Cosponsors:
Representatives Mecklenborg, Adams, J., Rosenberger, Pillich, Thompson, Wachtmann, Grossman, Combs, Murray, Butler, Maag, Uecker, Buchy, Celeste, Gardner, Huffman, Letson, Lundy, Patmon, Sprague, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Balderson, Barnes, Beck, Blair, Blessing, Boose, Boyd, Brenner, Bubp, Budish, Carney, Clyde, Conditt, Damschroder, DeGeeter, Derickson, Driehaus, Duffey, Garland, Gentile, Gerberry, Goyal, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Henne, Hottinger, Johnson, Kozlowski, Landis, Mallory, Martin, McClain, McGregor, McKenney, Milkovich, Newbold, O'Brien, Peterson, Phillips, Reece, Roegner, Ruhl, Schuring, Sears, Slaby, Stautberg, Stebelton, Sykes, Szollosi, Weddington, Winburn, Young, Yuko Speaker Batchelder
Senators Grendell, Turner, Brown, Jordan, Bacon, Coley, Daniels, Faber, Hite, Hughes, LaRose, Lehner, Manning, Niehaus, Oelslager, Patton, Sawyer, Schaffer, Wagoner, Widener, Wilson
Section 1. That sections 3501.13, 3503.02, 3503.14, 3503.19, | 22 |
3503.191, 3503.28, 3505.18, 3505.181, 3505.183, 3509.021, 3509.03, | 23 |
3509.04, 3509.05, 3509.07, 3511.01, 3511.02, 3511.021, 3511.04, | 24 |
3511.05, 3511.09, 3511.10, 3511.11, and 3511.14 be amended, | 25 |
section 3511.01 (3511.011) be amended for the purpose of adopting | 26 |
a new section number as indicated in parentheses, and that new | 27 |
section 3511.01 and sections 3509.10, 3511.15, and 3511.16 of the | 28 |
Revised Code be enacted to read as follows: | 29 |
Sec. 3501.13. (A) The director of the board of elections | 30 |
shall keep a full and true record of the proceedings of the board | 31 |
and of all moneys received and expended; file and preserve in the | 32 |
board's office all orders and records pertaining to the | 33 |
administration of registrations, primaries, and elections; receive | 34 |
and have the custody of all books, papers, and property belonging | 35 |
to the board; and perform other duties in connection with the | 36 |
office of director and the proper conduct of elections as the | 37 |
board determines. | 38 |
(B) Before entering upon the duties of the office, the | 39 |
director shall subscribe to an oath that the director will support | 40 |
the Constitution of the United States and the Ohio Constitution, | 41 |
perform all the duties of the office to the best of the director's | 42 |
ability, enforce the election laws, and preserve all records, | 43 |
documents, and other property pertaining to the conduct of | 44 |
elections placed in the director's custody. | 45 |
(C) The director may administer oaths to persons required by | 46 |
law to file certificates or other papers with the board, to | 47 |
precinct election officials, to witnesses who are called to | 48 |
testify before the board, and to voters filling out blanks at the | 49 |
board's offices. Except as otherwise provided by state or federal | 50 |
law, the records of the board and papers and books filed in its | 51 |
office are public records and open to inspection under such | 52 |
reasonable regulations as shall be established by the board. The | 53 |
social security number or any part thereof of any elector or of | 54 |
any applicant for voter registration is not a public record. The | 55 |
board shall redact any such number from any record that it makes | 56 |
open to public inspection or copying under this section. | 57 |
(c) A copy of a current and valid photo identification, a | 146 |
copy of a military identification, a copy of a United States | 147 |
passport, or a copy of a current utility bill, bank statement, | 148 |
government check, paycheck, or other government document, other | 149 |
than a notice of voter registration mailed by a board of elections | 150 |
under section 3503.19 of the Revised Code, that shows the voter's | 151 |
name and address. | 152 |
Except for forms prescribed by the secretary of state under | 159 |
section 3503.11 of the Revised Code, the secretary of state shall | 160 |
permit boards of elections to produce forms that have subdivided | 161 |
spaces for each individual alphanumeric character of the | 162 |
information provided by the voter so as to accommodate the | 163 |
electronic reading and conversion of the voter's information to | 164 |
data and the subsequent electronic transfer of that data to the | 165 |
statewide voter registration database established under section | 166 |
3503.15 of the Revised Code. | 167 |
(C) Except as provided in section 3501.382 of the Revised | 184 |
Code, any applicant who is unable to sign the applicant's own name | 185 |
shall make an "X," if possible, which shall be certified by the | 186 |
signing of the name of the applicant by the person filling out the | 187 |
form, who shall add the person's own signature. If an applicant is | 188 |
unable to make an "X," the applicant shall indicate in some manner | 189 |
that the applicant desires to register to vote or to change the | 190 |
applicant's name or residence. The person registering the | 191 |
applicant shall sign the form and attest that the applicant | 192 |
indicated that the applicant desired to register to vote or to | 193 |
change the applicant's name or residence. | 194 |
Sec. 3503.19. (A) Persons qualified to register or to change | 211 |
their registration because of a change of address or change of | 212 |
name may register or change their registration in person or | 213 |
through another person at any state or local office of a | 214 |
designated agency, at the office of the registrar or any deputy | 215 |
registrar of motor vehicles, at a public high school or vocational | 216 |
school, at a public library, at the office of a county treasurer, | 217 |
or at a branch office established by the board of elections, or in | 218 |
person, through another person, or by mail at the office of the | 219 |
secretary of state or at the office of a board of elections. A | 220 |
registered elector may also change the elector's registration on | 221 |
election day at any polling place where the elector is eligible to | 222 |
vote, in the manner provided under section 3503.16 of the Revised | 223 |
Code. | 224 |
Any state or local office of a designated agency, the office | 225 |
of the registrar or any deputy registrar of motor vehicles, a | 226 |
public high school or vocational school, a public library, or the | 227 |
office of a county treasurer shall transmit any voter registration | 228 |
application or change of registration form that it receives to the | 229 |
board of elections of the county in which the state or local | 230 |
office is located, within five business days after receiving the | 231 |
voter registration application or change of registration form. | 232 |
An otherwise valid voter registration application that is | 233 |
returned to the appropriate office other than by mail must be | 234 |
received by a state or local office of a designated agency, the | 235 |
office of the registrar or any deputy registrar of motor vehicles, | 236 |
a public high school or vocational school, a public library, the | 237 |
office of a county treasurer, the office of the secretary of | 238 |
state, or the office of a board of elections no later than the | 239 |
thirtieth day preceding a primary, special, or general election | 240 |
for the person to qualify as an elector eligible to vote at that | 241 |
election. An otherwise valid registration application received | 242 |
after that day entitles the elector to vote at all subsequent | 243 |
elections. | 244 |
Voter registration applications, if otherwise valid, that are | 252 |
returned by mail to the office of the secretary of state or to the | 253 |
office of a board of elections must be postmarked no later than | 254 |
the thirtieth day preceding a primary, special, or general | 255 |
election in order for the person to qualify as an elector eligible | 256 |
to vote at that election. If an otherwise valid voter registration | 257 |
application that is returned by mail does not bear a postmark or a | 258 |
legible postmark, the registration shall be valid for that | 259 |
election if received by the office of the secretary of state or | 260 |
the office of a board of elections no later than twenty-five days | 261 |
preceding any special, primary, or general election. | 262 |
(B)(1) Any person may apply in person, by telephone, by mail, | 263 |
or through another person for voter registration forms to the | 264 |
office of the secretary of state or the office of a board of | 265 |
elections. An individual who is eligible to vote as a uniformed | 266 |
services voter or an overseas voter in accordance with 42 U.S.C. | 267 |
1973ff-6 also may apply for voter registration forms by electronic | 268 |
means to the office of the secretary of state or to the board of | 269 |
elections of the county in which the person's voting residence is | 270 |
located pursuant to section 3503.191 of the Revised Code. | 271 |
(2)(a) An applicant may return the applicant's completed | 272 |
registration form in person or through another person to any state | 273 |
or local office of a designated agency, to a public high school or | 274 |
vocational school, to a public library, to the office of a county | 275 |
treasurer, to the office of the secretary of state, or to the | 276 |
office of a board of elections. An applicant who is eligible to | 277 |
vote as a uniformed services voter or an overseas voter in | 278 |
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's | 279 |
completed voter registration form electronically to the office of | 280 |
the secretary of state or to the board of elections of the county | 281 |
in which the person's voting residence is located pursuant to | 282 |
section 3503.191 of the Revised Code. | 283 |
(d) If a board of elections or the office of the secretary of | 292 |
state receives a registration form under division (B)(2)(b) or (c) | 293 |
of this section before the thirtieth day before an election, the | 294 |
board or the office of the secretary of state, as applicable, | 295 |
shall forward the registration to the board of elections of the | 296 |
county in which the applicant is seeking to register to vote | 297 |
within ten days after receiving the application. If a board of | 298 |
elections or the office of the secretary of state receives a | 299 |
registration form under division (B)(2)(b) or (c) of this section | 300 |
on or after the thirtieth day before an election, the board or the | 301 |
office of the secretary of state, as applicable, shall forward the | 302 |
registration to the board of elections of the county in which the | 303 |
applicant is seeking to register to vote within thirty days after | 304 |
that election. | 305 |
"Voters must bring identification to the polls in order to | 316 |
verify identity. Identification may include a current and valid | 317 |
photo identification, a military identification, a United States | 318 |
passport, or a copy of a current utility bill, bank statement, | 319 |
government check, paycheck, or other government document, other | 320 |
than this notification, that shows the voter's name and current | 321 |
address. Voters who do not provide one of these documents will | 322 |
still be able to vote by providing the voter's social security | 323 |
number and by casting a provisional ballot." | 324 |
At the first election at which a voter whose name has been so | 334 |
marked appears to vote, the voter shall be required to provide | 335 |
identification to the election officials and to vote by | 336 |
provisional ballot under section 3505.181 of the Revised Code. If | 337 |
the provisional ballot is counted pursuant to division (B)(3) of | 338 |
section 3505.183 of the Revised Code, the board shall correct that | 339 |
voter's registration, if needed, and shall remove the indication | 340 |
that the voter's notification was returned from that voter's name | 341 |
on the official registration list and on the poll list or | 342 |
signature pollbook. If the provisional ballot is not counted | 343 |
pursuant to division (B)(4)(a)(i) or (v) of section 3505.183 of | 344 |
the Revised Code, the voter's registration shall be canceled. The | 345 |
board shall notify the voter by United States mail of the | 346 |
cancellation. | 347 |
(3) If a notice of the disposition of an otherwise valid | 348 |
registration application is sent by nonforwardable mail and is | 349 |
returned undelivered, the person shall be registered as provided | 350 |
in division (C)(2) of this section and sent a confirmation notice | 351 |
by forwardable mail. If the person fails to respond to the | 352 |
confirmation notice, update the person's registration, or vote by | 353 |
provisional ballot as provided in division (C)(2) of this section | 354 |
in any election during the period of two federal elections | 355 |
subsequent to the mailing of the confirmation notice, the person's | 356 |
registration shall be canceled. | 357 |
(C) The secretary of state shall, by rule, establish and | 372 |
maintain reasonable procedures necessary to protect the security, | 373 |
confidentiality, and integrity of personal information that is | 374 |
confidential under state or federal law that is collected, stored, | 375 |
or otherwise used in the electronic voter registration form | 376 |
request process established under this section. To the extent | 377 |
practicable, the procedures shall protect the security and | 378 |
integrity of the electronic voter registration form request | 379 |
process and protect the privacy of the identity and personal data | 380 |
of the person when such forms are requested, processed, and sent. | 381 |
(D) In establishing procedures under this section, the | 382 |
secretary of state shall designate at least one means of | 383 |
electronic communication for use by such persons to request voter | 384 |
registration forms, for use by the state to send voter | 385 |
registration forms to those who have requested electronic | 386 |
delivery, and for providing public election and voting | 387 |
information. Such designated means of electronic communication | 388 |
shall be identified on all information and instructional materials | 389 |
that accompany balloting materials. | 390 |
"Voters must bring identification to the polls in order to | 407 |
verify identity. Identification may include a current and valid | 408 |
photo identification, a military identification, a United States | 409 |
passport, or a copy of a current utility bill, bank statement, | 410 |
government check, paycheck, or other government document, other | 411 |
than a voter registration notification sent by a board of | 412 |
elections, that shows the voter's name and current address. Voters | 413 |
who do not provide one of these documents will still be able to | 414 |
vote by providing the voter's social security number and by | 415 |
casting a provisional ballot." | 416 |
Sec. 3505.18. (A)(1) When an elector appears in a polling | 430 |
place to vote, the elector shall announce to the precinct election | 431 |
officials the elector's full name and current address and provide | 432 |
proof of the elector's identity in the form of a current and valid | 433 |
photo identification, a military identification, a United States | 434 |
passport, or a copy of a current utility bill, bank statement, | 435 |
government check, paycheck, or other government document, other | 436 |
than a notice of voter registration mailed by a board of elections | 437 |
under section 3503.19 of the Revised Code, that shows the name and | 438 |
current address of the elector. | 439 |
(B) After the elector has announced the elector's full name | 452 |
and current address and provided any of the forms of | 453 |
identification required under division (A)(1) of this section, the | 454 |
elector shall write the elector's signature at the proper place in | 455 |
the poll list or signature pollbook provided for the purpose, | 456 |
except that if, for any reason, an elector is unable to write the | 457 |
elector's signature in the poll list or signature pollbook, the | 458 |
elector may make the elector's mark at the place intended for the | 459 |
elector's signature, and a precinct election official shall write | 460 |
the name of the elector at the proper place on the poll list or | 461 |
signature pollbook following the elector's mark. The making of | 462 |
such a mark shall be attested by the precinct election official, | 463 |
who shall evidence the same by signing the precinct election | 464 |
official's name on the poll list or signature pollbook as a | 465 |
witness to the mark. Alternatively, if applicable, an attorney in | 466 |
fact acting pursuant to section 3501.382 of the Revised Code may | 467 |
sign the elector's signature in the poll list or signature | 468 |
pollbook in accordance with that section. | 469 |
The elector's signature in the poll list or signature | 470 |
pollbook then shall be compared with the elector's signature on | 471 |
the elector's registration form or a digitized signature list as | 472 |
provided for in section 3503.13 of the Revised Code, and if, in | 473 |
the opinion of a majority of the precinct election officials, the | 474 |
signatures are the signatures of the same person, the election | 475 |
officials shall enter the date of the election on the registration | 476 |
form or shall record the date by other means prescribed by the | 477 |
secretary of state. The validity of an attorney in fact's | 478 |
signature on behalf of an elector shall be determined in | 479 |
accordance with section 3501.382 of the Revised Code. | 480 |
If the right of the elector to vote is not then challenged, | 481 |
or, if being challenged, the elector establishes the elector's | 482 |
right to vote, the elector shall be allowed to proceed to use the | 483 |
voting machine. If voting machines are not being used in that | 484 |
precinct, the judge in charge of ballots shall then detach the | 485 |
next ballots to be issued to the elector from Stub B attached to | 486 |
each ballot, leaving Stub A attached to each ballot, hand the | 487 |
ballots to the elector, and call the elector's name and the stub | 488 |
number on each of the ballots. The judge shall enter the stub | 489 |
numbers opposite the signature of the elector in the pollbook. The | 490 |
elector shall then retire to one of the voting compartments to | 491 |
mark the elector's ballots. No mark shall be made on any ballot | 492 |
which would in any way enable any person to identify the person | 493 |
who voted the ballot. | 494 |
(b) The appropriate state or local election official shall | 575 |
establish a free access system, in the form of a toll-free | 576 |
telephone number, that any individual who casts a provisional | 577 |
ballot may access to discover whether the vote of that individual | 578 |
was counted, and, if the vote was not counted, the reason that the | 579 |
vote was not counted. The free access system established under | 580 |
this division also shall provide to an individual whose | 581 |
provisional ballot was not counted information explaining how that | 582 |
individual may contact the board of elections to register to vote | 583 |
or to resolve problems with the individual's voter registration. | 584 |
(C)(1) If an individual declares that the individual is | 592 |
eligible to vote in a jurisdiction other than the jurisdiction in | 593 |
which the individual desires to vote, or if, upon review of the | 594 |
precinct voting location guide using the residential street | 595 |
address provided by the individual, an election official at the | 596 |
polling place at which the individual desires to vote determines | 597 |
that the individual is not eligible to vote in that jurisdiction, | 598 |
the election official may direct the individual to the polling | 599 |
place for the jurisdiction in which the individual appears to be | 600 |
eligible to vote, explain that the individual may cast a | 601 |
provisional ballot at the current location but the ballot will not | 602 |
be counted if it is cast in the wrong precinct, and provide the | 603 |
telephone number of the board of elections in case the individual | 604 |
has additional questions. It is the duty of the individual casting | 605 |
the ballot to ensure that the individual is casting that ballot in | 606 |
the correct precinct. | 607 |
(F) Nothing in this section or section 3505.183 of the | 656 |
Revised Code is in derogation of section 3505.24 of the Revised | 657 |
Code, which permits a blind, disabled, or illiterate elector to | 658 |
receive assistance in the marking of the elector's ballot by two | 659 |
precinct election officials of different political parties. A | 660 |
blind, disabled, or illiterate elector may receive assistance in | 661 |
marking that elector's provisional ballot and in completing the | 662 |
required affirmation in the same manner as an elector may receive | 663 |
assistance on the day of an election under that section. | 664 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 665 |
the board of elections from the precincts, the board shall | 666 |
separate the provisional ballot envelopes from the rest of the | 667 |
ballots. Teams of employees of the board consisting of one member | 668 |
of each major political party shall place the sealed provisional | 669 |
ballot envelopes in a secure location within the office of the | 670 |
board. The sealed provisional ballot envelopes shall remain in | 671 |
that secure location until the validity of those ballots is | 672 |
determined under division (B) of this section. | 673 |
(B)(1) To determine whether a provisional ballot is valid and | 674 |
entitled to be counted, the board shall examine the affirmation | 675 |
executed by the provisional voter, the statewide voter | 676 |
registration database, and other records maintained by the board | 677 |
of elections and determine whether the individual who cast the | 678 |
provisional ballot is registered and eligible to vote in the | 679 |
applicable election. The board shall examine the information | 680 |
contained in the written affirmation executed by the individual | 681 |
who cast the provisional ballot under division (B)(2) of section | 682 |
3505.181 of the Revised Code. If the provisional voter provided | 683 |
identification at the board of elections prior to the close of the | 684 |
polls under division (A)(2)(a) of section 3505.18 of the Revised | 685 |
Code, the board of elections shall match that voter's provisional | 686 |
ballot envelope with the corresponding voter's identification and | 687 |
consider that provisional voter to have provided the required | 688 |
identification at the polling place at the time the ballot was | 689 |
cast when determining the validity of the provisional ballot. If | 690 |
the provisional voter provided the individual's social security | 691 |
number on the provisional ballot envelope under division (A)(2)(b) | 692 |
of that section, the board of elections shall verify that voter's | 693 |
social security number with records maintained by the bureau of | 694 |
motor vehicles. If those records correspond, the board of | 695 |
elections shall consider that provisional voter to have provided | 696 |
the required identification at the polling place at the time the | 697 |
ballot was cast. | 698 |
(c) The individual provided all of the information required | 730 |
under division (B)(1) of this section in the affirmation that the | 731 |
individual executed at the time the individual cast the | 732 |
provisional ballot, or the individual provided all of the | 733 |
information required under division (B)(1) of this section with | 734 |
the exception of the required identification, which identification | 735 |
was provided at the board of elections prior to the close of the | 736 |
polls or verified by matching the social security number provided | 737 |
on the voter's provisional ballot envelope records maintained by | 738 |
the bureau of motor vehicles. | 739 |
(v) The elector cast a provisional ballot under division | 764 |
(A)(2) of section 3505.181 of the Revised Code and failed to | 765 |
provide the required identification under division (A)(2)(a) of | 766 |
section 3505.18 of the Revised Code, failed to provide the | 767 |
elector's social security number under division (A)(2)(b) of that | 768 |
section, or could not be positively identified because the | 769 |
elector's social security number did not match the records | 770 |
maintained by the bureau of motor vehicles under that division | 771 |
last four digits of the elector's social security number or the | 772 |
elector's driver's license number or state identification number | 773 |
are different from the last four digits of the elector's social | 774 |
security number or the elector's driver's license number or state | 775 |
identification number contained in the statewide voter | 776 |
registration database. | 777 |
(D) Provisional ballots that the board determines are | 802 |
eligible to be counted under division (B)(2) of this section shall | 803 |
be counted in the same manner as provided for other ballots under | 804 |
section 3505.27 of the Revised Code. No provisional ballots shall | 805 |
be counted in a particular county until the board determines the | 806 |
eligibility to be counted of all provisional ballots cast in that | 807 |
county under division (B) of this section for that election. | 808 |
Observers, as provided in section 3505.21 of the Revised Code, may | 809 |
be present at all times that the board is determining the | 810 |
eligibility of provisional ballots to be counted and counting | 811 |
those provisional ballots determined to be eligible. No person | 812 |
shall recklessly disclose the count or any portion of the count of | 813 |
provisional ballots in such a manner as to jeopardize the secrecy | 814 |
of any individual ballot. | 815 |
(3) A copy of the elector's current and valid photo | 841 |
identification, a copy of a military identification, a copy of a | 842 |
United States passport, or a copy of a current utility bill, bank | 843 |
statement, government check, paycheck, or other government | 844 |
document, other than a notice of voter registration mailed by a | 845 |
board of elections under section 3503.19 of the Revised Code, that | 846 |
shows the name and address of the elector. | 847 |
Each application for absent voter's ballots shall be | 856 |
delivered to the board not earlier than the first day of January | 857 |
of the year of the elections for which the absent voter's ballots | 858 |
are requested or not earlier than ninety days before the day of | 859 |
the election at which the ballots are to be voted, whichever is | 860 |
earlier, and not later than twelve noon of the third day before | 861 |
the day of the election at which the ballots are to be voted, or | 862 |
not later than the close of regular business hourssix p.m. on the | 863 |
daylast Friday before the day of the election at which the | 864 |
ballots are to be voted if the application is delivered in person | 865 |
to the office of the board. | 866 |
(B) Upon receipt by the board of elections of an application | 879 |
for absent voter's ballots that contains all of the required | 880 |
information, as provided by sectionssection 3509.03 and 3509.031 | 881 |
and division (G) of section 3503.16 of the Revised Code, the | 882 |
board, if the board finds that the applicant is a qualified | 883 |
elector, shall deliver to the applicant in person or mail directly | 884 |
to the applicant by special delivery mail, air mail, or regular | 885 |
mail, postage prepaid, proper absent voter's ballots. The board | 886 |
shall deliver or mail with the ballots an unsealed identification | 887 |
envelope upon the face of which shall be printed a form | 888 |
substantially as follows: | 889 |
...... In lieu of providing a driver's license number, state | 916 |
identification card number, or the last four digits of my Social | 917 |
Security Number, I am enclosing a copy of one of the following in | 918 |
the return envelope in which this identification envelope will be | 919 |
mailed: a current and valid photo identification, a military | 920 |
identification, a United States passport, or a current utility | 921 |
bill, bank statement, government check, paycheck, or other | 922 |
government document, other than a notice of voter registration | 923 |
mailed by a board of elections, that shows my name and address. | 924 |
The board of elections shall mail with the ballots and the | 931 |
unsealed identification envelope an unsealed return envelope upon | 932 |
the face of which shall be printed the official title and | 933 |
post-office address of the board. In the upper left corner on the | 934 |
face of the return envelope, several blank lines shall be printed | 935 |
upon which the voter may write the voter's name and return | 936 |
address. The return envelope shall be of such size that the | 937 |
identification envelope can be conveniently placed within it for | 938 |
returning the identification envelope to the board. | 939 |
Sec. 3509.05. (A) When an elector receives an absent voter's | 940 |
ballot pursuant to the elector's application or request, the | 941 |
elector shall, before placing any marks on the ballot, note | 942 |
whether there are any voting marks on it. If there are any voting | 943 |
marks, the ballot shall be returned immediately to the board of | 944 |
elections; otherwise, the elector shall cause the ballot to be | 945 |
marked, folded in a manner that the stub on it and the | 946 |
indorsements and facsimile signatures of the members of the board | 947 |
of elections on it are visible, and placed and sealed within the | 948 |
identification envelope received from the board of elections for | 949 |
that purpose. Then, the elector shall cause the statement of voter | 950 |
on the outside of the identification envelope to be completed and | 951 |
signed, under penalty of election falsification. | 952 |
If the elector does not provide the elector's driver's | 953 |
license number, state identification card number, or the last four | 954 |
digits of the elector's social security number on the statement of | 955 |
voter on the identification envelope, the elector also shall | 956 |
include in the return envelope with the identification envelope a | 957 |
copy of the elector's current valid photo identification, a copy | 958 |
of a military identification, a copy of a United States passport, | 959 |
or a copy of a current utility bill, bank statement, government | 960 |
check, paycheck, or other government document, other than a notice | 961 |
of voter registration mailed by a board of elections under section | 962 |
3503.19 of the Revised Code, that shows the name and address of | 963 |
the elector. | 964 |
The elector shall mail the identification envelope to the | 965 |
board of elections from which it was received in the return | 966 |
envelope, postage prepaid, or the elector may personally deliver | 967 |
it to the office of the board, or the spouse of the elector, the | 968 |
father, mother, father-in-law, mother-in-law, grandfather, | 969 |
grandmother, brother, or sister of the whole or half blood, or the | 970 |
son, daughter, adopting parent, adopted child, stepparent, | 971 |
stepchild, uncle, aunt, nephew, or niece of the elector may | 972 |
deliver it to the board. The return envelope shall be transmitted | 973 |
to the board in no other manner, except as provided in section | 974 |
3509.08 of the Revised Code. | 975 |
When absent voter's ballots are delivered to an elector at | 976 |
the office of the board, the elector may retire to a voting | 977 |
compartment provided by the board and there mark the ballots. | 978 |
Thereupon, the elector shall fold them, place them in the | 979 |
identification envelope provided, seal the envelope, fill in and | 980 |
sign the statement on the envelope under penalty of election | 981 |
falsification, and deliver the envelope to the board. | 982 |
Except as otherwise provided in division (B) of this section, | 983 |
all other envelopes containing marked absent voter's ballots shall | 984 |
be delivered to the board not later than the close of the polls on | 985 |
the day of an election. Absent voter's ballots delivered to the | 986 |
board later than the times specified shall not be counted, but | 987 |
shall be kept by the board in the sealed identification envelopes | 988 |
in which they are delivered to the board, until the time provided | 989 |
by section 3505.31 of the Revised Code for the destruction of all | 990 |
other ballots used at the election for which ballots were | 991 |
provided, at which time they shall be destroyed. | 992 |
(B)(1) Except as otherwise provided in division (B)(2) of | 993 |
this section, any return envelope that is postmarked prior to the | 994 |
day of the election shall be delivered to the board prior to the | 995 |
eleventh day after the election. Ballots delivered in envelopes | 996 |
postmarked prior to the day of the election that are received | 997 |
after the close of the polls on election day through the tenth day | 998 |
thereafter shall be counted on the eleventh day at the board of | 999 |
elections in the manner provided in divisions (C) and (D) of | 1000 |
section 3509.06 of the Revised Code. Any such ballots that are | 1001 |
received by the board later than the tenth day following the | 1002 |
election shall not be counted, but shall be kept by the board in | 1003 |
the sealed identification envelopes as provided in division (A) of | 1004 |
this section. | 1005 |
(C) Upon receipt of any return envelope prior to the eleventh | 1009 |
day after the day of any election, the board of elections shall | 1010 |
open it but shall not open the identification envelope contained | 1011 |
in it. If, upon so opening the return envelope, the board finds | 1012 |
ballots in it that are not enclosed in and properly sealed in the | 1013 |
identification envelope, the board shall not look at the markings | 1014 |
upon the ballots and shall promptly place them in the | 1015 |
identification envelope and promptly seal it. If, upon so opening | 1016 |
the return envelope, the board finds that ballots are enclosed in | 1017 |
the identification envelope but that it is not properly sealed, | 1018 |
the board shall not look at the markings upon the ballots and | 1019 |
shall promptly seal the identification envelope. | 1020 |
Sec. 3509.07. If election officials find that the statement | 1021 |
accompanying an absent voter's ballot or absent voter's | 1022 |
presidential ballot is insufficient, that the signatures do not | 1023 |
correspond with the person's registration signature, that the | 1024 |
elector has not included the elector's birth date or printed name | 1025 |
on the identification envelope statement of voter, that the | 1026 |
applicant is not a qualified elector in the precinct, that the | 1027 |
ballot envelope contains more than one ballot of any one kind, or | 1028 |
any voted ballot that the elector is not entitled to vote, that | 1029 |
Stub A is not included in the envelope with the absent voter's | 1030 |
ballot or absent voter's presidential ballot, or that the elector | 1031 |
has not included with the elector's ballot any identification | 1032 |
required under section 3509.05 or 3511.09 of the Revised Code, the | 1033 |
vote shall not be accepted or counted. The vote of any absent | 1034 |
voter may be challenged for cause in the same manner as other | 1035 |
votes are challenged, and the election officials shall determine | 1036 |
the legality of that ballot. Every ballot not counted shall be | 1037 |
endorsed on its back "Not Counted" with the reasons the ballot was | 1038 |
not counted, and shall be enclosed and returned to or retained by | 1039 |
the board of elections along with the contested ballots. | 1040 |
Sec. 3509.10. If a board of elections receives an | 1041 |
application for absent voter's ballots under this chapter and it | 1042 |
is apparent to the board that the absent voter is a uniformed | 1043 |
services voter or overseas voter, as defined in section 3511.01 of | 1044 |
the Revised Code, the board shall consider that applicant to have | 1045 |
applied for uniformed services or overseas ballots under Chapter | 1046 |
3511. of the Revised Code and shall provide those ballots to that | 1047 |
voter in accordance with the timelines and procedures applicable | 1048 |
to uniformed services and overseas absent voters. | 1049 |
(A) If an absent uniformed services member is the voter, the | 1098 |
service member may vote only in the precinct in which the service | 1099 |
member has a voting residence in the state, and that voting | 1100 |
residence shall be that place in the precinct in which the service | 1101 |
member resided immediately preceding the commencement of such | 1102 |
service, provided that the time during which the service member | 1103 |
continuously resided in the state immediately preceding the | 1104 |
commencement of such service plus the time subsequent to such | 1105 |
commencement and prior to the day of such general, special, or | 1106 |
primary election is equal to or exceeds thirty days. | 1107 |
(B) If the spouse or dependent of an absent uniformed | 1108 |
services member is the voter, the spouse or dependent may vote | 1109 |
only in the precinct in which the spouse or dependent has a voting | 1110 |
residence in the state, and that voting residence shall be that | 1111 |
place in the precinct in which the spouse or dependent resided | 1112 |
immediately preceding the time of leaving the state for the | 1113 |
purpose of being with or near the service member, provided that | 1114 |
the time during which the spouse or dependent continuously resided | 1115 |
in the state immediately preceding the time of leaving the state | 1116 |
for the purpose of being with or near the service member plus the | 1117 |
time subsequent to such leaving and prior to the day of such | 1118 |
general, special, or primary election is equal to or exceeds | 1119 |
thirty days. | 1120 |
(C) If an absent uniformed services member or the service | 1121 |
member's spouse or dependent establishes a permanent residence in | 1122 |
a precinct other than the precinct in which the person resided | 1123 |
immediately preceding the commencement of the service member's | 1124 |
service, the voting residence of both the service member and the | 1125 |
service member's spouse or dependent shall be the precinct of such | 1126 |
permanent residence, provided that the time during which the | 1127 |
service member continuously resided in the state immediately | 1128 |
preceding the commencement of such service plus the time | 1129 |
subsequent to such commencement and prior to the day of such | 1130 |
general, special, or primary election is equal to or exceeds | 1131 |
thirty days. | 1132 |
(D) If(1) Except as otherwise provided in division (D)(2) of | 1133 |
this section, if an overseas voter who is not an absent uniformed | 1134 |
services voter or the spouse or dependent of an absent uniformed | 1135 |
services voter is the voter, the overseas voter may vote only in | 1136 |
the precinct in which the overseas voter has a voting residence in | 1137 |
the state, and that voting residence shall be that place in the | 1138 |
precinct in which the overseas voter resided immediately before | 1139 |
leaving the United States, provided that the time during which the | 1140 |
overseas voter continuously resided in the state immediately | 1141 |
preceding such departure and prior to the day of such general, | 1142 |
special, or primary election is equal to or exceeds thirty days. | 1143 |
(2) A person who was born outside of the United States and | 1144 |
who meets the definition of "overseas voter" under division (B)(3) | 1145 |
of section 3511.01 of the Revised Code shall be deemed to have a | 1146 |
voting residence in this state at that place in the precinct in | 1147 |
which the person's parent or guardian last resided immediately | 1148 |
before leaving the United States, provided that the time during | 1149 |
which the person's parent or guardian continuously resided in the | 1150 |
state immediately preceding such departure and prior to the day of | 1151 |
the general, special, or primary election is equal to or exceeds | 1152 |
thirty days. | 1153 |
Sec. 3511.02. Notwithstanding any section of the Revised | 1154 |
Code to the contrary, whenever any person applies for registration | 1155 |
as a voter on a form adopted in accordance with federal | 1156 |
regulations relating to the "Uniformed and Overseas Citizens | 1157 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 1158 |
this application shall be sufficient for voter registration and as | 1159 |
a request for an absent voter's ballot. Uniformed services or | 1160 |
overseas absent voter's ballots may be obtained by any person | 1161 |
meeting the requirements of section 3511.013511.011 of the | 1162 |
Revised Code by applying electronically to the secretary of state | 1163 |
or to the board of elections of the county in which the person's | 1164 |
voting residence is located in accordance with section 3511.021 of | 1165 |
the Revised Code or by applying to the board of elections of the | 1166 |
county in which the person's voting residence is located, in one | 1167 |
of the following ways: | 1168 |
(c) A copy of the elector's current and valid photo | 1186 |
identification, a copy of a military identification, a copy of a | 1187 |
United States passport, or a copy of a current utility bill, bank | 1188 |
statement, government check, paycheck, or other government | 1189 |
document, other than a notice of voter registration mailed by a | 1190 |
board of elections under section 3503.19 of the Revised Code, that | 1191 |
shows the name and address of the elector. | 1192 |
(B) A voter or any relative of a voter listed in division (C) | 1218 |
of this section may use a single federal post card application to | 1219 |
apply for uniformed services or overseas absent voter's ballots | 1220 |
for use at the primary and general elections in a given year and | 1221 |
any special election to be held on the day in that year specified | 1222 |
by division (E) of section 3501.01 of the Revised Code for the | 1223 |
holding of a primary election, designated by the general assembly | 1224 |
for the purpose of submitting constitutional amendments proposed | 1225 |
by the general assembly to the voters of the state. A single | 1226 |
federal postcard application shall be processed by the board of | 1227 |
elections pursuant to section 3511.04 of the Revised Code the same | 1228 |
as if the voter had applied separately for uniformed services or | 1229 |
overseas absent voter's ballots for each election. | 1230 |
(C) Application to have uniformed services or overseas absent | 1231 |
voter's ballots mailed or sent by facsimile machine to such a | 1232 |
person may be made by the spouse, father, mother, father-in-law, | 1233 |
mother-in-law, grandfather, grandmother, brother or sister of the | 1234 |
whole blood or half blood, son, daughter, adopting parent, adopted | 1235 |
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, | 1236 |
aunt, nephew, or niece of such a person. The application shall be | 1237 |
in writing upon a blank form furnished only by the board of | 1238 |
elections or on a single federal post card as provided in division | 1239 |
(B) of this section. The form of the application shall be | 1240 |
prescribed by the secretary of state. The board shall furnish that | 1241 |
blank form to any of the relatives specified in this division | 1242 |
desiring to make the application, only upon the request of such a | 1243 |
relative made in person at the office of the board or upon the | 1244 |
written request of such a relative mailed to the office of the | 1245 |
board. The application, subscribed and sworn to by the applicant, | 1246 |
shall contain all of the following: | 1247 |
(c) A copy of the elector's current and valid photo | 1267 |
identification, a copy of a military identification, a copy of a | 1268 |
United States passport, or a copy of a current utility bill, bank | 1269 |
statement, government check, paycheck, or other government | 1270 |
document, other than a notice of voter registration mailed by a | 1271 |
board of elections under section 3503.19 of the Revised Code, that | 1272 |
shows the name and address of the elector. | 1273 |
Each application for uniformed services or overseas absent | 1291 |
voter's ballots shall be delivered to the board not earlier than | 1292 |
the first day of January of the year of the elections for which | 1293 |
the uniformed services or overseas absent voter's ballots are | 1294 |
requested or not earlier than ninety days before the day of the | 1295 |
election at which the ballots are to be voted, whichever is | 1296 |
earlier, and not later than twelve noon of the third day preceding | 1297 |
the day of the election, or not later than the close of regular | 1298 |
business hourssix p.m. on the daylast Friday before the day of | 1299 |
the election at which those ballots are to be voted if the | 1300 |
application is delivered in person to the office of the board. | 1301 |
(2) The procedures shall allow such a person who requests a | 1316 |
uniformed services or overseas absent voter's ballot application | 1317 |
to express a preference for the manner in which the person will | 1318 |
receive the requested application, whether by mail or | 1319 |
electronically, facsimile transmission, electronic mail, or, if | 1320 |
offered by the board of elections or the secretary of state, | 1321 |
through internet delivery. If the person completes and timely | 1322 |
returns the application and the applicant is eligible to receive a | 1323 |
ballot, the procedures shall allow the applicant to express a | 1324 |
preference for the manner in which the person will receive the | 1325 |
requested blank, unvoted ballots, whether by mail or | 1326 |
electronically, facsimile transmission, electronic mail, or, if | 1327 |
offered by the board of elections or the secretary of state, | 1328 |
through internet delivery. The requested items shall be | 1329 |
transmitted by the board of elections of the county in which the | 1330 |
person's voting residence is located by the preferred method. If | 1331 |
the requestor does not express a preferred method, the requested | 1332 |
items shall be delivered via standard mail. | 1333 |
(2) The appropriate state or local election official shall | 1362 |
establish and maintain reasonable procedures necessary to protect | 1363 |
the security, confidentiality, and integrity of personal | 1364 |
information that is confidential under state or federal law that | 1365 |
is collected, stored, or otherwise used by the free access system | 1366 |
established under division (B) of this section. Access to | 1367 |
information about the votes cast on an individual ballot shall be | 1368 |
restricted to the person who cast the ballot. To the extent | 1369 |
practicable, the procedures shall protect the security and | 1370 |
integrity of the process and protect the privacy of the identity | 1371 |
and personal data of the person. | 1372 |
(B) Not later than the forty-fifth day before the day of each | 1379 |
general or primary election, and at the earliest possible time | 1380 |
before the day of a special election held on a day other than the | 1381 |
day on which a general or primary election is held, the board of | 1382 |
elections shall mail, send by facsimile machine, send by | 1383 |
electronic mail, send through internet delivery if such delivery | 1384 |
is offered by the board of elections or the secretary of state, or | 1385 |
otherwise send uniformed services or overseas absent voter's | 1386 |
ballots then ready for use as provided for in section 3511.03 of | 1387 |
the Revised Code and for which the board has received valid | 1388 |
applications prior to that time. Thereafter, and until twelve noon | 1389 |
of the third day preceding the day of election, the board shall | 1390 |
promptly, upon receipt of valid applications for them, mail, send | 1391 |
by facsimile machine, send by electronic mail, send through | 1392 |
internet delivery if such delivery is offered by the board of | 1393 |
elections or the secretary of state, or otherwise send to the | 1394 |
proper persons all uniformed services or overseas absent voter's | 1395 |
ballots then ready for use. | 1396 |
If, after the seventieth day before the day of a general or | 1397 |
primary election, any other question, issue, or candidacy is | 1398 |
lawfully ordered submitted to the electors voting at the general | 1399 |
or primary election, the board shall promptly provide a separate | 1400 |
official issue, special election, or other election ballot for | 1401 |
submitting the question, issue, or candidacy to those electors and | 1402 |
promptly mail or, send by facsimile machine, send by electronic | 1403 |
mail, send through internet delivery if such delivery is offered | 1404 |
by the board of elections or the secretary of state, or otherwise | 1405 |
send each such separate ballot to each person to whom the board | 1406 |
has previously mailed or sent by facsimile machine other uniformed | 1407 |
services or overseas absent voter's ballots. | 1408 |
Sec. 3511.05. (A) The board of elections shall place | 1412 |
uniformed services or overseas absent voter's ballots sent by mail | 1413 |
in an unsealed identification envelope, gummed ready for sealing. | 1414 |
The board shall include with uniformed services or overseas absent | 1415 |
voter's ballots sent electronically, including by facsimile | 1416 |
machine, an instruction sheet for preparing a gummed envelope in | 1417 |
which the ballots shall be returned. The envelope for returning | 1418 |
ballots sent by either means shall have printed or written on its | 1419 |
face a form substantially as follows: | 1420 |
...... In lieu of providing a driver's license number, state | 1447 |
identification card number, or the last four digits of my Social | 1448 |
Security Number, I am enclosing a copy of one of the following in | 1449 |
the return envelope in which this identification envelope will be | 1450 |
mailed: a current and valid photo identification, a military | 1451 |
identification, a United States passport, or a current utility | 1452 |
bill, bank statement, government check, paycheck, or other | 1453 |
government document, other than a notice of voter registration | 1454 |
mailed by a board of elections, that shows my name and address. | 1455 |
(B) The board shall also mail with the ballots and the | 1462 |
unsealed identification envelope sent by mail an unsealed return | 1463 |
envelope, gummed, ready for sealing, for use by the voter in | 1464 |
returning the voter's marked ballots to the board. The board shall | 1465 |
send with the ballots and the instruction sheet for preparing a | 1466 |
gummed envelope sent electronically, including by facsimile | 1467 |
machine, an instruction sheet for preparing a second gummed | 1468 |
envelope as described in this division, for use by the voter in | 1469 |
returning that voter's marked ballots to the board. The return | 1470 |
envelope shall have two parallel lines, each one quarter of an | 1471 |
inch in width, printed across its face paralleling the top, with | 1472 |
an intervening space of one quarter of an inch between such lines. | 1473 |
The top line shall be one and one-quarter inches from the top of | 1474 |
the envelope. Between the parallel lines shall be printed: | 1475 |
"OFFICIAL ELECTION UNIFORMED SERVICES OR OVERSEAS ABSENT VOTER'S | 1476 |
BALLOTS -- VIA AIR MAIL." Three blank lines shall be printed in | 1477 |
the upper left corner on the face of the envelope for the use by | 1478 |
the voter in placing the voter's complete military, naval, or | 1479 |
mailing address on these lines, and beneath these lines there | 1480 |
shall be printed a box beside the words "check if out-of-country." | 1481 |
The voter shall check this box if the voter will be outside the | 1482 |
United States on the day of the election. The official title and | 1483 |
the post-office address of the board to which the envelope shall | 1484 |
be returned shall be printed on the face of such envelope in the | 1485 |
lower right portion below the bottom parallel line. | 1486 |
If the flap on this envelope is so firmly stuck to the back | 1490 |
of the envelope when received by you as to require forcible | 1491 |
opening in order to use it, open the envelope in the manner least | 1492 |
injurious to it, and, after marking your ballots and enclosing | 1493 |
same in the envelope for mailing them to the board of elections, | 1494 |
reclose the envelope in the most practicable way, by sealing or | 1495 |
otherwise, and sign the blank form printed below. | 1496 |
Sec. 3511.09. Upon receiving uniformed services or overseas | 1505 |
absent voter's ballots, the elector shall cause the questions on | 1506 |
the face of the identification envelope to be answered, and, by | 1507 |
writing the elector's usual signature in the proper place on the | 1508 |
identification envelope, the elector shall declare under penalty | 1509 |
of election falsification that the answers to those questions are | 1510 |
true and correct to the best of the elector's knowledge and | 1511 |
belief. Then, the elector shall note whether there are any voting | 1512 |
marks on the ballot. If there are any voting marks, the ballot | 1513 |
shall be returned immediately to the board of elections; | 1514 |
otherwise, the elector shall cause the ballot to be marked, folded | 1515 |
separately so as to conceal the markings on it, deposited in the | 1516 |
identification envelope, and securely sealed in the identification | 1517 |
envelope. The elector then shall cause the identification envelope | 1518 |
to be placed within the return envelope, sealed in the return | 1519 |
envelope, and mailed to the board of elections to whom it is | 1520 |
addressed, postage prepaid. The ballot shall be submitted for | 1521 |
mailing not later than 12:01 a.m. at the place where the voter | 1522 |
completes the ballot, on the date of the election. If the elector | 1523 |
does not provide the elector's driver's license number, state | 1524 |
identification card number, or the last four digits of the | 1525 |
elector's social security number on the statement of voter on the | 1526 |
identification envelope, the elector also shall include in the | 1527 |
return envelope with the identification envelope a copy of the | 1528 |
elector's current valid photo identification, a copy of a military | 1529 |
identification, a copy of a United States passport, or a copy of a | 1530 |
current utility bill, bank statement, government check, paycheck, | 1531 |
or other government document, other than a notice of voter | 1532 |
registration mailed by a board of elections under section 3503.19 | 1533 |
of the Revised Code, that shows the name and address of the | 1534 |
elector. Each elector who will be outside the United States on the | 1535 |
day of the election shall check the box on the return envelope | 1536 |
indicating this fact and shall mail the return envelope to the | 1537 |
board prior to the close of the polls on election day. | 1538 |
Sec. 3511.10. If, during the time that absent voter's | 1543 |
ballots may be cast in person before an election, a valid | 1544 |
application for uniformed services or overseas absent voter's | 1545 |
ballots is delivered to the office of the board of elections by a | 1546 |
person making the application on the person's own behalf, the | 1547 |
board shall forthwith deliver to the person all uniformed services | 1548 |
or overseas absent voter's ballots then ready for use, together | 1549 |
with an identification envelope. The person shall then immediately | 1550 |
retire to a voting booth in the office of the board, and mark the | 1551 |
ballots. The person shall then fold each ballot separately so as | 1552 |
to conceal the person's markings thereon, and deposit all of the | 1553 |
ballots in the identification envelope and securely seal it. | 1554 |
Thereupon the person shall fill in answers to the questions on the | 1555 |
face of the identification envelope, and by writing the person's | 1556 |
usual signature in the proper place thereon, the person shall | 1557 |
declare under penalty of election falsification that the answers | 1558 |
to those questions are true and correct to the best of that | 1559 |
person's knowledge and belief. The person shall then deliver the | 1560 |
identification envelope to the board. If thereafter, and before | 1561 |
the third day preceding such election, the board provides | 1562 |
additional separate official issue or special election ballots, as | 1563 |
provided for in section 3511.04 of the Revised Code, the board | 1564 |
shall promptly, and not later than twelve noon of the third day | 1565 |
preceding the day of election, mail such additional ballots to | 1566 |
such person at the address specified by that person for that | 1567 |
purpose. | 1568 |
In the event any person serving in the armed forces of the | 1569 |
United States is discharged after the closing date of | 1570 |
registration, and that person or that person's spouse, or both, | 1571 |
meets all the other qualifications set forth in section 3511.01 | 1572 |
3511.011 of the Revised Code, the person or spouse shall be | 1573 |
permitted to vote prior to the date of the election in the office | 1574 |
of the board in the person's or spouse's county, as set forth in | 1575 |
this section. | 1576 |
Sec. 3511.11. (A) Upon receipt of any return envelope | 1577 |
bearing the designation "Official Election Uniformed Services or | 1578 |
Overseas Absent Voter's Ballot" prior to the eleventh day after | 1579 |
the day of any election, the board of elections shall open it but | 1580 |
shall not open the identification envelope contained in it. If, | 1581 |
upon so opening the return envelope, the board finds ballots in it | 1582 |
that are not enclosed in and properly sealed in the identification | 1583 |
envelope, the board shall not look at the markings upon the | 1584 |
ballots and shall promptly place them in the identification | 1585 |
envelope and promptly seal it. If, upon so opening the return | 1586 |
envelope, the board finds that ballots are enclosed in the | 1587 |
identification envelope but that it is not properly sealed, the | 1588 |
board shall not look at the markings upon the ballots and shall | 1589 |
promptly seal the identification envelope. | 1590 |
(C) A return envelope that indicates that the voter will be | 1595 |
outside of the United States on the day of an election is not | 1596 |
required to be postmarked in order for a uniformed services or | 1597 |
overseas absent voter's ballot contained in it to be valid. Except | 1598 |
as otherwise provided in this division, whether or not the return | 1599 |
envelope containing the ballot is postmarked, contains a late | 1600 |
postmark, or contains an illegible postmark, a uniformed services | 1601 |
or overseas absent voter's ballot that is received after the close | 1602 |
of the polls on election day through the tenth day after the | 1603 |
election day and that is delivered in a return envelope that | 1604 |
indicates that the voter will be outside the United States on the | 1605 |
day of the election shall be counted on the eleventh day after the | 1606 |
election day at the office of the board of elections in the manner | 1607 |
provided in divisions (C) and (D) of section 3509.06 of the | 1608 |
Revised Code, if the voter signed the identification envelope by | 1609 |
the time specified in section 3511.09 of the Revised Code. | 1610 |
However, if a return envelope containing a uniformed services or | 1611 |
overseas absent voter's ballot is so received and so indicates, | 1612 |
but it is postmarked, or the identification envelope in it is | 1613 |
signed, after the close of the polls on election day, the | 1614 |
uniformed services or overseas absent voter's ballot shall not be | 1615 |
counted. | 1616 |
(D)(1) Except as otherwise provided in division (D)(2) of | 1617 |
this section, any return envelope containing a uniformed services | 1618 |
or overseas absent voter's ballot that is postmarked within the | 1619 |
United States prior to the day of the election shall be delivered | 1620 |
to the board prior to the eleventh day after the election. | 1621 |
Uniformed services or overseas absent voter's ballots delivered in | 1622 |
envelopes postmarked prior to the day of the election that are | 1623 |
received after the close of the polls on election day through the | 1624 |
tenth day thereafter shall be counted on the eleventh day at the | 1625 |
board of elections in the manner provided in divisions (C) and (D) | 1626 |
of section 3509.06 of the Revised Code. Any such ballots that are | 1627 |
received by the board later than the tenth day following the | 1628 |
election shall not be counted, but shall be kept by the board in | 1629 |
the sealed identification envelopes as provided in division (A) of | 1630 |
this section. | 1631 |
Sec. 3511.15. If an international, national, state, or local | 1674 |
emergency or other situation arises that makes substantial | 1675 |
compliance with the "Uniformed and Overseas Citizens Absentee | 1676 |
Voting Act," 42 U.S.C. 1973ff, et seq., as amended, impossible or | 1677 |
impracticable, as confirmed by the existence of armed conflict | 1678 |
involving United States armed forces or the mobilization of those | 1679 |
forces, including Ohio national guard and reserve component | 1680 |
members of this state, or by the occurrence of a natural disaster | 1681 |
or the existence of a state of emergency, civil unrest, war, or | 1682 |
other exigency in a foreign country, or by an official declaration | 1683 |
by the governor that a state of emergency exists, the governor | 1684 |
directly, or by delegation to the secretary of state, may | 1685 |
prescribe, by emergency order or rule, a special procedure or | 1686 |
requirement as may be necessary to facilitate absent voting by | 1687 |
those absent uniformed services voters or overseas voters directly | 1688 |
affected who are eligible to vote in this state. The secretary of | 1689 |
state shall take reasonable steps to provide absent uniformed | 1690 |
services or overseas voters with timely notice of any special | 1691 |
procedure or requirement prescribed under this section. | 1692 |
Sec. 3511.16. (A) At least one hundred days before the day | 1693 |
of a regularly scheduled election and as soon as practicable | 1694 |
before an election that is not regularly scheduled, the board of | 1695 |
elections of each county shall prepare an election notice for each | 1696 |
precinct in which the election is to be conducted, to be used in | 1697 |
conjunction with a federal write-in absentee ballot. The election | 1698 |
notice shall contain a list of all of the ballot questions and | 1699 |
issues and all federal, state, and local offices that, as of that | 1700 |
date, the board expects to be on the ballot at that election. The | 1701 |
notice also shall contain specific instructions on how a uniformed | 1702 |
services or overseas voter is to indicate on the federal write-in | 1703 |
absentee ballot the voter's choice for each office to be filled | 1704 |
and for each ballot question and issue to be contested. | 1705 |
Section 2. That existing sections 3501.13, 3503.02, 3503.14, | 1721 |
3503.19, 3503.191, 3503.28, 3505.18, 3505.181, 3505.183, 3509.021, | 1722 |
3509.03, 3509.04, 3509.05, 3509.07, 3511.01, 3511.02, 3511.021, | 1723 |
3511.04, 3511.05, 3511.09, 3511.10, 3511.11, and 3511.14 and | 1724 |
sections 3503.20 and 3509.031 of the Revised Code are hereby | 1725 |
repealed. | 1726 |