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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
(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 |
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 |
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. 3501.33. 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. 3501.37. 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 |
(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) 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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 3503.19. (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 |
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 |
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 |
(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 |
(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 |
"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 |
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 |
(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 |
(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 |
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 |
"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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
...... 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 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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
...... 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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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. 3599.31. 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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |