| Sec. 3509.08. (A) Any qualified elector, who, on account of | 10 |
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the elector's own personal illness, physical disability, or | 11 |
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infirmity, or on account of the elector's confinement in a jail or | 12 |
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workhouse under sentence for a misdemeanor or awaiting trial on a | 13 |
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felony or misdemeanor, will be unable to travel from the elector's | 14 |
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home or place of confinement to the voting booth in the elector's | 15 |
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precinct on the day of any general, special, or primary election | 16 |
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may make application in writing for an absent voter's ballot to | 17 |
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the director of the board of elections of the elector's county. | 18 |
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The application shall include all of the information required | 19 |
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under section 3509.03 of the Revised Code and shall state the | 20 |
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nature of the elector's illness, physical disability, or | 21 |
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infirmity, or the fact that the elector is confined in a jail or | 22 |
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workhouse and the elector's resultant inability to travel to the | 23 |
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election booth in the elector's precinct on election day. The | 24 |
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application shall not be valid if it is delivered to the director | 25 |
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before the ninetieth day or after twelve noon of the third day | 26 |
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before the day of the election at which the ballot is to be voted. | 27 |
| The absent voter's ballot may be mailed directly to the | 28 |
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applicant at the applicant's voting residence or place of | 29 |
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confinement as stated in the applicant's application, or the board | 30 |
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may designate two board employees belonging to the two major | 31 |
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political parties for the purpose of delivering the ballot to the | 32 |
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disabled or confined elector and returning it to the board, unless | 33 |
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the applicant is confined to a public or private institution | 34 |
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within the county, in which case the board shall designate two | 35 |
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board employees belonging to the two major political parties for | 36 |
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the purpose of delivering the ballot to the disabled or confined | 37 |
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elector and returning it to the board. In all other instances, the | 38 |
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ballot shall be returned to the office of the board in the manner | 39 |
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prescribed in section 3509.05 of the Revised Code. | 40 |
| Any disabled or confined elector who declares to the two | 41 |
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board employees belonging to the two major political parties that | 42 |
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the elector is unable to mark the elector's ballot by reason of | 43 |
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physical infirmity that is apparent to the employees to be | 44 |
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sufficient to incapacitate the voter from marking the elector's | 45 |
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ballot properly, may receive, upon request, the assistance of the | 46 |
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employees in marking the elector's ballot, and they shall | 47 |
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thereafter give no information in regard to this matter. Such | 48 |
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assistance shall not be rendered for any other cause. | 49 |
| (2) The application authorized under division (B)(1) of this | 72 |
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section shall be made in writing, shall include all of the | 73 |
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information required under section 3509.03 of the Revised Code, | 74 |
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and shall be delivered to the director not later than three p.m. | 75 |
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on the day of the election. The application shall indicate the | 76 |
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hospital where the applicant or the applicant's child is confined, | 77 |
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the date of the applicant's or the applicant's child's admission | 78 |
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to the hospital, and the offices for which the applicant is | 79 |
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qualified to vote. The applicant may also request that a member of | 80 |
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the applicant's family, as listed in section 3509.05 of the | 81 |
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Revised Code, deliver the absent voter's ballot to the applicant. | 82 |
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The director, after establishing to the director's satisfaction | 83 |
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the validity of the circumstances claimed by the applicant, shall | 84 |
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supply an absent voter's ballot to be delivered to the applicant. | 85 |
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When the applicant or the applicant's child is in a hospital in | 86 |
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the county where the applicant is a qualified elector and no | 87 |
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request is made for a member of the family to deliver the ballot, | 88 |
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the director shall arrange for the delivery of an absent voter's | 89 |
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ballot to the applicant, and for its return to the office of the | 90 |
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board, by two board employees belonging to the two major political | 91 |
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parties according to the procedures prescribed in division (A) of | 92 |
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this section. When the applicant or the applicant's child is in a | 93 |
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hospital outside the county where the applicant is a qualified | 94 |
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elector and no request is made for a member of the family to | 95 |
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deliver the ballot, the director shall arrange for the delivery of | 96 |
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an absent voter's ballot to the applicant by mail, and the ballot | 97 |
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shall be returned to the office of the board in the manner | 98 |
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prescribed in section 3509.05 of the Revised Code. | 99 |
| (3) Any qualified elector who is eligible to vote under | 100 |
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division (B) or (C) of section 3503.16 of the Revised Code but is | 101 |
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unable to do so because of the circumstances described in division | 102 |
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(B)(2) of this section may vote in accordance with division (B)(1) | 103 |
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of this section if that qualified elector states in the | 104 |
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application for absent voter's ballots that that qualified elector | 105 |
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moved or had a change of name under the circumstances described in | 106 |
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division (B) or (C) of section 3503.16 of the Revised Code and if | 107 |
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that qualified elector complies with divisions (G)(1) to (4) of | 108 |
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section 3503.16 of the Revised Code. | 109 |
| (D) Any qualified elector described in division (A) or (B)(1) | 115 |
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of this section who is confined to a hospital or other health care | 116 |
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facility under isolation shall be permitted to cast a ballot with | 117 |
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the assistance of two board employees belonging to the two major | 118 |
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political parties according to the procedures described in | 119 |
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division (A) of this section. The board employees may accept the | 120 |
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elector's verbal instructions for marking the ballot using | 121 |
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telephonic or other electronic means, as long as the elector and | 122 |
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both board of elections employees can hear each other at all | 123 |
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times. If possible under the circumstances, the elector and board | 124 |
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of elections employees shall be in view of each other at all times | 125 |
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during the voting process. Such an elector shall not be required | 126 |
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to sign the identification envelope for the elector's absent | 127 |
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voter's ballot to be counted. The board of elections employees | 128 |
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assisting the elector in marking the elector's ballot may obtain a | 129 |
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facsimile copy of the elector's signature from the hospital, which | 130 |
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signature shall be affixed to the identification envelope and used | 131 |
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for signature verification purposes. | 132 |