As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Sub. 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 

Senators Grendell, Turner, Brown, Jordan 

A BILL
To amend sections 3501.13, 3503.02, 3503.14, 3503.19, 1
3503.191, 3503.28, 3505.18, 3505.181, 3505.183, 2
3509.021, 3509.03, 3509.04, 3509.05, 3509.07, 3
3511.01, 3511.02, 3511.021, 3511.04, 3511.05, 4
3511.09, 3511.10, 3511.11, and 3511.14, to amend, 5
for the purpose of adopting a new section number 6
as indicated in parentheses, section 3511.01 7
(3511.011), to enact new section 3511.01 and 8
sections 3509.10, 3511.15, and 3511.16, and to 9
repeal sections 3503.20 and 3509.031 of the 10
Revised Code to revise the law governing uniformed 11
services and overseas voters, to specify that 12
voters who provide a Social Security Number for 13
election purposes only are required to provide the 14
last four digits of that number, to revise the 15
process for casting provisional ballots for voters 16
without identification, to eliminate online voter 17
registration, to require absent voter's ballot 18
statements to include the voter's printed name, 19
and to make technical corrections to the laws 20
governing elections.21


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

       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

       The following notice shall be posted in a prominent place at 58
each board office:59

       "Except as otherwise provided by state or federal law, 60
records filed in this office of the board of elections are open to 61
public inspection during normal office hours, pursuant to the 62
following reasonable regulations: (the board shall here list its 63
regulations). Whoever prohibits any person from inspecting the 64
public records of this board is subject to the penalties of 65
section 3599.161 of the Revised Code."66

       (D) Upon receipt of a written declaration of intent to retire 67
as provided for in section 145.38 of the Revised Code, the 68
director shall provide a copy to each member of the board of 69
elections.70

       Sec. 3503.02.  All registrars and judges of elections, in 71
determining the residence of a person offering to register or 72
vote, shall be governed by the following rules:73

       (A) That place shall be considered the residence of a person 74
in which the person's habitation is fixed and to which, whenever 75
the person is absent, the person has the intention of returning.76

       (B) A person shall not be considered to have lost the 77
person's residence who leaves the person's home and goes into 78
another state or county of this state, for temporary purposes 79
only, with the intention of returning.80

       (C) A person shall not be considered to have gained a 81
residence in any county of this state into which the person comes 82
for temporary purposes only, without the intention of making such 83
county the permanent place of abode.84

       (D) The place where the family of a married person resides 85
shall be considered to be the person's place of residence; except 86
that when the spouses have separated and live apart, the place 87
where such a spouse resides the length of time required to entitle 88
a person to vote shall be considered to be the spouse's place of 89
residence.90

       (E) If a person removes to another state with the intention 91
of making such state the person's residence, the person shall be 92
considered to have lost the person's residence in this state.93

       (F) Except as otherwise provided in division (G) of this 94
section, if a person removes from this state and continuously 95
resides outside this state for a period of four years or more, the 96
person shall be considered to have lost the person's residence in 97
this state, notwithstanding the fact that the person may entertain 98
an intention to return at some future period.99

       (G)(1) If a person removes from this state to engage in the 100
services of the United States government, the person shall not be 101
considered to have lost the person's residence in this state102
during the period of such service, and likewise should the person 103
enter the employment of the state, the place where such person 104
resided at the time of the person's removal shall be considered to 105
be the person's place of residence.106

       (2) If a person removes from this state to a location outside 107
of the United States and the person does not become a resident of 108
another state, the person shall not be considered to have lost the 109
person's residence in this state. The place where the person 110
resided at the time of the person's removal shall be considered to 111
be the person's place of residence.112

       (3) If a person is eligible to vote in this state under 113
division (D)(2) of section 3511.011 of the Revised Code, the place 114
where the person's parent or legal guardian resided in this state 115
prior to that parent or legal guardian's removal to a location 116
outside of the United States shall be considered to be the 117
person's place of residence.118

       (4) If an address that is considered to be a person's place 119
of residence under division (G) of this section ceases to be a 120
recognized residential address, the board of elections shall 121
assign an address to the applicable person for voting purposes.122

       (H) If a person goes into another state and while there 123
exercises the right of a citizen by voting, the person shall be 124
considered to have lost the person's residence in this state.125

       (I) If a person does not have a fixed place of habitation, 126
but has a shelter or other location at which the person has been a 127
consistent or regular inhabitant and to which the person has the 128
intention of returning, that shelter or other location shall be 129
deemed the person's residence for the purpose of registering to 130
vote.131

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 132
form and content of the registration, change of residence, and 133
change of name forms used in this state. The forms shall meet the 134
requirements of the National Voter Registration Act of 1993 and 135
shall include spaces for all of the following:136

       (1) The voter's name;137

       (2) The voter's address;138

       (3) The current date;139

       (4) The voter's date of birth;140

       (5) The voter to provide one or more of the following:141

       (a) The voter's driver's license number or state 142
identification card number, if any;143

       (b) The last four digits of the voter's social security 144
number, if any;145

       (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

       (6) The voter's signature.153

       The registration form shall include a space on which the 154
person registering an applicant shall sign the person's name and 155
provide the person's address and a space on which the person 156
registering an applicant shall name the employer who is employing 157
that person to register the applicant.158

       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

        (B) None of the following persons who are registering an 168
applicant in the course of that official's or employee's normal 169
duties shall sign the person's name, provide the person's address, 170
or name the employer who is employing the person to register an 171
applicant on a form prepared under this section:172

       (1) An election official;173

       (2) A county treasurer;174

       (3) A deputy registrar of motor vehicles;175

       (4) An employee of a designated agency;176

       (5) An employee of a public high school;177

       (6) An employee of a public vocational school;178

       (7) An employee of a public library;179

       (8) An employee of the office of a county treasurer;180

       (9) An employee of the bureau of motor vehicles;181

       (10) An employee of a deputy registrar of motor vehicles;182

       (11) An employee of an election official.183

        (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

       (D) No registration, change of residence, or change of name 195
form shall be rejected solely on the basis that a person 196
registering an applicant failed to sign the person's name or 197
failed to name the employer who is employing that person to 198
register the applicant as required under division (A) of this 199
section.200

       (E) A voter registration application submitted online through 201
the internet pursuant to section 3503.20 of the Revised Code is 202
not required to contain a signature to be considered valid. The 203
signature obtained under division (B) of that section shall be 204
considered the applicant's signature for all election and 205
signature-matching purposes.206

       (F) As used in this section, "registering an applicant" 207
includes any effort, for compensation, to provide voter 208
registration forms or to assist persons in completing or returning 209
those forms.210

       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

       Any state or local office of a designated agency, the office 245
of the registrar or any deputy registrar of motor vehicles, a 246
public high school or vocational school, a public library, or the 247
office of a county treasurer shall date stamp a registration 248
application or change of name or change of address form it 249
receives using a date stamp that does not disclose the identity of 250
the state or local office that receives the registration.251

       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

       (b) Subject to division (B)(2)(c) of this section, an 284
applicant may return the applicant's completed registration form 285
by mail or through another person to any board of elections or the 286
office of the secretary of state.287

       (c) A person who receives compensation for registering a 288
voter shall return any registration form entrusted to that person 289
by an applicant to any board of elections or to the office of the 290
secretary of state.291

       (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

       (C)(1) A board of elections that receives a voter 306
registration application and is satisfied as to the truth of the 307
statements made in the registration form shall register the 308
applicant not later than twenty business days after receiving the 309
application, unless that application is received during the thirty 310
days immediately preceding the day of an election. The board shall 311
promptly notify the applicant in writing of each of the following:312

       (a) The applicant's registration;313

       (b) The precinct in which the applicant is to vote;314

       (c) In bold type as follows:315

       "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

        The notification shall be by nonforwardable mail. If the mail 325
is returned to the board, it shall investigate and cause the 326
notification to be delivered to the correct address.327

       (2) If, after investigating as required under division (C)(1) 328
of this section, the board is unable to verify the voter's correct 329
address, it shall cause the voter's name in the official 330
registration list and in the poll list or signature pollbook to be 331
marked to indicate that the voter's notification was returned to 332
the board.333

       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

       Sec. 3503.191.  (A) The secretary of state shall establish 358
procedures that allow any person who is eligible to vote as a 359
uniformed services voter or an overseas voter in accordance with 360
42 U.S.C. 1973ff-6Chapter 3511. of the Revised Code to request 361
voter registration forms electronically from the office of the 362
secretary of state or the board of elections of the county in 363
which the person's voting residence is located.364

       (B) The procedures shall allow such a person to express a 365
preference for the manner in which the person will receive the 366
requested voter registration forms, whether by mail, 367
electronically, or in person. The registration forms shall be 368
transmitted by the preferred method. If the requestor does not 369
express a preferred method, the registration forms shall be 370
delivered via standard mail.371

       (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

       Sec. 3503.28.  (A) The secretary of state shall develop an 391
information brochure regarding voter registration. The brochure 392
shall include, but is not limited to, all of the following 393
information:394

       (1) The applicable deadlines for registering to vote or for 395
returning an applicant's completed registration form;396

       (2) The applicable deadline for returning an applicant's 397
completed registration form if the person returning the form is 398
being compensated for registering voters;399

       (3) The locations to which a person may return an applicant's 400
completed registration form;401

       (4) The location to which a person who is compensated for 402
registering voters may return an applicant's completed 403
registration form;404

       (5) A notice, which shall be written in bold type, stating as 405
follows:406

       "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

       (B)(1) The secretary of state shall provide the information 417
required to be included in the brochure developed under division 418
(A) of this section to any person who prints a voter registration 419
form that is made available on a web site of the office of the 420
secretary of state.421

       (2) If a board of elections operates and maintains a web 422
site, the board shall provide the information required to be 423
included in the brochure developed under division (A) of this 424
section to any person who prints a voter registration form that is 425
made available on that web site.426

       (C) As used in this section, "registering voters" includes 427
any effort, for compensation, to provide voter registration forms 428
or to assist persons in completing or returning those forms.429

       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

       (2) If an elector does not have or is unable to provide to 440
the precinct election officials any of the forms of identification 441
required under division (A)(1) of this section, the elector may 442
cast a provisional ballot under section 3505.181 of the Revised 443
Code and do either of the following:444

       (a) Appear at the office of the board of elections not later 445
than the close of the polls on the day of the election and provide 446
the identification required under division (A)(1) of this section; 447
or448

        (b) Write the elector's social security number on the 449
provisional ballot envelope, which number shall be verified by the 450
board of elections with the bureau of motor vehicles.451

       (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

       Sec. 3505.181.  (A) All of the following individuals shall be 495
permitted to cast a provisional ballot at an election:496

       (1) An individual who declares that the individual is a 497
registered voter in the jurisdiction in which the individual 498
desires to vote and that the individual is eligible to vote in an 499
election, but the name of the individual does not appear on the 500
official list of eligible voters for the polling place or an 501
election official asserts that the individual is not eligible to 502
vote;503

       (2) An individual who does not have or is unable to provide 504
to the election officials any of the forms of identification 505
required under division (A)(1) of section 3505.18 of the Revised 506
Code;507

       (3) An individual whose name in the poll list or signature 508
pollbook has been marked under section 3509.09 or 3511.13 of the 509
Revised Code as having requested an absent voter's ballot or a 510
uniformed services or overseas absent voter's ballot for that 511
election and who appears to vote at the polling place;512

       (4) An individual whose notification of registration has been 513
returned undelivered to the board of elections and whose name in 514
the official registration list and in the poll list or signature 515
pollbook has been marked under division (C)(2) of section 3503.19 516
of the Revised Code;517

       (5) An individual who is challenged under section 3505.20 of 518
the Revised Code and the election officials determine that the 519
person is ineligible to vote or are unable to determine the 520
person's eligibility to vote;521

       (6) An individual who moves from one precinct to another 522
within a county, moves from one precinct to another and changes 523
the individual's name, moves from one county to another within the 524
state, or moves from one county to another and changes the 525
individual's name and completes and signs the required forms and 526
statements under division (B) or (C) of section 3503.16 of the 527
Revised Code;528

       (7) An individual whose signature, in the opinion of the 529
precinct officers under section 3505.22 of the Revised Code, is 530
not that of the person who signed that name in the registration 531
forms;532

       (8) An individual who is challenged under section 3513.20 of 533
the Revised Code who refuses to make the statement required under 534
that section,or who a majority of the precinct officials find 535
lacks any of the qualifications to make the individual a qualified 536
elector, or who a majority of the precinct officials find is not 537
affiliated with or a member of the political party whose ballot 538
the individual desires to vote;539

        (9) An individual who is casting a ballot after the time for 540
the closing of the polls under section 3501.32 of the Revised Code 541
pursuant to a court order extending the time for the closing of 542
the polls.543

       (B) An individual who is eligible to cast a provisional 544
ballot under division (A) of this section shall be permitted to 545
cast a provisional ballot as follows:546

       (1) An election official at the polling place shall notify 547
the individual that the individual may cast a provisional ballot 548
in that election.549

       (2) The individual shall be permitted to cast a provisional 550
ballot at that polling place upon the execution of a written 551
affirmation by the individual before an election official at the 552
polling place stating that the individual is both of the 553
following:554

       (a) A registered voter in the jurisdiction in which the 555
individual desires to vote;556

       (b) Eligible to vote in that election.557

       If the individual declines to execute the affirmation, the 558
election official shall not record any of the information required 559
to be provided by the individual on the affirmation. The election 560
official shall explain to the individual that the provisional 561
ballot will not be counted.562

       (3) An election official at the polling place shall transmit 563
the ballot cast by the individual and the voter information 564
contained in the written affirmation executed by the individual 565
under division (B)(2) of this section to an appropriate local 566
election official for verification.567

       (4)(a) At the time that an individual casts a provisional 568
ballot, the appropriate local election official shall give the 569
individual written information that states that any individual who 570
casts a provisional ballot will be able to ascertain under the 571
system established under division (B)(4)(b) of this section 572
whether the vote was counted, and, if the vote was not counted, 573
the reason that the vote was not counted.574

       (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

       The appropriate state or local election official shall 585
establish and maintain reasonable procedures necessary to protect 586
the security, confidentiality, and integrity of personal 587
information collected, stored, or otherwise used by the free 588
access system established under this division. Access to 589
information about an individual ballot shall be restricted to the 590
individual who cast the ballot.591

       (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

       (2) The individual may travel to the polling place for the 608
correct jurisdiction or to the office of the board of elections to 609
cast a ballot, or the individual shall be permitted to vote a 610
provisional ballot at that jurisdiction in accordance with 611
division (B) of this section. 612

       (3) If an election official attempts to direct an individual 613
to the correct precinct under division (C)(1) of this section, and 614
the individual subsequently casts a ballot in the wrong precinct, 615
both of the following apply: 616

       (a) That ballot shall not be counted. 617

       (b) The ballot being cast in the wrong precinct shall not be 618
considered to be caused by an error on the part of the election 619
official.620

       (D) The appropriate local election official shall cause 621
voting information to be publicly posted at each polling place on 622
the day of each election.623

       (E) As used in this section and sections 3505.182 and 624
3505.183 of the Revised Code:625

       (1) "Jurisdiction" means the precinct in which a person is a 626
legally qualified elector.627

       (2) "Precinct voting location guide" means either of the 628
following:629

        (a) An electronic or paper record that lists the correct 630
jurisdiction and polling place for either each specific 631
residential street address in the county or the range of 632
residential street addresses located in each neighborhood block in 633
the county;634

        (b) Any other method that a board of elections creates that 635
allows a precinct election official or any elector who is at a 636
polling place in that county to determine the correct jurisdiction 637
and polling place of any qualified elector who resides in the 638
county.639

        (3) "Voting information" means all of the following:640

       (a) A sample version of the ballot that will be used for that 641
election;642

       (b) Information regarding the date of the election and the 643
hours during which polling places will be open;644

       (c) Instructions on how to vote, including how to cast a vote 645
and how to cast a provisional ballot;646

       (d) Instructions for mail-in registrants and first-time 647
voters under applicable federal and state laws;648

       (e) General information on voting rights under applicable 649
federal and state laws, including information on the right of an 650
individual to cast a provisional ballot and instructions on how to 651
contact the appropriate officials if these rights are alleged to 652
have been violated;653

       (f) General information on federal and state laws regarding 654
prohibitions against acts of fraud and misrepresentation.655

       (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

       The following information shall be included by the 699
provisional voter in the written affirmation in order for the 700
provisional ballot to be eligible to be counted:701

       (a) The individual's printed name;702

       (b) The individual's signature;703

       (c) The individual's date of birth;704

       (d) One of the following:705

       (i) The last four digits of the individual's social security 706
number;707

       (ii) The individual's driver's license number;708

       (iii) The individual's state identification card number;709

       (iv) Except as otherwise provided in division (B)(1) of this 710
section, anAn affirmative notation that the individual provided 711
the required identification under division (A)(1) of section 712
3505.18 of the Revised Code;713

        (e) The individual's residence address;714

        (f) A statement that the individual is a registered voter in 715
the jurisdiction in which the provisional ballot is being voted;716

       (g) A statement that the individual is eligible to vote in 717
the election in which the provisional ballot is being voted.718

       (2) If, in examining a provisional ballot affirmation and 719
comparing the information required under division (B)(1) of this 720
section with the elector's information in the statewide voter 721
registration database, the board determines that all of the 722
following apply, the provisional ballot envelope shall be opened, 723
and the ballot shall be placed in a ballot box to be counted:724

       (a) The individual named on the affirmation is properly 725
registered to vote.726

       (b) The individual named on the affirmation is eligible to 727
cast a ballot in the precinct and for the election in which the 728
individual cast the provisional ballot.729

       (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

       (d) The last four digits of the elector's social security 740
number or the elector's driver's license number or state 741
identification number are not different from the last four digits 742
of the elector's social security number or the elector's driver's 743
license number or state identification number contained in the 744
statewide voter registration database.745

       (3)(a) If, in examining a provisional ballot affirmation and 746
comparing the information required under division (B)(1) of this 747
section with the elector's information in the statewide voter 748
registration database, the board determines that any of the 749
following applies, the provisional ballot envelope shall not be 750
opened, and the ballot shall not be counted:751

       (i) The individual named on the affirmation is not qualified 752
or is not properly registered to vote.753

       (ii) The individual named on the affirmation is not eligible 754
to cast a ballot in the precinct or for the election in which the 755
individual cast the provisional ballot.756

       (iii) Except as otherwise provided in division (B)(1) of this 757
section, theThe individual did not provide all of the information 758
required under division (B)(1) of this section in the affirmation 759
that the individual executed at the time the individual cast the 760
provisional ballot.761

       (iv) The individual has already cast a ballot for the 762
election in which the individual cast the provisional ballot.763

       (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 division771
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

       (b) If, in examining a provisional ballot affirmation and 778
comparing the information required under division (B)(1) of this 779
section with the elector's information in the statewide voter 780
registration database, the board is unable to determine either of 781
the following, the provisional ballot envelope shall not be 782
opened, and the ballot shall not be counted:783

       (i) Whether the individual named on the affirmation is 784
qualified or properly registered to vote;785

       (ii) Whether the individual named on the affirmation is 786
eligible to cast a ballot in the precinct or for the election in 787
which the individual cast the provisional ballot.788

       (C)(1) For each provisional ballot rejected under division 789
(B)(3) of this section, the board shall record the name of the 790
provisional voter who cast the ballot, the identification number 791
of the provisional ballot envelope, the names of the election 792
officials who determined the validity of that ballot, the date and 793
time that the determination was made, and the reason that the 794
ballot was not counted.795

       (2) Provisional ballots that are rejected under division 796
(B)(3) of this section shall not be counted but shall be preserved 797
in their provisional ballot envelopes unopened until the time 798
provided by section 3505.31 of the Revised Code for the 799
destruction of all other ballots used at the election for which 800
ballots were provided, at which time they shall be destroyed.801

       (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

       (E) Nothing in this section shall prevent a board of 816
elections from examining provisional ballot affirmations to 817
determine the eligibility of provisional ballots to be counted 818
during the ten days after the day of an election.819

       Sec. 3509.021. Except as provided in section 3509.031 of the 820
Revised Code allAll identification envelopes containing absent 821
voter's ballots for former resident voters who are entitled to 822
vote for presidential and vice-presidential electors only, shall 823
have printed or stamped thereon the words, "Presidential Ballot."824

       Sec. 3509.03.  Except as provided in section 3509.031 or825
division (B) of section 3509.08 of the Revised Code, any qualified 826
elector desiring to vote absent voter's ballots at an election 827
shall make written application for those ballots to the board of 828
elections of the county in which the elector's voting residence is 829
located. The application need not be in any particular form but 830
shall contain all of the following:831

       (A) The elector's name;832

       (B) The elector's signature;833

       (C) The address at which the elector is registered to vote;834

       (D) The elector's date of birth;835

       (E) One of the following:836

       (1) The elector's driver's license number or state 837
identification card number;838

       (2) The last four digits of the elector's social security 839
number;840

       (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

       (F) A statement identifying the election for which absent 848
voter's ballots are requested;849

       (G) A statement that the person requesting the ballots is a 850
qualified elector;851

       (H) If the request is for primary election ballots, the 852
elector's party affiliation;853

       (I) If the elector desires ballots to be mailed to the 854
elector, the address to which those ballots shall be mailed.855

       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

       A board of elections shall not mail any unsolicited 867
applications for absent voter's ballots. A board shall only mail 868
an absent voter's ballot application to an elector who has 869
requested such an application from the board. A board of elections 870
that mails an absent voter's ballot application to an elector 871
under this section shall not prepay the return postage for that 872
application.873

       Sec. 3509.04. (A) If a board of elections receives an 874
application for absent voter's ballots that does not contain all 875
of the required information, the board promptly shall notify the 876
applicant of the additional information required to be provided by 877
the applicant to complete that application.878

       (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 3509.031881
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

"Identification Envelope Statement of Voter
890

       I, ........................(Name of voter), declare under 891
penalty of election falsification that the within ballot or 892
ballots contained no voting marks of any kind when I received 893
them, and I caused the ballot or ballots to be marked, enclosed in 894
the identification envelope, and sealed in that envelope.895

       My voting residence in Ohio is896

...................................................................897

(Street and Number, if any, or Rural Route and Number)
898

of ................................ (City, Village, or Township) 899
Ohio, which is in Ward ............... Precinct ................ 900
in that city, village, or township.901

       The primary election ballots, if any, within this envelope 902
are primary election ballots of the ............. Party.903

       Ballots contained within this envelope are to be voted at the 904
.......... (general, special, or primary) election to be held on 905
the .......................... day of ......................, ....906

       My date of birth is ............... (Month and Day), 907
.......... (Year).908

       (Voter must provide one of the following:) 909

       My driver's license number is ............... (Driver's 910
license number).911

       My state identification card number is ............... (Ohio 912
identification card number).913

       MyThe last four digits of my Social Security Number isare914
............... (Last four digits of Social Security Number).915

       ...... 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

       I hereby declare, under penalty of election falsification, 925
that the statements above are true, as I verily believe.926

927
(Signature of Voter) 928

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 929
THE FIFTH DEGREE."930

       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

       (2) Division (B)(1) of this section shall not apply to any 1006
mail that is postmarked using a postage evidencing system, 1007
including a postage meter, as defined in 39 C.F.R. 501.1.1008

       (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 name1025
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

       Sec. 3511.01.  As used in this chapter:1050

       (A) "Dependent" means a person who is recognized as a 1051
dependent by one of the uniformed services.1052

       (B) "Overseas voter" means any of the following:1053

       (1) A person who is outside of the United States and who, 1054
before leaving the United States, was last eligible to vote in 1055
this state, who may be considered a state resident using the 1056
standards for residency established in sections 3503.02 and 1057
3511.011 of the Revised Code, and who otherwise satisfies the 1058
requirements to vote in this state;1059

       (2) A person who is outside of the United States and who, 1060
before leaving the United States, would have been eligible to vote 1061
in this state had the person then been eighteen years of age or 1062
older, who may be considered a state resident using the standards 1063
for residency established in sections 3503.02 and 3511.011 of the 1064
Revised Code, and who otherwise satisfies the requirements to vote 1065
in this state;1066

       (3) A person who was born outside of the United States, who 1067
may be considered a state resident using the standards for 1068
residency established in sections 3503.02 and 3511.011 of the 1069
Revised Code, and who otherwise satisfies the requirements to vote 1070
in this state, if both of the following apply:1071

       (a) The last place where the person's parent or legal 1072
guardian was, or would have been, eligible to vote before leaving 1073
the United States is within this state; and1074

       (b) The person has not previously registered to vote in any 1075
other state.1076

       (C) "Uniformed services" means:1077

       (1) Active and reserve components of the army, navy, air 1078
force, marine corps, or coast guard of the United States;1079

       (2) The merchant marine, the commissioned corps of the public 1080
health service, or the commissioned corps of the national oceanic 1081
and atmospheric administration of the United States; 1082

       (3) The national guard and the organized militia.1083

       (D) "Uniformed services voter" means an individual who is 1084
qualified to vote in this state and who is:1085

       (1) A member of one of the uniformed services described in 1086
division (C)(1) or (2) of this section;1087

       (2) A member of one of the uniformed services described in 1088
division (C)(3) of this section who is on activated status.1089

       (3) A spouse or dependent of a uniformed services voter.1090

       Sec. 3511.01.        Sec. 3511.011.  Any section of the Revised Code to 1091
the contrary notwithstanding, any person who qualifies as a 1092
uniformed services voter or an overseas voter, as defined in 42 1093
U.S.C. 1973ff-6, who will be eighteen years of age or more on the 1094
day of a general or special election and who is a citizen of the 1095
United States, may vote uniformed services or overseas absent 1096
voter's ballots in such general or special election as follows:1097

       (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

       (A) That person may make written application for those 1169
ballots. The person may personally deliver the application to the 1170
board or may mail it, send it by facsimile machine, send it by 1171
electronic mail, send it through internet delivery if such 1172
delivery is offered by the board of elections or the secretary of 1173
state, or otherwise send it to the board. The application need not 1174
be in any particular form but shall contain all of the following 1175
information:1176

       (1) The elector's name;1177

       (2) The elector's signature;1178

       (3) The address at which the elector is registered to vote;1179

       (4) The elector's date of birth;1180

       (5) One of the following:1181

       (a) The elector's driver's license number or state 1182
identification card number;1183

       (b) The last four digits of the elector's social security 1184
number;1185

       (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

       (6) A statement identifying the election for which absent 1193
voter's ballots are requested;1194

       (7) A statement that the person requesting the ballots is a 1195
qualified elector;1196

       (8) A statement that the elector is an absent uniformed 1197
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;1198

       (9) A statement of the elector's length of residence in the 1199
state immediately preceding the commencement of service, 1200
immediately preceding the date of leaving to be with or near the 1201
service member, or immediately preceding leaving the United 1202
States, or a statement that the elector's parent or legal guardian 1203
resided in this state long enough to establish residency for 1204
voting purposes immediately preceding leaving the United States,1205
whichever is applicable;1206

       (10) If the request is for primary election ballots, the 1207
elector's party affiliation;1208

       (11) If the elector desires ballots to be mailed to the 1209
elector, the address to which those ballots shall be mailed;1210

       (12) If the elector desires ballots to be sent to the elector 1211
by facsimile machine, the telephone number to which they shall be 1212
so sent;1213

       (13) If the elector desires ballots to be sent to the elector 1214
by electronic mail or, if offered by the board of elections or the 1215
secretary of state, through internet delivery, the elector's 1216
electronic mail address or other internet contact information.1217

       (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

       (1) The full name of the elector for whom ballots are 1248
requested;1249

       (2) A statement that the elector is an absent uniformed 1250
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;1251

       (3) The address at which the elector is registered to vote;1252

       (4) A statement identifying the elector's length of residence 1253
in the state immediately preceding the commencement of service, 1254
immediately preceding the date of leaving to be with or near a 1255
service member, or immediately preceding leaving the United 1256
States, or a statement that the elector's parent or legal guardian 1257
resided in this state long enough to establish residency for 1258
voting purposes immediately preceding leaving the United States,1259
as the case may be;1260

        (5) The elector's date of birth;1261

       (6) One of the following:1262

       (a) The elector's driver's license number or state 1263
identification card number;1264

       (b) The last four digits of the elector's social security 1265
number;1266

       (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

       (7) A statement identifying the election for which absent 1274
voter's ballots are requested;1275

       (8) A statement that the person requesting the ballots is a 1276
qualified elector;1277

       (9) If the request is for primary election ballots, the 1278
elector's party affiliation;1279

        (10) A statement that the applicant bears a relationship to 1280
the elector as specified in division (C) of this section;1281

        (11) The address to which ballots shall be mailed or, the 1282
telephone number to which ballots shall be sent by facsimile 1283
machine, the electronic mail address to which ballots shall be 1284
sent by electronic mail, or, if internet delivery is offered by 1285
the board of elections or the secretary of state, the internet 1286
contact information to which ballots shall be sent through 1287
internet delivery;1288

        (12) The signature and address of the person making the 1289
application.1290

       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

       (D) If the voter for whom the application is made is entitled 1302
to vote for presidential and vice-presidential electors only, the 1303
applicant shall submit to the board in addition to the 1304
requirements of divisions (A), (B), and (C) of this section, a 1305
statement to the effect that the voter is qualified to vote for 1306
presidential and vice-presidential electors and for no other 1307
offices.1308

       Sec. 3511.021.  (A)(1) The secretary of state shall establish 1309
procedures that allow any person who is eligible to vote as a 1310
uniformed services voter or an overseas voter in accordance with 1311
42 U.S.C. 1973ff-6 to apply by electronic means to the office of 1312
the secretary of state or to the board of elections of the county 1313
in which the person's voting residence is located for a uniformed 1314
services or overseas absent voter's ballot. 1315

       (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

       (3) To the extent practicable, the procedures shall protect 1334
the security and integrity of the ballot request and delivery 1335
process, and protect the privacy of the identity and personal data 1336
of the person when such applications and ballots are requested, 1337
processed, and sent. 1338

       (4) No person shall return by electronic means to the 1339
secretary of state, a board of elections, or any other entity a 1340
completed or voted uniformed services or overseas absent voter's 1341
ballot. If a ballot is so returned, the ballot shall not be 1342
accepted, processed, or counted.1343

       (B)(1) The secretary of state, in coordination with the 1344
boards of elections, shall establish a free access system by which 1345
an absent uniformed services voter or overseas voter may determine 1346
the following:1347

       (a) Whether that person's request for a uniformed services or 1348
overseas absent voter's ballot was received and processed;1349

       (b) If the person's request was received and processed, when 1350
the uniformed services or overseas absent voter's ballot was sent;1351

       (c) Whether any uniformed services or overseas absent voter's 1352
ballot returned by that person has been received by election 1353
officials; 1354

       (d) Whether the board of elections found any error on the 1355
identification envelope containing the person's returned uniformed 1356
services or overseas absent voter's ballot and, if so, how the 1357
person may correct any error within ten days after the day of an 1358
election; and1359

       (e) Whether the person's uniformed services or overseas 1360
absent voter's ballot was counted.1361

       (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

       Sec. 3511.04.  (A) If a board of elections receives an 1373
application for uniformed services or overseas absent voter's 1374
ballots that does not contain all of the required information, the 1375
board promptly shall notify the applicant of the additional 1376
information required to be provided by the applicant to complete 1377
that application.1378

       (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

       In mailing uniformed services or overseas absent voter's 1409
ballots, the board shall use the fastest mail service available, 1410
but the board shall not mail them by certified mail.1411

       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

"Identification Envelope Statement of Voter
1421

       I, ........................(Name of voter), declare under 1422
penalty of election falsification that the within ballot or 1423
ballots contained no voting marks of any kind when I received 1424
them, and I caused the ballot or ballots to be marked, enclosed in 1425
the identification envelope, and sealed in that envelope.1426

       My voting residence in Ohio is1427

...................................................................1428

(Street and Number, if any, or Rural Route and Number)
1429

of ................................ (City, Village, or Township) 1430
Ohio, which is in Ward ............... Precinct ................ 1431
in that city, village, or township.1432

       The primary election ballots, if any, within this envelope 1433
are primary election ballots of the ............. Party.1434

       Ballots contained within this envelope are to be voted at the 1435
.......... (general, special, or primary) election to be held on 1436
the .......................... day of ......................, ....1437

       My date of birth is ............... (Month and Day), 1438
.......... (Year).1439

       (Voter must provide one of the following:)1440

       My driver's license number is ............... (Driver's 1441
license number).1442

       My state identification card number is ............... (Ohio 1443
identification card number).1444

       MyThe last four digits of my Social Security Number isare1445
............... (Last four digits of Social Security Number).1446

       ...... 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

       I hereby declare, under penalty of election falsification, 1456
that the statements above are true, as I verily believe.1457

1458
(Signature of Voter) 1459

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 1460
THE FIFTH DEGREE."1461

       (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

       (C) On the back of each identification envelope and each 1487
return envelope shall be printed the following:1488

"Instructions to voter:1489

       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

       The flap on this envelope was firmly stuck to the back of the 1497
envelope when received, and required forced opening before sealing 1498
and mailing.1499

1500
(Signature of voter)" 1501

       (D) Division (C) of this section does not apply when absent 1502
voter's ballots are sent electronically, including by facsimile 1503
machine.1504

       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

       Every uniformed services or overseas absent voter's ballot 1539
identification envelope shall be accompanied by the following 1540
statement in boldface capital letters: WHOEVER COMMITS ELECTION 1541
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.1542

       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 3511.011572
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

       (B) Uniformed services or overseas absent voter's ballots 1591
delivered to the board not later than the close of the polls on 1592
election day shall be counted in the manner provided in section 1593
3509.06 of the Revised Code.1594

       (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

       (2) Division (D)(1) of this section shall not apply to any 1632
mail that is postmarked using a postage evidencing system, 1633
including a postage meter, as defined in 39 C.F.R. 501.1.1634

       (E) The following types of uniformed services or overseas 1635
absent voter's ballots shall not be counted:1636

       (1) Uniformed services or overseas absent voter's ballots 1637
contained in return envelopes that bear the designation "Official 1638
Election Uniformed Services or Overseas Absent Voter's Ballots," 1639
that are received by the board after the close of the polls on the 1640
day of the election, and that either are postmarked, or contain an 1641
identification envelope that is signed, on or after election day1642
the time specified in section 3511.09 of the Revised Code;1643

       (2) Uniformed services or overseas absent voter's ballots 1644
contained in return envelopes that bear that designation, that do 1645
not indicate they are from voters who will be outside the United 1646
States on the day of the election, and that are received after the 1647
tenth day following the election;1648

       (3) Uniformed services or overseas absent voter's ballots 1649
contained in return envelopes that bear that designation, that are 1650
received by the board within ten days after the day of the 1651
election, and that were postmarked before the day of the election 1652
using a postage evidencing system, including a postage meter, as 1653
defined in 39 C.F.R. 501.1.1654

       The uncounted ballots shall be preserved in their 1655
identification envelopes unopened until the time provided by 1656
section 3505.31 of the Revised Code for the destruction of all 1657
other ballots used at the election for which ballots were 1658
provided, at which time they shall be destroyed.1659

       Sec. 3511.14. (A) A board of elections shall accept and 1660
process federal write-in absentee ballots for all elections for1661
federal, state, andor local elections conductedoffice and for 1662
all ballot questions and issues in any year as required under "The 1663
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 1664
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.1665

       (B) A uniformed services or overseas voter may use the 1666
declaration accompanying a federal write-in absentee ballot to 1667
apply to register to vote simultaneously with the submission of 1668
the federal write-in absentee ballot, if the declaration is 1669
received not later than thirty days before the day of the 1670
election. If the declaration is received after that date, the 1671
declaration shall be considered an application to register to vote 1672
for all subsequent elections.1673

       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

       (B) A uniformed services or overseas voter may request a copy 1706
of an election notice prepared under division (A) of this section. 1707
The board of elections shall send the notice to the voter by 1708
facsimile transmission, electronic mail, or regular mail, as the 1709
voter requests. 1710

       (C) As soon as the form of the ballot is certified, and not 1711
later than the date uniformed services and overseas ballots are 1712
required to be transmitted to voters under section 3509.01 of the 1713
Revised Code, the board shall update the notice with the certified 1714
candidates for each office and ballot questions and issues and 1715
make the updated notice publicly available. 1716

       (D) A board of elections that maintains an internet web site 1717
shall make the election notice prepared under division (A) of this 1718
section and updated versions of the election notice regularly 1719
available on that web site.1720

       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