
after the submission and payment, the board of voting machine	4806
examiners shall examine the equipment and file with the secretary	4807
of state a written report on the equipment with its	4808
recommendations and, if applicable, its determination or condition	4809
of approval regarding whether the equipment, manual, and other	4810
related materials or arrangements meet the criteria set forth in	4811
sections 3506.07 and 3506.10 of the Revised Code and can be safely	4812
used by the voters at elections under the conditions prescribed in	4813
Title XXXV of the Revised Code, or a written statement of reasons	4814
for which testing requires a longer period. The board may grant	4815
temporary approval for the purpose of allowing experimental use of	4816
equipment. If the board finds that the equipment meets ~~the~~any	4817
applicable criteria set forth in sections 3506.06, 3506.07, and	4818
3506.10 of the Revised Code, can be used safely and, if	4819
applicable, can be depended upon to record and count accurately	4820
and continuously the votes of electors, and has the capacity to be	4821
warranted, maintained, and serviced, it shall approve the	4822
equipment and recommend that the secretary of state certify the	4823
equipment. The secretary of state shall notify all boards of	4824
elections of any such certification. Equipment of the same model	4825
and make, if it ~~provides for recording of voter intent, system~~	4826
~~security, voter privacy, retention of vote, and communication of~~	4827
~~voting records~~operates in an identical manner, may then be	4828
adopted for use at elections.	4829

(E) The vendor shall notify the secretary of state, who shall	4830
then notify the board of voting machine examiners, of any	4831
enhancement and any significant adjustment to the hardware or	4832
software that could result in a patent or copyright change or that	4833
significantly alters the methods of recording voter intent, system	4834
security, voter privacy, retention of the vote, communication of	4835
~~voting~~ records, and connections between the system and other	4836
systems. The vendor shall provide the secretary of state with an	4837
updated operations manual for the equipment, and the secretary of	4838
state shall forward the manual to the board. Upon receiving such a	4839
notification and manual, the board may require the vendor to	4840
submit the equipment to an examination and test in order for the	4841
equipment to remain certified. The board or the secretary of state	4842
shall periodically examine, test, and inspect certified equipment	4843
to determine continued compliance with the requirements of this	4844
chapter and the initial certification. Any examination, test, or	4845
inspection conducted for the purpose of continuing certification	4846
of any equipment in which a significant problem has been uncovered	4847
or in which a record of continuing problems exists shall be	4848
performed pursuant to divisions (C) and (D) of this section, in	4849
the same manner as the examination, test, or inspection is	4850
performed for initial approval and certification.	4851

(F) If, at any time after the certification of equipment, the	4852
board of voting machine examiners or the secretary of state is	4853
notified by a board of elections of any significant problem with	4854
the equipment or determines that the equipment fails to meet the	4855
requirements necessary for approval or continued compliance with	4856
the requirements of this chapter, or if the board of voting	4857
machine examiners determines that there are significant	4858
enhancements or adjustments to the hardware or software, or if	4859
notice of such enhancements or adjustments has not been given as	4860
required by division (E) of this section, the secretary of state	4861
shall notify the users and vendors of that equipment that	4862
certification of the equipment may be withdrawn.	4863

(G)(1) The notice given by the secretary of state under	4864
division (F) of this section shall be in writing and shall specify	4865
both of the following:	4866

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

4867

(b) The date on which certification will be withdrawn unless	4868
the vendor takes satisfactory corrective measures or explains why	4869
there are no problems with the equipment or why the enhancements	4870
or adjustments to the equipment are not significant.	4871

(2) A vendor who receives a notice under division (F) of this	4872
section shall, within thirty days after receiving it, submit to	4873
the board of voting machine examiners in writing a description of	4874
the corrective measures taken and the date on which they were	4875
taken, or the explanation required under division (G)(1)(b) of	4876
this section.	4877

(3) Not later than fifteen days after receiving a written	4878
description or explanation under division (G)(2) of this section	4879
from a vendor, the board shall determine whether the corrective	4880
measures taken or the explanation is satisfactory to allow	4881
continued certification of the equipment, and the secretary of	4882
state shall send the vendor a written notice of the board's	4883
determination, specifying the reasons for it. If the board has	4884
determined that the measures taken or the explanation given is	4885
unsatisfactory, the notice shall include the effective date of	4886
withdrawal of the certification. This date may be different from	4887
the date originally specified in division (G)(1)(b) of this	4888
section.	4889

(4) A vendor who receives a notice under division (G)(3) of	4890
this section indicating a decision to withdraw certification may,	4891
within thirty days after receiving it, request in writing that the	4892
board hold a hearing to reconsider its decision. Any interested	4893
party shall be given the opportunity to submit testimony or	4894
documentation in support of or in opposition to the board's	4895
recommendation to withdraw certification. Failure of the vendor to	4896
take appropriate steps as described in division (G)(1)(b) or to	4897
comply with division (G)(2) of this section results in a waiver of	4898
the vendor's rights under division (G)(4) of this section.	4899

(H)(1) The secretary of state, in consultation with the board	4900
of voting machine examiners, shall establish, by rule, guidelines	4901
for the approval, certification, and continued certification of	4902
the voting machines, marking devices, ~~and~~ tabulating equipment,	4903
and electronic pollbooks to be used under Title XXXV of the	4904
Revised Code. The guidelines shall establish procedures requiring	4905
vendors or computer software developers to place in escrow with an	4906
independent escrow agent approved by the secretary of state a copy	4907
of all source code and related documentation, together with	4908
periodic updates as they become known or available. The secretary	4909
of state shall require that the documentation include a system	4910
configuration and that the source code include all relevant	4911
program statements in low- or high-level languages. As used in	4912
this division, "source code" does not include variable codes	4913
created for specific elections.	4914

(2) Nothing in any rule adopted under division (H) of this	4915
section shall be construed to limit the ability of the secretary	4916
of state to follow or adopt, or to preclude the secretary of state	4917
from following or adopting, any guidelines proposed by the federal	4918
election commission, any entity authorized by the federal election	4919
commission to propose guidelines, the election assistance	4920
commission, or any entity authorized by the election assistance	4921
commission to propose guidelines.	4922

(3)(a) Before the initial certification of any direct	4923
recording electronic voting machine with a voter verified paper	4924
audit trail, and as a condition for the continued certification	4925
and use of those machines, the secretary of state shall establish,	4926
by rule, standards for the certification of those machines. Those	4927
standards shall include, but are not limited to, all of the	4928
following:	4929

(i) A definition of a voter verified paper audit trail as a	4930
paper record of the voter's choices that is verified by the voter	4931
prior to the casting of the voter's ballot and that is securely	4932
retained by the board of elections;	4933

(ii) Requirements that the voter verified paper audit trail	4934
shall not be retained by any voter and shall not contain	4935
individual voter information;	4936

(iii) A prohibition against the production by any direct	4937
recording electronic voting machine of anything that legally could	4938
be removed by the voter from the polling place, such as a receipt	4939
or voter confirmation;	4940

(iv) A requirement that paper used in producing a voter	4941
verified paper audit trail be sturdy, clean, and resistant to	4942
degradation;	4943

(v) A requirement that the voter verified paper audit trail	4944
shall be capable of being optically scanned for the purpose of	4945
conducting a recount or other audit of the voting machine and	4946
shall be readable in a manner that makes the voter's ballot	4947
choices obvious to the voter without the use of computer or	4948
electronic codes;	4949

(vi) A requirement, for office-type ballots, that the voter	4950
verified paper audit trail include the name of each candidate	4951
selected by the voter;	4952

(vii) A requirement, for questions and issues ballots, that	4953
the voter verified paper audit trail include the title of the	4954
question or issue, the name of the entity that placed the question	4955
or issue on the ballot, and the voter's ballot selection on that	4956
question or issue, but not the entire text of the question or	4957
issue.	4958

(b) The secretary of state, by rule adopted under Chapter	4959
119. of the Revised Code, may waive the requirement under division	4960
(H)(3)(a)(v) of this section, if the secretary of state determines	4961
that the requirement is cost prohibitive.	4962

(4)(a) Except as otherwise provided in division (H)(4)(c) of	4963
this section, any voting machine, marking device, or automatic	4964
tabulating equipment initially certified or acquired on or after	4965
December 1, 2008, shall have the most recent federal certification	4966
number issued by the election assistance commission.	4967

(b) Any voting machine, marking device, or automatic	4968
tabulating equipment certified for use in this state on ~~the~~	4969
~~effective date of this amendment~~September 12, 2008, shall meet,	4970
as a condition of continued certification and use, the voting	4971
system standards adopted by the federal election commission in	4972
2002.	4973

(c) A county that acquires additional voting machines,	4974
marking devices, or automatic tabulating equipment on or after	4975
December 1, 2008, shall not be considered to have acquired those	4976
machines, devices, or equipment on or after December 1, 2008, for	4977
the purpose of division (H)(4)(a) of this section if all of the	4978
following apply:	4979

(i) The voting machines, marking devices, or automatic	4980
tabulating equipment acquired are the same as the machines,	4981
devices, or equipment currently used in that county.	4982

(ii) The acquisition of the voting machines, marking devices,	4983
or automatic tabulating equipment does not replace or change the	4984
primary voting system used in that county.	4985

(iii) The acquisition of the voting machines, marking	4986
devices, or automatic tabulating equipment is for the purpose of	4987
replacing inoperable machines, devices, or equipment or for the	4988
purpose providing additional machines, devices, or equipment	4989
required to meet the allocation requirements established pursuant	4990
to division (I) of section 3501.11 of the Revised Code.	4991

Sec. 3506.12. In counties where marking devices, automatic	4992
tabulating equipment, voting machines, or any combination of these	4993
are in use or are to be used, the board of elections:	4994

(A) May combine, rearrange, and enlarge precincts; but the	4995
board shall arrange for a sufficient number of these devices to	4996
accommodate the number of electors in each precinct as determined	4997
by the number of votes cast in that precinct at the most recent	4998
election for the office of governor, taking into consideration the	4999
size and location of each selected polling place, available	5000
parking, handicap accessibility and other accessibility to the	5001
polling place, and the number of candidates and issues to be voted	5002
on. Notwithstanding section 3501.22 of the Revised Code, the board	5003
may appoint more than four precinct officers to each precinct if	5004
this is made necessary by the number of voting machines to be used	5005
in that precinct.	5006

(B) Except as otherwise provided in this division, shall	5007
establish one or more counting stations to receive voted ballots	5008
and other precinct election supplies after the polling precincts	5009
are closed. Those stations shall be under the supervision and	5010
direction of the board of elections. Processing and counting of	5011
voted ballots, and the preparation of summary sheets, shall be	5012
done in the presence of observers approved by the board. A	5013
certified copy of the summary sheet for the precinct shall be	5014
posted at each counting station immediately after completion of	5015
the summary sheet.	5016

~~In counties where punch card ballots are used, one or more~~	5017
~~counting stations, located at the board of elections, shall be~~	5018
~~established, at which location all punch card ballots shall be~~	5019
~~counted.~~	5020

~~As used in this division, "punch card ballot" has the same~~	5021
~~meaning as in section 3506.16 of the Revised Code.~~	5022

Sec. 3506.15. The secretary of state shall provide each	5023
board of elections with rules, instructions, directives, and	5024
advisories regarding the examination, testing, and use of the	5025
voting machine and tabulating equipment, the assignment of duties	5026
of booth officials, the procedure for casting a vote on the	5027
machine, and how the vote shall be tallied and reported to the	5028
board, and with other rules, instructions, directives, and	5029
advisories the secretary of state finds necessary to ensure the	5030
adequate care and custody of voting equipment, and the accurate	5031
registering, counting, and canvassing of the votes as required by	5032
this chapter. The boards of elections shall be charged with the	5033
responsibility of providing for the adequate instruction of voters	5034
and election officials in the proper use of the voting machine and	5035
marking devices. ~~The boards' instructions shall include, in~~	5036
~~counties where punch card ballots are used, instructions that each~~	5037
~~voter shall examine the voter's marked ballot card and remove any~~	5038
~~chads that remain partially attached to it before returning it to~~	5039
~~election officials.~~	5040

The secretary of state's rules, instructions, directives, and	5041
advisories provided under this section shall comply, insofar as	5042
practicable, with this chapter. The provisions of Title XXXV of	5043
the Revised Code, not inconsistent with the provisions relating to	5044
voting machines, apply in any county using a voting machine.	5045

~~As used in this section, "chad" and "punch card ballot" have~~	5046
~~the same meanings as in section 3506.16 of the Revised Code.~~	5047

Sec. 3509.01. (A) The board of elections of each county shall	5048
provide absent voter's ballots for use at every primary and	5049
general election, or special election to be held on the day	5050
specified by division (E) of section 3501.01 of the Revised Code	5051
for the holding of a primary election, designated by the general	5052
assembly for the purpose of submitting constitutional amendments	5053
proposed by the general assembly to the voters of the state. Those	5054
ballots shall be the same size, shall be printed on the same kind	5055
of paper, and shall be in the same form as has been approved for	5056
use at the election for which those ballots are to be voted;	5057
except that, in counties using marking devices, ballot cards may	5058
be used for absent voter's ballots, and those absent voters shall	5059
be instructed to record the vote in the manner provided on the	5060
ballot cards. ~~In counties where punch card ballots are used, those~~	5061
~~absent voters shall be instructed to examine their marked ballot~~	5062
~~cards and to remove any chads that remain partially attached to~~	5063
~~them before returning them to election officials.~~	5064

(B) The rotation of names of candidates and questions and	5065
issues shall be substantially complied with on absent voter's	5066
ballots, within the limitation of time allotted. Those ballots	5067
shall be designated as "Absent Voter's Ballots." Except as	5068
otherwise provided in division (D) of this section, those ballots	5069
shall be printed and ready for use as follows:	5070

(1) For overseas voters and absent uniformed services voters	5071
eligible to vote under the Uniformed and Overseas Citizens	5072
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	5073
1973ff, et seq., as amended, ballots shall be printed and ready	5074
for use on the forty-fifth day before the day of the election.	5075

(2) For all ~~other~~ voters, other than overseas voters and	5076
absent uniformed services voters, who are applying to vote absent	5077
voter's ballots other than in person, ballots shall be printed and	5078
ready for use on the ~~thirty-fifth~~twenty-first day before the day	5079
of the election.	5080

(3) For all voters who are applying to vote absent voter's	5081
ballots in person, ballots shall be printed and ready for use	5082
beginning on the seventeenth day before the day of the election	5083
and shall continue to be available for use through six p.m. on the	5084
last Friday before the day of the election, except that ballots	5085
shall not be available for use on Sunday. On the days in which	5086
absent voter's ballots are available for use in person, those	5087
ballots shall be available from eight a.m. through six p.m. Monday	5088
through Friday and from eight a.m. through twelve p.m. on	5089
Saturday. If, at the time for the close of in-person absent voting	5090
on a particular day, there are voters waiting in line to cast	5091
their ballots, the in-person absent voting location shall be kept	5092
open until such waiting voters have cast their absent voter's	5093
ballots.	5094

(C) Absent voter's ballots provided for use at a general or	5095
primary election, or special election to be held on the day	5096
specified by division (E) of section 3501.01 of the Revised Code	5097
for the holding of a primary election, designated by the general	5098
assembly for the purpose of submitting constitutional amendments	5099
proposed by the general assembly to the voters of the state, shall	5100
include only those questions, issues, and candidacies that have	5101
been lawfully ordered submitted to the electors voting at that	5102
election.	5103

(D)(1) If the laws governing the holding of a special	5104
election on a day other than the day on which a primary or general	5105
election is held make it impossible for absent voter's ballots to	5106
be printed and ready for use by the deadlines established in	5107
division (B) of this section, absent voter's ballots for those	5108
special elections shall be ready for use as many days before the	5109
day of the election as reasonably possible under the laws	5110
governing the holding of that special election.	5111

(2) If, in accordance with Section 2 of Article XVII, Ohio	5112
Constitution, an election is required to be held to fill a vacancy	5113
that occurs after absent voter's ballots have been printed and	5114
distributed under division (B) of this section, the board of	5115
elections shall print and distribute a supplemental ballot for	5116
that election to each absent voter who has requested a ballot for	5117
that election as many days before the election as reasonably	5118
possible.	5119

(E) A copy of the absent voter's ballots shall be forwarded	5120
by the director of the board in each county to the secretary of	5121
state at least twenty-five days before the election.	5122

~~(F) As used in this section, "chad" and "punch card ballot"~~	5123
~~have the same meanings as in section 3506.16 of the Revised Code.~~	5124

Sec. 3509.02. (A) Any qualified elector may vote by absent	5125
voter's ballots at an election.	5126

(B) Any qualified elector who is unable to appear at the	5127
office of the board of elections or, if pursuant to division	5128
(C)(2) of section 3501.10 of the Revised Code the board has	5129
designated another location in the county at which registered	5130
electors may ~~vote~~cast absent voter's ballots in person before an	5131
election, at that other location on account of personal illness,	5132
physical disability, or infirmity, and who moves from one precinct	5133
to another within a county, changes the elector's name and moves	5134
from one precinct to another within a county, or moves from one	5135
county to another county within the state, on or prior to the day	5136
of a general, primary, or special election and has not filed a	5137
notice of change of residence or change of name may vote by absent	5138
voter's ballots in that election as specified in division (G) of	5139
section 3503.16 of the Revised Code.	5140

Sec. 3509.03. Except as provided in section 3509.031 or	5141
division (B) of section 3509.08 of the Revised Code, any qualified	5142
elector desiring to vote absent voter's ballots at an election	5143
shall make written application for those ballots to the ~~director~~	5144
board of elections of the county in which the elector's voting	5145
residence is located. The application need not be in any	5146
particular form but shall contain all of the following:	5147

(A) The elector's name;

5148

(B) The elector's signature;

5149

5150

(D) The elector's date of birth;

5151

(E) One of the following:

5152

(1) The elector's driver's license number or state	5153
identification card number;	5154

(2) The ~~last four digits of the~~ elector's social security	5155
number;	5156

(3) A copy of the elector's current and valid photo	5157
identification, a copy of a military identification, a copy of a	5158
United States passport, or a copy of a current utility bill, bank	5159
statement, government check, paycheck, or other government	5160
document, other than ~~a notice of an election mailed by a board of~~	5161
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5162
voter registration mailed by a board of elections under section	5163
3503.19 of the Revised Code, that shows the name and address of	5164
the elector.	5165

(F) A statement identifying the election for which absent	5166
voter's ballots are requested;	5167

(G) A statement that the person requesting the ballots is a	5168
qualified elector;	5169

(H) If the request is for primary election ballots, the	5170
elector's party affiliation;	5171

(I) If the elector desires ballots to be mailed to the	5172
elector, the address to which those ballots shall be mailed.	5173

Each application for absent voter's ballots shall be	5174
delivered to the ~~director~~board not earlier than the first day of	5175
January of the year of the elections for which the absent voter's	5176
ballots are requested or not earlier than ninety days before the	5177
day of the election at which the ballots are to be voted,	5178
whichever is earlier, and not later than twelve noon of the third	5179
day before the day of the election at which the ballots are to be	5180
voted, or not later than the close of regular business hours on	5181
the day before the day of the election at which the ballots are to	5182
be voted if the application is delivered in person to the office	5183
of the board.	5184

A board of elections shall not mail any unsolicited	5185
applications for absent voter's ballots. A board shall only mail	5186
an absent voter's ballot application to an elector who has	5187
requested such an application from the board. A board of elections	5188
that mails an absent voter's ballot application to an elector	5189
under this section shall not prepay the return postage for that	5190
application.	5191

Sec. 3509.031. (A) Any qualified elector who is a member of	5192
the organized militia called to active duty within the state and	5193
who will be unable to vote on election day on account of that	5194
active duty may make written application for absent voter's	5195
ballots to the ~~director~~board of elections for the county in which	5196
the elector's voting residence is located. The elector may	5197
personally deliver the application to the ~~director~~office of the	5198
board or may mail it, send it by facsimile machine, or otherwise	5199
send it to the ~~director~~board. The application need not be in any	5200
particular form but shall contain all of the following:	5201

(1) The elector's name;

5202

(2) The elector's signature;

5203

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

5204

(4) The elector's date of birth;

5205

(5) One of the following:

5206

(a) The elector's driver's license number or state	5207
identification card number;	5208

(b) The ~~last four digits of the~~ elector's social security	5209
number;	5210

(c) A copy of the elector's current and valid photo	5211
identification, a copy of a military identification, a copy of a	5212
United States passport, or a copy of a current utility bill, bank	5213
statement, government check, paycheck, or other government	5214
document, other than ~~a notice of an election mailed by a board of~~	5215
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5216
voter registration mailed by a board of elections under section	5217
3503.19 of the Revised Code, that shows the name and address of	5218
the elector.	5219

(6) A statement identifying the election for which absent	5220
voter's ballots are requested;	5221

(7) A statement that the person requesting the ballots is a	5222
qualified elector;	5223

(8) A statement that the elector is a member of the organized	5224
militia serving on active duty within the state;	5225

(9) If the request is for primary election ballots, the	5226
elector's party affiliation;	5227

(10) If the elector desires ballots to be mailed to the	5228
elector, the address to which those ballots shall be mailed;	5229

(11) If the elector desires ballots to be sent to the elector	5230
by facsimile machine, the telephone number to which they shall be	5231
so sent.	5232

(B) Application to have absent voter's ballots mailed or sent	5233
by facsimile machine to a qualified elector who is a member of the	5234
organized militia called to active duty within the state and who	5235
will be unable to vote on election day on account of that active	5236
duty may be made by the spouse of the militia member or the	5237
father, mother, father-in-law, mother-in-law, grandfather,	5238
grandmother, brother or sister of the whole blood or half blood,	5239
son, daughter, adopting parent, adopted child, stepparent,	5240
stepchild, uncle, aunt, nephew, or niece of the militia member.	5241
The application shall be in writing upon a blank form furnished	5242
only by the ~~director~~board of elections. The form of the	5243
application shall be prescribed by the secretary of state. The	5244
~~director~~board shall furnish that blank form to any of the	5245
relatives specified in this division desiring to make the	5246
application, only upon the request of such a relative in person at	5247
the office of the board or upon the written request of such a	5248
relative mailed to the office of the board. The application,	5249
subscribed and sworn to by the applicant, shall contain all of the	5250
following:	5251

(1) The full name of the elector for whom ballots are	5252
requested;	5253

(2) A statement that such person is a qualified elector in	5254
the county;	5255

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

5256

(4) The elector's date of birth;

5257

(5) One of the following:

5258

(a) The elector's driver's license number or state	5259
identification card number;	5260

(b) The ~~last four digits of the~~ elector's social security	5261
number;	5262

(c) A copy of the elector's current and valid photo	5263
identification, a copy of a military identification, a copy of a	5264
United States passport, or a copy of a current utility bill, bank	5265
statement, government check, paycheck, or other government	5266
document, other than ~~a notice of an election mailed by a board of~~	5267
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5268
voter registration mailed by a board of elections under section	5269
3503.19 of the Revised Code, that shows the name and address of	5270
the elector.	5271

(6) A statement identifying the election for which absent	5272
voter's ballots are requested;	5273

(7) A statement that the elector is a member of the organized	5274
militia serving on active duty within the state;	5275

(8) If the request is for primary election ballots, the	5276
elector's party affiliation;	5277

(9) A statement that the applicant bears a relationship to	5278
the elector as specified in division (B) of this section;	5279

(10) The address to which ballots shall be mailed or	5280
telephone number to which ballots shall be sent by facsimile	5281
machine;	5282

(11) The signature and address of the person making the	5283
application.	5284

(C) Applications to have absent voter's ballots mailed or	5285
sent by facsimile machine shall not be valid if dated, postmarked,	5286
or received by the ~~director~~board prior to the ninetieth day	5287
before the day of the election for which ballots are requested or	5288
if delivered to the ~~director~~board later than twelve noon of the	5289
third day preceding the day of such election. If, after the	5290
ninetieth day and before four p.m. of the day before the day of an	5291
election, a valid application for absent voter's ballots is	5292
delivered to the ~~director of elections at the~~ office of the board	5293
by a militia member making application in the militia member's own	5294
behalf, the ~~director~~board shall forthwith deliver to the militia	5295
member all absent voter's ballots then ready for use, together	5296
with an identification envelope. The militia member shall then	5297
vote the absent voter's ballots in the manner provided in section	5298
3509.05 of the Revised Code.	5299

(D) A board of elections shall not mail any unsolicited	5300
applications for absent voter's ballots. A board shall only mail	5301
an absent voter's ballot application to an elector who has	5302
requested such an application from the board. A board of elections	5303
that mails an absent voter's ballot application to an elector	5304
under this section shall not prepay the return postage for that	5305
application.	5306

Sec. 3509.04. (A) If ~~a director of~~ a board of elections	5307
receives an application for absent voter's ballots that does not	5308
contain all of the required information, the ~~director~~board	5309
promptly shall notify the applicant of the additional information	5310
required to be provided by the applicant to complete that	5311
application.	5312

(B) Upon receipt by the ~~director~~board of elections of an	5313
application for absent voter's ballots that contains all of the	5314
required information, as provided by sections 3509.03 and 3509.031	5315
and division (G) of section 3503.16 of the Revised Code, the	5316
~~director~~board, if the ~~director~~board finds that the applicant is	5317
a qualified elector, shall deliver to the applicant in person or	5318
mail directly to the applicant by special delivery mail, air mail,	5319
or regular mail, postage prepaid, proper absent voter's ballots.	5320
The ~~director~~board shall deliver or mail with the ballots an	5321
unsealed identification envelope upon the face of which shall be	5322
printed a form substantially as follows:	5323

"Identification Envelope Statement of Voter	5324

I, ........................(Name of voter), declare under	5325
penalty of election falsification that the within ballot or	5326
ballots contained no voting marks of any kind when I received	5327
them, and I caused the ballot or ballots to be marked, enclosed in	5328
the identification envelope, and sealed in that envelope.	5329

My voting residence in Ohio is

5330

...................................................................	5331

(Street and Number, if any, or Rural Route and Number)	5332

of ................................ (City, Village, or Township)	5333
Ohio, which is in Ward ............... Precinct ................	5334
in that city, village, or township.	5335

The primary election ballots, if any, within this envelope	5336
are primary election ballots of the ............. Party.	5337

Ballots contained within this envelope are to be voted at the	5338
.......... (general, special, or primary) election to be held on	5339
the .......................... day of ......................, ....	5340

My date of birth is ............... (Month and Day),	5341
.......... (Year).	5342

(Voter must provide one of the following:)

5343

My driver's license number is ............... (Driver's	5344
license number).	5345

My state identification card number is ............... (Ohio	5346
identification card number).	5347

~~The last four digits of my~~My Social Security Number ~~are~~is	5348
............... (~~Last four digits of~~ Social Security Number).	5349

...... In lieu of providing a driver's license number, state	5350
identification card number, or ~~the last four digits of~~ my Social	5351
Security Number, I am enclosing a copy of one of the following in	5352
the return envelope in which this identification envelope will be	5353
mailed: a current and valid photo identification, a military	5354
identification, a United States passport, or a current utility	5355
bill, bank statement, government check, paycheck, or other	5356
government document, other than ~~a notice of an election mailed by~~	5357
~~a board of elections under section 3501.19 of the Revised Code or~~	5358
a notice of voter registration mailed by a board of elections,	5359
that shows my name and address.	5360

I hereby declare, under penalty of election falsification,	5361
that the statements above are true, as I verily believe.	5362

			5363
	(Signature of Voter)		5364

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5365
THE FIFTH DEGREE."	5366

The ~~director~~board of elections shall mail with the ballots	5367
and the unsealed identification envelope an unsealed return	5368
envelope upon the face of which shall be printed the official	5369
title and post-office address of the ~~director~~board. In the upper	5370
left corner on the face of the return envelope, several blank	5371
lines shall be printed upon which the voter may write the voter's	5372
name and return address. The return envelope shall be of such size	5373
that the identification envelope can be conveniently placed within	5374
it for returning the identification envelope to the ~~director~~	5375
board.	5376

Sec. 3509.05. (A) When an elector receives an absent voter's	5377
ballot pursuant to the elector's application or request, the	5378
elector shall, before placing any marks on the ballot, note	5379
whether there are any voting marks on it. If there are any voting	5380
marks, the ballot shall be returned immediately to the board of	5381
elections; otherwise, the elector shall cause the ballot to be	5382
marked, folded in a manner that the stub on it and the	5383
indorsements and facsimile signatures of the members of the board	5384
of elections on ~~the back of~~ it are visible, and placed and sealed	5385
within the identification envelope received from the ~~director~~	5386
board of elections for that purpose. Then, the elector shall cause	5387
the statement of voter on the outside of the identification	5388
envelope to be completed and signed, under penalty of election	5389
falsification.	5390

If the elector does not provide the elector's driver's	5391
license number, state identification card number, or ~~the last four~~	5392
~~digits of~~ the elector's social security number on the statement of	5393
voter on the identification envelope, the elector also shall	5394
include in the return envelope with the identification envelope a	5395
copy of the elector's current valid photo identification, a copy	5396
of a military identification, a copy of a United States passport,	5397
or a copy of a current utility bill, bank statement, government	5398
check, paycheck, or other government document, other than ~~a notice~~	5399
~~of an election mailed by a board of elections under section~~	5400
~~3501.19 of the Revised Code or~~ a notice of voter registration	5401
mailed by a board of elections under section 3503.19 of the	5402
Revised Code, that shows the name and address of the elector.	5403

The elector shall mail the identification envelope to the	5404
~~director~~board of elections from ~~whom~~which it was received in the	5405
return envelope, postage prepaid, or the elector may personally	5406
deliver it to the ~~director~~office of the board, or the spouse of	5407
the elector, the father, mother, father-in-law, mother-in-law,	5408
grandfather, grandmother, brother, or sister of the whole or half	5409
blood, or the son, daughter, adopting parent, adopted child,	5410
stepparent, stepchild, uncle, aunt, nephew, or niece of the	5411
elector may deliver it to the ~~director~~board. The return envelope	5412
shall be transmitted to the ~~director~~board in no other manner,	5413
except as provided in section 3509.08 of the Revised Code.	5414

When absent voter's ballots are delivered to an elector at	5415
the office of the board, the elector may retire to a voting	5416
compartment provided by the board and there mark the ballots.	5417
Thereupon, the elector shall fold them, place them in the	5418
identification envelope provided, seal the envelope, fill in and	5419
sign the statement on the envelope under penalty of election	5420
falsification, and deliver the envelope to the ~~director of the~~	5421
board.	5422

Except as otherwise provided in division (B) of this section,	5423
all other envelopes containing marked absent voter's ballots shall	5424
be delivered to the ~~director~~board not later than the close of the	5425
polls on the day of an election. Absent voter's ballots delivered	5426
to the ~~director~~board later than the times specified shall not be	5427
counted, but shall be kept by the board in the sealed	5428
identification envelopes in which they are delivered to the	5429
~~director~~board, until the time provided by section 3505.31 of the	5430
Revised Code for the destruction of all other ballots used at the	5431
election for which ballots were provided, at which time they shall	5432
be destroyed.	5433

(B)(1) Except as otherwise provided in division (B)(2) of	5434
this section, any return envelope that is postmarked prior to the	5435
day of the election shall be delivered to the ~~director~~board prior	5436
to the eleventh day after the election. Ballots delivered in	5437
envelopes postmarked prior to the day of the election that are	5438
received after the close of the polls on election day through the	5439
tenth day thereafter shall be counted on the eleventh day at the	5440
board of elections in the manner provided in divisions (C) and (D)	5441
of section 3509.06 of the Revised Code. Any such ballots that are	5442
received by the ~~director~~board later than the tenth day following	5443
the election shall not be counted, but shall be kept by the board	5444
in the sealed identification envelopes as provided in division (A)	5445
of this section.	5446

(2) Division (B)(1) of this section shall not apply to any	5447
mail that is postmarked using a postage evidencing system,	5448
including a postage meter, as defined in 39 C.F.R. 501.1.	5449

(C) Upon receipt of any return envelope prior to the eleventh	5450
day after the day of any election, the board of elections shall	5451
open it but shall not open the identification envelope contained	5452
in it. If, upon so opening the return envelope, the board finds	5453
ballots in it that are not enclosed in and properly sealed in the	5454
identification envelope, the board shall not look at the markings	5455
upon the ballots and shall promptly place them in the	5456
identification envelope and promptly seal it. If, upon so opening	5457
the return envelope, the board finds that ballots are enclosed in	5458
the identification envelope but that it is not properly sealed,	5459
the board shall not look at the markings upon the ballots and	5460
shall promptly seal the identification envelope.	5461

Sec. 3509.051. Notwithstanding section 3509.05 or any other	5462
provision of the Revised Code to the contrary, all of the	5463
following shall apply to the casting of absent voter's ballots in	5464
person:	5465

(A) The absent voter shall provide identification to the	5466
election officials in the same manner as a voter who casts a	5467
ballot in person on the day of an election is required to provide	5468
identification under section 3505.18 of the Revised Code.	5469

(B) The absent voter shall not be required to complete a	5470
statement of voter on an absent voter's ballot identification	5471
envelope.	5472

(C) The board of elections shall provide a signature book to	5473
be signed by absent voters who are casting their ballots in	5474
person.	5475

(D) If a board of elections employs more than one location	5476
for casting absent voter's ballots in person before an election	5477
under division (C) of section 3501.10 of the Revised Code, an	5478
electronic pollbook that provides real time access to voting	5479
records shall be used in each such location.	5480

(E) No person other than a precinct election official shall	5481
be permitted to challenge the right to vote of an absent voter who	5482
is casting a ballot in person. A precinct election official may	5483
challenge the right to vote of an absent voter who is casting a	5484
ballot in person in the same manner as a precinct election	5485
official may challenge the right to vote of an elector on the day	5486
of an election under section 3505.20 or 3513.19 of the Revised	5487
Code.	5488

(F) No absent voter may receive a replacement ballot after	5489
the voter's absent voter's ballot has been scanned or entered into	5490
automatic tabulating equipment.	5491

Sec. 3509.06. (A) The board of elections shall determine	5492
whether absent voter's ballots shall be counted in each precinct,	5493
at the office of the board, or at some other location designated	5494
by the board, and shall proceed accordingly under division (B) or	5495
(C) of this section.	5496

(B) When the board of elections determines that absent	5497
voter's ballots shall be counted in each precinct, the ~~director~~	5498
board shall deliver to the ~~presiding judge~~voting location manager	5499
of each precinct on election day identification envelopes	5500
purporting to contain absent voter's ballots of electors whose	5501
voting residence appears from the statement of voter on the	5502
outside of each of those envelopes, to be located in ~~such~~	5503
~~presiding judge's~~that manager's precinct, and which were	5504
received by the ~~director~~board not later than the close of the	5505
polls on election day. The ~~director~~board shall deliver to ~~such~~	5506
~~presiding judge~~the voting location manager a list containing the	5507
name and voting residence of each person whose voting residence is	5508
in such precinct to whom absent voter's ballots were mailed.	5509

(C) When the board of elections determines that absent	5510
voter's ballots shall be counted at the office of the board of	5511
elections or at another location designated by the board, special	5512
election ~~judges~~officials shall be appointed by the board for that	5513
purpose having the same authority as is exercised by precinct	5514
~~judges~~election officials. The votes so cast shall be added to the	5515
vote totals ~~by the board~~for the precincts in which the applicable	5516
absent voters reside, and the absent voter's ballots shall be	5517
preserved separately by the board, in the same manner and for the	5518
same length of time as provided by section 3505.31 of the Revised	5519
Code.	5520

(D) Each of the identification envelopes purporting to	5521
contain absent voter's ballots delivered to the ~~presiding judge~~	5522
voting location manager of the precinct or the special ~~judge~~	5523
election official appointed by the board of elections shall be	5524
handled as follows: The election officials shall compare the	5525
signature of the elector on the outside of the identification	5526
envelope with the signature of that elector on the elector's	5527
registration form and verify that the absent voter's ballot is	5528
eligible to be counted under section 3509.07 of the Revised Code.	5529
Any of the precinct officials may challenge the right of the	5530
elector named on the identification envelope to vote the absent	5531
voter's ballots upon the ground that the signature on the envelope	5532
is not the same as the signature on the registration form, that	5533
the identification envelope statement of voter has not been	5534
completed, unless the ballot is a uniformed services or overseas	5535
absent voter's ballot, or upon any other of the grounds upon which	5536
the right of persons to vote may be lawfully challenged. If no	5537
such challenge is made, or if such a challenge is made and not	5538
sustained, or if a uniformed services or overseas absent voter	5539
signed the identification envelope statement of voter, is	5540
registered to vote, and is eligible to vote in the election, the	5541
~~presiding judge~~voting location manager shall open the envelope	5542
without defacing the statement of voter and without mutilating the	5543
ballots in it, and shall remove the ballots contained in it and	5544
proceed to count them.	5545

The name of each person voting who is entitled to vote only	5546
an absent voter's presidential ballot shall be entered in a	5547
pollbook or poll list or signature pollbook followed by the words	5548
"Absentee Presidential Ballot." The name of each person voting an	5549
absent voter's ballot, other than such persons entitled to vote	5550
only a presidential ballot, shall be entered in the pollbook or	5551
poll list or signature pollbook and the person's registration card	5552
marked to indicate that the person has voted.	5553

The date of such election shall also be entered on the	5554
elector's registration form. If any such challenge is made and	5555
sustained, the identification envelope of such elector shall not	5556
be opened, shall be endorsed "Not Counted" with the reasons the	5557
ballots were not counted, and shall be delivered to the board.	5558

(E) Special election ~~judges~~officials, employees or members	5559
of the board of elections, or observers shall not disclose the	5560
count or any portion of the count of absent voter's ballots prior	5561
to the time of the closing of the polling places. No person shall	5562
recklessly disclose the count or any portion of the count of	5563
absent voter's ballots in such a manner as to jeopardize the	5564
secrecy of any individual ballot.	5565

(F) Observers may be appointed under section 3505.21 of the	5566
Revised Code to witness the examination and opening of	5567
identification envelopes and the counting of absent voters'	5568
ballots under this section.	5569

Sec. 3509.07. If election officials find that the statement	5570
accompanying an absent voter's ballot or absent voter's	5571
presidential ballot is insufficient, that the signatures do not	5572
correspond with the person's registration signature, that the	5573
elector has not included the elector's birth date on the	5574
identification envelope statement of voter, that the applicant is	5575
not a qualified elector in the precinct, that the ballot envelope	5576
contains more than one ballot of any one kind, or any voted ballot	5577
that the elector is not entitled to vote, that Stub A is ~~detached~~	5578
~~from~~not included in the envelope with the absent voter's ballot	5579
or absent voter's presidential ballot, or that the elector has not	5580
included with the elector's ballot any identification required	5581
under section 3509.05 or 3511.09 of the Revised Code, the vote	5582
shall not be accepted or counted. The vote of any absent voter may	5583
be challenged for cause in the same manner as other votes are	5584
challenged, and the election officials shall determine the	5585
legality of that ballot. Every ballot not counted shall be	5586
endorsed on its back "Not Counted" with the reasons the ballot was	5587
not counted, and shall be enclosed and returned to or retained by	5588
the board of elections along with the contested ballots.	5589

Sec. 3509.08. (A) Any qualified elector, who, on account of	5590
the elector's own personal illness, physical disability, or	5591
infirmity, or on account of the elector's confinement in a jail or	5592
workhouse under sentence for a misdemeanor or awaiting trial on a	5593
felony or misdemeanor, will be unable to travel from the elector's	5594
home or place of confinement to the voting booth in the elector's	5595
precinct on the day of any general, special, or primary election	5596
may make application in writing for an absent voter's ballot to	5597
~~the director of~~ the board of elections of the elector's county.	5598
The application shall include all of the information required	5599
under section 3509.03 of the Revised Code and shall state the	5600
nature of the elector's illness, physical disability, or	5601
infirmity, or the fact that the elector is confined in a jail or	5602
workhouse and the elector's resultant inability to travel to the	5603
election booth in the elector's precinct on election day. The	5604
application shall not be valid if it is delivered to the ~~director~~	5605
board before the ninetieth day or after twelve noon of the third	5606
day before the day of the election at which the ballot is to be	5607
voted.	5608

The absent voter's ballot may be mailed directly to the	5609
applicant at the applicant's voting residence or place of	5610
confinement as stated in the applicant's application, or the board	5611
may designate two board employees belonging to the two major	5612
political parties for the purpose of delivering the ballot to the	5613
disabled or confined elector and returning it to the board, unless	5614
the applicant is confined to a public or private institution	5615
within the county, in which case the board shall designate two	5616
board employees belonging to the two major political parties for	5617
the purpose of delivering the ballot to the disabled or confined	5618
elector and returning it to the board. In all other instances, the	5619
ballot shall be returned to the office of the board in the manner	5620
prescribed in section 3509.05 of the Revised Code.	5621

Any disabled or confined elector who declares to the two	5622
board employees belonging to the two major political parties that	5623
the elector is unable to mark the elector's ballot by reason of	5624
physical infirmity that is apparent to the employees to be	5625
sufficient to incapacitate the voter from marking the elector's	5626
ballot properly, may receive, upon request, the assistance of the	5627
employees in marking the elector's ballot, and they shall	5628
thereafter give no information in regard to this matter. Such	5629
assistance shall not be rendered for any other cause.	5630

When two board employees belonging to the two major political	5631
parties deliver a ballot to a disabled or confined elector, each	5632
of the employees shall be present when the ballot is delivered,	5633
when assistance is given, and when the ballot is returned to the	5634
office of the board, and shall subscribe to the declaration on the	5635
identification envelope.	5636

The secretary of state shall prescribe the form of	5637
application for absent voter's ballots under this division.	5638

This chapter applies to disabled and confined absent voter's	5639
ballots except as otherwise provided in this section.	5640

(B)(1) Any qualified elector who is unable to travel to the	5641
voting booth in the elector's precinct on the day of any general,	5642
special, or primary election may apply to ~~the director of~~ the	5643
board of elections of the county where the elector is a qualified	5644
elector to vote in the election by absent voter's ballot if either	5645
of the following apply:	5646

(a) The elector is confined in a hospital as a result of an	5647
accident or unforeseeable medical emergency occurring before the	5648
election;	5649

(b) The elector's minor child is confined in a hospital as a	5650
result of an accident or unforeseeable medical emergency occurring	5651
before the election.	5652

(2) The application authorized under division (B)(1) of this	5653
section shall be made in writing, shall include all of the	5654
information required under section 3509.03 of the Revised Code,	5655
and shall be delivered to the ~~director~~board not later than three	5656
p.m. on the day of the election. The application shall indicate	5657
the hospital where the applicant or the applicant's child is	5658
confined, the date of the applicant's or the applicant's child's	5659
admission to the hospital, and the offices for which the applicant	5660
is qualified to vote. The applicant may also request that a member	5661
of the applicant's family, as listed in section 3509.05 of the	5662
Revised Code, deliver the absent voter's ballot to the applicant.	5663
The ~~director~~board, after establishing to the ~~director's~~board's	5664
satisfaction the validity of the circumstances claimed by the	5665
applicant, shall supply an absent voter's ballot to be delivered	5666
to the applicant. When the applicant or the applicant's child is	5667
in a hospital in the county where the applicant is a qualified	5668
elector and no request is made for a member of the family to	5669
deliver the ballot, the ~~director~~board shall arrange for the	5670
delivery of an absent voter's ballot to the applicant, and for its	5671
return to the office of the board, by two board employees	5672
belonging to the two major political parties according to the	5673
procedures prescribed in division (A) of this section. When the	5674
applicant or the applicant's child is in a hospital outside the	5675
county where the applicant is a qualified elector and no request	5676
is made for a member of the family to deliver the ballot, the	5677
~~director~~board shall arrange for the delivery of an absent voter's	5678
ballot to the applicant by mail, and the ballot shall be returned	5679
to the office of the board in the manner prescribed in section	5680
3509.05 of the Revised Code.	5681

(3) Any qualified elector who is eligible to vote under	5682
division (B) or (C) of section 3503.16 of the Revised Code but is	5683
unable to do so because of the circumstances described in division	5684
(B)(2) of this section may vote in accordance with division (B)(1)	5685
of this section if that qualified elector states in the	5686
application for absent voter's ballots that that qualified elector	5687
moved or had a change of name under the circumstances described in	5688
division (B) or (C) of section 3503.16 of the Revised Code and if	5689
that qualified elector complies with divisions (G)(1) to (4) of	5690
section 3503.16 of the Revised Code.	5691

(C) Any qualified elector described in division (A) or (B)(1)	5692
of this section who needs no assistance to vote or to return	5693
absent voter's ballots to the board of elections may apply for	5694
absent voter's ballots under section 3509.03 of the Revised Code	5695
instead of applying for them under this section.	5696

(D) Any qualified elector described in division (A) or (B)(1)	5697
of this section to whom ballots are delivered by two employees of	5698
the board of elections or who votes with the assistance of two	5699
employees of the board of elections shall be considered to have	5700
cast absent voter's ballots by mail, rather than in person, for	5701
the purpose of the laws governing voter identification. Such an	5702
elector may provide any of the types of identification acceptable	5703
for mail-in absent voter's ballots to the election officials at	5704
the time the ballots are delivered to the elector or at the time	5705
the election officials assist the elector in marking the ballot,	5706
as the case may be.	5707

Sec. 3509.09. (A) The poll list or signature pollbook for	5708
each precinct shall identify each registered elector in that	5709
precinct who has requested an absent voter's ballot for that	5710
election.	5711

(B)(1) If a registered elector appears to vote in that	5712
precinct and that elector has requested an absent voter's ballot	5713
for that election but the ~~director~~board of elections has not	5714
received a sealed identification envelope purporting to contain	5715
that elector's voted absent voter's ballots for that election, the	5716
elector shall be permitted to cast a provisional ballot under	5717
section 3505.181 of the Revised Code in that precinct on the day	5718
of that election.	5719

(2) If a registered elector appears to vote in that precinct	5720
and that elector has requested an absent voter's ballot for that	5721
election and the ~~director~~board has received a sealed	5722
identification envelope purporting to contain that elector's voted	5723
absent voter's ballots for that election, the elector shall be	5724
permitted to cast a provisional ballot under section 3505.181 of	5725
the Revised Code in that precinct on the day of that election.	5726

(C)(1) In counting absent voter's ballots under section	5727
3509.06 of the Revised Code, the board of elections shall compare	5728
the signature of each elector from whom the ~~director~~board has	5729
received a sealed identification envelope purporting to contain	5730
that elector's voted absent voter's ballots for that election to	5731
the signature on that elector's registration form. Except as	5732
otherwise provided in division (C)(3) of this section, if the	5733
board of elections determines that the absent voter's ballot in	5734
the sealed identification envelope is valid, it shall be counted.	5735
If the board of elections determines that the signature on the	5736
sealed identification envelope purporting to contain the elector's	5737
voted absent voter's ballot does not match the signature on the	5738
elector's registration form, the ballot shall be set aside and the	5739
board shall examine, during the time prior to the beginning of the	5740
official canvass, the poll list or signature pollbook from the	5741
precinct in which the elector is registered to vote to determine	5742
if the elector also cast a provisional ballot under section	5743
3505.181 of the Revised Code in that precinct on the day of the	5744
election.	5745

(2) The board of elections shall count the provisional	5746
ballot, instead of the absent voter's ballot, if both of the	5747
following apply:	5748

(a) The board of elections determines that the signature of	5749
the elector on the outside of the identification envelope in which	5750
the absent voter's ballots are enclosed does not match the	5751
signature of the elector on the elector's registration form;	5752

(b) The elector cast a provisional ballot in the precinct on	5753
the day of the election.	5754

(3) If the board of elections does not receive the sealed	5755
identification envelope purporting to contain the elector's voted	5756
absent voter's ballot by the applicable deadline established under	5757
section 3509.05 of the Revised Code, the provisional ballot cast	5758
under section 3505.181 of the Revised Code in that precinct on the	5759
day of the election shall be counted as valid, if that provisional	5760
ballot is otherwise determined to be valid pursuant to section	5761
3505.183 of the Revised Code.	5762

(D) If the board of elections counts a provisional ballot	5763
under division (C)(2) or (3) of this section, the returned	5764
identification envelope of that elector shall not be opened, and	5765
the ballot within that envelope shall not be counted. The	5766
identification envelope shall be endorsed "Not Counted" with the	5767
reason the ballot was not counted.	5768

Sec. 3511.02. Notwithstanding any section of the Revised	5769
Code to the contrary, whenever any person applies for registration	5770
as a voter on a form adopted in accordance with federal	5771
regulations relating to the "Uniformed and Overseas Citizens	5772
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5773
this application shall be sufficient for voter registration and as	5774
a request for an absent voter's ballot. Uniformed services or	5775
overseas absent voter's ballots may be obtained by any person	5776
meeting the requirements of section 3511.01 of the Revised Code by	5777
applying electronically to the secretary of state or to the board	5778
of elections of the county in which the person's voting residence	5779
is located in accordance with section 3511.021 of the Revised Code	5780
or by applying to ~~the director of~~ the board of elections of the	5781
county in which the person's voting residence is located, in one	5782
of the following ways:	5783

(A) That person may make written application for those	5784
ballots. The person may personally deliver the application to the	5785
~~director~~board or may mail it, send it by facsimile machine, or	5786
otherwise send it to the ~~director~~board. The application need not	5787
be in any particular form but shall contain all of the following	5788
information:	5789

(1) The elector's name;

5790

(2) The elector's signature;

5791

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

5792

(4) The elector's date of birth;

5793

(5) One of the following:

5794

(a) The elector's driver's license number or state	5795
identification card number;	5796

(b) The ~~last four digits of the~~ elector's social security	5797
number;	5798

(c) A copy of the elector's current and valid photo	5799
identification, a copy of a military identification, a copy of a	5800
United States passport, or a copy of a current utility bill, bank	5801
statement, government check, paycheck, or other government	5802
document, other than ~~a notice of an election mailed by a board of~~	5803
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5804
voter registration mailed by a board of elections under section	5805
3503.19 of the Revised Code, that shows the name and address of	5806
the elector.	5807

(6) A statement identifying the election for which absent	5808
voter's ballots are requested;	5809

(7) A statement that the person requesting the ballots is a	5810
qualified elector;	5811

(8) A statement that the elector is an absent uniformed	5812
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5813

(9) A statement of the elector's length of residence in the	5814
state immediately preceding the commencement of service,	5815
immediately preceding the date of leaving to be with or near the	5816
service member, or immediately preceding leaving the United	5817
States, whichever is applicable;	5818

(10) If the request is for primary election ballots, the	5819
elector's party affiliation;	5820

(11) If the elector desires ballots to be mailed to the	5821
elector, the address to which those ballots shall be mailed;	5822

(12) If the elector desires ballots to be sent to the elector	5823
by facsimile machine, the telephone number to which they shall be	5824
so sent.	5825

(B) A voter or any relative of a voter listed in division (C)	5826
of this section may use a single federal post card application to	5827
apply for uniformed services or overseas absent voter's ballots	5828
for use at the primary and general elections in a given year and	5829
any special election to be held on the day in that year specified	5830
by division (E) of section 3501.01 of the Revised Code for the	5831
holding of a primary election, designated by the general assembly	5832
for the purpose of submitting constitutional amendments proposed	5833
by the general assembly to the voters of the state. A single	5834
federal postcard application shall be processed by the board of	5835
elections pursuant to section 3511.04 of the Revised Code the same	5836
as if the voter had applied separately for uniformed services or	5837
overseas absent voter's ballots for each election.	5838

(C) Application to have uniformed services or overseas absent	5839
voter's ballots mailed or sent by facsimile machine to such a	5840
person may be made by the spouse, father, mother, father-in-law,	5841
mother-in-law, grandfather, grandmother, brother or sister of the	5842
whole blood or half blood, son, daughter, adopting parent, adopted	5843
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	5844
such a person. The application shall be in writing upon a blank	5845
form furnished only by the ~~director~~board of elections or on a	5846
single federal post card as provided in division (B) of this	5847
section. The form of the application shall be prescribed by the	5848
secretary of state. The ~~director~~board shall furnish that blank	5849
form to any of the relatives specified in this division desiring	5850
to make the application, only upon the request of such a relative	5851
made in person at the office of the board or upon the written	5852
request of such a relative mailed to the office of the board. The	5853
application, subscribed and sworn to by the applicant, shall	5854
contain all of the following:	5855

(1) The full name of the elector for whom ballots are	5856
requested;	5857

(2) A statement that the elector is an absent uniformed	5858
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5859

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

5860

(4) A statement identifying the elector's length of residence	5861
in the state immediately preceding the commencement of service,	5862
immediately preceding the date of leaving to be with or near a	5863
service member, or immediately preceding leaving the United	5864
States, as the case may be;	5865

(5) The elector's date of birth;

5866

(6) One of the following:

5867

(a) The elector's driver's license number or state	5868
identification card number;	5869

(b) The ~~last four digits of the~~ elector's social security	5870
number;	5871

(c) A copy of the elector's current and valid photo	5872
identification, a copy of a military identification, a copy of a	5873
United States passport, or a copy of a current utility bill, bank	5874
statement, government check, paycheck, or other government	5875
document, other than ~~a notice of an election mailed by a board of~~	5876
~~elections under section 3501.19 of the Revised Code or~~ a notice of	5877
voter registration mailed by a board of elections under section	5878
3503.19 of the Revised Code, that shows the name and address of	5879
the elector.	5880

(7) A statement identifying the election for which absent	5881
voter's ballots are requested;	5882

(8) A statement that the person requesting the ballots is a	5883
qualified elector;	5884

(9) If the request is for primary election ballots, the	5885
elector's party affiliation;	5886

(10) A statement that the applicant bears a relationship to	5887
the elector as specified in division (C) of this section;	5888

(11) The address to which ballots shall be mailed or the	5889
telephone number to which ballots shall be sent by facsimile	5890
machine;	5891

(12) The signature and address of the person making the	5892
application.	5893

Each application for uniformed services or overseas absent	5894
voter's ballots shall be delivered to the ~~director~~board not	5895
earlier than the first day of January of the year of the elections	5896
for which the uniformed services or overseas absent voter's	5897
ballots are requested or not earlier than ninety days before the	5898
day of the election at which the ballots are to be voted,	5899
whichever is earlier, and not later than twelve noon of the third	5900
day preceding the day of the election, or not later than the close	5901
of regular business hours on the day before the day of the	5902
election at which those ballots are to be voted if the application	5903
is delivered in person to the office of the board.	5904

(D) If the voter for whom the application is made is entitled	5905
to vote for presidential and vice-presidential electors only, the	5906
applicant shall submit to the ~~director~~board in addition to the	5907
requirements of divisions (A), (B), and (C) of this section, a	5908
statement to the effect that the voter is qualified to vote for	5909
presidential and vice-presidential electors and for no other	5910
offices.	5911

Sec. 3511.04. (A) If ~~a director of~~ a board of elections	5912
receives an application for uniformed services or overseas absent	5913
voter's ballots that does not contain all of the required	5914
information, the ~~director~~board promptly shall notify the	5915
applicant of the additional information required to be provided by	5916
the applicant to complete that application.	5917

(B) Not later than the forty-fifth day before the day of each	5918
general or primary election, and at the earliest possible time	5919
before the day of a special election held on a day other than the	5920
day on which a general or primary election is held, ~~the director~~	5921
of the board of elections shall mail, send by facsimile machine,	5922
or otherwise send uniformed services or overseas absent voter's	5923
ballots then ready for use as provided for in section 3511.03 of	5924
the Revised Code and for which the ~~director~~board has received	5925
valid applications prior to that time. Thereafter, and until	5926
twelve noon of the third day preceding the day of election, the	5927
~~director~~board shall promptly, upon receipt of valid applications	5928
for them, mail, send by facsimile machine, or otherwise send to	5929
the proper persons all uniformed services or overseas absent	5930
voter's ballots then ready for use.	5931

If, after the seventieth day before the day of a general or	5932
primary election, any other question, issue, or candidacy is	5933
lawfully ordered submitted to the electors voting at the general	5934
or primary election, the board shall promptly provide a separate	5935
official issue, special election, or other election ballot for	5936
submitting the question, issue, or candidacy to those electors,	5937
and ~~the director shall~~ promptly mail or send by facsimile machine	5938
each such separate ballot to each person to whom the ~~director~~	5939
board has previously mailed or sent by facsimile machine other	5940
uniformed services or overseas absent voter's ballots.	5941

In mailing uniformed services or overseas absent voter's	5942
ballots, the ~~director~~board shall use the fastest mail service	5943
available, but the ~~director~~board shall not mail them by certified	5944
mail.	5945

Sec. 3511.05. (A) The ~~director of the~~ board of elections	5946
shall place uniformed services or overseas absent voter's ballots	5947
sent by mail in an unsealed identification envelope, gummed ready	5948
for sealing. The ~~director~~board shall include with uniformed	5949
services or overseas absent voter's ballots sent electronically,	5950
including by facsimile machine, an instruction sheet for preparing	5951
a gummed envelope in which the ballots shall be returned. The	5952
envelope for returning ballots sent by either means shall have	5953
printed or written on its face a form substantially as follows:	5954

"Identification Envelope Statement of Voter	5955

I, ........................(Name of voter), declare under	5956
penalty of election falsification that the within ballot or	5957
ballots contained no voting marks of any kind when I received	5958
them, and I caused the ballot or ballots to be marked, enclosed in	5959
the identification envelope, and sealed in that envelope.	5960

My voting residence in Ohio is

5961

...................................................................	5962

(Street and Number, if any, or Rural Route and Number)	5963

of ................................ (City, Village, or Township)	5964
Ohio, which is in Ward ............... Precinct ................	5965
in that city, village, or township.	5966

The primary election ballots, if any, within this envelope	5967
are primary election ballots of the ............. Party.	5968

Ballots contained within this envelope are to be voted at the	5969
.......... (general, special, or primary) election to be held on	5970
the .......................... day of ......................, ....	5971

My date of birth is ............... (Month and Day),	5972
.......... (Year).	5973

(Voter must provide one of the following:)

5974

My driver's license number is ............... (Driver's	5975
license number).	5976

My state identification card number is ............... (Ohio	5977
identification card number).	5978

~~The last four digits of my~~My Social Security Number ~~are~~is	5979
............... (~~Last four digits of~~ Social Security Number).	5980

...... In lieu of providing a driver's license number, state	5981
identification card number, or ~~the last four digits of~~ my Social	5982
Security Number, I am enclosing a copy of one of the following in	5983
the return envelope in which this identification envelope will be	5984
mailed: a current and valid photo identification, a military	5985
identification, a United States passport, or a current utility	5986
bill, bank statement, government check, paycheck, or other	5987
government document, other than ~~a notice of an election mailed by~~	5988
~~a board of elections under section 3501.19 of the Revised Code or~~	5989
a notice of voter registration mailed by a board of elections,	5990
that shows my name and address.	5991

I hereby declare, under penalty of election falsification,	5992
that the statements above are true, as I verily believe.	5993

			5994
	(Signature of Voter)		5995

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5996
THE FIFTH DEGREE."	5997

(B) The ~~director~~board shall also mail with the ballots and	5998
the unsealed identification envelope sent by mail an unsealed	5999
return envelope, gummed, ready for sealing, for use by the voter	6000
in returning the voter's marked ballots to the ~~director~~board. The	6001
~~director~~board shall send with the ballots and the instruction	6002
sheet for preparing a gummed envelope sent electronically,	6003
including by facsimile machine, an instruction sheet for preparing	6004
a second gummed envelope as described in this division, for use by	6005
the voter in returning that voter's marked ballots to the ~~director~~	6006
board. The return envelope shall have two parallel lines, each one	6007
quarter of an inch in width, printed across its face paralleling	6008
the top, with an intervening space of one quarter of an inch	6009
between such lines. The top line shall be one and one-quarter	6010
inches from the top of the envelope. Between the parallel lines	6011
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	6012
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	6013
lines shall be printed in the upper left corner on the face of the	6014
envelope for the use by the voter in placing the voter's complete	6015
military, naval, or mailing address on these lines, and beneath	6016
these lines there shall be printed a box beside the words "check	6017
if out-of-country." The voter shall check this box if the voter	6018
will be outside the United States on the day of the election. The	6019
official title and the post-office address of the ~~director~~board	6020
to ~~whom~~which the envelope shall be returned shall be printed on	6021
the face of such envelope in the lower right portion below the	6022
bottom parallel line.	6023

(C) On the back of each identification envelope and each	6024
return envelope shall be printed the following:	6025

"Instructions to voter:	6026

If the flap on this envelope is so firmly stuck to the back	6027
of the envelope when received by you as to require forcible	6028
opening in order to use it, open the envelope in the manner least	6029
injurious to it, and, after marking your ballots and enclosing	6030
same in the envelope for mailing them to ~~the director of~~ the board	6031
of elections, reclose the envelope in the most practicable way, by	6032
sealing or otherwise, and sign the blank form printed below.	6033

The flap on this envelope was firmly stuck to the back of the	6034
envelope when received, and required forced opening before sealing	6035
and mailing.	6036

			6037
	(Signature of voter)"		6038

(D) Division (C) of this section does not apply when absent	6039
voter's ballots are sent electronically, including by facsimile	6040
machine.	6041

Sec. 3511.06. The return envelope provided for in section	6042
3511.05 of the Revised Code shall be of such size that the	6043
identification envelope can be conveniently placed within it for	6044
returning the identification envelope to the ~~director~~board of	6045
elections. The envelope in which the two envelopes and the	6046
uniformed services or overseas absent voter's ballots are mailed	6047
to the elector shall have two parallel lines, each one quarter of	6048
an inch in width, printed across its face, paralleling the top,	6049
with an intervening space of one-quarter of an inch between such	6050
lines. The top line shall be one and one-quarter inches from the	6051
top of the envelope. Between the parallel lines shall be printed:	6052
"official uniformed services or overseas absent voter's balloting	6053
material--via air mail." The appropriate return address of ~~the~~	6054
~~director of~~ the board of elections shall be printed in the upper	6055
left corner on the face of such envelope. Several blank lines	6056
shall be printed on the face of such envelope in the lower right	6057
portion, below the bottom parallel line, for writing in the name	6058
and address of the elector to whom such envelope is mailed.	6059

Sec. 3511.07. When mailing unsealed identification envelopes	6060
and unsealed return envelopes to persons, the ~~director of the~~	6061
board of elections shall insert a sheet of waxed paper or other	6062
appropriate insert between the gummed flap and the back of each of	6063
such envelopes to minimize the possibility that the flap may	6064
become firmly stuck to the back of the envelope by reason of	6065
moisture, humid atmosphere, or other conditions to which they may	6066
be subjected. If the flap on either of such envelopes should be so	6067
firmly stuck to the back of the envelope when it is received by	6068
the voter as to require forcible opening of the envelope in order	6069
to use it, the voter shall open such envelope in the manner least	6070
injurious to it, and, after marking ~~his~~the voter's ballots and	6071
enclosing them in the envelope for mailing to the ~~director~~board,	6072
hethe voter shall reclose such envelope in the most practicable	6073
way, by sealing it or otherwise, and shall sign the blank form	6074
printed on the back of such envelope.	6075

Sec. 3511.08. The ~~director of the~~ board of elections shall	6076
keep a record of the name and address of each person to whom the	6077
~~director~~board mails or delivers uniformed services or overseas	6078
absent voter's ballots, the kinds of ballots so mailed or	6079
delivered, and the name and address of the person who made the	6080
application for such ballots. After the ~~director~~board has mailed	6081
or delivered such ballots, the ~~director~~board shall not mail or	6082
deliver additional ballots of the same kind to such person	6083
pursuant to a subsequent request unless such subsequent request	6084
contains the statement that an earlier request had been sent to	6085
the ~~director~~board prior to the thirtieth day before the election	6086
and that the uniformed services or overseas absent voter's ballots	6087
so requested had not been received by such person prior to the	6088
fifteenth day before the election, and provided that the ~~director~~	6089
board has not received an identification envelope purporting to	6090
contain marked uniformed services or overseas absent voter's	6091
ballots from such person.	6092

Sec. 3511.09. Upon receiving uniformed services or overseas	6093
absent voter's ballots, the elector shall cause the questions on	6094
the face of the identification envelope to be answered, and, by	6095
writing the elector's usual signature in the proper place on the	6096
identification envelope, the elector shall declare under penalty	6097
of election falsification that the answers to those questions are	6098
true and correct to the best of the elector's knowledge and	6099
belief. Then, the elector shall note whether there are any voting	6100
marks on the ballot. If there are any voting marks, the ballot	6101
shall be returned immediately to the board of elections;	6102
otherwise, the elector shall cause the ballot to be marked, folded	6103
separately so as to conceal the markings on it, deposited in the	6104
identification envelope, and securely sealed in the identification	6105
envelope. The elector then shall cause the identification envelope	6106
to be placed within the return envelope, sealed in the return	6107
envelope, and mailed to ~~the director of~~ the board of elections to	6108
whom it is addressed, postage prepaid. If the elector does not	6109
provide the elector's driver's license number, state	6110
identification card number, or ~~the last four digits of the~~	6111
~~elector's~~ social security number on the statement of voter on the	6112
identification envelope, the elector also shall include in the	6113
return envelope with the identification envelope a copy of the	6114
elector's current valid photo identification, a copy of a military	6115
identification, a copy of a United States passport, or a copy of a	6116
current utility bill, bank statement, government check, paycheck,	6117
or other government document, other than ~~a notice of an election~~	6118
~~mailed by a board of elections under section 3501.19 of the~~	6119
~~Revised Code or~~ a notice of voter registration mailed by a board	6120
of elections under section 3503.19 of the Revised Code, that shows	6121
the name and address of the elector. Each elector who will be	6122
outside the United States on the day of the election shall check	6123
the box on the return envelope indicating this fact and shall mail	6124
the return envelope to the ~~director~~board prior to the close of	6125
the polls on election day.	6126

Every uniformed services or overseas absent voter's ballot	6127
identification envelope shall be accompanied by the following	6128
statement in boldface capital letters: WHOEVER COMMITS ELECTION	6129
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	6130

Sec. 3511.10. If, ~~after the thirty-fifth day and~~during the	6131
time that absent voter's ballots may be cast in person before ~~the~~	6132
~~close of the polls on the day of~~ ~~a general or primary~~an election,	6133
a valid application for uniformed services or overseas absent	6134
voter's ballots is delivered to ~~the director of~~ the office of the	6135
board of elections ~~at the office of the board~~ by a person making	6136
the application on the person's own behalf, the ~~director~~board	6137
shall forthwith deliver to the person all uniformed services or	6138
overseas absent voter's ballots then ready for use, together with	6139
an identification envelope. The person shall then immediately	6140
retire to a voting booth in the office of the board, and mark the	6141
ballots. The person shall then fold each ballot separately so as	6142
to conceal the person's markings thereon, and deposit all of the	6143
ballots in the identification envelope and securely seal it.	6144
Thereupon the person shall fill in answers to the questions on the	6145
face of the identification envelope, and by writing the person's	6146
usual signature in the proper place thereon, the person shall	6147
declare under penalty of election falsification that the answers	6148
to those questions are true and correct to the best of that	6149
person's knowledge and belief. The person shall then deliver the	6150
identification envelope to the ~~director~~board. If thereafter, and	6151
before the third day preceding such election, the board provides	6152
additional separate official issue or special election ballots, as	6153
provided for in section 3511.04 of the Revised Code, the ~~director~~	6154
board shall promptly, and not later than twelve noon of the third	6155
day preceding the day of election, mail such additional ballots to	6156
such person at the address specified by that person for that	6157
purpose.	6158

In the event any person serving in the armed forces of the	6159
United States is discharged after the closing date of	6160
registration, and that person or that person's spouse, or both,	6161
meets all the other qualifications set forth in section 3511.01 of	6162
the Revised Code, the person or spouse shall be permitted to vote	6163
prior to the date of the election in the office of the board in	6164
the person's or spouse's county, as set forth in this section.	6165

Sec. 3511.11. (A) Upon receipt of any return envelope	6166
bearing the designation "Official Election Uniformed Services or	6167
Overseas Absent Voter's Ballot" prior to the eleventh day after	6168
the day of any election, ~~the director of~~ the board of elections	6169
shall open it but shall not open the identification envelope	6170
contained in it. If, upon so opening the return envelope, the	6171
~~director~~board finds ballots in it that are not enclosed in and	6172
properly sealed in the identification envelope, the ~~director~~board	6173
shall not look at the markings upon the ballots and shall promptly	6174
place them in the identification envelope and promptly seal it.	6175
If, upon so opening the return envelope, the ~~director~~board finds	6176
that ballots are enclosed in the identification envelope but that	6177
it is not properly sealed, the ~~director~~board shall not look at	6178
the markings upon the ballots and shall promptly seal the	6179
identification envelope.	6180

(B) Uniformed services or overseas absent voter's ballots	6181
delivered to the ~~director~~board not later than the close of the	6182
polls on election day shall be counted in the manner provided in	6183
section 3509.06 of the Revised Code.	6184

(C) A return envelope that indicates that the voter will be	6185
outside of the United States on the day of an election is not	6186
required to be postmarked in order for a uniformed services or	6187
overseas absent voter's ballot contained in it to be valid. Except	6188
as otherwise provided in this division, whether or not the return	6189
envelope containing the ballot is postmarked or contains an	6190
illegible postmark, a uniformed services or overseas absent	6191
voter's ballot that is received after the close of the polls on	6192
election day through the tenth day after the election day and that	6193
is delivered in a return envelope that indicates that the voter	6194
will be outside the United States on the day of the election shall	6195
be counted on the eleventh day after the election day at the	6196
office of the board of elections in the manner provided in	6197
divisions (C) and (D) of section 3509.06 of the Revised Code.	6198
However, if a return envelope containing a uniformed services or	6199
overseas absent voter's ballot is so received and so indicates,	6200
but it is postmarked, or the identification envelope in it is	6201
signed, after the close of the polls on election day, the	6202
uniformed services or overseas absent voter's ballot shall not be	6203
counted.	6204

(D)(1) Except as otherwise provided in division (D)(2) of	6205
this section, any return envelope containing a uniformed services	6206
or overseas absent voter's ballot that is postmarked within the	6207
United States prior to the day of the election shall be delivered	6208
to the ~~director~~board prior to the eleventh day after the	6209
election. Uniformed services or overseas absent voter's ballots	6210
delivered in envelopes postmarked prior to the day of the election	6211
that are received after the close of the polls on election day	6212
through the tenth day thereafter shall be counted on the eleventh	6213
day at the board of elections in the manner provided in divisions	6214
(C) and (D) of section 3509.06 of the Revised Code. Any such	6215
ballots that are received by the ~~director~~board later than the	6216
tenth day following the election shall not be counted, but shall	6217
be kept by the board in the sealed identification envelopes as	6218
provided in division (A) of this section.	6219

(2) Division (D)(1) of this section shall not apply to any	6220
mail that is postmarked using a postage evidencing system,	6221
including a postage meter, as defined in 39 C.F.R. 501.1.	6222

(E) The following types of uniformed services or overseas	6223
absent voter's ballots shall not be counted:	6224

(1) Uniformed services or overseas absent voter's ballots	6225
contained in return envelopes that bear the designation "Official	6226
Election Uniformed Services or Overseas Absent Voter's Ballots,"	6227
that are received by the ~~director~~board after the close of the	6228
polls on the day of the election, and that either are postmarked,	6229
or contain an identification envelope that is signed, on or after	6230
election day;	6231

(2) Uniformed services or overseas absent voter's ballots	6232
contained in return envelopes that bear that designation, that do	6233
not indicate they are from voters who will be outside the United	6234
States on the day of the election, and that are received after the	6235
tenth day following the election;	6236

(3) Uniformed services or overseas absent voter's ballots	6237
contained in return envelopes that bear that designation, that are	6238
received by the ~~director~~board within ten days after the day of	6239
the election, and that were postmarked before the day of the	6240
election using a postage evidencing system, including a postage	6241
meter, as defined in 39 C.F.R. 501.1.	6242

The uncounted ballots shall be preserved in their	6243
identification envelopes unopened until the time provided by	6244
section 3505.31 of the Revised Code for the destruction of all	6245
other ballots used at the election for which ballots were	6246
provided, at which time they shall be destroyed.	6247

Sec. 3511.13. (A) The poll list or signature pollbook for	6248
each precinct shall identify each registered elector in that	6249
precinct who has requested a uniformed services or overseas absent	6250
voter's ballot for that election.	6251

(B)(1) If a registered elector appears to vote in that	6252
precinct and that elector has requested a uniformed services or	6253
overseas absent voter's ballot for that election but the ~~director~~	6254
board of elections has not received a sealed identification	6255
envelope purporting to contain that elector's voted uniformed	6256
services or overseas absent voter's ballots for that election, the	6257
elector shall be permitted to cast a provisional ballot under	6258
section 3505.181 of the Revised Code in that precinct on the day	6259
of that election.	6260

(2) If a registered elector appears to vote in that precinct	6261
and that elector has requested a uniformed services or overseas	6262
absent voter's ballot for that election and the ~~director~~board has	6263
received a sealed identification envelope purporting to contain	6264
that elector's voted uniformed services or overseas absent voter's	6265
ballots for that election, the elector shall be permitted to cast	6266
a provisional ballot under section 3505.181 of the Revised Code in	6267
that precinct on the day of that election.	6268

(C)(1) In counting uniformed services or overseas absent	6269
voter's ballots under section 3511.11 of the Revised Code, the	6270
board of elections shall compare the signature of each elector	6271
from whom the ~~director~~board has received a sealed identification	6272
envelope purporting to contain that elector's voted uniformed	6273
services or overseas absent voter's ballots for that election to	6274
the signature on the elector's registration form. Except as	6275
otherwise provided in division (C)(3) of this section, if the	6276
board of elections determines that the uniformed services or	6277
overseas absent voter's ballot in the sealed identification	6278
envelope is valid, it shall be counted. If the board of elections	6279
determines that the signature on the sealed identification	6280
envelope purporting to contain the elector's voted uniformed	6281
services or overseas absent voter's ballot does not match the	6282
signature on the elector's registration form, the ballot shall be	6283
set aside and the board shall examine, during the time prior to	6284
the beginning of the official canvass, the poll list or signature	6285
pollbook from the precinct in which the elector is registered to	6286
vote to determine if the elector also cast a provisional ballot	6287
under section 3505.181 of the Revised Code in that precinct on the	6288
day of the election.	6289

(2) The board of elections shall count the provisional	6290
ballot, instead of the uniformed services or overseas absent	6291
voter's ballot, of an elector from whom the ~~director~~board has	6292
received an identification envelope purporting to contain that	6293
elector's voted uniformed services or overseas absent voter's	6294
ballots, if both of the following apply:	6295

(a) The board of elections determines that the signature of	6296
the elector on the outside of the identification envelope in which	6297
the uniformed services or overseas absent voter's ballots are	6298
enclosed does not match the signature of the elector on the	6299
elector's registration form;	6300

(b) The elector cast a provisional ballot in the precinct on	6301
the day of the election.	6302

(3) If the board of elections does not receive the sealed	6303
identification envelope purporting to contain the elector's voted	6304
uniformed services or overseas absent voter's ballot by the	6305
applicable deadline established under section 3511.11 of the	6306
Revised Code, the provisional ballot cast under section 3505.181	6307
of the Revised Code in that precinct on the day of the election	6308
shall be counted as valid, if that provisional ballot is otherwise	6309
determined to be valid pursuant to section 3505.183 of the Revised	6310
Code.	6311

(D) If the board of elections counts a provisional ballot	6312
under division (C)(2) or (3) of this section, the returned	6313
identification envelope of that elector shall not be opened, and	6314
the ballot within that envelope shall not be counted. The	6315
identification envelope shall be endorsed "Not Counted" with the	6316
reason the ballot was not counted.	6317

Sec. 3511.14. A board of elections shall accept and process	6318
federal write-in ballots for all federal, state, and local	6319
elections conducted in any year as required under "The Uniformed	6320
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	6321
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	6322

Sec. 3513.02. If, in any odd-numbered year, no ~~valid~~	6323
~~declaration of candidacy is filed~~candidate is certified to appear	6324
on the ballot for nomination as a candidate of a political party	6325
for election to any of the offices to be voted for at the general	6326
election to be held in such year, or if the number of persons	6327
~~filing such declarations of candidacy~~certified as candidates to	6328
appear on the ballot for ~~nominations~~nomination as candidates of	6329
one political party for election to such offices does not exceed,	6330
as to any such office, the number of candidates which such	6331
political party is entitled to nominate as its candidates for	6332
election to such office, then no primary election shall be held	6333
for the purpose of nominating party candidates of such party for	6334
election to offices to be voted for at such general election and	6335
no primary ballots shall be provided for such party. If, however,	6336
the only office for which there are more ~~valid declarations of~~	6337
~~candidacy filed~~candidates certified to appear on the ballot than	6338
the number to be nominated by a political party, is the office of	6339
councilperson in a ward, a primary election shall be held for such	6340
party only in the ward or wards in which there is a contest, and	6341
only the names of the candidates for the office of councilperson	6342
in such ward shall appear on the primary ballot of such political	6343
party.	6344

The election officials whose duty it would have been to	6345
provide for and conduct the holding of such primary election,	6346
declare the results thereof, and issue certificates of nomination	6347
to the persons entitled thereto if such primary election had been	6348
held shall declare each of such persons to be nominated as of the	6349
date of the ninetieth day before the primary election, issue	6350
appropriate certificates of nomination to each of them, and	6351
certify their names to the proper election officials, in order	6352
that their names may be printed on the official ballots provided	6353
for use in the succeeding general election in the same manner as	6354
though such primary election had been held and such persons had	6355
been nominated at such election.	6356

Sec. 3513.05. (A) Each person desiring to become a candidate	6357
for a party nomination or for election to an office or position to	6358
be voted for at a primary election, except persons desiring to	6359
become joint candidates for the offices of governor and lieutenant	6360
governor and except as otherwise provided in section 3513.051 of	6361
the Revised Code, shall, not later than four p.m. of the ninetieth	6362
day before the day of the primary election, file a declaration of	6363
candidacy and petition and pay the fees required under divisions	6364
(A) and (B) of section 3513.10 of the Revised Code. The	6365
declaration of candidacy and all separate petition papers shall be	6366
filed at the same time as one instrument. When the offices are to	6367
be voted for at a primary election, persons desiring to become	6368
joint candidates for the offices of governor and lieutenant	6369
governor shall, not later than four p.m. of the ninetieth day	6370
before the day of the primary election, comply with section	6371
3513.04 of the Revised Code. The prospective joint candidates'	6372
declaration of candidacy and all separate petition papers of	6373
candidacies shall be filed at the same time as one instrument. The	6374
secretary of state or a board of elections shall not accept for	6375
filing a declaration of candidacy and petition of a person seeking	6376
to become a candidate if that person, for the same election, has	6377
already filed a declaration of candidacy or a declaration of	6378
intent to be a write-in candidate, or has become a candidate by	6379
the filling of a vacancy under section 3513.30 of the Revised Code	6380
for any federal, state, or county office, if the declaration of	6381
candidacy is for a state or county office, or for any municipal or	6382
township office, if the declaration of candidacy is for a	6383
municipal or township office.	6384

(B)(1) If the declaration of candidacy declares a candidacy	6385
which is to be submitted to electors throughout the entire state,	6386
the petition, including a petition for joint candidates for the	6387
offices of governor and lieutenant governor, shall be signed by at	6388
least one thousand qualified electors who are members of the same	6389
political party as the candidate or joint candidates, and the	6390
declaration of candidacy and petition shall be filed with the	6391
secretary of state; provided that the secretary of state shall not	6392
accept or file any such petition appearing on its face to contain	6393
signatures of more than three thousand electors.	6394

(2) Except as otherwise provided in this ~~paragraph~~division,	6395
if the declaration of candidacy is of one that is to be submitted	6396
only to electors within a district, political subdivision, or	6397
portion thereof, the petition shall be signed by not less than	6398
fifty qualified electors who are members of the same political	6399
party as the political party of which the candidate is a member.	6400
If the declaration of candidacy is for party nomination as a	6401
candidate for member of the legislative authority of a municipal	6402
corporation elected by ward, the petition shall be signed by not	6403
less than twenty-five qualified electors who are members of the	6404
political party of which the candidate is a member.	6405

(3) No such petition, except the petition for a candidacy	6406
that is to be submitted to electors throughout the entire state,	6407
shall be accepted for filing if it appears to contain on its face	6408
signatures of more than three times the minimum number of	6409
signatures. When a petition of a candidate has been accepted for	6410
filing by a board of elections, the petition shall not be deemed	6411
invalid if, upon verification of signatures contained in the	6412
petition, the board of elections finds the number of signatures	6413
accepted exceeds three times the minimum number of signatures	6414
required. A board of elections may discontinue verifying	6415
signatures on petitions when the number of verified signatures	6416
equals the minimum required number of qualified signatures.	6417

(4) If the declaration of candidacy declares a candidacy for	6418
party nomination or for election as a candidate of an intermediate	6419
or minor party, the minimum number of signatures on such petition	6420
is one-half the minimum number provided in this section, except	6421
that, when the candidacy is one for election as a member of the	6422
state central committee or the county central committee of a	6423
political party, the minimum number shall be the same for an	6424
intermediate or minor party as for a major party.	6425

(5) If a declaration of candidacy is one for election as a	6426
member of the state central committee or the county central	6427
committee of a political party, the petition shall be signed by	6428
five qualified electors of the district, county, ward, township,	6429
or precinct within which electors may vote for such candidate. The	6430
electors signing such petition shall be members of the same	6431
political party as the political party of which the candidate is a	6432
member.	6433

(C) For purposes of signing or circulating a petition of	6434
candidacy for party nomination or election, an elector is	6435
considered to be a member of a political party if the elector	6436
voted in that party's primary election within the preceding two	6437
calendar years, or if the elector did not vote in any other	6438
party's primary election within the preceding two calendar years.	6439
This division does not prohibit a person who holds an elective	6440
office for which candidates are nominated at a party primary	6441
election from doing any of the following:	6442

(1) If the person voted as a member of a different political	6443
party at any primary election within the current year and the	6444
immediately preceding two calendar years, being a candidate for	6445
nomination at a party primary held during the times specified in	6446
division (C)(2) of section 3513.191 of the Revised Code provided	6447
that the person complies with the requirements of that section;	6448

(2) Circulating the person's own petition of candidacy for	6449
party nomination in the primary election.	6450

(D) If the declaration of candidacy is of one that is to be	6451
submitted only to electors within a county, or within a district	6452
or subdivision or part thereof smaller than a county, the petition	6453
shall be filed with the board of elections of the county. If the	6454
declaration of candidacy is of one that is to be submitted only to	6455
electors of a district or subdivision or part thereof that is	6456
situated in more than one county, the petition shall be filed with	6457
the board of elections of the county within which the major	6458
portion of the population thereof, as ascertained by the next	6459
preceding federal census, is located.	6460

(E) A petition shall consist of separate petition papers,	6461
each of which shall contain signatures of electors of only one	6462
county. Petitions or separate petition papers containing	6463
signatures of electors of more than one county shall not thereby	6464
be declared invalid. In case petitions or separate petition papers	6465
containing signatures of electors of more than one county are	6466
filed, the board shall determine the county from which the	6467
majority of signatures came, and only signatures from such county	6468
shall be counted. Signatures from any other county shall be	6469
invalid.	6470

Each separate petition paper shall be circulated by one	6471
person only, who shall be the candidate or a joint candidate or a	6472
member of the same political party as the candidate or joint	6473
candidates, and each separate petition paper shall be governed by	6474
the rules set forth in section 3501.38 of the Revised Code.	6475

(F) The secretary of state shall promptly transmit to each	6476
board such separate petition papers of each petition accompanying	6477
a declaration of candidacy filed with the secretary of state as	6478
purport to contain signatures of electors of the county of such	6479
board. The board of the most populous county of a district shall	6480
promptly transmit to each board within such district such separate	6481
petition papers of each petition accompanying a declaration of	6482
candidacy filed with it as purport to contain signatures of	6483
electors of the county of each such board. The board of a county	6484
within which the major portion of the population of a subdivision,	6485
situated in more than one county, is located, shall promptly	6486
transmit to the board of each other county within which a portion	6487
of such subdivision is located such separate petition papers of	6488
each petition accompanying a declaration of candidacy filed with	6489
it as purport to contain signatures of electors of the portion of	6490
such subdivision in the county of each such board.	6491

All petition papers so transmitted to a board and all	6492
petitions accompanying declarations of candidacy filed with a	6493
board shall, under proper regulations, be open to public	6494
inspection until four p.m. of the eightieth day before the day of	6495
the next primary election. Each board shall, not later than the	6496
seventy-eighth day before the day of that primary election,	6497
examine and determine the validity or invalidity of the signatures	6498
on the petition papers so transmitted to or filed with it and	6499
shall return to the secretary of state all petition papers	6500
transmitted to it by the secretary of state, together with its	6501
certification of its determination as to the validity or	6502
invalidity of signatures thereon, and shall return to each other	6503
board all petition papers transmitted to it by such board,	6504
together with its certification of its determination as to the	6505
validity or invalidity of the signatures thereon. All other	6506
matters affecting the validity or invalidity of such petition	6507
papers shall be determined by the secretary of state or the board	6508
with whom such petition papers were filed.	6509

(G) Protests against the candidacy of any person filing a	6510
declaration of candidacy for party nomination or for election to	6511
an office or position, as provided in this section, may be filed	6512
by any qualified elector who is a member of the same political	6513
party as the candidate and who is eligible to vote at the primary	6514
election for the candidate whose declaration of candidacy the	6515
elector objects to, or by the controlling committee of that	6516
political party. The protest shall be in writing, and shall be	6517
filed not later than four p.m. of the seventy-fourth day before	6518
the day of the primary election. The protest shall be filed with	6519
the election officials with whom the declaration of candidacy and	6520
petition was filed. Upon the filing of the protest, the election	6521
officials with whom it is filed shall promptly fix the time for	6522
hearing it, and shall forthwith mail notice of the filing of the	6523
protest and the time fixed for hearing to the person whose	6524
candidacy is so protested. They shall also forthwith mail notice	6525
of the time fixed for such hearing to the person who filed the	6526
protest. At the time fixed, such election officials shall hear the	6527
protest and determine the validity or invalidity of the	6528
declaration of candidacy and petition. If they find that such	6529
candidate is not an elector of the state, district, county, or	6530
political subdivision in which the candidate seeks a party	6531
nomination or election to an office or position, or has not fully	6532
complied with this chapter, the candidate's declaration of	6533
candidacy and petition shall be determined to be invalid and shall	6534
be rejected; otherwise, it shall be determined to be valid. That	6535
determination shall be final.	6536

A protest against the candidacy of any persons filing a	6537
declaration of candidacy for joint party nomination to the offices	6538
of governor and lieutenant governor shall be filed, heard, and	6539
determined in the same manner as a protest against the candidacy	6540
of any person filing a declaration of candidacy singly.	6541

(H)(1) The secretary of state shall, on the seventieth day	6542
before the day of a primary election, certify to each board in the	6543
state the forms of the official ballots to be used at the primary	6544
election, together with the names of the candidates to be printed	6545
on the ballots whose nomination or election is to be determined by	6546
electors throughout the entire state and who filed valid	6547
declarations of candidacy and petitions.	6548

(2) The board of the most populous county in a district	6549
comprised of more than one county but less than all of the	6550
counties of the state shall, on the seventieth day before the day	6551
of a primary election, certify to the board of each county in the	6552
district the names of the candidates to be printed on the official	6553
ballots to be used at the primary election, whose nomination or	6554
election is to be determined only by electors within the district	6555
and who filed valid declarations of candidacy and petitions.	6556

(3) The board of a county within which the major portion of	6557
the population of a subdivision smaller than the county and	6558
situated in more than one county is located shall, on the	6559
seventieth day before the day of a primary election, certify to	6560
the board of each county in which a portion of that subdivision is	6561
located the names of the candidates to be printed on the official	6562
ballots to be used at the primary election, whose nomination or	6563
election is to be determined only by electors within that	6564
subdivision and who filed valid declarations of candidacy and	6565
petitions.	6566

Sec. 3513.12. At a presidential primary election, ~~which~~	6567
~~shall be held on the first Tuesday after the first Monday in March~~	6568
~~in the year 2000, and similarly in every fourth year thereafter,~~	6569
delegates and alternates to the national conventions of the	6570
different major political parties shall be chosen by direct vote	6571
of the electors as provided in this chapter. Candidates for	6572
delegate and alternate shall be qualified and the election shall	6573
be conducted in the manner prescribed in this chapter for the	6574
nomination of candidates for state and district offices, except as	6575
provided in section 3513.151 of the Revised Code and except that	6576
whenever any group of candidates for delegate at large or	6577
alternate at large, or any group of candidates for delegates or	6578
alternates from districts, file with the secretary of state	6579
statements as provided by this section, designating the same	6580
persons as their first and second choices for president of the	6581
United States, such a group of candidates may submit a group	6582
petition containing a declaration of candidacy for each of such	6583
candidates. The group petition need be signed only by the number	6584
of electors required for the petition of a single candidate. No	6585
group petition shall be submitted except by a group of candidates	6586
equal in number to the whole number of delegates at large or	6587
alternates at large to be elected or equal in number to the whole	6588
number of delegates or alternates from a district to be elected.	6589

Each person seeking to be elected as delegate or alternate to	6590
the national convention of the person's political party shall file	6591
with the person's declaration of candidacy and certificate a	6592
statement in writing signed by the person in which the person	6593
shall state the person's first and second choices for nomination	6594
as the candidate of the person's party for the presidency of the	6595
United States. The secretary of state shall not permit any	6596
declaration of candidacy and certificate of a candidate for	6597
election as such delegate or alternate to be filed unless	6598
accompanied by such statement in writing. The name of a candidate	6599
for the presidency shall not be so used without the candidate's	6600
written consent.	6601

A person who is a first choice for president of candidates	6602
seeking election as delegates and alternates shall file with the	6603
secretary of state, prior to the day of the election, a list	6604
indicating the order in which certificates of election are to be	6605
issued to delegate or alternate candidates to whose candidacy the	6606
person has consented, if fewer than all of such candidates are	6607
entitled under party rules to be certified as elected. Each	6608
candidate for election as such delegate or alternate may also file	6609
along with the candidate's declaration of candidacy and	6610
certificate a statement in writing signed by the candidate in the	6611
following form:	6612

"Statement of Candidate	6613

For Election as ............ (Delegate) (Alternate) to the	6614

............ (name of political party) National Convention	6615

I hereby declare to the voters of my political party in the	6616
State of Ohio that, if elected as ............ (delegate)	6617
(alternate) to their national party convention, I shall, to the	6618
best of my judgment and ability, support that candidate for	6619
President of the United States who shall have been selected at	6620
this primary by the voters of my party in the manner provided in	6621
Chapter 3513. of the Ohio Revised Code, as their candidate for	6622
such office.	6623

	........................... (name,),		6624
	Candidate for .............		6625
	(Delegate) (Alternate)"		6626

The procedures for the selection of candidates for delegate	6627
and alternate to the national convention of a political party set	6628
forth in this section and in section 3513.121 of the Revised Code	6629
are alternative procedures, and if the procedures of this section	6630
are followed, the procedures of section 3513.121 of the Revised	6631
Code need not be followed.	6632

Sec. 3513.131. In the event two or more persons with	6633
identical surnames run for the same office in a primary election	6634
on the same ballot, the names of the candidates shall be	6635
differentiated on the ballot by varying combinations of first and	6636
middle names and initials. Within twenty-four hours after the	6637
final date for filing declarations of candidacy or petitions for	6638
candidacy, the director of the board of elections for local,	6639
municipal, county, general, or special elections, or the director	6640
of the board of elections of the most populous county for	6641
district, general, or special elections, or the secretary of state	6642
for state-wide general and special elections shall notify the	6643
persons with identical given names and surnames that the names of	6644
such persons will be differentiated on the ballot. If one of the	6645
candidates is an incumbent who is a candidate to succeed ~~himself~~	6646
self for the office hethe incumbent occupies, hethe incumbent	6647
shall have first choice of the name by which hethe incumbent is	6648
designated on the ballot. If an incumbent does not make a choice	6649
within two days after notification or if none of the candidates is	6650
an incumbent, the board of elections within three days after	6651
notification shall designate the names by which the candidates are	6652
identified on the ballot. In case of a district candidate the	6653
board of elections in the most populous county shall make the	6654
determination. In case of state-wide candidates, or in the case	6655
any board of elections fails to make a designation within three	6656
days after notification, the secretary of state shall immediately	6657
make the determination.	6658

"Notification" as required by this section shall be by the	6659
director of the board of elections or secretary of state by	6660
~~special delivery or telegram~~certified mail at the candidate's	6661
address listed in ~~his~~the candidate's declaration or petition of	6662
candidacy.	6663

Sec. 3513.18. Party primaries shall be held at the same	6664
place and time, but there shall be separate pollbooks,and tally	6665
sheets~~, and ballot boxes~~ provided at each polling place for each	6666
party participating in the election~~, and the ballot of each voter~~	6667
~~shall be placed in the ballot box of the party with which he is~~	6668
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	6669
~~of the political party whose ballots are to be placed therein, by~~	6670
~~letters pasted or printed thereon or by a card attached thereto,~~	6671
~~or both, and so placed that the designation may be easily seen and~~	6672
~~read by the voter.~~	6673

If a special election on a question or issue is held on the	6674
day of a primary election, there shall be provided in the	6675
pollbooks pages on which shall be recorded the names of all	6676
electors voting on said question or issue and not voting in such	6677
primary. It shall not be necessary for electors desiring to vote	6678
only on the question or issue to declare their political	6679
affiliation.	6680

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	6681
precinct election official, whenever any ~~judge of elections~~such	6682
official doubts that a person attempting to vote at a primary	6683
election is legally entitled to vote at that election, to	6684
challenge the right of that person to vote. The right of a person	6685
to vote at a primary election may be challenged upon the following	6686
grounds:	6687

(1) That the person whose right to vote is challenged is not	6688
a legally qualified elector;	6689

(2) That the person has received or has been promised some	6690
valuable reward or consideration for the person's vote;	6691

~~(3) That the person is not affiliated with or is not a member~~	6692
~~of the political party whose ballot the person desires to vote~~.	6693
~~Such party affiliation shall be determined by examining the~~	6694
~~elector's voting record for the current year and the immediately~~	6695
~~preceding two calendar years as shown on the voter's registration~~	6696
~~card, using the standards of affiliation specified in the seventh~~	6697
~~paragraph of section 3513.05 of the Revised Code. Division (A)(3)~~	6698
~~of this section and the seventh paragraph of section 3513.05 of~~	6699
~~the Revised Code do not prohibit a person who holds an elective~~	6700
~~office for which candidates are nominated at a party primary~~	6701
~~election from doing any of the following:~~	6702

~~(a) If the person voted as a member of a different political~~	6703
~~party at any primary election within the current year and the~~	6704
~~immediately preceding two calendar years, being a candidate for~~	6705
~~nomination at a party primary held during the times specified in~~	6706
~~division (C)(2) of section 3513.191 of the Revised Code provided~~	6707
~~that the person complies with the requirements of that section;~~	6708

~~(b) Circulating the person's own petition of candidacy for~~	6709
~~party nomination in the primary election.~~	6710

~~(B) When the right of a person to vote is challenged upon the~~	6711
~~ground set forth in division (A)(3) of this section, membership in~~	6712
~~or political affiliation with a political party shall be~~	6713
~~determined by the person's statement, made under penalty of~~	6714
~~election falsification, that the person desires to be affiliated~~	6715
~~with and supports the principles of the political party whose~~	6716
~~primary ballot the person desires to vote.~~	6717

Sec. 3513.21. At the close of the polls in a primary	6718
election, the ~~judges of~~precinct election officials shall proceed	6719
without delay to canvass the vote, sign and seal it, and make	6720
returns thereof to the board of elections forthwith on the forms	6721
to be provided by the board. The provisions of Title XXXV of the	6722
Revised Code relating to the accounting for and return of all	6723
ballots at general elections apply to primary ballots.	6724

If there is any disagreement as to how a ballot should be	6725
counted it shall be submitted to all of the ~~judges~~precinct	6726
election officials. If three of the ~~judges~~precinct election	6727
officials do not agree as to how any part of the ballot shall be	6728
counted, that part of such ballot which three of the ~~judges~~	6729
officials do agree shall be counted and a notation made upon the	6730
ballot indicating what part has not been counted, and shall be	6731
placed in an envelope provided for that purpose, marked "Disputed	6732
Ballots" and returned to the board.	6733

The board shall, on the day when the vote is canvassed, open	6734
such sealed envelopes, determine what ballots and for whom they	6735
should be counted, and proceed to count and tally the votes on	6736
such ballots.	6737

Sec. 3513.262. The nominating petitions of all candidates	6738
required to be filed before four p.m. of the day before the day of	6739
the primary election immediately preceding the general election	6740
shall be processed as follows:	6741

If such petition is filed with the secretary of state, hethe	6742
secretary of state shall, not later than the fifteenth day of June	6743
following the filing of such petition, ~~or if the primary election~~	6744
~~was a presidential primary election, not later than the end of the~~	6745
~~sixth week after the day of that election,~~ transmit to each board	6746
such separate petition papers as purport to contain signatures of	6747
electors of the county of such board. If such petition is filed	6748
with the board of the most populous county of a district or of a	6749
county in which the major portion of the population of a	6750
subdivision is located, such board shall, not later than the	6751
fifteenth day of June, ~~or if the primary election was a~~	6752
~~presidential primary election, not later than the end of the sixth~~	6753
~~week after the day of that election,~~ transmit to each board within	6754
such district such separate petition papers of the petition as	6755
purport to contain signatures of electors of the county of such	6756
board.	6757

All petition papers so transmitted to a board and all	6758
nominating petitions filed with a board shall, under proper	6759
regulations, be open to public inspection from the fifteenth day	6760
of June until four p.m. of the thirtieth day of that month~~, or if~~	6761
~~the primary election was a presidential primary election, from the~~	6762
~~end of the sixth week after the election until four p.m. of the~~	6763
~~end of the seventh week after the election~~. Each board shall, not	6764
later than the next fifteenth day of July, ~~or if the primary~~	6765
~~election was a presidential primary election, not later than the~~	6766
~~end of the tenth week after the day of that election,~~ examine and	6767
determine the sufficiency of the signatures on the petition papers	6768
transmitted to or filed with it, and the validity of the petitions	6769
filed with it, and shall return to the secretary of state all	6770
petition papers transmitted to it by ~~him~~the secretary of state,	6771
together with its certification of its determination as to the	6772
validity or invalidity of signatures thereon, and shall return to	6773
each other board all petition papers transmitted to it by such	6774
other board, as provided in this section, together with its	6775
certification of its determination as to the validity or	6776
invalidity of signatures thereon. All other matters affecting the	6777
validity or invalidity of such petition papers shall be determined	6778
by the secretary of state or the board with whom such petition	6779
papers were filed.	6780

Written protests against nominating petitions may be filed by	6781
any qualified elector eligible to vote for the candidate whose	6782
nominating petition hethe elector objects to, not later than four	6783
p.m. of the thirtieth day of July~~, or if the primary election was~~	6784
~~a presidential primary election, not later than the end of the~~	6785
~~twelfth week after the day of that election~~. Such protests shall	6786
be filed with the election officials with whom the nominating	6787
petition was filed. Upon the filing of such protest, the election	6788
officials with whom it is filed shall promptly fix the time and	6789
place for hearing it, and shall forthwith mail notice of the	6790
filing of such protest and the time and place for hearing it to	6791
the person whose nomination is protested. They shall also	6792
forthwith mail notice of the time and place fixed for the hearing	6793
to the person who filed the protest. At the time fixed, such	6794
election officials shall hear the protest and determine the	6795
validity or invalidity of the petition. Such determination shall	6796
be final.	6797

A protest against the nominating petition filed by joint	6798
candidates for the offices of governor and lieutenant governor	6799
shall be filed, heard, and determined in the same manner as a	6800
protest against the nominating petition of a candidate who files	6801
~~by himself~~individually.	6802

Sec. 3513.30. (A)(1) If only one valid declaration of	6803
candidacy is filed for nomination as a candidate of a political	6804
party for an office and that candidate dies prior to the tenth day	6805
before the primary election, both of the following may occur:	6806

(a) The political party whose candidate died may fill the	6807
vacancy so created as provided in division (A)(2) of this section.	6808

(b) Any major political party other than the one whose	6809
candidate died may select a candidate as provided in division	6810
(A)(2) of this section under either of the following	6811
circumstances:	6812

(i) No person has filed a valid declaration of candidacy for	6813
nomination as that party's candidate at the primary election.	6814

(ii) Only one person has filed a valid declaration of	6815
candidacy for nomination as that party's candidate at the primary	6816
election, that person has withdrawn, died, or been disqualified	6817
under section 3513.052 of the Revised Code, and the vacancy so	6818
created has not been filled.	6819

(2) A vacancy may be filled under division (A)(1)(a) and a	6820
selection may be made under division (A)(1)(b) of this section by	6821
the appropriate committee of the political party in the same	6822
manner as provided in divisions (A) to (E) of section 3513.31 of	6823
the Revised Code for the filling of similar vacancies created by	6824
withdrawals or disqualifications under section 3513.052 of the	6825
Revised Code after the primary election, except that the	6826
certification required under that section may not be filed with	6827
the secretary of state, or with a board of the most populous	6828
county of a district, or with the board of a county in which the	6829
major portion of the population of a subdivision is located, later	6830
than four p.m. of the tenth day before the day of such primary	6831
election, or with any other board later than four p.m. of the	6832
fifth day before the day of such primary election.	6833

(3) If only one valid declaration of candidacy is filed for	6834
nomination as a candidate of a political party for an office and	6835
that candidate dies on or after the tenth day before the day of	6836
the primary election, that candidate is considered to have	6837
received the nomination of that candidate's political party at	6838
that primary election, and, for purposes of filling the vacancy so	6839
created, that candidate's death shall be treated as if that	6840
candidate died on the day after the day of the primary election.	6841

(B) Any person filing a declaration of candidacy may withdraw	6842
as such candidate at any time prior to the primary election. The	6843
withdrawal shall be effected and the statement of withdrawal shall	6844
be filed in accordance with the procedures prescribed in division	6845
(D) of this section for the withdrawal of persons nominated in a	6846
primary election or by nominating petition.	6847

(C) A person who is named the first choice for president of	6848
the United States by a candidate for delegate or alternate to a	6849
national convention of a political party may withdraw consent for	6850
the selection of the person as such first choice no later than	6851
four p.m. of the fortieth day before the day of the presidential	6852
primary election. Withdrawal of consent shall be for the entire	6853
slate of candidates for delegates and alternates who named such	6854
person as their presidential first choice and shall constitute	6855
withdrawal from the primary election by such delegates and	6856
alternates. The withdrawal shall be made in writing and delivered	6857
to the secretary of state. If the withdrawal is delivered to the	6858
secretary of state on or before the seventieth day before the day	6859
of the primary election, the boards of elections shall remove both	6860
the name of the withdrawn first choice and the names of such	6861
withdrawn candidates from the ballots according to the directions	6862
of the secretary of state. If the withdrawal is delivered to the	6863
secretary of state after the seventieth day before the day of the	6864
primary election, the board of elections shall not remove the name	6865
of the withdrawn first choice and the names of the withdrawn	6866
candidates from the ballots. The board of elections shall post a	6867
notice at each polling location on the day of the primary	6868
election, and shall enclose with each absent voter's ballot given	6869
or mailed after the candidate withdraws, a notice that votes for	6870
the withdrawn first choice or the withdrawn candidates will be	6871
void and will not be counted. If such names are not removed from	6872
all ballots before the day of the election, the votes for the	6873
withdrawn first choice or the withdrawn candidates are void and	6874
shall not be counted.	6875

(D) Any person nominated in a primary election or by	6876
nominating petition as a candidate for election at the next	6877
general election may withdraw as such candidate at any time prior	6878
to the general election. Such withdrawal may be effected by the	6879
filing of a written statement by such candidate announcing the	6880
candidate's withdrawal and requesting that the candidate's name	6881
not be printed on the ballots. If such candidate's declaration of	6882
candidacy or nominating petition was filed with the secretary of	6883
state, the candidate's statement of withdrawal shall be addressed	6884
to and filed with the secretary of state. If such candidate's	6885
declaration of candidacy or nominating petition was filed with a	6886
board of elections, the candidate's statement of withdrawal shall	6887
be addressed to and filed with such board.	6888

(E) When a person withdraws under division (B) or (D) of this	6889
section on or before the seventieth day before the day of the	6890
~~primary~~ election at which the person's candidacy is to appear on	6891
the ballot, the board of elections shall remove the name of the	6892
withdrawn candidate from the ballots according to the directions	6893
of the secretary of state. When a person withdraws under division	6894
(B) or (D) of this section after the seventieth day before the day	6895
of the ~~primary~~ election at which the person's candidacy is to	6896
appear on the ballot, the board of elections shall not remove the	6897
name of the withdrawn candidate from the ballots. The board of	6898
elections shall post a notice at each polling place on the day of	6899
the ~~primary~~ election, and shall enclose with each absent voter's	6900
ballot given or mailed after the candidate withdraws, a notice	6901
that votes for the withdrawn candidate will be void and will not	6902
be counted. If the name is not removed from all ballots before the	6903
day of the election, the votes for the withdrawn candidate are	6904
void and shall not be counted.	6905

Sec. 3515.04. At the time and place fixed for making a	6906
recount, the board of elections, in the presence of all observers	6907
who may be in attendance, shall open the sealed containers	6908
containing the ballots to be recounted, and shall recount them. If	6909
~~a county used punch card ballots and if a chad is attached to a~~	6910
~~punch card ballot by three or four corners, the voter shall be~~	6911
~~deemed by the board not to have recorded a candidate, question, or~~	6912
~~issue choice at the particular position on the ballot, and a vote~~	6913
~~shall not be counted at that particular position on the ballot in~~	6914
~~the recount.~~ Ballots shall be handled only by the members of the	6915
board or by the director or other employees of the board.	6916
Observers shall be permitted to see the ballots, but they shall	6917
not be permitted to touch them, and the board shall not permit the	6918
counting or tabulation of votes shown on the ballots for any	6919
nomination, or for election to any office or position, or upon any	6920
question or issue, other than the votes shown on such ballots for	6921
the nomination, election, question, or issue concerning which a	6922
recount of ballots was applied for.	6923

At any time before the ballots from all of the precincts	6924
listed in an application for the recount or involved in a recount	6925
pursuant to section 3515.011 of the Revised Code have been	6926
recounted, the applicant or declared losing candidate or nominee	6927
or each of the declared losing candidates or nominees entitled to	6928
file a request prior to the commencement of a recount, as provided	6929
in section 3515.03 of the Revised Code, may file with the board a	6930
written request to stop the recount and not recount the ballots	6931
from the precincts so listed that have not been recounted prior to	6932
the time of the request. If, upon the request, the board finds	6933
that results of the votes in the precincts recounted, if	6934
substituted for the results of the votes in those precincts as	6935
shown in the abstract of the votes in those precincts, would not	6936
cause the applicant, if a person for whom votes were cast for	6937
nomination or election, to be declared nominated or elected or if	6938
an election upon a question or issue would not cause a result	6939
contrary to the result as declared prior to such recount, it shall	6940
grant the request and shall not recount the ballots of the	6941
precincts listed in the application for recount that have not been	6942
recounted prior to that time. If the board finds otherwise, it	6943
shall deny the request and shall continue to recount ballots until	6944
the ballots from all of the precincts listed in the application	6945
for recount have been recounted; provided that, if the request is	6946
denied, it may be renewed from time to time. Upon any such	6947
renewal, the board shall consider and act upon the request in the	6948
same manner as provided in this section in connection with an	6949
original request.	6950

~~As used in this section, "chad" and "punch card ballot" have~~	6951
~~the same meanings as in section 3506.16 of the Revised Code.~~	6952

Sec. 3517.01. (A)(1) A political party within the meaning of	6953
Title XXXV of the Revised Code is any group of voters that, at the	6954
most recent regular state election, polled for its candidate for	6955
governor in the state or nominees for presidential electors at	6956
least five per cent of the entire vote cast for that office or	6957
that filed with the secretary of state, subsequent to any election	6958
in which it received less than five per cent of that vote, a	6959
petition signed by qualified electors equal in number to at least	6960
one per cent of the total vote for governor or nominees for	6961
presidential electors at the most recent election, declaring their	6962
intention of organizing a political party, the name of which shall	6963
be stated in the declaration, and of participating in the	6964
succeeding primary election, held in even-numbered years, that	6965
occurs more than ~~one hundred twenty~~ninety days after the date of	6966
filing. No such group of electors shall assume a name or	6967
designation that is similar, in the opinion of the secretary of	6968
state, to that of an existing political party as to confuse or	6969
mislead the voters at an election. If any political party fails to	6970
cast five per cent of the total vote cast at an election for the	6971
office of governor or president, it shall cease to be a political	6972
party.	6973

(2) A campaign committee shall be legally liable for any	6974
debts, contracts, or expenditures incurred or executed in its	6975
name.	6976

(B) Notwithstanding the definitions found in section 3501.01	6977
of the Revised Code, as used in this section and sections 3517.08	6978
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	6979

(1) "Campaign committee" means a candidate or a combination	6980
of two or more persons authorized by a candidate under section	6981
3517.081 of the Revised Code to receive contributions and make	6982
expenditures.	6983

(2) "Campaign treasurer" means an individual appointed by a	6984
candidate under section 3517.081 of the Revised Code.	6985

(3) "Candidate" has the same meaning as in division (H) of	6986
section 3501.01 of the Revised Code and also includes any person	6987
who, at any time before or after an election, receives	6988
contributions or makes expenditures or other use of contributions,	6989
has given consent for another to receive contributions or make	6990
expenditures or other use of contributions, or appoints a campaign	6991
treasurer, for the purpose of bringing about the person's	6992
nomination or election to public office. When two persons jointly	6993
seek the offices of governor and lieutenant governor, "candidate"	6994
means the pair of candidates jointly. "Candidate" does not include	6995
candidates for election to the offices of member of a county or	6996
state central committee, presidential elector, and delegate to a	6997
national convention or conference of a political party.	6998

(4) "Continuing association" means an association, other than	6999
a campaign committee, political party, legislative campaign fund,	7000
political contributing entity, or labor organization, that is	7001
intended to be a permanent organization that has a primary purpose	7002
other than supporting or opposing specific candidates, political	7003
parties, or ballot issues, and that functions on a regular basis	7004
throughout the year. "Continuing association" includes	7005
organizations that are determined to be not organized for profit	7006
under subsection 501 and that are described in subsection	7007
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	7008

(5) "Contribution" means a loan, gift, deposit, forgiveness	7009
of indebtedness, donation, advance, payment, or transfer of funds	7010
or anything of value, including a transfer of funds from an inter	7011
vivos or testamentary trust or decedent's estate, and the payment	7012
by any person other than the person to whom the services are	7013
rendered for the personal services of another person, which	7014
contribution is made, received, or used for the purpose of	7015
influencing the results of an election. Any loan, gift, deposit,	7016
forgiveness of indebtedness, donation, advance, payment, or	7017
transfer of funds or of anything of value, including a transfer of	7018
funds from an inter vivos or testamentary trust or decedent's	7019
estate, and the payment by any campaign committee, political	7020
action committee, legislative campaign fund, political party,	7021
political contributing entity, or person other than the person to	7022
whom the services are rendered for the personal services of	7023
another person, that is made, received, or used by a state or	7024
county political party, other than moneys a state or county	7025
political party receives from the Ohio political party fund	7026
pursuant to section 3517.17 of the Revised Code and the moneys a	7027
state or county political party may receive under sections	7028
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	7029
considered to be a "contribution" for the purpose of section	7030
3517.10 of the Revised Code and shall be included on a statement	7031
of contributions filed under that section.	7032

"Contribution" does not include any of the following:

7033

(a) Services provided without compensation by individuals	7034
volunteering a portion or all of their time on behalf of a person;	7035

(b) Ordinary home hospitality;

7036

(c) The personal expenses of a volunteer paid for by that	7037
volunteer campaign worker;	7038

(d) Any gift given to a state or county political party	7039
pursuant to section 3517.101 of the Revised Code. As used in	7040
division (B)(5)(d) of this section, "political party" means only a	7041
major political party;	7042

(e) Any contribution as defined in section 3517.1011 of the	7043
Revised Code that is made, received, or used to pay the direct	7044
costs of producing or airing an electioneering communication;	7045

(f) Any gift given to a state or county political party for	7046
the party's restricted fund under division (A)(2) of section	7047
3517.1012 of the Revised Code;	7048

(g) Any gift given to a state political party for deposit in	7049
a Levin account pursuant to section 3517.1013 of the Revised Code.	7050
As used in this division, "Levin account" has the same meaning as	7051
in that section.	7052

(h) Any donation given to a transition fund under section	7053
3517.1014 of the Revised Code.	7054

(6) "Expenditure" means the disbursement or use of a	7055
contribution for the purpose of influencing the results of an	7056
election or of making a charitable donation under division (G) of	7057
section 3517.08 of the Revised Code. Any disbursement or use of a	7058
contribution by a state or county political party is an	7059
expenditure and shall be considered either to be made for the	7060
purpose of influencing the results of an election or to be made as	7061
a charitable donation under division (G) of section 3517.08 of the	7062
Revised Code and shall be reported on a statement of expenditures	7063
filed under section 3517.10 of the Revised Code. During the thirty	7064
days preceding a primary or general election, any disbursement to	7065
pay the direct costs of producing or airing a broadcast, cable, or	7066
satellite communication that refers to a clearly identified	7067
candidate shall be considered to be made for the purpose of	7068
influencing the results of that election and shall be reported as	7069
an expenditure or as an independent expenditure under section	7070
3517.10 or 3517.105 of the Revised Code, as applicable, except	7071
that the information required to be reported regarding	7072
contributors for those expenditures or independent expenditures	7073
shall be the same as the information required to be reported under	7074
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	7075

As used in this division, "broadcast, cable, or satellite	7076
communication" and "refers to a clearly identified candidate" have	7077
the same meanings as in section 3517.1011 of the Revised Code.	7078

(7) "Personal expenses" includes, but is not limited to,	7079
ordinary expenses for accommodations, clothing, food, personal	7080
motor vehicle or airplane, and home telephone.	7081

(8) "Political action committee" means a combination of two	7082
or more persons, the primary or major purpose of which is to	7083
support or oppose any candidate, political party, or issue, or to	7084
influence the result of any election through express advocacy, and	7085
that is not a political party, a campaign committee, a political	7086
contributing entity, or a legislative campaign fund. "Political	7087
action committee" does not include either of the following:	7088

(a) A continuing association that makes disbursements for the	7089
direct costs of producing or airing electioneering communications	7090
and that does not engage in express advocacy;	7091

(b) A political club that is formed primarily for social	7092
purposes and that consists of one hundred members or less, has	7093
officers and periodic meetings, has less than two thousand five	7094
hundred dollars in its treasury at all times, and makes an	7095
aggregate total contribution of one thousand dollars or less per	7096
calendar year.	7097

(9) "Public office" means any state, county, municipal,	7098
township, or district office, except an office of a political	7099
party, that is filled by an election and the offices of United	7100
States senator and representative.	7101

(10) "Anything of value" has the same meaning as in section	7102
1.03 of the Revised Code.	7103

(11) "Beneficiary of a campaign fund" means a candidate, a	7104
public official or employee for whose benefit a campaign fund	7105
exists, and any other person who has ever been a candidate or	7106
public official or employee and for whose benefit a campaign fund	7107
exists.	7108

(12) "Campaign fund" means money or other property, including	7109
contributions.	7110

(13) "Public official or employee" has the same meaning as in	7111
section 102.01 of the Revised Code.	7112

(14) "Caucus" means all of the members of the house of	7113
representatives or all of the members of the senate of the general	7114
assembly who are members of the same political party.	7115

(15) "Legislative campaign fund" means a fund that is	7116
established as an auxiliary of a state political party and	7117
associated with one of the houses of the general assembly.	7118

(16) "In-kind contribution" means anything of value other	7119
than money that is used to influence the results of an election or	7120
is transferred to or used in support of or in opposition to a	7121
candidate, campaign committee, legislative campaign fund,	7122
political party, political action committee, or political	7123
contributing entity and that is made with the consent of, in	7124
coordination, cooperation, or consultation with, or at the request	7125
or suggestion of the benefited candidate, committee, fund, party,	7126
or entity. The financing of the dissemination, distribution, or	7127
republication, in whole or part, of any broadcast or of any	7128
written, graphic, or other form of campaign materials prepared by	7129
the candidate, the candidate's campaign committee, or their	7130
authorized agents is an in-kind contribution to the candidate and	7131
an expenditure by the candidate.	7132

(17) "Independent expenditure" means an expenditure by a	7133
person advocating the election or defeat of an identified	7134
candidate or candidates, that is not made with the consent of, in	7135
coordination, cooperation, or consultation with, or at the request	7136
or suggestion of any candidate or candidates or of the campaign	7137
committee or agent of the candidate or candidates. As used in	7138
division (B)(17) of this section:	7139

(a) "Person" means an individual, partnership, unincorporated	7140
business organization or association, political action committee,	7141
political contributing entity, separate segregated fund,	7142
association, or other organization or group of persons, but not a	7143
labor organization or a corporation unless the labor organization	7144
or corporation is a political contributing entity.	7145

(b) "Advocating" means any communication containing a message	7146
advocating election or defeat.	7147

(c) "Identified candidate" means that the name of the	7148
candidate appears, a photograph or drawing of the candidate	7149
appears, or the identity of the candidate is otherwise apparent by	7150
unambiguous reference.	7151

(d) "Made in coordination, cooperation, or consultation with,	7152
or at the request or suggestion of, any candidate or the campaign	7153
committee or agent of the candidate" means made pursuant to any	7154
arrangement, coordination, or direction by the candidate, the	7155
candidate's campaign committee, or the candidate's agent prior to	7156
the publication, distribution, display, or broadcast of the	7157
communication. An expenditure is presumed to be so made when it is	7158
any of the following:	7159

(i) Based on information about the candidate's plans,	7160
projects, or needs provided to the person making the expenditure	7161
by the candidate, or by the candidate's campaign committee or	7162
agent, with a view toward having an expenditure made;	7163

(ii) Made by or through any person who is, or has been,	7164
authorized to raise or expend funds, who is, or has been, an	7165
officer of the candidate's campaign committee, or who is, or has	7166
been, receiving any form of compensation or reimbursement from the	7167
candidate or the candidate's campaign committee or agent;	7168

(iii) Except as otherwise provided in division (D) of section	7169
3517.105 of the Revised Code, made by a political party in support	7170
of a candidate, unless the expenditure is made by a political	7171
party to conduct voter registration or voter education efforts.	7172

(e) "Agent" means any person who has actual oral or written	7173
authority, either express or implied, to make or to authorize the	7174
making of expenditures on behalf of a candidate, or means any	7175
person who has been placed in a position with the candidate's	7176
campaign committee or organization such that it would reasonably	7177
appear that in the ordinary course of campaign-related activities	7178
the person may authorize expenditures.	7179

(18) "Labor organization" means a labor union; an employee	7180
organization; a federation of labor unions, groups, locals, or	7181
other employee organizations; an auxiliary of a labor union,	7182
employee organization, or federation of labor unions, groups,	7183
locals, or other employee organizations; or any other bona fide	7184
organization in which employees participate and that exists for	7185
the purpose, in whole or in part, of dealing with employers	7186
concerning grievances, labor disputes, wages, hours, and other	7187
terms and conditions of employment.	7188

(19) "Separate segregated fund" means a separate segregated	7189
fund established pursuant to the Federal Election Campaign Act.	7190

(20) "Federal Election Campaign Act" means the "Federal	7191
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	7192
seq., as amended.	7193

(21) "Restricted fund" means the fund a state or county	7194
political party must establish under division (A)(1) of section	7195
3517.1012 of the Revised Code.	7196

(22) "Electioneering communication" has the same meaning as	7197
in section 3517.1011 of the Revised Code.	7198

(23) "Express advocacy" means a communication that contains	7199
express words advocating the nomination, election, or defeat of a	7200
candidate or that contains express words advocating the adoption	7201
or defeat of a question or issue, as determined by a final	7202
judgment of a court of competent jurisdiction.	7203

(24) "Political committee" has the same meaning as in section	7204
3517.1011 of the Revised Code.	7205

(25) "Political contributing entity" means any entity,	7206
~~including a corporation or labor organization,~~ that may lawfully	7207
make contributions and expenditures and that is not an individual	7208
or a political action committee, continuing association, campaign	7209
committee, political party, legislative campaign fund, designated	7210
state campaign committee, or state candidate fund. Subject to the	7211
restrictions on the use of corporate and labor organization funds	7212
under section 3599.03 of the Revised Code, "political contributing	7213
entity" shall include a corporation or labor organization. For	7214
purposes of this division, "lawfully" means not prohibited by any	7215
section of the Revised Code, or authorized by a final judgment of	7216
a court of competent jurisdiction.	7217

Sec. 3517.012. When a petition meeting the requirements of	7218
section 3517.01 of the Revised Code declaring the intention to	7219
organize a political party is filed with the secretary of state,	7220
the new party comes into legal existence on the date of filing and	7221
is entitled to hold a primary election as set out in section	7222
3513.01 of the Revised Code, at the primary election, held in	7223
even-numbered years that occurs more than ~~one hundred twenty~~	7224
ninety days after the date of filing.	7225

Sec. 3517.014. Those provisions of section ~~3513.19~~3513.05	7226
of the Revised Code relating to the determination of membership in	7227
or political affiliation with a party do not apply to persons	7228
desiring to become candidates for party nomination of a newly	7229
formed political party meeting the requirements of sections	7230
3517.011 and 3517.012 of the Revised Code at the first primary	7231
held by that party in the even-numbered year occurring subsequent	7232
to the formation of that party.	7233

Sec. 3517.015. Qualified electors who signed declarations of	7234
candidacy of persons desiring to become candidates for party	7235
nomination of a newly formed political party meeting the	7236
requirements of sections 3517.011 and 3517.012 of the Revised Code	7237
at the first primary election held by that party in the	7238
even-numbered year subsequent to the party formation ~~are not~~	7239
~~subject to section 3513.19 of the Revised Code and~~ shall, for the	7240
purpose of signing said declarations of candidacy, be deemed	7241
members of the newly formed political party regardless of prior	7242
political affiliations.	7243

Sec. 3517.10. (A) Except as otherwise provided in this	7244
division, every campaign committee, political action committee,	7245
legislative campaign fund, political party, and political	7246
contributing entity that made or received a contribution or made	7247
an expenditure in connection with the nomination or election of	7248
any candidate or in connection with any ballot issue or question	7249
at any election held or to be held in this state shall file, on a	7250
form prescribed under this section or by electronic means of	7251
transmission as provided in this section and section 3517.106 of	7252
the Revised Code, a full, true, and itemized statement, made under	7253
penalty of election falsification, setting forth in detail the	7254
contributions and expenditures, not later than four p.m. of the	7255
following dates:	7256

(1) The twelfth day before the election to reflect	7257
contributions received and expenditures made from the close of	7258
business on the last day reflected in the last previously filed	7259
statement, if any, to the close of business on the twentieth day	7260
before the election;	7261

(2) The thirty-eighth day after the election to reflect the	7262
contributions received and expenditures made from the close of	7263
business on the last day reflected in the last previously filed	7264
statement, if any, to the close of business on the seventh day	7265
before the filing of the statement;	7266

(3) The last business day of January of every year to reflect	7267
the contributions received and expenditures made from the close of	7268
business on the last day reflected in the last previously filed	7269
statement, if any, to the close of business on the last day of	7270
December of the previous year;	7271

(4) The last business day of July of every year to reflect	7272
the contributions received and expenditures made from the close of	7273
business on the last day reflected in the last previously filed	7274
statement, if any, to the close of business on the last day of	7275
June of that year.	7276

A campaign committee shall only be required to file the	7277
statements prescribed under divisions (A)(1) and (2) of this	7278
section in connection with the nomination or election of the	7279
committee's candidate.	7280

The statement required under division (A)(1) of this section	7281
shall not be required of any campaign committee, political action	7282
committee, legislative campaign fund, political party, or	7283
political contributing entity that has received contributions of	7284
less than one thousand dollars and has made expenditures of less	7285
than one thousand dollars at the close of business on the	7286
twentieth day before the election. Those contributions and	7287
expenditures shall be reported in the statement required under	7288
division (A)(2) of this section.	7289

If an election to select candidates to appear on the general	7290
election ballot is held within sixty days before a general	7291
election, the campaign committee of a successful candidate in the	7292
earlier election may file the statement required by division	7293
(A)(1) of this section for the general election instead of the	7294
statement required by division (A)(2) of this section for the	7295
earlier election if the pregeneral election statement reflects the	7296
status of contributions and expenditures for the period twenty	7297
days before the earlier election to twenty days before the general	7298
election.	7299

If a person becomes a candidate less than twenty days before	7300
an election, the candidate's campaign committee is not required to	7301
file the statement required by division (A)(1) of this section.	7302

No statement under division (A)(3) of this section shall be	7303
required for any year in which a campaign committee, political	7304
action committee, legislative campaign fund, political party, or	7305
political contributing entity is required to file a postgeneral	7306
election statement under division (A)(2) of this section. However,	7307
a statement under division (A)(3) of this section may be filed, at	7308
the option of the campaign committee, political action committee,	7309
legislative campaign fund, political party, or political	7310
contributing entity.	7311

No campaign committee of a candidate for the office of chief	7312
justice or justice of the supreme court, and no campaign committee	7313
of a candidate for the office of judge of any court in this state,	7314
shall be required to file a statement under division (A)(4) of	7315
this section.	7316

Except as otherwise provided in this paragraph and in the	7317
next paragraph of this section, the only campaign committees	7318
required to file a statement under division (A)(4) of this section	7319
are the campaign committee of a statewide candidate and the	7320
campaign committee of a candidate for county office. The campaign	7321
committee of a candidate for any other nonjudicial office is	7322
required to file a statement under division (A)(4) of this section	7323
if that campaign committee receives, during that period,	7324
contributions exceeding ten thousand dollars.	7325

No statement under division (A)(4) of this section shall be	7326
required of a campaign committee, a political action committee, a	7327
legislative campaign fund, a political party, or a political	7328
contributing entity for any year in which the campaign committee,	7329
political action committee, legislative campaign fund, political	7330
party, or political contributing entity is required to file a	7331
postprimary election statement under division (A)(2) of this	7332
section. However, a statement under division (A)(4) of this	7333
section may be filed at the option of the campaign committee,	7334
political action committee, legislative campaign fund, political	7335
party, or political contributing entity.	7336

No statement under division (A)(3) or (4) of this section	7337
shall be required if the campaign committee, political action	7338
committee, legislative campaign fund, political party, or	7339
political contributing entity has no contributions that it has	7340
received and no expenditures that it has made since the last date	7341
reflected in its last previously filed statement. However, the	7342
campaign committee, political action committee, legislative	7343
campaign fund, political party, or political contributing entity	7344
shall file a statement to that effect, on a form prescribed under	7345
this section and made under penalty of election falsification, on	7346
the date required in division (A)(3) or (4) of this section, as	7347
applicable.	7348

The campaign committee of a statewide candidate shall file a	7349
monthly statement of contributions received during each of the	7350
months of July, August, and September in the year of the general	7351
election in which the candidate seeks office. The campaign	7352
committee of a statewide candidate shall file the monthly	7353
statement not later than three business days after the last day of	7354
the month covered by the statement. During the period beginning on	7355
the nineteenth day before the general election in which a	7356
statewide candidate seeks election to office and extending through	7357
the day of that general election, each time the campaign committee	7358
of the joint candidates for the offices of governor and lieutenant	7359
governor or of a candidate for the office of secretary of state,	7360
auditor of state, treasurer of state, or attorney general receives	7361
a contribution from a contributor that causes the aggregate amount	7362
of contributions received from that contributor during that period	7363
to equal or exceed ten thousand dollars and each time the campaign	7364
committee of a candidate for the office of chief justice or	7365
justice of the supreme court receives a contribution from a	7366
contributor that causes the aggregate amount of contributions	7367
received from that contributor during that period to exceed ten	7368
thousand dollars, the campaign committee shall file a	7369
two-business-day statement reflecting that contribution. ~~During~~	7370
~~the period beginning on the nineteenth day before a primary~~	7371
~~election in which a candidate for statewide office seeks~~	7372
~~nomination to office and extending through the day of that primary~~	7373
~~election, each time either the campaign committee of a statewide~~	7374
~~candidate in that primary election that files a notice under~~	7375
~~division (C)(1) of section 3517.103 of the Revised Code or the~~	7376
~~campaign committee of a statewide candidate in that primary~~	7377
~~election to which, in accordance with division (D) of section~~	7378
~~3517.103 of the Revised Code, the contribution limitations~~	7379
~~prescribed in section 3517.102 of the Revised Code no longer apply~~	7380
~~receives a contribution from a contributor that causes the~~	7381
~~aggregate amount of contributions received from that contributor~~	7382
~~during that period to exceed ten thousand dollars, the campaign~~	7383
~~committee shall file a two-business-day statement reflecting that~~	7384
~~contribution.~~ Contributions reported on a two-business-day	7385
statement required to be filed by a campaign committee of a	7386
statewide candidate in a primary election shall also be included	7387
in the postprimary election statement required to be filed by that	7388
campaign committee under division (A)(2) of this section. A	7389
two-business-day statement required by this paragraph shall be	7390
filed not later than two business days after receipt of the	7391
contribution. The statements required by this paragraph shall be	7392
filed in addition to any other statements required by this	7393
section.	7394

Subject to the secretary of state having implemented, tested,	7395
and verified the successful operation of any system the secretary	7396
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	7397
this section and division (H)(1) of section 3517.106 of the	7398
Revised Code for the filing of campaign finance statements by	7399
electronic means of transmission, a campaign committee of a	7400
statewide candidate shall file a two-business-day statement under	7401
the preceding paragraph by electronic means of transmission if the	7402
campaign committee is required to file a pre-election,	7403
postelection, or monthly statement of contributions and	7404
expenditures by electronic means of transmission under this	7405
section or section 3517.106 of the Revised Code.	7406

If a campaign committee or political action committee has no	7407
balance on hand and no outstanding obligations and desires to	7408
terminate itself, it shall file a statement to that effect, on a	7409
form prescribed under this section and made under penalty of	7410
election falsification, with the official with whom it files a	7411
statement under division (A) of this section after filing a final	7412
statement of contributions and a final statement of expenditures,	7413
if contributions have been received or expenditures made since the	7414
period reflected in its last previously filed statement.	7415

(B) Except as otherwise provided in division (C)(7) of this	7416
section, each statement required by division (A) of this section	7417
shall contain the following information:	7418

(1) The full name and address of each campaign committee,	7419
political action committee, legislative campaign fund, political	7420
party, or political contributing entity, including any treasurer	7421
of the committee, fund, party, or entity, filing a contribution	7422
and expenditure statement;	7423

(2)(a) In the case of a campaign committee, the candidate's	7424
full name and address;	7425

(b) In the case of a political action committee, the	7426
registration number assigned to the committee under division	7427
(D)(1) of this section.	7428

(3) The date of the election and whether it was or will be a	7429
general, primary, or special election;	7430

(4) A statement of contributions received, which shall	7431
include the following information:	7432

(a) The month, day, and year of the contribution;

7433

(b)(i) The full name and address of each person, political	7434
party, campaign committee, legislative campaign fund, political	7435
action committee, or political contributing entity from whom	7436
contributions are received and the registration number assigned to	7437
the political action committee under division (D)(1) of this	7438
section. The requirement of filing the full address does not apply	7439
to any statement filed by a state or local committee of a	7440
political party, to a finance committee of such committee, or to a	7441
committee recognized by a state or local committee as its	7442
fund-raising auxiliary. Notwithstanding division (F) of this	7443
section, the requirement of filing the full address shall be	7444
considered as being met if the address filed is the same address	7445
the contributor provided under division (E)(1) of this section.	7446

(ii) If a political action committee, political contributing	7447
entity, legislative campaign fund, or political party that is	7448
required to file campaign finance statements by electronic means	7449
of transmission under section 3517.106 of the Revised Code or a	7450
campaign committee of a statewide candidate or candidate for the	7451
office of member of the general assembly receives a contribution	7452
from an individual that exceeds one hundred dollars, the name of	7453
the individual's current employer, if any, or, if the individual	7454
is self-employed, the individual's occupation and the name of the	7455
individual's business, if any;	7456

(iii) If a campaign committee of a statewide candidate or	7457
candidate for the office of member of the general assembly	7458
receives a contribution transmitted pursuant to section 3599.031	7459
of the Revised Code from amounts deducted from the wages and	7460
salaries of two or more employees that exceeds in the aggregate	7461
one hundred dollars during any one filing period under division	7462
(A)(1), (2), (3), or (4) of this section, the full name of the	7463
employees' employer and the full name of the labor organization of	7464
which the employees are members, if any.	7465

(c) A description of the contribution received, if other than	7466
money;	7467

(d) The value in dollars and cents of the contribution;

7468

(e) A separately itemized account of all contributions and	7469
expenditures regardless of the amount, except a receipt of a	7470
contribution from a person in the sum of twenty-five dollars or	7471
less at one social or fund-raising activity and a receipt of a	7472
contribution transmitted pursuant to section 3599.031 of the	7473
Revised Code from amounts deducted from the wages and salaries of	7474
employees if the contribution from the amount deducted from the	7475
wages and salary of any one employee is twenty-five dollars or	7476
less aggregated in a calendar year. An account of the total	7477
contributions from each social or fund-raising activity shall	7478
include a description of and the value of each in-kind	7479
contribution received at that activity from any person who made	7480
one or more such contributions whose aggregate value exceeded two	7481
hundred fifty dollars and shall be listed separately, together	7482
with the expenses incurred and paid in connection with that	7483
activity. A campaign committee, political action committee,	7484
legislative campaign fund, political party, or political	7485
contributing entity shall keep records of contributions from each	7486
person in the amount of twenty-five dollars or less at one social	7487
or fund-raising activity and contributions from amounts deducted	7488
under section 3599.031 of the Revised Code from the wages and	7489
salary of each employee in the amount of twenty-five dollars or	7490
less aggregated in a calendar year. No continuing association that	7491
is recognized by a state or local committee of a political party	7492
as an auxiliary of the party and that makes a contribution from	7493
funds derived solely from regular dues paid by members of the	7494
auxiliary shall be required to list the name or address of any	7495
members who paid those dues.	7496

Contributions that are other income shall be itemized	7497
separately from all other contributions. The information required	7498
under division (B)(4) of this section shall be provided for all	7499
other income itemized. As used in this paragraph, "other income"	7500
means a loan, investment income, or interest income.	7501

(f) In the case of a campaign committee of a state elected	7502
officer, if a person doing business with the state elected officer	7503
in the officer's official capacity makes a contribution to the	7504
campaign committee of that officer, the information required under	7505
division (B)(4) of this section in regard to that contribution,	7506
which shall be filed together with and considered a part of the	7507
committee's statement of contributions as required under division	7508
(A) of this section but shall be filed on a separate form provided	7509
by the secretary of state. As used in this division:	7510

(i) "State elected officer" has the same meaning as in	7511
section 3517.092 of the Revised Code.	7512

(ii) "Person doing business" means a person or an officer of	7513
an entity who enters into one or more contracts with a state	7514
elected officer or anyone authorized to enter into contracts on	7515
behalf of that officer to receive payments for goods or services,	7516
if the payments total, in the aggregate, more than five thousand	7517
dollars during a calendar year.	7518

(5) A statement of expenditures which shall include the	7519
following information:	7520

(a) The month, day, and year of the expenditure;

7521

(b) The full name and address of each person, political	7522
party, campaign committee, legislative campaign fund, political	7523
action committee, or political contributing entity to whom the	7524
expenditure was made and the registration number assigned to the	7525
political action committee under division (D)(1) of this section;	7526

7527

(d) The amount of each expenditure.

7528

(C)(1) The statement of contributions and expenditures shall	7529
be signed by the person completing the form. If a statement of	7530
contributions and expenditures is filed by electronic means of	7531
transmission pursuant to this section or section 3517.106 of the	7532
Revised Code, the electronic signature of the person who executes	7533
the statement and transmits the statement by electronic means of	7534
transmission, as provided in division (H) of section 3517.106 of	7535
the Revised Code, shall be attached to or associated with the	7536
statement and shall be binding on all persons and for all purposes	7537
under the campaign finance reporting law as if the signature had	7538
been handwritten in ink on a printed form.	7539

(2) The person filing the statement, under penalty of	7540
election falsification, shall include with it a list of each	7541
anonymous contribution, the circumstances under which it was	7542
received, and the reason it cannot be attributed to a specific	7543
donor.	7544

(3) Each statement of a campaign committee of a candidate who	7545
holds public office shall contain a designation of each	7546
contributor who is an employee in any unit or department under the	7547
candidate's direct supervision and control. In a space provided in	7548
the statement, the person filing the statement shall affirm that	7549
each such contribution was voluntarily made.	7550

(4) A campaign committee that did not receive contributions	7551
or make expenditures in connection with the nomination or election	7552
of its candidate shall file a statement to that effect, on a form	7553
prescribed under this section and made under penalty of election	7554
falsification, on the date required in division (A)(2) of this	7555
section.	7556

(5) The campaign committee of any person who attempts to	7557
become a candidate and who, for any reason, does not become	7558
certified in accordance with Title XXXV of the Revised Code for	7559
placement on the official ballot of a primary, general, or special	7560
election to be held in this state, and who, at any time prior to	7561
or after an election, receives contributions or makes	7562
expenditures, or has given consent for another to receive	7563
contributions or make expenditures, for the purpose of bringing	7564
about the person's nomination or election to public office, shall	7565
file the statement or statements prescribed by this section and a	7566
termination statement, if applicable. Division (C)(5) of this	7567
section does not apply to any person with respect to an election	7568
to the offices of member of a county or state central committee,	7569
presidential elector, or delegate to a national convention or	7570
conference of a political party.	7571

(6)(a) The statements required to be filed under this section	7572
shall specify the balance in the hands of the campaign committee,	7573
political action committee, legislative campaign fund, political	7574
party, or political contributing entity and the disposition	7575
intended to be made of that balance.	7576

(b) The secretary of state shall prescribe the form for all	7577
statements required to be filed under this section and shall	7578
furnish the forms to the boards of elections in the several	7579
counties. The boards of elections shall supply printed copies of	7580
those forms without charge. The secretary of state shall prescribe	7581
the appropriate methodology, protocol, and data file structure for	7582
statements required or permitted to be filed by electronic means	7583
of transmission under division (A) of this section, divisions (E),	7584
(F), and (G) of section 3517.106, division (D) of section	7585
3517.1011, division (B) of section 3517.1012, division (C) of	7586
section 3517.1013, and divisions (D) and (I) of section 3517.1014	7587
of the Revised Code. Subject to division (A) of this section,	7588
divisions (E), (F), and (G) of section 3517.106, division (D) of	7589
section 3517.1011, division (B) of section 3517.1012, division (C)	7590
of section 3517.1013, and divisions (D) and (I) of section	7591
3517.1014 of the Revised Code, the statements required to be	7592
stored on computer by the secretary of state under division (B) of	7593
section 3517.106 of the Revised Code shall be filed in whatever	7594
format the secretary of state considers necessary to enable the	7595
secretary of state to store the information contained in the	7596
statements on computer. Any such format shall be of a type and	7597
nature that is readily available to whoever is required to file	7598
the statements in that format.	7599

(c) The secretary of state shall assess the need for training	7600
regarding the filing of campaign finance statements by electronic	7601
means of transmission and regarding associated technologies for	7602
candidates, campaign committees, political action committees,	7603
legislative campaign funds, political parties, or political	7604
contributing entities, for individuals, partnerships, or other	7605
entities, for persons making disbursements to pay the direct costs	7606
of producing or airing electioneering communications, or for	7607
treasurers of transition funds, required or permitted to file	7608
statements by electronic means of transmission under this section	7609
or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or	7610
3517.1014 of the Revised Code. If, in the opinion of the secretary	7611
of state, training in these areas is necessary, the secretary of	7612
state shall arrange for the provision of voluntary training	7613
programs for candidates, campaign committees, political action	7614
committees, legislative campaign funds, political parties, or	7615
political contributing entities, for individuals, partnerships,	7616
and other entities, for persons making disbursements to pay the	7617
direct costs of producing or airing electioneering communications,	7618
or for treasurers of transition funds, as appropriate.	7619

(7) Each monthly statement and each two-business-day	7620
statement required by division (A) of this section shall contain	7621
the information required by divisions (B)(1) to (4), (C)(2), and,	7622
if appropriate, (C)(3) of this section. Each statement shall be	7623
signed as required by division (C)(1) of this section.	7624

(D)(1) Prior to receiving a contribution or making an	7625
expenditure, every campaign committee, political action committee,	7626
legislative campaign fund, political party, or political	7627
contributing entity shall appoint a treasurer and shall file, on a	7628
form prescribed by the secretary of state, a designation of that	7629
appointment, including the full name and address of the treasurer	7630
and of the campaign committee, political action committee,	7631
legislative campaign fund, political party, or political	7632
contributing entity. That designation shall be filed with the	7633
official with whom the campaign committee, political action	7634
committee, legislative campaign fund, political party, or	7635
political contributing entity is required to file statements under	7636
section 3517.11 of the Revised Code. The name of a campaign	7637
committee shall include at least the last name of the campaign	7638
committee's candidate. If two or more candidates are the	7639
beneficiaries of a single campaign committee under division (B) of	7640
section 3517.081 of the Revised Code, the name of the campaign	7641
committee shall include at least the last name of each candidate	7642
who is a beneficiary of that campaign committee. The secretary of	7643
state shall assign a registration number to each political action	7644
committee that files a designation of the appointment of a	7645
treasurer under this division if the political action committee is	7646
required by division (A)(1) of section 3517.11 of the Revised Code	7647
to file the statements prescribed by this section with the	7648
secretary of state.	7649

(2) The treasurer appointed under division (D)(1) of this	7650
section shall keep a strict account of all contributions, from	7651
whom received and the purpose for which they were disbursed.	7652

(3)(a) Except as otherwise provided in section 3517.108 of	7653
the Revised Code, a campaign committee shall deposit all monetary	7654
contributions received by the committee into an account separate	7655
from a personal or business account of the candidate or campaign	7656
committee.	7657

(b) A political action committee shall deposit all monetary	7658
contributions received by the committee into an account separate	7659
from all other funds.	7660

(c) A state or county political party may establish a state	7661
candidate fund that is separate from an account that contains the	7662
public moneys received from the Ohio political party fund under	7663
section 3517.17 of the Revised Code and from all other funds. A	7664
state or county political party may deposit into its state	7665
candidate fund any amounts of monetary contributions that are made	7666
to or accepted by the political party subject to the applicable	7667
limitations, if any, prescribed in section 3517.102 of the Revised	7668
Code. A state or county political party shall deposit all other	7669
monetary contributions received by the party into one or more	7670
accounts that are separate from its state candidate fund and from	7671
its account that contains the public moneys received from the Ohio	7672
political party fund under section 3517.17 of the Revised Code.	7673

(d) Each state political party shall have only one	7674
legislative campaign fund for each house of the general assembly.	7675
Each such fund shall be separate from any other funds or accounts	7676
of that state party. A legislative campaign fund is authorized to	7677
receive contributions and make expenditures for the primary	7678
purpose of furthering the election of candidates who are members	7679
of that political party to the house of the general assembly with	7680
which that legislative campaign fund is associated. Each	7681
legislative campaign fund shall be administered and controlled in	7682
a manner designated by the caucus. As used in this division,	7683
"caucus" has the same meaning as in section 3517.01 of the Revised	7684
Code and includes, as an ex officio member, the chairperson of the	7685
state political party with which the caucus is associated or that	7686
chairperson's designee.	7687

(4) Every expenditure in excess of twenty-five dollars shall	7688
be vouched for by a receipted bill, stating the purpose of the	7689
expenditure, that shall be filed with the statement of	7690
expenditures. A canceled check with a notation of the purpose of	7691
the expenditure is a receipted bill for purposes of division	7692
(D)(4) of this section.	7693

(5) The secretary of state or the board of elections, as the	7694
case may be, shall issue a receipt for each statement filed under	7695
this section and shall preserve a copy of the receipt for a period	7696
of at least six years. All statements filed under this section	7697
shall be open to public inspection in the office where they are	7698
filed and shall be carefully preserved for a period of at least	7699
six years after the year in which they are filed.	7700

(6) The secretary of state, by rule adopted pursuant to	7701
section 3517.23 of the Revised Code, shall prescribe both of the	7702
following:	7703

(a) The manner of immediately acknowledging, with date and	7704
time received, and preserving the receipt of statements that are	7705
transmitted by electronic means of transmission to the secretary	7706
of state pursuant to this section or section 3517.106, 3517.1011,	7707
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;	7708

(b) The manner of preserving the contribution and	7709
expenditure, contribution and disbursement, deposit and	7710
disbursement, gift and disbursement, or donation and disbursement	7711
information in the statements described in division (D)(6)(a) of	7712
this section. The secretary of state shall preserve the	7713
contribution and expenditure, contribution and disbursement,	7714
deposit and disbursement, gift and disbursement, or donation and	7715
disbursement information in those statements for at least ten	7716
years after the year in which they are filed by electronic means	7717
of transmission.	7718

(7) The secretary of state, pursuant to division (I) of	7719
section 3517.106 of the Revised Code, shall make available online	7720
to the public through the internet the contribution and	7721
expenditure, contribution and disbursement, deposit and	7722
disbursement, gift and disbursement, or donation and disbursement	7723
information in all statements, all addenda, amendments, or other	7724
corrections to statements, and all amended statements filed with	7725
the secretary of state by electronic or other means of	7726
transmission under this section, division (B)(2)(b) or (C)(2)(b)	7727
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,	7728
3517.1013, 3517.1014, or 3517.11 of the Revised Code. The	7729
secretary of state may remove the information from the internet	7730
after a reasonable period of time.	7731

(E)(1) Any person, political party, campaign committee,	7732
legislative campaign fund, political action committee, or	7733
political contributing entity that makes a contribution in	7734
connection with the nomination or election of any candidate or in	7735
connection with any ballot issue or question at any election held	7736
or to be held in this state shall provide its full name and	7737
address to the recipient of the contribution at the time the	7738
contribution is made. The political action committee also shall	7739
provide the registration number assigned to the committee under	7740
division (D)(1) of this section to the recipient of the	7741
contribution at the time the contribution is made.	7742

(2) Any individual who makes a contribution that exceeds one	7743
hundred dollars to a political action committee, political	7744
contributing entity, legislative campaign fund, or political party	7745
or to a campaign committee of a statewide candidate or candidate	7746
for the office of member of the general assembly shall provide the	7747
name of the individual's current employer, if any, or, if the	7748
individual is self-employed, the individual's occupation and the	7749
name of the individual's business, if any, to the recipient of the	7750
contribution at the time the contribution is made. Sections	7751
3599.39 and 3599.40 of the Revised Code do not apply to division	7752
(E)(2) of this section.	7753

(3) If a campaign committee shows that it has exercised its	7754
best efforts to obtain, maintain, and submit the information	7755
required under divisions (B)(4)(b)(ii) and (iii) of this section,	7756
that committee is considered to have met the requirements of those	7757
divisions. A campaign committee shall not be considered to have	7758
exercised its best efforts unless, in connection with written	7759
solicitations, it regularly includes a written request for the	7760
information required under division (B)(4)(b)(ii) of this section	7761
from the contributor or the information required under division	7762
(B)(4)(b)(iii) of this section from whoever transmits the	7763
contribution.	7764

(4) Any check that a political action committee uses to make	7765
a contribution or an expenditure shall contain the full name and	7766
address of the committee and the registration number assigned to	7767
the committee under division (D)(1) of this section.	7768

(F) As used in this section:

7769

(1)(a) Except as otherwise provided in division (F)(1) of	7770
this section, "address" means all of the following if they exist:	7771
apartment number, street, road, or highway name and number, rural	7772
delivery route number, city or village, state, and zip code as	7773
used in a person's post-office address, but not post-office box.	7774

(b) Except as otherwise provided in division (F)(1) of this	7775
section, if an address is required in this section, a post-office	7776
box and office, room, or suite number may be included in addition	7777
to, but not in lieu of, an apartment, street, road, or highway	7778
name and number.	7779

(c) If an address is required in this section, a campaign	7780
committee, political action committee, legislative campaign fund,	7781
political party, or political contributing entity may use the	7782
business or residence address of its treasurer or deputy	7783
treasurer. The post-office box number of the campaign committee,	7784
political action committee, legislative campaign fund, political	7785
party, or political contributing entity may be used in addition to	7786
that address.	7787

(d) For the sole purpose of a campaign committee's reporting	7788
of contributions on a statement of contributions received under	7789
division (B)(4) of this section, "address" has one of the	7790
following meanings at the option of the campaign committee:	7791

(i) The same meaning as in division (F)(1)(a) of this	7792
section;	7793

(ii) All of the following, if they exist: the contributor's	7794
post-office box number and city or village, state, and zip code as	7795
used in the contributor's post-office address.	7796

(e) As used with regard to the reporting under this section	7797
of any expenditure, "address" means all of the following if they	7798
exist: apartment number, street, road, or highway name and number,	7799
rural delivery route number, city or village, state, and zip code	7800
as used in a person's post-office address, or post-office box. If	7801
an address concerning any expenditure is required in this section,	7802
a campaign committee, political action committee, legislative	7803
campaign fund, political party, or political contributing entity	7804
may use the business or residence address of its treasurer or	7805
deputy treasurer or its post-office box number.	7806

(2) "Statewide candidate" means the joint candidates for the	7807
offices of governor and lieutenant governor or a candidate for the	7808
office of secretary of state, auditor of state, treasurer of	7809
state, attorney general, member of the state board of education,	7810
chief justice of the supreme court, or justice of the supreme	7811
court.	7812

(3) "Candidate for county office" means a candidate for the	7813
office of county auditor, county treasurer, clerk of the court of	7814
common pleas, judge of the court of common pleas, sheriff, county	7815
recorder, county engineer, county commissioner, prosecuting	7816
attorney, or coroner.	7817

(G) An independent expenditure shall be reported whenever and	7818
in the same manner that an expenditure is required to be reported	7819
under this section and shall be reported pursuant to division	7820
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	7821

(H)(1) Except as otherwise provided in division (H)(2) of	7822
this section, if, during the combined pre-election and	7823
postelection reporting periods for an election, a campaign	7824
committee has received contributions of five hundred dollars or	7825
less and has made expenditures in the total amount of five hundred	7826
dollars or less, it may file a statement to that effect, under	7827
penalty of election falsification, in lieu of the statement	7828
required by division (A)(2) of this section. The statement shall	7829
indicate the total amount of contributions received and the total	7830
amount of expenditures made during those combined reporting	7831
periods.	7832

(2) In the case of a successful candidate at a primary	7833
election, if either the total contributions received by or the	7834
total expenditures made by the candidate's campaign committee	7835
during the preprimary, postprimary, pregeneral, and postgeneral	7836
election periods combined equal more than five hundred dollars,	7837
the campaign committee may file the statement under division	7838
(H)(1) of this section only for the primary election. The first	7839
statement that the campaign committee files in regard to the	7840
general election shall reflect all contributions received and all	7841
expenditures made during the preprimary and postprimary election	7842
periods.	7843

(3) Divisions (H)(1) and (2) of this section do not apply if	7844
a campaign committee receives contributions or makes expenditures	7845
prior to the first day of January of the year of the election at	7846
which the candidate seeks nomination or election to office or if	7847
the campaign committee does not file a termination statement with	7848
its postprimary election statement in the case of an unsuccessful	7849
primary election candidate or with its postgeneral election	7850
statement in the case of other candidates.	7851

(I) In the case of a contribution made by a partner of a	7852
partnership or an owner or a member of another unincorporated	7853
business from any funds of the partnership or other unincorporated	7854
business, all of the following apply:	7855

(1) The recipient of the contribution shall report the	7856
contribution by listing both the partnership or other	7857
unincorporated business and the name of the partner, owner, or	7858
member making the contribution.	7859

(2) In reporting the contribution, the recipient of the	7860
contribution shall be entitled to conclusively rely upon the	7861
information provided by the partnership or other unincorporated	7862
business, provided that the information includes one of the	7863
following:	7864

(a) The name of each partner, owner, or member as of the date	7865
of the contribution or contributions, and a statement that the	7866
total contributions are to be allocated equally among all of the	7867
partners, owners, or members; or	7868

(b) The name of each partner, owner, or member as of the date	7869
of the contribution or contributions who is participating in the	7870
contribution or contributions, and a statement that the	7871
contribution or contributions are to be allocated to those	7872
individuals in accordance with the information provided by the	7873
partnership or other unincorporated business to the recipient of	7874
the contribution.	7875

(3) For purposes of section 3517.102 of the Revised Code, the	7876
contribution shall be considered to have been made by the partner,	7877
owner, or member reported under division (I)(1) of this section.	7878

(4) No contribution from a partner of a partnership or an	7879
owner or a member of another unincorporated business shall be	7880
accepted from any funds of the partnership or other unincorporated	7881
business unless the recipient reports the contribution under	7882
division (I)(1) of this section together with the information	7883
provided under division (I)(2) of this section.	7884

(5) No partnership or other unincorporated business shall	7885
make a contribution or contributions solely in the name of the	7886
partnership or other unincorporated business.	7887

(6) As used in division (I) of this section, "partnership or	7888
other unincorporated business" includes, but is not limited to, a	7889
cooperative, a sole proprietorship, a general partnership, a	7890
limited partnership, a limited partnership association, a limited	7891
liability partnership, and a limited liability company.	7892

(J) A candidate shall have only one campaign committee at any	7893
given time for all of the offices for which the person is a	7894
candidate or holds office.	7895

(K)(1) In addition to filing a designation of appointment of	7896
a treasurer under division (D)(1) of this section, the campaign	7897
committee of any candidate for an elected municipal office that	7898
pays an annual amount of compensation of five thousand dollars or	7899
less, the campaign committee of any candidate for member of a	7900
board of education except member of the state board of education,	7901
or the campaign committee of any candidate for township trustee or	7902
township fiscal officer may sign, under penalty of election	7903
falsification, a certificate attesting that the committee will not	7904
accept contributions during an election period that exceed in the	7905
aggregate two thousand dollars from all contributors and one	7906
hundred dollars from any one individual, and that the campaign	7907
committee will not make expenditures during an election period	7908
that exceed in the aggregate two thousand dollars.	7909

The certificate shall be on a form prescribed by the	7910
secretary of state and shall be filed not later than ten days	7911
after the candidate files a declaration of candidacy and petition,	7912
a nominating petition, or a declaration of intent to be a write-in	7913
candidate.	7914

(2) Except as otherwise provided in division (K)(3) of this	7915
section, a campaign committee that files a certificate under	7916
division (K)(1) of this section is not required to file the	7917
statements required by division (A) of this section.	7918

(3) If, after filing a certificate under division (K)(1) of	7919
this section, a campaign committee exceeds any of the limitations	7920
described in that division during an election period, the	7921
certificate is void and thereafter the campaign committee shall	7922
file the statements required by division (A) of this section. If	7923
the campaign committee has not previously filed a statement, then	7924
on the first statement the campaign committee is required to file	7925
under division (A) of this section after the committee's	7926
certificate is void, the committee shall report all contributions	7927
received and expenditures made from the time the candidate filed	7928
the candidate's declaration of candidacy and petition, nominating	7929
petition, or declaration of intent to be a write-in candidate.	7930

(4) As used in division (K) of this section, "election	7931
period" means the period of time beginning on the day a person	7932
files a declaration of candidacy and petition, nominating	7933
petition, or declaration of intent to be a write-in candidate	7934
through the day of the election at which the person seeks	7935
nomination to office if the person is not elected to office, or,	7936
if the candidate was nominated in a primary election, the day of	7937
the election at which the candidate seeks office.	7938

(L) A political contributing entity that receives	7939
contributions from the dues, membership fees, or other assessments	7940
of its members or from its officers, shareholders, and employees	7941
may report the aggregate amount of contributions received from	7942
those contributors and the number of individuals making those	7943
contributions, for each filing period under divisions (A)(1), (2),	7944
(3), and (4) of this section, rather than reporting information as	7945
required under division (B)(4) of this section, including, when	7946
applicable, the name of the current employer, if any, of a	7947
contributor whose contribution exceeds one hundred dollars or, if	7948
such a contributor is self-employed, the contributor's occupation	7949
and the name of the contributor's business, if any. Division	7950
(B)(4) of this section applies to a political contributing entity	7951
with regard to contributions it receives from all other	7952
contributors.	7953

Sec. 3517.102. (A) Except as otherwise provided in section	7954
3517.103 of the Revised Code, as used in this section and sections	7955
3517.103 and 3517.104 of the Revised Code:	7956

(1) "Candidate" has the same meaning as in section 3517.01 of	7957
the Revised Code but includes only candidates for the offices of	7958
governor, lieutenant governor, secretary of state, auditor of	7959
state, treasurer of state, attorney general, member of the state	7960
board of education, member of the general assembly, chief justice	7961
of the supreme court, and justice of the supreme court.	7962

(2) "Statewide candidate" or "any one statewide candidate"	7963
means the joint candidates for the offices of governor and	7964
lieutenant governor or a candidate for the office of secretary of	7965
state, auditor of state, treasurer of state, attorney general,	7966
member of the state board of education, chief justice of the	7967
supreme court, or justice of the supreme court.	7968

(3) "Senate candidate" means a candidate for the office of	7969
state senator.	7970

(4) "House candidate" means a candidate for the office of	7971
state representative.	7972

(5)(a) "Primary election period" for a candidate begins on	7973
the beginning date of the candidate's pre-filing period specified	7974
in division (A)(9) of section 3517.109 of the Revised Code and	7975
ends on the day of the primary election.	7976

(b) In regard to any candidate, the "general election period"	7977
begins on the day after the primary election immediately preceding	7978
the general election at which the candidate seeks an office	7979
specified in division (A)(1) of this section and ends on the	7980
thirty-first day of December following that general election.	7981

(6) "State candidate fund" means the state candidate fund	7982
established by a state or county political party under division	7983
(D)(3)(c) of section 3517.10 of the Revised Code.	7984

(7) "Postgeneral election statement" means the statement	7985
filed under division (A)(2) of section 3517.10 of the Revised Code	7986
by the campaign committee of a candidate after the general	7987
election in which the candidate ran for office or filed by	7988
legislative campaign fund after the general election in an	7989
even-numbered year.	7990

(8) "Contribution" means any contribution that is required to	7991
be reported in the statement of contributions under section	7992
3517.10 of the Revised Code.	7993

(9)(a) Except as otherwise provided in division (A)(9)(b) of	7994
this section ~~and in division (F) of section 3517.103 and division~~	7995
~~(B)(3)(b) of section 3517.1010 of the Revised Code~~, "designated	7996
state campaign committee" means:	7997

(i) In the case of contributions to or from a state political	7998
party, a campaign committee of a statewide candidate, statewide	7999
officeholder, senate candidate, house candidate, or member of the	8000
general assembly.	8001

(ii) In the case of contributions to or from a county	8002
political party, a campaign committee of a senate candidate or	8003
house candidate whose candidacy is to be submitted to some or all	8004
of the electors in that county, or member of the general assembly	8005
whose district contains all or part of that county.	8006

(iii) In the case of contributions to or from a legislative	8007
campaign fund, a campaign committee of any of the following:	8008

(I) A senate or house candidate who, if elected, will be a	8009
member of the same party that established the legislative campaign	8010
fund and the same house with which the legislative campaign fund	8011
is associated;	8012

(II) A state senator or state representative who is a member	8013
of the same party that established the legislative campaign fund	8014
and the same house with which the legislative campaign fund is	8015
associated.	8016

(b) A campaign committee is no longer a "designated state	8017
campaign committee" after the campaign committee's candidate	8018
changes the designation of treasurer required to be filed under	8019
division (D)(1) of section 3517.10 of the Revised Code to indicate	8020
that the person intends to be a candidate for, or becomes a	8021
candidate for nomination or election to, any office that, if	8022
elected, would not qualify that candidate's campaign committee as	8023
a "designated state campaign committee" under division (A)(9)(a)	8024
of this section.	8025

(B)(1)(a) No individual who is seven years of age or older	8026
shall make a contribution or contributions aggregating more than:	8027

(i) Ten thousand dollars to the campaign committee of any one	8028
statewide candidate in a primary election period or in a general	8029
election period;	8030

(ii) Ten thousand dollars to the campaign committee of any	8031
one senate candidate in a primary election period or in a general	8032
election period;	8033

(iii) Ten thousand dollars to the campaign committee of any	8034
one house candidate in a primary election period or in a general	8035
election period;	8036

(iv) Ten thousand dollars to a county political party of the	8037
county in which the individual's designated Ohio residence is	8038
located for the party's state candidate fund in a calendar year;	8039

(v) Fifteen thousand dollars to any one legislative campaign	8040
fund in a calendar year;	8041

(vi) Thirty thousand dollars to any one state political party	8042
for the party's state candidate fund in a calendar year;	8043

(vii) Ten thousand dollars to any one political action	8044
committee in a calendar year;	8045

(viii) Ten thousand dollars to any one political contributing	8046
entity in a calendar year.	8047

(b) No individual shall make a contribution or contributions	8048
to the state candidate fund of a county political party of any	8049
county other than the county in which the individual's designated	8050
Ohio residence is located.	8051

(c) No individual who is under seven years of age shall make	8052
any contribution.	8053

(2)(a) Subject to division (D)(1) of this section, no	8054
political action committee shall make a contribution or	8055
contributions aggregating more than:	8056

(i) Ten thousand dollars to the campaign committee of any one	8057
statewide candidate in a primary election period or in a general	8058
election period;	8059

(ii) Ten thousand dollars to the campaign committee of any	8060
one senate candidate in a primary election period or in a general	8061
election period;	8062

(iii) Ten thousand dollars to the campaign committee of any	8063
one house candidate in a primary election period or in a general	8064
election period;	8065

(iv) Fifteen thousand dollars to any one legislative campaign	8066
fund in a calendar year;	8067

(v) Thirty thousand dollars to any one state political party	8068
for the party's state candidate fund in a calendar year;	8069

(vi) Ten thousand dollars to another political action	8070
committee or to a political contributing entity in a calendar	8071
year. This division does not apply to a political action committee	8072
that makes a contribution to a political action committee or a	8073
political contributing entity affiliated with it. For purposes of	8074
this division, a political action committee is affiliated with	8075
another political action committee or with a political	8076
contributing entity if they are both established, financed,	8077
maintained, or controlled by, or if they are, the same	8078
corporation, organization, labor organization, continuing	8079
association, or other person, including any parent, subsidiary,	8080
division, or department of that corporation, organization, labor	8081
organization, continuing association, or other person.	8082

(b) No political action committee shall make a contribution	8083
or contributions to a county political party for the party's state	8084
candidate fund.	8085

(3) No campaign committee shall make a contribution or	8086
contributions aggregating more than:	8087

(a) Ten thousand dollars to the campaign committee of any one	8088
statewide candidate in a primary election period or in a general	8089
election period;	8090

(b) Ten thousand dollars to the campaign committee of any one	8091
senate candidate in a primary election period or in a general	8092
election period;	8093

(c) Ten thousand dollars to the campaign committee of any one	8094
house candidate in a primary election period or in a general	8095
election period;	8096

(d) Ten thousand dollars to any one political action	8097
committee in a calendar year;	8098

(e) Ten thousand dollars to any one political contributing	8099
entity in a calendar year.	8100

(4)(a) Subject to division (D)(3) of this section, no	8101
political party shall make a contribution or contributions	8102
aggregating more than ten thousand dollars to any one political	8103
action committee or to any one political contributing entity in a	8104
calendar year.	8105

(b) No county political party shall make a contribution or	8106
contributions to another county political party.	8107

(5)(a) Subject to division (B)(5)(b) of this section, no	8108
campaign committee, other than a designated state campaign	8109
committee, shall make a contribution or contributions aggregating	8110
in a calendar year more than:	8111

(i) Thirty thousand dollars to any one state political party	8112
for the party's state candidate fund;	8113

(ii) Fifteen thousand dollars to any one legislative campaign	8114
fund;	8115

(iii) Ten thousand dollars to any one county political party	8116
for the party's state candidate fund.	8117

(b) No campaign committee shall make a contribution or	8118
contributions to a county political party for the party's state	8119
candidate fund unless one of the following applies:	8120

(i) The campaign committee's candidate will appear on a	8121
ballot in that county.	8122

(ii) The campaign committee's candidate is the holder of an	8123
elected public office that represents all or part of the	8124
population of that county at the time the contribution is made.	8125

(6)(a) No state candidate fund of a county political party	8126
shall make a contribution or contributions, except a contribution	8127
or contributions to a designated state campaign committee, in a	8128
primary election period or a general election period, aggregating	8129
more than:	8130

(i) Two hundred fifty thousand dollars to the campaign	8131
committee of any one statewide candidate;	8132

(ii) Ten thousand dollars to the campaign committee of any	8133
one senate candidate;	8134

(iii) Ten thousand dollars to the campaign committee of any	8135
one house candidate.	8136

(b)(i) No state candidate fund of a state or county political	8137
party shall make a transfer or a contribution or transfers or	8138
contributions of cash or cash equivalents to a designated state	8139
campaign committee in a primary election period or in a general	8140
election period aggregating more than:	8141

(I) Five hundred thousand dollars to the campaign committee	8142
of any one statewide candidate;	8143

(II) One hundred thousand dollars to the campaign committee	8144
of any one senate candidate;	8145

(III) Fifty thousand dollars to the campaign committee of any	8146
one house candidate.	8147

(ii) No legislative campaign fund shall make a transfer or a	8148
contribution or transfers or contributions of cash or cash	8149
equivalents to a designated state campaign committee aggregating	8150
more than:	8151

(I) Fifty thousand dollars in a primary election period or	8152
one hundred thousand dollars in a general election period to the	8153
campaign committee of any one senate candidate;	8154

(II) Twenty-five thousand dollars in a primary election	8155
period or fifty thousand dollars in a general election period to	8156
the campaign committee of any one house candidate.	8157

(iii) As used in divisions (B)(6)(b) and (C)(6) of this	8158
section, "transfer or contribution of cash or cash equivalents"	8159
does not include any in-kind contributions.	8160

(c) A county political party that has no state candidate fund	8161
and that is located in a county having a population of less than	8162
one hundred fifty thousand may make one or more contributions from	8163
other accounts to any one statewide candidate or to any one	8164
designated state campaign committee that do not exceed, in the	8165
aggregate, two thousand five hundred dollars in any primary	8166
election period or general election period. As used in this	8167
division, "other accounts" does not include an account that	8168
contains the public moneys received from the Ohio political party	8169
fund under section 3517.17 of the Revised Code.	8170

(d) No legislative campaign fund shall make a contribution,	8171
other than to a designated state campaign committee or to the	8172
state candidate fund of a political party.	8173

(7)(a) Subject to division (D)(1) of this section, no	8174
political contributing entity shall make a contribution or	8175
contributions aggregating more than:	8176

(i) Ten thousand dollars to the campaign committee of any one	8177
statewide candidate in a primary election period or in a general	8178
election period;	8179

(ii) Ten thousand dollars to the campaign committee of any	8180
one senate candidate in a primary election period or in a general	8181
election period;	8182

(iii) Ten thousand dollars to the campaign committee of any	8183
one house candidate in a primary election period or in a general	8184
election period;	8185

(iv) Fifteen thousand dollars to any one legislative campaign	8186
fund in a calendar year;	8187

(v) Thirty thousand dollars to any one state political party	8188
for the party's state candidate fund in a calendar year;	8189

(vi) Ten thousand dollars to another political contributing	8190
entity or to a political action committee in a calendar year. This	8191
division does not apply to a political contributing entity that	8192
makes a contribution to a political contributing entity or a	8193
political action committee affiliated with it. For purposes of	8194
this division, a political contributing entity is affiliated with	8195
another political contributing entity or with a political action	8196
committee if they are both established, financed, maintained, or	8197
controlled by, or if they are, the same corporation, organization,	8198
labor organization, continuing association, or other person,	8199
including any parent, subsidiary, division, or department of that	8200
corporation, organization, labor organization, continuing	8201
association, or other person.	8202

(b) No political contributing entity shall make a	8203
contribution or contributions to a county political party for the	8204
party's state candidate fund.	8205

(C)(1)(a) Subject to division (D)(1) of this section, no	8206
campaign committee of a statewide candidate shall do any of the	8207
following:	8208

(i) Knowingly accept a contribution or contributions from any	8209
individual who is under seven years of age;	8210

(ii) Accept a contribution or contributions aggregating more	8211
than ten thousand dollars from any one individual who is seven	8212
years of age or older, from any one political action committee,	8213
from any one political contributing entity, or from any one other	8214
campaign committee in a primary election period or in a general	8215
election period;	8216

(iii) Accept a contribution or contributions aggregating more	8217
than two hundred fifty thousand dollars from any one or	8218
combination of state candidate funds of county political parties	8219
in a primary election period or in a general election period.	8220

(b) No campaign committee of a statewide candidate shall	8221
accept a contribution or contributions aggregating more than two	8222
thousand five hundred dollars in a primary election period or in a	8223
general election period from a county political party that has no	8224
state candidate fund and that is located in a county having a	8225
population of less than one hundred fifty thousand.	8226

(2)(a) Subject to division (D)(1) of this section and except	8227
for a designated state campaign committee, no campaign committee	8228
of a senate candidate shall do either of the following:	8229

(i) Knowingly accept a contribution or contributions from any	8230
individual who is under seven years of age;	8231

(ii) Accept a contribution or contributions aggregating more	8232
than ten thousand dollars from any one individual who is seven	8233
years of age or older, from any one political action committee,	8234
from any one political contributing entity, from any one state	8235
candidate fund of a county political party, or from any one other	8236
campaign committee in a primary election period or in a general	8237
election period.	8238

(b) No campaign committee of a senate candidate shall accept	8239
a contribution or contributions aggregating more than two thousand	8240
five hundred dollars in a primary election period or in a general	8241
election period from a county political party that has no state	8242
candidate fund and that is located in a county having a population	8243
of less than one hundred fifty thousand.	8244

(3)(a) Subject to division (D)(1) of this section and except	8245
for a designated state campaign committee, no campaign committee	8246
of a house candidate shall do either of the following:	8247

(i) Knowingly accept a contribution or contributions from any	8248
individual who is under seven years of age;	8249

(ii) Accept a contribution or contributions aggregating more	8250
than ten thousand dollars from any one individual who is seven	8251
years of age or older, from any one political action committee,	8252
from any one political contributing entity, from any one state	8253
candidate fund of a county political party, or from any one other	8254
campaign committee in a primary election period or in a general	8255
election period.	8256

(b) No campaign committee of a house candidate shall accept a	8257
contribution or contributions aggregating more than two thousand	8258
five hundred dollars in a primary election period or in a general	8259
election period from a county political party that has no state	8260
candidate fund and that is located in a county having a population	8261
of less than one hundred fifty thousand.	8262

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section	8263
and except for a designated state campaign committee, no county	8264
political party shall knowingly accept a contribution or	8265
contributions from any individual who is under seven years of age,	8266
or accept a contribution or contributions for the party's state	8267
candidate fund aggregating more than ten thousand dollars from any	8268
one individual whose designated Ohio residence is located within	8269
that county and who is seven years of age or older or from any one	8270
campaign committee in a calendar year.	8271

(ii) Subject to division (D)(1) of this section, no county	8272
political party shall accept a contribution or contributions for	8273
the party's state candidate fund from any individual whose	8274
designated Ohio residence is located outside of that county and	8275
who is seven years of age or older, from any campaign committee	8276
unless the campaign committee's candidate will appear on a ballot	8277
in that county or unless the campaign committee's candidate is the	8278
holder of an elected public office that represents all or part of	8279
the population of that county at the time the contribution is	8280
accepted, or from any political action committee or any political	8281
contributing entity.	8282

(iii) No county political party shall accept a contribution	8283
or contributions from any other county political party.	8284

(b) Subject to division (D)(1) of this section, no state	8285
political party shall do either of the following:	8286

(i) Knowingly accept a contribution or contributions from any	8287
individual who is under seven years of age;	8288

(ii) Accept a contribution or contributions for the party's	8289
state candidate fund aggregating more than thirty thousand dollars	8290
from any one individual who is seven years of age or older, from	8291
any one political action committee, from any one political	8292
contributing entity, or from any one campaign committee, other	8293
than a designated state campaign committee, in a calendar year.	8294

(5) Subject to division (D)(1) of this section, no	8295
legislative campaign fund shall do either of the following:	8296

(a) Knowingly accept a contribution or contributions from any	8297
individual who is under seven years of age;	8298

(b) Accept a contribution or contributions aggregating more	8299
than fifteen thousand dollars from any one individual who is seven	8300
years of age or older, from any one political action committee,	8301
from any one political contributing entity, or from any one	8302
campaign committee, other than a designated state campaign	8303
committee, in a calendar year.	8304

(6)(a) No designated state campaign committee shall accept a	8305
transfer or contribution of cash or cash equivalents from a state	8306
candidate fund of a state political party aggregating in a primary	8307
election period or a general election period more than:	8308

(i) Five hundred thousand dollars, in the case of a campaign	8309
committee of a statewide candidate;	8310

(ii) One hundred thousand dollars, in the case of a campaign	8311
committee of a senate candidate;	8312

(iii) Fifty thousand dollars, in the case of a campaign	8313
committee of a house candidate.	8314

(b) No designated state campaign committee shall accept a	8315
transfer or contribution of cash or cash equivalents from a	8316
legislative campaign fund aggregating more than:	8317

(i) Fifty thousand dollars in a primary election period or	8318
one hundred thousand dollars in a general election period, in the	8319
case of a campaign committee of a senate candidate;	8320

(ii) Twenty-five thousand dollars in a primary election	8321
period or fifty thousand dollars in a general election period, in	8322
the case of a campaign committee of a house candidate.	8323

(c) No campaign committee of a candidate for the office of	8324
member of the general assembly, including a designated state	8325
campaign committee, shall accept a transfer or contribution of	8326
cash or cash equivalents from any one or combination of state	8327
candidate funds of county political parties aggregating in a	8328
primary election period or a general election period more than:	8329

(i) One hundred thousand dollars, in the case of a campaign	8330
committee of a senate candidate;	8331

(ii) Fifty thousand dollars, in the case of a campaign	8332
committee of a house candidate.	8333

(7)(a) Subject to division (D)(3) of this section, no	8334
political action committee and no political contributing entity	8335
shall do either of the following:	8336

(i) Knowingly accept a contribution or contributions from any	8337
individual who is under seven years of age;	8338

(ii) Accept a contribution or contributions aggregating more	8339
than ten thousand dollars from any one individual who is seven	8340
years of age or older, from any one campaign committee, or from	8341
any one political party in a calendar year.	8342

(b) Subject to division (D)(1) of this section, no political	8343
action committee shall accept a contribution or contributions	8344
aggregating more than ten thousand dollars from another political	8345
action committee or from a political contributing entity in a	8346
calendar year. Subject to division (D)(1) of this section, no	8347
political contributing entity shall accept a contribution or	8348
contributions aggregating more than ten thousand dollars from	8349
another political contributing entity or from a political action	8350
committee in a calendar year. This division does not apply to a	8351
political action committee or political contributing entity that	8352
accepts a contribution from a political action committee or	8353
political contributing entity affiliated with it. For purposes of	8354
this division, a political action committee is affiliated with	8355
another political action committee or with a political	8356
contributing entity if they are both established, financed,	8357
maintained, or controlled by the same corporation, organization,	8358
labor organization, continuing association, or other person,	8359
including any parent, subsidiary, division, or department of that	8360
corporation, organization, labor organization, continuing	8361
association, or other person.	8362

(D)(1)(a) For purposes of the limitations prescribed in	8363
division (B)(2) of this section and the limitations prescribed in	8364
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	8365
whichever is applicable, all contributions made by and all	8366
contributions accepted from political action committees that are	8367
established, financed, maintained, or controlled by, or that are,	8368
the same corporation, organization, labor organization, continuing	8369
association, or other person, including any parent, subsidiary,	8370
division, or department of that corporation, organization, labor	8371
organization, continuing association, or other person, are	8372
considered to have been made by or accepted from a single	8373
political action committee.	8374

(b) For purposes of the limitations prescribed in division	8375
(B)(7) of this section and the limitations prescribed in divisions	8376
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	8377
is applicable, all contributions made by and all contributions	8378
accepted from political contributing entities that are	8379
established, financed, maintained, or controlled by, or that are,	8380
the same corporation, organization, labor organization, continuing	8381
association, or other person, including any parent, subsidiary,	8382
division, or department of that corporation, organization, labor	8383
organization, continuing association, or other person, are	8384
considered to have been made by or accepted from a single	8385
political contributing entity.	8386

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d),	8387
(B)(4)(a), and (C)(7) of this section, "political action	8388
committee" does not include a political action committee that is	8389
organized to support or oppose a ballot issue or question and that	8390
makes no contributions to or expenditures on behalf of a political	8391
party, campaign committee, legislative campaign fund, political	8392
action committee, or political contributing entity. As used in	8393
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of	8394
this section, "political contributing entity" does not include a	8395
political contributing entity that is organized to support or	8396
oppose a ballot issue or question and that makes no contributions	8397
to or expenditures on behalf of a political party, campaign	8398
committee, legislative campaign fund, political action committee,	8399
or political contributing entity.	8400

(3) For purposes of the limitations prescribed in divisions	8401
(B)(4) and (C)(7)(a) of this section, all contributions made by	8402
and all contributions accepted from a national political party, a	8403
state political party, and a county political party are considered	8404
to have been made by or accepted from a single political party and	8405
shall be combined with each other to determine whether the	8406
limitations have been exceeded.	8407

(E)(1) If a legislative campaign fund has kept a total amount	8408
of contributions exceeding one hundred fifty thousand dollars at	8409
the close of business on the seventh day before the postgeneral	8410
election statement is required to be filed under section 3517.10	8411
of the Revised Code, the legislative campaign fund shall comply	8412
with division (E)(2) of this section.	8413

(2)(a) Any legislative campaign fund that has kept a total	8414
amount of contributions in excess of the amount specified in	8415
division (E)(1) of this section at the close of business on the	8416
seventh day before the postgeneral election statement is required	8417
to be filed under section 3517.10 of the Revised Code shall	8418
dispose of the excess amount in the manner prescribed in division	8419
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety	8420
days after the day the postgeneral election statement is required	8421
to be filed under section 3517.10 of the Revised Code. Any	8422
legislative campaign fund that is required to dispose of an excess	8423
amount of contributions under this division shall file a statement	8424
on the ninetieth day after the postgeneral election statement is	8425
required to be filed under section 3517.10 of the Revised Code	8426
indicating the total amount of contributions the fund has at the	8427
close of business on the seventh day before the postgeneral	8428
election statement is required to be filed under section 3517.10	8429
of the Revised Code and that the excess contributions were	8430
disposed of pursuant to this division and division (E)(2)(b) of	8431
this section. The statement shall be on a form prescribed by the	8432
secretary of state and shall contain any additional information	8433
the secretary of state considers necessary.	8434

(b) Any legislative campaign fund that is required to dispose	8435
of an excess amount of contributions under division (E)(2) of this	8436
section shall dispose of that excess amount by doing any of the	8437
following:	8438

(i) Giving the amount to the treasurer of state for deposit	8439
into the state treasury to the credit of the Ohio elections	8440
commission fund created by division (I) of section 3517.152 of the	8441
Revised Code;	8442

(ii) Giving the amount to individuals who made contributions	8443
to that legislative campaign fund as a refund of all or part of	8444
their contributions;	8445

(iii) Giving the amount to a corporation that is exempt from	8446
federal income taxation under subsection 501(a) and described in	8447
subsection 501(c) of the Internal Revenue Code.	8448

(F)(1) No legislative campaign fund shall fail to file a	8449
statement required by division (E) of this section.	8450

(2) No legislative campaign fund shall fail to dispose of	8451
excess contributions as required by division (E) of this section.	8452

(G) Nothing in this section shall affect, be used in	8453
determining, or supersede a limitation on campaign contributions	8454
as provided for in the Federal Election Campaign Act.	8455

Sec. 3517.103. (A)~~(1)~~ For purposes of this section:

8456

~~(a)~~(1) "Statewide candidate" means the joint candidates for	8457
the offices of governor and lieutenant governor or a candidate for	8458
the office of secretary of state, auditor of state, treasurer of	8459
state, attorney general, or member of the state board of	8460
education.	8461

~~(b)(i)~~(2)(a) "Personal funds" means contributions to the	8462
campaign committee of a candidate by the candidate ~~or by the~~	8463
~~candidate's spouse, parents, children, sons-in-law,~~	8464
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	8465
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	8466
~~marriage~~.	8467

~~(ii)~~(b) A loan obtained by, guaranteed by, or for the benefit	8468
of a statewide candidate, senate candidate, or house candidate	8469
shall be considered "personal funds" subject to the provisions of	8470
this section ~~and section 3517.1010 of the Revised Code~~ to the	8471
extent that the loan is obtained or guaranteed by the candidate or	8472
~~is for the benefit of the candidate and is obtained or guaranteed~~	8473
~~by the candidate's spouse, parents, children, sons-in-law,~~	8474
~~daughters-in-law, brothers, sisters, grandparents, mother-in-law,~~	8475
~~father-in-law, brothers-in-law, sisters-in-law, or grandparents by~~	8476
~~marriage~~. A loan that is obtained or guaranteed and that is for	8477
the benefit of a statewide candidate, senate candidate, or house	8478
candidate shall not be considered "personal funds" for the	8479
purposes of this section ~~and section 3517.1010 of the Revised Code~~	8480
but shall be considered to be a "contribution" for the purposes of	8481
this chapter if the loan is obtained or guaranteed by anyone other	8482
than the candidate ~~or the candidate's spouse, parents, children,~~	8483
~~sons-in-law, daughters-in-law, brothers, sisters, grandparents,~~	8484
~~mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or~~	8485
~~grandparents by marriage~~.	8486

~~(iii)~~(c) When a debt or other obligation incurred by a	8487
committee or by a candidate on behalf of the candidate's committee	8488
~~described in division (C)(1) or (2) of this section~~ is to be paid	8489
from "personal funds," those funds are considered to be expended	8490
when the debt or other obligation is incurred, regardless of when	8491
it is paid.	8492

~~(2) For purposes of this chapter, a candidate is an~~	8493
~~"opponent" when the candidate has indicated on the candidate's~~	8494
~~most recently filed designation of treasurer that the candidate~~	8495
~~seeks the same office at the same primary or general election as~~	8496
~~another candidate whose campaign committee has filed a personal~~	8497
~~funds notice required by division (C)(1) or (2) of this section.~~	8498

(B)(1) Except as otherwise provided in division (B)(2) of	8499
this section, no statewide candidate or candidate for the office	8500
of member of the general assembly shall make an expenditure of	8501
personal funds to influence the results of an election for that	8502
candidate's nomination or election to office unless the personal	8503
funds are first deposited into the campaign fund of that	8504
candidate's campaign committee.	8505

(2) A statewide candidate or candidate for the office of	8506
member of the general assembly may make an expenditure of personal	8507
funds without first depositing those funds into the campaign	8508
committee's funds as long as the aggregate total of those	8509
expenditures does not exceed five hundred dollars at any time	8510
during an election period. After the candidate's campaign	8511
committee reimburses the candidate for any direct expenditure of	8512
personal funds, the amount that was reimbursed is no longer	8513
included in the aggregate total of expenditures of personal funds	8514
subject to the five-hundred-dollar limit.	8515

~~(C)(1) If the campaign committee of any statewide candidate~~	8516
~~has received or expended or expects to expend more than one~~	8517
~~hundred thousand dollars of personal funds during a primary~~	8518
~~election period or one hundred fifty thousand dollars of personal~~	8519
~~funds during a general election period, the campaign committee~~	8520
~~shall file a personal funds notice in the manner provided in~~	8521
~~division (C)(3) of this section indicating that the committee has~~	8522
~~received or expended or expects to expend more than that amount.~~	8523
~~For the purpose of this division, a joint team of candidates for~~	8524
~~governor and lieutenant governor shall be considered a single~~	8525
~~candidate and their personal funds shall be combined.~~	8526

~~(2) If the campaign committee of any senate candidate or~~	8527
~~house candidate has received or expended or expects to expend more~~	8528
~~than twenty-five thousand dollars of personal funds during a~~	8529
~~primary election period or twenty-five thousand dollars of~~	8530
~~personal funds during a general election period, the campaign~~	8531
~~committee shall file a personal funds notice in the manner~~	8532
~~provided in division (C)(3) of this section indicating that the~~	8533
~~committee has received or expended or expects to expend more than~~	8534
~~that amount.~~	8535

~~(3) The personal funds notice required in divisions (C)(1)~~	8536
~~and (2) of this section and the declaration of no limits required~~	8537
~~under division (D)(2) of this section shall be on a form~~	8538
~~prescribed by the secretary of state. The personal funds notice~~	8539
~~required in divisions (C)(1) and (2) of this section shall be~~	8540
~~filed not later than the earlier of the following times:~~	8541

~~(a) One hundred twenty days before a primary election, in the~~	8542
~~case of personal funds received, expended, or expected to be~~	8543
~~expended during a primary election period, or not later than one~~	8544
~~hundred twenty days before a general election, in the case of~~	8545
~~personal funds received, expended, or expected to be expended~~	8546
~~during a general election period;~~	8547

~~(b) Two business days after the candidate's campaign~~	8548
~~committee receives or makes an expenditure of personal funds or~~	8549
~~the candidate makes an expenditure of personal funds on behalf of~~	8550
~~the candidate's campaign committee during that election period~~	8551
~~that exceed, in the aggregate, the amount specified in division~~	8552
~~(C)(1) or (2) of this section.~~	8553

~~The personal funds notice required under divisions (C)(1) and~~	8554
~~(2) of this section and the declaration of no limits required~~	8555
~~under division (D)(2) of this section shall be filed wherever the~~	8556
~~campaign committee files statements of contributions and~~	8557
~~expenditures under section 3517.11 of the Revised Code. The board~~	8558
~~of elections shall send to the secretary of state a copy of any~~	8559
~~personal funds notice or declaration of no limits filed by the~~	8560
~~campaign committee of a senate candidate or house candidate under~~	8561
~~division (C)(3) or (D)(2) of this section.~~	8562

~~(D)(1) Whenever a campaign committee files a notice under~~	8563
~~division (C)(1) or (2) of this section, and the campaign committee~~	8564
~~of an opponent files a declaration of no limits pursuant to~~	8565
~~division (D)(2) of this section within thirty days of the filing~~	8566
~~of the personal funds notice under division (C)(1) or (2) of this~~	8567
~~section, the contribution limitations prescribed in section~~	8568
~~3517.102 of the Revised Code no longer apply to the campaign~~	8569
~~committee of the candidate's opponent.~~	8570

~~(2) No campaign committee of a candidate described in~~	8571
~~division (D)(1) of this section shall accept any contribution or~~	8572
~~contributions from a contributor that exceed the limitations~~	8573
~~prescribed in section 3517.102 of the Revised Code until the~~	8574
~~committee files a declaration that the committee will accept~~	8575
~~contributions that exceed those limitations. This declaration~~	8576
~~shall be filed not later than thirty days after a candidate's~~	8577
~~opponent has filed a personal funds notice pursuant to division~~	8578
~~(C)(1) or (2) of section 3517.103 of the Revised Code, shall be~~	8579
~~referred to as the "declaration of no limits," and shall list all~~	8580
~~of the following:~~	8581

~~(a) The amount of cash on hand in the candidate's campaign~~	8582
~~fund at the end of the day immediately preceding the day on which~~	8583
~~the candidate's campaign committee files the declaration of no~~	8584
~~limits;~~	8585

~~(b) The value and description of all campaign assets worth~~	8586
~~five hundred dollars or more available to the candidate at the end~~	8587
~~of the day immediately preceding the day on which the candidate's~~	8588
~~campaign committee files the declaration of no limits.~~	8589

~~(3) A candidate who was not an opponent of a candidate who~~	8590
~~filed the personal funds notice required under division (C)(3) of~~	8591
~~this section on the date the personal funds notice was filed may~~	8592
~~file the declaration of no limits pursuant to division (D)(2) of~~	8593
~~this section within thirty days after becoming an opponent of the~~	8594
~~candidate who filed the personal funds notice.~~	8595

~~(4) If the candidate whose campaign committee filed a~~	8596
~~personal funds notice under division (C)(1) or (2) of this section~~	8597
~~fails to file a declaration of candidacy for the office listed on~~	8598
~~the designation of treasurer filed under division (D) of section~~	8599
~~3517.10 of the Revised Code or files a declaration of candidacy or~~	8600
~~nominating petition for that office and dies or withdraws, both of~~	8601
~~the following apply to the campaign committee of that candidate's~~	8602
~~opponent if the opponent has filed a declaration of no limits~~	8603
~~pursuant to division (D) of this section:~~	8604

~~(a) No contribution from a contributor may thereafter be~~	8605
~~accepted that, when added to the aggregate total of all~~	8606
~~contributions received by that committee from that contributor~~	8607
~~during the primary election period or general election period,~~	8608
~~whichever is applicable, would cause that committee to exceed the~~	8609
~~contribution limitations prescribed in section 3517.102 of the~~	8610
~~Revised Code for the applicable election period.~~	8611

~~(b) The statement of primary-day finances or the year-end~~	8612
~~statement required to be filed under division (E) of section~~	8613
~~3517.1010 of the Revised Code shall be filed not later than~~	8614
~~fourteen days after the date the candidate's opponent fails to~~	8615
~~file a declaration of candidacy or nominating petition by the~~	8616
~~appropriate filing deadline, or dies or withdraws. For purposes of~~	8617
~~calculating permitted funds under division (A)(4) of section~~	8618
~~3517.1010 of the Revised Code, the primary or general election~~	8619
~~period, whichever is applicable, shall be considered to have ended~~	8620
~~on the filing deadline, in the case of an opponent who fails to~~	8621
~~file a declaration of candidacy or nominating petition, or on the~~	8622
~~date of the opponent's death or withdrawal. In such an event, the~~	8623
~~filing of a statement of primary-day finances or year-end finances~~	8624
~~and the disposing of any excess funds as required under division~~	8625
~~(B) of section 3517.1010 of the Revised Code satisfies the~~	8626
~~candidate's obligation to file such a statement for that election~~	8627
~~period.~~	8628

~~(E)(1) No campaign committee shall fail to file a personal~~	8629
~~funds notice as required under division (C)(1) or (2) of this~~	8630
~~section.~~	8631

~~(2) No campaign committee shall accept any contribution in~~	8632
~~excess of the contribution limitations prescribed in section~~	8633
~~3517.102 of the Revised Code:~~	8634

~~(a) Unless a declaration of no limits has been filed under~~	8635
~~division (D)(2) of this section;~~	8636

~~(b) In violation of division (D)(4) of this section once the~~	8637
~~candidate who filed a personal funds notice under division (C)(3)~~	8638
~~of this section fails to file a declaration of candidacy or~~	8639
~~nominating petition or that candidate dies or withdraws.~~	8640

~~(3) No campaign committee that violates division (E)(1) of~~	8641
~~this section shall expend any personal funds in excess of the~~	8642
~~amount specified in division (C)(1) or (2) of this section,~~	8643
~~whichever is appropriate to the committee.~~	8644

~~(4) The candidate of any campaign committee that violates~~	8645
~~division (E) of this section shall forfeit the candidate's~~	8646
~~nomination, if the candidate was nominated, or the office to which~~	8647
~~the candidate was elected, if the candidate was elected to office.~~	8648

~~(F)(1) Whenever a campaign committee files a notice under~~	8649
~~division (C)(1) or (2) of this section or whenever the~~	8650
~~contribution limitations prescribed in section 3517.102 of the~~	8651
~~Revised Code do not apply to a campaign committee under division~~	8652
~~(D)(1) of this section, that committee is not a designated state~~	8653
~~campaign committee for the purpose of the limitations prescribed~~	8654
~~in section 3517.102 of the Revised Code with regard to~~	8655
~~contributions made by that campaign committee to a legislative~~	8656
~~campaign fund or to a state candidate fund of a state or county~~	8657
~~political party.~~	8658

~~(2) Division (F)(1) of this section no longer applies to a~~	8659
~~campaign committee after both of the following occur:~~	8660

~~(a) The primary or general election period during which the~~	8661
~~contribution limitations prescribed in section 3517.102 of the~~	8662
~~Revised Code did not apply after being removed pursuant to~~	8663
~~division (D) of this section has expired;~~	8664

~~(b) When the campaign committee has disposed of all excess~~	8665
~~funds and excess aggregate contributions as required under section~~	8666
~~3517.1010 of the Revised Code.~~	8667

Sec. 3517.106. (A) As used in this section:

8668

(1) "Statewide office" means any of the offices of governor,	8669
lieutenant governor, secretary of state, auditor of state,	8670
treasurer of state, attorney general, chief justice of the supreme	8671
court, and justice of the supreme court.	8672

(2) "Addendum to a statement" includes an amendment or other	8673
correction to that statement.	8674

(B)(1) The secretary of state shall store on computer the	8675
information contained in statements of contributions and	8676
expenditures and monthly statements required to be filed under	8677
section 3517.10 of the Revised Code and in statements of	8678
independent expenditures required to be filed under section	8679
3517.105 of the Revised Code by any of the following:	8680

(a) The campaign committees of candidates for statewide	8681
office;	8682

(b) The political action committees and political	8683
contributing entities described in division (A)(1) of section	8684
3517.11 of the Revised Code;	8685

8686

(d) State political parties;

8687

(e) Individuals, partnerships, corporations, labor	8688
organizations, or other entities that make independent	8689
expenditures in support of or opposition to a statewide candidate	8690
or a statewide ballot issue or question;	8691

(f) The campaign committees of candidates for the office of	8692
member of the general assembly;	8693

(g) County political parties, with respect to their state	8694
candidate funds.	8695

(2) The secretary of state shall store on computer the	8696
information contained in disclosure of electioneering	8697
communications statements required to be filed under section	8698
3517.1011 of the Revised Code.	8699

(3) The secretary of state shall store on computer the	8700
information contained in deposit and disbursement statements	8701
required to be filed with the office of the secretary of state	8702
under section 3517.1012 of the Revised Code.	8703

(4) The secretary of state shall store on computer the gift	8704
and disbursement information contained in statements required to	8705
be filed with the office of the secretary of state under section	8706
3517.1013 of the Revised Code.	8707

(5) The secretary of state shall store on computer the	8708
information contained in donation and disbursement statements	8709
required to be filed with the office of the secretary of state	8710
under section 3517.1014 of the Revised Code.	8711

(C)(1) The secretary of state shall make available to the	8712
campaign committees, political action committees, political	8713
contributing entities, legislative campaign funds, political	8714
parties, individuals, partnerships, corporations, labor	8715
organizations, treasurers of transition funds, and other entities	8716
described in division (B) of this section, and to members of the	8717
news media and other interested persons, for a reasonable fee,	8718
computer programs that are compatible with the secretary of	8719
state's method of storing the information contained in the	8720
statements.	8721

(2) The secretary of state shall make the information	8722
required to be stored under division (B) of this section available	8723
on computer at the secretary of state's office so that, to the	8724
maximum extent feasible, individuals may obtain at the secretary	8725
of state's office any part or all of that information for any	8726
given year, subject to the limitation expressed in division (D) of	8727
this section.	8728

(D) The secretary of state shall keep the information stored	8729
on computer under division (B) of this section for at least six	8730
years.	8731

(E)(1) Subject to division (L) of this section and subject to	8732
the secretary of state having implemented, tested, and verified	8733
the successful operation of any system the secretary of state	8734
prescribes pursuant to division (H)(1) of this section and	8735
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8736
Code for the filing of campaign finance statements by electronic	8737
means of transmission, the campaign committee of each candidate	8738
for statewide office may file the statements prescribed by section	8739
3517.10 of the Revised Code by electronic means of transmission	8740
or, if the total amount of the contributions received or the total	8741
amount of the expenditures made by the campaign committee for the	8742
applicable reporting period as specified in division (A) of	8743
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8744
shall file those statements by electronic means of transmission.	8745

Except as otherwise provided in this division, within five	8746
business days after a statement filed by a campaign committee of a	8747
candidate for statewide office is received by the secretary of	8748
state by electronic or other means of transmission, the secretary	8749
of state shall make available online to the public through the	8750
internet, as provided in division (I) of this section, the	8751
contribution and expenditure information in that statement. The	8752
secretary of state shall not make available online to the public	8753
through the internet any contribution or expenditure information	8754
contained in a statement for any candidate until the secretary of	8755
state is able to make available online to the public through the	8756
internet the contribution and expenditure information for all	8757
candidates for a particular office, or until the applicable filing	8758
deadline for that statement has passed, whichever is sooner. As	8759
soon as the secretary of state has available all of the	8760
contribution and expenditure information for all candidates for a	8761
particular office, or as soon as the applicable filing deadline	8762
for a statement has passed, whichever is sooner, the secretary of	8763
state shall simultaneously make available online to the public	8764
through the internet the information for all candidates for that	8765
office.	8766

If a statement filed by electronic means of transmission is	8767
found to be incomplete or inaccurate after the examination of the	8768
statement for completeness and accuracy pursuant to division	8769
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8770
committee shall file by electronic means of transmission any	8771
addendum to the statement that provides the information necessary	8772
to complete or correct the statement or, if required by the	8773
secretary of state under that division, an amended statement.	8774

Within five business days after the secretary of state	8775
receives from a campaign committee of a candidate for statewide	8776
office an addendum to the statement or an amended statement by	8777
electronic or other means of transmission under this division or	8778
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8779
secretary of state shall make the contribution and expenditure	8780
information in the addendum or amended statement available online	8781
to the public through the internet as provided in division (I) of	8782
this section.	8783

(2) Subject to the secretary of state having implemented,	8784
tested, and verified the successful operation of any system the	8785
secretary of state prescribes pursuant to division (H)(1) of this	8786
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8787
the Revised Code for the filing of campaign finance statements by	8788
electronic means of transmission, a political action committee and	8789
a political contributing entity described in division (B)(1)(b) of	8790
this section, a legislative campaign fund, and a state political	8791
party may file the statements prescribed by section 3517.10 of the	8792
Revised Code by electronic means of transmission or, if the total	8793
amount of the contributions received or the total amount of the	8794
expenditures made by the political action committee, political	8795
contributing entity, legislative campaign fund, or state political	8796
party for the applicable reporting period as specified in division	8797
(A) of section 3517.10 of the Revised Code exceeds ten thousand	8798
dollars, shall file those statements by electronic means of	8799
transmission.	8800

Within five business days after a statement filed by a	8801
political action committee or a political contributing entity	8802
described in division (B)(1)(b) of this section, a legislative	8803
campaign fund, or a state political party is received by the	8804
secretary of state by electronic or other means of transmission,	8805
the secretary of state shall make available online to the public	8806
through the internet, as provided in division (I) of this section,	8807
the contribution and expenditure information in that statement.	8808

If a statement filed by electronic means of transmission is	8809
found to be incomplete or inaccurate after the examination of the	8810
statement for completeness and accuracy pursuant to division	8811
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8812
action committee, political contributing entity, legislative	8813
campaign fund, or state political party shall file by electronic	8814
means of transmission any addendum to the statement that provides	8815
the information necessary to complete or correct the statement or,	8816
if required by the secretary of state under that division, an	8817
amended statement.	8818

Within five business days after the secretary of state	8819
receives from a political action committee or a political	8820
contributing entity described in division (B)(1)(b) of this	8821
section, a legislative campaign fund, or a state political party	8822
an addendum to the statement or an amended statement by electronic	8823
or other means of transmission under this division or division	8824
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8825
state shall make the contribution and expenditure information in	8826
the addendum or amended statement available online to the public	8827
through the internet as provided in division (I) of this section.	8828

(3) Subject to the secretary of state having implemented,	8829
tested, and verified the successful operation of any system the	8830
secretary of state prescribes pursuant to division (H)(1) of this	8831
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8832
the Revised Code for the filing of campaign finance statements by	8833
electronic means of transmission, a county political party shall	8834
file the statements prescribed by section 3517.10 of the Revised	8835
Code with respect to its state candidate fund by electronic means	8836
of transmission to the office of the secretary of state.	8837

Within five business days after a statement filed by a county	8838
political party with respect to its state candidate fund is	8839
received by the secretary of state by electronic means of	8840
transmission, the secretary of state shall make available online	8841
to the public through the internet, as provided in division (I) of	8842
this section, the contribution and expenditure information in that	8843
statement.	8844

If a statement is found to be incomplete or inaccurate after	8845
the examination of the statement for completeness and accuracy	8846
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8847
Code, a county political party shall file by electronic means of	8848
transmission any addendum to the statement that provides the	8849
information necessary to complete or correct the statement or, if	8850
required by the secretary of state under that division, an amended	8851
statement.	8852

Within five business days after the secretary of state	8853
receives from a county political party an addendum to the	8854
statement or an amended statement by electronic means of	8855
transmission under this division or division (B)(3)(a) of section	8856
3517.11 of the Revised Code, the secretary of state shall make the	8857
contribution and expenditure information in the addendum or	8858
amended statement available online to the public through the	8859
internet as provided in division (I) of this section.	8860

(F)(1) Subject to division (L) of this section and subject to	8861
the secretary of state having implemented, tested, and verified	8862
the successful operation of any system the secretary of state	8863
prescribes pursuant to division (H)(1) of this section and	8864
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8865
Code for the filing of campaign finance statements by electronic	8866
means of transmission, a campaign committee of a candidate for the	8867
office of member of the general assembly or a campaign committee	8868
of a candidate for the office of judge of a court of appeals may	8869
file the statements prescribed by section 3517.10 of the Revised	8870
Code in accordance with division (A)(2) of section 3517.11 of the	8871
Revised Code or by electronic means of transmission to the office	8872
of the secretary of state or, if the total amount of the	8873
contributions received by the campaign committee for the	8874
applicable reporting period as specified in division (A) of	8875
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8876
shall file those statements by electronic means of transmission to	8877
the office of the secretary of state.	8878

Except as otherwise provided in this division, within five	8879
business days after a statement filed by a campaign committee of a	8880
candidate for the office of member of the general assembly or a	8881
campaign committee of a candidate for the office of judge of a	8882
court of appeals is received by the secretary of state by	8883
electronic or other means of transmission, the secretary of state	8884
shall make available online to the public through the internet, as	8885
provided in division (I) of this section, the contribution and	8886
expenditure information in that statement. The secretary of state	8887
shall not make available online to the public through the internet	8888
any contribution or expenditure information contained in a	8889
statement for any candidate until the secretary of state is able	8890
to make available online to the public through the internet the	8891
contribution and expenditure information for all candidates for a	8892
particular office, or until the applicable filing deadline for	8893
that statement has passed, whichever is sooner. As soon as the	8894
secretary of state has available all of the contribution and	8895
expenditure information for all candidates for a particular	8896
office, or as soon as the applicable filing deadline for a	8897
statement has passed, whichever is sooner, the secretary of state	8898
shall simultaneously make available online to the public through	8899
the internet the information for all candidates for that office.	8900

If a statement filed by electronic means of transmission is	8901
found to be incomplete or inaccurate after the examination of the	8902
statement for completeness and accuracy pursuant to division	8903
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8904
committee shall file by electronic means of transmission to the	8905
office of the secretary of state any addendum to the statement	8906
that provides the information necessary to complete or correct the	8907
statement or, if required by the secretary of state under that	8908
division, an amended statement.	8909

Within five business days after the secretary of state	8910
receives from a campaign committee of a candidate for the office	8911
of member of the general assembly or a campaign committee of a	8912
candidate for the office of judge of a court of appeals an	8913
addendum to the statement or an amended statement by electronic or	8914
other means of transmission under this division or division	8915
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8916
state shall make the contribution and expenditure information in	8917
the addendum or amended statement available online to the public	8918
through the internet as provided in division (I) of this section.	8919

(2) If a statement, addendum, or amended statement is not	8920
filed by electronic means of transmission to the office of the	8921
secretary of state but is filed by printed version only under	8922
division (A)(2) of section 3517.11 of the Revised Code with the	8923
appropriate board of elections, the campaign committee of a	8924
candidate for the office of member of the general assembly or a	8925
campaign committee of a candidate for the office of judge of a	8926
court of appeals shall file two copies of the printed version of	8927
the statement, addendum, or amended statement with the board of	8928
elections. The board of elections shall send one of those copies	8929
by ~~certified~~ mail or an electronic copy to the secretary of state	8930
before the close of business on the day the board of elections	8931
receives the statement, addendum, or amended statement.	8932

(G) Subject to the secretary of state having implemented,	8933
tested, and verified the successful operation of any system the	8934
secretary of state prescribes pursuant to division (H)(1) of this	8935
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8936
the Revised Code for the filing of campaign finance statements by	8937
electronic means of transmission, any individual, partnership, or	8938
other entity that makes independent expenditures in support of or	8939
opposition to a statewide candidate or a statewide ballot issue or	8940
question as provided in division (B)(2)(b) or (C)(2)(b) of section	8941
3517.105 of the Revised Code may file the statement specified in	8942
that division by electronic means of transmission or, if the total	8943
amount of independent expenditures made during the reporting	8944
period under that division exceeds ten thousand dollars, shall	8945
file the statement specified in that division by electronic means	8946
of transmission.	8947

Within five business days after a statement filed by an	8948
individual, partnership, or other entity is received by the	8949
secretary of state by electronic or other means of transmission,	8950
the secretary of state shall make available online to the public	8951
through the internet, as provided in division (I) of this section,	8952
the expenditure information in that statement.	8953

If a statement filed by electronic means of transmission is	8954
found to be incomplete or inaccurate after the examination of the	8955
statement for completeness and accuracy pursuant to division	8956
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	8957
partnership, or other entity shall file by electronic means of	8958
transmission any addendum to the statement that provides the	8959
information necessary to complete or correct the statement or, if	8960
required by the secretary of state under that division, an amended	8961
statement.	8962

Within five business days after the secretary of state	8963
receives from an individual, partnership, or other entity	8964
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	8965
of the Revised Code an addendum to the statement or an amended	8966
statement by electronic or other means of transmission under this	8967
division or division (B)(3)(a) of section 3517.11 of the Revised	8968
Code, the secretary of state shall make the expenditure	8969
information in the addendum or amended statement available online	8970
to the public through the internet as provided in division (I) of	8971
this section.	8972

(H)(1) The secretary of state, by rule adopted pursuant to	8973
section 3517.23 of the Revised Code, shall prescribe one or more	8974
techniques by which a person who executes and transmits by	8975
electronic means a statement of contributions and expenditures, a	8976
statement of independent expenditures, a disclosure of	8977
electioneering communications statement, a deposit and	8978
disbursement statement, a gift and disbursement statement, or a	8979
donation and disbursement statement, an addendum to any of those	8980
statements, an amended statement of contributions and	8981
expenditures, an amended statement of independent expenditures, an	8982
amended disclosure of electioneering communications statement, an	8983
amended deposit and disbursement statement, an amended gift and	8984
disbursement statement, or an amended donation and disbursement	8985
statement, under this section or section 3517.10, 3517.105,	8986
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	8987
shall electronically sign the statement, addendum, or amended	8988
statement. Any technique prescribed by the secretary of state	8989
pursuant to this division shall create an electronic signature	8990
that satisfies all of the following:	8991

(a) It is unique to the signer.

8992

(b) It objectively identifies the signer.

8993

(c) It involves the use of a signature device or other means	8994
or method that is under the sole control of the signer and that	8995
cannot be readily duplicated or compromised.	8996

(d) It is created and linked to the electronic record to	8997
which it relates in a manner that, if the record or signature is	8998
intentionally or unintentionally changed after signing, the	8999
electronic signature is invalidated.	9000

(2) An electronic signature prescribed by the secretary of	9001
state under division (H)(1) of this section shall be attached to	9002
or associated with the statement of contributions and	9003
expenditures, the statement of independent expenditures, the	9004
disclosure of electioneering communications statement, the deposit	9005
and disbursement statement, the gift and disbursement statement,	9006
or the donation and disbursement statement, the addendum to any of	9007
those statements, the amended statement of contributions and	9008
expenditures, the amended statement of independent expenditures,	9009
the amended disclosure of electioneering communications statement,	9010
the amended deposit and disbursement statement, the amended gift	9011
and disbursement statement, or the amended donation and	9012
disbursement statement that is executed and transmitted by	9013
electronic means by the person to whom the electronic signature is	9014
attributed. The electronic signature that is attached to or	9015
associated with the statement, addendum, or amended statement	9016
under this division shall be binding on all persons and for all	9017
purposes under the campaign finance reporting law as if the	9018
signature had been handwritten in ink on a printed form.	9019

(I) The secretary of state shall make the contribution and	9020
expenditure, the contribution and disbursement, the deposit and	9021
disbursement, the gift and disbursement, or the donation and	9022
disbursement information in all statements, all addenda to the	9023
statements, and all amended statements that are filed with the	9024
secretary of state by electronic or other means of transmission	9025
under this section or section 3517.10, 3517.105, 3517.1011,	9026
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	9027
available online to the public by any means that are searchable,	9028
viewable, and accessible through the internet.	9029

(J)(1) As used in this division, "library" means a library	9030
that is open to the public and that is one of the following:	9031

(a) A library that is maintained and regulated under section	9032
715.13 of the Revised Code;	9033

(b) A library that is created, maintained, and regulated	9034
under Chapter 3375. of the Revised Code.	9035

(2) The secretary of state shall notify all libraries of the	9036
location on the internet at which the contribution and	9037
expenditure, contribution and disbursement, deposit and	9038
disbursement, gift and disbursement, or donation and disbursement	9039
information in campaign finance statements required to be made	9040
available online to the public through the internet pursuant to	9041
division (I) of this section may be accessed.	9042

If that location is part of the world wide web and if the	9043
secretary of state has notified a library of that world wide web	9044
location as required by this division, the library shall include a	9045
link to that world wide web location on each internet-connected	9046
computer it maintains that is accessible to the public.	9047

(3) If the system the secretary of state prescribes for the	9048
filing of campaign finance statements by electronic means of	9049
transmission pursuant to division (H)(1) of this section and	9050
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	9051
Code includes filing those statements through the internet via the	9052
world wide web, the secretary of state shall notify all libraries	9053
of the world wide web location at which those statements may be	9054
filed.	9055

If those statements may be filed through the internet via the	9056
world wide web and if the secretary of state has notified a	9057
library of that world wide web location as required by this	9058
division, the library shall include a link to that world wide web	9059
location on each internet-connected computer it maintains that is	9060
accessible to the public.	9061

(K) It is an affirmative defense to a complaint or charge	9062
brought against any campaign committee, political action	9063
committee, political contributing entity, legislative campaign	9064
fund, or political party, any individual, partnership, or other	9065
entity, any person making disbursements to pay the direct costs of	9066
producing or airing electioneering communications, or any	9067
treasurer of a transition fund, for the failure to file by	9068
electronic means of transmission a campaign finance statement as	9069
required by this section or section 3517.10, 3517.105, 3517.1011,	9070
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	9071
the following apply to the campaign committee, political action	9072
committee, political contributing entity, legislative campaign	9073
fund, or political party, the individual, partnership, or other	9074
entity, the person making disbursements to pay the direct costs of	9075
producing or airing electioneering communications, or the	9076
treasurer of a transition fund that failed to so file:	9077

(1) The campaign committee, political action committee,	9078
political contributing entity, legislative campaign fund, or	9079
political party, the individual, partnership, or other entity, the	9080
person making disbursements to pay the direct costs of producing	9081
or airing electioneering communications, or the treasurer of a	9082
transition fund attempted to file by electronic means of	9083
transmission the required statement prior to the deadline set	9084
forth in the applicable section.	9085

(2) The campaign committee, political action committee,	9086
political contributing entity, legislative campaign fund, or	9087
political party, the individual, partnership, or other entity, the	9088
person making disbursements to pay the direct costs of producing	9089
or airing electioneering communications, or the treasurer of a	9090
transition fund was unable to file by electronic means of	9091
transmission due to an expected or unexpected shutdown of the	9092
whole or part of the electronic campaign finance statement-filing	9093
system, such as for maintenance or because of hardware, software,	9094
or network connection failure.	9095

(3) The campaign committee, political action committee,	9096
political contributing entity, legislative campaign fund, or	9097
political party, the individual, partnership, or other entity, the	9098
person making disbursements to pay the direct costs of producing	9099
or airing electioneering communications, or the treasurer of a	9100
transition fund filed by electronic means of transmission the	9101
required statement within a reasonable period of time after being	9102
unable to so file it under the circumstance described in division	9103
(K)(2) of this section.	9104

(L)(1) The secretary of state shall adopt rules pursuant to	9105
Chapter 119. of the Revised Code to permit a campaign committee of	9106
a candidate for statewide office that makes expenditures of less	9107
than twenty-five thousand dollars during the filing period or a	9108
campaign committee for the office of member of the general	9109
assembly or the office of judge of a court of appeals that would	9110
otherwise be required to file campaign finance statements by	9111
electronic means of transmission under division (E) or (F) of this	9112
section to file those statements by paper with the office of the	9113
secretary of state. Those rules shall provide for all of the	9114
following:	9115

(a) An eligible campaign committee that wishes to file a	9116
campaign finance statement by paper instead of by electronic means	9117
of transmission shall file the statement on paper with the office	9118
of the secretary of state not sooner than twenty-four hours after	9119
the end of the filing period set forth in section 3517.10 of the	9120
Revised Code that is covered by the applicable statement.	9121

(b) The statement shall be accompanied by a fee, the amount	9122
of which the secretary of state shall determine by rule. The	9123
amount of the fee established under this division shall not exceed	9124
the data entry and data verification costs the secretary of state	9125
will incur to convert the information on the statement to an	9126
electronic format as required under division (I) of this section.	9127

(c) The secretary of state shall arrange for the information	9128
in campaign finance statements filed pursuant to division (L) of	9129
this section to be made available online to the public through the	9130
internet in the same manner, and at the same times, as information	9131
is made available under divisions (E), (F), and (I) of this	9132
section for candidates whose campaign committees file those	9133
statements by electronic means of transmission.	9134

(d) The candidate of an eligible campaign committee that	9135
intends to file a campaign finance statement pursuant to division	9136
(L) of this section shall file a notice indicating that the	9137
candidate's campaign committee intends to so file and stating that	9138
filing the statement by electronic means of transmission would	9139
constitute a hardship for the candidate or for the eligible	9140
campaign committee.	9141

(e) An eligible campaign committee that files a campaign	9142
finance statement on paper pursuant to division (L) of this	9143
section shall review the contribution and information made	9144
available online by the secretary of state with respect to that	9145
paper filing and shall notify the secretary of state of any errors	9146
with respect to that filing that appear in the data made available	9147
on that web site.	9148

(f) If an eligible campaign committee whose candidate has	9149
filed a notice in accordance with rules adopted under division	9150
(L)(1)(d) of this section subsequently fails to file that	9151
statement on paper by the applicable deadline established in rules	9152
adopted under division (L)(1)(a) of this section, penalties for	9153
the late filing of the campaign finance statement shall apply to	9154
that campaign committee for each day after that paper filing	9155
deadline, as if the campaign committee had filed the statement	9156
after the applicable deadline set forth in division (A) of section	9157
3517.10 of the Revised Code.	9158

(2) The process for permitting campaign committees that would	9159
otherwise be required to file campaign finance statements by	9160
electronic means of transmission to file those statements on paper	9161
with the office of the secretary of state that is required to be	9162
developed under division (L)(1) of this section shall be in effect	9163
and available for use by eligible campaign committees for all	9164
campaign finance statements that are required to be filed on or	9165
after June 30, 2005. Notwithstanding any provision of the Revised	9166
Code to the contrary, if the process the secretary of state is	9167
required to develop under division (L)(1) of this section is not	9168
in effect and available for use on and after June 30, 2005, all	9169
penalties for the failure of campaign committees to file campaign	9170
finance statements by electronic means of transmission shall be	9171
suspended until such time as that process is in effect and	9172
available for use.	9173

(3) Notwithstanding any provision of the Revised Code to the	9174
contrary, any eligible campaign committee that files campaign	9175
finance statements on paper with the office of the secretary of	9176
state pursuant to division (L)(1) of this section shall be deemed	9177
to have filed those campaign finance statements by electronic	9178
means of transmission to the office of the secretary of state.	9179

Sec. 3517.107. (A) As used in this section, "federal	9180
political committee" means a political committee, as defined in	9181
the Federal Election Campaign Act, that is registered with the	9182
federal election commission under that act.	9183

(B) Any federal political committee may make contributions,	9184
expenditures, or independent expenditures from its federal account	9185
in connection with any state or local election in Ohio. Prior to	9186
making any such contribution, expenditure, or independent	9187
expenditure, the federal political committee shall register with	9188
the secretary of state by filing a copy of its most recent federal	9189
statement of organization. A federal political committee	9190
registered with the secretary of state under this division shall	9191
file with the secretary of state any amendment to its statement of	9192
organization that is required under the Federal Election Campaign	9193
Act to be reported to the federal election commission.	9194

(C) When, during any federal reporting period under the	9195
Federal Election Campaign Act, a federal political committee makes	9196
a contribution, expenditure, or independent expenditure from its	9197
federal account in connection with a state or local election in	9198
Ohio, the committee shall file with the secretary of state not	9199
later than the date on which its report is required to be filed	9200
with the appropriate federal office or officer under the Federal	9201
Election Campaign Act, copies of the following pages from that	9202
report:	9203

(1) The summary page;

9204

(2) The detailed summary page;

9205

(3) The page or pages that contain an itemized list of the	9206
contributions, expenditures, and independent expenditures made in	9207
connection with state and local elections in Ohio.	9208

The total amount of contributions, expenditures, and	9209
independent expenditures made in connection with state and local	9210
elections in Ohio shall be reflected on the summary page or on a	9211
form that the secretary of state shall prescribe.	9212

(D) When, during any calendar year, a federal political	9213
committee makes a contribution from its federal account in	9214
connection with a state or local election in Ohio to a state or	9215
local political action committee that is required under section	9216
3517.11 of the Revised Code to file any statement prescribed by	9217
section 3517.10 of the Revised Code, and the federal political	9218
committee and state or local political action committee are	9219
established, financed, maintained, or controlled by the same	9220
corporation, organization, continuing association, or other	9221
person, including any parent, subsidiary, division, department, or	9222
unit of that corporation, organization, continuing association, or	9223
other person, the federal political committee shall file a	9224
statement with the secretary of state not later than the last	9225
business day of January of the next calendar year. The statement	9226
shall be on a form prescribed by the secretary of state and shall	9227
include a list of the names and addresses of contributors that are	9228
residents of Ohio that made contributions to the federal political	9229
committee during the calendar year covered by the statement and,	9230
for each name listed, the aggregate total amount contributed by	9231
each contributor during the reporting period.	9232

(E) The filing requirements of divisions (B) and (C) of this	9233
section shall not apply to the federal political committee of a	9234
member of, or a candidate to become a member of, the United States	9235
congress representing Ohio or any district in Ohio.	9236

Sec. 3517.1011. (A) As used in this section:

9237

(1) "Address" has the same meaning as in section 3517.10 of	9238
the Revised Code.	9239

(2) "Broadcast, cable, or satellite communication" means a	9240
communication that is publicly distributed by a television	9241
station, radio station, cable television system, or satellite	9242
system.	9243

(3) "Candidate" has the same meaning as in section 3501.01 of	9244
the Revised Code;.	9245

(4) "Contribution" means any loan, gift, deposit, forgiveness	9246
of indebtedness, donation, advance, payment, or transfer of funds	9247
or of anything of value, including a transfer of funds from an	9248
inter vivos or testamentary trust or decedent's estate, and the	9249
payment by any person other than the person to whom the services	9250
are rendered for the personal services of another person, that is	9251
made, received, or used to pay the direct costs of producing or	9252
airing electioneering communications.	9253

(5)(a) "Coordinated electioneering communication" means any	9254
electioneering communication that is made pursuant to any	9255
arrangement, coordination, or direction by a candidate or a	9256
candidate's campaign committee, by an officer, agent, employee, or	9257
consultant of a candidate or a candidate's campaign committee, or	9258
by a former officer, former agent, former employee, or former	9259
consultant of a candidate or a candidate's campaign committee	9260
prior to the airing, broadcasting, or cablecasting of the	9261
communication. An electioneering communication is presumed to be a	9262
"coordinated electioneering communication" when it is either of	9263
the following:	9264

(i) Based on information about a candidate's plans, projects,	9265
or needs provided to the person making the disbursement by the	9266
candidate or the candidate's campaign committee, by an officer,	9267
agent, employee, or consultant of the candidate or the candidate's	9268
campaign committee, or by a former officer, former agent, former	9269
employee, or former consultant of the candidate or the candidate's	9270
campaign committee, with a view toward having the communication	9271
made;	9272

(ii) Made by or through any person who is, or has been,	9273
authorized to raise or expend funds on behalf of a candidate or	9274
the candidate's campaign committee, who is, or has been, an	9275
officer, agent, employee, or consultant of the candidate or of the	9276
candidate's campaign committee, or who is, or has been, receiving	9277
any form of compensation or reimbursement from the candidate or	9278
the candidate's campaign committee or from an officer, agent,	9279
employee, or consultant of the candidate or of the candidate's	9280
campaign committee.	9281

(b) An electioneering communication shall not be presumed to	9282
be a "coordinated electioneering communication" under division	9283
(A)(5)(a)(ii) of this section if the communication is made through	9284
any person who provides a service that does not affect the content	9285
of the communication, such as communications placed through the	9286
efforts of a media buyer, unless that person also affects the	9287
content of the communication.	9288

(6) "Disclosure date" means both of the following:

9289

(a) The first date during any calendar year by which a person	9290
makes disbursements for the direct costs of producing or airing	9291
electioneering communications aggregating in excess of ten	9292
thousand dollars;	9293

(b) The same day of the week of each remaining week in the	9294
same calendar year as the day of the week of the initial	9295
disclosure date established under division (A)(6)(a) of this	9296
section, if, during that remaining week, the person makes	9297
disbursements for the direct costs of producing or airing	9298
electioneering communications aggregating in excess of one dollar.	9299

(7)(a) "Electioneering communication" means any broadcast,	9300
cable, or satellite communication that refers to a clearly	9301
identified candidate and that is made during either of the	9302
following periods of time:	9303

(i) If the person becomes a candidate before the day of the	9304
primary election at which candidates will be nominated for	9305
election to that office, between the date that the person becomes	9306
a candidate and the thirtieth day prior to that primary election,	9307
and between the date of the primary election and the thirtieth day	9308
prior to the general election at which a candidate will be elected	9309
to that office;	9310

(ii) If the person becomes a candidate after the day of the	9311
primary election at which candidates were nominated for election	9312
to that office, between the date of the primary election and the	9313
thirtieth day prior to the general election at which a candidate	9314
will be elected to that office.	9315

(b) "Electioneering communication" does not include any of	9316
the following:	9317

(i) A communication that is publicly disseminated through a	9318
means of communication other than a broadcast, cable, or satellite	9319
television or radio station. For example, "electioneering	9320
communication" does not include communications appearing in print	9321
media, including a newspaper or magazine, handbill, brochure,	9322
bumper sticker, yard sign, poster, billboard, and other written	9323
materials, including mailings; communications over the internet,	9324
including electronic mail; or telephone communications.	9325

(ii) A communication that appears in a news story,	9326
commentary, public service announcement, bona fide news	9327
programming, or editorial distributed through the facilities of	9328
any broadcast, cable, or satellite television or radio station,	9329
unless those facilities are owned or controlled by any political	9330
party, political committee, or candidate;	9331

(iii) A communication that constitutes an expenditure or an	9332
independent expenditure under section 3517.01 of the Revised Code;	9333

(iv) A communication that constitutes a candidate debate or	9334
forum or that solely promotes a candidate debate or forum and is	9335
made by or on behalf of the person sponsoring the debate or forum.	9336

(8) "Filing date" has the same meaning as in section 3517.109	9337
of the Revised Code.	9338

(9) "Immigration and Nationality Act" means the Immigration	9339
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	9340
as amended.	9341

(10) "Person" has the same meaning as in section 1.59 of the	9342
Revised Code and includes any political organization considered	9343
exempt from income taxation under section 527 of the Internal	9344
Revenue Code.	9345

(11) "Political committee" means any of the following:

9346

(a) Any committee, club, association, or other group of	9347
persons that receives contributions aggregating in excess of one	9348
thousand dollars during a calendar year or that makes expenditures	9349
aggregating in excess of one thousand dollars during a calendar	9350
year;	9351

(b) Any separate segregated fund;

9352

(c) Any state, county, or local committee of a political	9353
party that does any of the following:	9354

(i) Receives contributions aggregating in excess of five	9355
thousand dollars during a calendar year;	9356

(ii) Makes payments that do not constitute contributions or	9357
expenditures aggregating in excess of five thousand dollars during	9358
a calendar year;	9359

(iii) Makes contributions or expenditures aggregating in	9360
excess of one thousand dollars during a calendar year.	9361

(12) "Publicly distributed" means aired, broadcast,	9362
cablecast, or otherwise disseminated for a fee.	9363

(13) "Refers to a clearly identified candidate" means that	9364
the candidate's name, nickname, photograph, or drawing appears, or	9365
the identity of the candidate is otherwise apparent through an	9366
unambiguous reference to the person such as "the chief justice,"	9367
"the governor," "member of the Ohio senate," "member of the Ohio	9368
house of representatives," "county auditor," "mayor," or "township	9369
trustee" or through an unambiguous reference to the person's	9370
status as a candidate.	9371

(B) For the purposes of this section, a person shall be	9372
considered to have made a disbursement if the person has entered	9373
into a contract to make the disbursement.	9374

(C) Any person intending to make a disbursement or	9375
disbursements for the direct costs of producing or airing	9376
electioneering communications, prior to making the first	9377
disbursement for the direct costs of producing or airing an	9378
electioneering communication, shall file a notice with the office	9379
of the secretary of state that the person is intending to make	9380
such disbursements.	9381

(D)(1) Every person that makes a disbursement or	9382
disbursements for the direct costs of producing and airing	9383
electioneering communications aggregating in excess of ten	9384
thousand dollars during any calendar year shall file, within	9385
twenty-four hours of each disclosure date, a disclosure of	9386
electioneering communications statement containing the following	9387
information:	9388

(a) The full name and address of the person making the	9389
disbursement, of any person sharing or exercising direction or	9390
control over the activities of the person making the disbursement,	9391
and of the custodian of the books and accounts of the person	9392
making the disbursement;	9393

(b) The principal place of business of the person making the	9394
disbursement, if not an individual;	9395

(c) The amount of each disbursement of more than one dollar	9396
during the period covered by the statement and the identity of the	9397
person to whom the disbursement was made;	9398

(d) The nominations or elections to which the electioneering	9399
communications pertain and the names, if known, of the candidates	9400
identified or to be identified;	9401

(e) If the disbursements were paid out of a segregated bank	9402
account that consists of funds contributed solely by individuals	9403
who are United States citizens or nationals or lawfully admitted	9404
for permanent residence as defined in section 101(a)(20) of the	9405
Immigration and Nationality Act directly to the account for	9406
electioneering communications, the information specified in	9407
division (D)(2) of this section for all contributors who	9408
contributed an aggregate amount of two hundred dollars or more to	9409
the segregated bank account and whose contributions were used for	9410
making the disbursement or disbursements required to be reported	9411
under division (D) of this section during the period covered by	9412
the statement. Nothing in this division prohibits or shall be	9413
construed to prohibit the use of funds in such a segregated bank	9414
account for a purpose other than electioneering communications.	9415

(f) If the disbursements were paid out of funds not described	9416
in division (D)(1)(e) of this section, the information specified	9417
in division (D)(2) of this section for all contributors who	9418
contributed an aggregate amount of two hundred dollars or more to	9419
the person making the disbursement and whose contributions were	9420
used for making the disbursement or disbursements required to be	9421
reported under division (D) of this section during the period	9422
covered by the statement.	9423

(2) For each contributor for which information is required to	9424
be reported under division (D)(1)(e) or (f) of this section, all	9425
of the following shall be reported:	9426

(a) The month, day, and year that the contributor made the	9427
contribution or contributions aggregating two hundred dollars or	9428
more;	9429

(b)(i) The full name and address of the contributor, and, if	9430
the contributor is a political action committee, the registration	9431
number assigned to the political action committee under division	9432
(D)(1) of section 3517.10 of the Revised Code;	9433

(ii) If the contributor is an individual, the name of the	9434
individual's current employer, if any, or, if the individual is	9435
self-employed, the individual's occupation and the name of the	9436
individual's business, if any;	9437

(iii) If the contribution is transmitted pursuant to section	9438
3599.031 of the Revised Code from amounts deducted from the wages	9439
and salaries of two or more employees that exceed in the aggregate	9440
one hundred dollars during the period specified in division	9441
(D)(1)(e) or (f) of this section, as applicable, the full name of	9442
the employees' employer and the full name of the labor	9443
organization of which the employees are members, if any.	9444

9445

(d) The value in dollars and cents of the contribution.

9446

(3) Subject to the secretary of state having implemented,	9447
tested, and verified the successful operation of any system the	9448
secretary of state prescribes pursuant to divisions (C)(6)(b) and	9449
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	9450
of the Revised Code for the filing of campaign finance statements	9451
by electronic means of transmission, a person shall file the	9452
disclosure of electioneering communications statement prescribed	9453
under divisions (D)(1) and (2) of this section by electronic means	9454
of transmission to the office of the secretary of state.	9455

Within five business days after the secretary of state	9456
receives a disclosure of electioneering communications statement	9457
under this division, the secretary of state shall make available	9458
online to the public through the internet, as provided in division	9459
(I) of section 3517.106 of the Revised Code, the contribution and	9460
disbursement information in that statement.	9461

If a filed disclosure of electioneering communications	9462
statement is found to be incomplete or inaccurate after its	9463
examination for completeness and accuracy pursuant to division	9464
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	9465
file by electronic means of transmission to the office of the	9466
secretary of state any addendum, amendment, or other correction to	9467
the statement that provides the information necessary to complete	9468
or correct the statement or, if required by the secretary of state	9469
under that division, an amended statement.	9470

Within five business days after the secretary of state	9471
receives an addendum, amendment, or other correction to a	9472
disclosure of electioneering communications statement or an	9473
amended statement by electronic means of transmission under this	9474
division or division (B)(3)(a) of section 3517.11 of the Revised	9475
Code, the secretary of state shall make the contribution and	9476
disbursement information in the addendum, amendment, or other	9477
correction to the statement or amended statement available online	9478
to the public through the internet as provided in division (I) of	9479
section 3517.106 of the Revised Code.	9480

(E)(1) Any person who makes a contribution for the purpose of	9481
funding the direct costs of producing or airing an electioneering	9482
communication under this section shall provide the person's full	9483
name and address to the recipient of the contribution at the time	9484
the contribution is made.	9485

(2) Any individual who makes a contribution or contributions	9486
aggregating two hundred dollars or more for the purpose of funding	9487
the direct costs of producing or airing an electioneering	9488
communication under this section shall provide the name of the	9489
individual's current employer, if any, or, if the individual is	9490
self-employed, the individual's occupation and the name of the	9491
individual's business, if any, to the recipient of the	9492
contribution at the time the contribution is made.	9493

(F) In each electioneering communication, a statement shall	9494
appear or be presented in a clear and conspicuous manner that does	9495
both of the following:	9496

(1) Clearly indicates that the electioneering communication	9497
is not authorized by the candidate or the candidate's campaign	9498
committee;	9499

(2) Clearly identifies the person making the disbursement for	9500
the electioneering communication in accordance with section	9501
3517.20 of the Revised Code.	9502

(G) Any coordinated electioneering communication is an	9503
in-kind contribution, subject to the applicable contribution	9504
limits prescribed in section 3517.102 of the Revised Code, to the	9505
candidate by the person making disbursements to pay the direct	9506
costs of producing or airing the communication.	9507

~~(H) No person shall make, during the thirty days preceding a~~	9508
~~primary election or during the thirty days preceding a general~~	9509
~~election, any broadcast, cable, or satellite communication that~~	9510
~~refers to a clearly identified candidate using any contributions~~	9511
~~received from a corporation or labor organization.~~	9512

Sec. 3517.11. (A)(1) Campaign committees of candidates for	9513
statewide office or the state board of education, political action	9514
committees or political contributing entities that make	9515
contributions to campaign committees of candidates that are	9516
required to file the statements prescribed by section 3517.10 of	9517
the Revised Code with the secretary of state, political action	9518
committees or political contributing entities that make	9519
contributions to campaign committees of candidates for member of	9520
the general assembly, political action committees or political	9521
contributing entities that make contributions to state and	9522
national political parties and to legislative campaign funds,	9523
political action committees or political contributing entities	9524
that receive contributions or make expenditures in connection with	9525
a statewide ballot issue, political action committees or political	9526
contributing entities that make contributions to other political	9527
action committees or political contributing entities, political	9528
parties, and campaign committees, except as set forth in division	9529
(A)(3) of this section, legislative campaign funds, and state and	9530
national political parties shall file the statements prescribed by	9531
section 3517.10 of the Revised Code with the secretary of state.	9532

(2)(a) Except as otherwise provided in division (F) of	9533
section 3517.106 of the Revised Code, campaign committees of	9534
candidates for all other offices shall file the statements	9535
prescribed by section 3517.10 of the Revised Code with the board	9536
of elections where their candidates are required to file their	9537
petitions or other papers for nomination or election.	9538

(b) A campaign committee of a candidate for office of member	9539
of the general assembly or a campaign committee of a candidate for	9540
the office of judge of a court of appeals shall file two copies of	9541
the printed version of any statement, addendum, or amended	9542
statement if the committee does not file pursuant to division	9543
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	9544
printed version only with the appropriate board of elections. The	9545
board of elections shall send one of those copies by ~~certified~~	9546
mail or an electronic copy to the secretary of state before the	9547
close of business on the day the board of elections receives the	9548
statement, addendum, or amended statement.	9549

(3) Political action committees or political contributing	9550
entities that only contribute to a county political party,	9551
contribute to campaign committees of candidates whose nomination	9552
or election is to be submitted only to electors within a county,	9553
subdivision, or district, excluding candidates for member of the	9554
general assembly, and receive contributions or make expenditures	9555
in connection with ballot questions or issues to be submitted only	9556
to electors within a county, subdivision, or district shall file	9557
the statements prescribed by section 3517.10 of the Revised Code	9558
with the board of elections in that county or in the county	9559
contained in whole or part within the subdivision or district	9560
having a population greater than that of any other county	9561
contained in whole or part within that subdivision or district, as	9562
the case may be.	9563

(4) Except as otherwise provided in division (E)(3) of	9564
section 3517.106 of the Revised Code with respect to state	9565
candidate funds, county political parties shall file the	9566
statements prescribed by section 3517.10 of the Revised Code with	9567
the board of elections of their respective counties.	9568

(B)(1) The official with whom petitions and other papers for	9569
nomination or election to public office are filed shall furnish	9570
each candidate at the time of that filing a copy of sections	9571
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	9572
3599.031 of the Revised Code and any other materials that the	9573
secretary of state may require. Each candidate receiving the	9574
materials shall acknowledge their receipt in writing.	9575

(2) On or before the tenth day before the dates on which	9576
statements are required to be filed by section 3517.10 of the	9577
Revised Code, every candidate subject to the provisions of this	9578
section and sections 3517.10 and 3517.106 of the Revised Code	9579
shall be notified of the requirements and applicable penalties of	9580
those sections. The secretary of state, by certified mail, return	9581
receipt requested, shall notify all candidates required to file	9582
those statements with the secretary of state's office. The board	9583
of elections of every county shall notify by first class mail any	9584
candidate who has personally appeared at the office of the board	9585
on or before the tenth day before the statements are required to	9586
be filed and signed a form, to be provided by the secretary of	9587
state, attesting that the candidate has been notified of the	9588
candidate's obligations under the campaign finance law. The board	9589
shall forward the completed form to the secretary of state. The	9590
board shall use certified mail, return receipt requested, to	9591
notify all other candidates required to file those statements with	9592
it.	9593

(3)(a) Any statement required to be filed under sections	9594
3517.081 to 3517.17 of the Revised Code that is found to be	9595
incomplete or inaccurate by the officer to whom it is submitted	9596
shall be accepted on a conditional basis, and the person who filed	9597
it shall be notified by certified mail as to the incomplete or	9598
inaccurate nature of the statement. The secretary of state may	9599
examine statements filed for candidates for the office of member	9600
of the general assembly and candidates for the office of judge of	9601
a court of appeals for completeness and accuracy. The secretary of	9602
state shall examine for completeness and accuracy statements that	9603
campaign committees of candidates for the office of member of the	9604
general assembly and campaign committees of candidates for the	9605
office of judge of a court of appeals file pursuant to division	9606
(F) or (L) of section 3517.106 of the Revised Code. If an officer	9607
at the board of elections where a statement filed for a candidate	9608
for the office of member of the general assembly or for a	9609
candidate for the office of judge of a court of appeals was	9610
submitted finds the statement to be incomplete or inaccurate, the	9611
officer shall immediately notify the secretary of state of its	9612
incomplete or inaccurate nature. If either an officer at the board	9613
of elections or the secretary of state finds a statement filed for	9614
a candidate for the office of member of the general assembly or	9615
for a candidate for the office of judge of a court of appeals to	9616
be incomplete or inaccurate, only the secretary of state shall	9617
send the notification as to the incomplete or inaccurate nature of	9618
the statement.	9619

Within twenty-one days after receipt of the notice, in the	9620
case of a pre-election statement, a postelection statement, a	9621
monthly statement, an annual statement, or a semiannual statement	9622
prescribed by section 3517.10, an annual statement prescribed by	9623
section 3517.101, or a statement prescribed by division (B)(2)(b)	9624
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	9625
Revised Code, the recipient shall file an addendum, amendment, or	9626
other correction to the statement providing the information	9627
necessary to complete or correct the statement. The secretary of	9628
state may require that, in lieu of filing an addendum, amendment,	9629
or other correction to a statement that is filed by electronic	9630
means of transmission to the office of the secretary of state	9631
pursuant to section 3517.106 of the Revised Code, the recipient of	9632
the notice described in this division file by electronic means of	9633
transmission an amended statement that incorporates the	9634
information necessary to complete or correct the statement.	9635

The secretary of state shall determine by rule when an	9636
addendum, amendment, or other correction to any of the following	9637
or when an amended statement of any of the following shall be	9638
filed:	9639

(i) A two-business-day statement prescribed by section	9640
3517.10 of the Revised Code;	9641

(ii) A disclosure of electioneering communications statement	9642
prescribed by division (D) of section 3517.1011 of the Revised	9643
Code;	9644

(iii) A deposit and disbursement statement prescribed under	9645
division (B) of section 3517.1012 of the Revised Code;	9646

(iv) A gift and disbursement statement prescribed under	9647
section 3517.1013 of the Revised Code;	9648

(v) A donation and disbursement statement prescribed under	9649
section 3517.1014 of the Revised Code.	9650

An addendum, amendment, or other correction to a statement	9651
that is filed by electronic means of transmission pursuant to	9652
section 3517.106 of the Revised Code shall be filed in the same	9653
manner as the statement.	9654

The provisions of sections 3517.10, 3517.106, 3517.1011,	9655
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	9656
to the filing of statements of contributions and expenditures,	9657
statements of independent expenditures, disclosure of	9658
electioneering communications statements, deposit and disbursement	9659
statements, gift and disbursement statements, and donation and	9660
disbursement statements by electronic means of transmission apply	9661
to the filing of addenda, amendments, or other corrections to	9662
those statements by electronic means of transmission and the	9663
filing of amended statements by electronic means of transmission.	9664

(b) Within five business days after the secretary of state	9665
receives, by electronic or other means of transmission, an	9666
addendum, amendment, or other correction to a statement or an	9667
amended statement under division (B)(3)(a) of this section, the	9668
secretary of state, pursuant to divisions (E), (F), (G), and (I)	9669
of section 3517.106 or division (D) of section 3517.1011 of the	9670
Revised Code, shall make the contribution and expenditure,	9671
contribution and disbursement, deposit and disbursement, gift and	9672
disbursement, or donation and disbursement information in that	9673
addendum, amendment, correction, or amended statement available	9674
online to the public through the internet.	9675

(4)(a) The secretary of state or the board of elections shall	9676
examine all statements for compliance with sections 3517.08 to	9677
3517.17 of the Revised Code.	9678

(b) The secretary of state may contract with an individual or	9679
entity not associated with the secretary of state and experienced	9680
in interpreting the campaign finance law of this state to conduct	9681
examinations of statements filed by any statewide candidate, as	9682
defined in section 3517.103 of the Revised Code.	9683

(c) The examination shall be conducted by a person or entity	9684
qualified to conduct it. The results of the examination shall be	9685
available to the public, and, when the examination is conducted by	9686
an individual or entity not associated with the secretary of	9687
state, the results of the examination shall be reported to the	9688
secretary of state.	9689

(C)(1) In the event of a failure to file or a late filing of	9690
a statement required to be filed under sections 3517.081 to	9691
3517.17 of the Revised Code, or if a filed statement or any	9692
addendum, amendment, or other correction to a statement or any	9693
amended statement, if an addendum, amendment, or other correction	9694
or an amended statement is required to be filed, is incomplete or	9695
inaccurate or appears to disclose a failure to comply with or a	9696
violation of law, the official whose duty it is to examine the	9697
statement shall promptly file a complaint with the Ohio elections	9698
commission under section 3517.153 of the Revised Code if the law	9699
is one over which the commission has jurisdiction to hear	9700
complaints, or the official shall promptly report the failure or	9701
violation to the board of elections and the board shall promptly	9702
report it to the prosecuting attorney in accordance with division	9703
(J) of section 3501.11 of the Revised Code. If the official files	9704
a complaint with the commission, the commission shall proceed in	9705
accordance with sections 3517.154 to 3517.157 of the Revised Code.	9706

(2) For purposes of division (C)(1) of this section, a	9707
statement or an addendum, amendment, or other correction to a	9708
statement or an amended statement required to be filed under	9709
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	9710
inaccurate under this section if the statement, addendum,	9711
amendment, other correction, or amended statement fails to	9712
disclose substantially all contributions, gifts, or donations that	9713
are received or deposits that are made that are required to be	9714
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	9715
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	9716
statement, addendum, amendment, other correction, or amended	9717
statement fails to disclose at least ninety per cent of the total	9718
contributions, gifts, or donations received or deposits made or of	9719
the total expenditures or disbursements made during the reporting	9720
period.	9721

(D) No certificate of nomination or election shall be issued	9722
to a person, and no person elected to an office shall enter upon	9723
the performance of the duties of that office, until that person or	9724
that person's campaign committee, as appropriate, has fully	9725
complied with this section and sections 3517.08, 3517.081,	9726
3517.10, and 3517.13 of the Revised Code.	9727

Sec. 3517.153. (A) Upon the filing of a complaint with the	9728
Ohio elections commission, which shall be made by affidavit of any	9729
person, on personal knowledge, and subject to the penalties for	9730
perjury, or upon the filing of a complaint made by the secretary	9731
of state or an official at the board of elections, setting forth a	9732
failure to comply with or a violation of any provision in sections	9733
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,	9734
or 3599.031 of the Revised Code, the commission shall proceed in	9735
accordance with sections 3517.154 to 3517.157 of the Revised Code.	9736

(B) The commission shall prescribe the form for complaints	9737
made under division (A) of this section. The secretary of state	9738
and boards of elections shall furnish the information that the	9739
commission requests. The commission or a member of the commission	9740
may administer oaths, and the commission may issue subpoenas to	9741
any person in the state compelling the attendance of witnesses and	9742
the production of relevant papers, books, accounts, and reports.	9743
Section 101.42 of the Revised Code governs the issuance of	9744
subpoenas insofar as applicable. Upon the refusal of any person to	9745
obey a subpoena or to be sworn or to answer as a witness, the	9746
commission may apply to the court of common pleas of Franklin	9747
county under section 2705.03 of the Revised Code. The court shall	9748
hold proceedings in accordance with Chapter 2705. of the Revised	9749
Code.	9750

(C) No prosecution shall commence for a violation of a	9751
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,	9752
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code	9753
unless a complaint has been filed with the commission under this	9754
section and all proceedings of the commission or a panel of the	9755
commission, as appropriate, under sections 3517.154 to 3517.157 of	9756
the Revised Code are completed.	9757

(D) The commission may recommend legislation and render	9758
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,	9759
3517.102, ~~3517.103,~~ 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20	9760
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons	9761
over whose acts it has or may have jurisdiction. When the	9762
commission renders an advisory opinion relating to a specific set	9763
of circumstances involving any of those sections stating that	9764
there is no violation of a provision in those sections, the person	9765
to whom the opinion is directed or a person who is similarly	9766
situated may reasonably rely on the opinion and is immune from	9767
criminal prosecution and a civil action, including, without	9768
limitation, a civil action for removal from public office or	9769
employment, based on facts and circumstances covered by the	9770
opinion.	9771

(E) The commission shall establish a web site on which it	9772
shall post, at a minimum, all decisions and advisory opinions	9773
issued by the commission and copies of each election law as it is	9774
amended by the general assembly. The commission shall update the	9775
web site regularly to reflect any changes to those decisions and	9776
advisory opinions and any new decisions and advisory opinions.	9777

Sec. 3517.154. (A)(1) The full-time attorney for the Ohio	9778
elections commission shall review each complaint filed with the	9779
commission under section 3517.153 of the Revised Code, shall	9780
determine the nature of the complaint, and, unless division	9781
(A)(2)(a) of this section requires that the complaint receive an	9782
automatic expedited hearing, shall make a recommendation to the	9783
commission for its disposition, in accordance with this section.	9784
The attorney shall make the determination and the recommendation,	9785
if required, not later than one business day after the complaint	9786
is filed.	9787

(2)(a) If the attorney determines that the complaint sets	9788
forth a violation of division (B) of section 3517.21 or division	9789
(B) of section 3517.22 of the Revised Code and that the complaint	9790
is filed during one of the periods of time specified in division	9791
(B)(1) of section 3517.156 of the Revised Code, ~~or that the~~	9792
~~complaint sets forth a violation of section 3517.103 of the~~	9793
~~Revised Code or a violation described in division (D) of section~~	9794
~~3517.1010 of the Revised Code,~~ the complaint shall receive an	9795
automatic expedited hearing under section 3517.156 of the Revised	9796
Code.	9797

(b) If the attorney determines that the complaint sets forth	9798
a failure to comply with or a violation of division (G), (I), (J),	9799
(O), (P), or (Q) of section 3517.13, division (A) of section	9800
3517.21, or division (A) of section 3517.22 of the Revised Code	9801
and that the complaint is filed during one of the periods of time	9802
specified in division (B)(1) of section 3517.156 of the Revised	9803
Code, the attorney shall recommend to the commission that the	9804
complaint receive an expedited hearing under section 3517.156 of	9805
the Revised Code, and the complaint shall receive such a hearing.	9806

(c) If the attorney determines that the complaint sets forth	9807
a failure to comply with or a violation of a section of the	9808
Revised Code over which the commission has jurisdiction to hear	9809
complaints other than the sections described in divisions	9810
(A)(2)(a) and (b) of this section, and unless the attorney makes a	9811
determination as provided for in division (A)(3) of this section,	9812
the attorney shall recommend to the commission that the complaint	9813
be submitted to the commission under section 3517.155 of the	9814
Revised Code. After the attorney makes that recommendation, the	9815
attorney shall notify all parties to the complaint of the	9816
attorney's recommendation.	9817

(3)(a) If a complaint sets forth a failure to comply with or	9818
a violation of a section of the Revised Code over which the	9819
commission has jurisdiction to hear complaints other than the	9820
sections described in divisions (A)(2)(a) and (b) of this section	9821
and if the complaint is filed during one of the periods of time	9822
specified in division (B)(1) of section 3517.156 of the Revised	9823
Code, the attorney may determine that the complaint should receive	9824
an expedited hearing under that section. The attorney shall make	9825
that determination by considering one or more of the following:	9826

(i) The number of prior failures to comply with or violations	9827
of Title XXXV of the Revised Code that the person or entity	9828
against whom the complaint has been brought has committed and any	9829
prior penalties the commission has imposed on the person or	9830
entity;	9831

(ii) If the complaint involves a statement required to be	9832
filed under section 3517.10, division (E) of section 3517.102, or	9833
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9834
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an	9835
addendum required to be filed under section 3517.11 of the Revised	9836
Code that is filed late, how late the filing is and how much time	9837
has elapsed between the deadline for filing the statement or	9838
addendum and the filing of the complaint;	9839

(iii) If the complaint involves contributions and	9840
expenditures, contributions and disbursements, deposits and	9841
disbursements, gifts and disbursements, or donations and	9842
disbursements required to be reported under section 3517.10,	9843
division (E) of section 3517.102, or section 3517.105, 3517.107,	9844
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014	9845
of the Revised Code that are either not reported or reported late,	9846
the number of contributions and expenditures, contributions and	9847
disbursements, deposits and disbursements, gifts and	9848
disbursements, or donations and disbursements not reported or how	9849
late they were reported;	9850

(iv) If the complaint involves contributions required to be	9851
reported by a campaign committee under section 3517.10, division	9852
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,	9853
or 3517.109 of the Revised Code that are not reported, whether any	9854
of the contributors of the contributions not reported have a	9855
personal or professional relationship with the campaign	9856
committee's candidate;	9857

(v) If the complaint involves a statement required to be	9858
filed under section 3517.10, division (E) of section 3517.102, or	9859
section ~~3517.103,~~ 3517.105, 3517.107, 3517.108, 3517.109,	9860
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	9861
that is incomplete, the degree to which it is incomplete;	9862

(vi) If the complaint involves the receipt of contributions	9863
in violation of section 3599.03 of the Revised Code, the dollar	9864
amount and number of contributions received in violation of that	9865
section;	9866

(vii) If the complaint involves a failure to make the	9867
identification or a misstatement of the identification required	9868
under section 3517.105 or 3517.20 of the Revised Code, whether the	9869
failure or misstatement was purposely made;	9870

(viii) If the complaint sets forth a failure to comply with	9871
or a violation of a section of the Revised Code described in	9872
division (A)(2)(c) of this section, whether the person or entity	9873
against whom the complaint has been made has committed more than	9874
one such failure or violation within a reasonable amount of time,	9875
or whether the cumulative nature of the failures or violations	9876
indicates a systematic disregard for the law.	9877

(b) Prior to making a determination under division (A)(3)(a)	9878
of this section that the complaint should receive an expedited	9879
hearing under section 3517.156 of the Revised Code, the attorney	9880
shall take into consideration the number of panels of the	9881
commission that have cases pending before them and the number of	9882
cases pending before the panels and shall not make a determination	9883
that will place an undue burden on a panel of the commission.	9884

(c) If the attorney determines that the complaint should	9885
receive an expedited hearing under section 3517.156 of the Revised	9886
Code, the attorney shall recommend to the commission that the	9887
complaint receive an expedited hearing, and, if a majority of the	9888
members of the commission agrees with the recommendation, the	9889
complaint shall receive an expedited hearing under that section.	9890

(4) The attorney may join two or more complaints if the	9891
attorney determines that the allegations in each complaint are of	9892
the same or similar character, are based on the same act or	9893
failure to act, or are based on two or more acts or failures to	9894
act constituting parts of a common scheme or plan. If one	9895
complaint contains two or more allegations, the attorney may	9896
separate the allegations if they are not of the same or similar	9897
character, if they are not based on the same act or failure to	9898
act, or if they are not based on two or more acts or failures to	9899
act constituting parts of a common scheme or plan. If the attorney	9900
separates the allegations in a complaint, the attorney may make	9901
separate recommendations under division (A)(2) or (3) of this	9902
section for each allegation.	9903

(B) Whenever a person or other entity files a complaint with	9904
the commission setting forth a failure to comply with or a	9905
violation of a section of the Revised Code as described in	9906
division (A)(2)(c) of this section and the complaint is filed	9907
during one of the periods of time specified in division (B)(1) of	9908
section 3517.156 of the Revised Code, the person or entity may	9909
request an expedited hearing under that section at the time the	9910
complaint is filed. The attorney for the commission shall inform	9911
the members of the commission of that request at the time the	9912
attorney makes a recommendation under division (A) of this	9913
section. The commission may grant the request for an expedited	9914
hearing under this division if it determines that an expedited	9915
hearing is practicable.	9916

Sec. 3517.155. (A)(1) Except as otherwise provided in	9917
division (B) of this section, the Ohio elections commission shall	9918
hold its first hearing on a complaint filed with it, other than a	9919
complaint that receives an expedited hearing under section	9920
3517.156 of the Revised Code, not later than ninety business days	9921
after the complaint is filed unless the commission has good cause	9922
to hold the hearing after that time, in which case it shall hold	9923
the hearing not later than one hundred eighty business days after	9924
the complaint is filed. At the hearing, the commission shall	9925
determine whether or not the failure to act or the violation	9926
alleged in the complaint has occurred and shall do only one of the	9927
following, except as otherwise provided in division (B) of this	9928
section or in division (B) of section 3517.151 of the Revised	9929
Code:	9930

(a) Enter a finding that good cause has been shown not to	9931
impose a fine or not to refer the matter to the appropriate	9932
prosecutor;	9933

(b) Impose a fine under section 3517.993 of the Revised Code;

9934

9935

~~(d) Direct the secretary of state or appropriate board of~~	9936
~~elections with the authority to certify a candidate to the ballot~~	9937
~~to remove a candidate's name from the ballot if the candidate is~~	9938
~~barred from the ballot under division (D) of section 3517.1010 of~~	9939
~~the Revised Code~~.	9940

(2) As used in division (A) of this section, "appropriate	9941
prosecutor" means a prosecutor as defined in section 2935.01 of	9942
the Revised Code and either of the following:	9943

(a) In the case of a failure to comply with or a violation of	9944
law involving a campaign committee or the committee's candidate, a	9945
political party, a legislative campaign fund, a political action	9946
committee, or a political contributing entity, that is required to	9947
file a statement of contributions and expenditures with the	9948
secretary of state under division (A) of section 3517.11 of the	9949
Revised Code, the prosecutor of Franklin county;	9950

(b) In the case of a failure to comply with or a violation of	9951
law involving any other campaign committee or committee's	9952
candidate, or any other political party, political action	9953
committee, or political contributing entity either of the	9954
following as determined by the commission:	9955

(i) The prosecutor of Franklin county;

9956

(ii) The prosecutor of the county in which the candidacy or	9957
ballot question or issue is submitted to the electors or, if it is	9958
submitted in more than one county, the most populous of those	9959
counties.	9960

(B) If the commission decides that the evidence is	9961
insufficient for it to determine whether or not the failure to act	9962
or the violation alleged in the complaint has occurred, the	9963
commission, by the affirmative vote of five members, may request	9964
that an investigatory attorney investigate the complaint. Upon	9965
that request, an investigatory attorney shall make an	9966
investigation in order to produce sufficient evidence for the	9967
commission to decide the matter. If the commission requests an	9968
investigation under this division, for good cause shown by the	9969
investigatory attorney, the commission may extend by sixty days	9970
the deadline for holding its first hearing on the complaint as	9971
required in division (A) of this section.	9972

(C) The commission shall take one of the actions required	9973
under division (A) of this section not later than thirty days	9974
after the close of all the evidence presented.	9975

(D)(1) The commission shall make any finding of a failure to	9976
comply with or a violation of law in regard to a complaint that	9977
alleges a violation of ~~division (D) of section 3517.1010,~~ division	9978
(A) or (B) of section 3517.21, or division (A) or (B) of section	9979
3517.22 of the Revised Code by clear and convincing evidence. The	9980
commission shall make any finding of a failure to comply with or a	9981
violation of law in regard to any other complaint by a	9982
preponderance of the evidence.	9983

(2) If the commission finds a violation of division (B) of	9984
section 3517.21 or division (B) of section 3517.22 of the Revised	9985
Code, it shall refer the matter to the appropriate prosecutor	9986
under division (A)(1)(c) of this section and shall not impose a	9987
fine under division (A)(1)(b) of this section or section 3517.993	9988
of the Revised Code.	9989

(E) In an action before the commission or a panel of the	9990
commission, if the allegations of the complainant are not proved,	9991
and the commission takes the action described in division	9992
(A)(1)(a) of this section or a panel of the commission takes the	9993
action described in division (C)(1) of section 3517.156 of the	9994
Revised Code, the commission or a panel of the commission may find	9995
that the complaint is frivolous, and, if the commission or panel	9996
so finds, the commission shall order the complainant to pay	9997
reasonable attorney's fees and to pay the costs of the commission	9998
or panel as determined by a majority of the members of the	9999
commission. The costs paid to the commission or panel under this	10000
division shall be deposited into the Ohio elections commission	10001
fund.	10002

Sec. 3517.211. (A) No elected official of a county, township,	10003
municipal corporation, board of education, governing board of an	10004
educational service center, or other local political subdivision	10005
shall, during the ninety days before that elected official's name	10006
appears on the ballot at an election, produce or disseminate any	10007
mass mailing or any form of advertising mailed from the official's	10008
office or advertised in a periodical, on radio, internet, on	10009
television, or through another similar medium that includes the	10010
name or photograph of the elected official. A document or any form	10011
of advertising produced or disseminated during the ninety-day	10012
restricted period may include the name of the office the official	10013
holds, but shall not include the name or photograph of the	10014
official.	10015

(B) No violation of division (A) of this section occurs, and	10016
no fine shall be imposed under section 3517.992 of the Revised	10017
Code, if an elected official who is subject to the provisions of	10018
division (A) of this section sends out daily and regular office	10019
correspondence from the official's actual office or associated	10020
with the duties of that public office, and not including any other	10021
board or commission that the elected official serves on, in the	10022
ordinary course of business that is issued on a regular schedule	10023
throughout each year and directly necessary for the conduct of	10024
business by the office, such as tax bills, and that normal	10025
correspondence is sent during the ninety days before the date of	10026
any election at which the elected official's name will appear on	10027
the ballot.	10028

Sec. 3517.992. This section establishes penalties only with	10029
respect to acts or failures to act that occur on and after August	10030
24, 1995.	10031

(A)(1) A candidate whose campaign committee violates division	10032
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	10033
or a treasurer of a campaign committee who violates any of those	10034
divisions, shall be fined not more than one hundred dollars for	10035
each day of violation.	10036

(2) Whoever violates division (E) or (X)(5) of section	10037
3517.13 or division (E)(1) of section 3517.1014 of the Revised	10038
Code shall be fined not more than one hundred dollars for each day	10039
of violation.	10040

(B) A political party that violates division (F)(1) of	10041
section 3517.101 of the Revised Code shall be fined not more than	10042
one hundred dollars for each day of violation.	10043

(C) Whoever violates division (F)(2) of section 3517.101,	10044
division (G) of section 3517.13, or division (E)(2) or (3) of	10045
section 3517.1014 of the Revised Code shall be fined not more than	10046
ten thousand dollars or, if the offender is a person who was	10047
nominated or elected to public office, shall forfeit the	10048
nomination or the office to which the offender was elected, or	10049
both.	10050

(D) Whoever violates division (F) of section 3517.13 of the	10051
Revised Code shall be fined not more than three times the amount	10052
contributed.	10053

(E) Whoever violates division (H) of section 3517.13 of the	10054
Revised Code shall be fined not more than one hundred dollars.	10055

(F) Whoever violates division (O), (P), or (Q) of section	10056
3517.13 of the Revised Code is guilty of a misdemeanor of the	10057
first degree.	10058

(G) A state or county committee of a political party that	10059
violates division (B)(1) of section 3517.18 of the Revised Code	10060
shall be fined not more than twice the amount of the improper	10061
expenditure.	10062

(H) A state or county political party that violates division	10063
(G) of section 3517.101 of the Revised Code shall be fined not	10064
more than twice the amount of the improper expenditure or use.	10065

(I)(1) Any individual who violates division (B)(1) of section	10066
3517.102 of the Revised Code and knows that the contribution the	10067
individual makes violates that division shall be fined an amount	10068
equal to three times the amount contributed in excess of the	10069
amount permitted by that division.	10070

(2) Any political action committee that violates division	10071
(B)(2) of section 3517.102 of the Revised Code shall be fined an	10072
amount equal to three times the amount contributed in excess of	10073
the amount permitted by that division.	10074

(3) Any campaign committee that violates division (B)(3) or	10075
(5) of section 3517.102 of the Revised Code shall be fined an	10076
amount equal to three times the amount contributed in excess of	10077
the amount permitted by that division.	10078

(4)(a) Any legislative campaign fund that violates division	10079
(B)(6) of section 3517.102 of the Revised Code shall be fined an	10080
amount equal to three times the amount transferred or contributed	10081
in excess of the amount permitted by that division, as applicable.	10082

(b) Any state political party, county political party, or	10083
state candidate fund of a state political party or county	10084
political party that violates division (B)(6) of section 3517.102	10085
of the Revised Code shall be fined an amount equal to three times	10086
the amount transferred or contributed in excess of the amount	10087
permitted by that division, as applicable.	10088

(c) Any political contributing entity that violates division	10089
(B)(7) of section 3517.102 of the Revised Code shall be fined an	10090
amount equal to three times the amount contributed in excess of	10091
the amount permitted by that division.	10092

(5) Any political party that violates division (B)(4) of	10093
section 3517.102 of the Revised Code shall be fined an amount	10094
equal to three times the amount contributed in excess of the	10095
amount permitted by that division.	10096

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	10097
of this section, no violation of division (B) of section 3517.102	10098
of the Revised Code occurs, and the secretary of state shall not	10099
refer parties to the Ohio elections commission, if the amount	10100
transferred or contributed in excess of the amount permitted by	10101
that division meets either of the following conditions:	10102

(a) It is completely refunded within five business days after	10103
it is accepted.	10104

(b) It is completely refunded on or before the tenth business	10105
day after notification to the recipient of the excess transfer or	10106
contribution by the board of elections or the secretary of state	10107
that a transfer or contribution in excess of the permitted amount	10108
has been received.	10109

(J)(1) Any campaign committee that violates division (C)(1),	10110
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	10111
fined an amount equal to three times the amount accepted in excess	10112
of the amount permitted by that division.	10113

(2)(a) Any county political party that violates division	10114
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	10115
shall be fined an amount equal to three times the amount accepted.	10116

(b) Any county political party that violates division	10117
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	10118
fined an amount from its state candidate fund equal to three times	10119
the amount accepted in excess of the amount permitted by that	10120
division.	10121

(c) Any state political party that violates division	10122
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	10123
an amount from its state candidate fund equal to three times the	10124
amount accepted in excess of the amount permitted by that	10125
division.	10126

(3) Any legislative campaign fund that violates division	10127
(C)(5) of section 3517.102 of the Revised Code shall be fined an	10128
amount equal to three times the amount accepted in excess of the	10129
amount permitted by that division.	10130

(4) Any political action committee or political contributing	10131
entity that violates division (C)(7) of section 3517.102 of the	10132
Revised Code shall be fined an amount equal to three times the	10133
amount accepted in excess of the amount permitted by that	10134
division.	10135

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	10136
this section, no violation of division (C) of section 3517.102 of	10137
the Revised Code occurs, and the secretary of state shall not	10138
refer parties to the Ohio elections commission, if the amount	10139
transferred or contributed in excess of the amount permitted to be	10140
accepted by that division meets either of the following	10141
conditions:	10142

(a) It is completely refunded within five business days after	10143
its acceptance.	10144

(b) It is completely refunded on or before the tenth business	10145
day after notification to the recipient of the excess transfer or	10146
contribution by the board of elections or the secretary of state	10147
that a transfer or contribution in excess of the permitted amount	10148
has been received.	10149

(K)(1) Any legislative campaign fund that violates division	10150
(F)(1) of section 3517.102 of the Revised Code shall be fined	10151
twenty-five dollars for each day of violation.	10152

(2) Any legislative campaign fund that violates division	10153
(F)(2) of section 3517.102 of the Revised Code shall give to the	10154
treasurer of state for deposit into the state treasury to the	10155
credit of the Ohio elections commission fund all excess	10156
contributions not disposed of as required by division (E) of	10157
section 3517.102 of the Revised Code.	10158

(L) Whoever violates section 3517.105 of the Revised Code	10159
shall be fined one thousand dollars.	10160

(M)(1) Whoever solicits a contribution in violation of	10161
section 3517.092 or violates division (B) of section 3517.09 of	10162
the Revised Code is guilty of a misdemeanor of the first degree.	10163

(2) Whoever knowingly accepts a contribution in violation of	10164
division (B) or (C) of section 3517.092 of the Revised Code shall	10165
be fined an amount equal to three times the amount accepted in	10166
violation of either of those divisions and shall return to the	10167
contributor any amount so accepted. Whoever unknowingly accepts a	10168
contribution in violation of division (B) or (C) of section	10169
3517.092 of the Revised Code shall return to the contributor any	10170
amount so accepted.	10171

(N) Whoever violates division (S) of section 3517.13 of the	10172
Revised Code shall be fined an amount equal to three times the	10173
amount of funds transferred or three times the value of the assets	10174
transferred in violation of that division.	10175

(O) Any campaign committee that accepts a contribution or	10176
contributions in violation of section 3517.108 of the Revised	10177
Code, uses a contribution in violation of that section, or fails	10178
to dispose of excess contributions in violation of that section	10179
shall be fined an amount equal to three times the amount accepted,	10180
used, or kept in violation of that section.	10181

(P) Any political party, state candidate fund, legislative	10182
candidate fund, or campaign committee that violates division (T)	10183
of section 3517.13 of the Revised Code shall be fined an amount	10184
equal to three times the amount contributed or accepted in	10185
violation of that section.	10186

(Q) A treasurer of a committee or another person who violates	10187
division (U) of section 3517.13 of the Revised Code shall be fined	10188
not more than two hundred fifty dollars.	10189

(R) Whoever violates division (I) or (J) of section 3517.13	10190
of the Revised Code shall be fined not more than one thousand	10191
dollars. Whenever a person is found guilty of violating division	10192
(I) or (J) of section 3517.13 of the Revised Code, the contract	10193
awarded in violation of either of those divisions shall be	10194
rescinded if its terms have not yet been performed.	10195

(S) A candidate whose campaign committee violates or a	10196
treasurer of a campaign committee who violates section 3517.081 of	10197
the Revised Code, and a candidate whose campaign committee	10198
violates or a treasurer of a campaign committee or another person	10199
who violates division (C) of section 3517.10 of the Revised Code,	10200
shall be fined not more than five hundred dollars.	10201

(T) A candidate whose campaign committee violates or a	10202
treasurer of a committee who violates division (B) of section	10203
3517.09 of the Revised Code, or a candidate whose campaign	10204
committee violates or a treasurer of a campaign committee or	10205
another person who violates division (C) of section 3517.09 of the	10206
Revised Code shall be fined not more than one thousand dollars.	10207

(U) Whoever violates section 3517.20 of the Revised Code	10208
shall be fined not more than five hundred dollars.	10209

(V) Whoever violates section 3517.21 or section 3517.22 of	10210
the Revised Code shall be imprisoned for not more than six months	10211
or fined not more than five thousand dollars, or both.	10212

(W) A campaign committee that is required to file a	10213
declaration of no limits under division (D)(2) of section 3517.103	10214
of the Revised Code that, before filing that declaration, accepts	10215
a contribution or contributions that exceed the limitations	10216
prescribed in section 3517.102 of the Revised Code, shall return	10217
that contribution or those contributions to the contributor.	10218

(X) Any campaign committee that fails to file the declaration	10219
of filing-day finances required by division (F) of section	10220
3517.109 ~~or the declaration of primary-day finances or declaration~~	10221
~~of year-end finances required by division (E) of section 3517.1010~~	10222
of the Revised Code shall be fined twenty-five dollars for each	10223
day of violation.	10224

(Y)(1) Any campaign committee that fails to dispose of excess	10225
funds or excess aggregate contributions under division (B) of	10226
section 3517.109 of the Revised Code in the manner required by	10227
division (C) of that section ~~or under division (B) of section~~	10228
~~3517.1010 of the Revised Code in the manner required by division~~	10229
~~(C) of that section~~ shall give to the treasurer of state for	10230
deposit into the Ohio elections commission fund created under	10231
division (I) of section 3517.152 of the Revised Code all funds not	10232
disposed of pursuant to ~~those divisions~~that division.	10233

(2) Any treasurer of a transition fund that fails to dispose	10234
of assets remaining in the transition fund as required under	10235
division (H)(1) or (2) of section 3517.1014 of the Revised Code	10236
shall give to the treasurer of state for deposit into the Ohio	10237
elections commission fund all assets not disposed of pursuant to	10238
that division.	10239

(Z) Any individual, campaign committee, political action	10240
committee, political contributing entity, legislative campaign	10241
fund, political party, treasurer of a transition fund, or other	10242
entity that violates any provision of sections 3517.09 to 3517.12	10243
of the Revised Code for which no penalty is provided for under any	10244
other division of this section shall be fined not more than one	10245
thousand dollars.	10246

(AA)(1) Whoever knowingly violates division (W)(1) of section	10247
3517.13 of the Revised Code shall be fined an amount equal to	10248
three times the amount contributed, expended, or promised in	10249
violation of that division or ten thousand dollars, whichever	10250
amount is greater.	10251

(2) Whoever knowingly violates division (W)(2) of section	10252
3517.13 of the Revised Code shall be fined an amount equal to	10253
three times the amount solicited or accepted in violation of that	10254
division or ten thousand dollars, whichever amount is greater.	10255

(BB) Whoever knowingly violates division (C) or (D) of	10256
section 3517.1011 of the Revised Code shall be fined not more than	10257
ten thousand dollars plus not more than one thousand dollars for	10258
each day of violation.	10259

(CC)~~(1) Subject to division (CC)(2) of this section, whoever~~	10260
~~violates division (H) of section 3517.1011 of the Revised Code~~	10261
~~shall be fined an amount up to three times the amount disbursed~~	10262
~~for the direct costs of airing the communication made in violation~~	10263
~~of that division.~~	10264

~~(2) Whoever has been ordered by the Ohio elections commission~~	10265
~~or by a court of competent jurisdiction to cease making~~	10266
~~communications in violation of division (H) of section 3517.1011~~	10267
~~of the Revised Code who again violates that division shall be~~	10268
~~fined an amount equal to three times the amount disbursed for the~~	10269
~~direct costs of airing the communication made in violation of that~~	10270
~~division.~~	10271

~~(DD)~~(1) Any corporation or labor organization that violates	10272
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	10273
fined an amount equal to three times the amount given in excess of	10274
the amount permitted by that division.	10275

(2) Any state or county political party that violates	10276
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	10277
fined an amount equal to three times the amount accepted in excess	10278
of the amount permitted by that division.	10279

~~(EE)~~(DD)(1) Any campaign committee or person who violates	10280
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	10281
shall be fined an amount equal to three times the amount donated	10282
in excess of the amount permitted by that division.	10283

(2) Any officeholder or treasurer of a transition fund who	10284
violates division (C)(3)(a) or (b) of section 3517.1014 of the	10285
Revised Code shall be fined an amount equal to three times the	10286
amount accepted in excess of the amount permitted by that	10287
division.	10288

Sec. 3519.01. (A) Only one proposal of law or constitutional	10289
amendment to be proposed by initiative petition shall be contained	10290
in an initiative petition to enable the voters to vote on that	10291
proposal separately. A petition shall include the text of any	10292
existing statute or constitutional provision that would be amended	10293
or repealed if the proposed law or constitutional amendment is	10294
adopted.	10295

Whoever seeks to propose a law or constitutional amendment by	10296
initiative petition shall, by a written petition signed by one	10297
thousand qualified electors, submit the proposed law or	10298
constitutional amendment and a summary of it to the attorney	10299
general for examination. Within ten days after the receipt of the	10300
written petition and the summary of it, the attorney general shall	10301
conduct an examination of the summary. If, in the opinion of the	10302
attorney general, the summary is a fair and truthful statement of	10303
the proposed law or constitutional amendment, the attorney general	10304
shall so certify and then forward the submitted petition to the	10305
Ohio ballot board for its approval under division (A) of section	10306
3505.062 of the Revised Code. If the Ohio ballot board returns the	10307
submitted petition to the attorney general with its certification	10308
as described in that division, the attorney general shall then	10309
file with the secretary of state a verified copy of the proposed	10310
law or constitutional amendment together with its summary and the	10311
attorney general's certification.	10312

Whenever the Ohio ballot board divides an initiative petition	10313
into individual petitions containing only one proposed law or	10314
constitutional amendment under division (A) of section 3505.062 of	10315
the Revised Code resulting in the need for the petitioners to	10316
resubmit to the attorney general appropriate summaries for each of	10317
the individual petitions arising from the board's division of the	10318
initiative petition, the attorney general shall review the	10319
resubmitted summaries, within ten days after their receipt, to	10320
determine if they are a fair and truthful statement of the	10321
respective proposed laws or constitutional amendments and, if so,	10322
certify them. These resubmissions shall contain no new	10323
explanations or arguments. Then, the attorney general shall file	10324
with the secretary of state a verified copy of each of the	10325
proposed laws or constitutional amendments together with their	10326
respective summaries and the attorney general's certification of	10327
each.	10328

(B)(1) Whoever seeks to file a referendum petition against	10329
any law, section, or item in any law shall, by a written petition	10330
signed by one thousand qualified electors, submit the measure to	10331
be referred and a summary of it to the secretary of state and, on	10332
the same day or within one business day before or after that day,	10333
submit a copy of the petition, measure, and summary to the	10334
attorney general.	10335

(2) Not later than ten business days after receiving the	10336
petition, measure, and summary, the secretary of state shall do	10337
both of the following:	10338

(a) Have the validity of the signatures on the petition	10339
verified;	10340

(b) After comparing the text of the measure to be referred	10341
with the copy of the enrolled act on file in the secretary of	10342
state's office containing the law, section, or item of law,	10343
determine whether the text is correct and, if it is, so certify.	10344

(3) Not later than ten business days after receiving a copy	10345
of the petition, measure, and summary, the attorney general shall	10346
examine the summary and, if in the attorney general's opinion, the	10347
summary is a fair and truthful statement of the measure to be	10348
referred, so certify.	10349

(C) Any person who is aggrieved by a certification decision	10350
under division (A) or (B) of this section may challenge the	10351
certification or failure to certify of the attorney general in the	10352
supreme court, which shall have exclusive, original jurisdiction	10353
in all challenges of those certification decisions.	10354

Sec. 3519.16. ~~The circulator of any part-petition, the~~	10355
~~committee interested in the petition, or any elector may file with~~	10356
~~the board of elections a protest against the board's findings made~~	10357
~~pursuant to section 3519.15 of the Revised Code. Protests shall be~~	10358
~~in writing and shall specify reasons for the protest. Protests for~~	10359
~~all initiative and referendum petitions other than those to be~~	10360
~~voted on by electors throughout the entire state shall be filed~~	10361
~~not later than four p.m. of the seventy-fourth day before the day~~	10362
~~of the election. Once a protest is filed, the board shall proceed~~	10363
~~to establish the sufficiency or insufficiency of the signatures~~	10364
~~and of the verification of those signatures in an action before~~	10365
~~the court of common pleas in the county. The action shall be~~	10366
~~brought within three days after the protest is filed, and it shall~~	10367
~~be heard forthwith by a judge of that court, whose decision shall~~	10368
~~be certified to the board. The signatures that are adjudged~~	10369
~~sufficient or the part-petitions that are adjudged properly~~	10370
~~verified shall be included with the others by the board, and those~~	10371
~~found insufficient and all those part-petitions that are adjudged~~	10372
~~not properly verified shall not be included.~~(A) Pursuant to	10373
Section 1g of Article II, Ohio Constitution, the supreme court of	10374
Ohio shall have original, exclusive jurisdiction in all challenges	10375
to initiative and referendum petitions.	10376

(B) The petitioner of any petition shall include upon each	10377
part-petition filed with the secretary of state a designation of	10378
the county in which the part-petition was circulated and a number	10379
for each part-petition. In any county where part-petitions are	10380
circulated, each part-petition shall be numbered sequentially.	10381
Upon the filing of the petition with the secretary of state, the	10382
petitioner of any petition shall also file the following:	10383

(1) An electronic copy of the petition filed along with a	10384
verification that the electronic copy is a true representation of	10385
the original paper petition filed with the secretary of state;	10386

(2) A summary of the number of part-petitions filed per	10387
county and the number of signatures on each part-petition;	10388

(3) An index of the electronic copy.

10389

(C) For a request made under Chapter 149. of the Revised Code	10390
for the inspection or copying of the original petition filed with	10391
the secretary of state, the request is fulfilled when the	10392
secretary of state provides inspection of or copies of the	10393
electronic copy filed by the petitioner of the petition. This	10394
section applies from the time of the initial filing of the	10395
petition with the secretary of state and remains applicable until	10396
the part-petitions are returned to the secretary of state from the	10397
local board of elections after a determination of sufficiency of	10398
the petition pursuant to section 3519.15 of the Revised Code.	10399

(D) Discrepancies between the electronic copy filed under	10400
division (B)(1) of this section and the original paper petitions	10401
as filed with the secretary of state shall not render the petition	10402
invalid. Discrepancies between a filed electronic copy and the	10403
original paper petition, if the product of fraud, shall be subject	10404
to criminal penalties under section 3599.36 of the Revised Code.	10405

(E) The properly verified part-petitions, together with the	10406
report of the board, shall be returned to the secretary of state	10407
~~not less than sixty days before the election, provided that, in~~	10408
~~the case of an initiated law to be presented to the general~~	10409
~~assembly, the boards shall promptly check and return the petitions~~	10410
~~together with their report~~. The secretary of state shall notify,	10411
by certified mail,~~the chairperson~~each member of the committee	10412
in charge of the circulation as to the sufficiency or	10413
insufficiency of the petition and the extent of the insufficiency.	10414

If the petition is found insufficient because of an	10415
insufficient number of valid signatures, the committee shall be	10416
allowed ten additional days after the ~~notification by~~first member	10417
of the committee receives notice of the petition's insufficiency	10418
by certified mail from the secretary of state for the filing of	10419
additional signatures to the petition. No additional signatures	10420
may be collected by the circulator of the petition until the	10421
secretary of state determines the sufficiency of the signatures	10422
that the circulator originally filed with the secretary of state	10423
The part-petitions of the supplementary petition that appear to	10424
the secretary of state to be properly verified, upon their receipt	10425
by the secretary of state, shall forthwith be forwarded to the	10426
boards of the several counties together with the part-petitions of	10427
the original petition that have been properly verified. They shall	10428
be immediately examined and passed upon as to the validity and	10429
sufficiency of the signatures on them by each of the boards and	10430
returned within five days to the secretary of state with the	10431
report of each board. No signature on a supplementary	10432
part-petition that is the same as a signature on an original	10433
part-petition shall be counted. The number of signatures in both	10434
the original and supplementary petitions, properly verified, shall	10435
be used by the secretary of state in determining the total number	10436
of signatures to the petition that the secretary of state shall	10437
record and announce. If they are sufficient, the amendment,	10438
proposed law, or law shall be placed on the ballot as required by	10439
law. If the petition is found insufficient, the secretary of state	10440
shall notify the committee in charge of the circulation of the	10441
petition.	10442

Sec. 3599.03. (A)(1) ~~Except to carry on activities specified~~	10443
~~in sections 3517.082 and 3517.1011, division (A)(2) of section~~	10444
~~3517.1012, division (B) of section 3517.1013, division (C)(1) of~~	10445
~~section 3517.1014, and section 3599.031 of the Revised Code and~~	10446
~~except as provided in divisions (D), (E), and (F)~~(a) Subject to	10447
division (A)(1)(b) of this section, no corporation, no nonprofit	10448
corporation, and no labor organization, directly or indirectly,	10449
shall pay or use, or offer, advise, consent, or agree to pay or	10450
use, the corporation's money or property, or the labor	10451
organization's money, including dues, initiation fees, or other	10452
assessments paid by members, or property, ~~for or in aid of or~~	10453
~~opposition~~to make a contribution to a political party, a	10454
candidate for election or nomination to public office, a political	10455
action committee including a political action committee of the	10456
corporation or labor organization, a legislative campaign fund, or	10457
any organization that supports or opposes any such candidate, or	10458
~~for any partisan political purpose,~~ shall violate any law	10459
requiring the filing of an affidavit or statement respecting such	10460
use of those funds, or shall pay or use the corporation's or labor	10461
organization's money for the expenses of a social fund-raising	10462
event for its political action committee if an employee's or labor	10463
organization member's right to attend such an event is predicated	10464
on the employee's or member's contribution to the corporation's or	10465
labor organization's political action committee.	10466

(b) Nothing in this section prohibits a labor organization	10467
from making a contribution to a candidate's campaign committee or	10468
to another political entity or from making an independent	10469
expenditure.	10470

(2) Whoever violates division (A)(1)(a) of this section shall	10471
be fined not less than five hundred nor more than five thousand	10472
dollars.	10473

(B)(1) No officer, stockholder, attorney, or agent of a	10474
corporation or nonprofit corporation, no member, including an	10475
officer, attorney, or agent, of a labor organization, and no	10476
candidate, political party official, or other individual shall	10477
knowingly aid, advise, solicit, or receive money or other property	10478
in violation of division (A)(1)(a) of this section.	10479

(2) Whoever violates division (B)(1) of this section shall be	10480
fined not more than one thousand dollars, or imprisoned not more	10481
than one year, or both.	10482

(C) A corporation, a nonprofit corporation, or a labor	10483
organization may use its funds or property for or in aid of or	10484
opposition to a proposed or certified ballot issue. Such use of	10485
funds or property shall be reported on a form prescribed by the	10486
secretary of state. Reports of contributions in connection with	10487
statewide ballot issues shall be filed with the secretary of	10488
state. Reports of contributions in connection with local issues	10489
shall be filed with the board of elections of the most populous	10490
county of the district in which the issue is submitted or to be	10491
submitted to the electors. Reports made pursuant to this division	10492
shall be filed by the times specified in divisions (A)(1) and (2)	10493
of section 3517.10 of the Revised Code.	10494

(D)(1) Any gift made pursuant to section 3517.101 of the	10495
Revised Code does not constitute a violation of this section or of	10496
any other section of the Revised Code.	10497

(2) Any gift made pursuant to division (A)(2) of section	10498
3517.1012 of the Revised Code does not constitute a violation of	10499
this section.	10500

(3) Any gift made pursuant to division (B) of section	10501
3517.1013 of the Revised Code does not constitute a violation of	10502
this section.	10503

(4) Any donation made pursuant to division (C)(1) of section	10504
3517.1014 of the Revised Code does not constitute a violation of	10505
this section.	10506

(E) Any compensation or fees paid by a financial institution	10507
to a state political party for services rendered pursuant to	10508
division (B) of section 3517.19 of the Revised Code do not	10509
constitute a violation of this section or of any other section of	10510
the Revised Code.	10511

(F)(1) The use by a nonprofit corporation of its money or	10512
property for communicating information for a purpose specified in	10513
division (A) of this section is not a violation of that division	10514
if the stockholders, members, donors, trustees, or officers of the	10515
nonprofit corporation are the predominant recipients of the	10516
communication.	10517

(2) The placement of a campaign sign on the property of a	10518
corporation, nonprofit corporation, or labor organization is not a	10519
use of property in violation of division (A) of this section by	10520
that corporation, nonprofit corporation, or labor organization.	10521

(3) The use by a corporation or labor organization of its	10522
money or property for communicating information for a purpose	10523
specified in division (A) of this section is not a violation of	10524
that division if it is not a communication made by mass broadcast	10525
such as radio or television or made by advertising in a newspaper	10526
of general circulation but is a communication sent exclusively to	10527
members, employees, officers, or trustees of that labor	10528
organization or shareholders, employees, officers, or directors of	10529
that corporation or to members of the immediate families of any	10530
such individuals or if the communication intended to be so sent	10531
exclusively is unintentionally sent as well to a de minimis number	10532
of other individuals.	10533

(G) In addition to the laws listed in division (A) of section	10534
4117.10 of the Revised Code that prevail over conflicting	10535
agreements between employee organizations and public employers,	10536
this section prevails over any conflicting provisions of	10537
agreements between labor organizations and public employers that	10538
are entered into on or after March 31, 2005, pursuant to Chapter	10539
4117. of the Revised Code.	10540

(H) As used in this section, "labor organization" has the	10541
same meaning as in section 3517.01 of the Revised Code.	10542

Sec. 3599.07. No ~~judge of elections~~precinct election	10543
official, observer, or police officer admitted into the polling	10544
rooms at the election, at any time while the polls are open, shall	10545
have in the individual's possession, distribute, or give out any	10546
ballot or ticket to any person on any pretense during the	10547
receiving, counting, or certifying of the votes, or have any	10548
ballot or ticket in the individual's possession or control, except	10549
in the proper discharge of the individual's official duty in	10550
receiving, counting, or canvassing the votes. This section does	10551
not prevent the lawful exercise by a ~~judge of elections~~precinct	10552
election official or observer of the individual right to vote at	10553
such election.	10554

Sec. 3599.17. (A) No elections official serving as a	10555
registrar or ~~judge of elections~~precinct election official shall	10556
do any of the following:	10557

(1) Fail to appear before the board of elections, or its	10558
representative, after notice has been served personally upon the	10559
official or left at the official's usual place of residence, for	10560
examination as to the official's qualifications;	10561

(2) Fail to appear at the polling place to which the official	10562
is assigned at the hour and during the hours set for the	10563
registration or election;	10564

(3) Fail to take the oath prescribed by section 3501.31 of	10565
the Revised Code, unless excused by such board;	10566

(4) Refuse or sanction the refusal of another registrar or	10567
~~judge of elections~~precinct election official to administer an	10568
oath required by law;	10569

(5) Fail to send notice to the board of the appointment of a	10570
~~judge~~precinct election official to fill a vacancy;	10571

(6) Act as registrar or ~~judge~~precinct election official	10572
without having been appointed and having received a certificate of	10573
appointment, except a ~~judge~~precinct election official appointed	10574
to fill a vacancy caused by absence or removal;	10575

(7) Fail in any other way to perform any duty imposed by law.

10576

(B) Whoever violates division (A) of this section is guilty	10577
of a misdemeanor of the first degree.	10578

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	10579
official shall knowingly do any of the following:	10580

(1) Unlawfully open or permit to be opened the sealed package	10581
containing registration lists, ballots, blanks, pollbooks, and	10582
other papers and material to be used in an election;	10583

(2) Unlawfully misplace, carry away, negligently lose or	10584
permit to be taken from the ~~judge~~precinct election official, fail	10585
to deliver, or destroy any such packages, papers, or material;	10586

(3) Receive or sanction the reception of a ballot from a	10587
person not a qualified elector or from a person who refused to	10588
answer a question in accordance with the election law;	10589

(4) Refuse to receive or sanction the rejection of a ballot	10590
from a person, knowing that person to be a qualified elector;	10591

(5) Permit a fraudulent ballot to be placed in the ballot	10592
box;	10593

(6) Place or permit to be placed in any ballot box any ballot	10594
known by the ~~judge~~precinct election official to be improperly or	10595
falsely marked;	10596

(7) Count or permit to be counted any illegal or fraudulent	10597
ballot;	10598

(8) Mislead an elector who is physically unable to prepare	10599
the elector's ballot, mark a ballot for such elector otherwise	10600
than as directed by that elector, or disclose to any person,	10601
except when legally required to do so, how such elector voted;	10602

(9) Alter or mark or permit any alteration or marking on any	10603
ballot when counting the ballots;	10604

(10) Unlawfully count or tally or sanction the wrongful	10605
counting or tallying of votes;	10606

(11) After the counting of votes commences, as required by	10607
law, postpone or sanction the postponement of the counting of	10608
votes, adjourn at any time or to any place, or remove the ballot	10609
box from the place of voting, or from the custody or presence of	10610
all the ~~judges of such elections~~precinct election officials;	10611

(12) Permit any ballot to remain or to be in the ballot box	10612
at the opening of the polls, or to be put in the box during the	10613
counting of the ballots, or to be left in the box without being	10614
counted;	10615

(13) Admit or sanction the admission to the polling room at	10616
an election during the receiving, counting, and certifying of	10617
votes of any person not qualified by law to be so admitted;	10618

(14) Refuse to admit or sanction the refusal to admit any	10619
person, upon lawful request for admission, who is legally	10620
qualified to be present;	10621

(15) Permit or sanction the counting of the ballots contrary	10622
to the manner prescribed by law;	10623

(16) Neglect or unlawfully execute any duty enjoined upon the	10624
~~judge~~precinct election official by law.	10625

(B) Whoever violates division (A) of this section is guilty	10626
of a misdemeanor of the first degree.	10627

Sec. 3599.30. No school operated by a school district, no	10628
community school established under Chapter 3314. of the Revised	10629
Code, no STEM school established under Chapter 3326. of the	10630
Revised Code, and no chartered nonpublic school shall, during the	10631
regular school day, transport one or more students to a polling	10632
place or board of elections for the purpose of casting a ballot.	10633

Sec. 3599.31. No officer of the law shall fail to obey	10634
forthwith an order of the ~~presiding judge~~voting location manager	10635
and aid in enforcing a lawful order of the ~~presiding judges~~voting	10636
location manager at an election, against persons unlawfully	10637
congregating or loitering within one hundred feet of a polling	10638
place, hindering or delaying an elector from reaching or leaving	10639
the polling place, soliciting or attempting, within one hundred	10640
feet of the polling place, to influence an elector in casting the	10641
elector's vote, or interfering with the registration of voters or	10642
casting and counting of the ballots.	10643

Whoever violates this section is guilty of a misdemeanor of	10644
the first degree.	10645

Section 2. That existing sections 7.101, 511.27, 1545.21,	10646
2101.44, 3501.01, 3501.05, 3501.051, 3501.053, 3501.10, 3501.11,	10647
3501.13, 3501.14, 3501.17, 3501.18, 3501.20, 3501.22, 3501.26,	10648
3501.27, 3501.28, 3501.29, 3501.30, 3501.301, 3501.31, 3501.32,	10649
3501.33, 3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.14,	10650
3503.15, 3503.16, 3503.18, 3503.19, 3503.21, 3503.24, 3503.26,	10651
3503.28, 3504.02, 3504.04, 3504.05, 3505.07, 3505.08, 3505.11,	10652
3505.13, 3505.16, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183,	10653
3505.20, 3505.21, 3505.23, 3505.24, 3505.26, 3505.28, 3505.29,	10654
3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01, 3509.02,	10655
3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08,	10656
3509.09, 3511.02, 3511.04, 3511.05, 3511.06, 3511.07, 3511.08,	10657
3511.09, 3511.10, 3511.11, 3511.13, 3511.14, 3513.02, 3513.05,	10658
3513.12, 3513.131, 3513.18, 3513.19, 3513.21, 3513.262, 3513.30,	10659
3515.04, 3517.01, 3517.012, 3517.014, 3517.051, 3517.10, 3517.102,	10660
3517.103, 3517.106, 3517.107, 3517.1011, 3517.11, 3517.153,	10661
3517.154, 3517.155, 3517.992, 3519.01, 3519.16, 3599.03, 3599.07,	10662
3599.17, 3599.19, and 3599.31 and sections 3503.29, 3504.01,	10663
3506.16, 3517.016, and 3517.1010 of the Revised Code are hereby	10664
repealed.	10665

Section 3. That sections 3.02, 302.09, 305.02, 503.24,	10666
733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the Revised Code	10667
be amended to read as follows, to make those sections consistent	10668
with the requirements of the Ohio Constitution:	10669

Sec. 3.02. (A) When an elective office becomes vacant and is	10670
filled by appointment, such appointee shall hold the office until	10671
the appointee's successor is elected and qualified; and such	10672
successor shall be elected for the unexpired term, at the first	10673
general election for the office which is vacant that occurs more	10674
than ~~fifty-six~~forty days after the vacancy has occurred; provided	10675
that when the unexpired term ends within one year immediately	10676
following the date of such general election, an election to fill	10677
such unexpired term shall not be held and the appointment shall be	10678
for such unexpired term.	10679

(B) When an elective office becomes vacant and is filled by	10680
appointment, the appointing authority shall, immediately but no	10681
later than seven days after making the appointment, certify it to	10682
the board of elections and to the secretary of state. The board of	10683
elections or, in the case of an appointment to a statewide office,	10684
the secretary of state shall issue a certificate of appointment to	10685
the appointee. Certificates of appointment shall be in such form	10686
as the secretary of state shall prescribe.	10687

(C) When an elected candidate fails to qualify for the office	10688
to which the candidate has been elected, the office shall be	10689
filled as in the case of a vacancy. Until so filled, the incumbent	10690
officer shall continue to hold office. This section does not	10691
postpone the time for such election beyond that at which it would	10692
have been held had no such vacancy occurred, or affect the	10693
official term, or the time for the commencement thereof, of any	10694
person elected to such office before the occurrence of such	10695
vacancy.	10696

Sec. 302.09. When a vacancy occurs in the board of county	10697
commissioners or in the office of county auditor, county	10698
treasurer, prosecuting attorney, clerk of the court of common	10699
pleas, sheriff, county recorder, county engineer, or coroner more	10700
than ~~fifty-six~~forty days before the next general election for	10701
state and county officers, the vacancy shall be filled as provided	10702
for in divisions (A) and (B) of section 305.02 of the Revised	10703
Code.	10704

Sec. 305.02. (A) If a vacancy in the office of county	10705
commissioner, prosecuting attorney, county auditor, county	10706
treasurer, clerk of the court of common pleas, sheriff, county	10707
recorder, county engineer, or coroner occurs more than ~~fifty-six~~	10708
forty days before the next general election for state and county	10709
officers, a successor shall be elected at such election for the	10710
unexpired term unless such term expires within one year	10711
immediately following the date of such general election.	10712

In either event, the vacancy shall be filled as provided in	10713
this section, and the appointee shall hold office until a	10714
successor is elected and qualified.	10715

(B) If a vacancy occurs from any cause in any of the offices	10716
named in division (A) of this section, the county central	10717
committee of the political party with which the last occupant of	10718
the office was affiliated shall appoint a person to hold the	10719
office and to perform the duties thereof until a successor is	10720
elected and has qualified, except that if such vacancy occurs	10721
because of the death, resignation, or inability to take the office	10722
of an officer-elect whose term has not yet begun, an appointment	10723
to take such office at the beginning of the term shall be made by	10724
the central committee of the political party with which such	10725
officer-elect was affiliated.	10726

(C) Not less than five nor more than forty-five days after a	10727
vacancy occurs, the county central committee shall meet for the	10728
purpose of making an appointment under this section. Not less than	10729
four days before the date of such meeting the chairperson or	10730
secretary of such central committee shall send by first class mail	10731
to every member of such central committee a written notice which	10732
shall state the time and place of such meeting and the purpose	10733
thereof. A majority of the members of the central committee	10734
present at such meeting may make the appointment.	10735

(D) If the last occupant of the office or the officer-elect	10736
was elected as an independent candidate, the board of county	10737
commissioners shall make such appointment at the time when the	10738
vacancy occurs, except where the vacancy is in the office of	10739
county commissioner, in which case the prosecuting attorney and	10740
the remaining commissioners or a majority of them shall make the	10741
appointment.	10742

(E) Appointments made under this section shall be certified	10743
by the appointing county central committee or by the board of	10744
county commissioners to the county board of elections and to the	10745
secretary of state, and the persons so appointed and certified	10746
shall be entitled to all remuneration provided by law for the	10747
offices to which they are appointed.	10748

(F) The board of county commissioners may appoint a person to	10749
hold any of the offices named in division (A) of this section as	10750
an acting officer and to perform the duties thereof between the	10751
occurrence of the vacancy and the time when the officer appointed	10752
by the central committee qualifies and takes the office.	10753

(G) A person appointed prosecuting attorney or assistant	10754
prosecuting attorney shall give bond and take the oath of office	10755
prescribed by section 309.03 of the Revised Code for the	10756
prosecuting attorney.	10757

Sec. 503.24. If there is a vacancy by reason of the	10758
nonacceptance, death, or removal of a person chosen to an office	10759
in any township at the regular election, or if there is a vacancy	10760
from any other cause, the board of township trustees shall appoint	10761
a person having the qualifications of an elector to fill such	10762
vacancy for the unexpired term or until a successor is elected.	10763

If a township is without a board or if no appointment is made	10764
within thirty days after the occurrence of a vacancy, a majority	10765
of the persons designated as the committee of five on the	10766
last-filed nominating petition of the township officer whose	10767
vacancy is to be filled who are residents of the township shall	10768
appoint a person having the qualifications of an elector to fill	10769
the vacancy for the unexpired term or until a successor is	10770
elected. If at least three of the committee members who are	10771
residents of the township cannot be found, or if that number of	10772
such members fails to make an appointment within ten days after	10773
the thirty-day period in which the board of township trustees is	10774
authorized to make an appointment, then the presiding probate	10775
judge of the county shall appoint a suitable person having the	10776
qualifications of an elector in the township to fill the vacancy	10777
for the unexpired term or until a successor is elected.	10778

If a vacancy occurs in a township elective office more than	10779
~~fifty-six~~forty days before the next general election for	10780
municipal and township officers a successor shall be chosen at	10781
that election to fill the unexpired term, provided the term does	10782
not expire within one year from the day of the election. If the	10783
term expires within one year from the day of the next general	10784
election for municipal and township officers, a successor	10785
appointed pursuant to this section shall serve out the unexpired	10786
term.	10787

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	10788
arising in appointive and elective offices of villages shall be	10789
filled by appointment by the mayor for the remainder of the	10790
unexpired term, provided that:	10791

(1) Vacancies in the office of mayor shall be filled in the	10792
manner provided by section 733.25 of the Revised Code;	10793

(2) Vacancies in the membership of the legislative authority	10794
shall be filled in the manner provided by section 731.43 of the	10795
Revised Code;	10796

(3) Vacancies in the office of president pro tempore of a	10797
village legislative authority shall be filled in the manner	10798
provided by section 731.11 of the Revised Code.	10799

In the event of a vacancy in the office of village clerk or	10800
treasurer, the mayor may appoint a person to serve as an acting	10801
officer to perform the duties of the office until a permanent	10802
officer is appointed to fill the vacancy.	10803

(B) Unless otherwise provided by law, vacancies arising in	10804
appointive offices of cities shall be filled by appointment by the	10805
mayor for the remainder of the unexpired term.	10806

(C) A vacancy in the office of president of the legislative	10807
authority of a city shall be filled in the same manner as provided	10808
in division (D) of this section. Vacancies in the office of mayor	10809
of a city shall be filled in the manner provided in section 733.08	10810
of the Revised Code. Vacancies in the membership of the	10811
legislative authority of a city shall be filled in the manner	10812
provided in section 731.43 of the Revised Code.	10813

(D) In case of the death, resignation, removal, or disability	10814
of the director of law, auditor, or treasurer of a city and such	10815
vacancy occurs more than ~~fifty-six~~forty days before the next	10816
general election for such office, a successor shall be elected at	10817
such election for the unexpired term unless such term expires	10818
within one year immediately following the date of such general	10819
election. In either event, the vacancy shall be filled as provided	10820
in this section and the appointee shall hold office until a	10821
successor is elected and qualified.	10822

(1) The county central committee of the political party with	10823
which the last occupant of the office was affiliated, acting	10824
through its members who reside in the city where the vacancy	10825
occurs, shall appoint a person to hold the office and to perform	10826
the duties thereof until a successor is elected and has qualified,	10827
except that if such vacancy occurs because of the death,	10828
resignation, or inability to take the office of an officer-elect	10829
whose term has not yet begun, an appointment to take such office	10830
at the beginning of the term shall be made by the members of the	10831
central committee who reside in the city where the vacancy occurs.	10832

(2) Not less than five nor more than forty-five days after a	10833
vacancy occurs, the county central committee, acting through its	10834
members who reside in the city where the vacancy occurs, shall	10835
meet for the purpose of making an appointment. Not less than four	10836
days before the date of the meeting the chairperson or secretary	10837
of the central committee shall send by first class mail to every	10838
member of such central committee who resides in the city where the	10839
vacancy occurs a written notice which shall state the time and	10840
place of such meeting and the purpose thereof. A majority of the	10841
members of the central committee present at such meeting may make	10842
the appointment.	10843

(E) If the last occupant of the office or the officer-elect,	10844
as provided in division (D) of this section, was elected as an	10845
independent candidate, the mayor of the city shall make the	10846
appointment at the time the vacancy occurs.	10847

(F) Appointments made under this section shall be certified	10848
by the appointing county central committee or by the mayor of the	10849
municipal corporation to the county board of elections and to the	10850
secretary of state. The persons so appointed and certified shall	10851
be entitled to all remuneration provided by law for the offices to	10852
which they are appointed.	10853

(G) The mayor of the city may appoint a person to hold the	10854
city office of director of law, auditor, or treasurer as an acting	10855
officer and to perform the duties thereof between the occurrence	10856
of the vacancy and the time when the person appointed by the	10857
central committee qualifies and takes the office.	10858

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	10859
and officers of the court shall take an oath of office as provided	10860
in section 3.23 of the Revised Code. The office of judge of the	10861
municipal court is subject to forfeiture, and the judge may be	10862
removed from office, for the causes and by the procedure provided	10863
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	10864
office of judge exists upon the death, resignation, forfeiture,	10865
removal from office, or absence from official duties for a period	10866
of six consecutive months, as determined under this section, of	10867
the judge and also by reason of the expiration of the term of an	10868
incumbent when no successor has been elected or qualified. The	10869
chief justice of the supreme court may designate a judge of	10870
another municipal court to act until that vacancy is filled in	10871
accordance with section 107.08 of the Revised Code. A vacancy	10872
resulting from the absence of a judge from official duties for a	10873
period of six consecutive months shall be determined and declared	10874
by the legislative authority.	10875

(b) If a vacancy occurs in the office of judge or clerk of	10876
the municipal court after the one-hundredth day before the first	10877
Tuesday after the first Monday in May and prior to the ~~fifty-sixth~~	10878
fortieth day before the day of the general election, all	10879
candidates for election to the unexpired term of the judge or	10880
clerk shall file nominating petitions with the board of elections	10881
not later than four p.m. on the tenth day following the day on	10882
which the vacancy occurs, except that, when the vacancy occurs	10883
fewer than ~~four~~six days before the ~~fifty-sixth~~fortieth day	10884
before the general election, the deadline for filing shall be four	10885
p.m. on the ~~fiftieth~~thirty-sixth day before the day of the	10886
general election.	10887

(c) Each nominating petition referred to in division	10888
(A)(1)(b) of this section shall be in the form prescribed in	10889
section 3513.261 of the Revised Code and shall be signed by at	10890
least fifty qualified electors of the territory of the municipal	10891
court. No nominating petition shall be accepted for filing or	10892
filed if it appears on its face to contain signatures aggregating	10893
in number more than twice the minimum aggregate number of	10894
signatures required by this section.	10895

(2) If a judge of a municipal court that has only one judge	10896
is temporarily absent, incapacitated, or otherwise unavailable,	10897
the judge may appoint a substitute who has the qualifications	10898
required by section 1901.06 of the Revised Code or a retired judge	10899
of a court of record who is a qualified elector and a resident of	10900
the territory of the court. If the judge is unable to make the	10901
appointment, the chief justice of the supreme court shall appoint	10902
a substitute. The appointee shall serve during the absence,	10903
incapacity, or unavailability of the incumbent, shall have the	10904
jurisdiction and powers conferred upon the judge of the municipal	10905
court, and shall be styled "acting judge." During that time of	10906
service, the acting judge shall sign all process and records and	10907
shall perform all acts pertaining to the office, except that of	10908
removal and appointment of officers of the court. All courts shall	10909
take judicial notice of the selection and powers of the acting	10910
judge. The incumbent judge shall establish the amount of	10911
compensation of an acting judge upon either a per diem, hourly, or	10912
other basis, but the rate of pay shall not exceed the per diem	10913
amount received by the incumbent judge.	10914

(B) When the volume of cases pending in any municipal court	10915
necessitates an additional judge, the chief justice of the supreme	10916
court, upon the written request of the judge or presiding judge of	10917
that municipal court, may designate a judge of another municipal	10918
court or county court to serve for any period of time that the	10919
chief justice may prescribe. The compensation of a judge so	10920
designated shall be paid from the city treasury or, in the case of	10921
a county-operated municipal court, from the county treasury. In	10922
addition to the annual salary provided for in section 1901.11 of	10923
the Revised Code and in addition to any compensation under	10924
division (A)(5) or (6) of section 141.04 of the Revised Code to	10925
which the judge is entitled in connection with the judge's own	10926
court, a full-time or part-time judge while holding court outside	10927
the judge's territory on the designation of the chief justice	10928
shall receive actual and necessary expenses and compensation as	10929
follows:	10930

(1) A full-time judge shall receive thirty dollars for each	10931
day of the assignment.	10932

(2) A part-time judge shall receive for each day of the	10933
assignment the per diem compensation of the judges of the court to	10934
which the judge is assigned, less the per diem amount paid to	10935
those judges pursuant to section 141.04 of the Revised Code,	10936
calculated on the basis of two hundred fifty working days per	10937
year.	10938

If a request is made by a judge or the presiding judge of a	10939
municipal court to designate a judge of another municipal court	10940
because of the volume of cases in the court for which the request	10941
is made and the chief justice reports, in writing, that no	10942
municipal or county court judge is available to serve by	10943
designation, the judges of the court requesting the designation	10944
may appoint a substitute as provided in division (A)(2) of this	10945
section, who may serve for any period of time that is prescribed	10946
by the chief justice. The substitute judge shall be paid in the	10947
same manner and at the same rate as the incumbent judges, except	10948
that, if the substitute judge is entitled to compensation under	10949
division (A)(5) or (6) of section 141.04 of the Revised Code, then	10950
section 1901.121 of the Revised Code shall govern its payment.	10951

Sec. 2301.02. The number of judges of the court of common	10952
pleas for each county, the time for the next election of the	10953
judges in the several counties, and the beginning of their terms	10954
shall be as follows:	10955

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	10956
elected in 1956, term to begin February 9, 1957;	10957

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	10958
Ottawa, and Union counties, one judge, to be elected in 1954, term	10959
to begin February 9, 1955;	10960

In Auglaize county, one judge, to be elected in 1956, term to	10961
begin January 9, 1957;	10962

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	10963
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	10964
Wyandot counties, one judge, to be elected in 1956, term to begin	10965
January 1, 1957;	10966

In Morrow county, two judges, one to be elected in 1956, term	10967
to begin January 1, 1957, and one to be elected in 2006, term to	10968
begin January 1, 2007;	10969

In Logan county, two judges, one to be elected in 1956, term	10970
to begin January 1, 1957, and one to be elected in 2004, term to	10971
begin January 2, 2005;	10972

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	10973
Shelby, Van Wert, and Williams counties, one judge, to be elected	10974
in 1952, term to begin January 1, 1953;	10975

In Champaign county, two judges, one to be elected in 1952,	10976
term to begin January 1, 1953, and one to be elected in 2008, term	10977
to begin February 10, 2009.	10978

In Harrison and Noble counties, one judge, to be elected in	10979
1954, term to begin April 18, 1955;	10980

In Henry county, two judges, one to be elected in 1956, term	10981
to begin May 9, 1957, and one to be elected in 2004, term to begin	10982
January 1, 2005;	10983

In Putnam county, one judge, to be elected in 1956, term to	10984
begin May 9, 1957;	10985

In Huron county, one judge, to be elected in 1952, term to	10986
begin May 14, 1953;	10987

In Perry county, one judge, to be elected in 1954, term to	10988
begin July 6, 1956;	10989

In Sandusky county, two judges, one to be elected in 1954,	10990
term to begin February 10, 1955, and one to be elected in 1978,	10991
term to begin January 1, 1979;	10992

(B) In Allen county, three judges, one to be elected in 1956,	10993
term to begin February 9, 1957, the second to be elected in 1958,	10994
term to begin January 1, 1959, and the third to be elected in	10995
1992, term to begin January 1, 1993;	10996

In Ashtabula county, three judges, one to be elected in 1954,	10997
term to begin February 9, 1955, one to be elected in 1960, term to	10998
begin January 1, 1961, and one to be elected in 1978, term to	10999
begin January 2, 1979;	11000

In Athens county, two judges, one to be elected in 1954, term	11001
to begin February 9, 1955, and one to be elected in 1990, term to	11002
begin July 1, 1991;	11003

In Erie county, four judges, one to be elected in 1956, term	11004
to begin January 1, 1957, the second to be elected in 1970, term	11005
to begin January 2, 1971, the third to be elected in 2004, term to	11006
begin January 2, 2005, and the fourth to be elected in 2008, term	11007
to begin February 9, 2009;	11008

In Fairfield county, three judges, one to be elected in 1954,	11009
term to begin February 9, 1955, the second to be elected in 1970,	11010
term to begin January 1, 1971, and the third to be elected in	11011
1994, term to begin January 2, 1995;	11012

In Geauga county, two judges, one to be elected in 1956, term	11013
to begin January 1, 1957, and the second to be elected in 1976,	11014
term to begin January 6, 1977;	11015

In Greene county, four judges, one to be elected in 1956,	11016
term to begin February 9, 1957, the second to be elected in 1960,	11017
term to begin January 1, 1961, the third to be elected in 1978,	11018
term to begin January 2, 1979, and the fourth to be elected in	11019
1994, term to begin January 1, 1995;	11020

In Hancock county, two judges, one to be elected in 1952,	11021
term to begin January 1, 1953, and the second to be elected in	11022
1978, term to begin January 1, 1979;	11023

In Lawrence county, two judges, one to be elected in 1954,	11024
term to begin February 9, 1955, and the second to be elected in	11025
1976, term to begin January 1, 1977;	11026

In Marion county, three judges, one to be elected in 1952,	11027
term to begin January 1, 1953, the second to be elected in 1976,	11028
term to begin January 2, 1977, and the third to be elected in	11029
1998, term to begin February 9, 1999;	11030

In Medina county, three judges, one to be elected in 1956,	11031
term to begin January 1, 1957, the second to be elected in 1966,	11032
term to begin January 1, 1967, and the third to be elected in	11033
1994, term to begin January 1, 1995;	11034

In Miami county, two judges, one to be elected in 1954, term	11035
to begin February 9, 1955, and one to be elected in 1970, term to	11036
begin on January 1, 1971;	11037

In Muskingum county, three judges, one to be elected in 1968,	11038
term to begin August 9, 1969, one to be elected in 1978, term to	11039
begin January 1, 1979, and one to be elected in 2002, term to	11040
begin January 2, 2003;	11041

In Portage county, three judges, one to be elected in 1956,	11042
term to begin January 1, 1957, the second to be elected in 1960,	11043
term to begin January 1, 1961, and the third to be elected in	11044
1986, term to begin January 2, 1987;	11045

In Ross county, two judges, one to be elected in 1956, term	11046
to begin February 9, 1957, and the second to be elected in 1976,	11047
term to begin January 1, 1977;	11048

In Scioto county, three judges, one to be elected in 1954,	11049
term to begin February 10, 1955, the second to be elected in 1960,	11050
term to begin January 1, 1961, and the third to be elected in	11051
1994, term to begin January 2, 1995;	11052

In Seneca county, two judges, one to be elected in 1956, term	11053
to begin January 1, 1957, and the second to be elected in 1986,	11054
term to begin January 2, 1987;	11055

In Warren county, four judges, one to be elected in 1954,	11056
term to begin February 9, 1955, the second to be elected in 1970,	11057
term to begin January 1, 1971, the third to be elected in 1986,	11058
term to begin January 1, 1987, and the fourth to be elected in	11059
2004, term to begin January 2, 2005;	11060

In Washington county, two judges, one to be elected in 1952,	11061
term to begin January 1, 1953, and one to be elected in 1986, term	11062
to begin January 1, 1987;	11063

In Wood county, three judges, one to be elected in 1968, term	11064
beginning January 1, 1969, the second to be elected in 1970, term	11065
to begin January 2, 1971, and the third to be elected in 1990,	11066
term to begin January 1, 1991;	11067

In Belmont and Jefferson counties, two judges, to be elected	11068
in 1954, terms to begin January 1, 1955, and February 9, 1955,	11069
respectively;	11070

In Clark county, four judges, one to be elected in 1952, term	11071
to begin January 1, 1953, the second to be elected in 1956, term	11072
to begin January 2, 1957, the third to be elected in 1986, term to	11073
begin January 3, 1987, and the fourth to be elected in 1994, term	11074
to begin January 2, 1995.	11075

In Clermont county, five judges, one to be elected in 1956,	11076
term to begin January 1, 1957, the second to be elected in 1964,	11077
term to begin January 1, 1965, the third to be elected in 1982,	11078
term to begin January 2, 1983, the fourth to be elected in 1986,	11079
term to begin January 2, 1987; and the fifth to be elected in	11080
2006, term to begin January 3, 2007;	11081

In Columbiana county, two judges, one to be elected in 1952,	11082
term to begin January 1, 1953, and the second to be elected in	11083
1956, term to begin January 1, 1957;	11084

In Delaware county, two judges, one to be elected in 1990,	11085
term to begin February 9, 1991, the second to be elected in 1994,	11086
term to begin January 1, 1995;	11087

In Lake county, six judges, one to be elected in 1958, term	11088
to begin January 1, 1959, the second to be elected in 1960, term	11089
to begin January 2, 1961, the third to be elected in 1964, term to	11090
begin January 3, 1965, the fourth and fifth to be elected in 1978,	11091
terms to begin January 4, 1979, and January 5, 1979, respectively,	11092
and the sixth to be elected in 2000, term to begin January 6,	11093
2001;	11094

In Licking county, four judges, one to be elected in 1954,	11095
term to begin February 9, 1955, one to be elected in 1964, term to	11096
begin January 1, 1965, one to be elected in 1990, term to begin	11097
January 1, 1991, and one to be elected in 2004, term to begin	11098
January 1, 2005;	11099

In Lorain county, nine judges, two to be elected in 1952,	11100
terms to begin January 1, 1953, and January 2, 1953, respectively,	11101
one to be elected in 1958, term to begin January 3, 1959, one to	11102
be elected in 1968, term to begin January 1, 1969, two to be	11103
elected in 1988, terms to begin January 4, 1989, and January 5,	11104
1989, respectively, two to be elected in 1998, terms to begin	11105
January 2, 1999, and January 3, 1999, respectively; and one to be	11106
elected in 2006, term to begin January 6, 2007;	11107

In Butler county, eleven judges, one to be elected in 1956,	11108
term to begin January 1, 1957; two to be elected in 1954, terms to	11109
begin January 1, 1955, and February 9, 1955, respectively; one to	11110
be elected in 1968, term to begin January 2, 1969; one to be	11111
elected in 1986, term to begin January 3, 1987; two to be elected	11112
in 1988, terms to begin January 1, 1989, and January 2, 1989,	11113
respectively; one to be elected in 1992, term to begin January 4,	11114
1993; two to be elected in 2002, terms to begin January 2, 2003,	11115
and January 3, 2003, respectively; and one to be elected in 2006,	11116
term to begin January 3, 2007;	11117

In Richland county, four judges, one to be elected in 1956,	11118
term to begin January 1, 1957, the second to be elected in 1960,	11119
term to begin February 9, 1961, the third to be elected in 1968,	11120
term to begin January 2, 1969, and the fourth to be elected in	11121
2004, term to begin January 3, 2005;	11122

In Tuscarawas county, two judges, one to be elected in 1956,	11123
term to begin January 1, 1957, and the second to be elected in	11124
1960, term to begin January 2, 1961;	11125

In Wayne county, two judges, one to be elected in 1956, term	11126
beginning January 1, 1957, and one to be elected in 1968, term to	11127
begin January 2, 1969;	11128

In Trumbull county, six judges, one to be elected in 1952,	11129
term to begin January 1, 1953, the second to be elected in 1954,	11130
term to begin January 1, 1955, the third to be elected in 1956,	11131
term to begin January 1, 1957, the fourth to be elected in 1964,	11132
term to begin January 1, 1965, the fifth to be elected in 1976,	11133
term to begin January 2, 1977, and the sixth to be elected in	11134
1994, term to begin January 3, 1995;	11135

(C) In Cuyahoga county, thirty-nine judges; eight to be	11136
elected in 1954, terms to begin on successive days beginning from	11137
January 1, 1955, to January 7, 1955, and February 9, 1955,	11138
respectively; eight to be elected in 1956, terms to begin on	11139
successive days beginning from January 1, 1957, to January 8,	11140
1957; three to be elected in 1952, terms to begin from January 1,	11141
1953, to January 3, 1953; two to be elected in 1960, terms to	11142
begin on January 8, 1961, and January 9, 1961, respectively; two	11143
to be elected in 1964, terms to begin January 4, 1965, and January	11144
5, 1965, respectively; one to be elected in 1966, term to begin on	11145
January 10, 1967; four to be elected in 1968, terms to begin on	11146
successive days beginning from January 9, 1969, to January 12,	11147
1969; two to be elected in 1974, terms to begin on January 18,	11148
1975, and January 19, 1975, respectively; five to be elected in	11149
1976, terms to begin on successive days beginning January 6, 1977,	11150
to January 10, 1977; two to be elected in 1982, terms to begin	11151
January 11, 1983, and January 12, 1983, respectively; and two to	11152
be elected in 1986, terms to begin January 13, 1987, and January	11153
14, 1987, respectively;	11154

In Franklin county, twenty-two judges; two to be elected in	11155
1954, terms to begin January 1, 1955, and February 9, 1955,	11156
respectively; four to be elected in 1956, terms to begin January	11157
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	11158
begin January 1, 1959, to January 4, 1959; three to be elected in	11159
1968, terms to begin January 5, 1969, to January 7, 1969; three to	11160
be elected in 1976, terms to begin on successive days beginning	11161
January 5, 1977, to January 7, 1977; one to be elected in 1982,	11162
term to begin January 8, 1983; one to be elected in 1986, term to	11163
begin January 9, 1987; two to be elected in 1990, terms to begin	11164
July 1, 1991, and July 2, 1991, respectively; one to be elected in	11165
1996, term to begin January 2, 1997; and one to be elected in	11166
2004, term to begin July 1, 2005;	11167

In Hamilton county, twenty-one judges; eight to be elected in	11168
1966, terms to begin January 1, 1967, January 2, 1967, and from	11169
February 9, 1967, to February 14, 1967, respectively; five to be	11170
elected in 1956, terms to begin from January 1, 1957, to January	11171
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	11172
one to be elected in 1974, term to begin January 15, 1975; one to	11173
be elected in 1980, term to begin January 16, 1981; two to be	11174
elected at large in the general election in 1982, terms to begin	11175
April 1, 1983; one to be elected in 1990, term to begin July 1,	11176
1991; and two to be elected in 1996, terms to begin January 3,	11177
1997, and January 4, 1997, respectively;	11178

In Lucas county, fourteen judges; two to be elected in 1954,	11179
terms to begin January 1, 1955, and February 9, 1955,	11180
respectively; two to be elected in 1956, terms to begin January 1,	11181
1957, and October 29, 1957, respectively; two to be elected in	11182
1952, terms to begin January 1, 1953, and January 2, 1953,	11183
respectively; one to be elected in 1964, term to begin January 3,	11184
1965; one to be elected in 1968, term to begin January 4, 1969;	11185
two to be elected in 1976, terms to begin January 4, 1977, and	11186
January 5, 1977, respectively; one to be elected in 1982, term to	11187
begin January 6, 1983; one to be elected in 1988, term to begin	11188
January 7, 1989; one to be elected in 1990, term to begin January	11189
2, 1991; and one to be elected in 1992, term to begin January 2,	11190
1993;	11191

In Mahoning county, seven judges; three to be elected in	11192
1954, terms to begin January 1, 1955, January 2, 1955, and	11193
February 9, 1955, respectively; one to be elected in 1956, term to	11194
begin January 1, 1957; one to be elected in 1952, term to begin	11195
January 1, 1953; one to be elected in 1968, term to begin January	11196
2, 1969; and one to be elected in 1990, term to begin July 1,	11197
1991;	11198

In Montgomery county, fifteen judges; three to be elected in	11199
1954, terms to begin January 1, 1955, January 2, 1955, and January	11200
3, 1955, respectively; four to be elected in 1952, terms to begin	11201
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	11202
respectively; one to be elected in 1964, term to begin January 3,	11203
1965; one to be elected in 1968, term to begin January 3, 1969;	11204
three to be elected in 1976, terms to begin on successive days	11205
beginning January 4, 1977, to January 6, 1977; two to be elected	11206
in 1990, terms to begin July 1, 1991, and July 2, 1991,	11207
respectively; and one to be elected in 1992, term to begin January	11208
1, 1993.	11209

In Stark county, eight judges; one to be elected in 1958,	11210
term to begin on January 2, 1959; two to be elected in 1954, terms	11211
to begin on January 1, 1955, and February 9, 1955, respectively;	11212
two to be elected in 1952, terms to begin January 1, 1953, and	11213
April 16, 1953, respectively; one to be elected in 1966, term to	11214
begin on January 4, 1967; and two to be elected in 1992, terms to	11215
begin January 1, 1993, and January 2, 1993, respectively;	11216

In Summit county, thirteen judges; four to be elected in	11217
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	11218
1955, and February 9, 1955, respectively; three to be elected in	11219
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	11220
1959, respectively; one to be elected in 1966, term to begin	11221
January 4, 1967; one to be elected in 1968, term to begin January	11222
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	11223
to be elected in 1992, term to begin January 6, 1993; and two to	11224
be elected in 2008, terms to begin January 5, 2009, and January 6,	11225
2009, respectively.	11226

Notwithstanding the foregoing provisions, in any county	11227
having two or more judges of the court of common pleas, in which	11228
more than one-third of the judges plus one were previously elected	11229
at the same election, if the office of one of those judges so	11230
elected becomes vacant more than ~~fifty-six~~forty days prior to the	11231
second general election preceding the expiration of that judge's	11232
term, the office that that judge had filled shall be abolished as	11233
of the date of the next general election, and a new office of	11234
judge of the court of common pleas shall be created. The judge who	11235
is to fill that new office shall be elected for a six-year term at	11236
the next general election, and the term of that judge shall	11237
commence on the first day of the year following that general	11238
election, on which day no other judge's term begins, so that the	11239
number of judges that the county shall elect shall not be reduced.	11240

Judges of the probate division of the court of common pleas	11241
are judges of the court of common pleas but shall be elected	11242
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	11243
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	11244
counties in which the judge of the court of common pleas elected	11245
pursuant to this section also shall serve as judge of the probate	11246
division, except in Lorain county in which the judges of the	11247
domestic relations division of the Lorain county court of common	11248
pleas elected pursuant to this section also shall perform the	11249
duties and functions of the judge of the probate division from	11250
February 9, 2009, through September 28, 2009, and except in Morrow	11251
county in which the judges of the court of common pleas elected	11252
pursuant to this section also shall perform the duties and	11253
functions of the judge of the probate division.	11254

Sec. 3501.02. General elections in the state and its	11255
political subdivisions shall be held as follows:	11256

(A) For the election of electors of president and	11257
vice-president of the United States, in the year of 1932 and every	11258
four years thereafter;	11259

(B) For the election of a member of the senate of the United	11260
States, in the years 1932 and 1934, and every six years after each	11261
of such years; except as otherwise provided for filling vacancies;	11262

(C) For the election of representatives in the congress of	11263
the United States and of elective state and county officers	11264
including elected members of the state board of education, in the	11265
even-numbered years; except as otherwise provided for filling	11266
vacancies;	11267

(D) For municipal and township officers, members of boards of	11268
education, judges and clerks of municipal courts, in the	11269
odd-numbered years;	11270

(E)(1) Proposed constitutional amendments or proposed	11271
measures submitted ~~by the general assembly or~~ by initiative or	11272
referendum petitions to the voters of the state at large may be	11273
submitted to the general election in any year occurring at least	11274
~~sixty days, in case of a referendum, and ninety~~one hundred	11275
twenty-five days~~, in the case of an initiated measure,~~ subsequent	11276
to the filing of the petitions therefor. ~~Proposed~~	11277

(2) Proposed constitutional amendments submitted by the	11278
general assembly to the voters of the state at large may be	11279
submitted at a special election or general election in any year	11280
occurring at least ninety days after the resolution is filed with	11281
the secretary of state. The proposed constitutional amendment may	11282
be submitted to the voters at a special election occurring on the	11283
day in any year specified by division (E) of section 3501.01 of	11284
the Revised Code for the holding of a primary election, ~~when~~if a	11285
special election on that date is designated by the general	11286
assembly in the resolution adopting the proposed constitutional	11287
amendment.	11288

No special election shall be held on a day other than the day	11289
of a general election, unless a law or charter provides otherwise,	11290
regarding the submission of a question or issue to the voters of a	11291
county, township, city, village, or school district.	11292

(F)(1) Notwithstanding any provision of the Revised Code to	11293
the contrary, any question or issue, except a candidacy, to be	11294
voted upon at an election shall be certified, for placement upon	11295
the ballot, to the board of elections not later than four p.m. of	11296
the ninetieth day before the day of the election.	11297

(2) Any question or issue that is certified for placement on	11298
a ballot on or after ~~the effective date of this amendment~~July 2,	11299
2010, shall be certified not later than the ninetieth day before	11300
the day of the applicable election, notwithstanding any deadlines	11301
appearing in any section of the Revised Code governing the	11302
placement of that question or issue on the ballot.	11303

Sec. 3513.31. (A) If a person nominated in a primary	11304
election as a candidate for election at the next general election,	11305
whose candidacy is to be submitted to the electors of the entire	11306
state, withdraws as that candidate or is disqualified as that	11307
candidate under section 3513.052 of the Revised Code, the vacancy	11308
in the party nomination so created may be filled by the state	11309
central committee of the major political party that made the	11310
nomination at the primary election, if the committee's chairperson	11311
and secretary certify the name of the person selected to fill the	11312
vacancy by the time specified in this division, at a meeting	11313
called for that purpose. The meeting shall be called by the	11314
chairperson of that committee, who shall give each member of the	11315
committee at least two days' notice of the time, place, and	11316
purpose of the meeting. If a majority of the members of the	11317
committee are present at the meeting, a majority of those present	11318
may select a person to fill the vacancy. The chairperson and	11319
secretary of the meeting shall certify in writing and under oath	11320
to the secretary of state, not later than the eighty-sixth day	11321
before the day of the general election, the name of the person	11322
selected to fill the vacancy. The certification must be	11323
accompanied by the written acceptance of the nomination by the	11324
person whose name is certified. A vacancy that may be filled by an	11325
intermediate or minor political party shall be filled in	11326
accordance with the party's rules by authorized officials of the	11327
party. Certification must be made as in the manner provided for a	11328
major political party.	11329

(B) If a person nominated in a primary election as a party	11330
candidate for election at the next general election, whose	11331
candidacy is to be submitted to the electors of a district	11332
comprised of more than one county but less than all of the	11333
counties of the state, withdraws as that candidate or is	11334
disqualified as that candidate under section 3513.052 of the	11335
Revised Code, the vacancy in the party nomination so created may	11336
be filled by a district committee of the major political party	11337
that made the nomination at the primary election, if the	11338
committee's chairperson and secretary certify the name of the	11339
person selected to fill the vacancy by the time specified in this	11340
division, at a meeting called for that purpose. The district	11341
committee shall consist of the chairperson and secretary of the	11342
county central committee of such political party in each county in	11343
the district. The district committee shall be called by the	11344
chairperson of the county central committee of such political	11345
party of the most populous county in the district, who shall give	11346
each member of the district committee at least two days' notice of	11347
the time, place, and purpose of the meeting. If a majority of the	11348
members of the district committee are present at the district	11349
committee meeting, a majority of those present may select a person	11350
to fill the vacancy. The chairperson and secretary of the meeting	11351
shall certify in writing and under oath to the board of elections	11352
of the most populous county in the district, not later than four	11353
p.m. of the eighty-sixth day before the day of the general	11354
election, the name of the person selected to fill the vacancy. The	11355
certification must be accompanied by the written acceptance of the	11356
nomination by the person whose name is certified. A vacancy that	11357
may be filled by an intermediate or minor political party shall be	11358
filled in accordance with the party's rules by authorized	11359
officials of the party. Certification must be made as in the	11360
manner provided for a major political party.	11361

(C) If a person nominated in a primary election as a party	11362
candidate for election at the next general election, whose	11363
candidacy is to be submitted to the electors of a county,	11364
withdraws as that candidate or is disqualified as that candidate	11365
under section 3513.052 of the Revised Code, the vacancy in the	11366
party nomination so created may be filled by the county central	11367
committee of the major political party that made the nomination at	11368
the primary election, or by the county executive committee if so	11369
authorized, if the committee's chairperson and secretary certify	11370
the name of the person selected to fill the vacancy by the time	11371
specified in this division, at a meeting called for that purpose.	11372
The meeting shall be called by the chairperson of that committee,	11373
who shall give each member of the committee at least two days'	11374
notice of the time, place, and purpose of the meeting. If a	11375
majority of the members of the committee are present at the	11376
meeting, a majority of those present may select a person to fill	11377
the vacancy. The chairperson and secretary of the meeting shall	11378
certify in writing and under oath to the board of that county, not	11379
later than four p.m. of the eighty-sixth day before the day of the	11380
general election, the name of the person selected to fill the	11381
vacancy. The certification must be accompanied by the written	11382
acceptance of the nomination by the person whose name is	11383
certified. A vacancy that may be filled by an intermediate or	11384
minor political party shall be filled in accordance with the	11385
party's rules by authorized officials of the party. Certification	11386
must be made as in the manner provided for a major political	11387
party.	11388

(D) If a person nominated in a primary election as a party	11389
candidate for election at the next general election, whose	11390
candidacy is to be submitted to the electors of a district within	11391
a county, withdraws as that candidate or is disqualified as that	11392
candidate under section 3513.052 of the Revised Code, the vacancy	11393
in the party nomination so created may be filled by a district	11394
committee consisting of those members of the county central	11395
committee or, if so authorized, those members of the county	11396
executive committee in that county of the major political party	11397
that made the nomination at the primary election who represent the	11398
precincts or the wards and townships within the district, if the	11399
committee's chairperson and secretary certify the name of the	11400
person selected to fill the vacancy by the time specified in this	11401
division, at a meeting called for that purpose. The district	11402
committee meeting shall be called by the chairperson of the county	11403
central committee or executive committee, as appropriate, who	11404
shall give each member of the district committee at least two	11405
days' notice of the time, place, and purpose of the meeting. If a	11406
majority of the members of the district committee are present at	11407
the district committee meeting, a majority of those present may	11408
select a person to fill the vacancy. The chairperson and secretary	11409
of the district committee meeting shall certify in writing and	11410
under oath to the board of the county, not later than four p.m. of	11411
the eighty-sixth day before the day of the general election, the	11412
name of the person selected to fill the vacancy. The certification	11413
must be accompanied by the written acceptance of the nomination by	11414
the person whose name is certified. A vacancy that may be filled	11415
by an intermediate or minor political party shall be filled in	11416
accordance with the party's rules by authorized officials of the	11417
party. Certification must be made as in the manner provided for a	11418
major political party.	11419

(E) If a person nominated in a primary election as a party	11420
candidate for election at the next general election, whose	11421
candidacy is to be submitted to the electors of a subdivision	11422
within a county, withdraws as that candidate or is disqualified as	11423
that candidate under section 3513.052 of the Revised Code, the	11424
vacancy in the party nomination so created may be filled by a	11425
subdivision committee consisting of those members of the county	11426
central committee or, if so authorized, those members of the	11427
county executive committee in that county of the major political	11428
party that made the nomination at that primary election who	11429
represent the precincts or the wards and townships within that	11430
subdivision, if the committee's chairperson and secretary certify	11431
the name of the person selected to fill the vacancy by the time	11432
specified in this division, at a meeting called for that purpose.	11433

The subdivision committee meeting shall be called by the	11434
chairperson of the county central committee or executive	11435
committee, as appropriate, who shall give each member of the	11436
subdivision committee at least two days' notice of the time,	11437
place, and purpose of the meeting. If a majority of the members of	11438
the subdivision committee are present at the subdivision committee	11439
meeting, a majority of those present may select a person to fill	11440
the vacancy. The chairperson and secretary of the subdivision	11441
committee meeting shall certify in writing and under oath to the	11442
board of the county, not later than four p.m. of the eighty-sixth	11443
day before the day of the general election, the name of the person	11444
selected to fill the vacancy. The certification must be	11445
accompanied by the written acceptance of the nomination by the	11446
person whose name is certified. A vacancy that may be filled by an	11447
intermediate or minor political party shall be filled in	11448
accordance with the party's rules by authorized officials of the	11449
party. Certification must be made in the manner provided for a	11450
major political party.	11451

(F) If a person nominated by petition as an independent or	11452
nonpartisan candidate for election at the next general election	11453
withdraws as that candidate or is disqualified as that candidate	11454
under section 3513.052 of the Revised Code, the vacancy so created	11455
may be filled by a majority of the committee of five, as	11456
designated on the candidate's nominating petition, if a member of	11457
that committee certifies in writing and under oath to the election	11458
officials with whom the candidate filed the candidate's nominating	11459
petition, not later than the eighty-sixth day before the day of	11460
the general election, the name of the person selected to fill the	11461
vacancy. The certification shall be accompanied by the written	11462
acceptance of the nomination by the person whose name is certified	11463
and shall be made in the manner provided for a major political	11464
party.	11465

(G) If a person nominated in a primary election as a party	11466
candidate for election at the next general election dies, the	11467
vacancy so created may be filled by the same committee in the same	11468
manner as provided in this section for the filling of similar	11469
vacancies created by withdrawals or disqualifications under	11470
section 3513.052 of the Revised Code, except that the	11471
certification, when filling a vacancy created by death, may not be	11472
filed with the secretary of state, or with a board of the most	11473
populous county of a district, or with the board of a county in	11474
which the major portion of the population of a subdivision is	11475
located, later than four p.m. of the tenth day before the day of	11476
such general election, or with any other board later than four	11477
p.m. of the fifth day before the day of such general election.	11478

(H) If a person nominated by petition as an independent or	11479
nonpartisan candidate for election at the next general election	11480
dies prior to the tenth day before the day of that general	11481
election, the vacancy so created may be filled by a majority of	11482
the committee of five designated in the nominating petition to	11483
represent the candidate named in it. To fill the vacancy a member	11484
of the committee shall, not later than four p.m. of the fifth day	11485
before the day of the general election, file with the election	11486
officials with whom the petition nominating the person was filed,	11487
a certificate signed and sworn to under oath by a majority of the	11488
members, designating the person they select to fill the vacancy.	11489
The certification must be accompanied by the written acceptance of	11490
the nomination by the person whose name is so certified.	11491

(I) If a person holding an elective office dies or resigns	11492
subsequent to the one hundred fifteenth day before the day of a	11493
primary election and prior to the eighty-sixth day before the day	11494
of the next general election, and if, under the laws of this	11495
state, a person may be elected at that general election to fill	11496
the unexpired term of the person who has died or resigned, the	11497
appropriate committee of each political party, acting as in the	11498
case of a vacancy in a party nomination, as provided in divisions	11499
(A) to (D) of this section, may select a person as the party	11500
candidate for election for such unexpired term at that general	11501
election, and certify the person's name to the appropriate	11502
election official not later than four p.m. on the eighty-sixth day	11503
before the day of that general election, or on the tenth day	11504
following the day on which the vacancy occurs, whichever is later.	11505
When the vacancy occurs on or subsequent to the eighty-sixth day	11506
and six or more days prior to the ~~fifty-sixth~~fortieth day before	11507
the general election, the appropriate committee may select a	11508
person as the party candidate and certify the person's name, as	11509
provided in the preceding sentence, not later than four p.m. on	11510
the ~~fiftieth~~tenth day following the day on which the vacancy	11511
occurs. When the vacancy occurs fewer than six days before the	11512
fortieth day before the general election, the deadline for filing	11513
shall be four p.m. on the thirty-sixth day before the general	11514
election. Thereupon the name shall be printed as the party	11515
candidate under proper titles and in the proper place on the	11516
proper ballots for use at the election. If a person has been	11517
nominated in a primary election, the authorized committee of that	11518
political party shall not select and certify a person as the party	11519
candidate.	11520

(J) Each person desiring to become an independent candidate	11521
to fill the unexpired term shall file a statement of candidacy and	11522
nominating petition, as provided in section 3513.261 of the	11523
Revised Code, with the appropriate election official not later	11524
than four p.m. on the tenth day following the day on which the	11525
vacancy occurs, provided that when the vacancy occurs fewer than	11526
six days before the fifty-sixth day before the general election,	11527
the deadline for filing shall be four p.m. on the fiftieth day	11528
before the general election. The nominating petition shall contain	11529
at least seven hundred fifty signatures and no more than one	11530
thousand five hundred signatures of qualified electors of the	11531
district, political subdivision, or portion of a political	11532
subdivision in which the office is to be voted upon, or the amount	11533
provided for in section 3513.257 of the Revised Code, whichever is	11534
less.	11535

(K) When a person nominated as a candidate by a political	11536
party in a primary election or by nominating petition for an	11537
elective office for which candidates are nominated at a party	11538
primary election withdraws, dies, or is disqualified under section	11539
3513.052 of the Revised Code prior to the general election, the	11540
appropriate committee of any other major political party or	11541
committee of five that has not nominated a candidate for that	11542
office, or whose nominee as a candidate for that office has	11543
withdrawn, died, or been disqualified without the vacancy so	11544
created having been filled, may, acting as in the case of a	11545
vacancy in a party nomination or nomination by petition as	11546
provided in divisions (A) to (F) of this section, whichever is	11547
appropriate, select a person as a candidate of that party or of	11548
that committee of five for election to the office.	11549

Section 4. That existing sections 3.02, 302.09, 305.02,	11550
503.24, 733.31, 1901.10, 2301.02, 3501.02, and 3513.31 of the	11551
Revised Code are hereby repealed.	11552

Section 5. Directives 2011-01 and 2009-21 issued by the	11553
secretary of state are hereafter void and shall not be enforced or	11554
have effect on or after the effective date of sections 3517.01 and	11555
3517.012 of the Revised Code, as amended by this act.	11556

Section 6. A board of elections shall rearrange and combine	11557
precincts within the applicable county as necessary to comply with	11558
the minimum precinct size requirements established in section	11559
3501.18 of the Revised Code, as amended by this act, not later	11560
than December 31, 2011.	11561

Section 7. The amendment of section 3517.01 of the Revised	11562
Code by Sections 1 and 2 of this act shall supersede the	11563
provisions of rule 111-3-05 of the Administrative Code. On and	11564
after the effective date of section 3517.01 of the Revised Code,	11565
as amended by this act, rule 111-3-05 of the Administrative Code	11566
shall be void and have no further effect.	11567