As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 148

Senator Wagoner 

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A BILL

To amend sections 111.27, 309.09, 3501.01, 3501.02,

1

3501.05, 3501.051, 3501.11, 3501.13, 3501.17,

2

3501.22, 3501.26, 3501.27, 3501.28, 3501.29,

3

3501.30, 3501.31, 3501.32, 3501.33, 3501.35,

4

3501.37, 3501.38, 3503.02, 3503.06, 3503.10,

5

3503.14, 3503.15, 3503.16, 3503.18, 3503.19,

6

3503.21, 3503.26, 3503.28, 3505.11, 3505.17,

7

3505.18, 3505.181, 3505.182, 3505.183, 3505.20,

8

3505.21, 3505.23, 3505.24, 3505.26, 3505.28,

9

3505.29, 3505.30, 3505.31, 3506.05, 3506.12,

10

3506.15, 3509.01, 3509.03, 3509.031, 3509.04,

11

3509.05, 3509.06, 3509.07, 3509.08, 3509.09,

12

3511.02, 3511.04, 3511.05, 3511.06, 3511.07,

13

3511.08, 3511.09, 3511.10, 3511.11, 3511.13,

14

3511.14, 3513.02, 3513.131, 3513.19, 3513.21,

15

3513.30, 3513.31, 3515.04, 3517.01, 3517.012,

16

3519.01, 3519.16, 3599.07, 3599.17, 3599.19,

17

3599.31, 4301.32, 4301.334, 4303.29, and 4305.14,

18

to enact sections 3501.111, 3501.302, 3503.20,

19

3505.05, and 3506.021, and to repeal sections

20

3503.29, 3506.16, 3513.301, and 3513.312 to revise

21

the Election Law.

22

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

Section 1. That sections 111.27, 309.09, 3501.01, 3501.02,	23
3501.05, 3501.051, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	24
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	25
3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.10, 3503.14,	26
3503.15, 3503.16, 3503.18, 3503.19, 3503.21, 3503.26, 3503.28,	27
3505.11, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183, 3505.20,	28
3505.21, 3505.23, 3505.24, 3505.26, 3505.28, 3505.29, 3505.30,	29
3505.31, 3506.05, 3506.12, 3506.15, 3509.01, 3509.03, 3509.031,	30
3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09, 3511.02,	31
3511.04, 3511.05, 3511.06, 3511.07, 3511.08, 3511.09, 3511.10,	32
3511.11, 3511.13, 3511.14, 3513.02, 3513.131, 3513.19, 3513.21,	33
3513.30, 3513.31, 3515.04, 3517.01, 3517.012, 3519.01, 3519.16,	34
3599.07, 3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29,	35
and 4305.14 be amended and sections 3501.111, 3501.302, 3503.20,	36
3505.05, and 3506.021 of the Revised Code be enacted to read as	37
follows:	38

Sec. 111.27. There is hereby established in the state	39
treasury the board of elections reimbursement and education fund.	40
The fund shall be used by the secretary of state to reimburse	41
boards of elections for various purposes, including reimbursements	42
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of	43
the Revised Code, and to provide training and educational programs	44
for members and employees of boards of elections. The fund shall	45
receive transfers of cash pursuant to controlling board action and	46
also shall receive revenues from fees, gifts, grants, donations,	47
and other similar receipts.	48

Sec. 309.09.  (A) The prosecuting attorney shall be the legal	49
adviser of the board of county commissioners, board of elections,	50
and all other county officers and boards, including all	51
tax-supported public libraries, and any of them may require	52
written opinions or instructions from the prosecuting attorney in	53
matters connected with their official duties. The prosecuting	54
attorney shall prosecute and defend all suits and actions which	55
any such officer or board directs or to which it is a party, and	56
no county officer may employ any other counsel or attorney at the	57
expense of the county, except as provided in section 305.14 of the	58
Revised Code.	59

(B)(1) The prosecuting attorney shall be the legal adviser	60
for all township officers, boards, and commissions, unless,	61
subject to division (B)(2) of this section, the township has	62
adopted a limited home rule government pursuant to Chapter 504. of	63
the Revised Code and has not entered into a contract to have the	64
prosecuting attorney serve as the township law director, in which	65
case, subject to division (B)(2) of this section, the township law	66
director, whether serving full-time or part-time, shall be the	67
legal adviser for all township officers, boards, and commissions.	68
When the board of township trustees finds it advisable or	69
necessary to have additional legal counsel, it may employ an	70
attorney other than the township law director or the prosecuting	71
attorney of the county, either for a particular matter or on an	72
annual basis, to represent the township and its officers, boards,	73
and commissions in their official capacities and to advise them on	74
legal matters. No such legal counsel may be employed, except on	75
the order of the board of township trustees, duly entered upon its	76
journal, in which the compensation to be paid for the legal	77
services shall be fixed. The compensation shall be paid from the	78
township fund.	79

Nothing in this division confers any of the powers or duties	80
of a prosecuting attorney under section 309.08 of the Revised Code	81
upon a township law director.	82

(2)(a) If any township in the county served by the	83
prosecuting attorney has adopted any resolution regarding the	84
operation of adult entertainment establishments pursuant to the	85
authority that is granted under section 503.52 of the Revised Code	86
or if a resolution of that nature has been adopted under section	87
503.53 of the Revised Code in a township in the county served by	88
the prosecuting attorney, all of the following apply:	89

(i) Upon the request of a township in the county that has	90
adopted, or in which has been adopted, a resolution of that nature	91
that is made pursuant to division (E)(1)(c) of section 503.52 of	92
the Revised Code, the prosecuting attorney shall prosecute and	93
defend on behalf of the township in the trial and argument in any	94
court or tribunal of any challenge to the validity of the	95
resolution. If the challenge to the validity of the resolution is	96
before a federal court, the prosecuting attorney may request the	97
attorney general to assist the prosecuting attorney in prosecuting	98
and defending the challenge and, upon the prosecuting attorney's	99
making of such a request, the attorney general shall assist the	100
prosecuting attorney in performing that service if the resolution	101
was drafted in accordance with legal guidance provided by the	102
attorney general as described in division (B)(2) of section 503.52	103
of the Revised Code. The attorney general shall provide this	104
assistance without charge to the township for which the service is	105
performed. If a township adopts a resolution without the legal	106
guidance of the attorney general, the attorney general is not	107
required to provide assistance as described in this division to a	108
prosecuting attorney.	109

(ii) Upon the request of a township in the county that has	110
adopted, or in which has been adopted, a resolution of that nature	111
that is made pursuant to division (E)(1)(a) of section 503.52 of	112
the Revised Code, the prosecuting attorney shall prosecute and	113
defend on behalf of the township a civil action to enjoin the	114
violation of the resolution in question.	115

(iii) Upon the request of a township in the county that has	116
adopted, or in which has been adopted, a resolution of that nature	117
that is made pursuant to division (E)(1)(b) of section 503.52 of	118
the Revised Code, the prosecuting attorney shall prosecute and	119
defend on behalf of the township a civil action under Chapter	120
3767. of the Revised Code to abate as a nuisance the place in the	121
unincorporated area of the township at which the resolution is	122
being or has been violated. Proceeds from the sale of personal	123
property or contents seized pursuant to the action shall be	124
applied and deposited in accordance with division (E)(1)(b) of	125
section 503.52 of the Revised Code.	126

(b) The provisions of division (B)(2)(a) of this section	127
apply regarding all townships, including townships that have	128
adopted a limited home rule government pursuant to Chapter 504. of	129
the Revised Code, and regardless of whether a township that has so	130
adopted a limited home rule government has entered into a contract	131
with the prosecuting attorney as described in division (B) of	132
section 504.15 of the Revised Code or has appointed a law director	133
as described in division (A) of that section.	134

The prosecuting attorney shall prosecute and defend in the	135
actions and proceedings described in division (B)(2)(a) of this	136
section without charge to the township for which the services are	137
performed.	138

(C) Whenever the board of county commissioners employs an	139
attorney other than the prosecuting attorney of the county,	140
without the authorization of the court of common pleas as provided	141
in section 305.14 of the Revised Code, either for a particular	142
matter or on an annual basis, to represent the board in its	143
official capacity and to advise it on legal matters, the board	144
shall enter upon its journal an order of the board in which the	145
compensation to be paid for the legal services shall be fixed. The	146
compensation shall be paid from the county general fund. The total	147
compensation paid, in any year, by the board for legal services	148
under this division shall not exceed the total annual compensation	149
of the prosecuting attorney for that county.	150

(D) The prosecuting attorney and the board of county	151
commissioners jointly may contract with a board of park	152
commissioners under section 1545.07 of the Revised Code for the	153
prosecuting attorney to provide legal services to the park	154
district the board of park commissioners operates.	155

(E) The prosecuting attorney may be, in the prosecuting	156
attorney's discretion and with the approval of the board of county	157
commissioners, the legal adviser of a joint fire district created	158
under section 505.371 of the Revised Code at no cost to the	159
district or may be the legal adviser to the district under a	160
contract that the prosecuting attorney and the district enter	161
into, and that the board of county commissioner approves, to	162
authorize the prosecuting attorney to provide legal services to	163
the district.	164

(F) The prosecuting attorney may be, in the prosecuting	165
attorney's discretion and with the approval of the board of county	166
commissioners, the legal adviser of a joint ambulance district	167
created under section 505.71 of the Revised Code at no cost to the	168
district or may be the legal adviser to the district under a	169
contract that the prosecuting attorney and the district enter	170
into, and that the board of county commissioners approves, to	171
authorize the prosecuting attorney to provide legal services to	172
the district.	173

(G) The prosecuting attorney may be, in the prosecuting	174
attorney's discretion and with the approval of the board of county	175
commissioners, the legal adviser of a joint emergency medical	176
services district created under section 307.052 of the Revised	177
Code at no cost to the district or may be the legal adviser to the	178
district under a contract that the prosecuting attorney and the	179
district enter into, and that the board of county commissioners	180
approves, to authorize the prosecuting attorney to provide legal	181
services to the district.	182

(H) The prosecuting attorney may be, in the prosecuting	183
attorney's discretion and with the approval of the board of county	184
commissioners, the legal adviser of a fire and ambulance district	185
created under section 505.375 of the Revised Code at no cost to	186
the district or may be the legal adviser to the district under a	187
contract that the prosecuting attorney and the district enter	188
into, and that the board of county commissioners approves, to	189
authorize the prosecuting attorney to provide legal services to	190
the district.	191

(I) All money received pursuant to a contract entered into	192
under division (D), (E), (F), (G), or (H) of this section shall be	193
deposited into the prosecuting attorney's legal services fund,	194
which shall be established in the county treasury of each county	195
in which such a contract exists. Moneys in that fund may be	196
appropriated only to the prosecuting attorney for the purpose of	197
providing legal services to a park district, joint fire district,	198
joint ambulance district, joint emergency medical services	199
district, or a fire and ambulance district, as applicable, under a	200
contract entered into under the applicable division.	201

(J) As part of the prosecuting attorney's duties as the legal	202
advisory of the board of elections, the prosecuting attorney shall	203
give final approval to ballot language for any local question or	204
issue approved and transmitted by boards of elections under	205
section 3501.11 of the Revised Code.	206

Sec. 3501.01.  As used in the sections of the Revised Code	207
relating to elections and political communications:	208

(A) "General election" means the election held on the first	209
Tuesday after the first Monday in each November.	210

(B) "Regular municipal election" means the election held on	211
the first Tuesday after the first Monday in November in each	212
odd-numbered year.	213

(C) "Regular state election" means the election held on the	214
first Tuesday after the first Monday in November in each	215
even-numbered year.	216

(D) "Special election" means any election other than those	217
elections defined in other divisions of this section. A special	218
election may be held only on the first Tuesday after the first	219
Monday in February, May, August, or November, or on the day	220
authorized by a particular municipal or county charter for the	221
holding of a primary election, except that in any year in which a	222
presidential primary election is held, no special election shall	223
be held in February or May, except as authorized by a municipal or	224
county charter, but may be held on the first Tuesday after the	225
first Monday in March.	226

(E)(1) "Primary" or "primary election" means an election held	227
for the purpose of nominating persons as candidates of political	228
parties for election to offices, and for the purpose of electing	229
persons as members of the controlling committees of political	230
parties and as delegates and alternates to the conventions of	231
political parties. Primary elections shall be held on the first	232
Tuesday after the first Monday in May of each year except in years	233
in which a presidential primary election is held.	234

(2) "Presidential primary election" means a primary election	235
as defined by division (E)(1) of this section at which an election	236
is held for the purpose of choosing delegates and alternates to	237
the national conventions of the major political parties pursuant	238
to section 3513.12 of the Revised Code. Unless otherwise	239
specified, presidential primary elections are included in	240
references to primary elections. In years in which a presidential	241
primary election is held, all primary elections shall be held on	242
the first Tuesday after the first Monday in March except as	243
otherwise authorized by a municipal or county charter.	244

(F) "Political party" means any group of voters meeting the	245
requirements set forth in section 3517.01 of the Revised Code for	246
the formation and existence of a political party.	247

(1) "Major political party" means any political party	248
organized under the laws of this state whose candidate for	249
governor or nominees for presidential electors received no less	250
than twenty per cent of the total vote cast for such office at the	251
most recent regular state election.	252

(2) "Intermediate political party" means any political party	253
organized under the laws of this state whose candidate for	254
governor or nominees for presidential electors received less than	255
twenty per cent but not less than ten per cent of the total vote	256
cast for such office at the most recent regular state election.	257

(3) "Minor political party" means any political party	258
organized under the laws of this state whose candidate for	259
governor or nominees for presidential electors received less than	260
ten per cent but not less than five per cent of the total vote	261
cast for such office at the most recent regular state election or	262
whichthat has filed a petition meeting the requirements of	263
division (A)(1)(a) or (b) of section 3517.01 of the Revised Code	264
with the secretary of state, subsequent to any election in which	265
it received less than five per cent of such vote, a petition	266
signed by qualified electors equal in number to at least one per	267
cent of the total vote cast for such office in the last preceding	268
regular state election, except that a newly formed political party	269
shall be known as a minor political party until the time of the	270
first election for governor or president which occurs not less	271
than twelve months subsequent to the formation of such party,	272
after which election the status of such party shall be determined	273
by the vote for the office of governor or president.	274

(G) "Dominant party in a precinct" or "dominant political	275
party in a precinct" means that political party whose candidate	276
for election to the office of governor at the most recent regular	277
state election at which a governor was elected received more votes	278
than any other person received for election to that office in such	279
precinct at such election.	280

(H) "Candidate" means any qualified person certified in	281
accordance with the provisions of the Revised Code for placement	282
on the official ballot of a primary, general, or special election	283
to be held in this state, or any qualified person who claims to be	284
a write-in candidate, or who knowingly assents to being	285
represented as a write-in candidate by another at either a	286
primary, general, or special election to be held in this state.	287

(I) "Independent candidate" means any candidate who claims	288
not to be affiliated with a political party, and whose name has	289
been certified on the office-type ballot at a general or special	290
election through the filing of a statement of candidacy and	291
nominating petition, as prescribed in section 3513.257 of the	292
Revised Code.	293

(J) "Nonpartisan candidate" means any candidate whose name is	294
required, pursuant to section 3505.04 of the Revised Code, to be	295
listed on the nonpartisan ballot, including all candidates for	296
judicial office, for member of any board of education, for	297
municipal or township offices in which primary elections are not	298
held for nominating candidates by political parties, and for	299
offices of municipal corporations having charters that provide for	300
separate ballots for elections for these offices.	301

(K) "Party candidate" means any candidate who claims to be a	302
member of a political party, whose name has been certified on the	303
office-type ballot at a general or special election through the	304
filing of a declaration of candidacy and petition of candidate,	305
and who has won the primary election of the candidate's party for	306
the public office the candidate seeks or is selected by party	307
committee in accordance with section 3513.31 of the Revised Code.	308

(L) "Officer of a political party" includes, but is not	309
limited to, any member, elected or appointed, of a controlling	310
committee, whether representing the territory of the state, a	311
district therein, a county, township, a city, a ward, a precinct,	312
or other territory, of a major, intermediate, or minor political	313
party.	314

(M) "Question or issue" means any question or issue certified	315
in accordance with the Revised Code for placement on an official	316
ballot at a general or special election to be held in this state.	317

(N) "Elector" or "qualified elector" means a person having	318
the qualifications provided by law to be entitled to vote.	319

(O) "Voter" means an elector who votes at an election.

320

(P) "Voting residence" means that place of residence of an	321
elector which shall determine the precinct in which the elector	322
may vote.	323

(Q) "Precinct" means a district within a county established	324
by the board of elections of such county within which all	325
qualified electors having a voting residence therein may vote at	326
the same polling place.	327

(R) "Polling place" means that place provided for each	328
precinct at which the electors having a voting residence in such	329
precinct may vote.	330

(S) "Board" or "board of elections" means the board of	331
elections appointed in a county pursuant to section 3501.06 of the	332
Revised Code.	333

(T) "Political subdivision" means a county, township, city,	334
village, or school district.	335

(U) "Election officer" or "election official" means any of	336
the following:	337

(1) Secretary of state;

338

(2) Employees of the secretary of state serving the division	339
of elections in the capacity of attorney, administrative officer,	340
administrative assistant, elections administrator, office manager,	341
or clerical supervisor;	342

(3) Director of a board of elections;

343

(4) Deputy director of a board of elections;

344

(5) Member of a board of elections;

345

(6) Employees of a board of elections;

346

(7) Precinct polling place judges;

347

(8) Employees appointed by the boards of elections on a	348
temporary or part-time basis.	349

(V) "Acknowledgment notice" means a notice sent by a board of	350
elections, on a form prescribed by the secretary of state,	351
informing a voter registration applicant or an applicant who	352
wishes to change the applicant's residence or name of the status	353
of the application; the information necessary to complete or	354
update the application, if any; and if the application is	355
complete, the precinct in which the applicant is to vote.	356

(W) "Confirmation notice" means a notice sent by a board of	357
elections, on a form prescribed by the secretary of state, to a	358
registered elector to confirm the registered elector's current	359
address.	360

(X) "Designated agency" means an office or agency in the	361
state that provides public assistance or that provides	362
state-funded programs primarily engaged in providing services to	363
persons with disabilities and that is required by the National	364
Voter Registration Act of 1993 to implement a program designed and	365
administered by the secretary of state for registering voters, or	366
any other public or government office or agency that implements a	367
program designed and administered by the secretary of state for	368
registering voters, including the department of job and family	369
services, the program administered under section 3701.132 of the	370
Revised Code by the department of health, the department of mental	371
health, the department of developmental disabilities, the	372
rehabilitation services commission, and any other agency the	373
secretary of state designates. "Designated agency" does not	374
include public high schools and vocational schools, public	375
libraries, or the office of a county treasurer.	376

(Y) "National Voter Registration Act of 1993" means the	377
"National Voter Registration Act of 1993," 107 Stat. 77, 42	378
U.S.C.A. 1973gg.	379

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	380
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	381

(AA) "Photo identification" means a document that meets each	382
of the following requirements:	383

(1) It shows the name of the individual to whom it was	384
issued, which shall conform to the name in the poll list or	385
signature pollbook.	386

(2) It shows the current address of the individual to whom it	387
was issued, which shall conform to the address in the poll list or	388
signature pollbook, except for a driver's license or a state	389
identification card issued under section 4507.50 of the Revised	390
Code, which may show either the current or former address of the	391
individual to whom it was issued, regardless of whether that	392
address conforms to the address in the poll list or signature	393
pollbook.	394

(3) It shows a photograph of the individual to whom it was	395
issued.	396

(4) It includesshall have on it an expiration date that has	397
not passed.	398

(5) It was issued by the government of the United States or	399
this state.	400

Sec. 3501.02.  General elections in the state and its	401
political subdivisions shall be held as follows:	402

(A) For the election of electors of president and	403
vice-president of the United States, in the year of 1932 and every	404
four years thereafter;	405

(B) For the election of a member of the senate of the United	406
States, in the years 1932 and 1934, and every six years after each	407
of such years; except as otherwise provided for filling vacancies;	408

(C) For the election of representatives in the congress of	409
the United States and of elective state and county officers	410
including elected members of the state board of education, in the	411
even-numbered years; except as otherwise provided for filling	412
vacancies;	413

(D) For municipal and township officers, members of boards of	414
education, judges and clerks of municipal courts, in the	415
odd-numbered years;	416

(E)(1) Proposed constitutional amendments or proposed	417
measures submitted by the general assembly or by initiative or	418
referendum petitions to the voters of the state at large may be	419
submitted to the general election in any year occurring at least	420
sixty days, in case of a referendum, and ninetyone hundred	421
twenty-five days, in the case of an initiated measure, subsequent	422
to the filing of the petitions therefor. Proposed	423

(2) Proposed constitutional amendments submitted by the	424
general assembly to the voters of the state at large may be	425
submitted at a special election or general election in any year	426
occurring at least ninety days after the resolution is filed with	427
the secretary of state. The proposed constitutional amendment may	428
be submitted to the voters at a special election occurring on the	429
day in any year specified by division (E) of section 3501.01 of	430
the Revised Code for the holding of a primary election, whenif a	431
special election on that date is designated by the general	432
assembly in the resolution adopting the proposed constitutional	433
amendment.	434

No special election shall be held on a day other than the day	435
of a general election, unless a law or charter provides otherwise,	436
regarding the submission of a question or issue to the voters of a	437
county, township, city, village, or school district.	438

(F)(1) Notwithstanding any provision of the Revised Code to	439
the contrary, any question or issue, except a candidacy, to be	440
voted upon at an election shall be certified, for placement upon	441
the ballot, to the board of elections not later than four p.m. of	442
the ninetieth day before the day of the election.	443

(2) Any question or issue that is certified for placement on	444
a ballot on or after the effective date of this amendmentJuly 2,	445
2010, shall be certified not later than the ninetieth day before	446
the day of the applicable election, notwithstanding any deadlines	447
appearing in any section of the Revised Code governing the	448
placement of that question or issue on the ballot.	449

Sec. 3501.05. (A) The secretary of state shall do all of the	450
following:	451

(A)(1) Appoint all members of boards of elections;

452

(B)(2) Issue instructions by directives and advisories in	453
accordance with section 3501.053 of the Revised Code to members of	454
the boards as to the proper methods of conducting elections.	455

(C)(3) Prepare rules and instructions for the conduct of	456
elections;	457

(D)(4) Publish and furnish to the boards from time to time a	458
sufficient number of indexed copies of all election laws then in	459
force;	460

(E)(5) Edit and issue all pamphlets concerning proposed laws	461
or amendments required by law to be submitted to the voters;	462

(F)(6) Prescribe the form of registration cards, blanks, and	463
records;	464

(G)(7) Determine and prescribe the forms of ballots and the	465
forms of all blanks, cards of instructions, pollbooks, tally	466
sheets, certificates of election, and forms and blanks required by	467
law for use by candidates, committees, and boards;	468

(H)(8) Prepare the ballot title or statement to be placed on	469
the ballot for any proposed law or amendment to the constitution	470
to be submitted to the voters of the state;	471

(I)(9) Except as otherwise provided in section 3519.08 of the	472
Revised Code, certify to the several boards the forms of ballots	473
and names of candidates for state offices, and the form and	474
wording of state referendum questions and issues, as they shall	475
appear on the ballot;	476

(J) Except as otherwise provided in division (I)(2)(b) of	477
section 3501.38 of the Revised Code, give final approval to ballot	478
language for any local question or issue approved and transmitted	479
by boards of elections under section 3501.11 of the Revised Code;	480

(K)(10) Receive all initiative and referendum petitions on	481
state questions and issues and determine and certify to the	482
sufficiency of those petitions;	483

(L)(11) Require such reports from the several boards as are	484
provided by law, or as the secretary of state considers necessary;	485

(M)(12) Compel the observance by election officers in the	486
several counties of the requirements of the election laws;	487

(N)(1)(13)(a) Except as otherwise provided in division	488
(N)(2)(A)(13)(b) of this section, investigate the administration	489
of election laws, frauds, and irregularities in elections in any	490
county, and report violations of election laws to the attorney	491
general or prosecuting attorney, or both, for prosecution;	492

(2)(b) On and after August 24, 1995, report a failure to	493
comply with or a violation of a provision in sections 3517.08 to	494
3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or	495
3599.031 of the Revised Code, whenever the secretary of state has	496
or should have knowledge of a failure to comply with or a	497
violation of a provision in one of those sections, by filing a	498
complaint with the Ohio elections commission under section	499
3517.153 of the Revised Code;.	500

(O)(14) Make an annual report to the governor containing the	501
results of elections, the cost of elections in the various	502
counties, a tabulation of the votes in the several political	503
subdivisions, and other information and recommendations relative	504
to elections the secretary of state considers desirable;	505

(P)(15) Prescribe and distribute to boards of elections a	506
list of instructions indicating all legal steps necessary to	507
petition successfully for local option elections under sections	508
4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised	509
Code;	510

(Q)(16) Adopt rules pursuant to Chapter 119. of the Revised	511
Code for the removal by boards of elections of ineligible voters	512
from the statewide voter registration database and, if applicable,	513
from the poll list or signature pollbook used in each precinct,	514
which rules shall provide for all of the following:	515

(1)(a) A process for the removal of voters who have changed	516
residence, which shall be uniform, nondiscriminatory, and in	517
compliance with the Voting Rights Act of 1965 and the National	518
Voter Registration Act of 1993, including a program that uses the	519
national change of address service provided by the United States	520
postal system through its licensees;	521

(2)(b) A process for the removal of ineligible voters under	522
section 3503.21 of the Revised Code;	523

(3)(c) A uniform system for marking or removing the name of a	524
voter who is ineligible to vote from the statewide voter	525
registration database and, if applicable, from the poll list or	526
signature pollbook used in each precinct and noting the reason for	527
that mark or removal.	528

(R)(17) Prescribe a general program for registering voters or	529
updating voter registration information, such as name and	530
residence changes, by boards of elections, designated agencies,	531
offices of deputy registrars of motor vehicles, public high	532
schools and vocational schools, public libraries, and offices of	533
county treasurers consistent with the requirements of section	534
3503.09 of the Revised Code;	535

(S)(18) Prescribe a program of distribution of voter	536
registration forms through boards of elections, designated	537
agencies, offices of the registrar and deputy registrars of motor	538
vehicles, public high schools and vocational schools, public	539
libraries, and offices of county treasurers;	540

(T)(19) To the extent feasible, provide copies, at no cost	541
and upon request, of the voter registration form in post offices	542
in this state;	543

(U)(20) Adopt rules pursuant to section 111.15 of the Revised	544
Code for the purpose of implementing the program for registering	545
voters through boards of elections, designated agencies, and the	546
offices of the registrar and deputy registrars of motor vehicles	547
consistent with this chapter;	548

(V)(21) Establish the full-time position of Americans with	549
Disabilities Act coordinator within the office of the secretary of	550
state to do all of the following:	551

(1)(a) Assist the secretary of state with ensuring that there	552
is equal access to polling places for persons with disabilities;	553

(2)(b) Assist the secretary of state with ensuring that each	554
voter may cast the voter's ballot in a manner that provides the	555
same opportunity for access and participation, including privacy	556
and independence, as for other voters;	557

(3)(c) Advise the secretary of state in the development of	558
standards for the certification of voting machines, marking	559
devices, and automatic tabulating equipment.	560

(W)(22) Establish and maintain a computerized statewide	561
database of all legally registered voters under section 3503.15 of	562
the Revised Code that complies with the requirements of the "Help	563
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	564
and provide training in the operation of that system;	565

(X)(23) Ensure that all directives, advisories, other	566
instructions, or decisions issued or made during or as a result of	567
any conference or teleconference call with a board of elections to	568
discuss the proper methods and procedures for conducting	569
elections, to answer questions regarding elections, or to discuss	570
the interpretation of directives, advisories, or other	571
instructions issued by the secretary of state are posted on a web	572
site of the office of the secretary of state as soon as is	573
practicable after the completion of the conference or	574
teleconference call, but not later than the close of business on	575
the same day as the conference or teleconference call takes place.	576

(Y)(24) Publish a report on a web site of the office of the	577
secretary of state not later than one month after the completion	578
of the canvass of the election returns for each primary and	579
general election, identifying, by county, the number of absent	580
voter's ballots cast and the number of those ballots that were	581
counted, and the number of provisional ballots cast and the number	582
of those ballots that were counted, for that election. The	583
secretary of state shall maintain the information on the web site	584
in an archive format for each subsequent election.	585

(Z)(25) Conduct voter education outlining voter	586
identification, absent voters ballot, provisional ballot, and	587
other voting requirements;	588

(AA)(26) Establish a procedure by which a registered elector	589
may make available to a board of elections a more recent signature	590
to be used in the poll list or signature pollbook produced by the	591
board of elections of the county in which the elector resides;	592

(BB)(27) Disseminate information, which may include all or	593
part of the official explanations and arguments, by means of	594
direct mail or other written publication, broadcast, or other	595
means or combination of means, as directed by the Ohio ballot	596
board under division (F) of section 3505.062 of the Revised Code,	597
in order to inform the voters as fully as possible concerning each	598
proposed constitutional amendment, proposed law, or referendum;	599

(CC)(28) Be the single state office responsible for the	600
implementation of the "Uniformed and Overseas Citizens Absentee	601
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	602
et seq., as amended, in this state. The secretary of state may	603
delegate to the boards of elections responsibilities for the	604
implementation of that act, including responsibilities arising	605
from amendments to that act made by the "Military and Overseas	606
Voter Empowerment Act," Subtitle H of the National Defense	607
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	608
Stat. 3190.	609

(DD)(29) Perform other duties required by law.

610

(B) Whenever a primary election is held under section 3513.32	611
of the Revised Code or a special election is held under section	612
3521.03 of the Revised Code to fill a vacancy in the office of	613
representative to congress, the secretary of state shall establish	614
a deadline, notwithstanding any other deadline required under the	615
Revised Code, by which any or all of the following shall occur:	616
the filing of a declaration of candidacy and petitions or a	617
statement of candidacy and nominating petition together with the	618
applicable filing fee; the filing of protests against the	619
candidacy of any person filing a declaration of candidacy or	620
nominating petition; the filing of a declaration of intent to be a	621
write-in candidate; the filing of campaign finance reports; the	622
preparation of, and the making of corrections or challenges to,	623
precinct voter registration lists; the receipt of applications for	624
absent voter's ballots or armed serviceuniformed services or	625
overseas absent voter's ballots; the supplying of election	626
materials to precincts by boards of elections; the holding of	627
hearings by boards of elections to consider challenges to the	628
right of a person to appear on a voter registration list; and the	629
scheduling of programs to instruct or reinstruct election	630
officers.	631

(C) In the performance of the secretary of state's duties as	632
the chief election officer, the secretary of state may administer	633
oaths, issue subpoenas, summon witnesses, compel the production of	634
books, papers, records, and other evidence, and fix the time and	635
place for hearing any matters relating to the administration and	636
enforcement of the election laws.	637

(D) In any controversy involving or arising out of the	638
adoption of registration or the appropriation of funds for	639
registration, the secretary of state may, through the attorney	640
general, bring an action in the name of the state in the court of	641
common pleas of the county where the cause of action arose or in	642
an adjoining county, to adjudicate the question.	643

In any action involving the laws in Title XXXV of the Revised	644
Code wherein the interpretation of those laws is in issue in such	645
a manner that the result of the action will affect the lawful	646
duties of the secretary of state or of any board of elections, the	647
secretary of state may, on the secretary of state's motion, be	648
made a party.	649

The secretary of state may apply to any court that is hearing	650
a case in which the secretary of state is a party, for a change of	651
venue as a substantive right, and the change of venue shall be	652
allowed, and the case removed to the court of common pleas of an	653
adjoining county named in the application or, if there are cases	654
pending in more than one jurisdiction that involve the same or	655
similar issues, the court of common pleas of Franklin county.	656

(E) Public high schools and vocational schools, public	657
libraries, and the office of a county treasurer shall implement	658
voter registration programs as directed by the secretary of state	659
pursuant to this section.	660

Sec. 3501.051.  (A) Notwithstanding any other section of the	661
Revised Code, the secretary of state may authorize, in one or more	662
precincts in one or more counties, a program allowing individuals	663
under the age of eighteen to enter the polling place and vote in a	664
simulated election held at the same time as a general election.	665
Any individual working in or supervising at a simulated election	666
may enter the polling place and remain within it during the entire	667
period the polls are open.	668

(B) A program established under division (A) of this section	669
shall require all of the following:	670

(1) That the duties imposed on judges ofprecinct election	671
officials and peace officers under section 3501.33 of the Revised	672
Code be performed by those judgesofficials and officers in regard	673
to simulated elections and all activities related to simulated	674
elections;	675

(2) That volunteers provide the personnel necessary to	676
conduct the simulated election, except that employees of the	677
secretary of state, employees or members of boards of elections,	678
and precinct election officials may aid in operating the program	679
to the extent permitted by the secretary of state;	680

(3) That individuals under the age of fourteen be accompanied	681
to the simulated election by an individual eighteen years of age	682
or over;	683

(4) Any other requirements the secretary of state considers	684
necessary for the orderly administration of the election process.	685

Sec. 3501.11.  Each board of elections shall exercise by a	686
majority vote all powers granted to the board by Title XXXV of the	687
Revised Code, shall perform all the duties imposed by law, and	688
shall do all of the following:	689

(A) Establish, define, provide, rearrange, and combine	690
election precincts;	691

(B) Fix and provide the places for registration and for	692
holding primaries and elections;	693

(C) Provide for the purchase, preservation, and maintenance	694
of booths, ballot boxes, books, maps, flags, blanks, cards of	695
instructions, and other forms, papers, and equipment used in	696
registration, nominations, and elections;	697

(D) Appoint and remove its director, deputy director, and	698
employees and all registrars, judges, and other officers of	699
elections, fill vacancies, and designate the ward or district and	700
precinct in which each shall serve;	701

(E) Make and issue rules and instructions, not inconsistent	702
with law or the rules, directives, or advisories issued by the	703
secretary of state, as it considers necessary for the guidance of	704
election officers and voters;	705

(F) Advertise and contract for the printing of all ballots	706
and other supplies used in registrations and elections;	707

(G) Provide for the issuance of all notices, advertisements,	708
and publications concerning elections, except as otherwise	709
provided in division (G) of section 3501.17 and divisions (F) and	710
(G) of section 3505.062 of the Revised Code;	711

(H) Provide for the delivery of ballots, pollbooks, and other	712
required papers and material to the polling places;	713

(I) Cause the polling places to be suitably provided with	714
voting machines, marking devices, automatic tabulating equipment,	715
stalls, and other required supplies. In fulfilling this duty, each	716
board of a county that uses voting machines, marking devices, or	717
automatic tabulating equipment shall conduct a full vote of the	718
board during a public session of the board on the allocation and	719
distribution of voting machines, marking devices, and automatic	720
tabulating equipment for each precinct in the county.	721

(J) Investigate irregularities, nonperformance of duties, or	722
violations of Title XXXV of the Revised Code by election officers	723
and other persons; administer oaths, issue subpoenas, summon	724
witnesses, and compel the production of books, papers, records,	725
and other evidence in connection with any such investigation; and	726
report the facts to the prosecuting attorney or the secretary of	727
state;	728

(K) Review, examine, and certify the sufficiency and validity	729
of petitions and nomination papers, and, after certification,	730
return to the secretary of state all petitions and nomination	731
papers that the secretary of state forwarded to the board;	732

(L) Receive the returns of elections, canvass the returns,	733
make abstracts of them, and transmit those abstracts to the proper	734
authorities;	735

(M) Issue certificates of election on forms to be prescribed	736
by the secretary of state;	737

(N) Make an annual report to the secretary of state, on the	738
form prescribed by the secretary of state, containing a statement	739
of the number of voters registered, elections held, votes cast,	740
appropriations received, expenditures made, and other data	741
required by the secretary of state;	742

(O) Prepare and submit to the proper appropriating officer a	743
budget estimating the cost of elections for the ensuing fiscal	744
year;	745

(P) Perform other duties as prescribed by law or the rules,	746
directives, or advisories of the secretary of state;	747

(Q) Investigate and determine the residence qualifications of	748
electors;	749

(R) Administer oaths in matters pertaining to the	750
administration of the election laws;	751

(S) Prepare and submit to the secretary of state, whenever	752
the secretary of state requires, a report containing the names and	753
residence addresses of all incumbent county, municipal, township,	754
and board of education officials serving in their respective	755
counties;	756

(T) Establish and maintain a voter registration database of	757
all qualified electors in the county who offer to register;	758

(U) Maintain voter registration records, make reports	759
concerning voter registration as required by the secretary of	760
state, and remove ineligible electors from voter registration	761
lists in accordance with law and directives of the secretary of	762
state;	763

(V) Give approval to ballot language for any local question	764
or issue and transmit the language to the secretary of state	765
prosecuting attorney for the secretary of state's final approval;	766

(W) Prepare and cause the following notice to be displayed in	767
a prominent location in every polling place:	768

"NOTICE	769

Ohio law prohibits any person from voting or attempting to	770
vote more than once at the same election.	771

Violators are guilty of a felony of the fourth degree and	772
shall be imprisoned and additionally may be fined in accordance	773
with law."	774

(X) In all cases of a tie vote or a disagreement in the	775
board, if no decision can be arrived at, the director or	776
chairperson shall submit the matter in controversy, not later than	777
fourteen days after the tie vote or the disagreement, to the	778
secretary of state, who shall summarily decide the question, and	779
the secretary of state's decision shall be final.	780

(Y) Assist each designated agency, deputy registrar of motor	781
vehicles, public high school and vocational school, public	782
library, and office of a county treasurer in the implementation of	783
a program for registering voters at all voter registration	784
locations as prescribed by the secretary of state. Under this	785
program, each board of elections shall direct to the appropriate	786
board of elections any voter registration applications for persons	787
residing outside the county where the board is located within five	788
days after receiving the applications.	789

(Z) On any day on which an elector may vote in person at the	790
office of the board or at another site designated by the board,	791
consider the board or other designated site a polling place for	792
that day. All requirements or prohibitions of law that apply to a	793
polling place shall apply to the office of the board or other	794
designated site on that day.	795

(AA) Perform any duties with respect to voter registration	796
and voting by uniformed services and overseas voters that are	797
delegated to the board by law or by the rules, directives, or	798
advisories of the secretary of state.	799

Sec. 3501.111. A board of elections may contract with another	800
board of elections in this state or with a county automatic data	801
processing board for the provision of election services in the	802
county, including any duties imposed upon the board of elections	803
under section 3501.11 of the Revised Code.	804

Sec. 3501.13.  (A) The director of the board of elections	805
shall keep a full and true record of the proceedings of the board	806
and of all moneys received and expended; file and preserve in the	807
board's office all orders and records pertaining to the	808
administration of registrations, primaries, and elections; receive	809
and have the custody of all books, papers, and property belonging	810
to the board; and perform other duties in connection with the	811
office of director and the proper conduct of elections as the	812
board determines.	813

(B) Before entering upon the duties of the office, the	814
director shall subscribe to an oath that the director will support	815
the Constitution of the United States and the Ohio Constitution,	816
perform all the duties of the office to the best of the director's	817
ability, enforce the election laws, and preserve all records,	818
documents, and other property pertaining to the conduct of	819
elections placed in the director's custody.	820

(C) The director may administer oaths to persons required by	821
law to file certificates or other papers with the board, to judges	822
of electionsprecinct election officials, to witnesses who are	823
called to testify before the board, and to voters filling out	824
blanks at the board's offices. Except as otherwise provided by	825
state or federal law, the records of the board and papers and	826
books filed in its office are public records and open to	827
inspection under such reasonable regulations as shall be	828
established by the board. The social security number of any	829
elector or of any applicant for voter registration is not a public	830
record. The board shall redact any such number from any record	831
that it makes open to public inspection or copying under this	832
section.	833

The following notice shall be posted in a prominent place at	834
each board office:	835

"Except as otherwise provided by state or federal law,	836
records filed in this office of the board of elections are open to	837
public inspection during normal office hours, pursuant to the	838
following reasonable regulations: (the board shall here list its	839
regulations). Whoever prohibits any person from inspecting the	840
public records of this board is subject to the penalties of	841
section 3599.161 of the Revised Code."	842

(D) Upon receipt of a written declaration of intent to retire	843
as provided for in section 145.38 of the Revised Code, the	844
director shall provide a copy to each member of the board of	845
elections.	846

Sec. 3501.17.  (A) The expenses of the board of elections	847
shall be paid from the county treasury, in pursuance of	848
appropriations by the board of county commissioners, in the same	849
manner as other county expenses are paid. If the board of county	850
commissioners fails to appropriate an amount sufficient to provide	851
for the necessary and proper expenses of the board of elections	852
pertaining to the conduct of elections, the board of elections may	853
apply to the court of common pleas within the county, which shall	854
fix the amount necessary to be appropriated and the amount shall	855
be appropriated. Payments shall be made upon vouchers of the board	856
of elections certified to by its chairperson or acting chairperson	857
and the director or deputy director, upon warrants of the county	858
auditor.	859

The board of elections shall not incur any obligation	860
involving the expenditure of money unless there are moneys	861
sufficient in the funds appropriated therefor to meet the	862
obligation. If the board of elections requests a transfer of funds	863
from one of its appropriation items to another, the board of	864
county commissioners shall adopt a resolution providing for the	865
transfer except as otherwise provided in section 5705.40 of the	866
Revised Code. The expenses of the board of elections shall be	867
apportioned among the county and the various subdivisions as	868
provided in this section, and the amount chargeable to each	869
subdivision shall be withheld by the auditor from the moneys	870
payable thereto at the time of the next tax settlement. At the	871
time of submitting budget estimates in each year, the board of	872
elections shall submit to the taxing authority of each	873
subdivision, upon the request of the subdivision, an estimate of	874
the amount to be withheld from the subdivision during the next	875
fiscal year.	876

(B) Except as otherwise provided in division (F) of this	877
section, the compensation of the members of the board of elections	878
and of the director, deputy director, and regular employees in the	879
board's offices, other than compensation for overtime worked; the	880
expenditures for the rental, furnishing, and equipping of the	881
office of the board and for the necessary office supplies for the	882
use of the board; the expenditures for the acquisition, repair,	883
care, and custody of the polling places, booths, guardrails, and	884
other equipment for polling places; the cost of tally sheets,	885
maps, flags, ballot boxes, and all other permanent records and	886
equipment; the cost of all elections held in and for the state and	887
county; and all other expenses of the board which are not	888
chargeable to a political subdivision in accordance with this	889
section shall be paid in the same manner as other county expenses	890
are paid.	891

(C) The compensation of judges of electionsprecinct election	892
officials and intermittent employees in the board's offices; the	893
cost of renting, moving, heating, and lighting polling places and	894
of placing and removing ballot boxes and other fixtures and	895
equipment thereof, including voting machines, marking devices, and	896
automatic tabulating equipment; the cost of printing and	897
delivering ballots, cards of instructions, registration lists	898
required under section 3503.23 of the Revised Code, and other	899
election supplies, including the supplies required to comply with	900
division (H) of section 3506.01 of the Revised Code; the cost of	901
contractors engaged by the board to prepare, program, test, and	902
operate voting machines, marking devices, and automatic tabulating	903
equipment; and all other expenses of conducting primaries and	904
elections in the odd-numbered years shall be charged to the	905
subdivisions in and for which such primaries or elections are	906
held. The charge for each primary or general election in	907
odd-numbered years for each subdivision shall be determined in the	908
following manner: first, the total cost of all chargeable items	909
used in conducting such elections shall be ascertained; second,	910
the total charge shall be divided by the number of precincts	911
participating in such election, in order to fix the cost per	912
precinct; third, the cost per precinct shall be prorated by the	913
board of elections to the subdivisions conducting elections for	914
the nomination or election of offices in such precinct; fourth,	915
the total cost for each subdivision shall be determined by adding	916
the charges prorated to it in each precinct within the	917
subdivision.	918

(D) The entire cost of special elections held on a day other	919
than the day of a primary or general election, both in	920
odd-numbered or in even-numbered years, shall be charged to the	921
subdivision. Where a special election is held on the same day as a	922
primary or general election in an even-numbered year, the	923
subdivision submitting the special election shall be charged only	924
for the cost of ballots and advertising. Where a special election	925
is held on the same day as a primary or general election in an	926
odd-numbered year, the subdivision submitting the special election	927
shall be charged for the cost of ballots and advertising for such	928
special election, in addition to the charges prorated to such	929
subdivision for the election or nomination of candidates in each	930
precinct within the subdivision, as set forth in the preceding	931
paragraph.	932

(E) Where a special election is held on the day specified by	933
division (E) of section 3501.01 of the Revised Code for the	934
holding of a primary election, for the purpose of submitting to	935
the voters of the state constitutional amendments proposed by the	936
general assembly, and a subdivision conducts a special election on	937
the same day, the entire cost of the special election shall be	938
divided proportionally between the state and the subdivision based	939
upon a ratio determined by the number of issues placed on the	940
ballot by each, except as otherwise provided in division (G) of	941
this section. Such proportional division of cost shall be made	942
only to the extent funds are available for such purpose from	943
amounts appropriated by the general assembly to the secretary of	944
state. If a primary election is also being conducted in the	945
subdivision, the costs shall be apportioned as otherwise provided	946
in this section.	947

(F) When a precinct is open during a general, primary, or	948
special election solely for the purpose of submitting to the	949
voters a statewide ballot issue, the state shall bear the entire	950
cost of the election in that precinct and shall reimburse the	951
county for all expenses incurred in opening the precinct.	952

(G)(1) The state shall bear the entire cost of advertising in	953
newspapers statewide ballot issues, explanations of those issues,	954
and arguments for or against those issues, as required by Section	955
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	956
and any other section of law. Appropriations made to the	957
controlling board shall be used to reimburse the secretary of	958
state for all expenses the secretary of state incurs for such	959
advertising under division (G) of section 3505.062 of the Revised	960
Code.	961

(2) There is hereby created in the state treasury the	962
statewide ballot advertising fund. The fund shall receive	963
transfers approved by the controlling board, and shall be used by	964
the secretary of state to pay the costs of advertising state	965
ballot issues as required under division (G)(1) of this section.	966
Any such transfers may be requested from and approved by the	967
controlling board prior to placing the advertising, in order to	968
facilitate timely provision of the required advertising.	969

(H) The cost of renting, heating, and lighting registration	970
places; the cost of the necessary books, forms, and supplies for	971
the conduct of registration; and the cost of printing and posting	972
precinct registration lists shall be charged to the subdivision in	973
which such registration is held.	974

(I) At the request of a majority of the members of the board	975
of elections, the board of county commissioners may, by	976
resolution, establish an elections revenue fund. Except as	977
otherwise provided in this division, the purpose of the fund shall	978
be to accumulate revenue withheld by or paid to the county under	979
this section for the payment of any expense related to the duties	980
of the board of elections specified in section 3501.11 of the	981
Revised Code, upon approval of a majority of the members of the	982
board of elections. The fund shall not accumulate any revenue	983
withheld by or paid to the county under this section for the	984
compensation of the members of the board of elections or of the	985
director, deputy director, or other regular employees in the	986
board's offices, other than compensation for overtime worked.	987

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	988
Revised Code, the board of county commissioners may, by	989
resolution, transfer money to the elections revenue fund from any	990
other fund of the political subdivision from which such payments	991
lawfully may be made. Following an affirmative vote of a majority	992
of the members of the board of elections, the board of county	993
commissioners may, by resolution, rescind an elections revenue	994
fund established under this division. If an elections revenue fund	995
is rescinded, money that has accumulated in the fund shall be	996
transferred to the county general fund.	997

(J) As used in this section:

998

(1) "Political subdivision" and "subdivision" mean any board	999
of county commissioners, board of township trustees, legislative	1000
authority of a municipal corporation, board of education, or any	1001
other board, commission, district, or authority that is empowered	1002
to levy taxes or permitted to receive the proceeds of a tax levy,	1003
regardless of whether the entity receives tax settlement moneys as	1004
described in division (A) of this section;	1005

(2) "Statewide ballot issue" means any ballot issue, whether	1006
proposed by the general assembly or by initiative or referendum,	1007
that is submitted to the voters throughout the state.	1008

Sec. 3501.22.  (A) On or before the fifteenth day of	1009
September in each year, the board of elections by a majority vote	1010
shall, after careful examination and investigation as to their	1011
qualifications, appoint for each election precinct four residents	1012
of the county in which the precinct is located, as judgesprecinct	1013
election officials. Except as otherwise provided in division (C)	1014
of this section, all judges ofprecinct election officials shall	1015
be qualified electors. The judgesprecinct election officials	1016
shall constitute the election officers of the precinct. Not more	1017
than one-half of the total number of judgesprecinct election	1018
officials shall be members of the same political party. The term	1019
of such precinct officers shall be for one year. The board may, at	1020
any time, designate any number of election officers, not more than	1021
one-half of whom shall be members of the same political party, to	1022
perform their duties at any precinct in any election. The board	1023
may appoint additional officials, equally divided between the two	1024
major political parties, when necessary to expedite voting. If	1025
the board of elections determines that four precinct election	1026
officials are not required in a precinct for a special election,	1027
the board of elections may select two of the precinct's election	1028
officers, who are not members of the same political party, to	1029
serve as the precinct election officials for that precinct in that	1030
special election.	1031

Vacancies for unexpired terms shall be filled by the board.	1032
When new precincts have been created, the board shall appoint	1033
judgesprecinct election officials for those precincts for the	1034
unexpired term. Any judgeprecinct election official may be	1035
summarily removed from office at any time by the board for neglect	1036
of duty, malfeasance, or misconduct in office or for any other	1037
good and sufficient reason.	1038

Precinct election officials shall perform all of the duties	1039
provided by law for receiving the ballots and supplies, opening	1040
and closing the polls, and overseeing the casting of ballots	1041
during the time the polls are open, and any other duties required	1042
by section 3501.26 of the Revised Code.	1043

A board of elections may designate two precinct election	1044
officials as counting officials to count and tally the votes cast	1045
and certify the results of the election at each precinct, and	1046
perform other duties as provided by law. To expedite the counting	1047
of votes at each precinct, the board may appoint additional	1048
officials, not more than one-half of whom shall be members of the	1049
same political party.	1050

The board shall designate one of the precinct election	1051
officials who is a member of the dominant political party to serve	1052
as a presiding judgevoting location manager, whose duty it is to	1053
deliver the returns of the election and all supplies to the office	1054
of the board. For these services, the presiding judgevoting	1055
location manager shall receive additional compensation in an	1056
amount, consistent with section 3501.28 of the Revised Code,	1057
determined by the board of elections.	1058

The board shall issue to each precinct election official a	1059
certificate of appointment, which the official shall present to	1060
the presiding judgevoting location manager at the time the polls	1061
are opened.	1062

(B) If the board of elections determines that not enough	1063
qualified electors in a precinct are available to serve as	1064
precinct officers, it may appoint persons to serve as precinct	1065
officers at a primary, special, or general election who are at	1066
least seventeen years of age and are registered to vote in	1067
accordance with section 3503.07 of the Revised Code.	1068

(C)(1) A board of elections, in conjunction with the board of	1069
education of a city, local, or exempted village school district,	1070
the governing authority of a community school established under	1071
Chapter 3314. of the Revised Code, or the chief administrator of a	1072
nonpublic school may establish a program permitting certain high	1073
school students to apply and, if appointed by the board of	1074
elections, to serve as precinct officers at a primary, special, or	1075
general election.	1076

In addition to the requirements established by division	1077
(C)(2) of this section, a board of education, governing authority,	1078
or chief administrator that establishes a program under this	1079
division in conjunction with a board of elections may establish	1080
additional criteria that students shall meet to be eligible to	1081
participate in that program.	1082

(2)(a) To be eligible to participate in a program established	1083
under division (C)(1) of this section, a student shall be a United	1084
States citizen, a resident of the county, at least seventeen years	1085
of age, and enrolled in the senior year of high school.	1086

(b) Any student applying to participate in a program	1087
established under division (C)(1) of this section, as part of the	1088
student's application process, shall declare the student's	1089
political party affiliation with the board of elections.	1090

(3) No student appointed as a precinct officer pursuant to a	1091
program established under division (C)(1) of this section shall be	1092
designated as a presiding judgevoting location manager.	1093

(4) Any student participating in a program established under	1094
division (C)(1) of this section shall be excused for that	1095
student's absence from school on the day of an election at which	1096
the student is serving as a precinct officer.	1097

(D) In any precinct with six or more precinct officers, up to	1098
two students participating in a program established under division	1099
(C)(1) of this section who are under eighteen years of age may	1100
serve as precinct officers. Not more than one precinct officer in	1101
any given precinct with fewer than six precinct officers shall be	1102
under eighteen years of age.	1103

Sec. 3501.26.  When the polls are closed after a primary,	1104
general, or special election, the receiving officials shall, in	1105
the presence of the counting officials and attending observers,	1106
proceed as follows:	1107

(A) Count the number of electors who voted, as shown on the	1108
poll books;	1109

(B) Count the unused ballots without removing stubs;

1110

(C) Count the soiled and defaced ballots;

1111

(D) Insert the totals of divisions (A), (B), and (C) of this	1112
section on the report forms provided therefor in the poll books;	1113

(E) Count the voted ballots. If the number of voted ballots	1114
exceeds the number of voters whose names appear upon the poll	1115
books, the presiding judgevoting location manager shall enter on	1116
the poll books an explanation of that discrepancy, and that	1117
explanation, if agreed to, shall be subscribed to by all of the	1118
judgesprecinct election officials. Any judgeprecinct official	1119
having a different explanation shall enter it in the poll books	1120
and subscribe to it.	1121

(F) Put the unused ballots with stubs attached, and soiled	1122
and defaced ballots with stubs attached, in the envelopes or	1123
containers provided therefor, and certify the number.	1124

The receiving officials shall deliver to and place in the	1125
custody of the counting officials all the supplies provided for	1126
the conduct of that election and the ballots that are to be	1127
counted and tallied, and take a receipt for the same, which	1128
receipt shall appear in and be a part of the poll books of such	1129
precinct. Having performed their duties, the receiving officials	1130
shall immediately depart.	1131

Having receipted for the ballots, the counting officials	1132
shall proceed to count and tally the vote as cast in the manner	1133
prescribed by section 3505.27 of the Revised Code and certify the	1134
result of the election to the board of elections.	1135

Sec. 3501.27.  (A) All judges ofprecinct election officials	1136
shall complete a program of instruction pursuant to division (B)	1137
of this section. No person who has been convicted of a felony or	1138
any violation of the election laws, who is unable to read and	1139
write the English language readily, or who is a candidate for an	1140
office to be voted for by the voters of the precinct in which the	1141
person is to serve shall serve as an election officer. A person	1142
when appointed as an election officer shall receive from the board	1143
of elections a certificate of appointment that may be revoked at	1144
any time by the board for good and sufficient reasons. The	1145
certificate shall be in the form the board prescribes and shall	1146
specify the precinct, ward, or district in and for which the	1147
person to whom it is issued is appointed to serve, the date of	1148
appointment, and the expiration of the person's term of service.	1149

(B) Each board shall establish a program as prescribed by the	1150
secretary of state for the instruction of election officers in the	1151
rules, procedures, and law relating to elections. In each program,	1152
the board shall use training materials prepared by the secretary	1153
of state and may use additional materials prepared by or on behalf	1154
of the board. The board may use the services of unpaid volunteers	1155
in conducting its program and may reimburse those volunteers for	1156
necessary and actual expenses incurred in participating in the	1157
program.	1158

The board shall train each new election officer before the	1159
new officer participates in the first election in that capacity.	1160
The board shall instruct election officials who have been trained	1161
previously only when the board or secretary of state considers	1162
that instruction necessary, but the board shall reinstruct such	1163
persons, other than presiding judgesvoting location managers, at	1164
least once in every three years and shall reinstruct presiding	1165
judgesvoting location managers before the primary election in	1166
even-numbered years. The board shall schedule any program of	1167
instruction within sixty days prior to the election in which the	1168
officials to be trained will participate.	1169

(C) The duties of a judge of anprecinct election official in	1170
each polling place shall be performed only by an individual who	1171
has successfully completed the requirements of the program, unless	1172
such an individual is unavailable after reasonable efforts to	1173
obtain such services.	1174

(D) The secretary of state shall establish a program for the	1175
instruction of members of boards of elections and employees of	1176
boards in the rules, procedures, and law relating to elections.	1177
Each member and employee shall complete the training program	1178
within six months after the member's or employee's original	1179
appointment or employment, and thereafter each member and employee	1180
shall complete a training program to update their knowledge once	1181
every four years or more often as determined by the secretary of	1182
state.	1183

(E) The secretary of state shall reimburse each county for	1184
the cost of programs established pursuant to division (B) of this	1185
section, once the secretary of state has received an itemized	1186
statement of expenses for such instruction programs from the	1187
county. The itemized statement shall be in a form prescribed by	1188
the secretary of state.	1189

Sec. 3501.28.  (A) As used in this section:

1190

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1191
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1192
amended.	1193

(2) "Full election day" means the period of time between the	1194
opening of the polls and the completion of the procedures	1195
contained in section 3501.26 of the Revised Code.	1196

(3) "Services" means services at each general, primary, or	1197
special election.	1198

(B) Beginning with calendar year 1998, each judge of an	1199
election in a county shall be paid for the judge's services at the	1200
same hourly rate, which shall be not less than the minimum hourly	1201
rate established by the Fair Labor Standards Act and not more than	1202
eighty-five dollars per diem.	1203

(C) Beginning with calendar year 2004, each judge of an	1204
precinct election official in a county shall be paid for the	1205
judge'sofficial's services at the same hourly rate, which shall	1206
be not less than the minimum hourly rate established by the Fair	1207
Labor Standards Act and not more than ninety-five dollars per	1208
diem.	1209

(D)(C) The secretary of state shall establish, by rule	1210
adopted under section 111.15 of the Revised Code, the maximum	1211
amount of per diem compensation that may be paid to judges of an	1212
precinct election officials under this section each time the Fair	1213
Labor Standards Act is amended to increase the minimum hourly rate	1214
established by the act. Upon learning of such an increase, the	1215
secretary of state shall determine by what percentage the minimum	1216
hourly rate has been increased under the act and establish a new	1217
maximum amount of per diem compensation that judges of anprecinct	1218
election officials may be paid under this section that is	1219
increased by the same percentage that the minimum hourly rate has	1220
been increased under the act.	1221

(E)(D)(1)(a) No board of elections shall increase the pay of	1222
a judge of anprecinct election official under this section during	1223
a calendar year unless the board has given written notice of the	1224
proposed increase to the board of county commissioners not later	1225
than the first day of October of the preceding calendar year.	1226

(b) Except as otherwise provided in division (E)(D)(2) of	1227
this section, a board of elections may increase the pay of a judge	1228
of anprecinct election official during a calendar year by up to,	1229
but not exceeding, nine per cent over the compensation paid to a	1230
judge of anprecinct election official in the county where the	1231
board is located during the previous calendar year, if the	1232
compensation so paid during the previous calendar year was	1233
eighty-five dollars or less per diem.	1234

(c) Except as otherwise provided in division (E)(D)(2) of	1235
this section, a board of elections may increase the pay of a judge	1236
of anprecinct election official during a calendar year by up to,	1237
but not exceeding, four and one-half per cent over the	1238
compensation paid to a judge of anprecinct election official in	1239
the county where the board is located during the previous calendar	1240
year, if the compensation so paid during the previous calendar	1241
year was more than eighty-five but less than ninety-five dollars	1242
per diem.	1243

(2) The board of county commissioners may review and comment	1244
upon a proposed increase and may enter into a written agreement	1245
with a board of elections to permit an increase in the	1246
compensation paid to judges of anprecinct election officials for	1247
their services during a calendar year that is greater than the	1248
applicable percentage limitation described in division	1249
(E)(D)(1)(b) or (c) of this section.	1250

(F)(E) No judge of anprecinct election official who works	1251
less than the full election day shall be paid the maximum amount	1252
allowed under this section or the maximum amount as set by the	1253
board of elections, whichever is less.	1254

(G)(F)(1) Except as otherwise provided in divisions (G)(F)(4)	1255
to (6) of this section, any employee of the state or of any	1256
political subdivision of the state may serve as a judge of	1257
electionsprecinct election official on the day of an election	1258
without loss of the employee's regular compensation for that day	1259
as follows:	1260

(a) For employees of a county office, department, commission,	1261
board, or other entity, or of a court of common pleas, county	1262
court, or county-operated municipal court, as defined in section	1263
1901.03 of the Revised Code, the employee's appointing authority	1264
may permit leave with pay for this service in accordance with a	1265
resolution setting forth the terms and conditions for that leave	1266
passed by the board of county commissioners.	1267

(b) For all other employees of a political subdivision of the	1268
state, leave with pay for this service shall be subject to the	1269
terms and conditions set forth in an ordinance or a resolution	1270
passed by the legislative authority of the applicable political	1271
subdivision.	1272

(c) For state employees, leave with pay for this service	1273
shall be subject to the terms and conditions set forth by the head	1274
of the state agency, as defined in section 1.60 of the Revised	1275
Code, by which the person is employed.	1276

(2) Any terms and conditions set forth by a board of county	1277
commissioners, legislative authority of a political subdivision,	1278
or head of a state agency under division (G)(F)(1) of this section	1279
shall include a standard procedure for deciding which employees	1280
are permitted to receive leave with pay if multiple employees of	1281
an entity or court described in division (G)(F)(1)(a) of this	1282
section, of an entity of a political subdivision described in	1283
division (G)(F)(1)(b) of this section, or of a state agency as	1284
defined in section 1.60 of the Revised Code apply to serve as a	1285
judge of electionsprecinct election official on the day of an	1286
election. This procedure shall be applied uniformly to all	1287
similarly situated employees.	1288

(3) Any employee who is eligible for leave with pay under	1289
division (G)(F)(1) of this section shall receive, in addition to	1290
the employee's regular compensation, the compensation paid to the	1291
judge of anprecinct election official under division (B),or (C),	1292
or (D) of this section.	1293

(4) Division (G)(F)(1) of this section does not apply to	1294
either of the following:	1295

(a) Election officials;

1296

(b) Public school teachers.

1297

(5) Nothing in division (G)(F)(1) of this section supersedes	1298
or negates any provision of a collective bargaining agreement in	1299
effect under Chapter 4117. of the Revised Code.	1300

(6) If a board of county commissioners, legislative authority	1301
of a political subdivision, or head of a state agency fails to set	1302
forth any terms and conditions under division (G)(F)(1) of this	1303
section, an employee of an entity or court described in division	1304
(G)(F)(1)(a) of this section, of an entity of a political	1305
subdivision described in division (G)(F)(1)(b) of this section, or	1306
of a state agency as defined in section 1.60 of the Revised Code	1307
may use personal leave, vacation leave, or compensatory time, or	1308
take unpaid leave, to serve as a judge of electionsprecinct	1309
election official on the day of an election.	1310

(H)(G) The board of elections may withhold the compensation	1311
of any precinct election official for failure to obey the	1312
instructions of the board or to comply with the law relating to	1313
the duties of sucha precinct judgeelection official. Any payment	1314
a judge of anprecinct election official is entitled to receive	1315
under section 3501.36 of the Revised Code is in addition to the	1316
compensation the judgeofficial is entitled to receive under this	1317
section.	1318

Sec. 3501.29.  (A) The board of elections shall provide for	1319
each precinct a polling place and provide adequate facilities at	1320
each polling place for conducting the election. The board shall	1321
provide a sufficient number of screened or curtained voting	1322
compartments to which electors may retire and conveniently mark	1323
their ballots, protected from the observation of others. Each	1324
voting compartment shall be provided at all times with writing	1325
implements, instructions how to vote, and other necessary	1326
conveniences for marking the ballot. The presiding judgevoting	1327
location manager shall ensure that the voting compartments at all	1328
times are adequately lighted and contain the necessary supplies.	1329
The board shall utilize, in so far as practicable, rooms in public	1330
schools and other public buildings for polling places. Upon	1331
application of the board of elections, the authority which has the	1332
control of any building or grounds supported by taxation under the	1333
laws of this state, shall make available the necessary space	1334
therein for the purpose of holding elections and adequate space	1335
for the storage of voting machines, without charge for the use	1336
thereof. A reasonable sum may be paid for necessary janitorial	1337
service. When polling places are established in private buildings,	1338
the board may pay a reasonable rental therefor, and also the cost	1339
of liability insurance covering the premises when used for	1340
election purposes, or the board may purchase a single liability	1341
policy covering the board and the owners of the premises when used	1342
for election purposes. When removable buildings are supplied by	1343
the board, they shall be constructed under the contract let to the	1344
lowest and best bidder, and the board shall observe all ordinances	1345
and regulations then in force as to safety. The board shall remove	1346
all such buildings from streets and other public places within	1347
thirty days after an election, unless another election is to be	1348
held within ninety days.	1349

(B)(1) Except as otherwise provided in this section, the	1350
board shall ensure all of the following:	1351

(a) That polling places are free of barriers that would	1352
impede ingress and egress of handicapped persons;	1353

(b) That the minimum number of special parking locations,	1354
also known as handicapped parking spaces or disability parking	1355
spaces, for handicapped persons are designated at each polling	1356
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1357
compliance with division (E) of section 4511.69 of the Revised	1358
Code.	1359

(c) That the entrances of polling places are level or are	1360
provided with a nonskid ramp of not over eight per cent gradient	1361
that meets the requirements of the "Americans with Disabilities	1362
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;	1363

(d) That doors are a minimum of thirty-two inches wide.

1364

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1365
section, certain polling places may be specifically exempted by	1366
the secretary of state upon certification by a board of elections	1367
that a good faith, but unsuccessful, effort has been made to	1368
modify, or change the location of, such polling places.	1369

(C) At anyIf a polling place that ishas been exempted from	1370
compliance by the secretary of state under division (B)(2) of this	1371
section, the board of elections shall permit any handicapped	1372
elector who travels to that elector's polling place, but who is	1373
unable to enter the polling place due to the inaccessibility of	1374
the polling place, to vote, with the assistance of two polling	1375
place officials of major political parties, in the vehicle that	1376
conveyed that elector to the polling place, or to receive and cast	1377
that elector's ballot at the door of the polling place.	1378

(D) The secretary of state shall:

1379

(1) Work with other state agencies to facilitate the	1380
distribution of information and technical assistance to boards of	1381
elections to meet the requirements of division (B) of this	1382
section;	1383

(2) Work with organizations that represent or provide	1384
services to handicapped, disabled, or elderly citizens to effect a	1385
wide dissemination of information about the availability of	1386
absentee voting, voting in the voter's vehicle or at the door of	1387
the polling place, or other election services to handicapped,	1388
disabled, or elderly citizens.	1389

(E) Before the day of an election, the director of the board	1390
of elections of each county shall sign a statement verifying that	1391
each polling place that will be used in that county at that	1392
election meets the requirements of division (B)(1)(b) of this	1393
section. The signed statement shall be sent to the secretary of	1394
state by certified mail.	1395

(F) As used in this section, "handicapped" means having lost	1396
the use of one or both legs, one or both arms, or any combination	1397
thereof, or being blind or so severely disabled as to be unable to	1398
move about without the aid of crutches or a wheelchair.	1399

Sec. 3501.30. (A) The board of elections shall provide for	1400
each polling place the necessary ballot boxes, official ballots,	1401
cards of instructions, registration forms, pollbooks or poll	1402
lists, tally sheets, forms on which to make summary statements,	1403
writing implements, paper, and all other supplies necessary for	1404
casting and counting the ballots and recording the results of the	1405
voting at the polling place. The pollbooks or poll lists shall	1406
have certificates appropriately printed on them for the signatures	1407
of all the precinct officials, by which they shall certify that,	1408
to the best of their knowledge and belief, the pollbooks or poll	1409
lists correctly show the names of all electors who voted in the	1410
polling place at the election indicated in the pollbooks or poll	1411
lists.	1412

All of the following shall be included among the supplies	1413
provided to each polling place:	1414

(1) A large map of each appropriate precinct, which shall be	1415
displayed prominently to assist persons who desire to register or	1416
vote on election day. Each map shall show all streets within the	1417
precinct and contain identifying symbols of the precinct in bold	1418
print.	1419

(2) Any materials, postings, or instructions required to	1420
comply with state or federal laws;	1421

(3) A flag of the United States approximately two and	1422
one-half feet in length along the top, which shall be displayed	1423
outside the entrance to the polling place during the time it is	1424
open for voting;	1425

(4) Two or more small flags of the United States	1426
approximately fifteen inches in length along the top, which shall	1427
be placed at a distance of one hundred feet from the polling place	1428
on the thoroughfares or walkways leading to the polling place, to	1429
mark the distance within which persons other than election	1430
officials, observers, police officers, and electors waiting to	1431
mark, marking, or casting their ballots shall not loiter,	1432
congregate, or engage in any kind of election campaigning. Where	1433
small flags cannot reasonably be placed one hundred feet from the	1434
polling place, the presiding election judgevoting location	1435
manager shall place the flags as near to one hundred feet from the	1436
entrance to the polling place as is physically possible. Police	1437
officers and all election officials shall see that this	1438
prohibition against loitering and congregating is enforced.	1439

When the period of time during which the polling place is	1440
open for voting expires, all of the flags described in this	1441
division shall be taken into the polling place and shall be	1442
returned to the board together with all other election supplies	1443
required to be delivered to the board.	1444

(B) The board of elections shall follow the instructions and	1445
advisories of the secretary of state in the production and use of	1446
polling place supplies.	1447

Sec. 3501.302. The secretary of state may enter into	1448
agreements for the bulk purchase of election supplies in order to	1449
reduce the costs for such purchases by individual boards of	1450
elections. A board of elections desiring to participate in such	1451
purchase agreements shall file with the secretary of state a	1452
written request for inclusion. A request for inclusion shall	1453
include an agreement to be bound by such terms and conditions as	1454
the secretary of state prescribes and to make direct payments to	1455
the vendor under each purchase agreement.	1456

Sec. 3501.31.  The board of elections shall mail to each	1457
precinct election official notice of the date, hours, and place of	1458
holding each election in the official's respective precinct at	1459
which it desires the official to serve. Each of such officials	1460
shall notify the board immediately upon receipt of such notice of	1461
any inability to serve.	1462

The election official designated as presiding judgevoting	1463
location manager under section 3501.22 of the Revised Code shall	1464
call at the office of the board at such time before the day of the	1465
election, not earlier than the tenth day before the day of the	1466
election, as the board designates to obtain the ballots,	1467
pollbooks, registration forms and lists, and other material to be	1468
used in the official's polling place on election day.	1469

The board may also provide for the delivery of such materials	1470
to polling places in a municipal corporation by members of the	1471
police department of such municipal corporation; or the board may	1472
provide for the delivery of such materials to the presiding judge	1473
voting location manager not earlier than the tenth day before the	1474
election, in any manner it finds to be advisable.	1475

On election day the precinct election officials shall	1476
punctually attend the polling place one-half hour beforeat the	1477
time fixed for opening the pollsdetermined by the board of	1478
elections. Each of the precinct election officials shall thereupon	1479
make and subscribe to a statement which shall be as follows:	1480

"State of Ohio	1481

County of ...............	1482

I do solemnly swear under the penalty of perjury that I will	1483
support the constitution of the United States of America and the	1484
constitution of the state of Ohio and its laws; that I have not	1485
been convicted of a felony or any violation of the election laws;	1486
that I will discharge to the best of my ability the duties of	1487
judge ofprecinct election official in and for precinct	1488
.................... in the .................... (township) or	1489
(ward and city or village) .................... in the county of	1490
...................., in the election to be held on the ..........	1491
day of ..............., ....., as required by law and the rules	1492
and instructions of the board of elections of said county; and	1493
that I will endeavor to prevent fraud in such election, and will	1494
report immediately to said board any violations of the election	1495
laws which come to my attention, and will not disclose any	1496
information as to how any elector voted which is gained by me in	1497
the discharge of my official duties.	1498

............................................................	1499

............................................................	1500

............................................................	1501

............................................................	1502

............................................................	1503

............................................................	1504

(Signatures of precinct election officials)"	1505

If any of the other precinct election officials is absent at	1506
that time, the presiding judgevoting location manager, with the	1507
concurrence of a majority of the precinct election officials	1508
present, shall appoint a qualified elector who is a member of the	1509
same political party as the political party of which such absent	1510
precinct election official is a member to fill the vacancy until	1511
the board appoints a person to fill such vacancy and the person so	1512
appointed reports for duty at the polling place. The presiding	1513
judgevoting location manager shall promptly notify the board of	1514
such vacancy by telephone or otherwise. The presiding judgevoting	1515
location manager also shall assign the precinct election officials	1516
to their respective duties and shall have general charge of the	1517
polling place.	1518

Sec. 3501.32.  (A) Except as otherwise provided in division	1519
(B) of this section, on the day of the election the polls shall be	1520
opened by proclamation by the presiding judgevoting location	1521
manager, or in histhe manager's absence by a presiding judge	1522
voting location manager chosen by the judgesprecinct election	1523
officials, at six-thirty a.m. and shall be closed by proclamation	1524
at seven-thirty p.m. unless there are voters waiting in line to	1525
cast their ballots, in which case the polls shall be kept open	1526
until such waiting voters have voted.	1527

(B) On the day of the election, any polling place located on	1528
an island not connected to the mainland by a highway or a bridge	1529
may close earlier than seven-thirty p.m. if all registered voters	1530
in the precinct have voted. When a polling place closes under	1531
division (B) of this section the presiding judgevoting location	1532
manager shall immediately notify the board of elections of the	1533
closing.	1534

Sec. 3501.33.  All judges ofprecinct election officials	1535
shall enforce peace and good order in and about the place of	1536
registration or election. They shall especially keep the place of	1537
access of the electors to the polling place open and unobstructed	1538
and prevent and stop any improper practices or attempts tending to	1539
obstruct, intimidate, or interfere with any elector in registering	1540
or voting. They shall protect observers against molestation and	1541
violence in the performance of their duties, and may eject from	1542
the polling place any observer for violation of any provision of	1543
Title XXXV of the Revised Code. They shall prevent riots,	1544
violence, tumult, or disorder. In the discharge of these duties,	1545
they may call upon the sheriff, police, or other peace officers to	1546
aid them in enforcing the law. They may order the arrest of any	1547
person violating Title XXXV of the Revised Code, but such an	1548
arrest shall not prevent the person from registering or voting if	1549
the person is entitled to do so. The sheriff, all constables,	1550
police officers, and other officers of the peace shall immediately	1551
obey and aid in the enforcement of any lawful order made by the	1552
precinct election officials in the enforcement of Title XXXV of	1553
the Revised Code.	1554

Sec. 3501.35. (A) During an election and the counting of the	1555
ballots, no person shall do any of the following:	1556

(1) Loiter, congregate, or engage in any kind of election	1557
campaigning within the area between the polling place and the	1558
small flags of the United States placed on the thoroughfares and	1559
walkways leading to the polling place, and if the line of electors	1560
waiting to vote extends beyond those small flags, within ten feet	1561
of any elector in that line;	1562

(2) In any manner hinder or delay an elector in reaching or	1563
leaving the place fixed for casting the elector's ballot;	1564

(3) Give, tender, or exhibit any ballot or ticket to any	1565
person other than the elector's own ballot to the judge of	1566
precinct election officials within the area between the polling	1567
place and the small flags of the United States placed on the	1568
thoroughfares and walkways leading to the polling place, and if	1569
the line of electors waiting to vote extends beyond those small	1570
flags, within ten feet of any elector in that line;	1571

(4) Exhibit any ticket or ballot which the elector intends to	1572
cast;	1573

(5) Solicit or in any manner attempt to influence any elector	1574
in casting the elector's vote.	1575

(B)(1) Except as otherwise provided in division (B)(2) of	1576
this section and division (C) of section 3503.23 of the Revised	1577
Code, no person who is not an election official, employee,	1578
observer, or police officer shall be allowed to enter the polling	1579
place during the election, except for the purpose of voting or	1580
assisting another person to vote as provided in section 3505.24 of	1581
the Revised Code.	1582

(2) Notwithstanding any provision of this section to the	1583
contrary, a journalist shall be allowed reasonable access to a	1584
polling place during an election. As used in this division,	1585
"journalist" has the same meaning as in division (B)(9) of section	1586
149.43 of the Revised Code.	1587

(C) No more electors shall be allowed to approach the voting	1588
shelves at any time than there are voting shelves provided.	1589

(D) The judges ofprecinct election officials and the police	1590
officer shall strictly enforce the observance of this section.	1591

Sec. 3501.37.  After each election, the judges of elections	1592
precinct election officials of each precinct, except when the	1593
board of elections assumes the duty, shall see that the movable	1594
booths and other equipment are returned for safekeeping to the	1595
fiscal officer of the township or to the clerk or auditor of the	1596
municipal corporation in which the precinct is situated. The	1597
fiscal officer, clerk, or auditor shall have booths and equipment	1598
on hand and in place at the polling places in each precinct before	1599
the time for opening the polls on election days, and for this	1600
service the board may allow the necessary expenses incurred. In	1601
cities, this duty shall devolve on the board.	1602

Sec. 3501.38.  All declarations of candidacy, nominating	1603
petitions, or other petitions presented to or filed with the	1604
secretary of state or a board of elections or with any other	1605
public office for the purpose of becoming a candidate for any	1606
nomination or office or for the holding of an election on any	1607
issue shall, in addition to meeting the other specific	1608
requirements prescribed in the sections of the Revised Code	1609
relating to them, be governed by the following rules:	1610

(A) Only electors qualified to vote on the candidacy or issue	1611
which is the subject of the petition shall sign a petition. Each	1612
signer shall be a registered elector pursuant to section 3503.11	1613
3503.01 of the Revised Code. The facts of qualification shall be	1614
determined as of the date when the petition is filed.	1615

(B) Signatures shall be affixed in ink. Each signer may also	1616
print the signer's name, so as to clearly identify the signer's	1617
signature.	1618

(C) Each signer shall place on the petition after the	1619
signer's name the date of signing and the location of the signer's	1620
voting residence, including the street and number if in a	1621
municipal corporation or the rural route number, post office	1622
address, or township if outside a municipal corporation. The	1623
voting address given on the petition shall be the address	1624
appearing in the registration records at the board of elections.	1625

(D) Except as otherwise provided in section 3501.382 of the	1626
Revised Code, no person shall write any name other than the	1627
person's own on any petition. Except as otherwise provided in	1628
section 3501.382 of the Revised Code, no person may authorize	1629
another to sign for the person. If a petition contains the	1630
signature of an elector two or more times, only the first	1631
signature shall be counted.	1632

(E)(1) On each petition paper, the circulator shall indicate	1633
the number of signatures contained on it, and shall sign a	1634
statement made under penalty of election falsification that the	1635
circulator witnessed the affixing of every signature, that all	1636
signers were to the best of the circulator's knowledge and belief	1637
qualified to sign, and that every signature is to the best of the	1638
circulator's knowledge and belief the signature of the person	1639
whose signature it purports to be or of an attorney in fact acting	1640
pursuant to section 3501.382 of the Revised Code. On the	1641
circulator's statement for a declaration of candidacy or	1642
nominating petition for a person seeking to become a statewide	1643
candidate or for a statewide initiative or a statewide referendum	1644
petition, the circulator shall identify the circulator's name, the	1645
address of the circulator's permanent residence, and the name and	1646
address of the person employing the circulator to circulate the	1647
petition, if any.	1648

(2) As used in division (E) of this section, "statewide	1649
candidate" means the joint candidates for the offices of governor	1650
and lieutenant governor or a candidate for the office of secretary	1651
of state, auditor of state, treasurer of state, or attorney	1652
general.	1653

(F) Except as otherwise provided in section 3501.382 of the	1654
Revised Code, if a circulator knowingly permits an unqualified	1655
person to sign a petition paper or permits a person to write a	1656
name other than the person's own on a petition paper, that	1657
petition paper is invalid; otherwise, the signature of a person	1658
not qualified to sign shall be rejected but shall not invalidate	1659
the other valid signatures on the paper.	1660

(G) The circulator of a petition may, before filing it in a	1661
public office, strike from it any signature the circulator does	1662
not wish to present as a part of the petition.	1663

(H) Any signer of a petition or an attorney in fact acting	1664
pursuant to section 3501.382 of the Revised Code on behalf of a	1665
signer may remove the signer's signature from that petition at any	1666
time before the petition is filed in a public office by striking	1667
the signer's name from the petition; no signature may be removed	1668
after the petition is filed in any public office.	1669

(I)(1) No alterations, corrections, or additions may be made	1670
to a petition after it is filed in a public office.	1671

(2)(a) No declaration of candidacy, nominating petition, or	1672
other petition for the purpose of becoming a candidate may be	1673
withdrawn after it is filed in a public office. Nothing in this	1674
division prohibits a person from withdrawing as a candidate as	1675
otherwise provided by law.	1676

(b) No petition presented to or filed with the secretary of	1677
state, a board of elections, or any other public office for the	1678
purpose of the holding of an election on any question or issue may	1679
be resubmitted after it is withdrawn from a public office. Nothing	1680
in this division prevents a question or issue petition from being	1681
withdrawn by the filing of a written notice of the withdrawal by a	1682
majority of the members of the petitioning committee with the same	1683
public office with which the petition was filed prior to the	1684
sixtieth day before the election at which the question or issue is	1685
scheduled to appear on the ballot.	1686

(J) All declarations of candidacy, nominating petitions, or	1687
other petitions under this section shall be accompanied by the	1688
following statement in boldface capital letters: WHOEVER COMMITS	1689
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	1690

(K) All separate petition papers shall be filed at the same	1691
time, as one instrument.	1692

(L) If a board of elections distributes for use a petition	1693
form for a declaration of candidacy, nominating petition, or any	1694
type of question or issue petition that does not satisfy the	1695
requirements of law as of the date of that distribution, the board	1696
shall not invalidate the petition on the basis that the petition	1697
form does not satisfy the requirements of law, if the petition	1698
otherwise is valid. Division (L) of this section applies only if	1699
the candidate received the petition from the board within ninety	1700
days of when the petition is required to be filed.	1701

Sec. 3503.02.  All registrars and judges of elections	1702
precinct election officials, in determining the residence of a	1703
person offering to register or vote, shall be governed by the	1704
following rules:	1705

(A) That place shall be considered the residence of a person	1706
in which the person's habitation is fixed and to which, whenever	1707
the person is absent, the person has the intention of returning.	1708

(B) A person shall not be considered to have lost the	1709
person's residence who leaves the person's home and goes into	1710
another state or county of this state, for temporary purposes	1711
only, with the intention of returning.	1712

(C) A person shall not be considered to have gained a	1713
residence in any county of this state into which the person comes	1714
for temporary purposes only, without the intention of making such	1715
county the permanent place of abode.	1716

(D) The place where the family of a married person resides	1717
shall be considered to be the person's place of residence; except	1718
that when the spouses have separated and live apart, the place	1719
where such a spouse resides the length of time required to entitle	1720
a person to vote shall be considered to be the spouse's place of	1721
residence.	1722

(E) If a person removes to another state with the intention	1723
of making such state the person's residence, the person shall be	1724
considered to have lost the person's residence in this state.	1725

(F) Except as otherwise provided in division (G) of this	1726
section, if a person removes from this state and continuously	1727
resides outside this state for a period of four years or more, the	1728
person shall be considered to have lost the person's residence in	1729
this state, notwithstanding the fact that the person may entertain	1730
an intention to return at some future period.	1731

(G) If a person removes from this state to engage in the	1732
services of the United States government, the person shall not be	1733
considered to have lost the person's residence in this state	1734
during the period of such service, and likewise should the person	1735
enter the employment of the state, the place where such person	1736
resided at the time of the person's removal shall be considered to	1737
be the person's place of residence.	1738

(H) If a person goes into another state and while there	1739
exercises the right of a citizen by voting, the person shall be	1740
considered to have lost the person's residence in this state.	1741

(I) If a person does not have a fixed place of habitation,	1742
but has a shelter or other location at which the person has been a	1743
consistent or regular inhabitant and to which the person has the	1744
intention of returning, that shelter or other location shall be	1745
deemed the person's residence for the purpose of registering to	1746
vote.	1747

Sec. 3503.06. (A) No person shall be entitled to vote at any	1748
election, or to sign or circulate any declaration of candidacy or	1749
any nominating, or recallelection petition, unless the person is	1750
registered as an elector and will have resided in the county and	1751
precinct where the person is registered for at least thirty days	1752
at the time of the next election.	1753

(B)(1) No person shall be entitled to circulate any	1754
initiative or referendum petition unless the person is a resident	1755
of this state.	1756

(2) All election officials, in determining the residence of a	1757
person circulating a petition under division (B)(1) of this	1758
section, shall be governed by the following rules:	1759

(a) That place shall be considered the residence of a person	1760
in which the person's habitation is fixed and to which, whenever	1761
the person is absent, the person has the intention of returning.	1762

(b) A person shall not be considered to have lost the	1763
person's residence who leaves the person's home and goes into	1764
another state for temporary purposes only, with the intention of	1765
returning.	1766

(c) A person shall not be considered to have gained a	1767
residence in any county of this state into which the person comes	1768
for temporary purposes only, without the intention of making that	1769
county the permanent place of abode.	1770

(d) If a person removes to another state with the intention	1771
of making that state the person's residence, the person shall be	1772
considered to have lost the person's residence in this state.	1773

(e) Except as otherwise provided in division (B)(2)(f) of	1774
this section, if a person removes from this state and continuously	1775
resides outside this state for a period of four years or more, the	1776
person shall be considered to have lost the person's residence in	1777
this state, notwithstanding the fact that the person may entertain	1778
an intention to return at some future period.	1779

(f) If a person removes from this state to engage in the	1780
services of the United States government, the person shall not be	1781
considered to have lost the person's residence in this state	1782
during the period of that service, and likewise should the person	1783
enter the employment of the state, the place where that person	1784
resided at the time of the person's removal shall be considered to	1785
be the person's place of residence.	1786

(g) If a person goes into another state and, while there,	1787
exercises the right of a citizen by voting, the person shall be	1788
considered to have lost the person's residence in this state.	1789

(C) No person shall be entitled to sign any initiative or	1790
referendum petition unless the person is registered as an elector	1791
and will have resided in the county and precinct where the person	1792
is registered for at least thirty days at the time of the next	1793
election.	1794

Sec. 3503.10.  (A) Each designated agency shall designate one	1795
person within that agency to serve as coordinator for the voter	1796
registration program within the agency and its departments,	1797
divisions, and programs. The designated person shall be trained	1798
under a program designed by the secretary of state and shall be	1799
responsible for administering all aspects of the voter	1800
registration program for that agency as prescribed by the	1801
secretary of state. The designated person shall receive no	1802
additional compensation for performing such duties.	1803

(B) Every designated agency, public high school and	1804
vocational school, public library, and office of a county	1805
treasurer shall provide in each of its offices or locations voter	1806
registration applications and assistance in the registration of	1807
persons qualified to register to vote, in accordance with this	1808
chapter.	1809

(C) Every designated agency shall distribute to its	1810
applicants, prior to or in conjunction with distributing a voter	1811
registration application, a form prescribed by the secretary of	1812
state that includes all of the following:	1813

(1) The question, "Do you want to register to vote or update	1814
your current voter registration?"--followed by boxes for the	1815
applicant to indicate whether the applicant would like to register	1816
or decline to register to vote, and the statement, highlighted in	1817
bold print, "If you do not check either box, you will be	1818
considered to have decided not to register to vote at this time.";	1819

(2) If the agency provides public assistance, the statement,	1820
"Applying to register or declining to register to vote will not	1821
affect the amount of assistance that you will be provided by this	1822
agency.";	1823

(3) The statement, "If you would like help in filling out the	1824
voter registration application form, we will help you. The	1825
decision whether to seek or accept help is yours. You may fill out	1826
the application form in private.";	1827

(4) The statement, "If you believe that someone has	1828
interfered with your right to register or to decline to register	1829
to vote, your right to privacy in deciding whether to register or	1830
in applying to register to vote, or your right to choose your own	1831
political party or other political preference, you may file a	1832
complaint with the prosecuting attorney of your county or with the	1833
secretary of state," with the address and telephone number for	1834
each such official's office.	1835

(D) Each designated agency shall distribute a voter	1836
registration form prescribed by the secretary of state to each	1837
applicant with each application for service or assistance, and	1838
with each written application or form for recertification,	1839
renewal, or change of address.	1840

(E) Each designated agency shall do all of the following:

1841

(1) Have employees trained to administer the voter	1842
registration program in order to provide to each applicant who	1843
wishes to register to vote and who accepts assistance, the same	1844
degree of assistance with regard to completion of the voter	1845
registration application as is provided by the agency with regard	1846
to the completion of its own form;	1847

(2) Accept completed voter registration applications, voter	1848
registration change of residence forms, and voter registration	1849
change of name forms, regardless of whether the application or	1850
form was distributed by the designated agency, for transmittal to	1851
the office of the board of elections in the county in which the	1852
agency is located. Each designated agency and the appropriate	1853
board of elections shall establish a method by which the voter	1854
registration applications and other voter registration forms are	1855
transmitted to that board of elections within five days after	1856
being accepted by the agency.	1857

(3) If the designated agency is one that is primarily engaged	1858
in providing services to persons with disabilities under a	1859
state-funded program, and that agency provides services to a	1860
person with disabilities at a person's home, provide the services	1861
described in divisions (E)(1) and (2) of this section at the	1862
person's home;	1863

(4) Keep as confidential, except as required by the secretary	1864
of state for record-keeping purposes, the identity of an agency	1865
through which a person registered to vote or updated the person's	1866
voter registration records, and information relating to a	1867
declination to register to vote made in connection with a voter	1868
registration application issued by a designated agency.	1869

(F) The secretary of state shall prepare and transmit written	1870
instructions on the implementation of the voter registration	1871
program within each designated agency, public high school and	1872
vocational school, public library, and office of a county	1873
treasurer. The instructions shall include directions as follows:	1874

(1) That each person designated to assist with voter	1875
registration maintain strict neutrality with respect to a person's	1876
political philosophies, a person's right to register or decline to	1877
register, and any other matter that may influence a person's	1878
decision to register or not register to vote;	1879

(2) That each person designated to assist with voter	1880
registration not seek to influence a person's decision to register	1881
or not register to vote, not display or demonstrate any political	1882
preference or party allegiance, and not make any statement to a	1883
person or take any action the purpose or effect of which is to	1884
lead a person to believe that a decision to register or not	1885
register has any bearing on the availability of services or	1886
benefits offered, on the grade in a particular class in school, or	1887
on credit for a particular class in school;	1888

(3) Regarding when and how to assist a person in completing	1889
the voter registration application, what to do with the completed	1890
voter registration application or voter registration update form,	1891
and when the application must be transmitted to the appropriate	1892
board of elections;	1893

(4) Regarding what records must be kept by the agency and	1894
where and when those records should be transmitted to satisfy	1895
reporting requirements imposed on the secretary of state under the	1896
National Voter Registration Act of 1993;	1897

(5) Regarding whom to contact to obtain answers to questions	1898
about voter registration forms and procedures.	1899

(G) If the voter registration activity is part of an in-class	1900
voter registration program in a public high school or vocational	1901
school, whether prescribed by the secretary of state or	1902
independent of the secretary of state, the board of education	1903
shall do all of the following:	1904

(1) Establish a schedule of school days and hours during	1905
these days when the person designated to assist with voter	1906
registration shall provide voter registration assistance;	1907

(2) Designate a person to assist with voter registration from	1908
the public high school's or vocational school's staff;	1909

(3) Make voter registration applications and materials	1910
available, as outlined in the voter registration program	1911
established by the secretary of state pursuant to section 3501.05	1912
of the Revised Code;	1913

(4) Distribute the statement, "applying to register or	1914
declining to register to vote will not affect or be a condition of	1915
your receiving a particular grade in or credit for a school course	1916
or class, participating in a curricular or extracurricular	1917
activity, receiving a benefit or privilege, or participating in a	1918
program or activity otherwise available to pupils enrolled in this	1919
school district's schools.";	1920

(5) Establish a method by which the voter registration	1921
application and other voter registration forms are transmitted to	1922
the board of elections within five days after being accepted by	1923
the public high school or vocational school.	1924

(H) Any person employed by the designated agency, public high	1925
school or vocational school, public library, or office of a county	1926
treasurer may be designated to assist with voter registration	1927
pursuant to this section. The designated agency, public high	1928
school or vocational school, public library, or office of a county	1929
treasurer shall provide the designated person, and make available	1930
such space as may be necessary, without charge to the county or	1931
state.	1932

(I) The secretary of state shall prepare and cause to be	1933
displayed in a prominent location in each designated agency a	1934
notice that identifies the person designated to assist with voter	1935
registration, the nature of that person's duties, and where and	1936
when that person is available for assisting in the registration of	1937
voters.	1938

A designated agency may furnish additional supplies and	1939
services to disseminate information to increase public awareness	1940
of the existence of a person designated to assist with voter	1941
registration in every designated agency.	1942

(J) This section does not limit any authority a board of	1943
education, superintendent, or principal has to allow, sponsor, or	1944
promote voluntary election registration programs within a high	1945
school or vocational school, including programs in which pupils	1946
serve as persons designated to assist with voter registration,	1947
provided that no pupil is required to participate.	1948

(K) Each public library and office of the county treasurer	1949
shall establish a method by which voter registration forms are	1950
transmitted to the board of elections within five days after being	1951
accepted by the public library or office of the county treasurer.	1952

(L) The department of job and family services and its	1953
departments, divisions, and programs shall limit administration of	1954
the aspects of the voter registration program for the department	1955
to the requirements prescribed by the secretary of state and, the	1956
requirements of this section and section 3503.19 of the Revised	1957
Code, and the requirements of the National Voter Registration Act	1958
of 1993.	1959

Sec. 3503.14.  (A) The secretary of state shall prescribe the	1960
form and content of the registration, change of residence, and	1961
change of name forms used in this state. The forms shall meet the	1962
requirements of the National Voter Registration Act of 1993 and	1963
shall include spaces for all of the following:	1964

(1) The voter's name;

1965

(2) The voter's address;

1966

(3) The current date;

1967

(4) The voter's date of birth;

1968

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

1969

(a) The voter's driver's license number, if any;

1970

(b) The last four digits of the voter's social security	1971
number, if any;	1972

(c) A copy of a current and valid photo identification, a	1973
copy of a military identification, or a copy of a current utility	1974
bill, bank statement, government check, paycheck, or other	1975
government document, other than a notice of an election mailed by	1976
a board of elections under section 3501.19 of the Revised Code or	1977
a notice of voter registration mailed by a board of elections	1978
under section 3503.19 of the Revised Code, that shows the voter's	1979
name and address.	1980

(6) The voter's signature.

1981

The registration form shall include a space on which the	1982
person registering an applicant shall sign the person's name and	1983
provide the person's address and a space on which the person	1984
registering an applicant shall name the employer who is employing	1985
that person to register the applicant.	1986

Except for forms prescribed by the secretary of state under	1987
section 3503.11 of the Revised Code, the secretary of state shall	1988
permit boards of elections to produce forms that have subdivided	1989
spaces for each individual alphanumeric character of the	1990
information provided by the voter so as to accommodate the	1991
electronic reading and conversion of the voter's information to	1992
data and the subsequent electronic transfer of that data to the	1993
statewide voter registration database established under section	1994
3503.15 of the Revised Code.	1995

(B) None of the following persons who are registering an	1996
applicant in the course of that official's or employee's normal	1997
duties shall sign the person's name, provide the person's address,	1998
or name the employer who is employing the person to register an	1999
applicant on a form prepared under this section:	2000

(1) An election official;

2001

(2) A county treasurer;

2002

(3) A deputy registrar of motor vehicles;

2003

(4) An employee of a designated agency;

2004

(5) An employee of a public high school;

2005

(6) An employee of a public vocational school;

2006

(7) An employee of a public library;

2007

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

2008

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

2009

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

2010

(11) An employee of an election official.

2011

(C) Except as provided in section 3501.382 of the Revised	2012
Code, any applicant who is unable to sign the applicant's own name	2013
shall make an "X," if possible, which shall be certified by the	2014
signing of the name of the applicant by the person filling out the	2015
form, who shall add the person's own signature. If an applicant is	2016
unable to make an "X," the applicant shall indicate in some manner	2017
that the applicant desires to register to vote or to change the	2018
applicant's name or residence. The person registering the	2019
applicant shall sign the form and attest that the applicant	2020
indicated that the applicant desired to register to vote or to	2021
change the applicant's name or residence.	2022

(D) No registration, change of residence, or change of name	2023
form shall be rejected solely on the basis that a person	2024
registering an applicant failed to sign the person's name or	2025
failed to name the employer who is employing that person to	2026
register the applicant as required under division (A) of this	2027
section.	2028

(E) A voter registration application submitted online through	2029
the internet pursuant to section 3503.20 of the Revised Code is	2030
not required to contain a signature to be considered valid. The	2031
signature obtained under division (B) of that section shall be	2032
considered the applicant's signature for all election and	2033
signature-matching purposes.	2034

(F) As used in this section, "registering an applicant"	2035
includes any effort, for compensation, to provide voter	2036
registration forms or to assist persons in completing or returning	2037
those forms.	2038

Sec. 3503.15.  (A)(1) The secretary of state shall establish	2039
and maintain a statewide voter registration database that shall be	2040
administered by the office of the secretary of state and made	2041
continuously available to each board of elections and to other	2042
agencies as authorized by law.	2043

(2) State agencies, including, but not limited to, the	2044
department of health, bureau of motor vehicles, department of job	2045
and family services, and the department of rehabilitation and	2046
corrections, shall provide any information and data to the	2047
secretary of state that the secretary of state considers necessary	2048
in order to maintain the statewide voter registration database	2049
established pursuant to this section. The secretary of state shall	2050
ensure that any information or data provided to the secretary of	2051
state that is confidential in the possession of the entity	2052
providing the data remains confidential while in the possession of	2053
the secretary of state.	2054

Information provided under this division for maintenance of	2055
the statewide voter registration database shall not be used to	2056
update the name or address of a registered elector. The name or	2057
address of a registered elector shall only be updated as a result	2058
of the elector's actions in filing a notice of change of name,	2059
change of address, or both.	2060

(3) The secretary of state may enter into agreements to share	2061
information or data with other states or groups of states, as the	2062
secretary of state considers necessary, in order to maintain the	2063
statewide voter registration database established pursuant to this	2064
section. Except as otherwise provided in this division, the	2065
secretary of state shall ensure that any information or data	2066
provided to the secretary of state that is confidential in the	2067
possession of the state providing the data remains confidential	2068
while in the possession of the secretary of state. The secretary	2069
of state may provide such otherwise confidential information or	2070
data to persons or organizations that are engaging in legitimate	2071
governmental purposes related to the maintenance of the statewide	2072
voter registration database.	2073

(B) The statewide voter registration database established	2074
under this section shall be the official list of registered voters	2075
for all elections conducted in this state.	2076

(C) The statewide voter registration database established	2077
under this section shall, at a minimum, include all of the	2078
following:	2079

(1) An electronic network that connects all board of	2080
elections offices with the office of the secretary of state and	2081
with the offices of all other boards of elections;	2082

(2) A computer program that harmonizes the records contained	2083
in the database with records maintained by each board of	2084
elections;	2085

(3) An interactive computer program that allows access to the	2086
records contained in the database by each board of elections and	2087
by any persons authorized by the secretary of state to add,	2088
delete, modify, or print database records, and to conduct updates	2089
of the database;	2090

(4) A search program capable of verifying registered voters	2091
and their registration information by name, driver's license	2092
number, birth date, social security number, or current address;	2093

(5) Safeguards and components to ensure that the integrity,	2094
security, and confidentiality of the voter registration	2095
information is maintained.	2096

(D) The secretary of state shall adopt rules pursuant to	2097
Chapter 119. of the Revised Code doing all of the following:	2098

(1) Specifying the manner in which existing voter	2099
registration records maintained by boards of elections shall be	2100
converted to electronic files for inclusion in the statewide voter	2101
registration database;	2102

(2) Establishing a uniform method for entering voter	2103
registration records into the statewide voter registration	2104
database on an expedited basis, but not less than once per day, if	2105
new registration information is received;	2106

(3) Establishing a uniform method for purging canceled voter	2107
registration records from the statewide voter registration	2108
database in accordance with section 3503.21 of the Revised Code;	2109

(4) Specifying the persons authorized to add, delete, modify,	2110
or print records contained in the statewide voter registration	2111
database and to make updates of that database;	2112

(5) Establishing a process for annually auditing the	2113
information contained in the statewide voter registration	2114
database;	2115

(6) Establishing a uniform method for addressing instances in	2116
which records contained in the statewide voter registration	2117
database do not conform with records maintained by the bureau of	2118
motor vehicles.	2119

(E) A board of elections promptly shall purge a voter's name	2120
and voter registration information shall be purged from the	2121
statewide voter registration database in accordance with the rules	2122
adopted by the secretary of state under division (D)(3) of this	2123
section after the cancellation of a voter's registration under	2124
section 3503.21 of the Revised Code.	2125

(F) The secretary of state shall provide training in the	2126
operation of the statewide voter registration database to each	2127
board of elections and to any persons authorized by the secretary	2128
of state to add, delete, modify, or print database records, and to	2129
conduct updates of the database.	2130

(G)(1) The statewide voter registration database established	2131
under this section shall be made available on a web site of the	2132
office of the secretary of state as follows:	2133

(a) Except as otherwise provided in division (G)(1)(b) of	2134
this section, only the following information from the statewide	2135
voter registration database regarding a registered voter shall be	2136
made available on the web site:	2137

(i) The voter's name;

2138

(ii) The voter's address;

2139

(iii) The voter's precinct number;

2140

(iv) The voter's voting history.

2141

(b) During the thirty days before the day of a primary or	2142
general election, the web site interface of the statewide voter	2143
registration database shall permit a voter to search for the	2144
polling location at which that voter may cast a ballot.	2145

(2) The secretary of state shall establish, by rule adopted	2146
under Chapter 119. of the Revised Code, a process for boards of	2147
elections to notify the secretary of state of changes in the	2148
locations of precinct polling places for the purpose of updating	2149
the information made available on the secretary of state's web	2150
site under division (G)(1)(b) of this section. Those rules shall	2151
require a board of elections, during the thirty days before the	2152
day of a primary or general election, to notify the secretary of	2153
state within one business day of any change to the location of a	2154
precinct polling place within the county.	2155

(3) During the thirty days before the day of a primary or	2156
general election, not later than one business day after receiving	2157
a notification from a county pursuant to division (G)(2) of this	2158
section that the location of a precinct polling place has changed,	2159
the secretary of state shall update that information on the	2160
secretary of state's web site for the purpose of division	2161
(G)(1)(b) of this section.	2162

Sec. 3503.16.  (A) Whenever a registered elector changes the	2163
place of residence of that registered elector from one precinct to	2164
another within a county or from one county to another, or has a	2165
change of name, that registered elector shall report the change by	2166
delivering a change of residence or change of name form, whichever	2167
is appropriate, as prescribed by the secretary of state under	2168
section 3503.14 of the Revised Code to the state or local office	2169
of a designated agency, a public high school or vocational school,	2170
a public library, the office of the county treasurer, the office	2171
of the secretary of state, any office of the registrar or deputy	2172
registrar of motor vehicles, or any office of a board of elections	2173
in person or by a third person. Any voter registration, change of	2174
address, or change of name application, returned by mail, may be	2175
sent only to the secretary of state or, the board of elections, or	2176
to the state department or any county department of job and family	2177
services.	2178

A registered elector also may update the registration of that	2179
registered elector by filing a change of residence or change of	2180
name form on the day of a special, primary, or general election at	2181
the polling place in the precinct in which that registered elector	2182
resides or at the board of elections or at another site designated	2183
by the board.	2184

(B)(1)(a) Any registered elector who moves within a precinct	2185
on or prior to the day of a general, primary, or special election	2186
and has not filed a notice of change of residence with the board	2187
of elections may vote in that election by going to that registered	2188
elector's assigned polling place in the precinct in which the	2189
registered elector resides, completing and signing a notice of	2190
change of residence, showing identification in the form of a	2191
current and valid photo identification, a military identification,	2192
or a copy of a current utility bill, bank statement, government	2193
check, paycheck, or other government document, other than a notice	2194
of an election mailed by a board of elections under section	2195
3501.19 of the Revised Code or a notice of voter registration	2196
mailed by a board of elections under section 3503.19 of the	2197
Revised Code, that shows the name and current address of the	2198
elector, and casting a ballot. If the elector provides either a	2199
driver's license or a state identification card issued under	2200
section 4507.50 of the Revised Code that does not contain the	2201
elector's current residence address, the elector shall provide the	2202
last four digits of the elector's driver's license number or state	2203
identification card number, and the precinct election official	2204
shall mark the poll list or signature pollbook to indicate that	2205
the elector has provided a driver's license or state	2206
identification card number with a former address and record the	2207
last four digits of the elector's driver's license number or state	2208
identification card number.	2209

(b) Any registered elector who changes the name of that	2210
registered elector and remains within a precinct on or prior to	2211
the day of a general, primary, or special election and has not	2212
filed a notice of change of name with the board of elections may	2213
vote in that election by going to that registered elector's	2214
assigned polling place, completing and signing a notice of a	2215
change of name, showing the identification required by division	2216
(B)(1)(a) of this section, and casting a provisional ballot under	2217
section 3505.181 of the Revised Code.	2218

(2) Any registered elector who moves from one precinct to	2219
another within a county or moves from one precinct to another and	2220
changes the name of that registered elector on or prior to the day	2221
of a general, primary, or special election and has not filed a	2222
notice of change of residence or change of name, whichever is	2223
appropriate, with the board of elections may vote in that election	2224
if that registered elector complies with division (G) of this	2225
section or does all of the following:	2226

(a) Appears at anytime during regular businessthe hours for	2227
casting an absent voter's ballot in person under section 3509.01	2228
of the Revised Code on or after the twenty-eighthsixteenth day	2229
prior to the election in which that registered elector wishes to	2230
vote or, if the election is held on the day of a presidential	2231
primary election, the twenty-fifth day prior to the election,	2232
through noonsix p.m. of the SaturdayFriday prior to the election	2233
at the office of the board of elections, appears at any time	2234
during regular business hours on the Monday prior to the election	2235
at the office of the board of elections,or at another location	2236
designated under division (C) of section 3501.10 of the Revised	2237
Code or appears on the day of the election at either of the	2238
following locations:	2239

(i) The polling place in the precinct in which that	2240
registered elector resides;	2241

(ii) The office of the board of elections or, if pursuant to	2242
division (C) of section 3501.10 of the Revised Code the board has	2243
designated another location in the county at which registered	2244
electors may vote, at that other location instead of the office of	2245
the board of elections.	2246

(b) Completes and signs, under penalty of election	2247
falsification, the written affirmation on the provisional ballot	2248
envelope, which shall serve as a notice of change of residence or	2249
change of name, whichever is appropriate, and files it with	2250
election officials at the polling place, at the office of the	2251
board of elections, or, if pursuant to division (C) of section	2252
3501.10 of the Revised Code the board has designated another	2253
location in the county at which registered electors may vote, at	2254
that other location instead of the office of the board of	2255
elections, whichever is appropriate;	2256

(c) Votes a provisional ballot under section 3505.181 of the	2257
Revised Code at the polling place in the precinct in which the	2258
registered elector resides, at the office of the board of	2259
elections, or, if pursuant to division (C) of section 3501.10 of	2260
the Revised Code the board has designated another location in the	2261
county at which registered electors may vote, at that other	2262
location instead of the office of the board of elections,	2263
whichever is appropriate, using the address to which that	2264
registered elector has moved or the name of that registered	2265
elector as changed, whichever is appropriate;	2266

(d) Completes and signs, under penalty of election	2267
falsification, a statement attesting that that registered elector	2268
moved or had a change of name, whichever is appropriate, on or	2269
prior to the day of the election, has voted a provisional ballot	2270
at the polling place in the precinct in which that registered	2271
elector resides, at the office of the board of elections, or, if	2272
pursuant to division (C) of section 3501.10 of the Revised Code	2273
the board has designated another location in the county at which	2274
registered electors may vote, at that other location instead of	2275
the office of the board of elections, whichever is appropriate,	2276
and will not vote or attempt to vote at any other location for	2277
that particular election. The statement required under division	2278
(B)(2)(d) of this section shall be included on the notice of	2279
change of residence or change of name, whichever is appropriate,	2280
required under division (B)(2)(b) of this section.	2281

(C) Any registered elector who moves from one county to	2282
another county within the state or moves from one county to	2283
another and changes the name of that registered elector on or	2284
prior to the day of a general, primary, or special election and	2285
has not registered to vote in the county to which that registered	2286
elector moved may vote in that election if that registered elector	2287
complies with division (G) of this section or does all of the	2288
following:	2289

(1) Appears at any time during regular businessthe hours for	2290
casting an absent voter's ballot in person under section 3509.01	2291
of the Revised Code on or after the twenty-eighthsixteenth day	2292
prior to the election in which that registered elector wishes to	2293
vote or, if the election is held on the day of a presidential	2294
primary election, the twenty-fifth day prior to the election,	2295
through noonsix p.m. of the SaturdayFriday prior to the election	2296
at the office of the board of elections or, if pursuant toat	2297
another location designated under division (C) of section 3501.10	2298
of the Revised Code the board has designated another location in	2299
the county at which registered electors may vote, at that other	2300
location instead of the office of the board of elections, appears	2301
during regular business hours on the Monday prior to the election	2302
at the office of the board of elections or, if pursuant to	2303
division (C) of section 3501.10 of the Revised Code the board has	2304
designated another location in the county at which registered	2305
electors may vote, at that other location instead of the office of	2306
the board of elections, or appears on the day of the election at	2307
theeither of the following locations:	2308

(a) The polling place in the precinct in which that elector	2309
resides;	2310

(b) The office of the board of elections or, if pursuant to	2311
division (C) of section 3501.10 of the Revised Code the board has	2312
designated another location in the county at which registered	2313
electors may vote, at that other location instead of the office of	2314
the board of elections;	2315

(2) Completes and signs, under penalty of election	2316
falsification, the written affirmation on the provisional ballot	2317
envelope, which shall serve as a notice of change of residence and	2318
files it with election officials at the board of elections or, if	2319
pursuant to division (C) of section 3501.10 of the Revised Code	2320
the board has designated another location in the county at which	2321
registered electors may vote, at that other location instead of	2322
the office of the board of electionsor change of name, whichever	2323
is appropriate;	2324

(3) Votes a provisional ballot under section 3505.181 of the	2325
Revised Code at the polling place in the precinct in which the	2326
registered elector resides, at the office of the board of	2327
elections, or, if pursuant to division (C) of section 3501.10 of	2328
the Revised Code the board has designated another location in the	2329
county at which registered electors may vote, at that other	2330
location instead of the office of the board of elections, using	2331
the address to which that registered elector has moved or the name	2332
of that registered elector as changed, whichever is appropriate;	2333

(4) Completes and signs, under penalty of election	2334
falsification, a statement attesting that that registered elector	2335
has moved from one county to another county within the state or	2336
moved from one county to another and changed the elector's name,	2337
whichever is appropriate, on or prior to the day of the election,	2338
has voted at the office of the board of elections or, if pursuant	2339
to division (C) of section 3501.10 of the Revised Code the board	2340
has designated another location in the county at which registered	2341
electors may vote, at that other location instead of the office of	2342
the board of elections, and will not vote or attempt to vote at	2343
any other location for that particular election. The statement	2344
required under division (C)(4) of this section shall be included	2345
on the notice of change of residence required under division	2346
(C)(2) of this section.	2347

(D) A person who votes by absent voter's ballots pursuant to	2348
division (G) of this section shall not make written application	2349
for the ballots pursuant to Chapter 3509. of the Revised Code.	2350
Ballots cast pursuant to division (G) of this section shall be set	2351
aside in a special envelope and counted during the official	2352
canvass of votes in the manner provided for in sections 3505.32	2353
and 3509.06 of the Revised Code insofar as that manner is	2354
applicable. The board shall examine the pollbooks to verify that	2355
no ballot was cast at the polls or by absent voter's ballots under	2356
Chapter 3509. or 3511. of the Revised Code by an elector who has	2357
voted by absent voter's ballots pursuant to division (G) of this	2358
section. Any ballot determined to be insufficient for any of the	2359
reasons stated above or stated in section 3509.07 of the Revised	2360
Code shall not be counted.	2361

Subject to division (C) of section 3501.10 of the Revised	2362
Code, a board of elections may lease or otherwise acquire a site	2363
different from the office of the board at which registered	2364
electors may vote pursuant to division (B) or (C) of this section.	2365

(E) Upon receiving a change of residence or change of name	2366
form, the board of elections shall immediately send the registrant	2367
an acknowledgment notice. If the change of residence or change of	2368
name form is valid, the board shall update the voter's	2369
registration as appropriate. If that form is incomplete, the board	2370
shall inform the registrant in the acknowledgment notice specified	2371
in this division of the information necessary to complete or	2372
update that registrant's registration.	2373

(F) Change of residence and change of name forms shall be	2374
available at each polling place, and when these forms are	2375
completed, noting changes of residence or name, as appropriate,	2376
they shall be filed with election officials at the polling place.	2377
Election officials shall return completed forms, together with the	2378
pollbooks and tally sheets, to the board of elections.	2379

The board of elections shall provide change of residence and	2380
change of name forms to the probate court and court of common	2381
pleas. The court shall provide the forms to any person eighteen	2382
years of age or older who has a change of name by order of the	2383
court or who applies for a marriage license. The court shall	2384
forward all completed forms to the board of elections within five	2385
days after receiving them.	2386

(G) A registered elector who otherwise would qualify to vote	2387
under division (B) or (C) of this section but is unable to appear	2388
at the office of the board of elections or, if pursuant to	2389
division (C) of section 3501.10 of the Revised Code the board has	2390
designated another location in the county at which registered	2391
electors may vote, at that other location, on account of personal	2392
illness, physical disability, or infirmity, may vote on the day of	2393
the election if that registered elector does all of the following:	2394

(1) Makes a written application that includes all of the	2395
information required under section 3509.03 of the Revised Code to	2396
the appropriate board for an absent voter's ballot on or after the	2397
twenty-seventhtwenty-first day prior to the election in which the	2398
registered elector wishes to vote through noonsix p.m. of the	2399
SaturdayFriday prior to that election and requests that the	2400
absent voter's ballot be sent to the address to which the	2401
registered elector has moved if the registered elector has moved,	2402
or to the address of that registered elector who has not moved but	2403
has had a change of name;	2404

(2) Declares that the registered elector has moved or had a	2405
change of name, whichever is appropriate, and otherwise is	2406
qualified to vote under the circumstances described in division	2407
(B) or (C) of this section, whichever is appropriate, but that the	2408
registered elector is unable to appear at the board of elections	2409
because of personal illness, physical disability, or infirmity;	2410

(3) Completes and returns along with the completed absent	2411
voter's ballot a notice of change of residence indicating the	2412
address to which the registered elector has moved, or a notice of	2413
change of name, whichever is appropriate;	2414

(4) Completes and signs, under penalty of election	2415
falsification, a statement attesting that the registered elector	2416
has moved or had a change of name on or prior to the day before	2417
the election, has voted by absent voter's ballot because of	2418
personal illness, physical disability, or infirmity that prevented	2419
the registered elector from appearing at the board of elections,	2420
and will not vote or attempt to vote at any other location or by	2421
absent voter's ballot mailed to any other location or address for	2422
that particular election.	2423

Sec. 3503.18. (A)(1) The chief health officer of each	2424
political subdivision and the director of health shall file with	2425
the secretary of state and each board of elections, at least once	2426
each month, the names, social security numbers, dates of birth,	2427
dates of death, and residences of all persons, over eighteen years	2428
of age, who have died within such subdivision or within this state	2429
or another state, respectively, within such month.	2430

(2) The secretary of state and the director of health shall	2431
jointly establish a secure electronic system through which they	2432
shall exchange the information described in division (A)(1) of	2433
this section regarding the death of a registered elector.	2434

(B) At least once each month, each probate judge in this	2435
state shall file with the board of elections the names and	2436
residence addresses of all persons over eighteen years of age who	2437
have been adjudicated incompetent for the purpose of voting, as	2438
provided in section 5122.301 of the Revised Code. At	2439

(C) At least once each month the clerk of the court of common	2440
pleas shall file with the board the names and residence addresses	2441
of all persons who have been convicted during the previous month	2442
of crimes that would disfranchise such persons under existing laws	2443
of the state. Reports of conviction of crimes under the laws of	2444
the United States that would disfranchise an elector and that are	2445
provided to the secretary of state by any United States attorney	2446
shall be forwarded by the secretary of state to the appropriate	2447
board of elections.	2448

(D) Upon receiving a report required by this section, the	2449
board of elections shall promptly cancel the registration of each	2450
elector named in the report shall be promptly canceled by the	2451
secretary of state or the board of elections, as applicable. If a	2452
board of elections receives the report, and the report contains a	2453
residence address of an elector in a county other than the county	2454
in which the board of elections is located, the director shall	2455
promptly send a copy of the report to the appropriate board of	2456
elections, which shall cancel the registration.	2457

Sec. 3503.19.  (A) Persons qualified to register or to change	2458
their registration because of a change of address or change of	2459
name may register or change their registration in person at any	2460
state or local office of a designated agency, at the office of the	2461
registrar or any deputy registrar of motor vehicles, at a public	2462
high school or vocational school, at a public library, at the	2463
office of a county treasurer, or at a branch office established by	2464
the board of elections, or in person, through another person, or	2465
by mail at the office of the secretary of state or at the office	2466
of a board of elections. A registered elector may also change the	2467
elector's registration on election day at any polling place where	2468
the elector is eligible to vote, in the manner provided under	2469
section 3503.16 of the Revised Code.	2470

Any state or local office of a designated agency, the office	2471
of the registrar or any deputy registrar of motor vehicles, a	2472
public high school or vocational school, a public library, or the	2473
office of a county treasurer shall transmit any voter registration	2474
application or change of registration form that it receives to the	2475
board of elections of the county in which the state or local	2476
office is located, within five business days after receiving the	2477
voter registration application or change of registration form.	2478

An otherwise valid voter registration application that is	2479
returned to the appropriate office other than by mail must be	2480
received by a state or local office of a designated agency, the	2481
office of the registrar or any deputy registrar of motor vehicles,	2482
a public high school or vocational school, a public library, the	2483
office of a county treasurer, the office of the secretary of	2484
state, or the office of a board of elections no later than the	2485
thirtieth day preceding a primary, special, or general election	2486
for the person to qualify as an elector eligible to vote at that	2487
election. An otherwise valid registration application received	2488
after that day entitles the elector to vote at all subsequent	2489
elections.	2490

Any state or local office of a designated agency, the office	2491
of the registrar or any deputy registrar of motor vehicles, a	2492
public high school or vocational school, a public library, or the	2493
office of a county treasurer shall date stamp a registration	2494
application or change of name or change of address form it	2495
receives using a date stamp that does not disclose the identity of	2496
the state or local office that receives the registration.	2497

Voter registration applications, if otherwise valid, that are	2498
returned by mail to the office of the secretary of state or to the	2499
office of a board of elections must be postmarked no later than	2500
the thirtieth day preceding a primary, special, or general	2501
election in order for the person to qualify as an elector eligible	2502
to vote at that election. If an otherwise valid voter registration	2503
application that is returned by mail does not bear a postmark or a	2504
legible postmark, the registration shall be valid for that	2505
election if received by the office of the secretary of state or	2506
the office of a board of elections no later than twenty-five days	2507
preceding any special, primary, or general election.	2508

(B)(1) Any person may apply in person, by telephone, by mail,	2509
or through another person for voter registration forms to the	2510
office of the secretary of state or the office of a board of	2511
elections. An individual who is eligible to vote as a uniformed	2512
services voter or an overseas voter in accordance with 42 U.S.C.	2513
1973ff-6 also may apply for voter registration forms by electronic	2514
means to the office of the secretary of state or to the board of	2515
elections of the county in which the person's voting residence is	2516
located pursuant to section 3503.191 of the Revised Code.	2517

(2)(a) An applicant may return the applicant's completed	2518
registration form in person or by mail to any state or local	2519
office of a designated agency, to the state department or any	2520
county department of job and family services, to a public high	2521
school or vocational school, to a public library, to the office of	2522
a county treasurer, to the office of the secretary of state, or to	2523
the office of a board of elections. An applicant who is eligible	2524
to vote as a uniformed services voter or an overseas voter in	2525
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	2526
completed voter registration form electronically to the office of	2527
the secretary of state or to the board of elections of the county	2528
in which the person's voting residence is located pursuant to	2529
section 3503.191 of the Revised Code.	2530

(b) Subject to division (B)(2)(c) of this section, an	2531
applicant may return the applicant's completed registration form	2532
by mail or through another person to any board of elections or the	2533
office of the secretary of state.	2534

(c) A person who receives compensation for registering a	2535
voter shall return any registration form entrusted to that person	2536
by an applicant to any board of elections or to the office of the	2537
secretary of state.	2538

(d) If a board of elections or the office of the secretary of	2539
state receives a registration form under division (B)(2)(b) or (c)	2540
of this section before the thirtieth day before an election, the	2541
board or the office of the secretary of state, as applicable,	2542
shall forward the registration to the board of elections of the	2543
county in which the applicant is seeking to register to vote	2544
within ten days after receiving the application. If a board of	2545
elections or the office of the secretary of state receives a	2546
registration form under division (B)(2)(b) or (c) of this section	2547
on or after the thirtieth day before an election, the board or the	2548
office of the secretary of state, as applicable, shall forward the	2549
registration to the board of elections of the county in which the	2550
applicant is seeking to register to vote within thirty days after	2551
that election.	2552

(C)(1) A board of elections that receives a voter	2553
registration application and is satisfied as to the truth of the	2554
statements made in the registration form shall register the	2555
applicant not later than twenty business days after receiving the	2556
application, unless that application is received during the thirty	2557
days immediately preceding the day of an election. The board shall	2558
promptly notify the applicant in writing of each of the following:	2559

(a) The applicant's registration;

2560

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

2561

(c) In bold type as follows:

2562

"Voters must bring identification to the polls in order to	2563
verify identity. Identification may include a current and valid	2564
photo identification, a military identification, or a copy of a	2565
current utility bill, bank statement, government check, paycheck,	2566
or other government document, other than this notification or a	2567
notification of an election mailed by a board of elections, that	2568
shows the voter's name and current address. Voters who do not	2569
provide one of these documents will still be able to vote by	2570
providing the last four digits of the voter's social security	2571
number and by casting a provisional ballot. Voters who do not have	2572
any of the above forms of identification, including a social	2573
security number, will still be able to vote by signing an	2574
affirmation swearing to the voter's identity under penalty of	2575
election falsification and by casting a provisional ballot."	2576

The notification shall be by nonforwardable mail. If the mail	2577
is returned to the board, it shall investigate and cause the	2578
notification to be delivered to the correct address.	2579

(2) If, after investigating as required under division (C)(1)	2580
of this section, the board is unable to verify the voter's correct	2581
address, it shall cause the voter's name in the official	2582
registration list and in the poll list or signature pollbook to be	2583
marked to indicate that the voter's notification was returned to	2584
the board.	2585

At the first election at which a voter whose name has been so	2586
marked appears to vote, the voter shall be required to provide	2587
identification to the election officials and to vote by	2588
provisional ballot under section 3505.181 of the Revised Code. If	2589
the provisional ballot is counted pursuant to division (B)(3) of	2590
section 3505.183 of the Revised Code, the board shall correct that	2591
voter's registration, if needed, and shall remove the indication	2592
that the voter's notification was returned from that voter's name	2593
on the official registration list and on the poll list or	2594
signature pollbook. If the provisional ballot is not counted	2595
pursuant to division (B)(4)(a)(i),or (v), or (vi) of section	2596
3505.183 of the Revised Code, the voter's registration shall be	2597
canceled. The board shall notify the voter by United States mail	2598
of the cancellation.	2599

(3) If a notice of the disposition of an otherwise valid	2600
registration application is sent by nonforwardable mail and is	2601
returned undelivered, the person shall be registered as provided	2602
in division (C)(2) of this section and sent a confirmation notice	2603
by forwardable mail. If the person fails to respond to the	2604
confirmation notice, update the person's registration, or vote by	2605
provisional ballot as provided in division (C)(2) of this section	2606
in any election during the period of two federal elections	2607
subsequent to the mailing of the confirmation notice, the person's	2608
registration shall be canceled.	2609

Sec. 3503.20. (A) The secretary of state, by rule, shall	2610
establish a secure online process for voter registration. The	2611
rules shall provide for all of the following:	2612

(1) An applicant to submit a voter registration application	2613
to the secretary of state online through the internet;	2614

(2) The online applicant to be registered to vote, if all of	2615
the following apply:	2616

(a) The application contains all of the required information;

2617

(b) The applicant is qualified to register to vote; and

2618

(c) The applicant attests to the truth and accuracy of the	2619
information submitted in the online application under penalty of	2620
election falsification using the applicant's Ohio driver's license	2621
number or the number of the applicant's Ohio identification card	2622
as proof of the applicant's identity.	2623

(B) If an individual registers to vote or a registered	2624
elector updates the elector's name, address, or both under this	2625
section, the secretary of state shall obtain an electronic copy of	2626
the applicant's or elector's signature that is on file with the	2627
bureau of motor vehicles. That electronic signature shall be used	2628
as the applicant's or elector's signature on voter registration	2629
records, for all election and signature-matching purposes.	2630

(C) The secretary of state shall employ whatever security	2631
measures the secretary considers necessary to ensure the integrity	2632
and accuracy of voter registration information submitted	2633
electronically pursuant to this section.	2634

Sec. 3503.21.  (A) The registration of a registered elector	2635
shall be canceled upon the occurrence of any of the following:	2636

(1) The filing by a registered elector of a written request	2637
with a board of elections, on a form prescribed by the secretary	2638
of state and signed by the elector, that the registration be	2639
canceled. The filing of such a request does not prohibit an	2640
otherwise qualified elector from reregistering to vote at any	2641
time.	2642

(2) The filing of a notice of the death of a registered	2643
elector as provided in section 3503.18 of the Revised Code;	2644

(3) The filing with the board of elections of a certified	2645
copy of the death certificate of a registered elector by the	2646
deceased elector's spouse, parent, or child, by the administrator	2647
of the deceased elector's estate, or by the executor of the	2648
deceased elector's will;	2649

(4) The conviction of the registered elector of a felony	2650
under the laws of this state, any other state, or the United	2651
States as provided in section 2961.01 of the Revised Code;	2652

(3)(5) The adjudication of incompetency of the registered	2653
elector for the purpose of voting as provided in section 5122.301	2654
of the Revised Code;	2655

(5)(6) The change of residence of the registered elector to a	2656
location outside the county of registration in accordance with	2657
division (B) of this section;	2658

(6)(7) The failure of the registered elector, after having	2659
been mailed a confirmation notice, to do either of the following:	2660

(a) Respond to such a notice and vote at least once during a	2661
period of four consecutive years, which period shall include two	2662
general federal elections;	2663

(b) Update the elector's registration and vote at least once	2664
during a period of four consecutive years, which period shall	2665
include two general federal elections.	2666

(B)(1) The secretary of state shall prescribe procedures to	2667
identify and cancel the registration in a prior county of	2668
residence of any registrant who changes the registrant's voting	2669
residence to a location outside the registrant's current county of	2670
registration. Any procedures prescribed in this division shall be	2671
uniform and nondiscriminatory, and shall comply with the Voting	2672
Rights Act of 1965. The secretary of state may prescribe	2673
procedures under this division that include the use of the	2674
national change of address service provided by the United States	2675
postal system through its licensees. Any program so prescribed	2676
shall be completed not later than ninety days prior to the date of	2677
any primary or general election for federal office.	2678

(2) The registration of any elector identified as having	2679
changed the elector's voting residence to a location outside the	2680
elector's current county of registration shall not be canceled	2681
unless the registrant is sent a confirmation notice on a form	2682
prescribed by the secretary of state and the registrant fails to	2683
respond to the confirmation notice or otherwise update the	2684
registration and fails to vote in any election during the period	2685
of two federal elections subsequent to the mailing of the	2686
confirmation notice.	2687

(C) The registration of a registered elector shall not be	2688
canceled except as provided in this section, division (Q)(A)(16)	2689
of section 3501.05 of the Revised Code, division (C)(2) of section	2690
3503.19 of the Revised Code, or division (C) of section 3503.24 of	2691
the Revised Code.	2692

(D) Boards of elections shall send their voter registration	2693
information to the secretary of state as required under section	2694
3503.15 of the Revised Code. In the first quarter of each	2695
odd-numbered year, the secretary of state shall send the	2696
information to the national change of address service described in	2697
division (B) of this section and request that service to provide	2698
the secretary of state with a list of any voters sent by the	2699
secretary of state who have moved within the last thirty-six	2700
months. The secretary of state shall transmit to each appropriate	2701
board of elections whatever lists the secretary of state receives	2702
from that service. The board shall send a notice to each person on	2703
the list transmitted by the secretary of state requesting	2704
confirmation of the person's change of address, together with a	2705
postage prepaid, preaddressed return envelope containing a form on	2706
which the voter may verify or correct the change of address	2707
information.	2708

(E) The registration of a registered elector described in	2709
division (A)(6)(7) or (B)(2) of this section shall be canceled not	2710
later than one hundred twenty days after the date of the second	2711
general federal election in which the elector fails to vote or not	2712
later than one hundred twenty days after the expiration of the	2713
four-year period in which the elector fails to vote or respond to	2714
a confirmation notice, whichever is later.	2715

Sec. 3503.26.  (A) All registration forms and lists, when not	2716
in official use by the registrars or judges of electionsprecinct	2717
election officials, shall be in the possession of the board of	2718
elections. Names and addresses of electors may be copied from the	2719
registration lists only in the office of the board when it is open	2720
for business; but no such copying shall be permitted during the	2721
period of time commencing twenty-one days before an election and	2722
ending on the eleventh day after an election if such copying will,	2723
in the opinion of the board, interfere with the necessary work of	2724
the board. The board shall keep in convenient form and available	2725
for public inspection a correct set of the registration lists of	2726
all precincts in the county.	2727

(B) Notwithstanding division (A) of this section, the board	2728
of elections shall maintain and make available for public	2729
inspection and copying at a reasonable cost all records concerning	2730
the implementation of programs and activities conducted for the	2731
purpose of ensuring the accuracy and currency of voter	2732
registration lists, including the names and addresses of all	2733
registered electors sent confirmation notices and whether or not	2734
the elector responded to the confirmation notice. The board shall	2735
maintain all records described in this division for a period of	2736
two years.	2737

Sec. 3503.28.  (A) The secretary of state shall develop an	2738
information brochure regarding voter registration. The brochure	2739
shall include, but is not limited to, all of the following	2740
information:	2741

(1) The applicable deadlines for registering to vote or for	2742
returning an applicant's completed registration form;	2743

(2) The applicable deadline for returning an applicant's	2744
completed registration form if the person returning the form is	2745
being compensated for registering voters;	2746

(3) The locations to which a person may return an applicant's	2747
completed registration form;	2748

(4) The location to which a person who is compensated for	2749
registering voters may return an applicant's completed	2750
registration form;	2751

(5) The registration and affirmation requirements applicable	2752
to persons who are compensated for registering voters under	2753
section 3503.29 of the Revised Code;	2754

(6) A notice, which shall be written in bold type, stating as	2755
follows:	2756

"Voters must bring identification to the polls in order to	2757
verify identity. Identification may include a current and valid	2758
photo identification, a military identification, or a copy of a	2759
current utility bill, bank statement, government check, paycheck,	2760
or other government document, other than a notice of an election	2761
or a voter registration notification sent by a board of elections,	2762
that shows the voter's name and current address. Voters who do not	2763
provide one of these documents will still be able to vote by	2764
providing the last four digits of the voter's social security	2765
number and by casting a provisional ballot. Voters who do not have	2766
any of the above forms of identification, including a social	2767
security number, will still be able to vote by signing an	2768
affirmation swearing to the voter's identity under penalty of	2769
election falsification and by casting a provisional ballot."	2770

(B) Except as otherwise provided in division (D) of this	2771
section, a board of elections, designated agency, public high	2772
school, public vocational school, public library, office of a	2773
county treasurer, or deputy registrar of motor vehicles shall	2774
distribute a copy of the brochure developed under division (A) of	2775
this section to any person who requests more than two voter	2776
registration forms at one time.	2777

(C)(1) The secretary of state shall provide the information	2778
required to be included in the brochure developed under division	2779
(A) of this section to any person who prints a voter registration	2780
form that is made available on a web site of the office of the	2781
secretary of state.	2782

(2) If a board of elections operates and maintains a web	2783
site, the board shall provide the information required to be	2784
included in the brochure developed under division (A) of this	2785
section to any person who prints a voter registration form that is	2786
made available on that web site.	2787

(D) A board of elections shall not be required to distribute	2788
a copy of a brochure under division (B) of this section to any of	2789
the following officials or employees who are requesting more than	2790
two voter registration forms at one time in the course of the	2791
official's or employee's normal duties:	2792

(1) An election official;

2793

(2) A county treasurer;

2794

(3) A deputy registrar of motor vehicles;

2795

(4) An employee of a designated agency;

2796

(5) An employee of a public high school;

2797

(6) An employee of a public vocational school;

2798

(7) An employee of a public library;

2799

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

2800

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

2801

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

2802

(11) An employee of an election official.

2803

(E)(C) As used in this section, "registering voters" includes	2804
any effort, for compensation, to provide voter registration forms	2805
or to assist persons in completing or returning those forms.	2806

Sec. 3505.05. At any time prior to the seventieth day before	2807
the day of an election at which a question or issue, other than a	2808
statewide question or issue, is certified to appear on the ballot,	2809
the political subdivision, taxing authority, or other entity that	2810
placed the issue on the ballot may remove that issue from the	2811
ballot using the same process that the entity used to originally	2812
certify the issue for placement on the ballot.	2813

Upon receipt of a notification that a question or issue has	2814
been withdrawn, the board of elections shall remove that question	2815
or issue from the ballot.	2816

Sec. 3505.11.  (A) The ballots, with the stubs attached,	2817
shall be bound into tablets for each precinct, which tablets shall	2818
contain at least one per cent more ballots than the total	2819
registration in the precinct, except as otherwise provided in	2820
division (B) of this section. Upon the covers of the tablets shall	2821
be written, printed, or stamped the designation of the precinct	2822
for which the ballots have been prepared. All official ballots	2823
shall be printed uniformly upon the same kind and quality of paper	2824
and shall be of the same shape, size, and type.	2825

Electors who have failed to respond within thirty days to any	2826
confirmation notice shall not be counted in determining the number	2827
of ballots to be printed under this section.	2828

(B)(1) A board of elections may choose to provide ballots on	2829
demand. If a board so chooses, the board shall have prepared for	2830
each precinct at least five per cent more ballots for an election	2831
than the number specified below for that kind of election:	2832

(a) For a primary election or a special election held on the	2833
day of a primary election, the total number of electors in that	2834
precinct who voted in the primary election held four years	2835
previously or, if no primary election was held four years	2836
previously, the total number of electors in that precinct who	2837
voted in a similarly situated primary, as determined by the board;	2838

(b) For a general election or a special election held on the	2839
day of a general election, the total number of electors in that	2840
precinct who voted in the general election held four years	2841
previously;	2842

(c) For a special election held at any time other than on the	2843
day of a primary or general election, the total number of electors	2844
in that precinct who voted in the most recent primary or general	2845
election, whichever of those elections occurred in the precinct	2846
most recently.	2847

(2) If, after the board complies with the requirements of	2848
division (B)(1) of this section, the election officials of a	2849
precinct determine that the precinct will not have enough ballots	2850
to enable all the qualified electors in the precinct who wish to	2851
vote at a particular election to do so, the officials shall	2852
request that the board provide additional ballots, and the board	2853
shall provide enough additional ballots, to that precinct in a	2854
timely manner so that all qualified electors in that precinct who	2855
wish to vote at that election may do so.	2856

Sec. 3505.17.  If by accident or casualty the ballots or	2857
other required papers, lists, or supplies are lost or destroyed,	2858
or in case none are delivered at the polling place, or if during	2859
the time the polls are open additional ballots or supplies are	2860
required, the board of elections, upon requisition by telephone or	2861
in writing and signed by a majority of the precinct election	2862
judgesofficials of the precinct stating why such additional	2863
supplies are needed, shall supply them as speedily as possible.	2864

Sec. 3505.18. (A)(1) When an elector appears in a polling	2865
place to vote, the elector shall announce to the precinct election	2866
officials the elector's full name and current address and provide	2867
proof of the elector's identity in the form of a current and valid	2868
photo identification, a military identification, or a copy of a	2869
current utility bill, bank statement, government check, paycheck,	2870
or other government document, other than a notice of an election	2871
mailed by a board of elections under section 3501.19 of the	2872
Revised Code or a notice of voter registration mailed by a board	2873
of elections under section 3503.19 of the Revised Code, that shows	2874
the name and current address of the elector. If the elector	2875
provides either a driver's license or a state identification card	2876
issued under section 4507.50 of the Revised Code that does not	2877
contain the elector's current residence address, the elector shall	2878
provide the last four digits of the elector's driver's license	2879
number or state identification card number, and the precinct	2880
election official shall mark the poll list or signature pollbook	2881
to indicate that the elector has provided a driver's license or	2882
state identification card number with a former address and record	2883
the last four digits of the elector's driver's license number or	2884
state identification card number.	2885

(2) If an elector has but is unable to provide to the	2886
precinct election officials any of the forms of identification	2887
required under division (A)(1) of this section, but has a social	2888
security number, the elector may provide the last four digits of	2889
the elector's social security number. Upon providing the social	2890
security number information, the elector may cast a provisional	2891
ballot under section 3505.181 of the Revised Code, the envelope of	2892
which ballot shall include that social security number	2893
information.	2894

(3) If an elector has but is unable to provide to the	2895
precinct election officials any of the forms of identification	2896
required under division (A)(1) of this section and if the elector	2897
has a social security number but is unable to provide the last	2898
four digits of the elector's social security number, the elector	2899
may cast a provisional ballot under section 3505.181 of the	2900
Revised Code.	2901

(4) If an elector does not have any of the forms of	2902
identification required under division (A)(1) of this section and	2903
cannot provide the last four digits of the elector's social	2904
security number because the elector does not have a social	2905
security number, the elector may execute an affirmation under	2906
penalty of election falsification that the elector cannot provide	2907
the identification required under that division or the last four	2908
digits of the elector's social security number for those reasons	2909
that reason. Upon signing the affirmation, the elector may cast a	2910
provisional ballot under section 3505.181 of the Revised Code. The	2911
secretary of state shall prescribe the form of the affirmation,	2912
which shall include spaces for the elector to complete all of the	2913
following:	2914

(a) The elector's name;

2915

(b) The elector's address;

2916

(c) The current dateelector's social security number, Ohio	2917
driver's license number, or state identification card number;	2918

(d) The elector's date of birth;

2919

(e) The elector's signature.

2920

(5)(4) If an elector does not have any of the forms of	2921
identification required under division (A)(1) of this section and	2922
cannot provide the last four digits of the elector's social	2923
security number because the elector does not have a social	2924
security number, and if the elector declines to execute an	2925
affirmation under division (A)(4)(3) of this section, the elector	2926
may cast a provisional ballot under section 3505.181 of the	2927
Revised Code, the envelope of which ballot shall include the	2928
elector's namebut the ballot will not be counted.	2929

(6) If an elector has but declines to provide to the precinct	2930
election officials any of the forms of identification required	2931
under division (A)(1) of this section or the elector has a social	2932
security number but declines to provide to the precinct election	2933
officials the last four digits of the elector's social security	2934
number, the elector may cast a provisional ballot under section	2935
3505.181 of the Revised Code.	2936

(B) After the elector has announced the elector's full name	2937
and current address and provided any of the forms of	2938
identification required under division (A)(1) of this section, the	2939
elector shall write the elector's name and addresssignature at	2940
the proper place in the poll list or signature pollbook provided	2941
for the purpose, except that if, for any reason, an elector is	2942
unable to write the elector's name and current addresssignature	2943
in the poll list or signature pollbook, the elector may make the	2944
elector's mark at the place intended for the elector's name	2945
signature, and a precinct election official shall write the name	2946
of the elector at the proper place on the poll list or signature	2947
pollbook following the elector's mark. The making of such a mark	2948
shall be attested by the precinct election official, who shall	2949
evidence the same by signing the precinct election official's name	2950
on the poll list or signature pollbook as a witness to the mark.	2951
Alternatively, if applicable, an attorney in fact acting pursuant	2952
to section 3501.382 of the Revised Code may sign the elector's	2953
signature in the poll list or signature pollbook in accordance	2954
with that section.	2955

The elector's signature in the poll list or signature	2956
pollbook then shall be compared with the elector's signature on	2957
the elector's registration form or a digitized signature list as	2958
provided for in section 3503.13 of the Revised Code, and if, in	2959
the opinion of a majority of the precinct election officials, the	2960
signatures are the signatures of the same person, the election	2961
officials shall enter the date of the election on the registration	2962
form or shall record the date by other means prescribed by the	2963
secretary of state. The validity of an attorney in fact's	2964
signature on behalf of an elector shall be determined in	2965
accordance with section 3501.382 of the Revised Code.	2966

If the right of the elector to vote is not then challenged,	2967
or, if being challenged, the elector establishes the elector's	2968
right to vote, the elector shall be allowed to proceed to use the	2969
voting machine. If voting machines are not being used in that	2970
precinct, the judge in charge of ballots shall then detach the	2971
next ballots to be issued to the elector from Stub B attached to	2972
each ballot, leaving Stub A attached to each ballot, hand the	2973
ballots to the elector, and call the elector's name and the stub	2974
number on each of the ballots. The judge shall enter the stub	2975
numbers opposite the signature of the elector in the pollbook. The	2976
elector shall then retire to one of the voting compartments to	2977
mark the elector's ballots. No mark shall be made on any ballot	2978
which would in any way enable any person to identify the person	2979
who voted the ballot.	2980

Sec. 3505.181.  (A) All of the following individuals shall be	2981
permitted to cast a provisional ballot at an election:	2982

(1) An individual who declares that the individual is a	2983
registered voter in the jurisdiction in which the individual	2984
desires to vote and that the individual is eligible to vote in an	2985
election, but the name of the individual does not appear on the	2986
official list of eligible voters for the polling place or an	2987
election official asserts that the individual is not eligible to	2988
vote;	2989

(2) An individual who has a social security number and	2990
provides to the election officials the last four digits of the	2991
individual's social security number as permitted by division	2992
(A)(2) of section 3505.18 of the Revised Code;	2993

(3) An individual who has but is unable to provide to the	2994
election officials any of the forms of identification required	2995
under division (A)(1) of section 3505.18 of the Revised Code and	2996
who has a social security number but is unable to provide the last	2997
four digits of the individual's social security number as	2998
permitted under division (A)(2) of that section;	2999

(4)(3) An individual who does not have any of the forms of	3000
identification required under division (A)(1) of section 3505.18	3001
of the Revised Code, who cannot provide the last four digits of	3002
the individual's social security number under division (A)(2) of	3003
that section because the individual does not have a social	3004
security number, and who has executedexecutes an affirmation as	3005
permittedunder division (A)(3) of that section or declines to	3006
execute an affirmation under division (A)(4) of that section;	3007

(5)(4) An individual whose name in the poll list or signature	3008
pollbook has been marked under section 3509.09 or 3511.13 of the	3009
Revised Code as having requested an absent voter's ballot or an	3010
armed servicea uniformed services or overseas absent voter's	3011
ballot for that election and who appears to vote at the polling	3012
place;	3013

(6)(5) An individual whose notification of registration has	3014
been returned undelivered to the board of elections and whose name	3015
in the official registration list and in the poll list or	3016
signature pollbook has been marked under division (C)(2) of	3017
section 3503.19 of the Revised Code;	3018

(7)(6) An individual who is challenged under section 3505.20	3019
of the Revised Code and the election officials determine that the	3020
person is ineligible to vote or are unable to determine the	3021
person's eligibility to vote;	3022

(8)(7) An individual whose application or challenge hearing	3023
has been postponed until after the day of the election under	3024
division (D)(1) of section 3503.24 of the Revised Code;	3025

(9)(8) An individual who changes the individual's name and	3026
remains within the precinct, moves from one precinct to another	3027
within a county, moves from one precinct to another and changes	3028
the individual's name, or moves from one county to another within	3029
the state, or moves from one county to another and changes the	3030
individual's name and completes and signs the required forms and	3031
statements under division (B) or (C) of section 3503.16 of the	3032
Revised Code;	3033

(10)(9) An individual whose signature, in the opinion of the	3034
precinct officers under section 3505.22 of the Revised Code, is	3035
not that of the person who signed that name in the registration	3036
forms;	3037

(11)(10) An individual who is challenged under section	3038
3513.20 of the Revised Code who refuses to make the statement	3039
required under that section, who a majority of the precinct	3040
officials find lacks any of the qualifications to make the	3041
individual a qualified elector, or who a majority of the precinct	3042
officials find is not affiliated with or a member of the political	3043
party whose ballot the individual desires to vote;	3044

(12) An individual who does not have any of the forms of	3045
identification required under division (A)(1) of section 3505.18	3046
of the Revised Code, who cannot provide the last four digits of	3047
the individual's social security number under division (A)(2) of	3048
that section because the person does not have a social security	3049
number, and who declines to execute an affirmation as permitted	3050
under division (A)(4) of that section;	3051

(13) An individual who has but declines to provide to the	3052
precinct election officials any of the forms of identification	3053
required under division (A)(1) of section 3501.18 of the Revised	3054
Code or who has a social security number but declines to provide	3055
to the precinct election officials the last four digits of the	3056
individual's social security number(11) An individual who is	3057
casting a ballot after the time for the closing of the polls under	3058
section 3501.32 of the Revised Code pursuant to a court order	3059
extending the time for the closing of the polls.	3060

(B) An individual who is eligible to cast a provisional	3061
ballot under division (A) of this section shall be permitted to	3062
cast a provisional ballot as follows:	3063

(1) An election official at the polling place shall notify	3064
the individual that the individual may cast a provisional ballot	3065
in that election.	3066

(2) The individual shall be permitted to cast a provisional	3067
ballot at that polling place upon the execution of a written	3068
affirmation by the individual before an election official at the	3069
polling place stating that the individual is both of the	3070
following:	3071

(a) A registered voter in the jurisdiction in which the	3072
individual desires to vote;	3073

(b) Eligible to vote in that election.

3074

If the individual declines to execute the affirmation, the	3075
election official shall not record any of the information required	3076
to be provided by the individual on the affirmation. The election	3077
official shall explain to the individual that the provisional	3078
ballot will not be counted.	3079

(3) An election official at the polling place shall transmit	3080
the ballot cast by the individual,and the voter information	3081
contained in the written affirmation executed by the individual	3082
under division (B)(2) of this section, or the individual's name if	3083
the individual declines to execute such an affirmation to an	3084
appropriate local election official for verification under	3085
division (B)(4) of this section.	3086

(4) If the appropriate local election official to whom the	3087
ballot or voter or address information is transmitted under	3088
division (B)(3) of this section determines that the individual is	3089
eligible to vote, the individual's provisional ballot shall be	3090
counted as a vote in that election.	3091

(5)(a) At the time that an individual casts a provisional	3092
ballot, the appropriate local election official shall give the	3093
individual written information that states that any individual who	3094
casts a provisional ballot will be able to ascertain under the	3095
system established under division (B)(5)(4)(b) of this section	3096
whether the vote was counted, and, if the vote was not counted,	3097
the reason that the vote was not counted.	3098

(b) The appropriate state or local election official shall	3099
establish a free access system, in the form of a toll-free	3100
telephone number, that any individual who casts a provisional	3101
ballot may access to discover whether the vote of that individual	3102
was counted, and, if the vote was not counted, the reason that the	3103
vote was not counted. The free access system established under	3104
this division also shall provide to an individual whose	3105
provisional ballot was not counted information explaining how that	3106
individual may contact the board of elections to register to vote	3107
or to resolve problems with the individual's voter registration.	3108

The appropriate state or local election official shall	3109
establish and maintain reasonable procedures necessary to protect	3110
the security, confidentiality, and integrity of personal	3111
information collected, stored, or otherwise used by the free	3112
access system established under this division. Access to	3113
information about an individual ballot shall be restricted to the	3114
individual who cast the ballot.	3115

(6) If, at the time that an individual casts a provisional	3116
ballot, the individual provides identification in the form of a	3117
current and valid photo identification, a military identification,	3118
or a copy of a current utility bill, bank statement, government	3119
check, paycheck, or other government document, other than a notice	3120
of an election mailed by a board of elections under section	3121
3501.19 of the Revised Code or a notice of voter registration	3122
mailed by a board of elections under section 3503.19 of the	3123
Revised Code, that shows the individual's name and current	3124
address, or provides the last four digits of the individual's	3125
social security number, or executes an affirmation that the	3126
elector does not have any of those forms of identification or the	3127
last four digits of the individual's social security number	3128
because the individual does not have a social security number, or	3129
declines to execute such an affirmation, the appropriate local	3130
election official shall record the type of identification	3131
provided, the social security number information, the fact that	3132
the affirmation was executed, or the fact that the individual	3133
declined to execute such an affirmation and include that	3134
information with the transmission of the ballot or voter or	3135
address information under division (B)(3) of this section. If the	3136
individual declines to execute such an affirmation, the	3137
appropriate local election official shall record the individual's	3138
name and include that information with the transmission of the	3139
ballot under division (B)(3) of this section.	3140

(7)(5) If an individual casts a provisional ballot pursuant	3141
to division (A)(3), (7), (8), (12), or (13)(7) of this section,	3142
the election official shall indicate, on the provisional ballot	3143
verification statement required under section 3505.182 of the	3144
Revised Code, that the individual is required to provide	3145
additional information to the board of elections or that an	3146
application or challenge hearing has been postponed with respect	3147
to the individual, such that additional information is required	3148
for the board of elections to determine the eligibility of the	3149
individual who cast the provisional ballot.	3150

(8) During the ten days after the day of an election, an	3151
individual who casts a provisional ballot pursuant to division	3152
(A)(3), (7), (12), or (13) of this section shall appear at the	3153
office of the board of elections and provide to the board any	3154
additional information necessary to determine the eligibility of	3155
the individual who cast the provisional ballot.	3156

(a) For a provisional ballot cast pursuant to division	3157
(A)(3), (12), or (13) of this section to be eligible to be	3158
counted, the individual who cast that ballot, within ten days	3159
after the day of the election, shall do any of the following:	3160

(i) Provide to the board of elections proof of the	3161
individual's identity in the form of a current and valid photo	3162
identification, a military identification, or a copy of a current	3163
utility bill, bank statement, government check, paycheck, or other	3164
government document, other than a notice of an election mailed by	3165
a board of elections under section 3501.19 of the Revised Code or	3166
a notice of voter registration mailed by a board of elections	3167
under section 3503.19 of the Revised Code, that shows the	3168
individual's name and current address;	3169

(ii) Provide to the board of elections the last four digits	3170
of the individual's social security number;	3171

(iii) In the case of a provisional ballot executed pursuant	3172
to division (A)(12) of this section, execute an affirmation as	3173
permitted under division (A)(4) of section 3505.18 of the Revised	3174
Code.	3175

(b) For a provisional ballot cast pursuant to division (A)(7)	3176
of this section to be eligible to be counted, the individual who	3177
cast that ballot, within ten days after the day of that election,	3178
shall provide to the board of elections any identification or	3179
other documentation required to be provided by the applicable	3180
challenge questions asked of that individual under section 3505.20	3181
of the Revised Code.	3182

(C)(1) If an individual declares that the individual is	3183
eligible to vote in a jurisdiction other than the jurisdiction in	3184
which the individual desires to vote, or if, upon review of the	3185
precinct voting location guide using the residential street	3186
address provided by the individual, an election official at the	3187
polling place at which the individual desires to vote determines	3188
that the individual is not eligible to vote in that jurisdiction,	3189
the election official shall direct the individual to the polling	3190
place for the jurisdiction in which the individual appears to be	3191
eligible to vote, explain that the individual may cast a	3192
provisional ballot at the current location but the ballot will not	3193
be counted if it is cast in the wrong precinct, and provide the	3194
telephone number of the board of elections in case the individual	3195
has additional questions.	3196

(2) If the individual refuses to travel to the polling place	3197
for the correct jurisdiction or to the office of the board of	3198
elections to cast a ballot, the individual shall be permitted to	3199
vote a provisional ballot at that jurisdiction in accordance with	3200
division (B) of this section. If any of the following apply, the	3201
provisional ballot cast by that individual shall not be opened or	3202
counted:	3203

(a) The individual is not properly registered in that	3204
jurisdiction.	3205

(b) The individual is not eligible to vote in that election	3206
in that jurisdiction.	3207

(c) The individual's eligibility to vote in that jurisdiction	3208
in that election cannot be established upon examination of the	3209
records on file with the board of elections.	3210

(D) The appropriate local election official shall cause	3211
voting information to be publicly posted at each polling place on	3212
the day of each election.	3213

(E) As used in this section and sections 3505.182 and	3214
3505.183 of the Revised Code:	3215

(1) "Jurisdiction" means the precinct in which a person is a	3216
legally qualified elector.	3217

(2) "Precinct voting location guide" means either of the	3218
following:	3219

(a) An electronic or paper record that lists the correct	3220
jurisdiction and polling place for either each specific	3221
residential street address in the county or the range of	3222
residential street addresses located in each neighborhood block in	3223
the county;	3224

(b) Any other method that a board of elections creates that	3225
allows a precinct election official or any elector who is at a	3226
polling place in that county to determine the correct jurisdiction	3227
and polling place of any qualified elector who resides in the	3228
county.	3229

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

3230

(a) A sample version of the ballot that will be used for that	3231
election;	3232

(b) Information regarding the date of the election and the	3233
hours during which polling places will be open;	3234

(c) Instructions on how to vote, including how to cast a vote	3235
and how to cast a provisional ballot;	3236

(d) Instructions for mail-in registrants and first-time	3237
voters under applicable federal and state laws;	3238

(e) General information on voting rights under applicable	3239
federal and state laws, including information on the right of an	3240
individual to cast a provisional ballot and instructions on how to	3241
contact the appropriate officials if these rights are alleged to	3242
have been violated;	3243

(f) General information on federal and state laws regarding	3244
prohibitions against acts of fraud and misrepresentation.	3245

Sec. 3505.182.  Each individual who casts a provisional	3246
ballot under section 3505.181 of the Revised Code shall execute a	3247
written affirmation. The secretary of state shall prescribe the	3248
form of the written affirmation, which shall be printed upon the	3249
face of the provisional ballot envelope and shall be substantially	3250
as follows:	3251

"Provisional Ballot Affirmation	3252

STATE OF OHIO	3253

I, .................... (Name of provisional voter), solemnly	3254
swear or affirm that I am a registered voter in the jurisdiction	3255
in which I am voting this provisional ballot and that I am	3256
eligible to vote in the election in which I am voting this	3257
provisional ballot.	3258

I understand that, if the above-provided information is not	3259
fully completed and correct, if the board of elections determines	3260
that I am not registered to vote, a resident of this precinct, or	3261
eligible to vote in this election, or if the board of elections	3262
determines that I have already voted in this election, my	3263
provisional ballot will not be counted. I further understand that	3264
knowingly providing false information is a violation of law and	3265
subjects me to possible criminal prosecution.	3266

I hereby declare, under penalty of election falsification,	3267
that the above statements are true and correct to the best of my	3268
knowledge and belief.	3269

			3270
	(Signature of Voter)		3271
			3272
	(Voter's date of birth)		3273

	The last four digits of the voter's social security number		3274
			3275
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		3276

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3277
OF THE FIFTH DEGREE.	3278

Additional Information For Determining Ballot Validity	3279

(May be completed at voter's discretion)	3280

Voter's current address:				3281
Voter's former address if photo identification does not contain voter's current address				3282
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number				3283
(Please circle number type)				3284
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				3285
Reason for voting provisional ballot (Check one):				3286
..... Requested, but did not receive, absent voter's ballot				3287
..... Other				3288

Verification Statement	3289

(To be completed by election official)	3290

The Provisional Ballot Affirmation printed above was	3291
subscribed and affirmed before me this .......... day of	3292
.......... (Month), .......... (Year).	3293

(If applicable, the election official must check the	3294
following true statement concerning additional information needed	3295
to determine the eligibility of the provisional voter.)	3296

...... The provisional voter is required to provide	3297
additional information to the board of elections.	3298

...... An application or challenge hearing regarding this	3299
voter has been postponed until after the election.	3300

(The election official must check the following true	3301
statement concerning identification provided by the provisional	3302
voter, if any.)	3303

...... The provisional voter provided a current and valid	3304
photo identification.	3305

...... The provisional voter provided a current valid photo	3306
identification, other than a driver's license or a state	3307
identification card, with the voter's former address instead of	3308
current address and has provided the election official both the	3309
current and former addresses.	3310

...... The provisional voter provided a military	3311
identification or a copy of a current utility bill, bank	3312
statement, government check, paycheck, or other government	3313
document, other than a notice of an election mailed by a board of	3314
elections under section 3501.19 of the Revised Code or a notice of	3315
voter registration mailed by a board of elections under section	3316
3503.19 of the Revised Code, with the voter's name and current	3317
address.	3318

...... The provisional voter provided the last four digits of	3319
the voter's social security number.	3320

...... The provisional voter is not able to provide a current	3321
and valid photo identification, a military identification, or a	3322
copy of a current utility bill, bank statement, government check,	3323
paycheck, or other government document, other than a notice of an	3324
election mailed by a board of elections under section 3501.19 of	3325
the Revised Code or a notice of voter registration mailed by a	3326
board of elections under section 3503.19 of the Revised Code, with	3327
the voter's name and current address but does have one of these	3328
forms of identification. The provisional voter must provide one of	3329
the foregoing items of identification to the board of elections	3330
within ten days after the election.	3331

..... The provisional voter is not able to provide a current	3332
and valid photo identification, a military identification, or a	3333
copy of a current utility bill, bank statement, government check,	3334
paycheck, or other government document, other than a notice of an	3335
election mailed by a board of elections under section 3501.19 of	3336
the Revised Code or a notice of voter registration mailed by a	3337
board of elections under section 3503.19 of the Revised Code, with	3338
the voter's name and current address but does have one of these	3339
forms of identification. Additionally, the provisional voter does	3340
have a social security number but is not able to provide the last	3341
four digits of the voter's social security number before voting.	3342
The provisional voter must provide one of the foregoing items of	3343
identification or the last four digits of the voter's social	3344
security number to the board of elections within ten days after	3345
the election.	3346

..... The provisional voter does not have a current and valid	3347
photo identification, a military identification, a copy of a	3348
current utility bill, bank statement, government check, paycheck,	3349
or other government document with the voter's name and current	3350
address, or a social security number, but has executed an	3351
affirmation.	3352

..... The provisional voter does not have a current and valid	3353
photo identification, a military identification, a copy of a	3354
current utility bill, bank statement, government check, paycheck,	3355
or other government document with the voter's name and current	3356
address, or a social security number, and has declined to execute	3357
an affirmation.	3358

..... The provisional voter declined to provide a current and	3359
valid photo identification, a military identification, a copy of a	3360
current utility bill, bank statement, government check, paycheck,	3361
or other government document with the voter's name and current	3362
address, or the last four digits of the voter's social security	3363
number but does have one of these forms of identification or a	3364
social security number. The provisional voter must provide one of	3365
the foregoing items of identification or the last four digits of	3366
the voter's social security number to the board of elections	3367
within ten days after the election.	3368

			3369
	(Signature of Election Official)"		3370

In addition to any information required to be included on the	3371
written affirmation, an individual casting a provisional ballot	3372
may provide additional information to the election official to	3373
assist the board of elections in determining the individual's	3374
eligibility to vote in that election, including the date and	3375
location at which the individual registered to vote, if known.	3376

If the individual declines to execute the affirmation, an	3377
appropriate local election official shall comply with division	3378
(B)(6) of section 3505.181 of the Revised Code.	3379

Sec. 3505.183.  (A) When the ballot boxes are delivered to	3380
the board of elections from the precincts, the board shall	3381
separate the provisional ballot envelopes from the rest of the	3382
ballots. Teams of employees of the board consisting of one member	3383
of each major political party shall place the sealed provisional	3384
ballot envelopes in a secure location within the office of the	3385
board. The sealed provisional ballot envelopes shall remain in	3386
that secure location until the validity of those ballots is	3387
determined under division (B) of this section. While the	3388
provisional ballot is stored in that secure location, and prior to	3389
the counting of the provisional ballots, if the board receives	3390
information regarding the validity of a specific provisional	3391
ballot under division (B) of this section, the board may note, on	3392
the sealed provisional ballot envelope for that ballot, whether	3393
the ballot is valid and entitled to be counted.	3394

(B)(1) To determine whether a provisional ballot is valid and	3395
entitled to be counted, the board shall examine itsthe	3396
affirmation executed by the provisional voter, the statewide voter	3397
registration database, and other records maintained by the board	3398
of elections and determine whether the individual who cast the	3399
provisional ballot is registered and eligible to vote in the	3400
applicable election. The board shall examine the information	3401
contained in the written affirmation executed by the individual	3402
who cast the provisional ballot under division (B)(2) of section	3403
3505.181 of the Revised Code. If the individual declines to	3404
execute such an affirmation, the individual's name, written by	3405
either the individual or the election official at the direction of	3406
the individual, shall be included in a written affirmation in	3407
order for the provisional ballot to be eligible to be counted;	3408
otherwise, theThe following information shall be included by the	3409
provisional voter in the written affirmation in order for the	3410
provisional ballot to be eligible to be counted:	3411

(a) The individual's printed name and;

3412

(b) The individual's signature;

3413

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

3414

(d) The individual's social security number, driver's license	3415
number, or state identification card number, or an affirmation	3416
notation that the individual provided the required identification	3417
under division (A)(1) of section 3505.18 of the Revised Code;	3418

(e) The individual's residence address;

3419

(f) A statement that the individual is a registered voter in	3420
the jurisdiction in which the provisional ballot is being voted;	3421

(c)(g) A statement that the individual is eligible to vote in	3422
the election in which the provisional ballot is being voted.	3423

(2) In addition to the information required to be included in	3424
an affirmation under division (B)(1) of this section, in	3425
determining whether a provisional ballot is valid and entitled to	3426
be counted, the board also shall examine any additional	3427
information for determining ballot validity provided by the	3428
provisional voter on the affirmation, provided by the provisional	3429
voter to an election official under section 3505.182 of the	3430
Revised Code, or provided to the board of elections during the ten	3431
days after the day of the election under division (B)(8) of	3432
section 3505.181 of the Revised Code, to assist the board in	3433
determining the individual's eligibility to vote.	3434

(3) If, in examining a provisional ballot affirmation and	3435
additional information under divisions (B)(1) and (2) of this	3436
section, the board determines that all of the following apply, the	3437
provisional ballot envelope shall be opened, and the ballot shall	3438
be placed in a ballot box to be counted:	3439

(a) The individual named on the affirmation is properly	3440
registered to vote.	3441

(b) The individual named on the affirmation is eligible to	3442
cast a ballot in the precinct and for the election in which the	3443
individual cast the provisional ballot.	3444

(c) The individual provided all of the information required	3445
under division (B)(1) of this section in the affirmation that the	3446
individual executed at the time the individual cast the	3447
provisional ballot.	3448

(d) If applicable, the individual provided any additional	3449
information required under division (B)(8) of section 3505.181 of	3450
the Revised Code within ten days after the day of the election.	3451

(e) If applicable, the hearing conducted under division (B)	3452
of section 3503.24 of the Revised Code after the day of the	3453
election resulted in the individual's inclusion in the official	3454
registration list.	3455

(4)(3)(a) If, in examining a provisional ballot affirmation	3456
and additional information under divisions (B)(1) and (2) of this	3457
section, the board determines that any of the following applies,	3458
the provisional ballot envelope shall not be opened, and the	3459
ballot shall not be counted:	3460

(i) The individual named on the affirmation is not qualified	3461
or is not properly registered to vote.	3462

(ii) The individual named on the affirmation is not eligible	3463
to cast a ballot in the precinct or for the election in which the	3464
individual cast the provisional ballot.	3465

(iii) The individual did not provide all of the information	3466
required under division (B)(1) of this section in the affirmation	3467
that the individual executed at the time the individual cast the	3468
provisional ballot.	3469

(iv) The individual has already cast a ballot for the	3470
election in which the individual cast the provisional ballot.	3471

(v) If applicable, the individual did not provide any	3472
additional information required under division (B)(8) of section	3473
3505.181 of the Revised Code within ten days after the day of the	3474
election.	3475

(vi) If applicable, the hearing conducted under division (B)	3476
of section 3503.24 of the Revised Code after the day of the	3477
election did not result in the individual's inclusion in the	3478
official registration list.	3479

(vii) The individual failed to provide a current and valid	3480
photo identification, a military identification, a copy of a	3481
current utility bill, bank statement, government check, paycheck,	3482
or other government document, other than a notice of an election	3483
mailed by a board of elections under section 3501.19 of the	3484
Revised Code or a notice of voter registration mailed by a board	3485
of elections under section 3503.19 of the Revised Code, with the	3486
voter's name and current address, or the last four digits of the	3487
individual's social security number or to execute an affirmation	3488
under division (A) of section 3505.18 or division (B) of section	3489
3505.181 of the Revised Code.	3490

(b) If, in examining a provisional ballot affirmation and	3491
additional information under divisions (B)(1) and (2) of this	3492
section, the board is unable to determine either of the following,	3493
the provisional ballot envelope shall not be opened, and the	3494
ballot shall not be counted:	3495

(i) Whether the individual named on the affirmation is	3496
qualified or properly registered to vote;	3497

(ii) Whether the individual named on the affirmation is	3498
eligible to cast a ballot in the precinct or for the election in	3499
which the individual cast the provisional ballot.	3500

(C)(1) For each provisional ballot rejected under division	3501
(B)(4)(3) of this section, the board shall record the name of the	3502
provisional voter who cast the ballot, the identification number	3503
of the provisional ballot envelope, the names of the election	3504
officials who determined the validity of that ballot, the date and	3505
time that the determination was made, and the reason that the	3506
ballot was not counted.	3507

(2) Provisional ballots that are rejected under division	3508
(B)(4)(3) of this section shall not be counted but shall be	3509
preserved in their provisional ballot envelopes unopened until the	3510
time provided by section 3505.31 of the Revised Code for the	3511
destruction of all other ballots used at the election for which	3512
ballots were provided, at which time they shall be destroyed.	3513

(D) Provisional ballots that the board determines are	3514
eligible to be counted under division (B)(3)(2) of this section	3515
shall be counted in the same manner as provided for other ballots	3516
under section 3505.27 of the Revised Code. No provisional ballots	3517
shall be counted in a particular county until the board determines	3518
the eligibility to be counted of all provisional ballots cast in	3519
that county under division (B) of this section for that election.	3520
Observers, as provided in section 3505.21 of the Revised Code, may	3521
be present at all times that the board is determining the	3522
eligibility of provisional ballots to be counted and counting	3523
those provisional ballots determined to be eligible. No person	3524
shall recklessly disclose the count or any portion of the count of	3525
provisional ballots in such a manner as to jeopardize the secrecy	3526
of any individual ballot.	3527

(E)(1) Except as otherwise provided in division (E)(2) of	3528
this section, nothing in this section shall prevent a board of	3529
elections from examining provisional ballot affirmations and	3530
additional information under divisions (B)(1) and (2) of this	3531
section to determine the eligibility of provisional ballots to be	3532
counted during the ten days after the day of an election.	3533

(2) A board of elections shall not examine the provisional	3534
ballot affirmation and additional information under divisions	3535
(B)(1) and (2) of this section of any provisional ballot for which	3536
an election official has indicated under division (B)(7)(5) of	3537
section 3505.181 of the Revised Code that additional information	3538
is required for the board of elections to determine the	3539
eligibility of the individual who cast that provisional ballot	3540
until the individual provides any information required under	3541
division (B)(8) of section 3505.181 of the Revised Codean	3542
application or challenge hearing has been postponed, until any	3543
hearing required to be conducted under section 3503.24 of the	3544
Revised Code with regard to the provisional voter is held, or	3545
until the eleventh day after the day of the election, whichever is	3546
earlier.	3547

Sec. 3505.20.  Any person offering to vote may be challenged	3548
at the polling place by any judge of electionsprecinct election	3549
official. If the board of elections has ruled on the question	3550
presented by a challenge prior to election day, its finding and	3551
decision shall be final, and the presiding judgevoting location	3552
manager shall be notified in writing. If the board has not ruled,	3553
the question shall be determined as set forth in this section. If	3554
any person is so challenged as unqualified to vote, the presiding	3555
judgevoting location manager shall tender the person the	3556
following oath: "You do swear or affirm under penalty of election	3557
falsification that you will fully and truly answer all of the	3558
following questions put to you concerning your qualifications as	3559
an elector at this election."	3560

(A) If the person is challenged as unqualified on the ground	3561
that the person is not a citizen, the judges shall put the	3562
following questionsquestion:	3563

(1) Are you a citizen of the United States?

3564

(2) Are you a native or naturalized citizen?

3565

(3) Where were you born?

3566

(4) What official documentation do you possess to prove your	3567
citizenship? Please provide that documentation.	3568

If the person offering to vote claims to be a naturalized	3569
citizen of the United States, the person shall, before the vote is	3570
received, produce for inspection of the judges a certificate of	3571
naturalization and declare under oath that the person is the	3572
identical person named in the certificate. If the person states	3573
under oath that, by reason of the naturalization of the person's	3574
parents or one of them, the person has become a citizen of the	3575
United States, and when or where the person's parents were	3576
naturalized, the certificate of naturalization need not be	3577
produced. If the person is unable to provide a certificate of	3578
naturalization on the day of the election, the judges shall	3579
provide to the person, and the person may vote, a provisional	3580
ballot under section 3505.181 of the Revised Code. The provisional	3581
ballot shall not be counted unless it is properly completed and	3582
the board of elections determines that the voter is properly	3583
registered and eligible to vote in the election.	3584

(B) If the person is challenged as unqualified on the ground	3585
that the person has not resided in this state for thirty days	3586
immediately preceding the election, the judgesprecinct election	3587
officials shall put the following questions:	3588

(1) Have you resided in this state for thirty days	3589
immediately preceding this election? If so, where have you	3590
resided?	3591

(2) Did you properly register to vote?

3592

(3) Can you provide some form of identification containing	3593
your current mailing address in this precinct? Please provide that	3594
identification.	3595

(4) Have you voted or attempted to vote at any other location	3596
in this or in any other state at this election?	3597

(5) Have you applied for an absent voter's ballot in any	3598
state for this election?	3599

If the judgesprecinct election officials are unable to	3600
verify the person's eligibility to cast a ballot in the election,	3601
the judgesprecinct election officials shall provide to the	3602
person, and the person may vote, a provisional ballot under	3603
section 3505.181 of the Revised Code. The provisional ballot shall	3604
not be counted unless it is properly completed and the board of	3605
elections determines that the voter is properly registered and	3606
eligible to vote in the election.	3607

(C) If the person is challenged as unqualified on the ground	3608
that the person is not a resident of the precinct where the person	3609
offers to vote, the judgesprecinct election officials shall put	3610
the following questions:	3611

(1) Do you reside in this precinct?

3612

(2) When did you move into this precinct?

3613

(3) When you came into this precinct, did you come for a	3614
temporary purpose merely or for the purpose of making it your	3615
home?	3616

(4) What is your current mailing address?

3617

(5) Do you have some official identification containing your	3618
current address in this precinct? Please provide that	3619
identification.	3620

(6) Have you voted or attempted to vote at any other location	3621
in this or in any other state at this election?	3622

(7) Have you applied for any absent voter's ballot in any	3623
state for this election?	3624

The judgesprecinct election officials shall direct an	3625
individual who is not in the appropriate polling place to the	3626
appropriate polling place. If the individual refuses to go to the	3627
appropriate polling place, or if the judgesprecinct election	3628
officials are unable to verify the person's eligibility to cast a	3629
ballot in the election, the judgesprecinct election officials	3630
shall provide to the person, and the person may vote, a	3631
provisional ballot under section 3505.181 of the Revised Code. The	3632
provisional ballot shall not be counted unless it is properly	3633
completed and the board of elections determines that the voter is	3634
properly registered and eligible to vote in the election.	3635

(D) If the person is challenged as unqualified on the ground	3636
that the person is not of legal voting age, the judgesprecinct	3637
election officials shall put the following questions:	3638

(1) Are you eighteen years of age or more?

3639

(2) What is your date of birth?

3640

(3) Do you have some official identification verifying your	3641
age? Please provide that identification.	3642

If the judgesprecinct election officials are unable to	3643
verify the person's age and eligibility to cast a ballot in the	3644
election, the judgesprecinct election officials shall provide to	3645
the person, and the person may vote, a provisional ballot under	3646
section 3505.181 of the Revised Code. The provisional ballot shall	3647
not be counted unless it is properly completed and the board of	3648
elections determines that the voter is properly registered and	3649
eligible to vote in the election.	3650

The presiding judge shall put such other questions to the	3651
person challenged as are necessary to determine the person's	3652
qualifications as an elector at the election. If a person	3653
challenged refuses to answer fully any question put to the person,	3654
is unable to answer the questions as they were answered on the	3655
registration form by the person under whose name the person offers	3656
to vote, or refuses to sign the person's name or make the person's	3657
mark, or if for any other reason a majority of the judgesprecinct	3658
election officials believes the person is not entitled to vote,	3659
the judgesprecinct election officials shall provide to the	3660
person, and the person may vote, a provisional ballot under	3661
section 3505.181 of the Revised Code. The provisional ballot shall	3662
not be counted unless it is properly completed and the board of	3663
elections determines that the voter is properly registered and	3664
eligible to vote in the election.	3665

A qualified citizen who has certified the citizen's intention	3666
to vote for president and vice-president as provided by Chapter	3667
3504. of the Revised Code shall be eligible to receive only the	3668
ballot containing presidential and vice-presidential candidates.	3669

However, prior to the nineteenth day before the day of an	3670
election and in accordance with section 3503.24 of the Revised	3671
Code, any person qualified to vote may challenge the right of any	3672
other person to be registered as a voter, or the right to cast an	3673
absent voter's ballot, or to make application for such ballot.	3674
Such challenge shall be made in accordance with section 3503.24 of	3675
the Revised Code, and the board of elections of the county in	3676
which the voting residence of the challenged voter is situated	3677
shall make a final determination relative to the legality of such	3678
registration or application.	3679

Sec. 3505.21.  At any primary, special, or general election,	3680
any political party supporting candidates to be voted upon at such	3681
election and any group of five or more candidates may appoint to	3682
the board of elections or to any of the precincts in the county or	3683
city one person, a qualified elector, who shall serve as observer	3684
for such party or such candidates during the casting and counting	3685
of the ballots; provided that separate observers may be appointed	3686
to serve during the casting and during the counting of the	3687
ballots. No candidate, no uniformed peace officer as defined by	3688
section 2935.01 of the Revised Code, no uniformed state highway	3689
patrol trooper, no uniformed member of any fire department, no	3690
uniformed member of the armed services, no uniformed member of the	3691
organized militia, no person wearing any other uniform, and no	3692
person carrying a firearm or other deadly weapon shall serve as an	3693
observer, nor shall any candidate be represented by more than one	3694
observer at any one precinct except that a candidate who is a	3695
member of a party controlling committee, as defined in section	3696
3517.03 of the Revised Code, may serve as an observer. Any	3697
political party or group of candidates appointing observers shall	3698
notify the board of elections of the names and addresses of its	3699
appointees and the precincts at which they shall serve.	3700
Notification shall take place not less than eleven days before the	3701
election on forms prescribed by the secretary of state and may be	3702
amended by filing an amendment with the board of elections at any	3703
time until four p.m. of the day before the election. The observer	3704
serving on behalf of a political party shall be appointed in	3705
writing by the chairperson and secretary of the respective	3706
controlling party committee. Observers serving for any five or	3707
more candidates shall have their certificates signed by those	3708
candidates. Observers appointed to a precinct may file their	3709
certificates of appointment with the presiding judgevoting	3710
location manager of the precinct at the meeting on the evening	3711
prior to the election, or with the presiding judgevoting location	3712
manager of the precinct on the day of the election. Upon the	3713
filing of a certificate, the person named as observer in the	3714
certificate shall be permitted to be in and about the polling	3715
place for the precinct during the casting of the ballots and shall	3716
be permitted to watch every proceeding of the judges of elections	3717
precinct election officials from the time of the opening until the	3718
closing of the polls. The observer also may inspect the counting	3719
of all ballots in the polling place or board of elections from the	3720
time of the closing of the polls until the counting is completed	3721
and the final returns are certified and signed. Observers	3722
appointed to the board of elections under this section may observe	3723
at the board of elections and may observe at any precinct in the	3724
county. The judges of electionsprecinct election officials shall	3725
protect such observers in all of the rights and privileges granted	3726
to them by Title XXXV of the Revised Code.	3727

No persons other than the judges of electionsprecinct	3728
election officials, the observers, a police officer, other persons	3729
who are detailed to any precinct on request of the board of	3730
elections, or the secretary of state or the secretary of state's	3731
legal representative shall be admitted to the polling place, or	3732
any room in which a board of elections is counting ballots, after	3733
the closing of the polls until the counting, certifying, and	3734
signing of the final returns of each election have been completed.	3735

Not later than four p.m. of the twentieth day prior to an	3736
election at which questions are to be submitted to a vote of the	3737
people, any committee that in good faith advocates or opposes a	3738
measure may file a petition with the board of any county asking	3739
that the petitioners be recognized as the committee entitled to	3740
appoint observers to the count at the election. If more than one	3741
committee alleging themselves to advocate or oppose the same	3742
measure file such a petition, the board shall decide and announce	3743
by registered mail to each committee not less than twelve days	3744
immediately preceding the election which committee is recognized	3745
as being entitled to appoint observers. The decision shall not be	3746
final, but any aggrieved party may institute mandamus proceedings	3747
in the court of common pleas of the county in which the board has	3748
jurisdiction to compel the judges of electionsprecinct election	3749
officials to accept the appointees of such aggrieved party. Any	3750
such recognized committee may appoint an observer to the count in	3751
each precinct. Committees appointing observers shall notify the	3752
board of elections of the names and addresses of its appointees	3753
and the precincts at which they shall serve. Notification shall	3754
take place not less than eleven days before the election on forms	3755
prescribed by the secretary of state and may be amended by filing	3756
an amendment with the board of elections at any time until four	3757
p.m. on the day before the election. A person so appointed shall	3758
file the person's certificate of appointment with the presiding	3759
judgevoting location manager in the precinct in which the person	3760
has been appointed to serve. Observers shall file their	3761
certificates before the polls are closed. In no case shall more	3762
than six observers be appointed for any one election in any one	3763
precinct. If more than three questions are to be voted on, the	3764
committees which have appointed observers may agree upon not to	3765
exceed six observers, and the judges of electionsprecinct	3766
election officials shall appoint such observers. If such	3767
committees fail to agree, the judges of electionsprecinct	3768
election officials shall appoint six observers from the appointees	3769
so certified, in such manner that each side of the several	3770
questions shall be represented.	3771

No person shall serve as an observer at any precinct unless	3772
the board of elections of the county in which such observer is to	3773
serve has first been notified of the name, address, and precinct	3774
at which such observer is to serve. Notification to the board of	3775
elections shall be given by the political party, group of	3776
candidates, or committee appointing such observer as prescribed in	3777
this section. No such observers shall receive any compensation	3778
from the county, municipal corporation, or township, and they	3779
shall take the following oath, to be administered by one of the	3780
judges of electionsprecinct election officials:	3781

"You do solemnly swear that you will faithfully and	3782
impartially discharge the duties as an official observer, assigned	3783
by law; that you will not cause any delay to persons offering to	3784
vote; and that you will not disclose or communicate to any person	3785
how any elector has voted at such election."	3786

Sec. 3505.23.  No voter shall be allowed to occupy a voting	3787
compartment or use a voting machine for more than fiveten minutes	3788
when all the voting compartments or machines are in use and voters	3789
are waiting to occupy them. Except as otherwise provided by	3790
section 3505.24 of the Revised Code, no voter shall occupy a	3791
voting compartment or machine with another person or speak to	3792
anyone, nor shall anyone speak to the voter, while the voter is in	3793
a voting compartment or machine.	3794

In precincts that do not use voting machines the following	3795
procedure shall be followed:	3796

If a voter tears, soils, defaces, or erroneously marks a	3797
ballot the voter may return it to the precinct election officials	3798
and a second ballot shall be issued to the voter. Before returning	3799
a torn, soiled, defaced, or erroneously marked ballot, the voter	3800
shall fold it so as to conceal any marks the voter made upon it,	3801
but the voter shall not remove Stub A therefrom. If the voter	3802
tears, soils, defaces, or erroneously marks such second ballot,	3803
the voter may return it to the precinct election officials, and a	3804
third ballot shall be issued to the voter. In no case shall more	3805
than three ballots be issued to a voter. Upon receiving a returned	3806
torn, soiled, defaced, or erroneously marked ballot the precinct	3807
election officials shall detach Stub A therefrom, write "Defaced"	3808
on the back of such ballot, and place the stub and the ballot in	3809
the separate containers provided therefor.	3810

No elector shall leave the polling place until the elector	3811
returns to the precinct election officials every ballot issued to	3812
the elector with Stub A on each ballot attached thereto,	3813
regardless of whether the elector has or has not placed any marks	3814
upon the ballot.	3815

Before leaving the voting compartment, the voter shall fold	3816
each ballot marked by the voter so that no part of the face of the	3817
ballot is visible, and so that the printing thereon indicating the	3818
kind of ballot it is and the facsimile signatures of the members	3819
of the board of elections are visible. The voter shall then leave	3820
the voting compartment, deliver the voter's ballots, and state the	3821
voter's name to the judgeprecinct election official having charge	3822
of the ballot boxes, who shall announce the name, detach Stub A	3823
from each ballot, and announce the number on the stubs. The judges	3824
precinct election officials in charge of the poll lists or poll	3825
books shall check to ascertain whether the number so announced is	3826
the number on Stub B of the ballots issued to such voter, and if	3827
no discrepancy appears to exist, the judgeprecinct election	3828
official in charge of the ballot boxes shall, in the presence of	3829
the voter, deposit each such ballot in the proper ballot box and	3830
shall place Stub A from each ballot in the container provided	3831
therefor. The voter shall then immediately leave the polling	3832
place.	3833

No ballot delivered by a voter to the judgeprecinct election	3834
official in charge of the ballot boxes with Stub A detached	3835
therefrom, and only ballots provided in accordance with Title XXXV	3836
of the Revised Code, shall be voted or deposited in the ballot	3837
boxes.	3838

In marking a presidential ballot, the voter shall record the	3839
vote in the manner provided on the ballot next to the names of the	3840
candidates for the offices of president and vice-president. Such	3841
ballot shall be considered and counted as a vote for each of the	3842
candidates for election as presidential elector whose names were	3843
certified to the secretary of state by the political party of such	3844
nominees for president and vice-president.	3845

In marking an office type ballot or nonpartisan ballot, the	3846
voter shall record the vote in the manner provided on the ballot	3847
next to the name of each candidate for whom the voter desires to	3848
vote.	3849

In marking a primary election ballot, the voter shall record	3850
the vote in the manner provided on the ballot next to the name of	3851
each candidate for whom the voter desires to vote. If the voter	3852
desires to vote for the nomination of a person whose name is not	3853
printed on the primary election ballot, the voter may do so by	3854
writing such person's name on the ballot in the proper place	3855
provided for such purpose.	3856

In marking a questions and issues ballot, the voter shall	3857
record the vote in the manner provided on the ballot at the left	3858
or at the right of "YES" or "NO" or other words of similar import	3859
which are printed on the ballot to enable the voter to indicate	3860
how the voter votes in connection with each question or issue upon	3861
which the voter desires to vote.	3862

In marking any ballot on which a blank space has been	3863
provided wherein an elector may write in the name of a person for	3864
whom the elector desires to vote, the elector shall write such	3865
person's name in such blank space and on no other place on the	3866
ballot. Unless specific provision is made by statute, no blank	3867
space shall be provided on a ballot for write-in votes, and any	3868
names written on a ballot other than in a blank space provided	3869
therefor shall not be counted or recorded.	3870

Sec. 3505.24.  Any elector who declares to the presiding	3871
judge of electionsvoting location manager that the elector is	3872
unable to mark the elector's ballot by reason of blindness,	3873
disability, or illiteracy may be accompanied in the voting booth	3874
and aided by any person of the elector's choice, other than the	3875
elector's employer, an agent of the elector's employer, or an	3876
officer or agent of the elector's union, if any. The elector also	3877
may request and receive assistance in the marking of the elector's	3878
ballot from two election officials of different political parties.	3879
Any person providing assistance in the marking of an elector's	3880
ballot under this section shall thereafter provide no information	3881
in regard to the marking of that ballot.	3882

Any judgeprecinct election official may require a	3883
declaration of inability to be made by the elector under oath	3884
before the judgeofficial. Assistance shall not be rendered for	3885
causes other than those specified in this section, and no	3886
candidate whose name appears on the ballot shall assist any person	3887
in marking that person's ballot.	3888

Sec. 3505.26.  At the time for closing the polls, the	3889
presiding judgevoting location manager shall by proclamation	3890
announce that the polls are closed.	3891

The judgesprecinct election officials shall then in the	3892
presence of observers proceed as follows:	3893

(A) Count the number of electors who voted, as shown on the	3894
pollbooks;	3895

(B) Count the unused ballots without removing stubs;

3896

(C) Count the soiled and defaced ballots;

3897

(D) Insert the totals of (A), (B), and (C) on the report	3898
forms provided therefor in the pollbook;	3899

(E) Count the voted ballots. If the number of voted ballots	3900
exceeds the number of voters whose names appear upon the	3901
pollbooks, the presiding judgevoting location manager shall enter	3902
on the pollbooks an explanation of that discrepancy, and that	3903
explanation, if agreed to, shall be subscribed to by all of the	3904
judgesprecinct election officials. Any judgeprecinct official	3905
having a different explanation shall enter it in the pollbooks and	3906
subscribe to it.	3907

(F) Put the unused ballots with stubs attached, and soiled	3908
and defaced ballots with stubs attached, in the envelopes or	3909
containers provided therefor, certify the number, and then proceed	3910
to count and tally the votes in the manner prescribed by section	3911
3505.27 of the Revised Code and certify the result of the election	3912
to the board of elections.	3913

Sec. 3505.28.  No ballot shall be counted which is marked	3914
contrary to law, except that no ballot shall be rejected for any	3915
technical error unless it is impossible to determine the voter's	3916
choice. If	3917

A ballot is marked contrary to law and does not contain a	3918
technical error if the voter marks more selections for a	3919
particular office, question, or issue than the number of	3920
selections that the voter is allowed by law to make for that	3921
office, question, or issue. A voter makes more selections for a	3922
particular office than the voter is allowed by law to make for	3923
that office if the voter marks the ballot for a candidate and also	3924
writes in the name of that candidate as a write-in vote. The	3925
voter's ballot shall be invalidated for that office, question, or	3926
issue, but shall not be invalidated for any other office,	3927
question, or issue for which the voter has not marked an excess	3928
number of selections.	3929

If two or more ballots are found folded together among the	3930
ballots removed from a ballot box, they shall be deemed to be	3931
fraudulent. Such ballots shall not be counted. They shall be	3932
marked "Fraudulent" and shall be placed in an envelope indorsed	3933
"Not Counted" with the reasons therefor, and such envelope shall	3934
be delivered to the board of elections together with other	3935
uncounted ballots.	3936

No ballot shall be rejected because of being marked with ink	3937
or by any writing instrument other than one of the pencils	3938
provided by the board of elections.	3939

Sec. 3505.29.  From the time the ballot box is opened and the	3940
count of ballots begun until the ballots are counted and	3941
certificates of votes cast are made out, signed, certified and	3942
given to the presiding judgevoting location manager for delivery	3943
to the headquarters of the board of elections, the judgesprecinct	3944
election officials in each precinct shall not separate, nor shall	3945
a judgeprecinct election official leave the polling place except	3946
from unavoidable necessity. In cases of illness or unavoidable	3947
necessity, the board may substitute another qualified person for	3948
any precinct official so incapacitated.	3949

Sec. 3505.30.  When the results of the ballots have been	3950
ascertained, such results shall be embodied in a summary statement	3951
to be prepared by the judges in duplicate, on forms provided by	3952
the board of elections. One copy shall be certified by the judges	3953
and posted on the front of the polling place, and one copy,	3954
similarly certified, shall be transmitted without delay to the	3955
board in a sealed envelope along with the other returns of the	3956
election. The board shall, immediately upon receipt of such	3957
summary statements, compile and prepare an unofficial count and	3958
upon its completion shall transmit prepaid, immediately by	3959
telephone, facsimile machine, or other telecommunications device,	3960
the results of such unofficial count to the secretary of state, or	3961
to the board of the most populous county of the district which is	3962
authorized to canvass the returns. Such count, in no event, shall	3963
be made later than twelve noon on the day following the election.	3964
The board shall also, at the same time, certify the results	3965
thereof to the secretary of state by certified mail. The board	3966
shall remain in session from the time of the opening of the polls,	3967
continuously, until the results of the election are received from	3968
every precinct in the county and such results are communicated to	3969
the secretary of state.	3970

Sec. 3505.31.  When the results of the voting in a polling	3971
place on the day of an election have been determined and entered	3972
upon the proper forms and the certifications of those results have	3973
been signed by the precinct officials, those officials, before	3974
leaving the polling place, shall place all ballots that they have	3975
counted in containers provided for that purpose by the board of	3976
elections, and shall seal each container in a manner that it	3977
cannot be opened without breaking the seal or the material of	3978
which the container is made. They shall also seal the pollbook,	3979
poll list or signature pollbook, and tally sheet in a manner that	3980
the data contained in these items cannot be seen without breaking	3981
the seals. On the outside of these items shall be a plain	3982
indication that they are to be filed with the board. The presiding	3983
judgevoting location manager and an employee or appointee of the	3984
board of elections who has taken an oath to uphold the laws and	3985
constitution of this state, including an oath that the person will	3986
promptly and securely perform the duties required under this	3987
section and who is a member of a different political party than	3988
the presiding judgevoting location manager, shall then deliver to	3989
the board the containers of ballots and the sealed pollbook, poll	3990
list, and tally sheet, together with all other election reports,	3991
materials, and supplies required to be delivered to the board.	3992

The board shall carefully preserve all ballots prepared and	3993
provided by it for use in an election, whether used or unused, for	3994
sixty days after the day of the election, except that, if an	3995
election includes the nomination or election of candidates for any	3996
of the offices of president, vice-president, presidential elector,	3997
member of the senate of the congress of the United States, or	3998
member of the house of representatives of the congress of the	3999
United States, the board shall carefully preserve all ballots	4000
prepared and provided by it for use in that election, whether used	4001
or unused, for twenty-two months after the day of the election. If	4002
an election is held within that sixty-day period, the board shall	4003
have authority to transfer those ballots to other containers to	4004
preserve them until the sixty-day period has expired. After that	4005
sixty-day period, the ballots shall be disposed of by the board in	4006
a manner that the board orders, or where voting machines have been	4007
used the counters may be turned back to zero; provided that the	4008
secretary of state, within that sixty-day period, may order the	4009
board to preserve the ballots or any part of the ballots for a	4010
longer period of time, in which event the board shall preserve	4011
those ballots for that longer period of time.	4012

In counties where voting machines are used, if an election is	4013
to be held within the sixty days immediately following a primary,	4014
general, or special election or within any period of time within	4015
which the ballots have been ordered preserved by the secretary of	4016
state or a court of competent jurisdiction, the board, after	4017
giving notice to all interested parties and affording them an	4018
opportunity to have a representative present, shall open the	4019
compartments of the machines and, without unlocking the machines,	4020
shall recanvass the vote cast in them as if a recount were being	4021
held. The results shall be certified by the board, and this	4022
certification shall be filed in the board's office and retained	4023
for the remainder of the period for which ballots must be kept.	4024
After preparation of the certificate, the counters may be turned	4025
back to zero, and the machines may be used for the election.	4026

The board shall carefully preserve the pollbook, poll list or	4027
signature pollbook, and tally sheet delivered to it from each	4028
polling place until it has completed the official canvass of the	4029
election returns from all precincts in which electors were	4030
entitled to vote at an election, and has prepared and certified	4031
the abstracts of election returns, as required by law. The board	4032
shall not break, or permit anyone to break, the seals upon the	4033
pollbook, poll list or signature pollbook, and tally sheet, or	4034
make, or permit any one to make, any changes or notations in these	4035
items, while they are in its custody, except as provided by	4036
section 3505.32 of the Revised Code.	4037

Pollbooks and poll lists or signature pollbooks of a party	4038
primary election delivered to the board from polling places shall	4039
be carefully preserved by it for two years after the day of	4040
election in which they were used, and shall then be disposed of by	4041
the board in a manner that the board orders.	4042

Pollbooks, poll lists or signature pollbooks, tally sheets,	4043
summary statements, and other records and returns of an election	4044
delivered to it from polling places shall be carefully preserved	4045
by the board for two years after the day of the election in which	4046
they were used, and shall then be disposed of by the board in a	4047
manner that the board orders.	4048

Sec. 3506.021. (A) A board of elections may adopt the use of	4049
any electronic pollbook that has been certified for use in this	4050
state in accordance with section 3506.05 of the Revised Code,	4051
instead of using poll lists or signature pollbooks. A board of	4052
elections that opts to use electronic pollbooks shall notify the	4053
secretary of state of that decision.	4054

(B) The secretary of state shall provide each board of	4055
elections that adopts the use of electronic pollbooks under	4056
division (A) of this section with rules, instructions, directives,	4057
and advisories regarding the examination, testing, and use of	4058
electronic pollbooks, including rules regarding the sealing of the	4059
information in those pollbooks as required under section 3505.31	4060
of the Revised Code.	4061

(C) As used in this section, "electronic pollbook" has the	4062
same meaning as in section 3506.05 of the Revised Code.	4063

Sec. 3506.05.  (A) As used in this section, except:

4064

(1) "Electronic pollbook" means an electronic list of	4065
registered voters for a particular precinct or polling location	4066
that may be transported to a polling location;	4067

(2) Except when used as part of the phrase "tabulating	4068
equipment" or "automatic tabulating equipment,":	4069

(1) "Equipment""equipment" means a voting machine, marking	4070
device, automatic tabulating equipment, or software, or an	4071
electronic pollbook.	4072

(2)(3) "Vendor" means the person that owns, manufactures,	4073
distributes, or has the legal right to control the use of	4074
equipment, or the person's agent.	4075

(B) No voting machine, marking device, automatic tabulating	4076
equipment, or software for the purpose of casting or tabulating	4077
votes or for communications among systems involved in the	4078
tabulation, storage, or casting of votes, and no electronic	4079
pollbook, shall be purchased, leased, put in use, or continued to	4080
be used, except for experimental use as provided in division (B)	4081
of section 3506.04 of the Revised Code, unless it, a manual of	4082
procedures governing its use, and training materials, service, and	4083
other support arrangements have been certified by the secretary of	4084
state and unless the board of elections of each county where the	4085
equipment will be used has assured that a demonstration of the use	4086
of the equipment has been made available to all interested	4087
electors. The secretary of state shall appoint a board of voting	4088
machine examiners to examine and approve equipment and its related	4089
manuals and support arrangements. The board shall consist of four	4090
members, who shall be appointed as follows:	4091

(1) Two members appointed by the secretary of state.

4092

(2) One member appointed by either the speaker of the house	4093
of representatives or the minority leader of the house of	4094
representatives, whichever is a member of the opposite political	4095
party from the one to which the secretary of state belongs.	4096

(3) One member appointed by either the president of the	4097
senate or the minority leader of the senate, whichever is a member	4098
of the opposite political party from the one to which the	4099
secretary of state belongs.	4100

In all cases of a tie vote or a disagreement in the board, if	4101
no decision can be arrived at, the board shall submit the matter	4102
in controversy to the secretary of state, who shall summarily	4103
decide the question, and the secretary of state's decision shall	4104
be final. Each member of the board shall be a competent and	4105
experienced election officer or a person who is knowledgeable	4106
about the operation of voting equipment and shall serve during the	4107
secretary of state's term. Any vacancy on the board shall be	4108
filled in the same manner as the original appointment. The	4109
secretary of state shall provide staffing assistance to the board,	4110
at the board's request.	4111

For the member's service, each member of the board shall	4112
receive three hundred dollars per day for each combination of	4113
marking device, tabulating equipment, and voting machine, and	4114
electronic pollbook examined and reported, but in no event shall a	4115
member receive more than six hundred dollars to examine and report	4116
on any one marking device, item of tabulating equipment, or voting	4117
machine, or electronic pollbook. Each member of the board shall be	4118
reimbursed for expenses the member incurs during an examination or	4119
during the performance of any related duties that may be required	4120
by the secretary of state. Reimbursement of these expenses shall	4121
be made in accordance with, and shall not exceed, the rates	4122
provided for under section 126.31 of the Revised Code.	4123

Neither the secretary of state nor the board, nor any public	4124
officer who participates in the authorization, examination,	4125
testing, or purchase of equipment, shall have any pecuniary	4126
interest in the equipment or any affiliation with the vendor.	4127

(C)(1) A vendor who desires to have the secretary of state	4128
certify equipment shall first submit the equipment, all current	4129
related procedural manuals, and a current description of all	4130
related support arrangements to the board of voting machine	4131
examiners for examination, testing, and approval. The submission	4132
shall be accompanied by a fee of eighteen hundred dollars and a	4133
detailed explanation of the construction and method of operation	4134
of the equipment, a full statement of its advantages, and a list	4135
of the patents and copyrights used in operations essential to the	4136
processes of vote recording and tabulating, vote storage, system	4137
security, pollbook storage and security, and other crucial	4138
operations of the equipment as may be determined by the board. An	4139
additional fee, in an amount to be set by rules promulgated by the	4140
board, may be imposed to pay for the costs of alternative testing	4141
or testing by persons other than board members, record-keeping,	4142
and other extraordinary costs incurred in the examination process.	4143
Moneys not used shall be returned to the person or entity	4144
submitting the equipment for examination.	4145

(2) Fees collected by the secretary of state under this	4146
section shall be deposited into the state treasury to the credit	4147
of the board of voting machine examiners fund, which is hereby	4148
created. All moneys credited to this fund shall be used solely for	4149
the purpose of paying for the services and expenses of each member	4150
of the board or for other expenses incurred relating to the	4151
examination, testing, reporting, or certification of voting	4152
machine devicesequipment, the performance of any related duties	4153
as required by the secretary of state, or the reimbursement of any	4154
person submitting an examination fee as provided in this chapter.	4155

(D) Within sixty days after the submission of the equipment	4156
and payment of the fee, or as soon thereafter as is reasonably	4157
practicable, but in any event within not more than ninety days	4158
after the submission and payment, the board of voting machine	4159
examiners shall examine the equipment and file with the secretary	4160
of state a written report on the equipment with its	4161
recommendations and, if applicable, its determination or condition	4162
of approval regarding whether the equipment, manual, and other	4163
related materials or arrangements meet the criteria set forth in	4164
sections 3506.07 and 3506.10 of the Revised Code and can be safely	4165
used by the voters at elections under the conditions prescribed in	4166
Title XXXV of the Revised Code, or a written statement of reasons	4167
for which testing requires a longer period. The board may grant	4168
temporary approval for the purpose of allowing experimental use of	4169
equipment. If the board finds that the equipment meets theany	4170
applicable criteria set forth in sections 3506.06, 3506.07, and	4171
3506.10 of the Revised Code, can be used safely and, if	4172
applicable, can be depended upon to record and count accurately	4173
and continuously the votes of electors, and has the capacity to be	4174
warranted, maintained, and serviced, it shall approve the	4175
equipment and recommend that the secretary of state certify the	4176
equipment. The secretary of state shall notify all boards of	4177
elections of any such certification. Equipment of the same model	4178
and make, if it provides for recording of voter intent, system	4179
security, voter privacy, retention of vote, and communication of	4180
voting recordsoperates in an identical manner, may then be	4181
adopted for use at elections.	4182

(E) The vendor shall notify the secretary of state, who shall	4183
then notify the board of voting machine examiners, of any	4184
enhancement and any significant adjustment to the hardware or	4185
software that could result in a patent or copyright change or that	4186
significantly alters the methods of recording voter intent, system	4187
security, voter privacy, retention of the vote, communication of	4188
voting records, and connections between the system and other	4189
systems. The vendor shall provide the secretary of state with an	4190
updated operations manual for the equipment, and the secretary of	4191
state shall forward the manual to the board. Upon receiving such a	4192
notification and manual, the board may require the vendor to	4193
submit the equipment to an examination and test in order for the	4194
equipment to remain certified. The board or the secretary of state	4195
shall periodically examine, test, and inspect certified equipment	4196
to determine continued compliance with the requirements of this	4197
chapter and the initial certification. Any examination, test, or	4198
inspection conducted for the purpose of continuing certification	4199
of any equipment in which a significant problem has been uncovered	4200
or in which a record of continuing problems exists shall be	4201
performed pursuant to divisions (C) and (D) of this section, in	4202
the same manner as the examination, test, or inspection is	4203
performed for initial approval and certification.	4204

(F) If, at any time after the certification of equipment, the	4205
board of voting machine examiners or the secretary of state is	4206
notified by a board of elections of any significant problem with	4207
the equipment or determines that the equipment fails to meet the	4208
requirements necessary for approval or continued compliance with	4209
the requirements of this chapter, or if the board of voting	4210
machine examiners determines that there are significant	4211
enhancements or adjustments to the hardware or software, or if	4212
notice of such enhancements or adjustments has not been given as	4213
required by division (E) of this section, the secretary of state	4214
shall notify the users and vendors of that equipment that	4215
certification of the equipment may be withdrawn.	4216

(G)(1) The notice given by the secretary of state under	4217
division (F) of this section shall be in writing and shall specify	4218
both of the following:	4219

(a) The reasons why the certification may be withdrawn;

4220

(b) The date on which certification will be withdrawn unless	4221
the vendor takes satisfactory corrective measures or explains why	4222
there are no problems with the equipment or why the enhancements	4223
or adjustments to the equipment are not significant.	4224

(2) A vendor who receives a notice under division (F) of this	4225
section shall, within thirty days after receiving it, submit to	4226
the board of voting machine examiners in writing a description of	4227
the corrective measures taken and the date on which they were	4228
taken, or the explanation required under division (G)(1)(b) of	4229
this section.	4230

(3) Not later than fifteen days after receiving a written	4231
description or explanation under division (G)(2) of this section	4232
from a vendor, the board shall determine whether the corrective	4233
measures taken or the explanation is satisfactory to allow	4234
continued certification of the equipment, and the secretary of	4235
state shall send the vendor a written notice of the board's	4236
determination, specifying the reasons for it. If the board has	4237
determined that the measures taken or the explanation given is	4238
unsatisfactory, the notice shall include the effective date of	4239
withdrawal of the certification. This date may be different from	4240
the date originally specified in division (G)(1)(b) of this	4241
section.	4242

(4) A vendor who receives a notice under division (G)(3) of	4243
this section indicating a decision to withdraw certification may,	4244
within thirty days after receiving it, request in writing that the	4245
board hold a hearing to reconsider its decision. Any interested	4246
party shall be given the opportunity to submit testimony or	4247
documentation in support of or in opposition to the board's	4248
recommendation to withdraw certification. Failure of the vendor to	4249
take appropriate steps as described in division (G)(1)(b) or to	4250
comply with division (G)(2) of this section results in a waiver of	4251
the vendor's rights under division (G)(4) of this section.	4252

(H)(1) The secretary of state, in consultation with the board	4253
of voting machine examiners, shall establish, by rule, guidelines	4254
for the approval, certification, and continued certification of	4255
the voting machines, marking devices, and tabulating equipment,	4256
and electronic pollbooks to be used under Title XXXV of the	4257
Revised Code. The guidelines shall establish procedures requiring	4258
vendors or computer software developers to place in escrow with an	4259
independent escrow agent approved by the secretary of state a copy	4260
of all source code and related documentation, together with	4261
periodic updates as they become known or available. The secretary	4262
of state shall require that the documentation include a system	4263
configuration and that the source code include all relevant	4264
program statements in low- or high-level languages. As used in	4265
this division, "source code" does not include variable codes	4266
created for specific elections.	4267

(2) Nothing in any rule adopted under division (H) of this	4268
section shall be construed to limit the ability of the secretary	4269
of state to follow or adopt, or to preclude the secretary of state	4270
from following or adopting, any guidelines proposed by the federal	4271
election commission, any entity authorized by the federal election	4272
commission to propose guidelines, the election assistance	4273
commission, or any entity authorized by the election assistance	4274
commission to propose guidelines.	4275

(3)(a) Before the initial certification of any direct	4276
recording electronic voting machine with a voter verified paper	4277
audit trail, and as a condition for the continued certification	4278
and use of those machines, the secretary of state shall establish,	4279
by rule, standards for the certification of those machines. Those	4280
standards shall include, but are not limited to, all of the	4281
following:	4282

(i) A definition of a voter verified paper audit trail as a	4283
paper record of the voter's choices that is verified by the voter	4284
prior to the casting of the voter's ballot and that is securely	4285
retained by the board of elections;	4286

(ii) Requirements that the voter verified paper audit trail	4287
shall not be retained by any voter and shall not contain	4288
individual voter information;	4289

(iii) A prohibition against the production by any direct	4290
recording electronic voting machine of anything that legally could	4291
be removed by the voter from the polling place, such as a receipt	4292
or voter confirmation;	4293

(iv) A requirement that paper used in producing a voter	4294
verified paper audit trail be sturdy, clean, and resistant to	4295
degradation;	4296

(v) A requirement that the voter verified paper audit trail	4297
shall be capable of being optically scanned for the purpose of	4298
conducting a recount or other audit of the voting machine and	4299
shall be readable in a manner that makes the voter's ballot	4300
choices obvious to the voter without the use of computer or	4301
electronic codes;	4302

(vi) A requirement, for office-type ballots, that the voter	4303
verified paper audit trail include the name of each candidate	4304
selected by the voter;	4305

(vii) A requirement, for questions and issues ballots, that	4306
the voter verified paper audit trail include the title of the	4307
question or issue, the name of the entity that placed the question	4308
or issue on the ballot, and the voter's ballot selection on that	4309
question or issue, but not the entire text of the question or	4310
issue.	4311

(b) The secretary of state, by rule adopted under Chapter	4312
119. of the Revised Code, may waive the requirement under division	4313
(H)(3)(a)(v) of this section, if the secretary of state determines	4314
that the requirement is cost prohibitive.	4315

(4)(a) Except as otherwise provided in division (H)(4)(c) of	4316
this section, any voting machine, marking device, or automatic	4317
tabulating equipment initially certified or acquired on or after	4318
December 1, 2008, shall have the most recent federal certification	4319
number issued by the election assistance commission.	4320

(b) Any voting machine, marking device, or automatic	4321
tabulating equipment certified for use in this state on the	4322
effective date of this amendmentSeptember 12, 2008, shall meet,	4323
as a condition of continued certification and use, the voting	4324
system standards adopted by the federal election commission in	4325
2002.	4326

(c) A county that acquires additional voting machines,	4327
marking devices, or automatic tabulating equipment on or after	4328
December 1, 2008, shall not be considered to have acquired those	4329
machines, devices, or equipment on or after December 1, 2008, for	4330
the purpose of division (H)(4)(a) of this section if all of the	4331
following apply:	4332

(i) The voting machines, marking devices, or automatic	4333
tabulating equipment acquired are the same as the machines,	4334
devices, or equipment currently used in that county.	4335

(ii) The acquisition of the voting machines, marking devices,	4336
or automatic tabulating equipment does not replace or change the	4337
primary voting system used in that county.	4338

(iii) The acquisition of the voting machines, marking	4339
devices, or automatic tabulating equipment is for the purpose of	4340
replacing inoperable machines, devices, or equipment or for the	4341
purpose providing additional machines, devices, or equipment	4342
required to meet the allocation requirements established pursuant	4343
to division (I) of section 3501.11 of the Revised Code.	4344

Sec. 3506.12.  In counties where marking devices, automatic	4345
tabulating equipment, voting machines, or any combination of these	4346
are in use or are to be used, the board of elections:	4347

(A) May combine, rearrange, and enlarge precincts; but the	4348
board shall arrange for a sufficient number of these devices to	4349
accommodate the number of electors in each precinct as determined	4350
by the number of votes cast in that precinct at the most recent	4351
election for the office of governor, taking into consideration the	4352
size and location of each selected polling place, available	4353
parking, handicap accessibility and other accessibility to the	4354
polling place, and the number of candidates and issues to be voted	4355
on. Notwithstanding section 3501.22 of the Revised Code, the board	4356
may appoint more than four precinct officers to each precinct if	4357
this is made necessary by the number of voting machines to be used	4358
in that precinct.	4359

(B) Except as otherwise provided in this division, shall	4360
establish one or more counting stations to receive voted ballots	4361
and other precinct election supplies after the polling precincts	4362
are closed. Those stations shall be under the supervision and	4363
direction of the board of elections. Processing and counting of	4364
voted ballots, and the preparation of summary sheets, shall be	4365
done in the presence of observers approved by the board. A	4366
certified copy of the summary sheet for the precinct shall be	4367
posted at each counting station immediately after completion of	4368
the summary sheet.	4369

In counties where punch card ballots are used, one or more	4370
counting stations, located at the board of elections, shall be	4371
established, at which location all punch card ballots shall be	4372
counted.	4373

As used in this division, "punch card ballot" has the same	4374
meaning as in section 3506.16 of the Revised Code.	4375

Sec. 3506.15.  The secretary of state shall provide each	4376
board of elections with rules, instructions, directives, and	4377
advisories regarding the examination, testing, and use of the	4378
voting machine and tabulating equipment, the assignment of duties	4379
of booth officials, the procedure for casting a vote on the	4380
machine, and how the vote shall be tallied and reported to the	4381
board, and with other rules, instructions, directives, and	4382
advisories the secretary of state finds necessary to ensure the	4383
adequate care and custody of voting equipment, and the accurate	4384
registering, counting, and canvassing of the votes as required by	4385
this chapter. The boards of elections shall be charged with the	4386
responsibility of providing for the adequate instruction of voters	4387
and election officials in the proper use of the voting machine and	4388
marking devices. The boards' instructions shall include, in	4389
counties where punch card ballots are used, instructions that each	4390
voter shall examine the voter's marked ballot card and remove any	4391
chads that remain partially attached to it before returning it to	4392
election officials.	4393

The secretary of state's rules, instructions, directives, and	4394
advisories provided under this section shall comply, insofar as	4395
practicable, with this chapter. The provisions of Title XXXV of	4396
the Revised Code, not inconsistent with the provisions relating to	4397
voting machines, apply in any county using a voting machine.	4398

As used in this section, "chad" and "punch card ballot" have	4399
the same meanings as in section 3506.16 of the Revised Code.	4400

Sec. 3509.01. (A) The board of elections of each county shall	4401
provide absent voter's ballots for use at every primary and	4402
general election, or special election to be held on the day	4403
specified by division (E) of section 3501.01 of the Revised Code	4404
for the holding of a primary election, designated by the general	4405
assembly for the purpose of submitting constitutional amendments	4406
proposed by the general assembly to the voters of the state. Those	4407
ballots shall be the same size, shall be printed on the same kind	4408
of paper, and shall be in the same form as has been approved for	4409
use at the election for which those ballots are to be voted;	4410
except that, in counties using marking devices, ballot cards may	4411
be used for absent voter's ballots, and those absent voters shall	4412
be instructed to record the vote in the manner provided on the	4413
ballot cards. In counties where punch card ballots are used, those	4414
absent voters shall be instructed to examine their marked ballot	4415
cards and to remove any chads that remain partially attached to	4416
them before returning them to election officials.	4417

(B) The rotation of names of candidates and questions and	4418
issues shall be substantially complied with on absent voter's	4419
ballots, within the limitation of time allotted. Those ballots	4420
shall be designated as "Absent Voter's Ballots." Except as	4421
otherwise provided in division (D) of this section, those ballots	4422
shall be printed and ready for use as follows:	4423

(1) For overseas voters and absent uniformed services voters	4424
eligible to vote under the Uniformed and Overseas Citizens	4425
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	4426
1973ff, et seq., as amended, ballots shall be printed and ready	4427
for use on the forty-fifth day before the day of the election.	4428

(2) For all other voters, other than overseas voters and	4429
absent uniformed services voters, who are applying to vote absent	4430
voter's ballots other than in person, ballots shall be printed and	4431
ready for use on the thirty-fifthtwenty-first day before the day	4432
of the election.	4433

(3) For all voters who are applying to vote absent voter's	4434
ballots in person, ballots shall be printed and ready for use	4435
beginning on the sixteenth day before the day of the election and	4436
shall continue to be available for use through six p.m. on the	4437
last Friday before the day of the election, except that ballots	4438
shall not be available for use on Sunday. On the days in which	4439
absent voter's ballots are available for use in person, those	4440
ballots shall be available from eight a.m. through six p.m. Monday	4441
through Friday, and from eight a.m. through twelve p.m. on	4442
Saturday.	4443

(C) Absent voter's ballots provided for use at a general or	4444
primary election, or special election to be held on the day	4445
specified by division (E) of section 3501.01 of the Revised Code	4446
for the holding of a primary election, designated by the general	4447
assembly for the purpose of submitting constitutional amendments	4448
proposed by the general assembly to the voters of the state, shall	4449
include only those questions, issues, and candidacies that have	4450
been lawfully ordered submitted to the electors voting at that	4451
election.	4452

(D) If the laws governing the holding of a special election	4453
on a day other than the day on which a primary or general election	4454
is held make it impossible for absent voter's ballots to be	4455
printed and ready for use by the deadlines established in division	4456
(B) of this section, absent voter's ballots for those special	4457
elections shall be ready for use as many days before the day of	4458
the election as reasonably possible under the laws governing the	4459
holding of that special election.	4460

(E) A copy of the absent voter's ballots shall be forwarded	4461
by the director of the board in each county to the secretary of	4462
state at least twenty-five days before the election.	4463

(F) As used in this section, "chad" and "punch card ballot"	4464
have the same meanings as in section 3506.16 of the Revised Code.	4465

Sec. 3509.03.  Except as provided in section 3509.031 or	4466
division (B) of section 3509.08 of the Revised Code, any qualified	4467
elector desiring to vote absent voter's ballots at an election	4468
shall make written application for those ballots to the director	4469
board of elections of the county in which the elector's voting	4470
residence is located. The application need not be in any	4471
particular form but shall contain all of the following:	4472

(A) The elector's name;

4473

(B) The elector's signature;

4474

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

4475

(D) The elector's date of birth;

4476

(E) One of the following:

4477

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

4478

(2) The last four digits of the elector's social security	4479
number;	4480

(3) A copy of the elector's current and valid photo	4481
identification, a copy of a military identification, or a copy of	4482
a current utility bill, bank statement, government check,	4483
paycheck, or other government document, other than a notice of an	4484
election mailed by a board of elections under section 3501.19 of	4485
the Revised Code or a notice of voter registration mailed by a	4486
board of elections under section 3503.19 of the Revised Code, that	4487
shows the name and address of the elector.	4488

(F) A statement identifying the election for which absent	4489
voter's ballots are requested;	4490

(G) A statement that the person requesting the ballots is a	4491
qualified elector;	4492

(H) If the request is for primary election ballots, the	4493
elector's party affiliation;	4494

(I) If the elector desires ballots to be mailed to the	4495
elector, the address to which those ballots shall be mailed.	4496

Each application for absent voter's ballots shall be	4497
delivered to the directorboard not earlier than the first day of	4498
January of the year of the elections for which the absent voter's	4499
ballots are requested or not earlier than ninety days before the	4500
day of the election at which the ballots are to be voted,	4501
whichever is earlier, and not later than twelve noon of the third	4502
day before the day of the election at which the ballots are to be	4503
voted, or not later than the close of regular business hours on	4504
the day before the day of the election at which the ballots are to	4505
be voted if the application is delivered in person to the office	4506
of the board.	4507

A board of elections shall not mail any unsolicited	4508
applications for absent voter's ballots. A board shall only mail	4509
an absent voter's ballot application to an elector who has	4510
requested such an application from the board. A board of elections	4511
that mails an absent voter's ballot application to an elector	4512
under this section shall not prepay the return postage for that	4513
application.	4514

Sec. 3509.031. (A) Any qualified elector who is a member of	4515
the organized militia called to active duty within the state and	4516
who will be unable to vote on election day on account of that	4517
active duty may make written application for absent voter's	4518
ballots to the directorboard of elections for the county in which	4519
the elector's voting residence is located. The elector may	4520
personally deliver the application to the directoroffice of the	4521
board or may mail it, send it by facsimile machine, or otherwise	4522
send it to the directorboard. The application need not be in any	4523
particular form but shall contain all of the following:	4524

(1) The elector's name;

4525

(2) The elector's signature;

4526

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

4527

(4) The elector's date of birth;

4528

(5) One of the following:

4529

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

4530

(b) The last four digits of the elector's social security	4531
number;	4532

(c) A copy of the elector's current and valid photo	4533
identification, a copy of a military identification, or a copy of	4534
a current utility bill, bank statement, government check,	4535
paycheck, or other government document, other than a notice of an	4536
election mailed by a board of elections under section 3501.19 of	4537
the Revised Code or a notice of voter registration mailed by a	4538
board of elections under section 3503.19 of the Revised Code, that	4539
shows the name and address of the elector.	4540

(6) A statement identifying the election for which absent	4541
voter's ballots are requested;	4542

(7) A statement that the person requesting the ballots is a	4543
qualified elector;	4544

(8) A statement that the elector is a member of the organized	4545
militia serving on active duty within the state;	4546

(9) If the request is for primary election ballots, the	4547
elector's party affiliation;	4548

(10) If the elector desires ballots to be mailed to the	4549
elector, the address to which those ballots shall be mailed;	4550

(11) If the elector desires ballots to be sent to the elector	4551
by facsimile machine, the telephone number to which they shall be	4552
so sent.	4553

(B) Application to have absent voter's ballots mailed or sent	4554
by facsimile machine to a qualified elector who is a member of the	4555
organized militia called to active duty within the state and who	4556
will be unable to vote on election day on account of that active	4557
duty may be made by the spouse of the militia member or the	4558
father, mother, father-in-law, mother-in-law, grandfather,	4559
grandmother, brother or sister of the whole blood or half blood,	4560
son, daughter, adopting parent, adopted child, stepparent,	4561
stepchild, uncle, aunt, nephew, or niece of the militia member.	4562
The application shall be in writing upon a blank form furnished	4563
only by the directorboard of elections. The form of the	4564
application shall be prescribed by the secretary of state. The	4565
directorboard shall furnish that blank form to any of the	4566
relatives specified in this division desiring to make the	4567
application, only upon the request of such a relative in person at	4568
the office of the board or upon the written request of such a	4569
relative mailed to the office of the board. The application,	4570
subscribed and sworn to by the applicant, shall contain all of the	4571
following:	4572

(1) The full name of the elector for whom ballots are	4573
requested;	4574

(2) A statement that such person is a qualified elector in	4575
the county;	4576

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

4577

(4) The elector's date of birth;

4578

(5) One of the following:

4579

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

4580

(b) The last four digits of the elector's social security	4581
number;	4582

(c) A copy of the elector's current and valid photo	4583
identification, a copy of a military identification, or a copy of	4584
a current utility bill, bank statement, government check,	4585
paycheck, or other government document, other than a notice of an	4586
election mailed by a board of elections under section 3501.19 of	4587
the Revised Code or a notice of voter registration mailed by a	4588
board of elections under section 3503.19 of the Revised Code, that	4589
shows the name and address of the elector.	4590

(6) A statement identifying the election for which absent	4591
voter's ballots are requested;	4592

(7) A statement that the elector is a member of the organized	4593
militia serving on active duty within the state;	4594

(8) If the request is for primary election ballots, the	4595
elector's party affiliation;	4596

(9) A statement that the applicant bears a relationship to	4597
the elector as specified in division (B) of this section;	4598

(10) The address to which ballots shall be mailed or	4599
telephone number to which ballots shall be sent by facsimile	4600
machine;	4601

(11) The signature and address of the person making the	4602
application.	4603

(C) Applications to have absent voter's ballots mailed or	4604
sent by facsimile machine shall not be valid if dated, postmarked,	4605
or received by the directorboard prior to the ninetieth day	4606
before the day of the election for which ballots are requested or	4607
if delivered to the directorboard later than twelve noon of the	4608
third day preceding the day of such election. If, after the	4609
ninetieth day and before four p.m. of the day before the day of an	4610
election, a valid application for absent voter's ballots is	4611
delivered to the director of elections at the office of the board	4612
by a militia member making application in the militia member's own	4613
behalf, the directorboard shall forthwith deliver to the militia	4614
member all absent voter's ballots then ready for use, together	4615
with an identification envelope. The militia member shall then	4616
vote the absent voter's ballots in the manner provided in section	4617
3509.05 of the Revised Code.	4618

(D) A board of elections shall not mail any unsolicited	4619
applications for absent voter's ballots. A board shall only mail	4620
an absent voter's ballot application to an elector who has	4621
requested such an application from the board. A board of elections	4622
that mails an absent voter's ballot application to an elector	4623
under this section shall not prepay the return postage for that	4624
application.	4625

Sec. 3509.04. (A) If a director of a board of elections	4626
receives an application for absent voter's ballots that does not	4627
contain all of the required information, the directorboard	4628
promptly shall notify the applicant of the additional information	4629
required to be provided by the applicant to complete that	4630
application.	4631

(B) Upon receipt by the directora board of elections of an	4632
application for absent voter's ballots that contains all of the	4633
required information, as provided by sections 3509.03 and 3509.031	4634
and division (G) of section 3503.16 of the Revised Code, the	4635
directorboard, if the directorboard finds that the applicant is	4636
a qualified elector, shall deliver to the applicant in person or	4637
mail directly to the applicant by special delivery mail, air mail,	4638
or regular mail, postage prepaid, proper absent voter's ballots.	4639
The directorboard shall deliver or mail with the ballots an	4640
unsealed identification envelope upon the face of which shall be	4641
printed a form substantially as follows:	4642

"Identification Envelope Statement of Voter	4643

I, ........................(Name of voter), declare under	4644
penalty of election falsification that the within ballot or	4645
ballots contained no voting marks of any kind when I received	4646
them, and I caused the ballot or ballots to be marked, enclosed in	4647
the identification envelope, and sealed in that envelope.	4648

My voting residence in Ohio is

4649

...................................................................	4650

(Street and Number, if any, or Rural Route and Number)	4651

of ................................ (City, Village, or Township)	4652
Ohio, which is in Ward ............... Precinct ................	4653
in that city, village, or township.	4654

The primary election ballots, if any, within this envelope	4655
are primary election ballots of the ............. Party.	4656

Ballots contained within this envelope are to be voted at the	4657
.......... (general, special, or primary) election to be held on	4658
the .......................... day of ......................, ....	4659

My date of birth is ............... (Month and Day),	4660
.......... (Year).	4661

(Voter must provide one of the following:)

4662

My driver's license number is ............... (Driver's	4663
license number).	4664

The last four digits of myMy Social Security Number areis	4665
............... (Last four digits of Social Security Number).	4666

...... In lieu of providing a driver's license number or the	4667
last four digits of my Social Security Number, I am enclosing a	4668
copy of one of the following in the return envelope in which this	4669
identification envelope will be mailed: a current and valid photo	4670
identification, a military identification, or a current utility	4671
bill, bank statement, government check, paycheck, or other	4672
government document, other than a notice of an election mailed by	4673
a board of elections under section 3501.19 of the Revised Code or	4674
a notice of voter registration mailed by a board of elections,	4675
that shows my name and address.	4676

I hereby declare, under penalty of election falsification,	4677
that the statements above are true, as I verily believe.	4678

			4679
	(Signature of Voter)		4680

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	4681
THE FIFTH DEGREE."	4682

The directorboard of elections shall mail with the ballots	4683
and the unsealed identification envelope an unsealed return	4684
envelope upon the face of which shall be printed the official	4685
title and post-office address of the directorboard. In the upper	4686
left corner on the face of the return envelope, several blank	4687
lines shall be printed upon which the voter may write the voter's	4688
name and return address. The return envelope shall be of such size	4689
that the identification envelope can be conveniently placed within	4690
it for returning the identification envelope to the director	4691
board.	4692

Sec. 3509.05.  (A) When an elector receives an absent voter's	4693
ballot pursuant to the elector's application or request, the	4694
elector shall, before placing any marks on the ballot, note	4695
whether there are any voting marks on it. If there are any voting	4696
marks, the ballot shall be returned immediately to the board of	4697
elections; otherwise, the elector shall cause the ballot to be	4698
marked, folded in a manner that the stub on it and the	4699
indorsements and facsimile signatures of the members of the board	4700
of elections on the back of it are visible, and placed and sealed	4701
within the identification envelope received from the director	4702
board of elections for that purpose. Then, the elector shall cause	4703
the statement of voter on the outside of the identification	4704
envelope to be completed and signed, under penalty of election	4705
falsification.	4706

If the elector does not provide the elector's driver's	4707
license number or the last four digits of the elector's social	4708
security number on the statement of voter on the identification	4709
envelope, the elector also shall include in the return envelope	4710
with the identification envelope a copy of the elector's current	4711
valid photo identification, a copy of a military identification,	4712
or a copy of a current utility bill, bank statement, government	4713
check, paycheck, or other government document, other than a notice	4714
of an election mailed by a board of elections under section	4715
3501.19 of the Revised Code or a notice of voter registration	4716
mailed by a board of elections under section 3503.19 of the	4717
Revised Code, that shows the name and address of the elector.	4718

The elector shall mail the identification envelope to the	4719
directorboard of elections from whomwhich it was received in the	4720
return envelope, postage prepaid, or the elector may personally	4721
deliver it to the directoroffice of the board, or the spouse of	4722
the elector, the father, mother, father-in-law, mother-in-law,	4723
grandfather, grandmother, brother, or sister of the whole or half	4724
blood, or the son, daughter, adopting parent, adopted child,	4725
stepparent, stepchild, uncle, aunt, nephew, or niece of the	4726
elector may deliver it to the directorboard. The return envelope	4727
shall be transmitted to the directorboard in no other manner,	4728
except as provided in section 3509.08 of the Revised Code.	4729

When absent voter's ballots are delivered to an elector at	4730
the office of the board, the elector may retire to a voting	4731
compartment provided by the board and there mark the ballots.	4732
Thereupon, the elector shall fold them, place them in the	4733
identification envelope provided, seal the envelope, fill in and	4734
sign the statement on the envelope under penalty of election	4735
falsification, and deliver the envelope to the director of the	4736
board.	4737

Except as otherwise provided in division (B) of this section,	4738
all other envelopes containing marked absent voter's ballots shall	4739
be delivered to the directorboard not later than the close of the	4740
polls on the day of an election. Absent voter's ballots delivered	4741
to the directorboard later than the times specified shall not be	4742
counted, but shall be kept by the board in the sealed	4743
identification envelopes in which they are delivered to the	4744
directorboard, until the time provided by section 3505.31 of the	4745
Revised Code for the destruction of all other ballots used at the	4746
election for which ballots were provided, at which time they shall	4747
be destroyed.	4748

(B)(1) Except as otherwise provided in division (B)(2) of	4749
this section, any return envelope that is postmarked prior to the	4750
day of the election shall be delivered to the directorboard prior	4751
to the eleventh day after the election. Ballots delivered in	4752
envelopes postmarked prior to the day of the election that are	4753
received after the close of the polls on election day through the	4754
tenth day thereafter shall be counted on the eleventh day at the	4755
board of elections in the manner provided in divisions (C) and (D)	4756
of section 3509.06 of the Revised Code. Any such ballots that are	4757
received by the directorboard later than the tenth day following	4758
the election shall not be counted, but shall be kept by the board	4759
in the sealed identification envelopes as provided in division (A)	4760
of this section.	4761

(2) Division (B)(1) of this section shall not apply to any	4762
mail that is postmarked using a postage evidencing system,	4763
including a postage meter, as defined in 39 C.F.R. 501.1.	4764

(C) Upon receipt of any return envelope prior to the eleventh	4765
day after the day of any election, the board of elections shall	4766
open it but shall not open the identification envelope contained	4767
in it. If, upon so opening the return envelope, the board finds	4768
ballots in it that are not enclosed in and properly sealed in the	4769
identification envelope, the board shall not look at the markings	4770
upon the ballots and shall promptly place them in the	4771
identification envelope and promptly seal it. If, upon so opening	4772
the return envelope, the board finds that ballots are enclosed in	4773
the identification envelope but that it is not properly sealed,	4774
the board shall not look at the markings upon the ballots and	4775
shall promptly seal the identification envelope.	4776

Sec. 3509.06.  (A) The board of elections shall determine	4777
whether absent voter's ballots shall be counted in each precinct,	4778
at the office of the board, or at some other location designated	4779
by the board, and shall proceed accordingly under division (B) or	4780
(C) of this section.	4781

(B) When the board of elections determines that absent	4782
voter's ballots shall be counted in each precinct, the director	4783
board shall deliver to the presiding judgevoting location manager	4784
of each precinct on election day identification envelopes	4785
purporting to contain absent voter's ballots of electors whose	4786
voting residence appears from the statement of voter on the	4787
outside of each of those envelopes, to be located in such	4788
presiding judge'sthat manager's precinct, and which were	4789
received by the directorboard not later than the close of the	4790
polls on election day. The directorboard shall deliver to such	4791
presiding judgethe voting location manager a list containing the	4792
name and voting residence of each person whose voting residence is	4793
in such precinct to whom absent voter's ballots were mailed.	4794

(C) When the board of elections determines that absent	4795
voter's ballots shall be counted at the office of the board of	4796
elections or at another location designated by the board, special	4797
election judgesofficials shall be appointed by the board for that	4798
purpose having the same authority as is exercised by precinct	4799
judgeselection officials. The votes so cast shall be added to the	4800
vote totals by the boardfor the precincts in which the applicable	4801
absent voters reside, and the absent voter's ballots shall be	4802
preserved separately by the board, in the same manner and for the	4803
same length of time as provided by section 3505.31 of the Revised	4804
Code.	4805

(D) Each of the identification envelopes purporting to	4806
contain absent voter's ballots delivered to the presiding judge	4807
voting location manager of the precinct or the special judge	4808
election official appointed by the board of elections shall be	4809
handled as follows: The election officials shall compare the	4810
signature of the elector on the outside of the identification	4811
envelope with the signature of that elector on the elector's	4812
registration form and verify that the absent voter's ballot is	4813
eligible to be counted under section 3509.07 of the Revised Code.	4814
Any of the precinct officials may challenge the right of the	4815
elector named on the identification envelope to vote the absent	4816
voter's ballots upon the ground that the signature on the envelope	4817
is not the same as the signature on the registration form, that	4818
the identification envelope statement of voter has not been	4819
completed, or upon any other of the grounds upon which the right	4820
of persons to vote may be lawfully challenged. If no such	4821
challenge is made, or if such a challenge is made and not	4822
sustained, the presiding judgevoting location manager shall open	4823
the envelope without defacing the statement of voter and without	4824
mutilating the ballots in it, and shall remove the ballots	4825
contained in it and proceed to count them.	4826

The name of each person voting who is entitled to vote only	4827
an absent voter's presidential ballot shall be entered in a	4828
pollbook or poll list or signature pollbook followed by the words	4829
"Absentee Presidential Ballot." The name of each person voting an	4830
absent voter's ballot, other than such persons entitled to vote	4831
only a presidential ballot, shall be entered in the pollbook or	4832
poll list or signature pollbook and the person's registration card	4833
marked to indicate that the person has voted.	4834

The date of such election shall also be entered on the	4835
elector's registration form. If any such challenge is made and	4836
sustained, the identification envelope of such elector shall not	4837
be opened, shall be endorsed "Not Counted" with the reasons the	4838
ballots were not counted, and shall be delivered to the board.	4839

(E) Special election judgesofficials, employees or members	4840
of the board of elections, or observers shall not disclose the	4841
count or any portion of the count of absent voter's ballots prior	4842
to the time of the closing of the polling places. No person shall	4843
recklessly disclose the count or any portion of the count of	4844
absent voter's ballots in such a manner as to jeopardize the	4845
secrecy of any individual ballot.	4846

(F) Observers may be appointed under section 3505.21 of the	4847
Revised Code to witness the examination and opening of	4848
identification envelopes and the counting of absent voters'	4849
ballots under this section.	4850

Sec. 3509.07.  If election officials find that the statement	4851
accompanying an absent voter's ballot or absent voter's	4852
presidential ballot is insufficient, that the signatures do not	4853
correspond with the person's registration signature, that the	4854
applicant is not a qualified elector in the precinct, that the	4855
ballot envelope contains more than one ballot of any one kind, or	4856
any voted ballot that the elector is not entitled to vote, that	4857
Stub A is detached fromnot included in the envelope with the	4858
absent voter's ballot or absent voter's presidential ballot, or	4859
that the elector has not included with the elector's ballot any	4860
identification required under section 3509.05 or 3511.09 of the	4861
Revised Code, the vote shall not be accepted or counted. The vote	4862
of any absent voter may be challenged for cause in the same manner	4863
as other votes are challenged, and the election officials shall	4864
determine the legality of that ballot. Every ballot not counted	4865
shall be endorsed on its back "Not Counted" with the reasons the	4866
ballot was not counted, and shall be enclosed and returned to or	4867
retained by the board of elections along with the contested	4868
ballots.	4869

Sec. 3509.08.  (A) Any qualified elector, who, on account of	4870
the elector's own personal illness, physical disability, or	4871
infirmity, or on account of the elector's confinement in a jail or	4872
workhouse under sentence for a misdemeanor or awaiting trial on a	4873
felony or misdemeanor, will be unable to travel from the elector's	4874
home or place of confinement to the voting booth in the elector's	4875
precinct on the day of any general, special, or primary election	4876
may make application in writing for an absent voter's ballot to	4877
the director of the board of elections of the elector's county.	4878
The application shall include all of the information required	4879
under section 3509.03 of the Revised Code and shall state the	4880
nature of the elector's illness, physical disability, or	4881
infirmity, or the fact that the elector is confined in a jail or	4882
workhouse and the elector's resultant inability to travel to the	4883
election booth in the elector's precinct on election day. The	4884
application shall not be valid if it is delivered to the director	4885
board before the ninetieth day or after twelve noon of the third	4886
day before the day of the election at which the ballot is to be	4887
voted.	4888

The absent voter's ballot may be mailed directly to the	4889
applicant at the applicant's voting residence or place of	4890
confinement as stated in the applicant's application, or the board	4891
may designate two board employees belonging to the two major	4892
political parties for the purpose of delivering the ballot to the	4893
disabled or confined elector and returning it to the board, unless	4894
the applicant is confined to a public or private institution	4895
within the county, in which case the board shall designate two	4896
board employees belonging to the two major political parties for	4897
the purpose of delivering the ballot to the disabled or confined	4898
elector and returning it to the board. In all other instances, the	4899
ballot shall be returned to the office of the board in the manner	4900
prescribed in section 3509.05 of the Revised Code.	4901

Any disabled or confined elector who declares to the two	4902
board employees belonging to the two major political parties that	4903
the elector is unable to mark the elector's ballot by reason of	4904
physical infirmity that is apparent to the employees to be	4905
sufficient to incapacitate the voter from marking the elector's	4906
ballot properly, may receive, upon request, the assistance of the	4907
employees in marking the elector's ballot, and they shall	4908
thereafter give no information in regard to this matter. Such	4909
assistance shall not be rendered for any other cause.	4910

When two board employees belonging to the two major political	4911
parties deliver a ballot to a disabled or confined elector, each	4912
of the employees shall be present when the ballot is delivered,	4913
when assistance is given, and when the ballot is returned to the	4914
office of the board, and shall subscribe to the declaration on the	4915
identification envelope.	4916

The secretary of state shall prescribe the form of	4917
application for absent voter's ballots under this division.	4918

This chapter applies to disabled and confined absent voter's	4919
ballots except as otherwise provided in this section.	4920

(B)(1) Any qualified elector who is unable to travel to the	4921
voting booth in the elector's precinct on the day of any general,	4922
special, or primary election may apply to the director of the	4923
board of elections of the county where the elector is a qualified	4924
elector to vote in the election by absent voter's ballot if either	4925
of the following apply:	4926

(a) The elector is confined in a hospital as a result of an	4927
accident or unforeseeable medical emergency occurring before the	4928
election;	4929

(b) The elector's minor child is confined in a hospital as a	4930
result of an accident or unforeseeable medical emergency occurring	4931
before the election.	4932

(2) The application authorized under division (B)(1) of this	4933
section shall be made in writing, shall include all of the	4934
information required under section 3509.03 of the Revised Code,	4935
and shall be delivered to the directorboard not later than three	4936
p.m. on the day of the election. The application shall indicate	4937
the hospital where the applicant or the applicant's child is	4938
confined, the date of the applicant's or the applicant's child's	4939
admission to the hospital, and the offices for which the applicant	4940
is qualified to vote. The applicant may also request that a member	4941
of the applicant's family, as listed in section 3509.05 of the	4942
Revised Code, deliver the absent voter's ballot to the applicant.	4943
The directorboard, after establishing to the director'sboard's	4944
satisfaction the validity of the circumstances claimed by the	4945
applicant, shall supply an absent voter's ballot to be delivered	4946
to the applicant. When the applicant or the applicant's child is	4947
in a hospital in the county where the applicant is a qualified	4948
elector and no request is made for a member of the family to	4949
deliver the ballot, the directorboard shall arrange for the	4950
delivery of an absent voter's ballot to the applicant, and for its	4951
return to the office of the board, by two board employees	4952
belonging to the two major political parties according to the	4953
procedures prescribed in division (A) of this section. When the	4954
applicant or the applicant's child is in a hospital outside the	4955
county where the applicant is a qualified elector and no request	4956
is made for a member of the family to deliver the ballot, the	4957
directorboard shall arrange for the delivery of an absent voter's	4958
ballot to the applicant by mail, and the ballot shall be returned	4959
to the office of the board in the manner prescribed in section	4960
3509.05 of the Revised Code.	4961

(3) Any qualified elector who is eligible to vote under	4962
division (B) or (C) of section 3503.16 of the Revised Code but is	4963
unable to do so because of the circumstances described in division	4964
(B)(2) of this section may vote in accordance with division (B)(1)	4965
of this section if that qualified elector states in the	4966
application for absent voter's ballots that that qualified elector	4967
moved or had a change of name under the circumstances described in	4968
division (B) or (C) of section 3503.16 of the Revised Code and if	4969
that qualified elector complies with divisions (G)(1) to (4) of	4970
section 3503.16 of the Revised Code.	4971

(C) Any qualified elector described in division (A) or (B)(1)	4972
of this section who needs no assistance to vote or to return	4973
absent voter's ballots to the board of elections may apply for	4974
absent voter's ballots under section 3509.03 of the Revised Code	4975
instead of applying for them under this section.	4976

Sec. 3509.09.  (A) The poll list or signature pollbook for	4977
each precinct shall identify each registered elector in that	4978
precinct who has requested an absent voter's ballot for that	4979
election.	4980

(B)(1) If a registered elector appears to vote in that	4981
precinct and that elector has requested an absent voter's ballot	4982
for that election but the directorboard of elections has not	4983
received a sealed identification envelope purporting to contain	4984
that elector's voted absent voter's ballots for that election, the	4985
elector shall be permitted to cast a provisional ballot under	4986
section 3505.181 of the Revised Code in that precinct on the day	4987
of that election.	4988

(2) If a registered elector appears to vote in that precinct	4989
and that elector has requested an absent voter's ballot for that	4990
election and the directorboard has received a sealed	4991
identification envelope purporting to contain that elector's voted	4992
absent voter's ballots for that election, the elector shall be	4993
permitted to cast a provisional ballot under section 3505.181 of	4994
the Revised Code in that precinct on the day of that election.	4995

(C)(1) In counting absent voter's ballots under section	4996
3509.06 of the Revised Code, the board of elections shall compare	4997
the signature of each elector from whom the directorboard has	4998
received a sealed identification envelope purporting to contain	4999
that elector's voted absent voter's ballots for that election to	5000
the signature on that elector's registration form. Except as	5001
otherwise provided in division (C)(3) of this section, if the	5002
board of elections determines that the absent voter's ballot in	5003
the sealed identification envelope is valid, it shall be counted.	5004
If the board of elections determines that the signature on the	5005
sealed identification envelope purporting to contain the elector's	5006
voted absent voter's ballot does not match the signature on the	5007
elector's registration form, the ballot shall be set aside and the	5008
board shall examine, during the time prior to the beginning of the	5009
official canvass, the poll list or signature pollbook from the	5010
precinct in which the elector is registered to vote to determine	5011
if the elector also cast a provisional ballot under section	5012
3505.181 of the Revised Code in that precinct on the day of the	5013
election.	5014

(2) The board of elections shall count the provisional	5015
ballot, instead of the absent voter's ballot, if both of the	5016
following apply:	5017

(a) The board of elections determines that the signature of	5018
the elector on the outside of the identification envelope in which	5019
the absent voter's ballots are enclosed does not match the	5020
signature of the elector on the elector's registration form;	5021

(b) The elector cast a provisional ballot in the precinct on	5022
the day of the election.	5023

(3) If the board of elections does not receive the sealed	5024
identification envelope purporting to contain the elector's voted	5025
absent voter's ballot by the applicable deadline established under	5026
section 3509.05 of the Revised Code, the provisional ballot cast	5027
under section 3505.181 of the Revised Code in that precinct on the	5028
day of the election shall be counted as valid, if that provisional	5029
ballot is otherwise determined to be valid pursuant to section	5030
3505.183 of the Revised Code.	5031

(D) If the board of elections counts a provisional ballot	5032
under division (C)(2) or (3) of this section, the returned	5033
identification envelope of that elector shall not be opened, and	5034
the ballot within that envelope shall not be counted. The	5035
identification envelope shall be endorsed "Not Counted" with the	5036
reason the ballot was not counted.	5037

Sec. 3511.02.  Notwithstanding any section of the Revised	5038
Code to the contrary, whenever any person applies for registration	5039
as a voter on a form adopted in accordance with federal	5040
regulations relating to the "Uniformed and Overseas Citizens	5041
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	5042
this application shall be sufficient for voter registration and as	5043
a request for an absent voter's ballot. Uniformed services or	5044
overseas absent voter's ballots may be obtained by any person	5045
meeting the requirements of section 3511.01 of the Revised Code by	5046
applying electronically to the secretary of state or to the board	5047
of elections of the county in which the person's voting residence	5048
is located in accordance with section 3511.021 of the Revised Code	5049
or by applying to the director of the board of elections of the	5050
county in which the person's voting residence is located, in one	5051
of the following ways:	5052

(A) That person may make written application for those	5053
ballots. The person may personally deliver the application to the	5054
directorboard or may mail it, send it by facsimile machine, or	5055
otherwise send it to the directorboard. The application need not	5056
be in any particular form but shall contain all of the following	5057
information:	5058

(1) The elector's name;

5059

(2) The elector's signature;

5060

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

5061

(4) The elector's date of birth;

5062

(5) One of the following:

5063

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

5064

(b) The last four digits of the elector's social security	5065
number;	5066

(c) A copy of the elector's current and valid photo	5067
identification, a copy of a military identification, or a copy of	5068
a current utility bill, bank statement, government check,	5069
paycheck, or other government document, other than a notice of an	5070
election mailed by a board of elections under section 3501.19 of	5071
the Revised Code or a notice of voter registration mailed by a	5072
board of elections under section 3503.19 of the Revised Code, that	5073
shows the name and address of the elector.	5074

(6) A statement identifying the election for which absent	5075
voter's ballots are requested;	5076

(7) A statement that the person requesting the ballots is a	5077
qualified elector;	5078

(8) A statement that the elector is an absent uniformed	5079
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5080

(9) A statement of the elector's length of residence in the	5081
state immediately preceding the commencement of service,	5082
immediately preceding the date of leaving to be with or near the	5083
service member, or immediately preceding leaving the United	5084
States, whichever is applicable;	5085

(10) If the request is for primary election ballots, the	5086
elector's party affiliation;	5087

(11) If the elector desires ballots to be mailed to the	5088
elector, the address to which those ballots shall be mailed;	5089

(12) If the elector desires ballots to be sent to the elector	5090
by facsimile machine, the telephone number to which they shall be	5091
so sent.	5092

(B) A voter or any relative of a voter listed in division (C)	5093
of this section may use a single federal post card application to	5094
apply for uniformed services or overseas absent voter's ballots	5095
for use at the primary and general elections in a given year and	5096
any special election to be held on the day in that year specified	5097
by division (E) of section 3501.01 of the Revised Code for the	5098
holding of a primary election, designated by the general assembly	5099
for the purpose of submitting constitutional amendments proposed	5100
by the general assembly to the voters of the state. A single	5101
federal postcard application shall be processed by the board of	5102
elections pursuant to section 3511.04 of the Revised Code the same	5103
as if the voter had applied separately for uniformed services or	5104
overseas absent voter's ballots for each election.	5105

(C) Application to have uniformed services or overseas absent	5106
voter's ballots mailed or sent by facsimile machine to such a	5107
person may be made by the spouse, father, mother, father-in-law,	5108
mother-in-law, grandfather, grandmother, brother or sister of the	5109
whole blood or half blood, son, daughter, adopting parent, adopted	5110
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	5111
such a person. The application shall be in writing upon a blank	5112
form furnished only by the directorboard of elections or on a	5113
single federal post card as provided in division (B) of this	5114
section. The form of the application shall be prescribed by the	5115
secretary of state. The directorboard shall furnish that blank	5116
form to any of the relatives specified in this division desiring	5117
to make the application, only upon the request of such a relative	5118
made in person at the office of the board or upon the written	5119
request of such a relative mailed to the office of the board. The	5120
application, subscribed and sworn to by the applicant, shall	5121
contain all of the following:	5122

(1) The full name of the elector for whom ballots are	5123
requested;	5124

(2) A statement that the elector is an absent uniformed	5125
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	5126

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

5127

(4) A statement identifying the elector's length of residence	5128
in the state immediately preceding the commencement of service,	5129
immediately preceding the date of leaving to be with or near a	5130
service member, or immediately preceding leaving the United	5131
States, as the case may be;	5132

(5) The elector's date of birth;

5133

(6) One of the following:

5134

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

5135

(b) The last four digits of the elector's social security	5136
number;	5137

(c) A copy of the elector's current and valid photo	5138
identification, a copy of a military identification, or a copy of	5139
a current utility bill, bank statement, government check,	5140
paycheck, or other government document, other than a notice of an	5141
election mailed by a board of elections under section 3501.19 of	5142
the Revised Code or a notice of voter registration mailed by a	5143
board of elections under section 3503.19 of the Revised Code, that	5144
shows the name and address of the elector.	5145

(7) A statement identifying the election for which absent	5146
voter's ballots are requested;	5147

(8) A statement that the person requesting the ballots is a	5148
qualified elector;	5149

(9) If the request is for primary election ballots, the	5150
elector's party affiliation;	5151

(10) A statement that the applicant bears a relationship to	5152
the elector as specified in division (C) of this section;	5153

(11) The address to which ballots shall be mailed or the	5154
telephone number to which ballots shall be sent by facsimile	5155
machine;	5156

(12) The signature and address of the person making the	5157
application.	5158

Each application for uniformed services or overseas absent	5159
voter's ballots shall be delivered to the directorboard not	5160
earlier than the first day of January of the year of the elections	5161
for which the uniformed services or overseas absent voter's	5162
ballots are requested or not earlier than ninety days before the	5163
day of the election at which the ballots are to be voted,	5164
whichever is earlier, and not later than twelve noon of the third	5165
day preceding the day of the election, or not later than the close	5166
of regular business hours on the day before the day of the	5167
election at which those ballots are to be voted if the application	5168
is delivered in person to the office of the board.	5169

(D) If the voter for whom the application is made is entitled	5170
to vote for presidential and vice-presidential electors only, the	5171
applicant shall submit to the directorboard in addition to the	5172
requirements of divisions (A), (B), and (C) of this section, a	5173
statement to the effect that the voter is qualified to vote for	5174
presidential and vice-presidential electors and for no other	5175
offices.	5176

Sec. 3511.04.  (A) If a director of a board of elections	5177
receives an application for uniformed services or overseas absent	5178
voter's ballots that does not contain all of the required	5179
information, the directorboard promptly shall notify the	5180
applicant of the additional information required to be provided by	5181
the applicant to complete that application.	5182

(B) Not later than the forty-fifth day before the day of each	5183
general or primary election, and at the earliest possible time	5184
before the day of a special election held on a day other than the	5185
day on which a general or primary election is held, the director	5186
of the board of elections shall mail, send by facsimile machine,	5187
or otherwise send uniformed services or overseas absent voter's	5188
ballots then ready for use as provided for in section 3511.03 of	5189
the Revised Code and for which the directorboard has received	5190
valid applications prior to that time. Thereafter, and until	5191
twelve noon of the third day preceding the day of election, the	5192
directorboard shall promptly, upon receipt of valid applications	5193
for them, mail, send by facsimile machine, or otherwise send to	5194
the proper persons all uniformed services or overseas absent	5195
voter's ballots then ready for use.	5196

If, after the seventieth day before the day of a general or	5197
primary election, any other question, issue, or candidacy is	5198
lawfully ordered submitted to the electors voting at the general	5199
or primary election, the board shall promptly provide a separate	5200
official issue, special election, or other election ballot for	5201
submitting the question, issue, or candidacy to those electors,	5202
and the director shall promptly mail or send by facsimile machine	5203
each such separate ballot to each person to whom the director	5204
board has previously mailed or sent by facsimile machine other	5205
uniformed services or overseas absent voter's ballots.	5206

In mailing uniformed services or overseas absent voter's	5207
ballots, the directorboard shall use the fastest mail service	5208
available, but the directorboard shall not mail them by certified	5209
mail.	5210

Sec. 3511.05.  (A) The director of the board of elections	5211
shall place uniformed services or overseas absent voter's ballots	5212
sent by mail in an unsealed identification envelope, gummed ready	5213
for sealing. The directorboard shall include with uniformed	5214
services or overseas absent voter's ballots sent electronically,	5215
including by facsimile machine, an instruction sheet for preparing	5216
a gummed envelope in which the ballots shall be returned. The	5217
envelope for returning ballots sent by either means shall have	5218
printed or written on its face a form substantially as follows:	5219

"Identification Envelope Statement of Voter	5220

I, ........................(Name of voter), declare under	5221
penalty of election falsification that the within ballot or	5222
ballots contained no voting marks of any kind when I received	5223
them, and I caused the ballot or ballots to be marked, enclosed in	5224
the identification envelope, and sealed in that envelope.	5225

My voting residence in Ohio is

5226

...................................................................	5227

(Street and Number, if any, or Rural Route and Number)	5228

of ................................ (City, Village, or Township)	5229
Ohio, which is in Ward ............... Precinct ................	5230
in that city, village, or township.	5231

The primary election ballots, if any, within this envelope	5232
are primary election ballots of the ............. Party.	5233

Ballots contained within this envelope are to be voted at the	5234
.......... (general, special, or primary) election to be held on	5235
the .......................... day of ......................, ....	5236

My date of birth is ............... (Month and Day),	5237
.......... (Year).	5238

(Voter must provide one of the following:)

5239

My driver's license number is ............... (Driver's	5240
license number).	5241

The last four digits of myMy Social Security Number areis	5242
............... (Last four digits of Social Security Number).	5243

...... In lieu of providing a driver's license number or the	5244
last four digits of my Social Security Number, I am enclosing a	5245
copy of one of the following in the return envelope in which this	5246
identification envelope will be mailed: a current and valid photo	5247
identification, a military identification, or a current utility	5248
bill, bank statement, government check, paycheck, or other	5249
government document, other than a notice of an election mailed by	5250
a board of elections under section 3501.19 of the Revised Code or	5251
a notice of voter registration mailed by a board of elections,	5252
that shows my name and address.	5253

I hereby declare, under penalty of election falsification,	5254
that the statements above are true, as I verily believe.	5255

			5256
	(Signature of Voter)		5257

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5258
THE FIFTH DEGREE."	5259

(B) The directorboard shall also mail with the ballots and	5260
the unsealed identification envelope sent by mail an unsealed	5261
return envelope, gummed, ready for sealing, for use by the voter	5262
in returning the voter's marked ballots to the directorboard. The	5263
directorboard shall send with the ballots and the instruction	5264
sheet for preparing a gummed envelope sent electronically,	5265
including by facsimile machine, an instruction sheet for preparing	5266
a second gummed envelope as described in this division, for use by	5267
the voter in returning that voter's marked ballots to the director	5268
board. The return envelope shall have two parallel lines, each one	5269
quarter of an inch in width, printed across its face paralleling	5270
the top, with an intervening space of one quarter of an inch	5271
between such lines. The top line shall be one and one-quarter	5272
inches from the top of the envelope. Between the parallel lines	5273
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	5274
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	5275
lines shall be printed in the upper left corner on the face of the	5276
envelope for the use by the voter in placing the voter's complete	5277
military, naval, or mailing address on these lines, and beneath	5278
these lines there shall be printed a box beside the words "check	5279
if out-of-country." The voter shall check this box if the voter	5280
will be outside the United States on the day of the election. The	5281
official title and the post-office address of the directorboard	5282
to whomwhich the envelope shall be returned shall be printed on	5283
the face of such envelope in the lower right portion below the	5284
bottom parallel line.	5285

(C) On the back of each identification envelope and each	5286
return envelope shall be printed the following:	5287

"Instructions to voter:	5288

If the flap on this envelope is so firmly stuck to the back	5289
of the envelope when received by you as to require forcible	5290
opening in order to use it, open the envelope in the manner least	5291
injurious to it, and, after marking your ballots and enclosing	5292
same in the envelope for mailing them to the director of the board	5293
of elections, reclose the envelope in the most practicable way, by	5294
sealing or otherwise, and sign the blank form printed below.	5295

The flap on this envelope was firmly stuck to the back of the	5296
envelope when received, and required forced opening before sealing	5297
and mailing.	5298

			5299
	(Signature of voter)"		5300

(D) Division (C) of this section does not apply when absent	5301
voter's ballots are sent electronically, including by facsimile	5302
machine.	5303

Sec. 3511.06.  The return envelope provided for in section	5304
3511.05 of the Revised Code shall be of such size that the	5305
identification envelope can be conveniently placed within it for	5306
returning the identification envelope to the directorboard of	5307
elections. The envelope in which the two envelopes and the	5308
uniformed services or overseas absent voter's ballots are mailed	5309
to the elector shall have two parallel lines, each one quarter of	5310
an inch in width, printed across its face, paralleling the top,	5311
with an intervening space of one-quarter of an inch between such	5312
lines. The top line shall be one and one-quarter inches from the	5313
top of the envelope. Between the parallel lines shall be printed:	5314
"official uniformed services or overseas absent voter's balloting	5315
material--via air mail." The appropriate return address of the	5316
director of the board of elections shall be printed in the upper	5317
left corner on the face of such envelope. Several blank lines	5318
shall be printed on the face of such envelope in the lower right	5319
portion, below the bottom parallel line, for writing in the name	5320
and address of the elector to whom such envelope is mailed.	5321

Sec. 3511.07.  When mailing unsealed identification envelopes	5322
and unsealed return envelopes to persons, the director of the	5323
board of elections shall insert a sheet of waxed paper or other	5324
appropriate insert between the gummed flap and the back of each of	5325
such envelopes to minimize the possibility that the flap may	5326
become firmly stuck to the back of the envelope by reason of	5327
moisture, humid atmosphere, or other conditions to which they may	5328
be subjected. If the flap on either of such envelopes should be so	5329
firmly stuck to the back of the envelope when it is received by	5330
the voter as to require forcible opening of the envelope in order	5331
to use it, the voter shall open such envelope in the manner least	5332
injurious to it, and, after marking histhe voter's ballots and	5333
enclosing them in the envelope for mailing to the directorboard,	5334
hethe voter shall reclose such envelope in the most practicable	5335
way, by sealing it or otherwise, and shall sign the blank form	5336
printed on the back of such envelope.	5337

Sec. 3511.08.  The director of the board of elections shall	5338
keep a record of the name and address of each person to whom the	5339
directorboard mails or delivers uniformed services or overseas	5340
absent voter's ballots, the kinds of ballots so mailed or	5341
delivered, and the name and address of the person who made the	5342
application for such ballots. After the directorboard has mailed	5343
or delivered such ballots, the directorboard shall not mail or	5344
deliver additional ballots of the same kind to such person	5345
pursuant to a subsequent request unless such subsequent request	5346
contains the statement that an earlier request had been sent to	5347
the directorboard prior to the thirtieth day before the election	5348
and that the uniformed services or overseas absent voter's ballots	5349
so requested had not been received by such person prior to the	5350
fifteenth day before the election, and provided that the director	5351
board has not received an identification envelope purporting to	5352
contain marked uniformed services or overseas absent voter's	5353
ballots from such person.	5354

Sec. 3511.09.  Upon receiving uniformed services or overseas	5355
absent voter's ballots, the elector shall cause the questions on	5356
the face of the identification envelope to be answered, and, by	5357
writing the elector's usual signature in the proper place on the	5358
identification envelope, the elector shall declare under penalty	5359
of election falsification that the answers to those questions are	5360
true and correct to the best of the elector's knowledge and	5361
belief. Then, the elector shall note whether there are any voting	5362
marks on the ballot. If there are any voting marks, the ballot	5363
shall be returned immediately to the board of elections;	5364
otherwise, the elector shall cause the ballot to be marked, folded	5365
separately so as to conceal the markings on it, deposited in the	5366
identification envelope, and securely sealed in the identification	5367
envelope. The elector then shall cause the identification envelope	5368
to be placed within the return envelope, sealed in the return	5369
envelope, and mailed to the director of the board of elections to	5370
whomwhich it is addressed, postage prepaid. If the elector does	5371
not provide the elector's driver's license number or the last four	5372
digits of the elector's social security number on the statement of	5373
voter on the identification envelope, the elector also shall	5374
include in the return envelope with the identification envelope a	5375
copy of the elector's current valid photo identification, a copy	5376
of a military identification, or a copy of a current utility bill,	5377
bank statement, government check, paycheck, or other government	5378
document, other than a notice of an election mailed by a board of	5379
elections under section 3501.19 of the Revised Code or a notice of	5380
voter registration mailed by a board of elections under section	5381
3503.19 of the Revised Code, that shows the name and address of	5382
the elector. Each elector who will be outside the United States on	5383
the day of the election shall check the box on the return envelope	5384
indicating this fact and shall mail the return envelope to the	5385
directorboard prior to the close of the polls on election day.	5386

Every uniformed services or overseas absent voter's ballot	5387
identification envelope shall be accompanied by the following	5388
statement in boldface capital letters: WHOEVER COMMITS ELECTION	5389
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5390

Sec. 3511.10.  If, on or after the thirty-fifthsixteenth day	5391
andbefore the day of a general or primary election through six	5392
p.m. on the last Friday before the close of the polls on the day	5393
of a general or primarythat election, a valid application for	5394
uniformed services or overseas absent voter's ballots is delivered	5395
to the director of the office of the board of elections at the	5396
office of the board by a person making the application on the	5397
person's own behalf, the directorboard shall forthwith deliver to	5398
the person all uniformed services or overseas absent voter's	5399
ballots then ready for use, together with an identification	5400
envelope. The person shall then immediately retire to a voting	5401
booth in the office of the board, and mark the ballots. The person	5402
shall then fold each ballot separately so as to conceal the	5403
person's markings thereon, and deposit all of the ballots in the	5404
identification envelope and securely seal it. Thereupon the person	5405
shall fill in answers to the questions on the face of the	5406
identification envelope, and by writing the person's usual	5407
signature in the proper place thereon, the person shall declare	5408
under penalty of election falsification that the answers to those	5409
questions are true and correct to the best of that person's	5410
knowledge and belief. The person shall then deliver the	5411
identification envelope to the directorboard. If thereafter, and	5412
before the third day preceding such election, the board provides	5413
additional separate official issue or special election ballots, as	5414
provided for in section 3511.04 of the Revised Code, the director	5415
board shall promptly, and not later than twelve noon of the third	5416
day preceding the day of election, mail such additional ballots to	5417
such person at the address specified by that person for that	5418
purpose.	5419

In the event any person serving in the armed forces of the	5420
United States is discharged after the closing date of	5421
registration, and that person or that person's spouse, or both,	5422
meets all the other qualifications set forth in section 3511.01 of	5423
the Revised Code, the person or spouse shall be permitted to vote	5424
prior to the date of the election in the office of the board in	5425
the person's or spouse's county, as set forth in this section.	5426

Sec. 3511.11.  (A) Upon receipt of any return envelope	5427
bearing the designation "Official Election Uniformed Services or	5428
Overseas Absent Voter's Ballot" prior to the eleventh day after	5429
the day of any election, the director of the board of elections	5430
shall open it but shall not open the identification envelope	5431
contained in it. If, upon so opening the return envelope, the	5432
directorboard finds ballots in it that are not enclosed in and	5433
properly sealed in the identification envelope, the directorboard	5434
shall not look at the markings upon the ballots and shall promptly	5435
place them in the identification envelope and promptly seal it.	5436
If, upon so opening the return envelope, the directorboard finds	5437
that ballots are enclosed in the identification envelope but that	5438
it is not properly sealed, the directorboard shall not look at	5439
the markings upon the ballots and shall promptly seal the	5440
identification envelope.	5441

(B) Uniformed services or overseas absent voter's ballots	5442
delivered to the directorboard not later than the close of the	5443
polls on election day shall be counted in the manner provided in	5444
section 3509.06 of the Revised Code.	5445

(C) A return envelope that indicates that the voter will be	5446
outside of the United States on the day of an election is not	5447
required to be postmarked in order for a uniformed services or	5448
overseas absent voter's ballot contained in it to be valid. Except	5449
as otherwise provided in this division, whether or not the return	5450
envelope containing the ballot is postmarked or contains an	5451
illegible postmark, a uniformed services or overseas absent	5452
voter's ballot that is received after the close of the polls on	5453
election day through the tenth day after the election day and that	5454
is delivered in a return envelope that indicates that the voter	5455
will be outside the United States on the day of the election shall	5456
be counted on the eleventh day after the election day at the	5457
office of the board of elections in the manner provided in	5458
divisions (C) and (D) of section 3509.06 of the Revised Code.	5459
However, if a return envelope containing a uniformed services or	5460
overseas absent voter's ballot is so received and so indicates,	5461
but it is postmarked, or the identification envelope in it is	5462
signed, after the close of the polls on election day, the	5463
uniformed services or overseas absent voter's ballot shall not be	5464
counted.	5465

(D)(1) Except as otherwise provided in division (D)(2) of	5466
this section, any return envelope containing a uniformed services	5467
or overseas absent voter's ballot that is postmarked within the	5468
United States prior to the day of the election shall be delivered	5469
to the directorboard prior to the eleventh day after the	5470
election. Uniformed services or overseas absent voter's ballots	5471
delivered in envelopes postmarked prior to the day of the election	5472
that are received after the close of the polls on election day	5473
through the tenth day thereafter shall be counted on the eleventh	5474
day at the board of elections in the manner provided in divisions	5475
(C) and (D) of section 3509.06 of the Revised Code. Any such	5476
ballots that are received by the directorboard later than the	5477
tenth day following the election shall not be counted, but shall	5478
be kept by the board in the sealed identification envelopes as	5479
provided in division (A) of this section.	5480

(2) Division (D)(1) of this section shall not apply to any	5481
mail that is postmarked using a postage evidencing system,	5482
including a postage meter, as defined in 39 C.F.R. 501.1.	5483

(E) The following types of uniformed services or overseas	5484
absent voter's ballots shall not be counted:	5485

(1) Uniformed services or overseas absent voter's ballots	5486
contained in return envelopes that bear the designation "Official	5487
Election Uniformed Services or Overseas Absent Voter's Ballots,"	5488
that are received by the directorboard after the close of the	5489
polls on the day of the election, and that either are postmarked,	5490
or contain an identification envelope that is signed, on or after	5491
election day;	5492

(2) Uniformed services or overseas absent voter's ballots	5493
contained in return envelopes that bear that designation, that do	5494
not indicate they are from voters who will be outside the United	5495
States on the day of the election, and that are received after the	5496
tenth day following the election;	5497

(3) Uniformed services or overseas absent voter's ballots	5498
contained in return envelopes that bear that designation, that are	5499
received by the directorboard within ten days after the day of	5500
the election, and that were postmarked before the day of the	5501
election using a postage evidencing system, including a postage	5502
meter, as defined in 39 C.F.R. 501.1.	5503

The uncounted ballots shall be preserved in their	5504
identification envelopes unopened until the time provided by	5505
section 3505.31 of the Revised Code for the destruction of all	5506
other ballots used at the election for which ballots were	5507
provided, at which time they shall be destroyed.	5508

Sec. 3511.13. (A) The poll list or signature pollbook for	5509
each precinct shall identify each registered elector in that	5510
precinct who has requested a uniformed services or overseas absent	5511
voter's ballot for that election.	5512

(B)(1) If a registered elector appears to vote in that	5513
precinct and that elector has requested a uniformed services or	5514
overseas absent voter's ballot for that election but the director	5515
board of elections has not received a sealed identification	5516
envelope purporting to contain that elector's voted uniformed	5517
services or overseas absent voter's ballots for that election, the	5518
elector shall be permitted to cast a provisional ballot under	5519
section 3505.181 of the Revised Code in that precinct on the day	5520
of that election.	5521

(2) If a registered elector appears to vote in that precinct	5522
and that elector has requested a uniformed services or overseas	5523
absent voter's ballot for that election and the directorboard has	5524
received a sealed identification envelope purporting to contain	5525
that elector's voted uniformed services or overseas absent voter's	5526
ballots for that election, the elector shall be permitted to cast	5527
a provisional ballot under section 3505.181 of the Revised Code in	5528
that precinct on the day of that election.	5529

(C)(1) In counting uniformed services or overseas absent	5530
voter's ballots under section 3511.11 of the Revised Code, the	5531
board of elections shall compare the signature of each elector	5532
from whom the directorboard has received a sealed identification	5533
envelope purporting to contain that elector's voted uniformed	5534
services or overseas absent voter's ballots for that election to	5535
the signature on the elector's registration form. Except as	5536
otherwise provided in division (C)(3) of this section, if the	5537
board of elections determines that the uniformed services or	5538
overseas absent voter's ballot in the sealed identification	5539
envelope is valid, it shall be counted. If the board of elections	5540
determines that the signature on the sealed identification	5541
envelope purporting to contain the elector's voted uniformed	5542
services or overseas absent voter's ballot does not match the	5543
signature on the elector's registration form, the ballot shall be	5544
set aside and the board shall examine, during the time prior to	5545
the beginning of the official canvass, the poll list or signature	5546
pollbook from the precinct in which the elector is registered to	5547
vote to determine if the elector also cast a provisional ballot	5548
under section 3505.181 of the Revised Code in that precinct on the	5549
day of the election.	5550

(2) The board of elections shall count the provisional	5551
ballot, instead of the uniformed services or overseas absent	5552
voter's ballot, of an elector from whom the directorboard has	5553
received an identification envelope purporting to contain that	5554
elector's voted uniformed services or overseas absent voter's	5555
ballots, if both of the following apply:	5556

(a) The board of elections determines that the signature of	5557
the elector on the outside of the identification envelope in which	5558
the uniformed services or overseas absent voter's ballots are	5559
enclosed does not match the signature of the elector on the	5560
elector's registration form;	5561

(b) The elector cast a provisional ballot in the precinct on	5562
the day of the election.	5563

(3) If the board of elections does not receive the sealed	5564
identification envelope purporting to contain the elector's voted	5565
uniformed services or overseas absent voter's ballot by the	5566
applicable deadline established under section 3511.11 of the	5567
Revised Code, the provisional ballot cast under section 3505.181	5568
of the Revised Code in that precinct on the day of the election	5569
shall be counted as valid, if that provisional ballot is otherwise	5570
determined to be valid pursuant to section 3505.183 of the Revised	5571
Code.	5572

(D) If the board of elections counts a provisional ballot	5573
under division (C)(2) or (3) of this section, the returned	5574
identification envelope of that elector shall not be opened, and	5575
the ballot within that envelope shall not be counted. The	5576
identification envelope shall be endorsed "Not Counted" with the	5577
reason the ballot was not counted.	5578

Sec. 3511.14. A board of elections shall accept and process	5579
federal write-in ballots for all federal, state, and local	5580
elections conducted in any year as required under "The Uniformed	5581
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,	5582
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	5583

Sec. 3513.02.  If, in any odd-numbered year, no valid	5584
declaration of candidacy is filedcandidate is certified to appear	5585
on the ballot for nomination as a candidate of a political party	5586
for election to any of the offices to be voted for at the general	5587
election to be held in such year, or if the number of persons	5588
filing such declarations of candidacycertified as candidates to	5589
appear on the ballot for nominationsnomination as candidates of	5590
one political party for election to such offices does not exceed,	5591
as to any such office, the number of candidates which such	5592
political party is entitled to nominate as its candidates for	5593
election to such office, then no primary election shall be held	5594
for the purpose of nominating party candidates of such party for	5595
election to offices to be voted for at such general election and	5596
no primary ballots shall be provided for such party. If, however,	5597
the only office for which there are more valid declarations of	5598
candidacy filedcandidates certified to appear on the ballot than	5599
the number to be nominated by a political party, is the office of	5600
councilperson in a ward, a primary election shall be held for such	5601
party only in the ward or wards in which there is a contest, and	5602
only the names of the candidates for the office of councilperson	5603
in such ward shall appear on the primary ballot of such political	5604
party.	5605

The election officials whose duty it would have been to	5606
provide for and conduct the holding of such primary election,	5607
declare the results thereof, and issue certificates of nomination	5608
to the persons entitled thereto if such primary election had been	5609
held shall declare each of such persons to be nominated as of the	5610
date of the ninetieth day before the primary election, issue	5611
appropriate certificates of nomination to each of them, and	5612
certify their names to the proper election officials, in order	5613
that their names may be printed on the official ballots provided	5614
for use in the succeeding general election in the same manner as	5615
though such primary election had been held and such persons had	5616
been nominated at such election.	5617

Sec. 3513.131.  In the event two or more persons with	5618
identical surnames run for the same office in a primary election	5619
on the same ballot, the names of the candidates shall be	5620
differentiated on the ballot by varying combinations of first and	5621
middle names and initials. Within twenty-four hours after the	5622
final date for filing declarations of candidacy or petitions for	5623
candidacy, the director of the board of elections for local,	5624
municipal, county, general, or special elections, or the director	5625
of the board of elections of the most populous county for	5626
district, general, or special elections, or the secretary of state	5627
for state-wide general and special elections shall notify the	5628
persons with identical given names and surnames that the names of	5629
such persons will be differentiated on the ballot. If one of the	5630
candidates is an incumbent who is a candidate to succeed himself	5631
self for the office hethe incumbent occupies, hethe incumbent	5632
shall have first choice of the name by which hethe incumbent is	5633
designated on the ballot. If an incumbent does not make a choice	5634
within two days after notification or if none of the candidates is	5635
an incumbent, the board of elections within three days after	5636
notification shall designate the names by which the candidates are	5637
identified on the ballot. In case of a district candidate the	5638
board of elections in the most populous county shall make the	5639
determination. In case of state-wide candidates, or in the case	5640
any board of elections fails to make a designation within three	5641
days after notification, the secretary of state shall immediately	5642
make the determination.	5643

"Notification" as required by this section shall be by the	5644
director of the board of elections or secretary of state by	5645
special delivery or telegramcertified mail at the candidate's	5646
address listed in histhe candidate's declaration or petition of	5647
candidacy.	5648

Sec. 3513.19.  (A) It is the duty of any judge of elections	5649
precinct election official, whenever any judge of electionssuch	5650
official doubts that a person attempting to vote at a primary	5651
election is legally entitled to vote at that election, to	5652
challenge the right of that person to vote. The right of a person	5653
to vote at a primary election may be challenged upon the following	5654
grounds:	5655

(1) That the person whose right to vote is challenged is not	5656
a legally qualified elector;	5657

(2) That the person has received or has been promised some	5658
valuable reward or consideration for the person's vote;	5659

(3) That the person is not affiliated with or is not a member	5660
of the political party whose ballot the person desires to vote.	5661
Such party affiliation shall be determined by examining the	5662
elector's voting record for the current year and the immediately	5663
preceding two calendar years as shown on the voter's registration	5664
card, using the standards of affiliation specified in the seventh	5665
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	5666
of this section and the seventh paragraph of section 3513.05 of	5667
the Revised Code do not prohibit a person who holds an elective	5668
office for which candidates are nominated at a party primary	5669
election from doing any of the following:	5670

(a) If the person voted as a member of a different political	5671
party at any primary election within the current year and the	5672
immediately preceding two calendar years, being a candidate for	5673
nomination at a party primary held during the times specified in	5674
division (C)(2) of section 3513.191 of the Revised Code provided	5675
that the person complies with the requirements of that section;	5676

(b) Circulating the person's own petition of candidacy for	5677
party nomination in the primary election.	5678

(B) When the right of a person to vote is challenged upon the	5679
ground set forth in division (A)(3) of this section, membership in	5680
or political affiliation with a political party shall be	5681
determined by the person's statement, made under penalty of	5682
election falsification, that the person desires to be affiliated	5683
with and supports the principles of the political party whose	5684
primary ballot the person desires to vote.	5685

Sec. 3513.21.  At the close of the polls in a primary	5686
election, the judges ofprecinct election officials shall proceed	5687
without delay to canvass the vote, sign and seal it, and make	5688
returns thereof to the board of elections forthwith on the forms	5689
to be provided by the board. The provisions of Title XXXV of the	5690
Revised Code relating to the accounting for and return of all	5691
ballots at general elections apply to primary ballots.	5692

If there is any disagreement as to how a ballot should be	5693
counted it shall be submitted to all of the judgesprecinct	5694
election officials. If three of the judgesprecinct election	5695
officials do not agree as to how any part of the ballot shall be	5696
counted, that part of such ballot which three of the judges	5697
officials do agree shall be counted and a notation made upon the	5698
ballot indicating what part has not been counted, and shall be	5699
placed in an envelope provided for that purpose, marked "Disputed	5700
Ballots" and returned to the board.	5701

The board shall, on the day when the vote is canvassed, open	5702
such sealed envelopes, determine what ballots and for whom they	5703
should be counted, and proceed to count and tally the votes on	5704
such ballots.	5705

Sec. 3513.30.  (A)(1) If only one valid declaration of	5706
candidacy is filed for nomination as a candidate of a political	5707
party for an office and that candidate dies prior to the tenth day	5708
before the primary election, both of the following may occur:	5709

(a) The political party whose candidate died may fill the	5710
vacancy so created as provided in division (A)(2) of this section.	5711

(b) Any major political party other than the one whose	5712
candidate died may select a candidate as provided in division	5713
(A)(2) of this section under either of the following	5714
circumstances:	5715

(i) No person has filed a valid declaration of candidacy for	5716
nomination as that party's candidate at the primary election.	5717

(ii) Only one person has filed a valid declaration of	5718
candidacy for nomination as that party's candidate at the primary	5719
election, that person has withdrawn, died, or been disqualified	5720
under section 3513.052 of the Revised Code, and the vacancy so	5721
created has not been filled.	5722

(2) A vacancy may be filled under division (A)(1)(a) and a	5723
selection may be made under division (A)(1)(b) of this section by	5724
the appropriate committee of the political party in the same	5725
manner as provided in divisions (A) to (E) of section 3513.31 of	5726
the Revised Code for the filling of similar vacancies created by	5727
withdrawals or disqualifications under section 3513.052 of the	5728
Revised Code after the primary election, except that the	5729
certification required under that section may not be filed with	5730
the secretary of state, or with a board of the most populous	5731
county of a district, or with the board of a county in which the	5732
major portion of the population of a subdivision is located, later	5733
than four p.m. of the tenth day before the day of such primary	5734
election, or with any other board later than four p.m. of the	5735
fifth day before the day of such primary election.	5736

(3) If only one valid declaration of candidacy is filed for	5737
nomination as a candidate of a political party for an office and	5738
that candidate dies on or after the tenth day before the day of	5739
the primary election, that candidate is considered to have	5740
received the nomination of that candidate's political party at	5741
that primary election, and, for purposes of filling the vacancy so	5742
created, that candidate's death shall be treated as if that	5743
candidate died on the day after the day of the primary election.	5744

(B) Any person filing a declaration of candidacy may withdraw	5745
as such candidate at any time prior to the primary election. The	5746
withdrawal shall be effected and the statement of withdrawal shall	5747
be filed in accordance with the procedures prescribed in division	5748
(D) of this section for the withdrawal of persons nominated in a	5749
primary election or by nominating petition.	5750

(C) A person who is named the first choice for president of	5751
the United States by a candidate for delegate or alternate to a	5752
national convention of a political party may withdraw consent for	5753
the selection of the person as such first choice no later than	5754
four p.m. of the fortieth day before the day of the presidential	5755
primary election. Withdrawal of consent shall be for the entire	5756
slate of candidates for delegates and alternates who named such	5757
person as their presidential first choice and shall constitute	5758
withdrawal from the primary election by such delegates and	5759
alternates. The withdrawal shall be made in writing and delivered	5760
to the secretary of state. If the withdrawal is delivered to the	5761
secretary of state on or before the seventieth day before the day	5762
of the primary election, the boards of elections shall remove both	5763
the name of the withdrawn first choice and the names of such	5764
withdrawn candidates from the ballots according to the directions	5765
of the secretary of state. If the withdrawal is delivered to the	5766
secretary of state after the seventieth day before the day of the	5767
primary election, the board of elections shall not remove the name	5768
of the withdrawn first choice and the names of the withdrawn	5769
candidates from the ballots. The board of elections shall post a	5770
notice at each polling location on the day of the primary	5771
election, and shall enclose with each absent voter's ballot given	5772
or mailed after the candidate withdraws, a notice that votes for	5773
the withdrawn first choice or the withdrawn candidates will be	5774
void and will not be counted. If such names are not removed from	5775
all ballots before the day of the election, the votes for the	5776
withdrawn first choice or the withdrawn candidates are void and	5777
shall not be counted.	5778

(D) Any person nominated in a primary election or by	5779
nominating petition as a candidate for election at the next	5780
general election may withdraw as such candidate at any time prior	5781
to the general election. Such withdrawal may be effected by the	5782
filing of a written statement by such candidate announcing the	5783
candidate's withdrawal and requesting that the candidate's name	5784
not be printed on the ballots. If such candidate's declaration of	5785
candidacy or nominating petition was filed with the secretary of	5786
state, the candidate's statement of withdrawal shall be addressed	5787
to and filed with the secretary of state. If such candidate's	5788
declaration of candidacy or nominating petition was filed with a	5789
board of elections, the candidate's statement of withdrawal shall	5790
be addressed to and filed with such board.	5791

(E) When a person withdraws under division (B) or (D) of this	5792
section on or before the seventieth day before the day of the	5793
primary election at which the person's candidacy is to appear on	5794
the ballot, the board of elections shall remove the name of the	5795
withdrawn candidate from the ballots according to the directions	5796
of the secretary of state. When a person withdraws under division	5797
(B) or (D) of this section after the seventieth day before the day	5798
of the primary election at which the person's candidacy is to	5799
appear on the ballot, the board of elections shall not remove the	5800
name of the withdrawn candidate from the ballots. The board of	5801
elections shall post a notice at each polling place on the day of	5802
the primary election, and shall enclose with each absent voter's	5803
ballot given or mailed after the candidate withdraws, a notice	5804
that votes for the withdrawn candidate will be void and will not	5805
be counted. If the name is not removed from all ballots before the	5806
day of the election, the votes for the withdrawn candidate are	5807
void and shall not be counted.	5808

Sec. 3513.31.  (A) If a person nominated in a primary	5809
election as a candidate for election at the next general election,	5810
whose candidacy is to be submitted to the electors of the entire	5811
state, withdraws as that candidate or is disqualified as that	5812
candidate under section 3513.052 of the Revised Code, the vacancy	5813
in the party nomination so created may be filled by the state	5814
central committee of the major political party that made the	5815
nomination at the primary election, if the committee's chairperson	5816
and secretary certify the name of the person selected to fill the	5817
vacancy by the time specified in this division, at a meeting	5818
called for that purpose. The meeting shall be called by the	5819
chairperson of that committee, who shall give each member of the	5820
committee at least two days' notice of the time, place, and	5821
purpose of the meeting. If a majority of the members of the	5822
committee are present at the meeting, a majority of those present	5823
may select a person to fill the vacancy. The chairperson and	5824
secretary of the meeting shall certify in writing and under oath	5825
to the secretary of state, not later than the eighty-sixth day	5826
before the day of the general election, the name of the person	5827
selected to fill the vacancy. The certification must be	5828
accompanied by the written acceptance of the nomination by the	5829
person whose name is certified. A vacancy that may be filled by an	5830
intermediate or minor political party shall be filled in	5831
accordance with the party's rules by authorized officials of the	5832
party. Certification must be made as in the manner provided for a	5833
major political party.	5834

(B) If a person nominated in a primary election as a party	5835
candidate for election at the next general election, whose	5836
candidacy is to be submitted to the electors of a district	5837
comprised of more than one county but less than all of the	5838
counties of the state, withdraws as that candidate or is	5839
disqualified as that candidate under section 3513.052 of the	5840
Revised Code, the vacancy in the party nomination so created may	5841
be filled by a district committee of the major political party	5842
that made the nomination at the primary election, if the	5843
committee's chairperson and secretary certify the name of the	5844
person selected to fill the vacancy by the time specified in this	5845
division, at a meeting called for that purpose. The district	5846
committee shall consist of the chairperson and secretary of the	5847
county central committee of such political party in each county in	5848
the district. The district committee shall be called by the	5849
chairperson of the county central committee of such political	5850
party of the most populous county in the district, who shall give	5851
each member of the district committee at least two days' notice of	5852
the time, place, and purpose of the meeting. If a majority of the	5853
members of the district committee are present at the district	5854
committee meeting, a majority of those present may select a person	5855
to fill the vacancy. The chairperson and secretary of the meeting	5856
shall certify in writing and under oath to the board of elections	5857
of the most populous county in the district, not later than four	5858
p.m. of the eighty-sixth day before the day of the general	5859
election, the name of the person selected to fill the vacancy. The	5860
certification must be accompanied by the written acceptance of the	5861
nomination by the person whose name is certified. A vacancy that	5862
may be filled by an intermediate or minor political party shall be	5863
filled in accordance with the party's rules by authorized	5864
officials of the party. Certification must be made as in the	5865
manner provided for a major political party.	5866

(C) If a person nominated in a primary election as a party	5867
candidate for election at the next general election, whose	5868
candidacy is to be submitted to the electors of a county,	5869
withdraws as that candidate or is disqualified as that candidate	5870
under section 3513.052 of the Revised Code, the vacancy in the	5871
party nomination so created may be filled by the county central	5872
committee of the major political party that made the nomination at	5873
the primary election, or by the county executive committee if so	5874
authorized, if the committee's chairperson and secretary certify	5875
the name of the person selected to fill the vacancy by the time	5876
specified in this division, at a meeting called for that purpose.	5877
The meeting shall be called by the chairperson of that committee,	5878
who shall give each member of the committee at least two days'	5879
notice of the time, place, and purpose of the meeting. If a	5880
majority of the members of the committee are present at the	5881
meeting, a majority of those present may select a person to fill	5882
the vacancy. The chairperson and secretary of the meeting shall	5883
certify in writing and under oath to the board of that county, not	5884
later than four p.m. of the eighty-sixth day before the day of the	5885
general election, the name of the person selected to fill the	5886
vacancy. The certification must be accompanied by the written	5887
acceptance of the nomination by the person whose name is	5888
certified. A vacancy that may be filled by an intermediate or	5889
minor political party shall be filled in accordance with the	5890
party's rules by authorized officials of the party. Certification	5891
must be made as in the manner provided for a major political	5892
party.	5893

(D) If a person nominated in a primary election as a party	5894
candidate for election at the next general election, whose	5895
candidacy is to be submitted to the electors of a district within	5896
a county, withdraws as that candidate or is disqualified as that	5897
candidate under section 3513.052 of the Revised Code, the vacancy	5898
in the party nomination so created may be filled by a district	5899
committee consisting of those members of the county central	5900
committee or, if so authorized, those members of the county	5901
executive committee in that county of the major political party	5902
that made the nomination at the primary election who represent the	5903
precincts or the wards and townships within the district, if the	5904
committee's chairperson and secretary certify the name of the	5905
person selected to fill the vacancy by the time specified in this	5906
division, at a meeting called for that purpose. The district	5907
committee meeting shall be called by the chairperson of the county	5908
central committee or executive committee, as appropriate, who	5909
shall give each member of the district committee at least two	5910
days' notice of the time, place, and purpose of the meeting. If a	5911
majority of the members of the district committee are present at	5912
the district committee meeting, a majority of those present may	5913
select a person to fill the vacancy. The chairperson and secretary	5914
of the district committee meeting shall certify in writing and	5915
under oath to the board of the county, not later than four p.m. of	5916
the eighty-sixth day before the day of the general election, the	5917
name of the person selected to fill the vacancy. The certification	5918
must be accompanied by the written acceptance of the nomination by	5919
the person whose name is certified. A vacancy that may be filled	5920
by an intermediate or minor political party shall be filled in	5921
accordance with the party's rules by authorized officials of the	5922
party. Certification must be made as in the manner provided for a	5923
major political party.	5924

(E) If a person nominated in a primary election as a party	5925
candidate for election at the next general election, whose	5926
candidacy is to be submitted to the electors of a subdivision	5927
within a county, withdraws as that candidate or is disqualified as	5928
that candidate under section 3513.052 of the Revised Code, the	5929
vacancy in the party nomination so created may be filled by a	5930
subdivision committee consisting of those members of the county	5931
central committee or, if so authorized, those members of the	5932
county executive committee in that county of the major political	5933
party that made the nomination at that primary election who	5934
represent the precincts or the wards and townships within that	5935
subdivision, if the committee's chairperson and secretary certify	5936
the name of the person selected to fill the vacancy by the time	5937
specified in this division, at a meeting called for that purpose.	5938

The subdivision committee meeting shall be called by the	5939
chairperson of the county central committee or executive	5940
committee, as appropriate, who shall give each member of the	5941
subdivision committee at least two days' notice of the time,	5942
place, and purpose of the meeting. If a majority of the members of	5943
the subdivision committee are present at the subdivision committee	5944
meeting, a majority of those present may select a person to fill	5945
the vacancy. The chairperson and secretary of the subdivision	5946
committee meeting shall certify in writing and under oath to the	5947
board of the county, not later than four p.m. of the eighty-sixth	5948
day before the day of the general election, the name of the person	5949
selected to fill the vacancy. The certification must be	5950
accompanied by the written acceptance of the nomination by the	5951
person whose name is certified. A vacancy that may be filled by an	5952
intermediate or minor political party shall be filled in	5953
accordance with the party's rules by authorized officials of the	5954
party. Certification must be made in the manner provided for a	5955
major political party.	5956

(F) If a person nominated by petition as an independent or	5957
nonpartisan candidate for election at the next general election	5958
withdraws as that candidate or is disqualified as that candidate	5959
under section 3513.052 of the Revised Code, the vacancy so created	5960
may be filled by a majority of the committee of five, as	5961
designated on the candidate's nominating petition, if a member of	5962
that committee certifies in writing and under oath to the election	5963
officials with whom the candidate filed the candidate's nominating	5964
petition, not later than the eighty-sixth day before the day of	5965
the general election, the name of the person selected to fill the	5966
vacancy. The certification shall be accompanied by the written	5967
acceptance of the nomination by the person whose name is certified	5968
and shall be made in the manner provided for a major political	5969
party.	5970

(G) If a person nominated in a primary election as a party	5971
candidate for election at the next general election dies, the	5972
vacancy so created may be filled by the same committee in the same	5973
manner as provided in this section for the filling of similar	5974
vacancies created by withdrawals or disqualifications under	5975
section 3513.052 of the Revised Code, except that the	5976
certification, when filling a vacancy created by death, may not be	5977
filed with the secretary of state, or with a board of the most	5978
populous county of a district, or with the board of a county in	5979
which the major portion of the population of a subdivision is	5980
located, later than four p.m. of the tenth day before the day of	5981
such general election, or with any other board later than four	5982
p.m. of the fifth day before the day of such general election.	5983

(H) If a person nominated by petition as an independent or	5984
nonpartisan candidate for election at the next general election	5985
dies prior to the tenth day before the day of that general	5986
election, the vacancy so created may be filled by a majority of	5987
the committee of five designated in the nominating petition to	5988
represent the candidate named in it. To fill the vacancy a member	5989
of the committee shall, not later than four p.m. of the fifth day	5990
before the day of the general election, file with the election	5991
officials with whom the petition nominating the person was filed,	5992
a certificate signed and sworn to under oath by a majority of the	5993
members, designating the person they select to fill the vacancy.	5994
The certification must be accompanied by the written acceptance of	5995
the nomination by the person whose name is so certified.	5996

(I) If a person holding an elective office dies or, resigns,	5997
retires, is removed, or otherwise vacates that office subsequent	5998
to the one hundred fifteenth day before the day of a primary	5999
election and prior to the eighty-sixth day before the day of the	6000
next general election, and if, under the laws of this state, a	6001
person may be elected at that general election to fill the	6002
unexpired term of the person who has died or resigned, the	6003
appropriate committee of each political party, acting as in the	6004
case of a vacancy in a party nomination, as provided in divisions	6005
(A) to (D) of this section, may select a person as the party	6006
candidate for election for such unexpired term at that general	6007
election, and certify the person's name to the appropriate	6008
election official not later than four p.m. on the eighty-sixth day	6009
before the day of that general election, or on the tenth day	6010
following the day on which the vacancy occurs, whichever is later.	6011
When the vacancy occurs on or subsequent to the eighty-sixth day	6012
and prior to the fifty-sixth day before the general election, the	6013
appropriate committee may select a person as the party candidate	6014
and certify the person's name, as provided in the preceding	6015
sentence, not later than four p.m. on the fiftieth day before the	6016
general election. Thereupon the name shall be printed as the party	6017
candidate under proper titles and in the proper place on the	6018
proper ballots for use at the election. If a person has been	6019
nominated in a primary election, the authorized committee of that	6020
political party shall not select and certify a person as the party	6021
candidate.	6022

(J) Each person desiring to become an independent candidate	6023
to fill the unexpired term shall file a statement of candidacy and	6024
nominating petition, as provided in section 3513.261 of the	6025
Revised Code, with the appropriate election official not later	6026
than four p.m. on the tenth day following the day on which the	6027
vacancy occurs, provided that when the vacancy occurs fewer than	6028
six days before the fifty-sixth day before the general election,	6029
the deadline for filing shall be four p.m. on the fiftieth day	6030
before the general election. The nominating petition shall contain	6031
at least seven hundred fifty signatures and no more than one	6032
thousand five hundred signatures of qualified electors of the	6033
district, political subdivision, or portion of a political	6034
subdivision in which the office is to be voted upon, or the amount	6035
provided for in section 3513.257 of the Revised Code, whichever is	6036
less.	6037

(K) When a person nominated as a candidate by a political	6038
party in a primary election or by nominating petition for an	6039
elective office for which candidates are nominated at a party	6040
primary election withdraws, dies, or is disqualified under section	6041
3513.052 of the Revised Code prior to the general election, the	6042
appropriate committee of any other major political party or	6043
committee of five that has not nominated a candidate for that	6044
office, or whose nominee as a candidate for that office has	6045
withdrawn, died, or been disqualified without the vacancy so	6046
created having been filled, may, acting as in the case of a	6047
vacancy in a party nomination or nomination by petition as	6048
provided in divisions (A) to (F) of this section, whichever is	6049
appropriate, select a person as a candidate of that party or of	6050
that committee of five for election to the office.	6051

Sec. 3515.04.  At the time and place fixed for making a	6052
recount, the board of elections, in the presence of all observers	6053
who may be in attendance, shall open the sealed containers	6054
containing the ballots to be recounted, and shall recount them. If	6055
a county used punch card ballots and if a chad is attached to a	6056
punch card ballot by three or four corners, the voter shall be	6057
deemed by the board not to have recorded a candidate, question, or	6058
issue choice at the particular position on the ballot, and a vote	6059
shall not be counted at that particular position on the ballot in	6060
the recount. Ballots shall be handled only by the members of the	6061
board or by the director or other employees of the board.	6062
Observers shall be permitted to see the ballots, but they shall	6063
not be permitted to touch them, and the board shall not permit the	6064
counting or tabulation of votes shown on the ballots for any	6065
nomination, or for election to any office or position, or upon any	6066
question or issue, other than the votes shown on such ballots for	6067
the nomination, election, question, or issue concerning which a	6068
recount of ballots was applied for.	6069

At any time before the ballots from all of the precincts	6070
listed in an application for the recount or involved in a recount	6071
pursuant to section 3515.011 of the Revised Code have been	6072
recounted, the applicant or declared losing candidate or nominee	6073
or each of the declared losing candidates or nominees entitled to	6074
file a request prior to the commencement of a recount, as provided	6075
in section 3515.03 of the Revised Code, may file with the board a	6076
written request to stop the recount and not recount the ballots	6077
from the precincts so listed that have not been recounted prior to	6078
the time of the request. If, upon the request, the board finds	6079
that results of the votes in the precincts recounted, if	6080
substituted for the results of the votes in those precincts as	6081
shown in the abstract of the votes in those precincts, would not	6082
cause the applicant, if a person for whom votes were cast for	6083
nomination or election, to be declared nominated or elected or if	6084
an election upon a question or issue would not cause a result	6085
contrary to the result as declared prior to such recount, it shall	6086
grant the request and shall not recount the ballots of the	6087
precincts listed in the application for recount that have not been	6088
recounted prior to that time. If the board finds otherwise, it	6089
shall deny the request and shall continue to recount ballots until	6090
the ballots from all of the precincts listed in the application	6091
for recount have been recounted; provided that, if the request is	6092
denied, it may be renewed from time to time. Upon any such	6093
renewal, the board shall consider and act upon the request in the	6094
same manner as provided in this section in connection with an	6095
original request.	6096

As used in this section, "chad" and "punch card ballot" have	6097
the same meanings as in section 3506.16 of the Revised Code.	6098

Sec. 3517.01.  (A)(1) A political party within the meaning of	6099
Title XXXV of the Revised Code is any group of voters that, at the	6100
most recent regular state election, polled for its candidate for	6101
governor in the state or nominees for presidential electors at	6102
least five per cent of the entire vote cast for that office or	6103
that filed with the secretary of statedid either of the	6104
following, subsequent to any election in which it received less	6105
than five per cent of that vote, a:	6106

(a) Filed with the secretary of state a petition signed by	6107
qualified electors equal in number to at least one-half of one	6108
per cent of the total vote for governor or nominees for	6109
presidential electors at the most recent election, declaring their	6110
intention of organizing a political party, the name of which shall	6111
be stated in the declaration, and of participating in the	6112
succeeding primary election, held in even-numbered years, that	6113
occurs more than one hundred twenty days after the date of filing;	6114
or	6115

(b) Filed with the secretary of state a petition signed by	6116
qualified electors equal in number to at least one-half of one per	6117
cent of the total vote for governor at the most recent election,	6118
declaring their intention of organizing a political party, the	6119
name of which shall be stated in the declaration, and of	6120
certifying candidates only for the offices of president and	6121
vice-president at the succeeding general election, held in an	6122
even-numbered year, that occurs more than eighty days after the	6123
date of filing. No	6124

No such group of electors shall assume a name or designation	6125
that is similar, in the opinion of the secretary of state, to that	6126
of an existing political party as to confuse or mislead the voters	6127
at an election. If any political party fails to cast five per cent	6128
of the total vote cast at an election for the office of governor	6129
or president, it shall cease to be a political party.	6130

(2) A campaign committee shall be legally liable for any	6131
debts, contracts, or expenditures incurred or executed in its	6132
name.	6133

(B) Notwithstanding the definitions found in section 3501.01	6134
of the Revised Code, as used in this section and sections 3517.08	6135
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	6136

(1) "Campaign committee" means a candidate or a combination	6137
of two or more persons authorized by a candidate under section	6138
3517.081 of the Revised Code to receive contributions and make	6139
expenditures.	6140

(2) "Campaign treasurer" means an individual appointed by a	6141
candidate under section 3517.081 of the Revised Code.	6142

(3) "Candidate" has the same meaning as in division (H) of	6143
section 3501.01 of the Revised Code and also includes any person	6144
who, at any time before or after an election, receives	6145
contributions or makes expenditures or other use of contributions,	6146
has given consent for another to receive contributions or make	6147
expenditures or other use of contributions, or appoints a campaign	6148
treasurer, for the purpose of bringing about the person's	6149
nomination or election to public office. When two persons jointly	6150
seek the offices of governor and lieutenant governor, "candidate"	6151
means the pair of candidates jointly. "Candidate" does not include	6152
candidates for election to the offices of member of a county or	6153
state central committee, presidential elector, and delegate to a	6154
national convention or conference of a political party.	6155

(4) "Continuing association" means an association, other than	6156
a campaign committee, political party, legislative campaign fund,	6157
political contributing entity, or labor organization, that is	6158
intended to be a permanent organization that has a primary purpose	6159
other than supporting or opposing specific candidates, political	6160
parties, or ballot issues, and that functions on a regular basis	6161
throughout the year. "Continuing association" includes	6162
organizations that are determined to be not organized for profit	6163
under subsection 501 and that are described in subsection	6164
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	6165

(5) "Contribution" means a loan, gift, deposit, forgiveness	6166
of indebtedness, donation, advance, payment, or transfer of funds	6167
or anything of value, including a transfer of funds from an inter	6168
vivos or testamentary trust or decedent's estate, and the payment	6169
by any person other than the person to whom the services are	6170
rendered for the personal services of another person, which	6171
contribution is made, received, or used for the purpose of	6172
influencing the results of an election. Any loan, gift, deposit,	6173
forgiveness of indebtedness, donation, advance, payment, or	6174
transfer of funds or of anything of value, including a transfer of	6175
funds from an inter vivos or testamentary trust or decedent's	6176
estate, and the payment by any campaign committee, political	6177
action committee, legislative campaign fund, political party,	6178
political contributing entity, or person other than the person to	6179
whom the services are rendered for the personal services of	6180
another person, that is made, received, or used by a state or	6181
county political party, other than moneys a state or county	6182
political party receives from the Ohio political party fund	6183
pursuant to section 3517.17 of the Revised Code and the moneys a	6184
state or county political party may receive under sections	6185
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	6186
considered to be a "contribution" for the purpose of section	6187
3517.10 of the Revised Code and shall be included on a statement	6188
of contributions filed under that section.	6189

"Contribution" does not include any of the following:

6190

(a) Services provided without compensation by individuals	6191
volunteering a portion or all of their time on behalf of a person;	6192

(b) Ordinary home hospitality;

6193

(c) The personal expenses of a volunteer paid for by that	6194
volunteer campaign worker;	6195

(d) Any gift given to a state or county political party	6196
pursuant to section 3517.101 of the Revised Code. As used in	6197
division (B)(5)(d) of this section, "political party" means only a	6198
major political party;	6199

(e) Any contribution as defined in section 3517.1011 of the	6200
Revised Code that is made, received, or used to pay the direct	6201
costs of producing or airing an electioneering communication;	6202

(f) Any gift given to a state or county political party for	6203
the party's restricted fund under division (A)(2) of section	6204
3517.1012 of the Revised Code;	6205

(g) Any gift given to a state political party for deposit in	6206
a Levin account pursuant to section 3517.1013 of the Revised Code.	6207
As used in this division, "Levin account" has the same meaning as	6208
in that section.	6209

(h) Any donation given to a transition fund under section	6210
3517.1014 of the Revised Code.	6211

(6) "Expenditure" means the disbursement or use of a	6212
contribution for the purpose of influencing the results of an	6213
election or of making a charitable donation under division (G) of	6214
section 3517.08 of the Revised Code. Any disbursement or use of a	6215
contribution by a state or county political party is an	6216
expenditure and shall be considered either to be made for the	6217
purpose of influencing the results of an election or to be made as	6218
a charitable donation under division (G) of section 3517.08 of the	6219
Revised Code and shall be reported on a statement of expenditures	6220
filed under section 3517.10 of the Revised Code. During the thirty	6221
days preceding a primary or general election, any disbursement to	6222
pay the direct costs of producing or airing a broadcast, cable, or	6223
satellite communication that refers to a clearly identified	6224
candidate shall be considered to be made for the purpose of	6225
influencing the results of that election and shall be reported as	6226
an expenditure or as an independent expenditure under section	6227
3517.10 or 3517.105 of the Revised Code, as applicable, except	6228
that the information required to be reported regarding	6229
contributors for those expenditures or independent expenditures	6230
shall be the same as the information required to be reported under	6231
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	6232

As used in this division, "broadcast, cable, or satellite	6233
communication" and "refers to a clearly identified candidate" have	6234
the same meanings as in section 3517.1011 of the Revised Code.	6235

(7) "Personal expenses" includes, but is not limited to,	6236
ordinary expenses for accommodations, clothing, food, personal	6237
motor vehicle or airplane, and home telephone.	6238

(8) "Political action committee" means a combination of two	6239
or more persons, the primary or major purpose of which is to	6240
support or oppose any candidate, political party, or issue, or to	6241
influence the result of any election through express advocacy, and	6242
that is not a political party, a campaign committee, a political	6243
contributing entity, or a legislative campaign fund. "Political	6244
action committee" does not include either of the following:	6245

(a) A continuing association that makes disbursements for the	6246
direct costs of producing or airing electioneering communications	6247
and that does not engage in express advocacy;	6248

(b) A political club that is formed primarily for social	6249
purposes and that consists of one hundred members or less, has	6250
officers and periodic meetings, has less than two thousand five	6251
hundred dollars in its treasury at all times, and makes an	6252
aggregate total contribution of one thousand dollars or less per	6253
calendar year.	6254

(9) "Public office" means any state, county, municipal,	6255
township, or district office, except an office of a political	6256
party, that is filled by an election and the offices of United	6257
States senator and representative.	6258

(10) "Anything of value" has the same meaning as in section	6259
1.03 of the Revised Code.	6260

(11) "Beneficiary of a campaign fund" means a candidate, a	6261
public official or employee for whose benefit a campaign fund	6262
exists, and any other person who has ever been a candidate or	6263
public official or employee and for whose benefit a campaign fund	6264
exists.	6265

(12) "Campaign fund" means money or other property, including	6266
contributions.	6267

(13) "Public official or employee" has the same meaning as in	6268
section 102.01 of the Revised Code.	6269

(14) "Caucus" means all of the members of the house of	6270
representatives or all of the members of the senate of the general	6271
assembly who are members of the same political party.	6272

(15) "Legislative campaign fund" means a fund that is	6273
established as an auxiliary of a state political party and	6274
associated with one of the houses of the general assembly.	6275

(16) "In-kind contribution" means anything of value other	6276
than money that is used to influence the results of an election or	6277
is transferred to or used in support of or in opposition to a	6278
candidate, campaign committee, legislative campaign fund,	6279
political party, political action committee, or political	6280
contributing entity and that is made with the consent of, in	6281
coordination, cooperation, or consultation with, or at the request	6282
or suggestion of the benefited candidate, committee, fund, party,	6283
or entity. The financing of the dissemination, distribution, or	6284
republication, in whole or part, of any broadcast or of any	6285
written, graphic, or other form of campaign materials prepared by	6286
the candidate, the candidate's campaign committee, or their	6287
authorized agents is an in-kind contribution to the candidate and	6288
an expenditure by the candidate.	6289

(17) "Independent expenditure" means an expenditure by a	6290
person advocating the election or defeat of an identified	6291
candidate or candidates, that is not made with the consent of, in	6292
coordination, cooperation, or consultation with, or at the request	6293
or suggestion of any candidate or candidates or of the campaign	6294
committee or agent of the candidate or candidates. As used in	6295
division (B)(17) of this section:	6296

(a) "Person" means an individual, partnership, unincorporated	6297
business organization or association, political action committee,	6298
political contributing entity, separate segregated fund,	6299
association, or other organization or group of persons, but not a	6300
labor organization or a corporation unless the labor organization	6301
or corporation is a political contributing entity.	6302

(b) "Advocating" means any communication containing a message	6303
advocating election or defeat.	6304

(c) "Identified candidate" means that the name of the	6305
candidate appears, a photograph or drawing of the candidate	6306
appears, or the identity of the candidate is otherwise apparent by	6307
unambiguous reference.	6308

(d) "Made in coordination, cooperation, or consultation with,	6309
or at the request or suggestion of, any candidate or the campaign	6310
committee or agent of the candidate" means made pursuant to any	6311
arrangement, coordination, or direction by the candidate, the	6312
candidate's campaign committee, or the candidate's agent prior to	6313
the publication, distribution, display, or broadcast of the	6314
communication. An expenditure is presumed to be so made when it is	6315
any of the following:	6316

(i) Based on information about the candidate's plans,	6317
projects, or needs provided to the person making the expenditure	6318
by the candidate, or by the candidate's campaign committee or	6319
agent, with a view toward having an expenditure made;	6320

(ii) Made by or through any person who is, or has been,	6321
authorized to raise or expend funds, who is, or has been, an	6322
officer of the candidate's campaign committee, or who is, or has	6323
been, receiving any form of compensation or reimbursement from the	6324
candidate or the candidate's campaign committee or agent;	6325

(iii) Except as otherwise provided in division (D) of section	6326
3517.105 of the Revised Code, made by a political party in support	6327
of a candidate, unless the expenditure is made by a political	6328
party to conduct voter registration or voter education efforts.	6329

(e) "Agent" means any person who has actual oral or written	6330
authority, either express or implied, to make or to authorize the	6331
making of expenditures on behalf of a candidate, or means any	6332
person who has been placed in a position with the candidate's	6333
campaign committee or organization such that it would reasonably	6334
appear that in the ordinary course of campaign-related activities	6335
the person may authorize expenditures.	6336

(18) "Labor organization" means a labor union; an employee	6337
organization; a federation of labor unions, groups, locals, or	6338
other employee organizations; an auxiliary of a labor union,	6339
employee organization, or federation of labor unions, groups,	6340
locals, or other employee organizations; or any other bona fide	6341
organization in which employees participate and that exists for	6342
the purpose, in whole or in part, of dealing with employers	6343
concerning grievances, labor disputes, wages, hours, and other	6344
terms and conditions of employment.	6345

(19) "Separate segregated fund" means a separate segregated	6346
fund established pursuant to the Federal Election Campaign Act.	6347

(20) "Federal Election Campaign Act" means the "Federal	6348
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	6349
seq., as amended.	6350

(21) "Restricted fund" means the fund a state or county	6351
political party must establish under division (A)(1) of section	6352
3517.1012 of the Revised Code.	6353

(22) "Electioneering communication" has the same meaning as	6354
in section 3517.1011 of the Revised Code.	6355

(23) "Express advocacy" means a communication that contains	6356
express words advocating the nomination, election, or defeat of a	6357
candidate or that contains express words advocating the adoption	6358
or defeat of a question or issue, as determined by a final	6359
judgment of a court of competent jurisdiction.	6360

(24) "Political committee" has the same meaning as in section	6361
3517.1011 of the Revised Code.	6362

(25) "Political contributing entity" means any entity,	6363
including a corporation or labor organization, that may lawfully	6364
make contributions and expenditures and that is not an individual	6365
or a political action committee, continuing association, campaign	6366
committee, political party, legislative campaign fund, designated	6367
state campaign committee, or state candidate fund. For purposes of	6368
this division, "lawfully" means not prohibited by any section of	6369
the Revised Code, or authorized by a final judgment of a court of	6370
competent jurisdiction.	6371

Sec. 3517.012. (A) When a petition meeting the requirements	6372
of division (A)(1)(a) of section 3517.01 of the Revised Code	6373
declaring the intention to organize a political party is filed	6374
with the secretary of state, the new party comes into legal	6375
existence on the date of filing and is entitled to hold a primary	6376
election as set out in section 3513.01 of the Revised Code, at the	6377
primary election, held in even-numbered years that occurs more	6378
than one hundred twenty days after the date of filing.	6379

(B) When a petition meeting the requirements of division	6380
(A)(1)(b) of section 3517.01 of the Revised Code declaring the	6381
intention to organize a political party is filed with the	6382
secretary of state, the new party comes into legal existence on	6383
the date of filing and is entitled to certify the names of	6384
candidates for president and vice-president for the general	6385
election ballot, as specified in division (B)(3) of section	6386
3505.10 of the Revised Code, at the general election, held in the	6387
year in which a presidential primary election is conducted, that	6388
occurs more than eighty days after the date of filing.	6389

Sec. 3519.01.  (A) Only one proposal of law or constitutional	6390
amendment to be proposed by initiative petition shall be contained	6391
in an initiative petition to enable the voters to vote on that	6392
proposal separately. A petition shall include the text of any	6393
existing statute or constitutional provision that would be amended	6394
or repealed if the proposed law or constitutional amendment is	6395
adopted.	6396

Whoever seeks to propose a law or constitutional amendment by	6397
initiative petition shall, by a written petition signed by one	6398
thousand qualified electors, submit the proposed law or	6399
constitutional amendment and a summary of it to the attorney	6400
general for examination. Within ten days after the receipt of the	6401
written petition and the summary of it, the attorney general shall	6402
conduct an examination of the summary. If, in the opinion of the	6403
attorney general, the summary is a fair and truthful statement of	6404
the proposed law or constitutional amendment, the attorney general	6405
shall so certify and then forward the submitted petition to the	6406
Ohio ballot board for its approval under division (A) of section	6407
3505.062 of the Revised Code. If the Ohio ballot board returns the	6408
submitted petition to the attorney general with its certification	6409
as described in that division, the attorney general shall then	6410
file with the secretary of state a verified copy of the proposed	6411
law or constitutional amendment together with its summary and the	6412
attorney general's certification.	6413

Whenever the Ohio ballot board divides an initiative petition	6414
into individual petitions containing only one proposed law or	6415
constitutional amendment under division (A) of section 3505.062 of	6416
the Revised Code resulting in the need for the petitioners to	6417
resubmit to the attorney general appropriate summaries for each of	6418
the individual petitions arising from the board's division of the	6419
initiative petition, the attorney general shall review the	6420
resubmitted summaries, within ten days after their receipt, to	6421
determine if they are a fair and truthful statement of the	6422
respective proposed laws or constitutional amendments and, if so,	6423
certify them. These resubmissions shall contain no new	6424
explanations or arguments. Then, the attorney general shall file	6425
with the secretary of state a verified copy of each of the	6426
proposed laws or constitutional amendments together with their	6427
respective summaries and the attorney general's certification of	6428
each.	6429

(B)(1) Whoever seeks to file a referendum petition against	6430
any law, section, or item in any law shall, by a written petition	6431
signed by one thousand qualified electors, submit the measure to	6432
be referred and a summary of it to the secretary of state and, on	6433
the same day or within one business day before or after that day,	6434
submit a copy of the petition, measure, and summary to the	6435
attorney general.	6436

(2) Not later than ten business days after receiving the	6437
petition, measure, and summary, the secretary of state shall do	6438
both of the following:	6439

(a) Have the validity of the signatures on the petition	6440
verified;	6441

(b) After comparing the text of the measure to be referred	6442
with the copy of the enrolled act on file in the secretary of	6443
state's office containing the law, section, or item of law,	6444
determine whether the text is correct and, if it is, so certify.	6445

(3) Not later than ten business days after receiving a copy	6446
of the petition, measure, and summary, the attorney general shall	6447
examine the summary and, if in the attorney general's opinion, the	6448
summary is a fair and truthful statement of the measure to be	6449
referred, so certify.	6450

(C) Any person who is aggrieved by a certification decision	6451
under division (A) or (B) of this section may challenge the	6452
certification or failure to certify of the attorney general in the	6453
supreme court, which shall have exclusive, original jurisdiction	6454
in all challenges of those certification decisions.	6455

Sec. 3519.16. The circulator of any part-petition, the	6456
committee interested in the petition, or any elector may file with	6457
the board of elections a protest against the board's findings made	6458
pursuant to section 3519.15 of the Revised Code. Protests shall be	6459
in writing and shall specify reasons for the protest. Protests for	6460
all initiative and referendum petitions other than those to be	6461
voted on by electors throughout the entire state shall be filed	6462
not later than four p.m. of the seventy-fourth day before the day	6463
of the election. Once a protest is filed, the board shall proceed	6464
to establish the sufficiency or insufficiency of the signatures	6465
and of the verification of those signatures in an action before	6466
the court of common pleas in the county. The action shall be	6467
brought within three days after the protest is filed, and it shall	6468
be heard forthwith by a judge of that court, whose decision shall	6469
be certified to the board. The signatures that are adjudged	6470
sufficient or the part-petitions that are adjudged properly	6471
verified shall be included with the others by the board, and those	6472
found insufficient and all those part-petitions that are adjudged	6473
not properly verified shall not be included.Pursuant to Section	6474
1g of Article II, Ohio Constitution, the supreme court of Ohio	6475
shall have original, exclusive jurisdiction in all challenges to	6476
initiative and referendum petitions.	6477

The properly verified part-petitions, together with the	6478
report of the board, shall be returned to the secretary of state	6479
not less than sixty days before the election, provided that, in	6480
the case of an initiated law to be presented to the general	6481
assembly, the boards shall promptly check and return the petitions	6482
together with their report. The secretary of state shall notify,	6483
by certified mail,the chairpersoneach member of the committee	6484
in charge of the circulation as to the sufficiency or	6485
insufficiency of the petition and the extent of the insufficiency.	6486

If the petition is found insufficient because of an	6487
insufficient number of valid signatures, the committee shall be	6488
allowed ten additional days after the notification byfirst member	6489
of the committee receives notice of the petition's insufficiency	6490
by certified mail from the secretary of state for the filing of	6491
additional signatures to the petition. No additional signatures	6492
shall be collected by the circulator of a referendum petition	6493
during the period beginning ninety days after the governor filed	6494
the bill that is the subject of the referendum with the secretary	6495
of state and ending on the date that the secretary of state	6496
notifies the circulators that the petition has an insufficient	6497
number of valid signatures. The part-petitions of the	6498
supplementary petition that appear to the secretary of state to be	6499
properly verified, upon their receipt by the secretary of state,	6500
shall forthwith be forwarded to the boards of the several counties	6501
together with the part-petitions of the original petition that	6502
have been properly verified. They shall be immediately examined	6503
and passed upon as to the validity and sufficiency of the	6504
signatures on them by each of the boards and returned within five	6505
days to the secretary of state with the report of each board. No	6506
signature on a supplementary part-petition that is the same as a	6507
signature on an original part-petition shall be counted. The	6508
number of signatures in both the original and supplementary	6509
petitions, properly verified, shall be used by the secretary of	6510
state in determining the total number of signatures to the	6511
petition that the secretary of state shall record and announce. If	6512
they are sufficient, the amendment, proposed law, or law shall be	6513
placed on the ballot as required by law. If the petition is found	6514
insufficient, the secretary of state shall notify the committee in	6515
charge of the circulation of the petition.	6516

Sec. 3599.07.  No judge of electionsprecinct election	6517
official, observer, or police officer admitted into the polling	6518
rooms at the election, at any time while the polls are open, shall	6519
have in the individual's possession, distribute, or give out any	6520
ballot or ticket to any person on any pretense during the	6521
receiving, counting, or certifying of the votes, or have any	6522
ballot or ticket in the individual's possession or control, except	6523
in the proper discharge of the individual's official duty in	6524
receiving, counting, or canvassing the votes. This section does	6525
not prevent the lawful exercise by a judge of electionsprecinct	6526
election official or observer of the individual right to vote at	6527
such election.	6528

Sec. 3599.17.  (A) No elections official serving as a	6529
registrar or judge of electionsprecinct election official shall	6530
do any of the following:	6531

(1) Fail to appear before the board of elections, or its	6532
representative, after notice has been served personally upon the	6533
official or left at the official's usual place of residence, for	6534
examination as to the official's qualifications;	6535

(2) Fail to appear at the polling place to which the official	6536
is assigned at the hour and during the hours set for the	6537
registration or election;	6538

(3) Fail to take the oath prescribed by section 3501.31 of	6539
the Revised Code, unless excused by such board;	6540

(4) Refuse or sanction the refusal of another registrar or	6541
judge of electionsprecinct election official to administer an	6542
oath required by law;	6543

(5) Fail to send notice to the board of the appointment of a	6544
judgeprecinct election official to fill a vacancy;	6545

(6) Act as registrar or judgeprecinct election official	6546
without having been appointed and having received a certificate of	6547
appointment, except a judgeprecinct election official appointed	6548
to fill a vacancy caused by absence or removal;	6549

(7) Fail in any other way to perform any duty imposed by law.

6550

(B) Whoever violates division (A) of this section is guilty	6551
of a misdemeanor of the first degree.	6552

Sec. 3599.19.  (A) No judge of electionsprecinct election	6553
official shall knowingly do any of the following:	6554

(1) Unlawfully open or permit to be opened the sealed package	6555
containing registration lists, ballots, blanks, pollbooks, and	6556
other papers and material to be used in an election;	6557

(2) Unlawfully misplace, carry away, negligently lose or	6558
permit to be taken from the judgeprecinct election official, fail	6559
to deliver, or destroy any such packages, papers, or material;	6560

(3) Receive or sanction the reception of a ballot from a	6561
person not a qualified elector or from a person who refused to	6562
answer a question in accordance with the election law;	6563

(4) Refuse to receive or sanction the rejection of a ballot	6564
from a person, knowing that person to be a qualified elector;	6565

(5) Permit a fraudulent ballot to be placed in the ballot	6566
box;	6567

(6) Place or permit to be placed in any ballot box any ballot	6568
known by the judgeprecinct election official to be improperly or	6569
falsely marked;	6570

(7) Count or permit to be counted any illegal or fraudulent	6571
ballot;	6572

(8) Mislead an elector who is physically unable to prepare	6573
the elector's ballot, mark a ballot for such elector otherwise	6574
than as directed by that elector, or disclose to any person,	6575
except when legally required to do so, how such elector voted;	6576

(9) Alter or mark or permit any alteration or marking on any	6577
ballot when counting the ballots;	6578

(10) Unlawfully count or tally or sanction the wrongful	6579
counting or tallying of votes;	6580

(11) After the counting of votes commences, as required by	6581
law, postpone or sanction the postponement of the counting of	6582
votes, adjourn at any time or to any place, or remove the ballot	6583
box from the place of voting, or from the custody or presence of	6584
all the judges of such electionsprecinct election officials;	6585

(12) Permit any ballot to remain or to be in the ballot box	6586
at the opening of the polls, or to be put in the box during the	6587
counting of the ballots, or to be left in the box without being	6588
counted;	6589

(13) Admit or sanction the admission to the polling room at	6590
an election during the receiving, counting, and certifying of	6591
votes of any person not qualified by law to be so admitted;	6592

(14) Refuse to admit or sanction the refusal to admit any	6593
person, upon lawful request for admission, who is legally	6594
qualified to be present;	6595

(15) Permit or sanction the counting of the ballots contrary	6596
to the manner prescribed by law;	6597

(16) Neglect or unlawfully execute any duty enjoined upon the	6598
judgeprecinct election official by law.	6599

(B) Whoever violates division (A) of this section is guilty	6600
of a misdemeanor of the first degree.	6601

Sec. 3599.31.  No officer of the law shall fail to obey	6602
forthwith an order of the presiding judgevoting location manager	6603
and aid in enforcing a lawful order of the presiding judgesvoting	6604
location manager at an election, against persons unlawfully	6605
congregating or loitering within one hundred feet of a polling	6606
place, hindering or delaying an elector from reaching or leaving	6607
the polling place, soliciting or attempting, within one hundred	6608
feet of the polling place, to influence an elector in casting the	6609
elector's vote, or interfering with the registration of voters or	6610
casting and counting of the ballots.	6611

Whoever violates this section is guilty of a misdemeanor of	6612
the first degree.	6613

Sec. 4301.32.  The privilege of local option as to the sale	6614
of intoxicating liquors is hereby conferred upon the electors of	6615
an election precinct named by the petition authorized by section	6616
4301.33 of the Revised Code.	6617

Upon the request of an elector, a board of elections of a	6618
county that encompasses an election precinct shall furnish to the	6619
elector a copy of the instructions prepared by the secretary of	6620
state under division (P)(A)(15) of section 3501.05 of the Revised	6621
Code and, within fifteen days after the request, with a	6622
certificate indicating the number of valid signatures that will be	6623
required upon a petition to hold a special election in that	6624
precinct on a question specified in section 4301.35 or 4301.351 of	6625
the Revised Code.	6626

Sec. 4301.334.  (A) The privilege of local option conferred	6627
by section 4301.324 of the Revised Code may be exercised if, not	6628
later than four p.m. of the ninetieth day before the day of a	6629
general or primary election, a petition and other information	6630
required by division (B) of this section are presented to the	6631
board of elections of the county in which the community facility	6632
named in the petition is located. The petition shall be signed by	6633
electors of the municipal corporation or unincorporated area of	6634
the township in which the community facility is located equal in	6635
number to at least ten per cent of the total number of votes cast	6636
in the municipal corporation or unincorporated area of the	6637
township in which the community facility is located for the office	6638
of governor at the most recent general election for that office	6639
and shall contain both of the following:	6640

(1) A notice that the petition is for the submission of the	6641
question set forth in section 4301.356 of the Revised Code and a	6642
statement indicating whether the hours of Sunday sales sought in	6643
the local option election are between ten a.m. and midnight or	6644
between eleven a.m. and midnight;	6645

(2) The name and address of the community facility for which	6646
the local option election is sought and, if the community facility	6647
is a community entertainment district, the boundaries of the	6648
district.	6649

(B) Upon the request of a petitioner, a board of elections of	6650
a county shall furnish to the petitioner a copy of the	6651
instructions prepared by the secretary of state under division	6652
(P)(A)(15) of section 3501.05 of the Revised Code and, within	6653
fifteen days after the request, a certificate indicating the	6654
number of valid signatures that will be required on a petition to	6655
hold an election in the municipal corporation or unincorporated	6656
area of the township in which the community facility is located on	6657
the question specified in section 4301.356 of the Revised Code.	6658

The petitioner shall, not less than thirty days before the	6659
petition-filing deadline for an election on the question specified	6660
in section 4301.356 of the Revised Code, specify to the division	6661
of liquor control the name and address of the community facility	6662
for which the election is sought and, if the community facility is	6663
a community entertainment district, the boundaries of the	6664
district, the municipal corporation or unincorporated area of a	6665
township in which the election is sought, and the filing deadline.	6666
The division shall, within a reasonable period of time and not	6667
later than ten days before the filing deadline, supply the	6668
petitioner with the name and address of any permit holder for or	6669
within the community facility.	6670

The petitioner shall file the name and address of any permit	6671
holder who would be affected by the election at the time the	6672
petitioner files the petition with the board of elections. Within	6673
five days after receiving the petition, the board shall give	6674
notice by certified mail to any permit holder within the community	6675
facility that it has received the petition. Failure of the	6676
petitioner to supply the name and address of any permit holder for	6677
or within the community facility as furnished to the petitioner by	6678
the division invalidates the petition.	6679

(C) Not later than the seventy-eighth day before the day of	6680
the next general or primary election, whichever occurs first, the	6681
board shall examine and determine the sufficiency of the	6682
signatures on the petition. If the board finds that the petition	6683
is valid, it shall order the holding of an election in the	6684
municipal corporation or unincorporated area of a township on the	6685
day of the next general or primary election, whichever occurs	6686
first, for the submission of the question set forth in section	6687
4301.356 of the Revised Code.	6688

(D) A petition filed with a board of elections under this	6689
section shall be open to public inspection under rules adopted by	6690
the board.	6691

(E) An elector who is eligible to vote on the question set	6692
forth in section 4301.356 of the Revised Code or any permit holder	6693
for or within the community facility may, not later than four p.m.	6694
of the seventy-fourth day before the day of the election at which	6695
the question will be submitted to the electors, file a written	6696
protest against the local option petition with the board of	6697
elections with which the petition was filed. Upon the filing of	6698
the protest, the board shall promptly fix a time and place for	6699
hearing the protest and shall mail notice of the time and place to	6700
the person who filed the petition and to the person who filed the	6701
protest. At the time and place fixed, the board shall hear the	6702
protest and determine the validity of the petition.	6703

Sec. 4303.29.  (A) No permit, other than an H permit, shall	6704
be issued to a firm or partnership unless all the members of the	6705
firm or partnership are citizens of the United States. No permit,	6706
other than an H permit, shall be issued to an individual who is	6707
not a citizen of the United States. No permit, other than an E or	6708
H permit, shall be issued to any corporation organized under the	6709
laws of any country, territory, or state other than this state	6710
until it has furnished the division of liquor control with	6711
evidence that it has complied with the laws of this state relating	6712
to the transaction of business in this state.	6713

The division may refuse to issue any permit to or refuse to	6714
renew any permit of any person convicted of any felony that is	6715
reasonably related to the person's fitness to operate a liquor	6716
permit business in this state. No holder of a permit shall sell,	6717
assign, transfer, or pledge the permit without the written consent	6718
of the division.	6719

(B)(1) No D-3 permit shall be issued to any club unless the	6720
club has been continuously engaged in the activity specified in	6721
section 4303.15 of the Revised Code, as a qualification for that	6722
class of permit, for two years at the time the permit is issued.	6723

(2)(a) Subject to division (B)(2)(b) of this section, upon	6724
application by properly qualified persons, one C-1 and C-2 permit	6725
shall be issued for each one thousand population or part of that	6726
population, and one D-1 and D-2 permit shall be issued for each	6727
two thousand population or part of that population, in each	6728
municipal corporation and in the unincorporated area of each	6729
township.	6730

Subject to division (B)(2)(b) of this section, not more than	6731
one D-3, D-4, or D-5 permit shall be issued for each two thousand	6732
population or part of that population in any municipal corporation	6733
and in the unincorporated area of any township, except that, in	6734
any city of a population of fifty-five thousand or more, one D-3	6735
permit may be issued for each fifteen hundred population or part	6736
of that population.	6737

(b)(i) Division (B)(2)(a) of this section does not prohibit	6738
the transfer of location or the transfer of ownership and location	6739
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	6740
corporation or the unincorporated area of a township in which the	6741
number of permits of that class exceeds the number of such permits	6742
authorized to be issued under division (B)(2)(a) of this section	6743
to an economic development project located in another municipal	6744
corporation or the unincorporated area of another township in	6745
which no additional permits of that class may be issued to the	6746
applicant under division (B)(2)(a) of this section, but the	6747
transfer of location or transfer of ownership and location of the	6748
permit may occur only if the applicant notifies the municipal	6749
corporation or township to which the location of the permit will	6750
be transferred regarding the transfer and that municipal	6751
corporation or township acknowledges in writing to the division of	6752
liquor control, at the time the application for the transfer of	6753
location or transfer of ownership and location of the permit is	6754
filed, that the transfer will be to an economic development	6755
project. This acknowledgment by the municipal corporation or	6756
township does not prohibit it from requesting a hearing under	6757
section 4303.26 of the Revised Code. The applicant is eligible to	6758
apply for and receive the transfer of location of the permit under	6759
division (B)(2)(b) of this section if all permits of that class	6760
that may be issued under division (B)(2)(a) of this section in the	6761
applicable municipal corporation or unincorporated area of the	6762
township have already been issued or if the number of applications	6763
filed for permits of that class in that municipal corporation or	6764
the unincorporated area of that township exceed the number of	6765
permits of that class that may be issued there under division	6766
(B)(2)(a) of this section.	6767

A permit transferred under division (B)(2)(b) of this section	6768
may be subsequently transferred to a different owner at the same	6769
location, or to the same owner or a different owner at a different	6770
location in the same municipal corporation or in the	6771
unincorporated area of the same township, as long as the same or	6772
new location meets the economic development project criteria set	6773
forth in this section.	6774

(ii) Factors that shall be used to determine the designation	6775
of an economic development project include, but are not limited	6776
to, architectural certification of the plans and the cost of the	6777
project, the number of jobs that will be created by the project,	6778
projected earnings of the project, projected tax revenues for the	6779
political subdivisions in which the project will be located, and	6780
the amount of financial investment in the project. The	6781
superintendent of liquor control shall determine whether the	6782
existing or proposed business that is seeking a permit described	6783
in division (B)(2)(b) of this section qualifies as an economic	6784
development project and, if the superintendent determines that it	6785
so qualifies, shall designate the business as an economic	6786
development project.	6787

(3) Nothing in this section shall be construed to restrict	6788
the issuance of a permit to a municipal corporation for use at a	6789
municipally owned airport at which commercial airline companies	6790
operate regularly scheduled flights on which space is available to	6791
the public. A municipal corporation applying for a permit for such	6792
a municipally owned airport is exempt, in regard to that	6793
application, from the population restrictions contained in this	6794
section and from population quota restrictions contained in any	6795
rule of the liquor control commission. A municipal corporation	6796
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	6797
municipally owned airport is subject to section 4303.31 of the	6798
Revised Code.	6799

(4) Nothing in this section shall be construed to prohibit	6800
the issuance of a D permit to the board of trustees of a soldiers'	6801
memorial for a premises located at a soldiers' memorial	6802
established pursuant to Chapter 345. of the Revised Code. An	6803
application for a D permit by the board for those premises is	6804
exempt from the population restrictions contained in this section	6805
and from the population quota restrictions contained in any rule	6806
of the liquor control commission. The location of a D permit	6807
issued to the board for those premises shall not be transferred. A	6808
board of trustees of a soldiers' memorial applying for a D-1, D-2,	6809
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	6810
section 4303.31 of the Revised Code.	6811

(5) Nothing in this section shall be construed to restrict	6812
the issuance of a permit for a premises located at a golf course	6813
owned by a municipal corporation, township, or county, owned by a	6814
park district created under Chapter 1545. of the Revised Code, or	6815
owned by the state. The location of such a permit issued on or	6816
after September 26, 1984, for a premises located at such a golf	6817
course shall not be transferred. Any application for such a permit	6818
is exempt from the population quota restrictions contained in this	6819
section and from the population quota restrictions contained in	6820
any rule of the liquor control commission. A municipal	6821
corporation, township, county, park district, or state agency	6822
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	6823
course is subject to section 4303.31 of the Revised Code.	6824

(6) As used in division (B)(6) of this section, "fair" has	6825
the same meaning as in section 991.01 of the Revised Code; "state	6826
fairgrounds" means the property that is held by the state for the	6827
purpose of conducting fairs, expositions, and exhibits and that is	6828
maintained and managed by the Ohio expositions commission under	6829
section 991.03 of the Revised Code; "capitol square" has the same	6830
meaning as in section 105.41 of the Revised Code; and "Ohio	6831
judicial center" means the site of the Ohio supreme court and its	6832
grounds.	6833

Nothing in this section shall be construed to restrict the	6834
issuance of one or more D permits to one or more applicants for	6835
all or a part of the state fairgrounds, capitol square, or the	6836
Ohio judicial center. An application for a D permit for the state	6837
fairgrounds, capitol square, or the Ohio judicial center is exempt	6838
from the population quota restrictions contained in this section	6839
and from the population quota restrictions contained in any rule	6840
of the liquor control commission. The location of a D permit	6841
issued for the state fairgrounds, capitol square, or the Ohio	6842
judicial center shall not be transferred. An applicant for a D-1,	6843
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	6844
to section 4303.31 of the Revised Code.	6845

Pursuant to section 1711.09 of the Revised Code, the holder	6846
of a D permit issued for the state fairgrounds shall not deal in	6847
spirituous liquor at the state fairgrounds during, or for one week	6848
before or for three days after, any fair held at the state	6849
fairgrounds.	6850

(7) Nothing in this section shall be construed to prohibit	6851
the issuance of a D permit for a premises located at a zoological	6852
park at which sales have been approved in an election held under	6853
former section 4301.356 of the Revised Code. An application for a	6854
D permit for such a premises is exempt from the population	6855
restrictions contained in this section, from the population quota	6856
restrictions contained in any rule of the liquor control	6857
commission, and from section 4303.31 of the Revised Code. The	6858
location of a D permit issued for a premises at such a zoological	6859
park shall not be transferred, and no quota or other restrictions	6860
shall be placed on the number of D permits that may be issued for	6861
a premises at such a zoological park.	6862

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	6863
any election precinct in any municipal corporation or in any	6864
election precinct in the unincorporated area of any township, in	6865
which at the November, 1933, election a majority of the electors	6866
voting thereon in the municipal corporation or in the	6867
unincorporated area of the township voted against the repeal of	6868
Section 9 of Article XV, Ohio Constitution, unless the sale of	6869
spirituous liquor by the glass is authorized by a majority vote of	6870
the electors voting on the question in the precinct at an election	6871
held pursuant to this section or by a majority vote of the	6872
electors of the precinct voting on question (C) at a special local	6873
option election held in the precinct pursuant to section 4301.35	6874
of the Revised Code. Upon the request of an elector, the board of	6875
elections of the county that encompasses the precinct shall	6876
furnish the elector with a copy of the instructions prepared by	6877
the secretary of state under division (P)(A)(15) of section	6878
3501.05 of the Revised Code and, within fifteen days after the	6879
request, a certificate of the number of signatures required for a	6880
valid petition under this section.	6881

Upon the petition of thirty-five per cent of the total number	6882
of voters voting in any such precinct for the office of governor	6883
at the preceding general election, filed with the board of	6884
elections of the county in which such precinct is located not	6885
later than ninety days before a general election, the board shall	6886
prepare ballots and hold an election at such general election upon	6887
the question of allowing spirituous liquor to be sold by the glass	6888
in such precinct. The ballots shall be approved in form by the	6889
secretary of state. The results of the election shall be certified	6890
by the board to the secretary of state, who shall certify the	6891
results to the division.	6892

(2) No holder of a class D-3 permit issued for a boat or	6893
vessel shall sell spirituous liquor in any precinct, in which the	6894
election provided for in this section may be held, unless the sale	6895
of spirituous liquor by the drink has been authorized by vote of	6896
the electors as provided in this section or in section 4301.35 of	6897
the Revised Code.	6898

(D) Any holder of a C or D permit whose permit premises were	6899
purchased in 1986 or 1987 by the state or any state agency for	6900
highway purposes shall be issued the same permit at another	6901
location notwithstanding any quota restrictions contained in this	6902
chapter or in any rule of the liquor control commission.	6903

Sec. 4305.14.  (A) The following questions regarding the sale	6904
of beer by holders of C or D permits may be presented to the	6905
qualified electors of an election precinct:	6906

(1) "Shall the sale of beer as defined in section 4305.08 of	6907
the Revised Code under permits which authorize sale for	6908
off-premises consumption only be permitted within this precinct?"	6909

(2) "Shall the sale of beer as defined in section 4305.08 of	6910
the Revised Code under permits which authorize sale for	6911
on-premises consumption only, and under permits which authorize	6912
sale for both on-premises and off-premises consumption, be	6913
permitted in this precinct?"	6914

The exact wording of the question as submitted and form of	6915
ballot as printed shall be determined by the board of elections in	6916
the county wherein the election is held, subject to approval of	6917
the secretary of state.	6918

Upon the request of an elector, a board of elections of a	6919
county that encompasses an election precinct shall furnish to the	6920
elector a copy of the instructions prepared by the secretary of	6921
state under division (P)(A)(15) of section 3501.05 of the Revised	6922
Code and, within fifteen days after the request, with a	6923
certificate indicating the number of valid signatures that will be	6924
required on a petition to hold a special election in that precinct	6925
on either or both of the questions specified in this section.	6926

The board shall provide to a petitioner, at the time the	6927
petitioner takes out a petition, the names of the streets and, if	6928
appropriate, the address numbers of residences and business	6929
establishments within the precinct in which the election is	6930
sought, and a form prescribed by the secretary of state for	6931
notifying affected permit holders of the circulation of a petition	6932
for an election for the submission of one or more of the questions	6933
specified in division (A) of this section. The petitioner shall,	6934
not less than fifty-five days before the petition-filing deadline	6935
for an election provided for in this section, file with the	6936
division of liquor control the information regarding names of	6937
streets and, if appropriate, address numbers of residences and	6938
business establishments provided by the board of elections, and	6939
specify to the division the precinct that is concerned or that	6940
would be affected by the results of the election and the filing	6941
deadline. The division shall, within a reasonable period of time	6942
and not later than twenty-five days before the filing deadline,	6943
supply the petitioner with a list of the names and addresses of	6944
permit holders who would be affected by the election. The list	6945
shall contain a heading with the following words: "liquor permit	6946
holders who would be affected by the question(s) set forth on a	6947
petition for a local option election."	6948

Within five days after receiving from the division the list	6949
of liquor permit holders who would be affected by the question or	6950
questions set forth on a petition for local option election, the	6951
petitioner shall, using the form provided by the board of	6952
elections, notify by certified mail each permit holder whose name	6953
appears on that list. The form for notifying affected permit	6954
holders shall require the petitioner to state the petitioner's	6955
name and street address and shall contain a statement that a	6956
petition is being circulated for an election for the submission of	6957
the question or questions specified in division (B) of this	6958
section. The form shall require the petitioner to state the	6959
question or questions to be submitted as they appear on the	6960
petition.	6961

The petitioner shall attach a copy of the list provided by	6962
the division to each petition paper. A part petition paper	6963
circulated at any time without the list of affected permit holders	6964
attached to it is invalid.	6965

At the time of filing the petition with the board of	6966
elections, the petitioner shall provide to the board of elections	6967
the list supplied by the division and an affidavit certifying that	6968
the petitioner notified all affected permit holders on the list in	6969
the manner and within the time required in this section and that,	6970
at the time each signer of the petition signed the petition, the	6971
petition paper contained a copy of the list of affected permit	6972
holders.	6973

Within five days after receiving a petition calling for an	6974
election for the submission of the question or questions set forth	6975
in this section, the board of elections shall give notice by	6976
certified mail that it has received the petition to all liquor	6977
permit holders whose names appear on the list of affected permit	6978
holders filed by the petitioner. Failure of the petitioner to	6979
supply the affidavit required by this section and a complete and	6980
accurate list of liquor permit holders invalidates the entire	6981
petition. The board of elections shall provide to a permit holder	6982
who would be affected by a proposed local option election, on the	6983
permit holder's request, the names of the streets, and, if	6984
appropriate, the address numbers of residences and business	6985
establishments within the precinct in which the election is sought	6986
and that would be affected by the results of the election. The	6987
board may charge a reasonable fee for this information when	6988
provided to the petitioner and the permit holder.	6989

Upon presentation not later than four p.m. of the ninetieth	6990
day before the day of a general or primary election, of a petition	6991
to the board of elections of the county wherein such election is	6992
sought to be held, requesting the holding of such election on	6993
either or both of the questions specified in this section, signed	6994
by qualified electors of the precinct concerned equal in number to	6995
thirty-five per cent of the total number of votes cast in the	6996
precinct concerned for the office of governor at the preceding	6997
general election for that office, such board shall submit the	6998
question or questions specified in the petition to the electors of	6999
the precinct concerned, on the day of the next general or primary	7000
election, whichever occurs first.	7001

(B) The board shall proceed as follows:

7002

(1) Such board shall, upon the filing of a petition under	7003
this section, but not later than the seventy-eighth day before the	7004
day of the election for which the question or questions on the	7005
petition would qualify for submission to the electors of the	7006
precinct, examine and determine the sufficiency of the signatures	7007
and review, examine, and determine the validity of such petition	7008
and, in case of overlapping precinct petitions presented within	7009
that period, determine which of the petitions shall govern the	7010
further proceedings of the board. In the case where the board	7011
determines that two or more overlapping petitions are valid, the	7012
earlier petition shall govern. The board shall certify the	7013
sufficiency of signatures contained in the petition as of the time	7014
of filing and the validity of the petition as of the time of	7015
certification as described in division (C)(1) of this section if	7016
the board finds the petition to be both sufficient and valid.	7017

(2) If the petition contains sufficient signatures and is	7018
valid, and, in case of overlapping precinct petitions, after the	7019
board has determined the governing petition, the board shall order	7020
the holding of a special election in the precinct for the	7021
submission of the question or questions specified in the petition,	7022
on the day of the next general or primary election, whichever	7023
occurs first.	7024

(3) All petitions filed with a board of elections under this	7025
section shall be open to public inspection under rules adopted by	7026
the board.	7027

(C) Protest against a local option petition may be filed by	7028
any qualified elector eligible to vote on the question or	7029
questions specified in the petition or by a permit holder in the	7030
precinct as described in the petition, not later than four p.m. of	7031
the seventy-fourth day before the day of such general or primary	7032
election for which the petition qualified. Such protest shall be	7033
in writing and shall be filed with the election officials with	7034
whom the petition was filed. Upon filing of such protest the	7035
election officials with whom it is filed shall promptly fix the	7036
time for hearing it, and shall forthwith mail notice of the filing	7037
of the protest and the time for hearing it to the person who filed	7038
the petition which is protested and to the person who filed the	7039
protest. At the time and place fixed, the election officials shall	7040
hear the protest and determine the validity of the petition.	7041

(D) If a majority of the electors voting on the question in	7042
the precinct vote "yes" on question (1) or (2) as set forth in	7043
division (A) of this section, the sale of beer as specified in	7044
that question shall be permitted in the precinct and no subsequent	7045
election shall be held in the precinct under this section on the	7046
same question for a period of at least four years from the date of	7047
the most recent election.	7048

If a majority of the electors voting on the question in the	7049
precinct vote "no" on question (1) or (2) as set forth in division	7050
(A) of this section, no C or D permit holder shall sell beer as	7051
specified in that question within the precinct during the period	7052
the election is in effect and no subsequent election shall be held	7053
in the precinct under this section on the same question for a	7054
period of at least four years from the date of the most recent	7055
election.	7056

Section 2. That existing sections 111.27, 309.09, 3501.01,	7057
3501.02, 3501.05, 3501.051, 3501.11, 3501.13, 3501.17, 3501.22,	7058
3501.26, 3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32,	7059
3501.33, 3501.35, 3501.37, 3501.38, 3503.02, 3503.06, 3503.10,	7060
3503.14, 3503.15, 3503.16, 3503.18, 3503.19, 3503.21, 3503.26,	7061
3503.28, 3505.11, 3505.17, 3505.18, 3505.181, 3505.182, 3505.183,	7062
3505.20, 3505.21, 3505.23, 3505.24, 3505.26, 3505.28, 3505.29,	7063
3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01, 3509.03,	7064
3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 3509.09,	7065
3511.02, 3511.04, 3511.05, 3511.06, 3511.07, 3511.08, 3511.09,	7066
3511.10, 3511.11, 3511.13, 3511.14, 3513.02, 3513.131, 3513.19,	7067
3513.21, 3513.30, 3513.31, 3515.04, 3517.01, 3517.012, 3519.01,	7068
3519.16, 3599.07, 3599.17, 3599.19, 3599.31, 4301.32, 4301.334,	7069
4303.29, and 4305.14 and sections 3503.29, 3506.16, 3513.301, and	7070
3513.312 of the Revised Code are hereby repealed.	7071