As Reported by the House State Government and Elections Committee

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 

A BILL
To amend sections 3511.02, 3511.021, 3511.04, and 1
3511.14 and to enact section 3511.15 of the 2
Revised Code to permit uniformed services and 3
overseas voters to request and receive absent 4
voter's ballot applications and absent voter's 5
ballots by electronic mail or internet delivery, 6
to specify that a Federal Write-In Absentee Ballot 7
submitted by such a person may be used as the 8
person's voter registration form and absent 9
voter's ballot, to establish emergency election 10
procedures for such persons involved in armed 11
conflicts, troop mobilizations, or other 12
emergencies, and to add daughters-in-law and 13
sons-in-law to the list of family members who may 14
request an absent voter's ballot on behalf of a 15
uniformed services or overseas voter.16


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;43

       (2) The elector's signature;44

       (3) The address at which the elector is registered to vote;45

       (4) The elector's date of birth;46

       (5) One of the following:47

       (a) The elector's driver's license number;48

       (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;115

       (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;121

       (6) One of the following:122

       (a) The elector's driver's license number;123

       (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; and219

       (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