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 |