As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 224

Representatives Dovilla, Stinziano 

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, Ramos, Reece, Roegner, Ruhl, Schuring, Sears, Slaby, Stautberg, Stebelton, Sykes, Szollosi, Weddington, Winburn, Young, Yuko Speaker Batchelder 

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A BILL

To amend sections 3511.02, 3511.021, 3511.04, and

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3511.14 and to enact section 3511.15 of the

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Revised Code to permit uniformed services and

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overseas voters to request and receive absent

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voter's ballot applications and absent voter's

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ballots by electronic mail or internet delivery,

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to specify that a Federal Write-In Absentee Ballot

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submitted by such a person may be used as the

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person's voter registration form and absent

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voter's ballot, to establish emergency election

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procedures for such persons involved in armed

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conflicts, troop mobilizations, or other

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emergencies, and to add daughters-in-law and

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sons-in-law to the list of family members who may

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request an absent voter's ballot on behalf of a

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uniformed services or overseas voter.

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

Section 1. That sections 3511.02, 3511.021, 3511.04, and	17
3511.14 be amended and section 3511.15 of the Revised Code be	18
enacted to read as follows:	19

Sec. 3511.02.  Notwithstanding any section of the Revised	20
Code to the contrary, whenever any person applies for registration	21
as a voter on a form adopted in accordance with federal	22
regulations relating to the "Uniformed and Overseas Citizens	23
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	24
this application shall be sufficient for voter registration and as	25
a request for an absent voter's ballot. Uniformed services or	26
overseas absent voter's ballots may be obtained by any person	27
meeting the requirements of section 3511.01 of the Revised Code by	28
applying electronically to the secretary of state or to the board	29
of elections of the county in which the person's voting residence	30
is located in accordance with section 3511.021 of the Revised Code	31
or by applying to the director of the board of elections of the	32
county in which the person's voting residence is located, in one	33
of the following ways:	34

(A) That person may make written application for those	35
ballots. The person may personally deliver the application to the	36
director or may mail it, send it by facsimile machine, send it by	37
electronic mail, send it through internet delivery if such	38
delivery is offered by the board of elections or the secretary of	39
state, or otherwise send it to the director. The application need	40
not be in any particular form but shall contain all of the	41
following information:	42

(1) The elector's name;

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(2) The elector's signature;

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

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(4) The elector's date of birth;

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(5) One of the following:

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

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(b) The last four digits of the elector's social security	49
number;	50

(c) A copy of the elector's current and valid photo	51
identification, a copy of a military identification, or a copy of	52
a current utility bill, bank statement, government check,	53
paycheck, or other government document, other than a notice of an	54
election mailed by a board of elections under section 3501.19 of	55
the Revised Code or a notice of voter registration mailed by a	56
board of elections under section 3503.19 of the Revised Code, that	57
shows the name and address of the elector.	58

(6) A statement identifying the election for which absent	59
voter's ballots are requested;	60

(7) A statement that the person requesting the ballots is a	61
qualified elector;	62

(8) A statement that the elector is an absent uniformed	63
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	64

(9) A statement of the elector's length of residence in the	65
state immediately preceding the commencement of service,	66
immediately preceding the date of leaving to be with or near the	67
service member, or immediately preceding leaving the United	68
States, whichever is applicable;	69

(10) If the request is for primary election ballots, the	70
elector's party affiliation;	71

(11) If the elector desires ballots to be mailed to the	72
elector, the address to which those ballots shall be mailed;	73

(12) If the elector desires ballots to be sent to the elector	74
by facsimile machine, the telephone number to which they shall be	75
so sent;	76

(13) If the elector desires ballots to be sent to the elector	77
by electronic mail or, if offered by the board of elections or the	78
secretary of state, through internet delivery, the elector's	79
electronic mail address or other internet contact information.	80

(B) A voter or any relative of a voter listed in division (C)	81
of this section may use a single federal post card application to	82
apply for uniformed services or overseas absent voter's ballots	83
for use at the primary and general elections in a given year and	84
any special election to be held on the day in that year specified	85
by division (E) of section 3501.01 of the Revised Code for the	86
holding of a primary election, designated by the general assembly	87
for the purpose of submitting constitutional amendments proposed	88
by the general assembly to the voters of the state. A single	89
federal postcard application shall be processed by the board of	90
elections pursuant to section 3511.04 of the Revised Code the same	91
as if the voter had applied separately for uniformed services or	92
overseas absent voter's ballots for each election.	93

(C) Application to have uniformed services or overseas absent	94
voter's ballots mailed or sent by facsimile machine to such a	95
person may be made by the spouse, father, mother, father-in-law,	96
mother-in-law, grandfather, grandmother, brother or sister of the	97
whole blood or half blood, son, daughter, adopting parent, adopted	98
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	99
aunt, nephew, or niece of such a person. The application shall be	100
in writing upon a blank form furnished only by the director or on	101
a single federal post card as provided in division (B) of this	102
section. The form of the application shall be prescribed by the	103
secretary of state. The director shall furnish that blank form to	104
any of the relatives specified in this division desiring to make	105
the application, only upon the request of such a relative made in	106
person at the office of the board or upon the written request of	107
such a relative mailed to the office of the board. The	108
application, subscribed and sworn to by the applicant, shall	109
contain all of the following:	110

(1) The full name of the elector for whom ballots are	111
requested;	112

(2) A statement that the elector is an absent uniformed	113
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	114

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

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(4) A statement identifying the elector's length of residence	116
in the state immediately preceding the commencement of service,	117
immediately preceding the date of leaving to be with or near a	118
service member, or immediately preceding leaving the United	119
States, as the case may be;	120

(5) The elector's date of birth;

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(6) One of the following:

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

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(b) The last four digits of the elector's social security	124
number;	125

(c) A copy of the elector's current and valid photo	126
identification, a copy of a military identification, or a copy of	127
a current utility bill, bank statement, government check,	128
paycheck, or other government document, other than a notice of an	129
election mailed by a board of elections under section 3501.19 of	130
the Revised Code or a notice of voter registration mailed by a	131
board of elections under section 3503.19 of the Revised Code, that	132
shows the name and address of the elector.	133

(7) A statement identifying the election for which absent	134
voter's ballots are requested;	135

(8) A statement that the person requesting the ballots is a	136
qualified elector;	137

(9) If the request is for primary election ballots, the	138
elector's party affiliation;	139

(10) A statement that the applicant bears a relationship to	140
the elector as specified in division (C) of this section;	141

(11) The address to which ballots shall be mailed or, the	142
telephone number to which ballots shall be sent by facsimile	143
machine, the electronic mail address to which ballots shall be	144
sent by electronic mail, or, if internet delivery is offered by	145
the board of elections or the secretary of state, the internet	146
contact information to which ballots shall be sent through	147
internet delivery;	148

(12) The signature and address of the person making the	149
application.	150

Each application for uniformed services or overseas absent	151
voter's ballots shall be delivered to the director not earlier	152
than the first day of January of the year of the elections for	153
which the uniformed services or overseas absent voter's ballots	154
are requested or not earlier than ninety days before the day of	155
the election at which the ballots are to be voted, whichever is	156
earlier, and not later than twelve noon of the third day preceding	157
the day of the election, or not later than the close of regular	158
business hours on the day before the day of the election at which	159
those ballots are to be voted if the application is delivered in	160
person to the office of the board.	161

(D) If the voter for whom the application is made is entitled	162
to vote for presidential and vice-presidential electors only, the	163
applicant shall submit to the director in addition to the	164
requirements of divisions (A), (B), and (C) of this section, a	165
statement to the effect that the voter is qualified to vote for	166
presidential and vice-presidential electors and for no other	167
offices.	168

Sec. 3511.021.  (A)(1) The secretary of state shall establish	169
procedures that allow any person who is eligible to vote as a	170
uniformed services voter or an overseas voter in accordance with	171
42 U.S.C. 1973ff-6 to apply by electronic means to the office of	172
the secretary of state or to the board of elections of the county	173
in which the person's voting residence is located for a uniformed	174
services or overseas absent voter's ballot.	175

(2) The procedures shall allow such a person who requests a	176
uniformed services or overseas absent voter's ballot application	177
to express a preference for the manner in which the person will	178
receive the requested application, whether by mail or	179
electronically, facsimile transmission, electronic mail, or, if	180
offered by the board of elections or the secretary of state,	181
through internet delivery. If the person completes and timely	182
returns the application and the applicant is eligible to receive a	183
ballot, the procedures shall allow the applicant to express a	184
preference for the manner in which the person will receive the	185
requested blank, unvoted ballots, whether by mail or	186
electronically, facsimile transmission, electronic mail, or, if	187
offered by the board of elections or the secretary of state,	188
through internet delivery. The requested items shall be	189
transmitted by the board of elections of the county in which the	190
person's voting residence is located by the preferred method. If	191
the requestor does not express a preferred method, the requested	192
items shall be delivered via standard mail.	193

(3) To the extent practicable, the procedures shall protect	194
the security and integrity of the ballot request and delivery	195
process, and protect the privacy of the identity and personal data	196
of the person when such applications and ballots are requested,	197
processed, and sent.	198

(4) No person shall return by electronic means to the	199
secretary of state, a board of elections, or any other entity a	200
completed or voted uniformed services or overseas absent voter's	201
ballot. If a ballot is so returned, the ballot shall not be	202
accepted, processed, or counted.	203

(B)(1) The secretary of state, in coordination with the	204
boards of elections, shall establish a free access system by which	205
an absent uniformed services voter or overseas voter may determine	206
the following:	207

(a) Whether that person's request for a uniformed services or	208
overseas absent voter's ballot was received and processed;	209

(b) If the person's request was received and processed, when	210
the uniformed services or overseas absent voter's ballot was sent;	211

(c) Whether any uniformed services or overseas absent voter's	212
ballot returned by that person has been received by election	213
officials;	214

(d) Whether the board of elections found any error on the	215
identification envelope containing the person's returned uniformed	216
services or overseas absent voter's ballot and, if so, how the	217
person may correct any error within ten days after the day of an	218
election; and	219

(e) Whether the person's uniformed services or overseas	220
absent voter's ballot was counted.	221

(2) The appropriate state or local election official shall	222
establish and maintain reasonable procedures necessary to protect	223
the security, confidentiality, and integrity of personal	224
information that is confidential under state or federal law that	225
is collected, stored, or otherwise used by the free access system	226
established under division (B) of this section. Access to	227
information about the votes cast on an individual ballot shall be	228
restricted to the person who cast the ballot. To the extent	229
practicable, the procedures shall protect the security and	230
integrity of the process and protect the privacy of the identity	231
and personal data of the person.	232

Sec. 3511.04.  (A) If a director of a board of elections	233
receives an application for uniformed services or overseas absent	234
voter's ballots that does not contain all of the required	235
information, the director promptly shall notify the applicant of	236
the additional information required to be provided by the	237
applicant to complete that application.	238

(B) Not later than the forty-fifth day before the day of each	239
general or primary election, and at the earliest possible time	240
before the day of a special election held on a day other than the	241
day on which a general or primary election is held, the director	242
of the board of elections shall mail, send by facsimile machine,	243
send by electronic mail, send through internet delivery if such	244
delivery is offered by the board of elections or the secretary of	245
state, or otherwise send uniformed services or overseas absent	246
voter's ballots then ready for use as provided for in section	247
3511.03 of the Revised Code and for which the director has	248
received valid applications prior to that time. Thereafter, and	249
until twelve noon of the third day preceding the day of election,	250
the director shall promptly, upon receipt of valid applications	251
for them, mail, send by facsimile machine, send by electronic	252
mail, send through internet delivery if such delivery is offered	253
by the board of elections or the secretary of state, or otherwise	254
send to the proper persons all uniformed services or overseas	255
absent voter's ballots then ready for use.	256

If, after the seventieth day before the day of a general or	257
primary election, any other question, issue, or candidacy is	258
lawfully ordered submitted to the electors voting at the general	259
or primary election, the board shall promptly provide a separate	260
official issue, special election, or other election ballot for	261
submitting the question, issue, or candidacy to those electors,	262
and the director shall promptly mail or, send by facsimile	263
machine, send by electronic mail, send through internet delivery	264
if such delivery is offered by the board of elections or the	265
secretary of state, or otherwise send each such separate ballot to	266
each person to whom the director has previously mailed or sent by	267
facsimile machine other uniformed services or overseas absent	268
voter's ballots.	269

In mailing uniformed services or overseas absent voter's	270
ballots, the director shall use the fastest mail service	271
available, but the director shall not mail them by certified mail.	272

Sec. 3511.14. (A) A board of elections shall accept and	273
process federal write-in absentee ballots for all elections for	274
federal, state, or local office and for all ballot questions and	275
issues as required under "The Uniformed and Overseas Citizens	276
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	277
1973ff, et seq., as amended.	278

(B) A uniformed services or overseas voter may use the	279
declaration accompanying a federal write-in absentee ballot to	280
apply to register to vote simultaneously with the submission of	281
the federal write-in absentee ballot, if the declaration is	282
received not later than thirty days before the day of the	283
election. If the declaration is received after that date, the	284
declaration shall be considered an application to register to vote	285
for all subsequent elections.	286

Sec. 3511.15.  If an international, national, state, or local	287
emergency or other situation arises that makes substantial	288
compliance with the "Uniformed and Overseas Citizens Absentee	289
Voting Act," 42 U.S.C. 1973ff, et seq., as amended, impossible or	290
impracticable, as confirmed by the existence of armed conflict	291
involving United States armed forces or the mobilization of those	292
forces, including Ohio national guard and reserve component	293
members of this state, or by the occurrence of a natural disaster	294
or the existence of a state of emergency, civil unrest, war, or	295
other exigency in a foreign country, or by an official declaration	296
by the governor that a state of emergency exists, the governor	297
directly, or by delegation to the secretary of state, may	298
prescribe, by emergency order or rule, a special procedure or	299
requirement as may be necessary to facilitate absent voting by	300
those absent uniformed services voters or overseas voters directly	301
affected who are eligible to vote in this state. The secretary of	302
state shall take reasonable steps to provide absent uniformed	303
services or overseas voters with timely notice of any special	304
procedure or requirement prescribed under this section.	305

Section 2.  That existing sections 3511.02, 3511.021,	306
3511.04, and 3511.14 of the Revised Code are hereby repealed.	307