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To amend sections 2101.44, 3501.01, 3501.02, 3501.05, | 1 |
3501.051, 3501.053, 3501.11, 3501.13, 3501.17, | 2 |
3501.18, 3501.20, 3501.22, 3501.26, 3501.27, | 3 |
3501.28, 3501.29, 3501.30, 3501.301, 3501.31, | 4 |
3501.32, 3501.33, 3501.35, 3501.37, 3501.38, | 5 |
3503.02, 3503.06, 3503.10, 3503.14, 3503.15, | 6 |
3503.16, 3503.18, 3503.19, 3503.21, 3503.24, | 7 |
3503.26, 3503.28, 3504.02, 3504.04, 3504.05, | 8 |
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, | 9 |
3505.17, 3505.18, 3505.181, 3505.182, 3505.183, | 10 |
3505.20, 3505.21, 3505.23, 3505.24, 3505.26, | 11 |
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, | 12 |
3506.12, 3506.15, 3509.01, 3509.03, 3509.031, | 13 |
3509.04, 3509.05, 3509.06, 3509.07, 3509.08, | 14 |
3509.09, 3511.02, 3511.04, 3511.05, 3511.06, | 15 |
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, | 16 |
3511.13, 3511.14, 3513.02, 3513.131, 3513.18, | 17 |
3513.19, 3513.21, 3513.30, 3513.31, 3515.04, | 18 |
3517.01, 3517.012, 3517.992, 3519.01, 3519.16, | 19 |
3599.07, 3599.17, 3599.19, 3599.31, 4301.32, | 20 |
4301.334, 4303.29, and 4305.14, to enact new | 21 |
section 3504.01 and sections 3501.111, 3501.302, | 22 |
3501.40, 3503.05, 3503.20, 3503.22, 3505.05, | 23 |
3506.021, 3509.051, and 3517.211, and to repeal | 24 |
sections 3503.29, 3504.01, and 3506.16 of the | 25 |
Revised Code to revise the Election Law. | 26 |
Section 1. That sections 2101.44, 3501.01, 3501.02, 3501.05, | 27 |
3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18, 3501.20, | 28 |
3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30, 3501.301, | 29 |
3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38, 3503.02, | 30 |
3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18, 3503.19, | 31 |
3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05, | 32 |
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18, | 33 |
3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24, | 34 |
3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, | 35 |
3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, | 36 |
3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06, | 37 |
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13, 3511.14, | 38 |
3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30, 3513.31, | 39 |
3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16, 3599.07, | 40 |
3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29, and 4305.14 | 41 |
be amended and new section 3504.01 and sections 3501.111, | 42 |
3501.302, 3501.40, 3503.05, 3503.20, 3503.22, 3505.05, 3506.021, | 43 |
3509.051, and 3517.211 of the Revised Code be enacted to read as | 44 |
follows: | 45 |
Sec. 2101.44. The election upon the question of combining | 46 |
the probate court and the court of common pleas shall be conducted | 47 |
as provided for the election of county officers. | 48 |
The board of | 49 |
ballots, | 50 |
such other supplies as may be necessary in the conduct of such | 51 |
election. | 52 |
Ballots shall be printed with an affirmative and negative | 53 |
statement thereon, as follows: | 54 |
55 |
The probate court and the court of common pleas shall be combined. | 56 | ||||
The probate court and the court of common pleas shall not be combined. | 57 |
58 |
Returns of said election shall be made and canvassed at the | 59 |
same time and in the same manner as an election for county | 60 |
officers. The board shall certify the result of said election to | 61 |
the secretary of state, to the probate judge of said county, and | 62 |
to the judge of the court of common pleas, and such result shall | 63 |
be spread upon the journal of the probate court and of the court | 64 |
of common pleas. | 65 |
If a majority of the votes cast at such an election are in | 66 |
favor of combining said courts, such courts shall stand combined | 67 |
upon determination of the fact that a majority of the persons | 68 |
voting upon the question of the combination of such courts voted | 69 |
in favor of such combination. | 70 |
Sec. 3501.01. As used in the sections of the Revised Code | 71 |
relating to elections and political communications: | 72 |
(A) "General election" means the election held on the first | 73 |
Tuesday after the first Monday in each November. | 74 |
(B) "Regular municipal election" means the election held on | 75 |
the first Tuesday after the first Monday in November in each | 76 |
odd-numbered year. | 77 |
(C) "Regular state election" means the election held on the | 78 |
first Tuesday after the first Monday in November in each | 79 |
even-numbered year. | 80 |
(D) "Special election" means any election other than those | 81 |
elections defined in other divisions of this section. A special | 82 |
election may be held only on the first Tuesday after the first | 83 |
Monday in February, May, August, or November, or on the day | 84 |
authorized by a particular municipal or county charter for the | 85 |
holding of | 86 |
a presidential primary election is held, no special election shall | 87 |
be held in February or May, except as authorized by a municipal or | 88 |
county charter, but may be held on the first Tuesday after the | 89 |
first Monday in March. | 90 |
(E)(1) "Primary" or "primary election" means an election held | 91 |
for the purpose of nominating persons as candidates of political | 92 |
parties for election to offices, and for the purpose of electing | 93 |
persons as members of the controlling committees of political | 94 |
parties and as delegates and alternates to the conventions of | 95 |
political parties. Primary elections shall be held on the first | 96 |
Tuesday after the first Monday in May of each year except in years | 97 |
in which a presidential primary election is held. | 98 |
(2) "Presidential primary election" means a primary election | 99 |
as defined by division (E)(1) of this section at which an election | 100 |
is held for the purpose of choosing delegates and alternates to | 101 |
the national conventions of the major political parties pursuant | 102 |
to section 3513.12 of the Revised Code. Unless otherwise | 103 |
specified, presidential primary elections are included in | 104 |
references to primary elections. In years in which a presidential | 105 |
primary election is held, all primary elections shall be held on | 106 |
the first Tuesday after the first Monday in March except as | 107 |
otherwise authorized by a municipal or county charter. | 108 |
(F) "Political party" means any group of voters meeting the | 109 |
requirements set forth in section 3517.01 of the Revised Code for | 110 |
the formation and existence of a political party. | 111 |
(1) "Major political party" means any political party | 112 |
organized under the laws of this state whose candidate for | 113 |
governor or nominees for presidential electors received no less | 114 |
than twenty per cent of the total vote cast for such office at the | 115 |
most recent regular state election. | 116 |
(2) "Intermediate political party" means any political party | 117 |
organized under the laws of this state whose candidate for | 118 |
governor or nominees for presidential electors received less than | 119 |
twenty per cent but not less than ten per cent of the total vote | 120 |
cast for such office at the most recent regular state election. | 121 |
(3) "Minor political party" means any political party | 122 |
organized under the laws of this state whose candidate for | 123 |
governor or nominees for presidential electors received less than | 124 |
ten per cent but not less than five per cent of the total vote | 125 |
cast for such office at the most recent regular state election or | 126 |
127 | |
division (A)(1) of section 3517.01 of the Revised Code with the | 128 |
secretary of state, subsequent to any election in which it | 129 |
received less than five per cent of such vote, | 130 |
131 | |
132 | |
133 | |
be known as a minor political party until the time of the first | 134 |
election for governor or president which occurs not less than | 135 |
twelve months subsequent to the formation of such party, after | 136 |
which election the status of such party shall be determined by the | 137 |
vote for the office of governor or president. | 138 |
(G) "Dominant party in a precinct" or "dominant political | 139 |
party in a precinct" means that political party whose candidate | 140 |
for election to the office of governor at the most recent regular | 141 |
state election at which a governor was elected received more votes | 142 |
than any other person received for election to that office in such | 143 |
precinct at such election. | 144 |
(H) "Candidate" means any qualified person certified in | 145 |
accordance with the provisions of the Revised Code for placement | 146 |
on the official ballot of a primary, general, or special election | 147 |
to be held in this state, or any qualified person who claims to be | 148 |
a write-in candidate, or who knowingly assents to being | 149 |
represented as a write-in candidate by another at either a | 150 |
primary, general, or special election to be held in this state. | 151 |
(I) "Independent candidate" means any candidate who claims | 152 |
not to be affiliated with a political party, and whose name has | 153 |
been certified on the office-type ballot at a general or special | 154 |
election through the filing of a statement of candidacy and | 155 |
nominating petition, as prescribed in section 3513.257 of the | 156 |
Revised Code. | 157 |
(J) "Nonpartisan candidate" means any candidate whose name is | 158 |
required, pursuant to section 3505.04 of the Revised Code, to be | 159 |
listed on the nonpartisan ballot, including all candidates for | 160 |
judicial office, for member of any board of education, for | 161 |
municipal or township offices in which primary elections are not | 162 |
held for nominating candidates by political parties, and for | 163 |
offices of municipal corporations having charters that provide for | 164 |
separate ballots for elections for these offices. | 165 |
(K) "Party candidate" means any candidate who claims to be a | 166 |
member of a political party, whose name has been certified on the | 167 |
office-type ballot at a general or special election through the | 168 |
filing of a declaration of candidacy and petition of candidate, | 169 |
and who has won the primary election of the candidate's party for | 170 |
the public office the candidate seeks or is selected by party | 171 |
committee in accordance with section 3513.31 of the Revised Code. | 172 |
(L) "Officer of a political party" includes, but is not | 173 |
limited to, any member, elected or appointed, of a controlling | 174 |
committee, whether representing the territory of the state, a | 175 |
district therein, a county, township, a city, a ward, a precinct, | 176 |
or other territory, of a major, intermediate, or minor political | 177 |
party. | 178 |
(M) "Question or issue" means any question or issue certified | 179 |
in accordance with the Revised Code for placement on an official | 180 |
ballot at a general or special election to be held in this state. | 181 |
(N) "Elector" or "qualified elector" means a person having | 182 |
the qualifications provided by law to be entitled to vote. | 183 |
(O) "Voter" means an elector who votes at an election. | 184 |
(P) "Voting residence" means that place of residence of an | 185 |
elector which shall determine the precinct in which the elector | 186 |
may vote. | 187 |
(Q) "Precinct" means a district within a county established | 188 |
by the board of elections of such county within which all | 189 |
qualified electors having a voting residence therein may vote at | 190 |
the same polling place. | 191 |
(R) "Polling place" means that place provided for each | 192 |
precinct at which the electors having a voting residence in such | 193 |
precinct may vote. | 194 |
(S) "Board" or "board of elections" means the board of | 195 |
elections appointed in a county pursuant to section 3501.06 of the | 196 |
Revised Code. | 197 |
(T) "Political subdivision" means a county, township, city, | 198 |
village, or school district. | 199 |
(U) "Election officer" or "election official" means any of | 200 |
the following: | 201 |
(1) Secretary of state; | 202 |
(2) Employees of the secretary of state serving the division | 203 |
of elections in the capacity of attorney, administrative officer, | 204 |
administrative assistant, elections administrator, office manager, | 205 |
or clerical supervisor; | 206 |
(3) Director of a board of elections; | 207 |
(4) Deputy director of a board of elections; | 208 |
(5) Member of a board of elections; | 209 |
(6) Employees of a board of elections; | 210 |
(7) Precinct | 211 |
(8) Employees appointed by the boards of elections on a | 212 |
temporary or part-time basis. | 213 |
(V) "Acknowledgment notice" means a notice sent by a board of | 214 |
elections, on a form prescribed by the secretary of state, | 215 |
informing a voter registration applicant or an applicant who | 216 |
wishes to change the applicant's residence or name of the status | 217 |
of the application; the information necessary to complete or | 218 |
update the application, if any; and if the application is | 219 |
complete, the precinct in which the applicant is to vote. | 220 |
(W) "Confirmation notice" means a notice sent by a board of | 221 |
elections, on a form prescribed by the secretary of state, to a | 222 |
registered elector to confirm the registered elector's current | 223 |
address. | 224 |
(X) "Designated agency" means an office or agency in the | 225 |
state that provides public assistance or that provides | 226 |
state-funded programs primarily engaged in providing services to | 227 |
persons with disabilities and that is required by the National | 228 |
Voter Registration Act of 1993 to implement a program designed and | 229 |
administered by the secretary of state for registering voters, or | 230 |
any other public or government office or agency that implements a | 231 |
program designed and administered by the secretary of state for | 232 |
registering voters, including the department of job and family | 233 |
services, the program administered under section 3701.132 of the | 234 |
Revised Code by the department of health, the department of mental | 235 |
health, the department of developmental disabilities, the | 236 |
rehabilitation services commission, and any other agency the | 237 |
secretary of state designates. "Designated agency" does not | 238 |
include public high schools and vocational schools, public | 239 |
libraries, or the office of a county treasurer. | 240 |
(Y) "National Voter Registration Act of 1993" means the | 241 |
"National Voter Registration Act of 1993," 107 Stat. 77, 42 | 242 |
U.S.C.A. 1973gg. | 243 |
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act | 244 |
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. | 245 |
(AA) "Photo identification" means a document that meets each | 246 |
of the following requirements: | 247 |
(1) It shows the name of the individual to whom it was | 248 |
issued, which shall conform to the name in the poll list or | 249 |
signature pollbook. | 250 |
(2) It shows the current address of the individual to whom it | 251 |
was issued, which shall conform to the address in the poll list or | 252 |
signature pollbook, except for a driver's license or a state | 253 |
identification card issued under section 4507.50 of the Revised | 254 |
Code, which may show either the current or former address of the | 255 |
individual to whom it was issued, regardless of whether that | 256 |
address conforms to the address in the poll list or signature | 257 |
pollbook. | 258 |
(3) It shows a photograph of the individual to whom it was | 259 |
issued. | 260 |
(4) It | 261 |
not passed. | 262 |
(5) It was issued by the government of the United States or | 263 |
this state. | 264 |
Sec. 3501.02. General elections in the state and its | 265 |
political subdivisions shall be held as follows: | 266 |
(A) For the election of electors of president and | 267 |
vice-president of the United States, in the year of 1932 and every | 268 |
four years thereafter; | 269 |
(B) For the election of a member of the senate of the United | 270 |
States, in the years 1932 and 1934, and every six years after each | 271 |
of such years; except as otherwise provided for filling vacancies; | 272 |
(C) For the election of representatives in the congress of | 273 |
the United States and of elective state and county officers | 274 |
including elected members of the state board of education, in the | 275 |
even-numbered years; except as otherwise provided for filling | 276 |
vacancies; | 277 |
(D) For municipal and township officers, members of boards of | 278 |
education, judges and clerks of municipal courts, in the | 279 |
odd-numbered years; | 280 |
(E)(1) Proposed constitutional amendments or proposed | 281 |
measures submitted | 282 |
referendum petitions to the voters of the state at large may be | 283 |
submitted to the general election in any year occurring at least | 284 |
285 | |
twenty-five days | 286 |
to the filing of the petitions therefor.
| 287 |
(2) Proposed constitutional amendments submitted by the | 288 |
general assembly to the voters of the state at large may be | 289 |
submitted at a special election or general election in any year | 290 |
occurring at least ninety days after the resolution is filed with | 291 |
the secretary of state. The proposed constitutional amendment may | 292 |
be submitted to the voters at a special election occurring on the | 293 |
day in any year specified by division (E) of section 3501.01 of | 294 |
the Revised Code for the holding of a primary election, | 295 |
special election on that date is designated by the general | 296 |
assembly in the resolution adopting the proposed constitutional | 297 |
amendment. | 298 |
No special election shall be held on a day other than the day | 299 |
of a general election, unless a law or charter provides otherwise, | 300 |
regarding the submission of a question or issue to the voters of a | 301 |
county, township, city, village, or school district. | 302 |
(F)(1) Notwithstanding any provision of the Revised Code to | 303 |
the contrary, any question or issue, except a candidacy, to be | 304 |
voted upon at an election shall be certified, for placement upon | 305 |
the ballot, to the board of elections not later than four p.m. of | 306 |
the ninetieth day before the day of the election. | 307 |
(2) Any question or issue that is certified for placement on | 308 |
a ballot on or after | 309 |
2010, shall be certified not later than the ninetieth day before | 310 |
the day of the applicable election, notwithstanding any deadlines | 311 |
appearing in any section of the Revised Code governing the | 312 |
placement of that question or issue on the ballot. | 313 |
Sec. 3501.05. (A) The secretary of state shall do all of the | 314 |
following: | 315 |
| 316 |
| 317 |
accordance with section 3501.053 of the Revised Code to members of | 318 |
the boards as to the proper methods of conducting elections. | 319 |
| 320 |
elections; | 321 |
| 322 |
sufficient number of indexed copies of all election laws then in | 323 |
force; | 324 |
| 325 |
or amendments required by law to be submitted to the voters; | 326 |
| 327 |
records; | 328 |
| 329 |
forms of all blanks, cards of instructions, pollbooks, tally | 330 |
sheets, certificates of election, and forms and blanks required by | 331 |
law for use by candidates, committees, and boards; | 332 |
| 333 |
the ballot for any proposed law or amendment to the constitution | 334 |
to be submitted to the voters of the state; | 335 |
| 336 |
Revised Code, certify to the several boards the forms of ballots | 337 |
and names of candidates for state offices, and the form and | 338 |
wording of state referendum questions and issues, as they shall | 339 |
appear on the ballot; | 340 |
| 341 |
section 3501.38 of the Revised Code, give final approval to ballot | 342 |
language for any local question or issue approved and transmitted | 343 |
by boards of elections under section 3501.11 of the Revised Code; | 344 |
| 345 |
state questions and issues and determine and certify to the | 346 |
sufficiency of those petitions; | 347 |
| 348 |
provided by law, or as the secretary of state considers necessary; | 349 |
| 350 |
several counties of the requirements of the election laws; | 351 |
| 352 |
353 | |
of election laws, frauds, and irregularities in elections in any | 354 |
county, and report violations of election laws to the attorney | 355 |
general or prosecuting attorney, or both, for prosecution; | 356 |
| 357 |
comply with or a violation of a provision in sections 3517.08 to | 358 |
3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or | 359 |
3599.031 of the Revised Code, whenever the secretary of state has | 360 |
or should have knowledge of a failure to comply with or a | 361 |
violation of a provision in one of those sections, by filing a | 362 |
complaint with the Ohio elections commission under section | 363 |
3517.153 of the Revised Code | 364 |
| 365 |
results of elections, the cost of elections in the various | 366 |
counties, a tabulation of the votes in the several political | 367 |
subdivisions, and other information and recommendations relative | 368 |
to elections the secretary of state considers desirable; | 369 |
| 370 |
list of instructions indicating all legal steps necessary to | 371 |
petition successfully for local option elections under sections | 372 |
4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised | 373 |
Code; | 374 |
| 375 |
Code for the removal | 376 |
from the statewide voter registration database and, if applicable, | 377 |
from the poll list or signature pollbook used in each precinct, | 378 |
which rules shall provide for all of the following: | 379 |
| 380 |
residence, which shall be uniform, nondiscriminatory, and in | 381 |
compliance with the Voting Rights Act of 1965 and the National | 382 |
Voter Registration Act of 1993, including a program that uses the | 383 |
national change of address service provided by the United States | 384 |
postal system through its licensees; | 385 |
| 386 |
section 3503.21 of the Revised Code; | 387 |
| 388 |
voter who is ineligible to vote from the statewide voter | 389 |
registration database and, if applicable, from the poll list or | 390 |
signature pollbook used in each precinct and noting the reason for | 391 |
that mark or removal. | 392 |
| 393 |
updating voter registration information, such as name and | 394 |
residence changes, by boards of elections, designated agencies, | 395 |
offices of deputy registrars of motor vehicles, public high | 396 |
schools and vocational schools, public libraries, and offices of | 397 |
county treasurers consistent with the requirements of section | 398 |
3503.09 of the Revised Code; | 399 |
| 400 |
registration forms through boards of elections, designated | 401 |
agencies, offices of the registrar and deputy registrars of motor | 402 |
vehicles, public high schools and vocational schools, public | 403 |
libraries, and offices of county treasurers; | 404 |
| 405 |
and upon request, of the voter registration form in post offices | 406 |
in this state; | 407 |
| 408 |
Code for the purpose of implementing the program for registering | 409 |
voters through boards of elections, designated agencies, and the | 410 |
offices of the registrar and deputy registrars of motor vehicles | 411 |
consistent with this chapter; | 412 |
| 413 |
Disabilities Act coordinator within the office of the secretary of | 414 |
state to do all of the following: | 415 |
| 416 |
is equal access to polling places for persons with disabilities; | 417 |
| 418 |
voter may cast the voter's ballot in a manner that provides the | 419 |
same opportunity for access and participation, including privacy | 420 |
and independence, as for other voters; | 421 |
| 422 |
standards for the certification of voting machines, marking | 423 |
devices, and automatic tabulating equipment. | 424 |
| 425 |
database of all legally registered voters under section 3503.15 of | 426 |
the Revised Code that complies with the requirements of the "Help | 427 |
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, | 428 |
and provide training in the operation of that system; | 429 |
| 430 |
instructions, or decisions issued or made during or as a result of | 431 |
any conference or teleconference call with a board of elections to | 432 |
discuss the proper methods and procedures for conducting | 433 |
elections, to answer questions regarding elections, or to discuss | 434 |
the interpretation of directives, advisories, or other | 435 |
instructions issued by the secretary of state are posted on a web | 436 |
site of the office of the secretary of state as soon as is | 437 |
practicable after the completion of the conference or | 438 |
teleconference call, but not later than the close of business on | 439 |
the same day as the conference or teleconference call takes place. | 440 |
| 441 |
secretary of state not later than one month after the completion | 442 |
of the canvass of the election returns for each primary and | 443 |
general election, identifying, by county, the number of absent | 444 |
voter's ballots cast and the number of those ballots that were | 445 |
counted, and the number of provisional ballots cast and the number | 446 |
of those ballots that were counted, for that election. The | 447 |
secretary of state shall maintain the information on the web site | 448 |
in an archive format for each subsequent election. | 449 |
| 450 |
identification, absent voters ballot, provisional ballot, and | 451 |
other voting requirements; | 452 |
| 453 |
may make available to a board of elections a more recent signature | 454 |
to be used in the poll list or signature pollbook produced by the | 455 |
board of elections of the county in which the elector resides; | 456 |
| 457 |
part of the official explanations and arguments, by means of | 458 |
direct mail or other written publication, broadcast, or other | 459 |
means or combination of means, as directed by the Ohio ballot | 460 |
board under division (F) of section 3505.062 of the Revised Code, | 461 |
in order to inform the voters as fully as possible concerning each | 462 |
proposed constitutional amendment, proposed law, or referendum; | 463 |
| 464 |
implementation of the "Uniformed and Overseas Citizens Absentee | 465 |
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, | 466 |
et seq., as amended, in this state. The secretary of state may | 467 |
delegate to the boards of elections responsibilities for the | 468 |
implementation of that act, including responsibilities arising | 469 |
from amendments to that act made by the "Military and Overseas | 470 |
Voter Empowerment Act," Subtitle H of the National Defense | 471 |
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 | 472 |
Stat. 3190. | 473 |
| 474 |
history of each registered elector who cast a ballot in an | 475 |
election, for inclusion in the statewide voter registration | 476 |
database. The secretary of state shall determine, by rule, the | 477 |
length of an elector's voting history that shall be included in | 478 |
the database; | 479 |
(31) Adopt rules, under Chapter 119. of the Revised Code, to | 480 |
establish procedures and standards for determining when a board of | 481 |
elections shall be placed under the official oversight of the | 482 |
secretary of state, placing a board of elections under the | 483 |
official oversight of the secretary of state, a board that is | 484 |
under official oversight to transition out of official oversight, | 485 |
and the secretary of state to supervise a board of elections that | 486 |
is under official oversight of the secretary of state. | 487 |
(32) Perform other duties required by law. | 488 |
(B) Whenever a primary election is held under section 3513.32 | 489 |
of the Revised Code or a special election is held under section | 490 |
3521.03 of the Revised Code to fill a vacancy in the office of | 491 |
representative to congress, the secretary of state shall establish | 492 |
a deadline, notwithstanding any other deadline required under the | 493 |
Revised Code, by which any or all of the following shall occur: | 494 |
the filing of a declaration of candidacy and petitions or a | 495 |
statement of candidacy and nominating petition together with the | 496 |
applicable filing fee; the filing of protests against the | 497 |
candidacy of any person filing a declaration of candidacy or | 498 |
nominating petition; the filing of a declaration of intent to be a | 499 |
write-in candidate; the filing of campaign finance reports; the | 500 |
preparation of, and the making of corrections or challenges to, | 501 |
precinct voter registration lists; the receipt of applications for | 502 |
absent voter's ballots or | 503 |
overseas absent voter's ballots; the supplying of election | 504 |
materials to precincts by boards of elections; the holding of | 505 |
hearings by boards of elections to consider challenges to the | 506 |
right of a person to appear on a voter registration list; and the | 507 |
scheduling of programs to instruct or reinstruct election | 508 |
officers. | 509 |
(C) In the performance of the secretary of state's duties as | 510 |
the chief election officer, the secretary of state may administer | 511 |
oaths, issue subpoenas, summon witnesses, compel the production of | 512 |
books, papers, records, and other evidence, and fix the time and | 513 |
place for hearing any matters relating to the administration and | 514 |
enforcement of the election laws. | 515 |
(D) In any controversy involving or arising out of the | 516 |
adoption of registration or the appropriation of funds for | 517 |
registration, the secretary of state may, through the attorney | 518 |
general, bring an action in the name of the state in the court of | 519 |
common pleas of the county where the cause of action arose or in | 520 |
an adjoining county, to adjudicate the question. | 521 |
In any action involving the laws in Title XXXV of the Revised | 522 |
Code wherein the interpretation of those laws is in issue in such | 523 |
a manner that the result of the action will affect the lawful | 524 |
duties of the secretary of state or of any board of elections, the | 525 |
secretary of state may, on the secretary of state's motion, be | 526 |
made a party. | 527 |
The secretary of state may apply to any court that is hearing | 528 |
a case in which the secretary of state is a party, for a change of | 529 |
venue as a substantive right, and the change of venue shall be | 530 |
allowed, and the case removed to the court of common pleas of an | 531 |
adjoining county named in the application or, if there are cases | 532 |
pending in more than one jurisdiction that involve the same or | 533 |
similar issues, the court of common pleas of Franklin county. | 534 |
(E) Public high schools and vocational schools, public | 535 |
libraries, and the office of a county treasurer shall implement | 536 |
voter registration programs as directed by the secretary of state | 537 |
pursuant to this section. | 538 |
Sec. 3501.051. (A) Notwithstanding any other section of the | 539 |
Revised Code, the secretary of state may authorize, in one or more | 540 |
precincts in one or more counties, a program allowing individuals | 541 |
under the age of eighteen to enter the polling place and vote in a | 542 |
simulated election held at the same time as a general election. | 543 |
Any individual working in or supervising at a simulated election | 544 |
may enter the polling place and remain within it during the entire | 545 |
period the polls are open. | 546 |
(B) A program established under division (A) of this section | 547 |
shall require all of the following: | 548 |
(1) That the duties imposed on | 549 |
officials and peace officers under section 3501.33 of the Revised | 550 |
Code be performed by those | 551 |
to simulated elections and all activities related to simulated | 552 |
elections; | 553 |
(2) That volunteers provide the personnel necessary to | 554 |
conduct the simulated election, except that employees of the | 555 |
secretary of state, employees or members of boards of elections, | 556 |
and precinct election officials may aid in operating the program | 557 |
to the extent permitted by the secretary of state; | 558 |
(3) That individuals under the age of fourteen be accompanied | 559 |
to the simulated election by an individual eighteen years of age | 560 |
or over; | 561 |
(4) Any other requirements the secretary of state considers | 562 |
necessary for the orderly administration of the election process. | 563 |
Sec. 3501.053. (A) The secretary of state may issue | 564 |
instructions as to the proper method of conducting elections to | 565 |
members of the boards of elections by permanent or temporary | 566 |
directives. | 567 |
(1) The secretary of state shall establish a process to allow | 568 |
public review and public comment of proposed directives. Prior to | 569 |
issuing any permanent directive, the secretary of state shall | 570 |
provide reasonable notice of the issuance of the directive and | 571 |
allow a reasonable amount of time for public review and public | 572 |
comment of the proposed directive under this division. | 573 |
No permanent directive shall be issued during the period | 574 |
beginning ninety days prior to the day of an election and ending | 575 |
on the fortieth day following the day of that election. | 576 |
(2) Temporary directives shall only be issued, and shall only | 577 |
have effect, during the period beginning | 578 |
to the day of an election and ending on the | 579 |
following the day of that election. Temporary directives shall not | 580 |
be subject to public review and public comment under division | 581 |
(A)(1) of this section. | 582 |
A temporary directive shall not become a permanent directive | 583 |
unless the temporary directive is proposed as a permanent | 584 |
directive and subject to public review and public comment under | 585 |
division (A)(1) of this section. | 586 |
If the situation prompting the establishment of a temporary | 587 |
directive appears likely to recur, the secretary of state shall | 588 |
establish a permanent directive addressing the situation. | 589 |
(B) In addition to any other publication of directives and | 590 |
advisories issued by the secretary of state, the secretary of | 591 |
state shall publish those directives and advisories on a web site | 592 |
of the office of the secretary of state as soon as is practicable | 593 |
after they are issued, but not later than the close of business on | 594 |
the same day as a directive or advisory is issued. The secretary | 595 |
of state shall not remove from the web site any directives and | 596 |
advisories so posted. The secretary of state shall provide on that | 597 |
web site access to all directives and advisories currently in | 598 |
effect and maintain an archive of all directives and advisories | 599 |
previously published on that web site. | 600 |
Sec. 3501.11. Each board of elections shall exercise by a | 601 |
majority vote all powers granted to the board by Title XXXV of the | 602 |
Revised Code, shall perform all the duties imposed by law, and | 603 |
shall do all of the following: | 604 |
(A) Establish, define, provide, rearrange, and combine | 605 |
election precincts; | 606 |
(B) Fix and provide the places for registration and for | 607 |
holding primaries and elections; | 608 |
(C) Provide for the purchase, preservation, and maintenance | 609 |
of booths, ballot boxes, books, maps, flags, blanks, cards of | 610 |
instructions, and other forms, papers, and equipment used in | 611 |
registration, nominations, and elections; | 612 |
(D) Appoint and remove its director, deputy director, and | 613 |
employees and all registrars, | 614 |
and other officers of elections, fill vacancies, and designate the | 615 |
ward or district and precinct in which each shall serve; | 616 |
(E) Make and issue rules and instructions, not inconsistent | 617 |
with law or the rules, directives, or advisories issued by the | 618 |
secretary of state, as it considers necessary for the guidance of | 619 |
election officers and voters; | 620 |
(F) Advertise and contract for the printing of all ballots | 621 |
and other supplies used in registrations and elections; | 622 |
(G) Provide for the issuance of all notices, advertisements, | 623 |
and publications concerning elections, except as otherwise | 624 |
provided in division (G) of section 3501.17 and divisions (F) and | 625 |
(G) of section 3505.062 of the Revised Code; | 626 |
(H) Provide for the delivery of ballots, pollbooks, and other | 627 |
required papers and material to the polling places; | 628 |
(I) Cause the polling places to be suitably provided with | 629 |
voting machines, marking devices, automatic tabulating equipment, | 630 |
stalls, and other required supplies. In fulfilling this duty, each | 631 |
board of a county that uses voting machines, marking devices, or | 632 |
automatic tabulating equipment shall conduct a full vote of the | 633 |
board during a public session of the board on the allocation and | 634 |
distribution of voting machines, marking devices, and automatic | 635 |
tabulating equipment for each precinct in the county. | 636 |
(J) Investigate irregularities, nonperformance of duties, or | 637 |
violations of Title XXXV of the Revised Code by election officers | 638 |
and other persons; administer oaths, issue subpoenas, summon | 639 |
witnesses, and compel the production of books, papers, records, | 640 |
and other evidence in connection with any such investigation; and | 641 |
report the facts to the prosecuting attorney or the secretary of | 642 |
state; | 643 |
(K) Review, examine, and certify the sufficiency and validity | 644 |
of petitions and nomination papers, and, after certification, | 645 |
return to the secretary of state all petitions and nomination | 646 |
papers that the secretary of state forwarded to the board; | 647 |
(L) Receive the returns of elections, canvass the returns, | 648 |
make abstracts of them, and transmit those abstracts to the proper | 649 |
authorities; | 650 |
(M) Issue certificates of election on forms to be prescribed | 651 |
by the secretary of state; | 652 |
(N) Make an annual report to the secretary of state, on the | 653 |
form prescribed by the secretary of state, containing a statement | 654 |
of the number of voters registered, elections held, votes cast, | 655 |
appropriations received, expenditures made, and other data | 656 |
required by the secretary of state; | 657 |
(O) Prepare and submit to the proper appropriating officer a | 658 |
budget estimating the cost of elections for the ensuing fiscal | 659 |
year; | 660 |
(P) Perform other duties as prescribed by law or the rules, | 661 |
directives, or advisories of the secretary of state; | 662 |
(Q) Investigate and determine the residence qualifications of | 663 |
electors; | 664 |
(R) Administer oaths in matters pertaining to the | 665 |
administration of the election laws; | 666 |
(S) Prepare and submit to the secretary of state, whenever | 667 |
the secretary of state requires, a report containing the names and | 668 |
residence addresses of all incumbent county, municipal, township, | 669 |
and board of education officials serving in their respective | 670 |
counties; | 671 |
(T) Establish and maintain a voter registration database of | 672 |
all qualified electors in the county who offer to register; | 673 |
(U) Maintain voter registration records, make reports | 674 |
concerning voter registration as required by the secretary of | 675 |
state, and remove ineligible electors from voter registration | 676 |
lists in accordance with law and directives of the secretary of | 677 |
state; | 678 |
(V) Give approval to ballot language for any local question | 679 |
or issue and transmit the language to the secretary of state for | 680 |
the secretary of state's final approval; | 681 |
(W) Prepare and cause the following notice to be displayed in | 682 |
a prominent location in every polling place: | 683 |
684 | |
Ohio law prohibits any person from voting or attempting to | 685 |
vote more than once at the same election. | 686 |
Violators are guilty of a felony of the fourth degree and | 687 |
shall be imprisoned and additionally may be fined in accordance | 688 |
with law." | 689 |
(X) In all cases of a tie vote or a disagreement in the | 690 |
board, if no decision can be arrived at, the director or | 691 |
chairperson shall submit the matter in controversy, not later than | 692 |
fourteen days after the tie vote or the disagreement, to the | 693 |
secretary of state, who shall summarily decide the question, and | 694 |
the secretary of state's decision shall be final. | 695 |
(Y) Assist each designated agency, deputy registrar of motor | 696 |
vehicles, public high school and vocational school, public | 697 |
library, and office of a county treasurer in the implementation of | 698 |
a program for registering voters at all voter registration | 699 |
locations as prescribed by the secretary of state. Under this | 700 |
program, each board of elections shall direct to the appropriate | 701 |
board of elections any voter registration applications for persons | 702 |
residing outside the county where the board is located within five | 703 |
days after receiving the applications. | 704 |
(Z) On any day on which an elector may vote in person at the | 705 |
office of the board or at another site designated by the board, | 706 |
consider the board or other designated site a polling place for | 707 |
that day. All requirements or prohibitions of law that apply to a | 708 |
polling place shall apply to the office of the board or other | 709 |
designated site on that day. | 710 |
(AA) Perform any duties with respect to voter registration | 711 |
and voting by uniformed services and overseas voters that are | 712 |
delegated to the board by law or by the rules, directives, or | 713 |
advisories of the secretary of state. | 714 |
(BB) Maintain a list of registered electors in the county who | 715 |
cast a ballot at each election, which list shall be provided to | 716 |
the secretary of state following each election. | 717 |
Sec. 3501.111. A board of elections may contract with another | 718 |
board of elections in this state, with a county automatic data | 719 |
processing board, or with an educational service center for the | 720 |
provision of election services, including any duties imposed upon | 721 |
the board of elections under section 3501.11 of the Revised Code. | 722 |
Any contract entered into pursuant to this section shall be | 723 |
approved by the boards of county commissioners of the affected | 724 |
counties. | 725 |
Sec. 3501.13. (A) The director of the board of elections | 726 |
shall keep a full and true record of the proceedings of the board | 727 |
and of all moneys received and expended; file and preserve in the | 728 |
board's office all orders and records pertaining to the | 729 |
administration of registrations, primaries, and elections; receive | 730 |
and have the custody of all books, papers, and property belonging | 731 |
to the board; and perform other duties in connection with the | 732 |
office of director and the proper conduct of elections as the | 733 |
board determines. | 734 |
(B) Before entering upon the duties of the office, the | 735 |
director shall subscribe to an oath that the director will support | 736 |
the Constitution of the United States and the Ohio Constitution, | 737 |
perform all the duties of the office to the best of the director's | 738 |
ability, enforce the election laws, and preserve all records, | 739 |
documents, and other property pertaining to the conduct of | 740 |
elections placed in the director's custody. | 741 |
(C) The director may administer oaths to persons required by | 742 |
law to file certificates or other papers with the board, to | 743 |
744 | |
called to testify before the board, and to voters filling out | 745 |
blanks at the board's offices. Except as otherwise provided by | 746 |
state or federal law, the records of the board and papers and | 747 |
books filed in its office are public records and open to | 748 |
inspection under such reasonable regulations as shall be | 749 |
established by the board. The social security number of any | 750 |
elector or of any applicant for voter registration is not a public | 751 |
record. The board shall redact any such number from any record | 752 |
that it makes open to public inspection or copying under this | 753 |
section. | 754 |
The following notice shall be posted in a prominent place at | 755 |
each board office: | 756 |
"Except as otherwise provided by state or federal law, | 757 |
records filed in this office of the board of elections are open to | 758 |
public inspection during normal office hours, pursuant to the | 759 |
following reasonable regulations: (the board shall here list its | 760 |
regulations). Whoever prohibits any person from inspecting the | 761 |
public records of this board is subject to the penalties of | 762 |
section 3599.161 of the Revised Code." | 763 |
(D) Upon receipt of a written declaration of intent to retire | 764 |
as provided for in section 145.38 of the Revised Code, the | 765 |
director shall provide a copy to each member of the board of | 766 |
elections. | 767 |
Sec. 3501.17. (A) The expenses of the board of elections | 768 |
shall be paid from the county treasury, in pursuance of | 769 |
appropriations by the board of county commissioners, in the same | 770 |
manner as other county expenses are paid. If the board of county | 771 |
commissioners fails to appropriate an amount sufficient to provide | 772 |
for the necessary and proper expenses of the board of elections | 773 |
pertaining to the conduct of elections, the board of elections may | 774 |
apply to the court of common pleas within the county, which shall | 775 |
fix the amount necessary to be appropriated and the amount shall | 776 |
be appropriated. Payments shall be made upon vouchers of the board | 777 |
of elections certified to by its chairperson or acting chairperson | 778 |
and the director or deputy director, upon warrants of the county | 779 |
auditor. | 780 |
The board of elections shall not incur any obligation | 781 |
involving the expenditure of money unless there are moneys | 782 |
sufficient in the funds appropriated therefor to meet the | 783 |
obligation. If the board of elections requests a transfer of funds | 784 |
from one of its appropriation items to another, the board of | 785 |
county commissioners shall adopt a resolution providing for the | 786 |
transfer except as otherwise provided in section 5705.40 of the | 787 |
Revised Code. The expenses of the board of elections shall be | 788 |
apportioned among the county and the various subdivisions as | 789 |
provided in this section, and the amount chargeable to each | 790 |
subdivision shall be paid as provided in division (J) of this | 791 |
section or withheld by the auditor from the moneys payable thereto | 792 |
at the time of the next tax settlement. At the time of submitting | 793 |
budget estimates in each year, the board of elections shall submit | 794 |
to the taxing authority of each subdivision, upon the request of | 795 |
the subdivision, an estimate of the amount to be paid or withheld | 796 |
from the subdivision during the current or next fiscal year. | 797 |
(B) Except as otherwise provided in division (F) of this | 798 |
section, the compensation of the members of the board of elections | 799 |
and of the director, deputy director, and regular employees in the | 800 |
board's offices, other than compensation for overtime worked; the | 801 |
expenditures for the rental, furnishing, and equipping of the | 802 |
office of the board and for the necessary office supplies for the | 803 |
use of the board; the expenditures for the acquisition, repair, | 804 |
care, and custody of the polling places, booths, guardrails, and | 805 |
other equipment for polling places; the cost of tally sheets, | 806 |
maps, flags, ballot boxes, and all other permanent records and | 807 |
equipment; the cost of all elections held in and for the state and | 808 |
county; and all other expenses of the board which are not | 809 |
chargeable to a political subdivision in accordance with this | 810 |
section shall be paid in the same manner as other county expenses | 811 |
are paid. | 812 |
(C) The compensation of | 813 |
officials and intermittent employees in the board's offices; the | 814 |
cost of renting, moving, heating, and lighting polling places and | 815 |
of placing and removing ballot boxes and other fixtures and | 816 |
equipment thereof, including voting machines, marking devices, and | 817 |
automatic tabulating equipment; the cost of printing and | 818 |
delivering ballots, cards of instructions, registration lists | 819 |
required under section 3503.23 of the Revised Code, and other | 820 |
election supplies, including the supplies required to comply with | 821 |
division (H) of section 3506.01 of the Revised Code; the cost of | 822 |
contractors engaged by the board to prepare, program, test, and | 823 |
operate voting machines, marking devices, and automatic tabulating | 824 |
equipment; and all other expenses of conducting primaries and | 825 |
elections in the odd-numbered years shall be charged to the | 826 |
subdivisions in and for which such primaries or elections are | 827 |
held. The charge for each primary or general election in | 828 |
odd-numbered years for each subdivision shall be determined in the | 829 |
following manner: first, the total cost of all chargeable items | 830 |
used in conducting such elections shall be ascertained; second, | 831 |
the total charge shall be divided by the number of precincts | 832 |
participating in such election, in order to fix the cost per | 833 |
precinct; third, the cost per precinct shall be prorated by the | 834 |
board of elections to the subdivisions conducting elections for | 835 |
the nomination or election of offices in such precinct; fourth, | 836 |
the total cost for each subdivision shall be determined by adding | 837 |
the charges prorated to it in each precinct within the | 838 |
subdivision. | 839 |
(D) The entire cost of special elections held on a day other | 840 |
than the day of a primary or general election, both in | 841 |
odd-numbered or in even-numbered years, shall be charged to the | 842 |
subdivision. Where a special election is held on the same day as a | 843 |
primary or general election in an even-numbered year, the | 844 |
subdivision submitting the special election shall be charged only | 845 |
for the cost of ballots and advertising. Where a special election | 846 |
is held on the same day as a primary or general election in an | 847 |
odd-numbered year, the subdivision submitting the special election | 848 |
shall be charged for the cost of ballots and advertising for such | 849 |
special election, in addition to the charges prorated to such | 850 |
subdivision for the election or nomination of candidates in each | 851 |
precinct within the subdivision, as set forth in the preceding | 852 |
paragraph. | 853 |
(E) Where a special election is held on the day specified by | 854 |
division (E) of section 3501.01 of the Revised Code for the | 855 |
holding of a primary election, for the purpose of submitting to | 856 |
the voters of the state constitutional amendments proposed by the | 857 |
general assembly, and a subdivision conducts a special election on | 858 |
the same day, the entire cost of the special election shall be | 859 |
divided proportionally between the state and the subdivision based | 860 |
upon a ratio determined by the number of issues placed on the | 861 |
ballot by each, except as otherwise provided in division (G) of | 862 |
this section. Such proportional division of cost shall be made | 863 |
only to the extent funds are available for such purpose from | 864 |
amounts appropriated by the general assembly to the secretary of | 865 |
state. If a primary election is also being conducted in the | 866 |
subdivision, the costs shall be apportioned as otherwise provided | 867 |
in this section. | 868 |
(F) When a precinct is open during a general, primary, or | 869 |
special election solely for the purpose of submitting to the | 870 |
voters a statewide ballot issue, the state shall bear the entire | 871 |
cost of the election in that precinct and shall reimburse the | 872 |
county for all expenses incurred in opening the precinct. | 873 |
(G)(1) The state shall bear the entire cost of advertising in | 874 |
newspapers statewide ballot issues, explanations of those issues, | 875 |
and arguments for or against those issues, as required by Section | 876 |
1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 877 |
and any other section of law. Appropriations made to the | 878 |
controlling board shall be used to reimburse the secretary of | 879 |
state for all expenses the secretary of state incurs for such | 880 |
advertising under division (G) of section 3505.062 of the Revised | 881 |
Code. | 882 |
(2) There is hereby created in the state treasury the | 883 |
statewide ballot advertising fund. The fund shall receive | 884 |
transfers approved by the controlling board, and shall be used by | 885 |
the secretary of state to pay the costs of advertising state | 886 |
ballot issues as required under division (G)(1) of this section. | 887 |
Any such transfers may be requested from and approved by the | 888 |
controlling board prior to placing the advertising, in order to | 889 |
facilitate timely provision of the required advertising. | 890 |
(H) The cost of renting, heating, and lighting registration | 891 |
places; the cost of the necessary books, forms, and supplies for | 892 |
the conduct of registration; and the cost of printing and posting | 893 |
precinct registration lists shall be charged to the subdivision in | 894 |
which such registration is held. | 895 |
(I) At the request of a majority of the members of the board | 896 |
of elections, the board of county commissioners may, by | 897 |
resolution, establish an elections revenue fund. Except as | 898 |
otherwise provided in this division, the purpose of the fund shall | 899 |
be to accumulate revenue withheld by or paid to the county under | 900 |
this section for the payment of any expense related to the duties | 901 |
of the board of elections specified in section 3501.11 of the | 902 |
Revised Code, upon approval of a majority of the members of the | 903 |
board of elections. The fund shall not accumulate any revenue | 904 |
withheld by or paid to the county under this section for the | 905 |
compensation of the members of the board of elections or of the | 906 |
director, deputy director, or other regular employees in the | 907 |
board's offices, other than compensation for overtime worked. | 908 |
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the | 909 |
Revised Code, the board of county commissioners may, by | 910 |
resolution, transfer money to the elections revenue fund from any | 911 |
other fund of the political subdivision from which such payments | 912 |
lawfully may be made. Following an affirmative vote of a majority | 913 |
of the members of the board of elections, the board of county | 914 |
commissioners may, by resolution, rescind an elections revenue | 915 |
fund established under this division. If an elections revenue fund | 916 |
is rescinded, money that has accumulated in the fund shall be | 917 |
transferred to the county general fund. | 918 |
(J)(1) Not less than fifteen business days before the | 919 |
deadline for submitting a question or issue for placement on the | 920 |
ballot at a special election, the board of elections shall prepare | 921 |
and file with the board of county commissioners and the office of | 922 |
the secretary of state the estimated cost, based on the factors | 923 |
enumerated in this section, for preparing for and conducting an | 924 |
election on one question or issue, one nomination for office, or | 925 |
one election to office in each precinct in the county at that | 926 |
special election and shall divide that cost by the number of | 927 |
registered voters in the county. | 928 |
(2) The board of elections shall provide to a political | 929 |
subdivision seeking to submit a question or issue, a nomination | 930 |
for office, or an election to office for placement on the ballot | 931 |
at a special election with the estimated cost for preparing for | 932 |
and conducting that election, which shall be calculated either by | 933 |
multiplying the number of registered voters in the political | 934 |
subdivision with the cost calculated under division (J)(1) of this | 935 |
section or by multiplying the cost per precinct with the number or | 936 |
precincts in the political subdivision. A political subdivision | 937 |
submitting a question or issue, a nomination for office, or an | 938 |
election to office for placement on the ballot at that special | 939 |
election shall pay to the county elections revenue fund seventy | 940 |
per cent of the estimated cost of the election not less than ten | 941 |
business days after the deadline for submitting a question or | 942 |
issue for placement on the ballot for that special election. | 943 |
(3) Not later than sixty days after the date of a special | 944 |
election, the board of elections shall provide to each political | 945 |
subdivision the true and accurate cost for the question or issue, | 946 |
nomination for office, or election to office that the subdivision | 947 |
submitted to the voters on the special election ballots. If the | 948 |
board of elections determines that a subdivision paid less for the | 949 |
cost of preparing and conducting a special election under division | 950 |
(J)(2) of this section than the actual cost calculated under this | 951 |
division, the subdivision shall remit to the county elections | 952 |
revenue fund the difference between the payment made under | 953 |
division (J)(2) of this section and the final cost calculated | 954 |
under this division within thirty days after being notified of the | 955 |
final cost. If the board of elections determines that a | 956 |
subdivision paid more for the cost of preparing and conducting a | 957 |
special election under division (J)(2) of this section than the | 958 |
actual cost calculated under this division, the board of elections | 959 |
promptly shall notify the board of county commissioners of that | 960 |
difference. The board of county commissioners shall remit from the | 961 |
county elections revenue fund to the political subdivision the | 962 |
difference between the payment made under division (J)(2) of this | 963 |
section and the final cost calculated under this division within | 964 |
thirty days after receiving that notification. | 965 |
(K) As used in this section: | 966 |
(1) "Political subdivision" and "subdivision" mean any board | 967 |
of county commissioners, board of township trustees, legislative | 968 |
authority of a municipal corporation, board of education, or any | 969 |
other board, commission, district, or authority that is empowered | 970 |
to levy taxes or permitted to receive the proceeds of a tax levy, | 971 |
regardless of whether the entity receives tax settlement moneys as | 972 |
described in division (A) of this section; | 973 |
(2) "Statewide ballot issue" means any ballot issue, whether | 974 |
proposed by the general assembly or by initiative or referendum, | 975 |
that is submitted to the voters throughout the state. | 976 |
Sec. 3501.18. (A) The board of elections may divide a | 977 |
political subdivision within its jurisdiction into precincts, | 978 |
establish, define, divide, rearrange, and combine the several | 979 |
election precincts within its jurisdiction, and change the | 980 |
location of the polling place for each precinct when it is | 981 |
necessary to maintain the requirements as to the number of voters | 982 |
in a precinct and to provide for the convenience of the voters and | 983 |
the proper conduct of elections. No change in the number of | 984 |
precincts or in precinct boundaries shall be made during the | 985 |
twenty-five days immediately preceding a primary or general | 986 |
election or between the first day of January and the day on which | 987 |
the members of county central committees are elected in the years | 988 |
in which those committees are elected. Except as otherwise | 989 |
provided in section 3501.20 of the Revised Code and in division | 990 |
(C) of this section, each precinct shall contain a number of | 991 |
electors, not to exceed one thousand four hundred and, if the | 992 |
precinct is located in a municipal corporation, not less than five | 993 |
hundred, that the board of elections determines to be a reasonable | 994 |
number after taking into consideration the type and amount of | 995 |
available equipment, prior voter turnout, the size and location of | 996 |
each selected polling place, available parking, availability of an | 997 |
adequate number of poll workers, and handicap accessibility and | 998 |
other accessibility to the polling place. | 999 |
If the board changes the boundaries of a precinct after the | 1000 |
filing of a local option election petition pursuant to sections | 1001 |
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that | 1002 |
calls for a local option election to be held in that precinct, the | 1003 |
local option election shall be held in the area that constituted | 1004 |
the precinct at the time the local option petition was filed, | 1005 |
regardless of the change in the boundaries. | 1006 |
If the board changes the boundaries of a precinct in order to | 1007 |
meet the requirements of division (B)(1) of this section in a | 1008 |
manner that causes a member of a county central committee to no | 1009 |
longer qualify as a representative of an election precinct in the | 1010 |
county, of a ward of a city in the county, or of a township in the | 1011 |
county, the member shall continue to represent the precinct, ward, | 1012 |
or township for the remainder of the member's term, regardless of | 1013 |
the change in boundaries. | 1014 |
In an emergency, the board may provide more than one polling | 1015 |
place in a precinct. In order to provide for the convenience of | 1016 |
the voters, the board may locate polling places for voting or | 1017 |
registration outside the boundaries of precincts, provided that | 1018 |
the nearest public school or public building shall be used if the | 1019 |
board determines it to be available and suitable for use as a | 1020 |
polling place. Except in an emergency, no change in the number or | 1021 |
location of the polling places in a precinct shall be made during | 1022 |
the twenty-five days immediately preceding a primary or general | 1023 |
election. | 1024 |
Electors who have failed to respond within thirty days to any | 1025 |
confirmation notice shall not be counted in determining the size | 1026 |
of any precinct under this section. | 1027 |
(B)(1) Except as otherwise provided in division (B)(2) of | 1028 |
this section, a board of elections shall determine all precinct | 1029 |
boundaries using geographical units used by the United States | 1030 |
department of commerce, bureau of the census, in reporting the | 1031 |
decennial census of Ohio. | 1032 |
(2) The board of elections may apply to the secretary of | 1033 |
state for a waiver from the requirement of division (B)(1) of this | 1034 |
section when it is not feasible to comply with that requirement | 1035 |
because of unusual physical boundaries or residential development | 1036 |
practices that would cause unusual hardship for voters. The board | 1037 |
shall identify the affected precincts and census units, explain | 1038 |
the reason for the waiver request, and include a map illustrating | 1039 |
where the census units will be split because of the requested | 1040 |
waiver. If the secretary of state approves the waiver and so | 1041 |
notifies the board of elections in writing, the board may change a | 1042 |
precinct boundary as necessary under this section, notwithstanding | 1043 |
the requirement in division (B)(1) of this section. | 1044 |
(C) The board of elections may apply to the secretary of | 1045 |
state for a waiver from the requirement of division (A) of this | 1046 |
section regarding the number of electors in a precinct when the | 1047 |
use of geographical units used by the United States department of | 1048 |
commerce, bureau of the census, will cause a precinct to contain | 1049 |
more than one thousand four hundred electors. The board shall | 1050 |
identify the affected precincts and census units, explain the | 1051 |
reason for the waiver request, and include a map illustrating | 1052 |
where census units will be split because of the requested waiver. | 1053 |
If the secretary of state approves the waiver and so notifies the | 1054 |
board of elections in writing, the board may change a precinct | 1055 |
boundary as necessary to meet the requirements of division (B)(1) | 1056 |
of this section. | 1057 |
(D) A board of elections does not violate division (A) of | 1058 |
this section if its minimum precinct size varies from the minimum | 1059 |
precinct size established in that division by five per cent or | 1060 |
less. | 1061 |
(E) The board of elections may apply to the secretary of | 1062 |
state for a waiver from the minimum precinct size requirements of | 1063 |
division (A) of this section. The board shall identify the | 1064 |
affected precincts and explain the reason for the waiver request. | 1065 |
If the secretary of state approves the waiver and so notifies the | 1066 |
board of elections in writing, the board may change a precinct | 1067 |
boundary in the manner specified in the waiver request. | 1068 |
Sec. 3501.20. | 1069 |
established under section 3501.18 of the Revised Code, the lands | 1070 |
used for a state or national home for disabled soldiers shall | 1071 |
constitute a separate election precinct, and, if necessary, may be | 1072 |
divided and rearranged within such limits as other precincts are | 1073 |
arranged and divided. | 1074 |
Sec. 3501.22. (A) | 1075 |
division (A)(2) of this section, on or before the fifteenth day of | 1076 |
September in each year, the board of elections by a majority vote | 1077 |
shall, after careful examination and investigation as to their | 1078 |
qualifications, appoint for each election precinct four residents | 1079 |
of the county in which the precinct is located, as | 1080 |
election officials. Except as otherwise provided in division (C) | 1081 |
of this section, all
| 1082 |
be qualified electors. The | 1083 |
shall constitute the election officers of the precinct. Not more | 1084 |
than one-half of the total number of | 1085 |
officials shall be members of the same political party. The term | 1086 |
of such precinct officers shall be for one year. The board may, at | 1087 |
any time, designate any number of election officers, not more than | 1088 |
one-half of whom shall be members of the same political party, to | 1089 |
perform their duties at any precinct in any election. The board | 1090 |
may appoint additional officials | 1091 |
1092 | |
the board of elections determines that four precinct election | 1093 |
officials are not required in a precinct for a special election, | 1094 |
the board of elections may select two of the precinct's election | 1095 |
officers, who are not members of the same political party, to | 1096 |
serve as the precinct election officials for that precinct in that | 1097 |
special election. | 1098 |
Vacancies for unexpired terms shall be filled by the board. | 1099 |
When new precincts have been created, the board shall appoint | 1100 |
1101 | |
unexpired term. Any | 1102 |
summarily removed from office at any time by the board for neglect | 1103 |
of duty, malfeasance, or misconduct in office or for any other | 1104 |
good and sufficient reason. | 1105 |
Precinct election officials shall perform all of the duties | 1106 |
provided by law for receiving the ballots and supplies, opening | 1107 |
and closing the polls, and overseeing the casting of ballots | 1108 |
during the time the polls are open, and any other duties required | 1109 |
by section 3501.26 of the Revised Code. | 1110 |
A board of elections may designate two precinct election | 1111 |
officials as counting officials to count and tally the votes cast | 1112 |
and certify the results of the election at each precinct, and | 1113 |
perform other duties as provided by law. To expedite the counting | 1114 |
of votes at each precinct, the board may appoint additional | 1115 |
officials, not more than one-half of whom shall be members of the | 1116 |
same political party. | 1117 |
The board shall designate one of the precinct election | 1118 |
officials | 1119 |
as a | 1120 |
location manager shall be a member of the political party whose | 1121 |
candidate received the highest number of votes for governor in the | 1122 |
precincts whose polling places are located at the applicable | 1123 |
voting location, when tallying the combined vote for governor for | 1124 |
all such precincts. It is the duty | 1125 |
manager to deliver the returns of the election and all supplies to | 1126 |
the office of the board. For these services, the | 1127 |
voting location manager shall receive additional compensation in | 1128 |
an amount, consistent with section 3501.28 of the Revised Code, | 1129 |
determined by the board of elections. | 1130 |
The board shall issue to each precinct election official a | 1131 |
certificate of appointment, which the official shall present to | 1132 |
the | 1133 |
are opened. | 1134 |
(2) If the board of elections, by majority vote, opts to use | 1135 |
multiple precinct polling locations in lieu of any or all | 1136 |
individual precinct polling locations, the board may appoint | 1137 |
precinct election officials for the multiple precinct polling | 1138 |
locations as follows: | 1139 |
(a) For the first precinct combined in a multiple precinct | 1140 |
polling location, the board shall appoint four precinct election | 1141 |
officials, not more than one-half of whom shall be members of the | 1142 |
same political party. | 1143 |
(b) For each additional precinct combined in a multiple | 1144 |
precinct polling location, the board shall appoint two precinct | 1145 |
election officials, not more than one of whom shall be a member of | 1146 |
the same political party. | 1147 |
(c) The board shall designate one of the precinct election | 1148 |
officials appointed under division (A)(2)(a) or (b) of this | 1149 |
section who is a member of the political party whose candidate for | 1150 |
governor received the highest number of votes in the most recent | 1151 |
general election for that office in the precincts combined in the | 1152 |
multiple precinct polling location as the single voting location | 1153 |
manager for the multiple precinct polling location. | 1154 |
(B) If the board of elections determines that not enough | 1155 |
qualified electors in a precinct are available to serve as | 1156 |
precinct officers, it may appoint persons to serve as precinct | 1157 |
officers at a primary, special, or general election who are at | 1158 |
least seventeen years of age and are registered to vote in | 1159 |
accordance with section 3503.07 of the Revised Code. | 1160 |
(C)(1) A board of elections, in conjunction with the board of | 1161 |
education of a city, local, or exempted village school district, | 1162 |
the governing authority of a community school established under | 1163 |
Chapter 3314. of the Revised Code, or the chief administrator of a | 1164 |
nonpublic school may establish a program permitting certain high | 1165 |
school students to apply and, if appointed by the board of | 1166 |
elections, to serve as precinct officers at a primary, special, or | 1167 |
general election. | 1168 |
In addition to the requirements established by division | 1169 |
(C)(2) of this section, a board of education, governing authority, | 1170 |
or chief administrator that establishes a program under this | 1171 |
division in conjunction with a board of elections may establish | 1172 |
additional criteria that students shall meet to be eligible to | 1173 |
participate in that program. | 1174 |
(2)(a) To be eligible to participate in a program established | 1175 |
under division (C)(1) of this section, a student shall be a United | 1176 |
States citizen, a resident of the county, at least seventeen years | 1177 |
of age, and enrolled in the senior year of high school. | 1178 |
(b) Any student applying to participate in a program | 1179 |
established under division (C)(1) of this section, as part of the | 1180 |
student's application process, shall declare the student's | 1181 |
political party affiliation with the board of elections. | 1182 |
(3) No student appointed as a precinct officer pursuant to a | 1183 |
program established under division (C)(1) of this section shall be | 1184 |
designated as a | 1185 |
(4) Any student participating in a program established under | 1186 |
division (C)(1) of this section shall be excused for that | 1187 |
student's absence from school on the day of an election at which | 1188 |
the student is serving as a precinct officer. | 1189 |
(D) In any precinct with six or more precinct officers, up to | 1190 |
two students participating in a program established under division | 1191 |
(C)(1) of this section who are under eighteen years of age may | 1192 |
serve as precinct officers. Not more than one precinct officer in | 1193 |
any given precinct with fewer than six precinct officers shall be | 1194 |
under eighteen years of age. | 1195 |
Sec. 3501.26. When the polls are closed after a primary, | 1196 |
general, or special election, the receiving officials shall, in | 1197 |
the presence of the counting officials and attending observers, | 1198 |
proceed as follows: | 1199 |
(A) Count the number of electors who voted, as shown on the | 1200 |
poll books; | 1201 |
(B) Count the unused ballots without removing stubs; | 1202 |
(C) Count the soiled and defaced ballots; | 1203 |
(D) Insert the totals of divisions (A), (B), and (C) of this | 1204 |
section on the report forms provided therefor in the poll books; | 1205 |
(E) Count the voted ballots. If the number of voted ballots | 1206 |
exceeds the number of voters whose names appear upon the poll | 1207 |
books, the | 1208 |
the poll books an explanation of that discrepancy, and that | 1209 |
explanation, if agreed to, shall be subscribed to by all of the | 1210 |
1211 | |
having a different explanation shall enter it in the poll books | 1212 |
and subscribe to it. | 1213 |
(F) Put the unused ballots with stubs attached, and soiled | 1214 |
and defaced ballots with stubs attached, in the envelopes or | 1215 |
containers provided therefor, and certify the number. | 1216 |
The receiving officials shall deliver to and place in the | 1217 |
custody of the counting officials all the supplies provided for | 1218 |
the conduct of that election and the ballots that are to be | 1219 |
counted and tallied, and take a receipt for the same, which | 1220 |
receipt shall appear in and be a part of the poll books of such | 1221 |
precinct. Having performed their duties, the receiving officials | 1222 |
shall immediately depart. | 1223 |
Having receipted for the ballots, the counting officials | 1224 |
shall proceed to count and tally the vote as cast in the manner | 1225 |
prescribed by section 3505.27 of the Revised Code and certify the | 1226 |
result of the election to the board of elections. | 1227 |
Sec. 3501.27. (A) All | 1228 |
shall complete a program of instruction pursuant to division (B) | 1229 |
of this section. No person who has been convicted of a felony or | 1230 |
any violation of the election laws, who is unable to read and | 1231 |
write the English language readily, or who is a candidate for an | 1232 |
office to be voted for by the voters of the precinct in which the | 1233 |
person is to serve shall serve as an election officer. A person | 1234 |
when appointed as an election officer shall receive from the board | 1235 |
of elections a certificate of appointment that may be revoked at | 1236 |
any time by the board for good and sufficient reasons. The | 1237 |
certificate shall be in the form the board prescribes and shall | 1238 |
specify the precinct, ward, or district in and for which the | 1239 |
person to whom it is issued is appointed to serve, the date of | 1240 |
appointment, and the expiration of the person's term of service. | 1241 |
(B)(1) Each board shall establish a program as prescribed by | 1242 |
the secretary of state for the instruction of election officers in | 1243 |
the rules, procedures, and law relating to elections. In each | 1244 |
program, the board shall use training materials prepared by the | 1245 |
secretary of state and may use additional materials prepared by or | 1246 |
on behalf of the board. The board may use the services of unpaid | 1247 |
volunteers in conducting its program and may reimburse those | 1248 |
volunteers for necessary and actual expenses incurred in | 1249 |
participating in the program. | 1250 |
| 1251 |
shall train each new election officer before the new officer | 1252 |
participates in the first election in that capacity. The board | 1253 |
shall instruct election officials who have been trained previously | 1254 |
only when the board or secretary of state considers that | 1255 |
instruction necessary, but the board shall reinstruct such | 1256 |
persons, other than | 1257 |
least once in every three years and shall reinstruct | 1258 |
1259 | |
even-numbered years. The board shall schedule any program of | 1260 |
instruction within sixty days prior to the election in which the | 1261 |
officials to be trained will participate. | 1262 |
(2) In addition to the training required under division | 1263 |
(B)(1) of this section, the secretary of state may mandate | 1264 |
additional training for election officials on a continuing basis | 1265 |
in an effort to achieve election uniformity. | 1266 |
(C) The duties of a | 1267 |
each polling place shall be performed only by an individual who | 1268 |
has successfully completed the requirements of the program, unless | 1269 |
such an individual is unavailable after reasonable efforts to | 1270 |
obtain such services. | 1271 |
(D) The secretary of state shall establish a program for the | 1272 |
instruction of members of boards of elections and employees of | 1273 |
boards in the rules, procedures, and law relating to elections. | 1274 |
Each member and employee shall complete the training program | 1275 |
within six months after the member's or employee's original | 1276 |
appointment or employment, and thereafter each member and employee | 1277 |
shall complete a training program to update their knowledge once | 1278 |
every four years or more often as determined by the secretary of | 1279 |
state. | 1280 |
(E) The secretary of state shall reimburse each county for | 1281 |
the cost of programs established pursuant to division (B) of this | 1282 |
section, once the secretary of state has received an itemized | 1283 |
statement of expenses for such instruction programs from the | 1284 |
county. The itemized statement shall be in a form prescribed by | 1285 |
the secretary of state. | 1286 |
Sec. 3501.28. (A) As used in this section: | 1287 |
(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor | 1288 |
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as | 1289 |
amended. | 1290 |
(2) "Full election day" means the period of time between the | 1291 |
opening of the polls and the completion of the procedures | 1292 |
contained in section 3501.26 of the Revised Code. | 1293 |
(3) "Services" means services at each general, primary, or | 1294 |
special election. | 1295 |
(B) | 1296 |
1297 | |
1298 | |
1299 | |
1300 |
| 1301 |
precinct election official in a county shall be paid for the | 1302 |
1303 | |
be not less than the minimum hourly rate established by the Fair | 1304 |
Labor Standards Act and not more than ninety-five dollars per | 1305 |
diem. | 1306 |
| 1307 |
adopted under section 111.15 of the Revised Code, the maximum | 1308 |
amount of per diem compensation that may be paid to | 1309 |
precinct election officials under this section each time the Fair | 1310 |
Labor Standards Act is amended to increase the minimum hourly rate | 1311 |
established by the act. Upon learning of such an increase, the | 1312 |
secretary of state shall determine by what percentage the minimum | 1313 |
hourly rate has been increased under the act and establish a new | 1314 |
maximum amount of per diem compensation that | 1315 |
election officials may be paid under this section that is | 1316 |
increased by the same percentage that the minimum hourly rate has | 1317 |
been increased under the act. | 1318 |
| 1319 |
a | 1320 |
a calendar year unless the board has given written notice of the | 1321 |
proposed increase to the board of county commissioners not later | 1322 |
than the first day of October of the preceding calendar year. | 1323 |
(b) Except as otherwise provided in division
| 1324 |
this section, a board of elections may increase the pay of a | 1325 |
1326 | |
but not exceeding, nine per cent over the compensation paid to a | 1327 |
1328 | |
board is located during the previous calendar year, if the | 1329 |
compensation so paid during the previous calendar year was | 1330 |
eighty-five dollars or less per diem. | 1331 |
(c) Except as otherwise provided in division | 1332 |
this section, a board of elections may increase the pay of a | 1333 |
1334 | |
but not exceeding, four and one-half per cent over the | 1335 |
compensation paid to a | 1336 |
the county where the board is located during the previous calendar | 1337 |
year, if the compensation so paid during the previous calendar | 1338 |
year was more than eighty-five but less than ninety-five dollars | 1339 |
per diem. | 1340 |
(2) The board of county commissioners may review and comment | 1341 |
upon a proposed increase and may enter into a written agreement | 1342 |
with a board of elections to permit an increase in the | 1343 |
compensation paid to
| 1344 |
their services during a calendar year that is greater than the | 1345 |
applicable percentage limitation described in division | 1346 |
1347 |
| 1348 |
less than the full election day shall be paid the maximum amount | 1349 |
allowed under this section or the maximum amount as set by the | 1350 |
board of elections, whichever is less. | 1351 |
| 1352 |
to (6) of this section, any employee of the state or of any | 1353 |
political subdivision of the state may serve as a | 1354 |
1355 | |
without loss of the employee's regular compensation for that day | 1356 |
as follows: | 1357 |
(a) For employees of a county office, department, commission, | 1358 |
board, or other entity, or of a court of common pleas, county | 1359 |
court, or county-operated municipal court, as defined in section | 1360 |
1901.03 of the Revised Code, the employee's appointing authority | 1361 |
may permit leave with pay for this service in accordance with a | 1362 |
resolution setting forth the terms and conditions for that leave | 1363 |
passed by the board of county commissioners. | 1364 |
(b) For all other employees of a political subdivision of the | 1365 |
state, leave with pay for this service shall be subject to the | 1366 |
terms and conditions set forth in an ordinance or a resolution | 1367 |
passed by the legislative authority of the applicable political | 1368 |
subdivision. | 1369 |
(c) For state employees, leave with pay for this service | 1370 |
shall be subject to the terms and conditions set forth by the head | 1371 |
of the state agency, as defined in section 1.60 of the Revised | 1372 |
Code, by which the person is employed. | 1373 |
(2) Any terms and conditions set forth by a board of county | 1374 |
commissioners, legislative authority of a political subdivision, | 1375 |
or head of a state agency under division | 1376 |
shall include a standard procedure for deciding which employees | 1377 |
are permitted to receive leave with pay if multiple employees of | 1378 |
an entity or court described in division | 1379 |
section, of an entity of a political subdivision described in | 1380 |
division | 1381 |
defined in section 1.60 of the Revised Code apply to serve as a | 1382 |
1383 | |
election. This procedure shall be applied uniformly to all | 1384 |
similarly situated employees. | 1385 |
(3) Any employee who is eligible for leave with pay under | 1386 |
division | 1387 |
the employee's regular compensation, the compensation paid to the | 1388 |
1389 | |
1390 |
(4) Division | 1391 |
either of the following: | 1392 |
(a) Election officials; | 1393 |
(b) Public school teachers. | 1394 |
(5) Nothing in division | 1395 |
or negates any provision of a collective bargaining agreement in | 1396 |
effect under Chapter 4117. of the Revised Code. | 1397 |
(6) If a board of county commissioners, legislative authority | 1398 |
of a political subdivision, or head of a state agency fails to set | 1399 |
forth any terms and conditions under division | 1400 |
section, an employee of an entity or court described in division | 1401 |
1402 | |
subdivision described in division | 1403 |
of a state agency as defined in section 1.60 of the Revised Code | 1404 |
may use personal leave, vacation leave, or compensatory time, or | 1405 |
take unpaid leave, to serve as a | 1406 |
election official on the day of an election. | 1407 |
| 1408 |
of any precinct election official for failure to obey the | 1409 |
instructions of the board or to comply with the law relating to | 1410 |
the duties of | 1411 |
a | 1412 |
under section 3501.36 of the Revised Code is in addition to the | 1413 |
compensation the | 1414 |
section. | 1415 |
Sec. 3501.29. (A) The board of elections shall provide for | 1416 |
each precinct a polling place and provide adequate facilities at | 1417 |
each polling place for conducting the election. The board shall | 1418 |
provide a sufficient number of screened or curtained voting | 1419 |
compartments to which electors may retire and conveniently mark | 1420 |
their ballots, protected from the observation of others. Each | 1421 |
voting compartment shall be provided at all times with writing | 1422 |
implements, instructions how to vote, and other necessary | 1423 |
conveniences for marking the ballot. The | 1424 |
location manager shall ensure that the voting compartments at all | 1425 |
times are adequately lighted and contain the necessary supplies. | 1426 |
The board shall utilize, in so far as practicable, rooms in public | 1427 |
schools and other public buildings for polling places. Upon | 1428 |
application of the board of elections, the authority which has the | 1429 |
control of any building or grounds supported by taxation under the | 1430 |
laws of this state, shall make available the necessary space | 1431 |
therein for the purpose of holding elections and adequate space | 1432 |
for the storage of voting machines, without charge for the use | 1433 |
thereof. A reasonable sum may be paid for necessary janitorial | 1434 |
service. When polling places are established in private buildings, | 1435 |
the board may pay a reasonable rental therefor, and also the cost | 1436 |
of liability insurance covering the premises when used for | 1437 |
election purposes, or the board may purchase a single liability | 1438 |
policy covering the board and the owners of the premises when used | 1439 |
for election purposes. When removable buildings are supplied by | 1440 |
the board, they shall be constructed under the contract let to the | 1441 |
lowest and best bidder, and the board shall observe all ordinances | 1442 |
and regulations then in force as to safety. The board shall remove | 1443 |
all such buildings from streets and other public places within | 1444 |
thirty days after an election, unless another election is to be | 1445 |
held within ninety days. | 1446 |
(B)(1) Except as otherwise provided in this section, the | 1447 |
board shall ensure all of the following: | 1448 |
(a) That polling places are free of barriers that would | 1449 |
impede ingress and egress of handicapped persons; | 1450 |
(b) That the minimum number of special parking locations, | 1451 |
also known as handicapped parking spaces or disability parking | 1452 |
spaces, for handicapped persons are designated at each polling | 1453 |
place in accordance with 28 C.F.R. Part 36, Appendix A, and in | 1454 |
compliance with division (E) of section 4511.69 of the Revised | 1455 |
Code. | 1456 |
(c) That the entrances of polling places are level or are | 1457 |
provided with a nonskid ramp | 1458 |
that meets the requirements of the "Americans with Disabilities | 1459 |
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101; | 1460 |
(d) That doors are a minimum of thirty-two inches wide. | 1461 |
(2) Notwithstanding division (B)(1)(a), (c), or (d) of this | 1462 |
section, certain polling places may be specifically exempted by | 1463 |
the secretary of state upon certification by a board of elections | 1464 |
that a good faith, but unsuccessful, effort has been made to | 1465 |
modify, or change the location of, such polling places. | 1466 |
(C) | 1467 |
compliance by the secretary of state under division (B)(2) of this | 1468 |
section, the board of elections shall permit any handicapped | 1469 |
elector who travels to that | 1470 |
unable to enter the polling place due to the inaccessibility of | 1471 |
the polling place, to vote, with the assistance of two polling | 1472 |
place officials of major political parties, in the vehicle that | 1473 |
conveyed that elector to the polling place, or to receive and cast | 1474 |
that elector's ballot at the door of the polling place. | 1475 |
(D) The secretary of state shall: | 1476 |
(1) Work with other state agencies to facilitate the | 1477 |
distribution of information and technical assistance to boards of | 1478 |
elections to meet the requirements of division (B) of this | 1479 |
section; | 1480 |
(2) Work with organizations that represent or provide | 1481 |
services to handicapped, disabled, or elderly citizens to effect a | 1482 |
wide dissemination of information about the availability of | 1483 |
absentee voting, voting in the voter's vehicle or at the door of | 1484 |
the polling place, or other election services to handicapped, | 1485 |
disabled, or elderly citizens. | 1486 |
(E) Before the day of an election, the director of the board | 1487 |
of elections of each county shall sign a statement verifying that | 1488 |
each polling place that will be used in that county at that | 1489 |
election meets the requirements of division (B)(1)(b) of this | 1490 |
section. The signed statement shall be sent to the secretary of | 1491 |
state by certified mail. | 1492 |
(F) As used in this section, "handicapped" means having lost | 1493 |
the use of one or both legs, one or both arms, or any combination | 1494 |
thereof, or being blind or so severely disabled as to be unable to | 1495 |
move about without the aid of crutches or a wheelchair. | 1496 |
Sec. 3501.30. (A) The board of elections shall provide for | 1497 |
each polling place the necessary ballot | 1498 |
ballots, cards of instructions, registration forms, pollbooks or | 1499 |
poll lists, tally sheets, forms on which to make summary | 1500 |
statements, writing implements, paper, and all other supplies | 1501 |
necessary for casting and counting the ballots and recording the | 1502 |
results of the voting at the polling place. The pollbooks or poll | 1503 |
lists shall have certificates appropriately printed on them for | 1504 |
the signatures of all the precinct officials, by which they shall | 1505 |
certify that, to the best of their knowledge and belief, the | 1506 |
pollbooks or poll lists correctly show the names of all electors | 1507 |
who voted in the polling place at the election indicated in the | 1508 |
pollbooks or poll lists. | 1509 |
All of the following shall be included among the supplies | 1510 |
provided to each polling place: | 1511 |
(1) A large map of each appropriate precinct, which shall be | 1512 |
displayed prominently to assist persons who desire to register or | 1513 |
vote on election day. Each map shall show all streets within the | 1514 |
precinct and contain identifying symbols of the precinct in bold | 1515 |
print. | 1516 |
(2) Any materials, postings, or instructions required to | 1517 |
comply with state or federal laws; | 1518 |
(3) A flag of the United States approximately two and | 1519 |
one-half feet in length along the top, which shall be displayed | 1520 |
outside the entrance to the polling place during the time it is | 1521 |
open for voting; | 1522 |
(4) Two or more small flags of the United States | 1523 |
approximately fifteen inches in length along the top, which shall | 1524 |
be placed at a distance of one hundred feet from the polling place | 1525 |
on the thoroughfares or walkways leading to the polling place, to | 1526 |
mark the distance within which persons other than election | 1527 |
officials, observers, police officers, and electors waiting to | 1528 |
mark, marking, or casting their ballots shall not loiter, | 1529 |
congregate, or engage in any kind of election campaigning. Where | 1530 |
small flags cannot reasonably be placed one hundred feet from the | 1531 |
polling place, the | 1532 |
manager shall place the flags as near to one hundred feet from the | 1533 |
entrance to the polling place as is physically possible. Police | 1534 |
officers and all election officials shall see that this | 1535 |
prohibition against loitering and congregating is enforced. | 1536 |
When the period of time during which the polling place is | 1537 |
open for voting expires, all of the flags described in this | 1538 |
division shall be taken into the polling place and shall be | 1539 |
returned to the board together with all other election supplies | 1540 |
required to be delivered to the board. | 1541 |
(B) The board of elections shall follow the instructions and | 1542 |
advisories of the secretary of state in the production and use of | 1543 |
polling place supplies. | 1544 |
Sec. 3501.301. A contract involving a cost in excess of
| 1545 |
twenty-five thousand dollars for printing and furnishing the | 1546 |
supplies, other than the official ballots, required in section | 1547 |
3501.30 of the Revised Code, shall not be let until the board of | 1548 |
elections has caused notice to be published once in a newspaper of | 1549 |
general circulation within the county or upon notice given by | 1550 |
mail, addressed to the responsible suppliers within the state. The | 1551 |
board of elections may require that each bid be accompanied by a | 1552 |
bond, with at least two individual sureties, or a surety company, | 1553 |
satisfactory to the board, in a sum double the amount of the bid, | 1554 |
conditioned upon the faithful performance of the contract awarded | 1555 |
and for the payment as damages by such bidder to the board of any | 1556 |
excess of cost over the bid which it may be required to pay for | 1557 |
such work by reason of the failure of the bidder to complete the | 1558 |
contract. The contract shall be let to the lowest and best bidder. | 1559 |
Sec. 3501.302. The secretary of state may enter into | 1560 |
agreements for the bulk purchase of election supplies in order to | 1561 |
reduce the costs for such purchases by individual boards of | 1562 |
elections. A board of elections desiring to participate in such | 1563 |
purchase agreements shall file with the secretary of state a | 1564 |
written request for inclusion. A request for inclusion shall | 1565 |
include an agreement to be bound by such terms and conditions as | 1566 |
the secretary of state prescribes and to make direct payments to | 1567 |
the vendor under each purchase agreement. | 1568 |
Sec. 3501.31. The board of elections shall mail to each | 1569 |
precinct election official notice of the date, hours, and place of | 1570 |
holding each election in the official's respective precinct at | 1571 |
which it desires the official to serve. Each of such officials | 1572 |
shall notify the board immediately upon receipt of such notice of | 1573 |
any inability to serve. | 1574 |
The election official designated as
| 1575 |
location manager under section 3501.22 of the Revised Code shall | 1576 |
call at the office of the board at such time before the day of the | 1577 |
election, not earlier than the tenth day before the day of the | 1578 |
election, as the board designates to obtain the ballots, | 1579 |
pollbooks, registration forms and lists, and other material to be | 1580 |
used in the official's polling place on election day. | 1581 |
The board may also provide for the delivery of such materials | 1582 |
to polling places in a municipal corporation by members of the | 1583 |
police department of such municipal corporation; or the board may | 1584 |
provide for the delivery of such materials to the
| 1585 |
voting location manager not earlier than the tenth day before the | 1586 |
election, in any manner it finds to be advisable. | 1587 |
On election day the precinct election officials shall | 1588 |
punctually attend the polling place | 1589 |
time
| 1590 |
elections. Each of the precinct election officials shall thereupon | 1591 |
make and subscribe to a statement which shall be as follows: | 1592 |
"State of Ohio | 1593 |
County of ............... | 1594 |
I do solemnly swear under the penalty of perjury that I will | 1595 |
support the constitution of the United States of America and the | 1596 |
constitution of the state of Ohio and its laws; that I have not | 1597 |
been convicted of a felony or any violation of the election laws; | 1598 |
that I will discharge to the best of my ability the duties of | 1599 |
1600 | |
.................... in the .................... (township) or | 1601 |
(ward and city or village) .................... in the county of | 1602 |
...................., in the election to be held on the .......... | 1603 |
day of ..............., ....., as required by law and the rules | 1604 |
and instructions of the board of elections of said county; and | 1605 |
that I will endeavor to prevent fraud in such election, and will | 1606 |
report immediately to said board any violations of the election | 1607 |
laws which come to my attention, and will not disclose any | 1608 |
information as to how any elector voted which is gained by me in | 1609 |
the discharge of my official duties. | 1610 |
............................................................ | 1611 |
............................................................ | 1612 |
............................................................ | 1613 |
............................................................ | 1614 |
............................................................ | 1615 |
............................................................ | 1616 |
1617 | |
If any of the other precinct election officials is absent at | 1618 |
that time, the | 1619 |
concurrence of a majority of the precinct election officials | 1620 |
present, shall appoint a qualified elector who is a member of the | 1621 |
same political party as the political party of which such absent | 1622 |
precinct election official is a member to fill the vacancy until | 1623 |
the board appoints a person to fill such vacancy and the person so | 1624 |
appointed reports for duty at the polling place. The | 1625 |
1626 | |
such vacancy by telephone or otherwise. The | 1627 |
location manager also shall assign the precinct election officials | 1628 |
to their respective duties and shall have general charge of the | 1629 |
polling place. | 1630 |
Sec. 3501.32. (A) Except as otherwise provided in division | 1631 |
(B) of this section, on the day of the election the polls shall be | 1632 |
opened by proclamation by the | 1633 |
manager, or in | 1634 |
voting location manager chosen by the | 1635 |
officials, at six-thirty a.m. and shall be closed by proclamation | 1636 |
at seven-thirty p.m. unless there are voters waiting in line to | 1637 |
cast their ballots, in which case the polls shall be kept open | 1638 |
until such waiting voters have voted. | 1639 |
(B) On the day of the election, any polling place located on | 1640 |
an island not connected to the mainland by a highway or a bridge | 1641 |
may close earlier than seven-thirty p.m. if all registered voters | 1642 |
in the precinct have voted. When a polling place closes under | 1643 |
division (B) of this section the | 1644 |
manager shall immediately notify the board of elections of the | 1645 |
closing. | 1646 |
Sec. 3501.33. All | 1647 |
shall enforce peace and good order in and about the place of | 1648 |
registration or election. They shall especially keep the place of | 1649 |
access of the electors to the polling place open and unobstructed | 1650 |
and prevent and stop any improper practices or attempts tending to | 1651 |
obstruct, intimidate, or interfere with any elector in registering | 1652 |
or voting. They shall protect observers against molestation and | 1653 |
violence in the performance of their duties, and may eject from | 1654 |
the polling place any observer for violation of any provision of | 1655 |
Title XXXV of the Revised Code. They shall prevent riots, | 1656 |
violence, tumult, or disorder. In the discharge of these duties, | 1657 |
they may call upon the sheriff, police, or other peace officers to | 1658 |
aid them in enforcing the law. They may order the arrest of any | 1659 |
person violating Title XXXV of the Revised Code, but such an | 1660 |
arrest shall not prevent the person from registering or voting if | 1661 |
the person is entitled to do so. The sheriff, all constables, | 1662 |
police officers, and other officers of the peace shall immediately | 1663 |
obey and aid in the enforcement of any lawful order made by the | 1664 |
precinct election officials in the enforcement of Title XXXV of | 1665 |
the Revised Code. | 1666 |
Sec. 3501.35. (A)(1) During an election and the counting of | 1667 |
the ballots, no person shall do any of the following: | 1668 |
| 1669 |
campaigning | 1670 |
1671 | |
1672 | |
1673 | |
feet of | 1674 |
| 1675 |
or leaving the place fixed for casting the elector's ballot; | 1676 |
| 1677 |
person other than the elector's own ballot to the
| 1678 |
precinct election officials within the area between the polling | 1679 |
place and the small flags of the United States placed on the | 1680 |
thoroughfares and walkways leading to the polling place, and if | 1681 |
the line of electors waiting to vote extends beyond those small | 1682 |
flags, within ten feet of any elector in that line; | 1683 |
| 1684 |
intends to cast; | 1685 |
| 1686 |
elector in casting the elector's vote. | 1687 |
(2) Whoever violates division (A)(1)(a) of this section is | 1688 |
guilty of a minor misdemeanor; if the person refuses to comply | 1689 |
with the judges of election or law enforcement officers who are | 1690 |
enforcing that division, the person is guilty of a misdemeanor of | 1691 |
the first degree. | 1692 |
(B)(1) Except as otherwise provided in division (B)(2) of | 1693 |
this section and division (C) of section 3503.23 of the Revised | 1694 |
Code, no person who is not an election official, employee, | 1695 |
observer, or police officer shall be allowed to enter the polling | 1696 |
place during the election, except for the purpose of voting or | 1697 |
assisting another person to vote as provided in section 3505.24 of | 1698 |
the Revised Code. | 1699 |
(2) Notwithstanding any provision of this section to the | 1700 |
contrary, a journalist shall be allowed reasonable access to a | 1701 |
polling place during an election. As used in this division, | 1702 |
"journalist" has the same meaning as in division (B)(9) of section | 1703 |
149.43 of the Revised Code. | 1704 |
(C) No more electors shall be allowed to approach the voting | 1705 |
shelves at any time than there are voting shelves provided. | 1706 |
(D) The line of waiting voters and persons loitering, | 1707 |
congregating, or campaigning near that line shall not impede the | 1708 |
normal flow of traffic or access to the entrance or exit of any | 1709 |
business or organization in the vicinity. | 1710 |
(E) The
| 1711 |
officer shall strictly enforce the observance of this section. | 1712 |
Sec. 3501.37. After each election, the | 1713 |
precinct election officials of each precinct, except when the | 1714 |
board of elections assumes the duty, shall see that the movable | 1715 |
booths and other equipment are returned for safekeeping to the | 1716 |
fiscal officer of the township or to the clerk or auditor of the | 1717 |
municipal corporation in which the precinct is situated. The | 1718 |
fiscal officer, clerk, or auditor shall have booths and equipment | 1719 |
on hand and in place at the polling places in each precinct before | 1720 |
the time for opening the polls on election days, and for this | 1721 |
service the board may allow the necessary expenses incurred. In | 1722 |
cities, this duty shall devolve on the board. | 1723 |
Sec. 3501.38. All declarations of candidacy, nominating | 1724 |
petitions, or other petitions presented to or filed with the | 1725 |
secretary of state or a board of elections or with any other | 1726 |
public office for the purpose of becoming a candidate for any | 1727 |
nomination or office or for the holding of an election on any | 1728 |
issue shall, in addition to meeting the other specific | 1729 |
requirements prescribed in the sections of the Revised Code | 1730 |
relating to them, be governed by the following rules: | 1731 |
(A) Only electors qualified to vote on the candidacy or issue | 1732 |
which is the subject of the petition shall sign a petition. Each | 1733 |
signer shall be a registered elector pursuant to section
| 1734 |
3503.01 of the Revised Code. The facts of qualification shall be | 1735 |
determined as of the date when the petition is filed. | 1736 |
(B) Signatures shall be affixed in ink. Each signer may also | 1737 |
print the signer's name, so as to clearly identify the signer's | 1738 |
signature. | 1739 |
(C) Each signer shall place on the petition after the | 1740 |
signer's name the date of signing and the location of the signer's | 1741 |
voting residence, including the street and number if in a | 1742 |
municipal corporation or the rural route number, post office | 1743 |
address, or township if outside a municipal corporation. The | 1744 |
voting address given on the petition shall be the address | 1745 |
appearing in the registration records at the board of elections. | 1746 |
(D) Except as otherwise provided in section 3501.382 of the | 1747 |
Revised Code, no person shall write any name other than the | 1748 |
person's own on any petition. Except as otherwise provided in | 1749 |
section 3501.382 of the Revised Code, no person may authorize | 1750 |
another to sign for the person. If a petition contains the | 1751 |
signature of an elector two or more times, only the first | 1752 |
signature shall be counted. | 1753 |
(E)(1) On each petition paper, the circulator shall indicate | 1754 |
the number of signatures contained on it, and shall sign a | 1755 |
statement made under penalty of election falsification that the | 1756 |
circulator witnessed the affixing of every signature, that all | 1757 |
signers were to the best of the circulator's knowledge and belief | 1758 |
qualified to sign, and that every signature is to the best of the | 1759 |
circulator's knowledge and belief the signature of the person | 1760 |
whose signature it purports to be or of an attorney in fact acting | 1761 |
pursuant to section 3501.382 of the Revised Code. On the | 1762 |
circulator's statement for a declaration of candidacy or | 1763 |
nominating petition for a person seeking to become a statewide | 1764 |
candidate or for a statewide initiative or a statewide referendum | 1765 |
petition, the circulator shall identify the circulator's name, the | 1766 |
address of the circulator's permanent residence, and the name and | 1767 |
address of the person employing the circulator to circulate the | 1768 |
petition, if any. | 1769 |
(2) As used in division (E) of this section, "statewide | 1770 |
candidate" means the joint candidates for the offices of governor | 1771 |
and lieutenant governor or a candidate for the office of secretary | 1772 |
of state, auditor of state, treasurer of state, or attorney | 1773 |
general. | 1774 |
(F) Except as otherwise provided in section 3501.382 of the | 1775 |
Revised Code, if a circulator knowingly permits an unqualified | 1776 |
person to sign a petition paper or permits a person to write a | 1777 |
name other than the person's own on a petition paper, that | 1778 |
petition paper is invalid; otherwise, the signature of a person | 1779 |
not qualified to sign shall be rejected but shall not invalidate | 1780 |
the other valid signatures on the paper. | 1781 |
(G) The circulator of a petition may, before filing it in a | 1782 |
public office, strike from it any signature the circulator does | 1783 |
not wish to present as a part of the petition. | 1784 |
(H) Any signer of a petition or an attorney in fact acting | 1785 |
pursuant to section 3501.382 of the Revised Code on behalf of a | 1786 |
signer may remove the signer's signature from that petition at any | 1787 |
time before the petition is filed in a public office by striking | 1788 |
the signer's name from the petition; no signature may be removed | 1789 |
after the petition is filed in any public office. | 1790 |
(I)(1) No alterations, corrections, or additions may be made | 1791 |
to a petition after it is filed in a public office. | 1792 |
(2)(a) No declaration of candidacy, nominating petition, or | 1793 |
other petition for the purpose of becoming a candidate may be | 1794 |
withdrawn after it is filed in a public office. Nothing in this | 1795 |
division prohibits a person from withdrawing as a candidate as | 1796 |
otherwise provided by law. | 1797 |
(b) No petition presented to or filed with the secretary of | 1798 |
state, a board of elections, or any other public office for the | 1799 |
purpose of the holding of an election on any question or issue may | 1800 |
be resubmitted after it is withdrawn from a public office. Nothing | 1801 |
in this division prevents a question or issue petition from being | 1802 |
withdrawn by the filing of a written notice of the withdrawal by a | 1803 |
majority of the members of the petitioning committee with the same | 1804 |
public office with which the petition was filed prior to the | 1805 |
sixtieth day before the election at which the question or issue is | 1806 |
scheduled to appear on the ballot. | 1807 |
(J) All declarations of candidacy, nominating petitions, or | 1808 |
other petitions under this section shall be accompanied by the | 1809 |
following statement in boldface capital letters: WHOEVER COMMITS | 1810 |
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. | 1811 |
(K) All separate petition papers shall be filed at the same | 1812 |
time, as one instrument. | 1813 |
(L) If a board of elections distributes for use a petition | 1814 |
form for a declaration of candidacy, nominating petition, or any | 1815 |
type of question or issue petition that does not satisfy the | 1816 |
requirements of law as of the date of that distribution, the board | 1817 |
shall not invalidate the petition on the basis that the petition | 1818 |
form does not satisfy the requirements of law, if the petition | 1819 |
otherwise is valid. Division (L) of this section applies only if | 1820 |
the candidate received the petition from the board within ninety | 1821 |
days of when the petition is required to be filed. | 1822 |
Sec. 3501.40. Notwithstanding any provision of the Revised | 1823 |
Code to the contrary, only the attorney general, in consultation | 1824 |
with the governor, the secretary of state, the president of the | 1825 |
senate, and the speaker of the house of representatives, shall | 1826 |
enter into a consent decree in any judicial challenge to any | 1827 |
provision of Title XXXV of the Revised Code, to any other section | 1828 |
of the Revised Code governing the election process in this state, | 1829 |
or to any election procedure conducted under the rules, | 1830 |
directives, or advisories issued by the secretary of state. | 1831 |
Sec. 3503.02. All registrars and | 1832 |
precinct election officials, in determining the residence of a | 1833 |
person offering to register or vote, shall be governed by the | 1834 |
following rules: | 1835 |
(A) That place shall be considered the residence of a person | 1836 |
in which the person's habitation is fixed and to which, whenever | 1837 |
the person is absent, the person has the intention of returning. | 1838 |
(B) A person shall not be considered to have lost the | 1839 |
person's residence who leaves the person's home and goes into | 1840 |
another state or county of this state, for temporary purposes | 1841 |
only, with the intention of returning. | 1842 |
(C) A person shall not be considered to have gained a | 1843 |
residence in any county of this state into which the person comes | 1844 |
for temporary purposes only, without the intention of making such | 1845 |
county the permanent place of abode. | 1846 |
(D) The place where the family of a married person resides | 1847 |
shall be considered to be the person's place of residence; except | 1848 |
that when the spouses have separated and live apart, the place | 1849 |
where such a spouse resides the length of time required to entitle | 1850 |
a person to vote shall be considered to be the spouse's place of | 1851 |
residence. | 1852 |
(E) If a person removes to another state with the intention | 1853 |
of making such state the person's residence, the person shall be | 1854 |
considered to have lost the person's residence in this state. | 1855 |
(F) Except as otherwise provided in division (G) of this | 1856 |
section, if a person removes from this state and continuously | 1857 |
resides outside this state for a period of four years or more, the | 1858 |
person shall be considered to have lost the person's residence in | 1859 |
this state, notwithstanding the fact that the person may entertain | 1860 |
an intention to return at some future period. | 1861 |
(G) If a person removes from this state to engage in the | 1862 |
services of the United States government, the person shall not be | 1863 |
considered to have lost the person's residence in this state | 1864 |
during the period of such service, and likewise should the person | 1865 |
enter the employment of the state, the place where such person | 1866 |
resided at the time of the person's removal shall be considered to | 1867 |
be the person's place of residence. | 1868 |
(H) If a person goes into another state and while there | 1869 |
exercises the right of a citizen by voting, the person shall be | 1870 |
considered to have lost the person's residence in this state. | 1871 |
(I) If a person does not have a fixed place of habitation, | 1872 |
but has a shelter or other location at which the person has been a | 1873 |
consistent or regular inhabitant and to which the person has the | 1874 |
intention of returning, that shelter or other location shall be | 1875 |
deemed the person's residence for the purpose of registering to | 1876 |
vote. | 1877 |
Sec. 3503.05. The secretary of state shall establish, by | 1878 |
rule, a uniform process for notifying individuals who have | 1879 |
submitted an incomplete voter registration application of the | 1880 |
incomplete status of that application. The process shall permit | 1881 |
such an individual to provide any information required to complete | 1882 |
the application. | 1883 |
Sec. 3503.06. | 1884 |
election, or to sign
| 1885 |
any | 1886 |
registered as an elector and will have resided in the county and | 1887 |
precinct where the person is registered for at least thirty days | 1888 |
at the time of the next election. | 1889 |
| 1890 |
1891 | |
1892 |
| 1893 |
1894 | |
1895 |
| 1896 |
1897 | |
1898 |
| 1899 |
1900 | |
1901 | |
1902 |
| 1903 |
1904 | |
1905 | |
1906 |
| 1907 |
1908 | |
1909 |
| 1910 |
1911 | |
1912 | |
1913 | |
1914 | |
1915 |
| 1916 |
1917 | |
1918 | |
1919 | |
1920 | |
1921 | |
1922 |
| 1923 |
1924 | |
1925 |
| 1926 |
1927 | |
1928 | |
1929 | |
1930 |
Sec. 3503.10. (A) Each designated agency shall designate one | 1931 |
person within that agency to serve as coordinator for the voter | 1932 |
registration program within the agency and its departments, | 1933 |
divisions, and programs. The designated person shall be trained | 1934 |
under a program designed by the secretary of state and shall be | 1935 |
responsible for administering all aspects of the voter | 1936 |
registration program for that agency as prescribed by the | 1937 |
secretary of state. The designated person shall receive no | 1938 |
additional compensation for performing such duties. | 1939 |
(B) Every designated agency, public high school and | 1940 |
vocational school, public library, and office of a county | 1941 |
treasurer shall provide in each of its offices or locations voter | 1942 |
registration applications and assistance in the registration of | 1943 |
persons qualified to register to vote, in accordance with this | 1944 |
chapter. | 1945 |
(C) Every designated agency shall distribute to its | 1946 |
applicants, prior to or in conjunction with distributing a voter | 1947 |
registration application, a form prescribed by the secretary of | 1948 |
state that includes all of the following: | 1949 |
(1) The question, "Do you want to register to vote or update | 1950 |
your current voter registration?"--followed by boxes for the | 1951 |
applicant to indicate whether the applicant would like to register | 1952 |
or decline to register to vote, and the statement, highlighted in | 1953 |
bold print, "If you do not check either box, you will be | 1954 |
considered to have decided not to register to vote at this time."; | 1955 |
(2) If the agency provides public assistance, the statement, | 1956 |
"Applying to register or declining to register to vote will not | 1957 |
affect the amount of assistance that you will be provided by this | 1958 |
agency."; | 1959 |
(3) The statement, "If you would like help in filling out the | 1960 |
voter registration application form, we will help you. The | 1961 |
decision whether to seek or accept help is yours. You may fill out | 1962 |
the application form in private."; | 1963 |
(4) The statement, "If you believe that someone has | 1964 |
interfered with your right to register or to decline to register | 1965 |
to vote, your right to privacy in deciding whether to register or | 1966 |
in applying to register to vote, or your right to choose your own | 1967 |
political party or other political preference, you may file a | 1968 |
complaint with the prosecuting attorney of your county or with the | 1969 |
secretary of state," with the address and telephone number for | 1970 |
each such official's office. | 1971 |
(D) Each designated agency shall distribute a voter | 1972 |
registration form prescribed by the secretary of state to each | 1973 |
applicant with each application for service or assistance, and | 1974 |
with each written application or form for recertification, | 1975 |
renewal, or change of address. | 1976 |
(E) Each designated agency shall do all of the following: | 1977 |
(1) Have employees trained to administer the voter | 1978 |
registration program in order to provide to each applicant who | 1979 |
wishes to register to vote and who accepts assistance, the same | 1980 |
degree of assistance with regard to completion of the voter | 1981 |
registration application as is provided by the agency with regard | 1982 |
to the completion of its own form; | 1983 |
(2) Accept completed voter registration applications, voter | 1984 |
registration change of residence forms, and voter registration | 1985 |
change of name forms, regardless of whether the application or | 1986 |
form was distributed by the designated agency, for transmittal to | 1987 |
the office of the board of elections in the county in which the | 1988 |
agency is located. Each designated agency and the appropriate | 1989 |
board of elections shall establish a method by which the voter | 1990 |
registration applications and other voter registration forms are | 1991 |
transmitted to that board of elections within five days after | 1992 |
being accepted by the agency. | 1993 |
(3) If the designated agency is one that is primarily engaged | 1994 |
in providing services to persons with disabilities under a | 1995 |
state-funded program, and that agency provides services to a | 1996 |
person with disabilities at a person's home, provide the services | 1997 |
described in divisions (E)(1) and (2) of this section at the | 1998 |
person's home; | 1999 |
(4) Keep as confidential, except as required by the secretary | 2000 |
of state for record-keeping purposes, the identity of an agency | 2001 |
through which a person registered to vote or updated the person's | 2002 |
voter registration records, and information relating to a | 2003 |
declination to register to vote made in connection with a voter | 2004 |
registration application issued by a designated agency. | 2005 |
(F) The secretary of state shall prepare and transmit written | 2006 |
instructions on the implementation of the voter registration | 2007 |
program within each designated agency, public high school and | 2008 |
vocational school, public library, and office of a county | 2009 |
treasurer. The instructions shall include directions as follows: | 2010 |
(1) That each person designated to assist with voter | 2011 |
registration maintain strict neutrality with respect to a person's | 2012 |
political philosophies, a person's right to register or decline to | 2013 |
register, and any other matter that may influence a person's | 2014 |
decision to register or not register to vote; | 2015 |
(2) That each person designated to assist with voter | 2016 |
registration not seek to influence a person's decision to register | 2017 |
or not register to vote, not display or demonstrate any political | 2018 |
preference or party allegiance, and not make any statement to a | 2019 |
person or take any action the purpose or effect of which is to | 2020 |
lead a person to believe that a decision to register or not | 2021 |
register has any bearing on the availability of services or | 2022 |
benefits offered, on the grade in a particular class in school, or | 2023 |
on credit for a particular class in school; | 2024 |
(3) Regarding when and how to assist a person in completing | 2025 |
the voter registration application, what to do with the completed | 2026 |
voter registration application or voter registration update form, | 2027 |
and when the application must be transmitted to the appropriate | 2028 |
board of elections; | 2029 |
(4) Regarding what records must be kept by the agency and | 2030 |
where and when those records should be transmitted to satisfy | 2031 |
reporting requirements imposed on the secretary of state under the | 2032 |
National Voter Registration Act of 1993; | 2033 |
(5) Regarding whom to contact to obtain answers to questions | 2034 |
about voter registration forms and procedures. | 2035 |
(G) If the voter registration activity is part of an in-class | 2036 |
voter registration program in a public high school or vocational | 2037 |
school, whether prescribed by the secretary of state or | 2038 |
independent of the secretary of state, the board of education | 2039 |
shall do all of the following: | 2040 |
(1) Establish a schedule of school days and hours during | 2041 |
these days when the person designated to assist with voter | 2042 |
registration shall provide voter registration assistance; | 2043 |
(2) Designate a person to assist with voter registration from | 2044 |
the public high school's or vocational school's staff; | 2045 |
(3) Make voter registration applications and materials | 2046 |
available, as outlined in the voter registration program | 2047 |
established by the secretary of state pursuant to section 3501.05 | 2048 |
of the Revised Code; | 2049 |
(4) Distribute the statement, "applying to register or | 2050 |
declining to register to vote will not affect or be a condition of | 2051 |
your receiving a particular grade in or credit for a school course | 2052 |
or class, participating in a curricular or extracurricular | 2053 |
activity, receiving a benefit or privilege, or participating in a | 2054 |
program or activity otherwise available to pupils enrolled in this | 2055 |
school district's schools."; | 2056 |
(5) Establish a method by which the voter registration | 2057 |
application and other voter registration forms are transmitted to | 2058 |
the board of elections within five days after being accepted by | 2059 |
the public high school or vocational school. | 2060 |
(H) Any person employed by the designated agency, public high | 2061 |
school or vocational school, public library, or office of a county | 2062 |
treasurer may be designated to assist with voter registration | 2063 |
pursuant to this section. The designated agency, public high | 2064 |
school or vocational school, public library, or office of a county | 2065 |
treasurer shall provide the designated person, and make available | 2066 |
such space as may be necessary, without charge to the county or | 2067 |
state. | 2068 |
(I) The secretary of state shall prepare and cause to be | 2069 |
displayed in a prominent location in each designated agency a | 2070 |
notice that identifies the person designated to assist with voter | 2071 |
registration, the nature of that person's duties, and where and | 2072 |
when that person is available for assisting in the registration of | 2073 |
voters. | 2074 |
A designated agency may furnish additional supplies and | 2075 |
services to disseminate information to increase public awareness | 2076 |
of the existence of a person designated to assist with voter | 2077 |
registration in every designated agency. | 2078 |
(J) This section does not limit any authority a board of | 2079 |
education, superintendent, or principal has to allow, sponsor, or | 2080 |
promote voluntary election registration programs within a high | 2081 |
school or vocational school, including programs in which pupils | 2082 |
serve as persons designated to assist with voter registration, | 2083 |
provided that no pupil is required to participate. | 2084 |
(K) Each public library and office of the county treasurer | 2085 |
shall establish a method by which voter registration forms are | 2086 |
transmitted to the board of elections within five days after being | 2087 |
accepted by the public library or office of the county treasurer. | 2088 |
(L) The department of job and family services and its | 2089 |
departments, divisions, and programs shall limit administration of | 2090 |
the aspects of the voter registration program for the department | 2091 |
to the requirements prescribed by the secretary of state | 2092 |
requirements of this section, and the requirements of the National | 2093 |
Voter Registration Act of 1993. | 2094 |
Sec. 3503.14. (A) The secretary of state shall prescribe the | 2095 |
form and content of the registration, change of residence, and | 2096 |
change of name forms used in this state. The forms shall meet the | 2097 |
requirements of the National Voter Registration Act of 1993 and | 2098 |
shall include spaces for all of the following: | 2099 |
(1) The voter's name; | 2100 |
(2) The voter's address; | 2101 |
(3) The current date; | 2102 |
(4) The voter's date of birth; | 2103 |
(5) The voter to provide one or more of the following: | 2104 |
(a) The voter's driver's license number, if any; | 2105 |
(b) The | 2106 |
number, if any; | 2107 |
(c) A copy of a current and valid photo identification, a | 2108 |
copy of a military identification, a copy of a United States | 2109 |
passport, or a copy of a current utility bill, bank statement, | 2110 |
government check, paycheck, or other government document, other | 2111 |
than | 2112 |
2113 | |
registration mailed by a board of elections under section 3503.19 | 2114 |
of the Revised Code, that shows the voter's name and address. | 2115 |
(6) The voter's signature. | 2116 |
The registration form shall include a space on which the | 2117 |
person registering an applicant shall sign the person's name and | 2118 |
provide the person's address and a space on which the person | 2119 |
registering an applicant shall name the employer who is employing | 2120 |
that person to register the applicant. | 2121 |
Except for forms prescribed by the secretary of state under | 2122 |
section 3503.11 of the Revised Code, the secretary of state shall | 2123 |
permit boards of elections to produce forms that have subdivided | 2124 |
spaces for each individual alphanumeric character of the | 2125 |
information provided by the voter so as to accommodate the | 2126 |
electronic reading and conversion of the voter's information to | 2127 |
data and the subsequent electronic transfer of that data to the | 2128 |
statewide voter registration database established under section | 2129 |
3503.15 of the Revised Code. | 2130 |
(B) None of the following persons who are registering an | 2131 |
applicant in the course of that official's or employee's normal | 2132 |
duties shall sign the person's name, provide the person's address, | 2133 |
or name the employer who is employing the person to register an | 2134 |
applicant on a form prepared under this section: | 2135 |
(1) An election official; | 2136 |
(2) A county treasurer; | 2137 |
(3) A deputy registrar of motor vehicles; | 2138 |
(4) An employee of a designated agency; | 2139 |
(5) An employee of a public high school; | 2140 |
(6) An employee of a public vocational school; | 2141 |
(7) An employee of a public library; | 2142 |
(8) An employee of the office of a county treasurer; | 2143 |
(9) An employee of the bureau of motor vehicles; | 2144 |
(10) An employee of a deputy registrar of motor vehicles; | 2145 |
(11) An employee of an election official. | 2146 |
(C) Except as provided in section 3501.382 of the Revised | 2147 |
Code, any applicant who is unable to sign the applicant's own name | 2148 |
shall make an "X," if possible, which shall be certified by the | 2149 |
signing of the name of the applicant by the person filling out the | 2150 |
form, who shall add the person's own signature. If an applicant is | 2151 |
unable to make an "X," the applicant shall indicate in some manner | 2152 |
that the applicant desires to register to vote or to change the | 2153 |
applicant's name or residence. The person registering the | 2154 |
applicant shall sign the form and attest that the applicant | 2155 |
indicated that the applicant desired to register to vote or to | 2156 |
change the applicant's name or residence. | 2157 |
(D) No registration, change of residence, or change of name | 2158 |
form shall be rejected solely on the basis that a person | 2159 |
registering an applicant failed to sign the person's name or | 2160 |
failed to name the employer who is employing that person to | 2161 |
register the applicant as required under division (A) of this | 2162 |
section. | 2163 |
(E) A voter registration application submitted online through | 2164 |
the internet pursuant to section 3503.20 of the Revised Code is | 2165 |
not required to contain a signature to be considered valid. The | 2166 |
signature obtained under division (B) of that section shall be | 2167 |
considered the applicant's signature for all election and | 2168 |
signature-matching purposes. | 2169 |
(F) As used in this section, "registering an applicant" | 2170 |
includes any effort, for compensation, to provide voter | 2171 |
registration forms or to assist persons in completing or returning | 2172 |
those forms. | 2173 |
Sec. 3503.15. (A)(1) The secretary of state shall establish | 2174 |
and maintain a statewide voter registration database that shall be | 2175 |
administered by the office of the secretary of state and made | 2176 |
continuously available to each board of elections and to other | 2177 |
agencies as authorized by law. | 2178 |
(2)(a) State agencies, including, but not limited to, the | 2179 |
department of health, bureau of motor vehicles, department of job | 2180 |
and family services, and the department of rehabilitation and | 2181 |
corrections, shall provide any information and data to the | 2182 |
secretary of state that the secretary of state considers necessary | 2183 |
in order to maintain the statewide voter registration database | 2184 |
established pursuant to this section. The secretary of state shall | 2185 |
ensure that any information or data provided to the secretary of | 2186 |
state that is confidential in the possession of the entity | 2187 |
providing the data remains confidential while in the possession of | 2188 |
the secretary of state. | 2189 |
(b) Information provided under this division for maintenance | 2190 |
of the statewide voter registration database shall not be used to | 2191 |
update the name or address of a registered elector. The name or | 2192 |
address of a registered elector shall only be updated as a result | 2193 |
of the elector's actions in filing a notice of change of name, | 2194 |
change of address, or both. | 2195 |
(c) A board of elections shall contact a registered elector | 2196 |
by mail at the address on file with the board to verify the | 2197 |
accuracy of the information in the statewide voter registration | 2198 |
database regarding that elector if information provided under | 2199 |
division (A)(2)(a) of this section identifies a discrepancy | 2200 |
between the information regarding that elector that is maintained | 2201 |
in the statewide voter registration database and maintained by a | 2202 |
state agency. | 2203 |
(3) The secretary of state may enter into agreements to share | 2204 |
information or data with other states or groups of states, as the | 2205 |
secretary of state considers necessary, in order to maintain the | 2206 |
statewide voter registration database established pursuant to this | 2207 |
section. Except as otherwise provided in this division, the | 2208 |
secretary of state shall ensure that any information or data | 2209 |
provided to the secretary of state that is confidential in the | 2210 |
possession of the state providing the data remains confidential | 2211 |
while in the possession of the secretary of state. The secretary | 2212 |
of state may provide such otherwise confidential information or | 2213 |
data to persons or organizations that are engaging in legitimate | 2214 |
governmental purposes related to the maintenance of the statewide | 2215 |
voter registration database. | 2216 |
(B) The statewide voter registration database established | 2217 |
under this section shall be the official list of registered voters | 2218 |
for all elections conducted in this state. | 2219 |
(C) The statewide voter registration database established | 2220 |
under this section shall, at a minimum, include all of the | 2221 |
following: | 2222 |
(1) An electronic network that connects all board of | 2223 |
elections offices with the office of the secretary of state and | 2224 |
with the offices of all other boards of elections; | 2225 |
(2) A computer program that harmonizes the records contained | 2226 |
in the database with records maintained by each board of | 2227 |
elections; | 2228 |
(3) An interactive computer program that allows access to the | 2229 |
records contained in the database by each board of elections and | 2230 |
by any persons authorized by the secretary of state to add, | 2231 |
delete, modify, or print database records, and to conduct updates | 2232 |
of the database; | 2233 |
(4) A search program capable of verifying registered voters | 2234 |
and their registration information by name, driver's license | 2235 |
number, birth date, social security number, or current address; | 2236 |
(5) Safeguards and components to ensure that the integrity, | 2237 |
security, and confidentiality of the voter registration | 2238 |
information is maintained. | 2239 |
(D) The secretary of state shall adopt rules pursuant to | 2240 |
Chapter 119. of the Revised Code doing all of the following: | 2241 |
(1) Specifying the manner in which existing voter | 2242 |
registration records maintained by boards of elections shall be | 2243 |
converted to electronic files for inclusion in the statewide voter | 2244 |
registration database; | 2245 |
(2) Establishing a uniform method for entering voter | 2246 |
registration records into the statewide voter registration | 2247 |
database on an expedited basis, but not less than once per day, if | 2248 |
new registration information is received; | 2249 |
(3) Establishing a uniform method for purging canceled voter | 2250 |
registration records from the statewide voter registration | 2251 |
database in accordance with section 3503.21 of the Revised Code; | 2252 |
(4) Specifying the persons authorized to add, delete, modify, | 2253 |
or print records contained in the statewide voter registration | 2254 |
database and to make updates of that database; | 2255 |
(5) Establishing a process for annually auditing the | 2256 |
information contained in the statewide voter registration | 2257 |
database; | 2258 |
(6) Establishing a uniform method for addressing instances in | 2259 |
which records contained in the statewide voter registration | 2260 |
database do not conform with records maintained by the bureau of | 2261 |
motor vehicles. | 2262 |
(E) A | 2263 |
and voter registration information shall be purged from the | 2264 |
statewide voter registration database in accordance with the rules | 2265 |
adopted by the secretary of state under division (D)(3) of this | 2266 |
section after the cancellation of a voter's registration under | 2267 |
section 3503.21 of the Revised Code. | 2268 |
(F) The secretary of state shall provide training in the | 2269 |
operation of the statewide voter registration database to each | 2270 |
board of elections and to any persons authorized by the secretary | 2271 |
of state to add, delete, modify, or print database records, and to | 2272 |
conduct updates of the database. | 2273 |
(G)(1) The statewide voter registration database established | 2274 |
under this section shall be made available on a web site of the | 2275 |
office of the secretary of state as follows: | 2276 |
(a) Except as otherwise provided in division (G)(1)(b) of | 2277 |
this section, | 2278 |
voter registration database regarding a registered voter shall be | 2279 |
made available on the web site: | 2280 |
(i) The voter's name; | 2281 |
(ii) The voter's address; | 2282 |
(iii) The voter's precinct number; | 2283 |
(iv) The voter's voting history. | 2284 |
(b) During the thirty days before the day of a primary or | 2285 |
general election, the web site interface of the statewide voter | 2286 |
registration database shall permit a voter to search for the | 2287 |
polling location at which that voter may cast a ballot. | 2288 |
(2) The secretary of state shall establish, by rule adopted | 2289 |
under Chapter 119. of the Revised Code, a process for boards of | 2290 |
elections to notify the secretary of state of changes in the | 2291 |
locations of precinct polling places for the purpose of updating | 2292 |
the information made available on the secretary of state's web | 2293 |
site under division (G)(1)(b) of this section. Those rules shall | 2294 |
require a board of elections, during the thirty days before the | 2295 |
day of a primary or general election, to notify the secretary of | 2296 |
state within one business day of any change to the location of a | 2297 |
precinct polling place within the county. | 2298 |
(3) During the thirty days before the day of a primary or | 2299 |
general election, not later than one business day after receiving | 2300 |
a notification from a county pursuant to division (G)(2) of this | 2301 |
section that the location of a precinct polling place has changed, | 2302 |
the secretary of state shall update that information on the | 2303 |
secretary of state's web site for the purpose of division | 2304 |
(G)(1)(b) of this section. | 2305 |
Sec. 3503.16. (A) Whenever a registered elector changes the | 2306 |
place of residence of that registered elector from one precinct to | 2307 |
another within a county or from one county to another, or has a | 2308 |
change of name, that registered elector shall report the change by | 2309 |
delivering a change of residence or change of name form, whichever | 2310 |
is appropriate, as prescribed by the secretary of state under | 2311 |
section 3503.14 of the Revised Code to the state or local office | 2312 |
of a designated agency, a public high school or vocational school, | 2313 |
a public library, the office of the county treasurer, the office | 2314 |
of the secretary of state, any office of the registrar or deputy | 2315 |
registrar of motor vehicles, or any office of a board of elections | 2316 |
in person or by a third person. Any voter registration, change of | 2317 |
address, or change of name application, returned by mail, may be | 2318 |
sent only to the secretary of state or the board of elections. | 2319 |
A registered elector also may update the registration of that | 2320 |
registered elector by filing a change of residence or change of | 2321 |
name form on the day of a special, primary, or general election at | 2322 |
the polling place in the precinct in which that registered elector | 2323 |
resides or at the board of elections or at another site designated | 2324 |
by the board. | 2325 |
(B)(1)(a) Any registered elector who moves within a precinct | 2326 |
on or prior to the day of a general, primary, or special election | 2327 |
and has not filed a notice of change of residence with the board | 2328 |
of elections may vote in that election by going to that registered | 2329 |
elector's assigned polling place in the precinct in which the | 2330 |
registered elector resides, completing and signing a notice of | 2331 |
change of residence, showing identification in the form of a | 2332 |
current and valid photo identification, a military identification, | 2333 |
a United States passport, or a copy of a current utility bill, | 2334 |
bank statement, government check, paycheck, or other government | 2335 |
document, other than | 2336 |
2337 | |
voter registration mailed by a board of elections under section | 2338 |
3503.19 of the Revised Code, that shows the name and current | 2339 |
address of the elector, and casting a ballot. | 2340 |
2341 | |
2342 | |
2343 | |
2344 | |
2345 | |
2346 | |
2347 | |
2348 | |
2349 | |
2350 |
(b) Any registered elector who changes the name of that | 2351 |
registered elector and remains within a precinct on or prior to | 2352 |
the day of a general, primary, or special election and has not | 2353 |
filed a notice of change of name with the board of elections may | 2354 |
vote in that election by going to that registered elector's | 2355 |
assigned polling place, completing and signing a notice of a | 2356 |
change of name, showing the identification required by division | 2357 |
(B)(1)(a) of this section, and casting a | 2358 |
2359 |
(2) Any registered elector who moves from one precinct to | 2360 |
another within a county or moves from one precinct to another and | 2361 |
changes the name of that registered elector on or prior to the day | 2362 |
of a general, primary, or special election and has not filed a | 2363 |
notice of change of residence or change of name, whichever is | 2364 |
appropriate, with the board of elections may vote in that election | 2365 |
if that registered elector complies with division (G) of this | 2366 |
section or does all of the following: | 2367 |
(a) Appears at anytime during | 2368 |
casting an absent voter's ballot in person under section 3509.01 | 2369 |
of the Revised Code on or after the | 2370 |
prior to the election in which that registered elector wishes to | 2371 |
vote | 2372 |
2373 | |
through | 2374 |
at the office of the board of elections | 2375 |
2376 | |
2377 | |
designated under division (C) of section 3501.10 of the Revised | 2378 |
Code or appears on the day of the election at either of the | 2379 |
following locations: | 2380 |
(i) The polling place in the precinct in which that | 2381 |
registered elector resides; | 2382 |
(ii) The office of the board of elections or, if pursuant to | 2383 |
division (C) of section 3501.10 of the Revised Code the board has | 2384 |
designated another location in the county at which registered | 2385 |
electors may vote, at that other location instead of the office of | 2386 |
the board of elections. | 2387 |
(b) Completes and signs, under penalty of election | 2388 |
falsification, the written affirmation on the provisional ballot | 2389 |
envelope, which shall serve as a notice of change of residence or | 2390 |
change of name, whichever is appropriate | 2391 |
2392 | |
2393 | |
2394 | |
2395 | |
2396 | |
2397 |
(c) Votes a provisional ballot under section 3505.181 of the | 2398 |
Revised Code at the polling place in the precinct in which the | 2399 |
registered elector resides, at the office of the board of | 2400 |
elections, or, if pursuant to division (C) of section 3501.10 of | 2401 |
the Revised Code the board has designated another location in the | 2402 |
county at which registered electors may vote, at that other | 2403 |
location instead of the office of the board of elections, | 2404 |
whichever is appropriate, using the address to which that | 2405 |
registered elector has moved or the name of that registered | 2406 |
elector as changed, whichever is appropriate; | 2407 |
(d) Completes and signs, under penalty of election | 2408 |
falsification, a statement attesting that that registered elector | 2409 |
moved or had a change of name, whichever is appropriate, on or | 2410 |
prior to the day of the election, has voted a provisional ballot | 2411 |
at the polling place in the precinct in which that registered | 2412 |
elector resides, at the office of the board of elections, or, if | 2413 |
pursuant to division (C) of section 3501.10 of the Revised Code | 2414 |
the board has designated another location in the county at which | 2415 |
registered electors may vote, at that other location instead of | 2416 |
the office of the board of elections, whichever is appropriate, | 2417 |
and will not vote or attempt to vote at any other location for | 2418 |
that particular election. | 2419 |
2420 | |
2421 | |
2422 |
(C) Any registered elector who moves from one county to | 2423 |
another county within the state or moves from one county to | 2424 |
another and changes the name of that registered elector on or | 2425 |
prior to the day of a general, primary, or special election and | 2426 |
has not registered to vote in the county to which that registered | 2427 |
elector moved may vote in that election if that registered elector | 2428 |
complies with division (G) of this section or does all of the | 2429 |
following: | 2430 |
(1) Appears at any time during | 2431 |
casting an absent voter's ballot in person under section 3509.01 | 2432 |
of the Revised Code on or after the | 2433 |
prior to the election in which that registered elector wishes to | 2434 |
vote | 2435 |
2436 | |
through | 2437 |
at the office of the board of elections or | 2438 |
another location designated under division (C) of section 3501.10 | 2439 |
of the Revised Code | 2440 |
2441 | |
2442 | |
2443 | |
2444 | |
2445 | |
2446 | |
2447 | |
2448 | |
2449 |
(a) The polling place in the precinct in which that elector | 2450 |
resides; | 2451 |
(b) The office of the board of elections or, if pursuant to | 2452 |
division (C) of section 3501.10 of the Revised Code the board has | 2453 |
designated another location in the county at which registered | 2454 |
electors may vote, at that other location instead of the office of | 2455 |
the board of elections; | 2456 |
(2) Completes and signs, under penalty of election | 2457 |
falsification, the written affirmation on the provisional ballot | 2458 |
envelope, which shall serve as a notice of change of residence | 2459 |
2460 | |
2461 | |
2462 | |
2463 | |
2464 | |
is appropriate; | 2465 |
(3) Votes a provisional ballot under section 3505.181 of the | 2466 |
Revised Code at the polling place in the precinct in which the | 2467 |
registered elector resides, at the office of the board of | 2468 |
elections, or, if pursuant to division (C) of section 3501.10 of | 2469 |
the Revised Code the board has designated another location in the | 2470 |
county at which registered electors may vote, at that other | 2471 |
location instead of the office of the board of elections, using | 2472 |
the address to which that registered elector has moved or the name | 2473 |
of that registered elector as changed, whichever is appropriate; | 2474 |
(4) Completes and signs, under penalty of election | 2475 |
falsification, a statement attesting that that registered elector | 2476 |
has moved from one county to another county within the state or | 2477 |
moved from one county to another and changed the elector's name, | 2478 |
whichever is appropriate, on or prior to the day of the election, | 2479 |
has voted at the office of the board of elections or, if pursuant | 2480 |
to division (C) of section 3501.10 of the Revised Code the board | 2481 |
has designated another location in the county at which registered | 2482 |
electors may vote, at that other location instead of the office of | 2483 |
the board of elections, and will not vote or attempt to vote at | 2484 |
any other location for that particular election. | 2485 |
2486 | |
2487 | |
2488 |
(D) A person who votes by absent voter's ballots pursuant to | 2489 |
division (G) of this section shall not make written application | 2490 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 2491 |
Ballots cast pursuant to division (G) of this section shall be set | 2492 |
aside in a special envelope and counted during the official | 2493 |
canvass of votes in the manner provided for in sections 3505.32 | 2494 |
and 3509.06 of the Revised Code insofar as that manner is | 2495 |
applicable. The board shall examine the pollbooks to verify that | 2496 |
no ballot was cast at the polls or by absent voter's ballots under | 2497 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 2498 |
voted by absent voter's ballots pursuant to division (G) of this | 2499 |
section. Any ballot determined to be insufficient for any of the | 2500 |
reasons stated above or stated in section 3509.07 of the Revised | 2501 |
Code shall not be counted. | 2502 |
Subject to division (C) of section 3501.10 of the Revised | 2503 |
Code, a board of elections may lease or otherwise acquire a site | 2504 |
different from the office of the board at which registered | 2505 |
electors may vote pursuant to division (B) or (C) of this section. | 2506 |
(E) Upon receiving a change of residence or change of name | 2507 |
form, the board of elections shall immediately send the registrant | 2508 |
an acknowledgment notice. If the change of residence or change of | 2509 |
name form is valid, the board shall update the voter's | 2510 |
registration as appropriate. If that form is incomplete, the board | 2511 |
shall inform the registrant in the acknowledgment notice specified | 2512 |
in this division of the information necessary to complete or | 2513 |
update that registrant's registration. | 2514 |
(F) Change of residence and change of name forms shall be | 2515 |
available at each polling place, and when these forms are | 2516 |
completed, noting changes of residence or name, as appropriate, | 2517 |
they shall be filed with election officials at the polling place. | 2518 |
Election officials shall return completed forms, together with the | 2519 |
pollbooks and tally sheets, to the board of elections. | 2520 |
The board of elections shall provide change of residence and | 2521 |
change of name forms to the probate court and court of common | 2522 |
pleas. The court shall provide the forms to any person eighteen | 2523 |
years of age or older who has a change of name by order of the | 2524 |
court or who applies for a marriage license. The court shall | 2525 |
forward all completed forms to the board of elections within five | 2526 |
days after receiving them. | 2527 |
(G) A registered elector who otherwise would qualify to vote | 2528 |
under division (B) or (C) of this section but is unable to appear | 2529 |
at the office of the board of elections or, if pursuant to | 2530 |
division (C) of section 3501.10 of the Revised Code the board has | 2531 |
designated another location in the county at which registered | 2532 |
electors may vote, at that other location, on account of personal | 2533 |
illness, physical disability, or infirmity, may vote on the day of | 2534 |
the election if that registered elector does all of the following: | 2535 |
(1) Makes a written application that includes all of the | 2536 |
information required under section 3509.03 of the Revised Code to | 2537 |
the appropriate board for an absent voter's ballot on or after the | 2538 |
2539 | |
registered elector wishes to vote through | 2540 |
2541 | |
absent voter's ballot be sent to the address to which the | 2542 |
registered elector has moved if the registered elector has moved, | 2543 |
or to the address of that registered elector who has not moved but | 2544 |
has had a change of name; | 2545 |
(2) Declares that the registered elector has moved or had a | 2546 |
change of name, whichever is appropriate, and otherwise is | 2547 |
qualified to vote under the circumstances described in division | 2548 |
(B) or (C) of this section, whichever is appropriate, but that the | 2549 |
registered elector is unable to appear at the board of elections | 2550 |
because of personal illness, physical disability, or infirmity; | 2551 |
(3) Completes and returns along with the completed absent | 2552 |
voter's ballot a notice of change of residence indicating the | 2553 |
address to which the registered elector has moved, or a notice of | 2554 |
change of name, whichever is appropriate; | 2555 |
(4) Completes and signs, under penalty of election | 2556 |
falsification, a statement attesting that the registered elector | 2557 |
has moved or had a change of name on or prior to the day before | 2558 |
the election, has voted by absent voter's ballot because of | 2559 |
personal illness, physical disability, or infirmity that prevented | 2560 |
the registered elector from appearing at the board of elections, | 2561 |
and will not vote or attempt to vote at any other location or by | 2562 |
absent voter's ballot mailed to any other location or address for | 2563 |
that particular election. | 2564 |
Sec. 3503.18. (A)(1) The chief health officer of each | 2565 |
political subdivision and the director of health shall file with | 2566 |
the secretary of state and each board of elections, at least once | 2567 |
each month, the names, social security numbers, dates of birth, | 2568 |
dates of death, and residences of all persons, over eighteen years | 2569 |
of age, who have died within such subdivision or within this state | 2570 |
or another state, respectively, within such month. | 2571 |
(2) The secretary of state and the director of health shall | 2572 |
jointly establish a secure electronic system through which they | 2573 |
shall exchange the information described in division (A)(1) of | 2574 |
this section regarding the death of a registered elector. | 2575 |
(B) At least once each month, each probate judge in this | 2576 |
state shall file with the board of elections the names and | 2577 |
residence addresses of all persons over eighteen years of age who | 2578 |
have been adjudicated incompetent for the purpose of voting, as | 2579 |
provided in section 5122.301 of the Revised Code. | 2580 |
(C) At least once each month the clerk of the court of common | 2581 |
pleas shall file with the board the names and residence addresses | 2582 |
of all persons who have been convicted during the previous month | 2583 |
of crimes that would disfranchise such persons under existing laws | 2584 |
of the state. Reports of conviction of crimes under the laws of | 2585 |
the United States that would disfranchise an elector and that are | 2586 |
provided to the secretary of state by any United States attorney | 2587 |
shall be forwarded by the secretary of state to the appropriate | 2588 |
board of elections. | 2589 |
(D) Upon receiving a report required by this section, the | 2590 |
2591 | |
elector named in the report shall be promptly canceled by the | 2592 |
secretary of state or the board of elections, as applicable. If a | 2593 |
board of elections receives the report, and the report contains a | 2594 |
residence address of an elector in a county other than the county | 2595 |
in which the board of elections is located, the director shall | 2596 |
promptly send a copy of the report to the appropriate board of | 2597 |
elections, which shall cancel the registration. | 2598 |
Sec. 3503.19. (A) Persons qualified to register or to change | 2599 |
their registration because of a change of address or change of | 2600 |
name may register or change their registration in person or | 2601 |
through another person at any state or local office of a | 2602 |
designated agency, at the office of the registrar or any deputy | 2603 |
registrar of motor vehicles, at a public high school or vocational | 2604 |
school, at a public library, at the office of a county treasurer, | 2605 |
or at a branch office established by the board of elections, or in | 2606 |
person, through another person, or by mail at the office of the | 2607 |
secretary of state or at the office of a board of elections. A | 2608 |
registered elector may also change the elector's registration on | 2609 |
election day at any polling place where the elector is eligible to | 2610 |
vote, in the manner provided under section 3503.16 of the Revised | 2611 |
Code. | 2612 |
Any state or local office of a designated agency, the office | 2613 |
of the registrar or any deputy registrar of motor vehicles, a | 2614 |
public high school or vocational school, a public library, or the | 2615 |
office of a county treasurer shall transmit any voter registration | 2616 |
application or change of registration form that it receives to the | 2617 |
board of elections of the county in which the state or local | 2618 |
office is located, within five business days after receiving the | 2619 |
voter registration application or change of registration form. | 2620 |
An otherwise valid voter registration application that is | 2621 |
returned to the appropriate office other than by mail must be | 2622 |
received by a state or local office of a designated agency, the | 2623 |
office of the registrar or any deputy registrar of motor vehicles, | 2624 |
a public high school or vocational school, a public library, the | 2625 |
office of a county treasurer, the office of the secretary of | 2626 |
state, or the office of a board of elections no later than the | 2627 |
thirtieth day preceding a primary, special, or general election | 2628 |
for the person to qualify as an elector eligible to vote at that | 2629 |
election. An otherwise valid registration application received | 2630 |
after that day entitles the elector to vote at all subsequent | 2631 |
elections. | 2632 |
Any state or local office of a designated agency, the office | 2633 |
of the registrar or any deputy registrar of motor vehicles, a | 2634 |
public high school or vocational school, a public library, or the | 2635 |
office of a county treasurer shall date stamp a registration | 2636 |
application or change of name or change of address form it | 2637 |
receives using a date stamp that does not disclose the identity of | 2638 |
the state or local office that receives the registration. | 2639 |
Voter registration applications, if otherwise valid, that are | 2640 |
returned by mail to the office of the secretary of state or to the | 2641 |
office of a board of elections must be postmarked no later than | 2642 |
the thirtieth day preceding a primary, special, or general | 2643 |
election in order for the person to qualify as an elector eligible | 2644 |
to vote at that election. If an otherwise valid voter registration | 2645 |
application that is returned by mail does not bear a postmark or a | 2646 |
legible postmark, the registration shall be valid for that | 2647 |
election if received by the office of the secretary of state or | 2648 |
the office of a board of elections no later than twenty-five days | 2649 |
preceding any special, primary, or general election. | 2650 |
(B)(1) Any person may apply in person, by telephone, by mail, | 2651 |
or through another person for voter registration forms to the | 2652 |
office of the secretary of state or the office of a board of | 2653 |
elections. An individual who is eligible to vote as a uniformed | 2654 |
services voter or an overseas voter in accordance with 42 U.S.C. | 2655 |
1973ff-6 also may apply for voter registration forms by electronic | 2656 |
means to the office of the secretary of state or to the board of | 2657 |
elections of the county in which the person's voting residence is | 2658 |
located pursuant to section 3503.191 of the Revised Code. | 2659 |
(2)(a) An applicant may return the applicant's completed | 2660 |
registration form in person or | 2661 |
any state or local office of a designated agency, to a public high | 2662 |
school or vocational school, to a public library, to the office of | 2663 |
a county treasurer, to the office of the secretary of state, or to | 2664 |
the office of a board of elections. An applicant who is eligible | 2665 |
to vote as a uniformed services voter or an overseas voter in | 2666 |
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's | 2667 |
completed voter registration form electronically to the office of | 2668 |
the secretary of state or to the board of elections of the county | 2669 |
in which the person's voting residence is located pursuant to | 2670 |
section 3503.191 of the Revised Code. | 2671 |
(b) Subject to division (B)(2)(c) of this section, an | 2672 |
applicant may return the applicant's completed registration form | 2673 |
by mail or through another person to any board of elections or the | 2674 |
office of the secretary of state. | 2675 |
(c) A person who receives compensation for registering a | 2676 |
voter shall return any registration form entrusted to that person | 2677 |
by an applicant to any board of elections or to the office of the | 2678 |
secretary of state. | 2679 |
(d) If a board of elections or the office of the secretary of | 2680 |
state receives a registration form under division (B)(2)(b) or (c) | 2681 |
of this section before the thirtieth day before an election, the | 2682 |
board or the office of the secretary of state, as applicable, | 2683 |
shall forward the registration to the board of elections of the | 2684 |
county in which the applicant is seeking to register to vote | 2685 |
within ten days after receiving the application. If a board of | 2686 |
elections or the office of the secretary of state receives a | 2687 |
registration form under division (B)(2)(b) or (c) of this section | 2688 |
on or after the thirtieth day before an election, the board or the | 2689 |
office of the secretary of state, as applicable, shall forward the | 2690 |
registration to the board of elections of the county in which the | 2691 |
applicant is seeking to register to vote within thirty days after | 2692 |
that election. | 2693 |
(C)(1) A board of elections that receives a voter | 2694 |
registration application and is satisfied as to the truth of the | 2695 |
statements made in the registration form shall register the | 2696 |
applicant not later than twenty business days after receiving the | 2697 |
application, unless that application is received during the thirty | 2698 |
days immediately preceding the day of an election. The board shall | 2699 |
promptly notify the applicant in writing of each of the following: | 2700 |
(a) The applicant's registration; | 2701 |
(b) The precinct in which the applicant is to vote; | 2702 |
(c) In bold type as follows: | 2703 |
"Voters must bring identification to the polls in order to | 2704 |
verify identity. Identification may include a current and valid | 2705 |
photo identification, a military identification, a United States | 2706 |
passport, or a copy of a current utility bill, bank statement, | 2707 |
government check, paycheck, or other government document, other | 2708 |
than this notification | 2709 |
2710 | |
address. Voters who do not provide one of these documents will | 2711 |
still be able to vote by providing | 2712 |
voter's social security number and by casting a provisional | 2713 |
ballot. Voters who do not have any of the above forms of | 2714 |
identification, including a social security number, will still be | 2715 |
able to vote by signing an affirmation swearing to the voter's | 2716 |
identity under penalty of election falsification and by casting a | 2717 |
provisional ballot." | 2718 |
The notification shall be by nonforwardable mail. If the mail | 2719 |
is returned to the board, it shall investigate and cause the | 2720 |
notification to be delivered to the correct address. | 2721 |
(2) If, after investigating as required under division (C)(1) | 2722 |
of this section, the board is unable to verify the voter's correct | 2723 |
address, it shall cause the voter's name in the official | 2724 |
registration list and in the poll list or signature pollbook to be | 2725 |
marked to indicate that the voter's notification was returned to | 2726 |
the board. | 2727 |
At the first election at which a voter whose name has been so | 2728 |
marked appears to vote, the voter shall be required to provide | 2729 |
identification to the election officials and to vote by | 2730 |
provisional ballot under section 3505.181 of the Revised Code. If | 2731 |
the provisional ballot is counted pursuant to division (B)(3) of | 2732 |
section 3505.183 of the Revised Code, the board shall correct that | 2733 |
voter's registration, if needed, and shall remove the indication | 2734 |
that the voter's notification was returned from that voter's name | 2735 |
on the official registration list and on the poll list or | 2736 |
signature pollbook. If the provisional ballot is not counted | 2737 |
pursuant to division (B)(4)(a)(i) | 2738 |
3505.183 of the Revised Code, the voter's registration shall be | 2739 |
canceled. The board shall notify the voter by United States mail | 2740 |
of the cancellation. | 2741 |
(3) If a notice of the disposition of an otherwise valid | 2742 |
registration application is sent by nonforwardable mail and is | 2743 |
returned undelivered, the person shall be registered as provided | 2744 |
in division (C)(2) of this section and sent a confirmation notice | 2745 |
by forwardable mail. If the person fails to respond to the | 2746 |
confirmation notice, update the person's registration, or vote by | 2747 |
provisional ballot as provided in division (C)(2) of this section | 2748 |
in any election during the period of two federal elections | 2749 |
subsequent to the mailing of the confirmation notice, the person's | 2750 |
registration shall be canceled. | 2751 |
Sec. 3503.20. (A) The secretary of state, by rule, shall | 2752 |
establish a secure online process for voter registration. The | 2753 |
rules shall provide for all of the following: | 2754 |
(1) An applicant to submit a voter registration application | 2755 |
to the secretary of state online through the internet; | 2756 |
(2) The online applicant to be registered to vote, if all of | 2757 |
the following apply: | 2758 |
(a) The application contains all of the required information, | 2759 |
including the applicant's social security number; | 2760 |
(b) The applicant is qualified to register to vote; and | 2761 |
(c) The applicant attests to the truth and accuracy of the | 2762 |
information submitted in the online application under penalty of | 2763 |
election falsification using the applicant's Ohio driver's license | 2764 |
number or the number of the applicant's Ohio identification card | 2765 |
as proof of the applicant's identity. | 2766 |
(B) If an individual registers to vote or a registered | 2767 |
elector updates the elector's name, address, or both under this | 2768 |
section, the secretary of state shall obtain an electronic copy of | 2769 |
the applicant's or elector's signature that is on file with the | 2770 |
bureau of motor vehicles. That electronic signature shall be used | 2771 |
as the applicant's or elector's signature on voter registration | 2772 |
records, for all election and signature-matching purposes. | 2773 |
(C) The secretary of state shall employ whatever security | 2774 |
measures the secretary considers necessary to ensure the integrity | 2775 |
and accuracy of voter registration information submitted | 2776 |
electronically pursuant to this section. | 2777 |
Sec. 3503.21. (A) The registration of a registered elector | 2778 |
shall be canceled upon the occurrence of any of the following: | 2779 |
(1) The filing by a registered elector of a written request | 2780 |
with a board of elections, on a form prescribed by the secretary | 2781 |
of state and signed by the elector, that the registration be | 2782 |
canceled. The filing of such a request does not prohibit an | 2783 |
otherwise qualified elector from reregistering to vote at any | 2784 |
time. | 2785 |
(2) The filing of a notice of the death of a registered | 2786 |
elector as provided in section 3503.18 of the Revised Code; | 2787 |
(3) The filing with the board of elections of a certified | 2788 |
copy of the death certificate of a registered elector by the | 2789 |
deceased elector's spouse, parent, or child, by the administrator | 2790 |
of the deceased elector's estate, or by the executor of the | 2791 |
deceased elector's will; | 2792 |
(4) The conviction of the registered elector of a felony | 2793 |
under the laws of this state, any other state, or the United | 2794 |
States as provided in section 2961.01 of the Revised Code; | 2795 |
| 2796 |
elector for the purpose of voting as provided in section 5122.301 | 2797 |
of the Revised Code; | 2798 |
| 2799 |
location outside the county of registration in accordance with | 2800 |
division (B) of this section; | 2801 |
| 2802 |
been mailed a confirmation notice, to do either of the following: | 2803 |
(a) Respond to such a notice and vote at least once during a | 2804 |
period of four consecutive years, which period shall include two | 2805 |
general federal elections; | 2806 |
(b) Update the elector's registration and vote at least once | 2807 |
during a period of four consecutive years, which period shall | 2808 |
include two general federal elections. | 2809 |
(B)(1) The secretary of state shall prescribe procedures to | 2810 |
identify and cancel the registration in a prior county of | 2811 |
residence of any registrant who changes the registrant's voting | 2812 |
residence to a location outside the registrant's current county of | 2813 |
registration. Any procedures prescribed in this division shall be | 2814 |
uniform and nondiscriminatory, and shall comply with the Voting | 2815 |
Rights Act of 1965. The secretary of state may prescribe | 2816 |
procedures under this division that include the use of the | 2817 |
national change of address service provided by the United States | 2818 |
postal system through its licensees. Any program so prescribed | 2819 |
shall be completed not later than ninety days prior to the date of | 2820 |
any primary or general election for federal office. | 2821 |
(2) The registration of any elector identified as having | 2822 |
changed the elector's voting residence to a location outside the | 2823 |
elector's current county of registration shall not be canceled | 2824 |
unless the registrant is sent a confirmation notice on a form | 2825 |
prescribed by the secretary of state and the registrant fails to | 2826 |
respond to the confirmation notice or otherwise update the | 2827 |
registration and fails to vote in any election during the period | 2828 |
of two federal elections subsequent to the mailing of the | 2829 |
confirmation notice. | 2830 |
(C) The registration of a registered elector shall not be | 2831 |
canceled except as provided in this section, division | 2832 |
of section 3501.05 of the Revised Code, division (C)(2) of section | 2833 |
3503.19 of the Revised Code, or division (C) of section 3503.24 of | 2834 |
the Revised Code. | 2835 |
(D) | 2836 |
2837 | |
2838 | |
2839 | |
considers necessary, | 2840 |
elections shall send the voter-registration information of each | 2841 |
person registered to vote in the applicable county to the national | 2842 |
change of address service described in division (B) of this | 2843 |
section and request that service to provide the | 2844 |
board of elections with a list of any voters sent by the | 2845 |
2846 | |
last | 2847 |
2848 | |
2849 | |
service | 2850 |
list transmitted by | 2851 |
confirmation of the person's change of address, together with a | 2852 |
postage prepaid, preaddressed return envelope containing a form on | 2853 |
which the voter may verify or correct the change of address | 2854 |
information. | 2855 |
(E) The registration of a registered elector described in | 2856 |
division (A) | 2857 |
later than one hundred twenty days after the date of the second | 2858 |
general federal election in which the elector fails to vote or not | 2859 |
later than one hundred twenty days after the expiration of the | 2860 |
four-year period in which the elector fails to vote or respond to | 2861 |
a confirmation notice, whichever is later. | 2862 |
Sec. 3503.22. A board of elections may send an acknowledgment | 2863 |
notice as prescribed by the secretary of state to any registered | 2864 |
elector at any time to facilitate the maintenance and accuracy of | 2865 |
the statewide voter registration database. | 2866 |
Sec. 3503.24. (A) Application for the correction of any | 2867 |
precinct registration list or a challenge of the right to vote of | 2868 |
any registered elector may be made by any qualified elector of the | 2869 |
county at the office of the board of elections not later than | 2870 |
twenty days prior to the election. The applications or challenges, | 2871 |
with the reasons for the application or challenge, shall be filed | 2872 |
with the board on a form prescribed by the secretary of state and | 2873 |
shall be signed under penalty of election falsification. | 2874 |
(B) On receiving an application or challenge filed under this | 2875 |
section, the board of elections promptly shall review the board's | 2876 |
records. If the board is able to determine that an application or | 2877 |
challenge should be granted or denied solely on the basis of the | 2878 |
records maintained by the board, the board immediately shall vote | 2879 |
to grant or deny that application or challenge. | 2880 |
If the board is not able to determine whether an application | 2881 |
or challenge should be granted or denied solely on the basis of | 2882 |
the records maintained by the board, the director shall promptly | 2883 |
set a time and date for a hearing before the board. | 2884 |
2885 | |
hearing shall be held, and the application or challenge shall be | 2886 |
decided, no later than ten days after the board receives the | 2887 |
application or challenge. The director shall send written notice | 2888 |
to any elector whose right to vote is challenged and to any person | 2889 |
whose name is alleged to have been omitted from a registration | 2890 |
list. The notice shall inform the person of the time and date of | 2891 |
the hearing, and of the person's right to appear and testify, call | 2892 |
witnesses, and be represented by counsel. The notice shall be sent | 2893 |
by first class mail no later than three days before the day of any | 2894 |
scheduled hearing. The director shall also provide the person who | 2895 |
filed the application or challenge with such written notice of the | 2896 |
date and time of the hearing. | 2897 |
At the request of either party or any member of the board, | 2898 |
the board shall issue subpoenas to witnesses to appear and testify | 2899 |
before the board at a hearing held under this section. All | 2900 |
witnesses shall testify under oath. The board shall reach a | 2901 |
decision on all applications and challenges immediately after | 2902 |
hearing. | 2903 |
(C) If the board decides that any such person is not entitled | 2904 |
to have the person's name on the registration list, the person's | 2905 |
name shall be removed from the list and the person's registration | 2906 |
forms canceled. If the board decides that the name of any such | 2907 |
person should appear on the registration list, it shall be added | 2908 |
to the list, and the person's registration forms placed in the | 2909 |
proper registration files. All such corrections and additions | 2910 |
shall be made on a copy of the precinct lists, which shall | 2911 |
constitute the poll lists, to be furnished to the respective | 2912 |
precincts with other election supplies on the day preceding the | 2913 |
election, to be used by the election officials in receiving the | 2914 |
signatures of voters and in checking against the registration | 2915 |
forms. | 2916 |
| 2917 |
2918 | |
2919 | |
2920 | |
2921 | |
2922 | |
2923 |
| 2924 |
2925 | |
2926 | |
2927 | |
2928 | |
2929 |
| 2930 |
2931 | |
2932 | |
2933 | |
2934 | |
2935 | |
2936 | |
2937 | |
2938 | |
2939 |
Sec. 3503.26. (A) All registration forms and lists, when not | 2940 |
in official use by the registrars or | 2941 |
election officials, shall be in the possession of the board of | 2942 |
elections. Names and addresses of electors may be copied from the | 2943 |
registration lists only in the office of the board when it is open | 2944 |
for business; but no such copying shall be permitted during the | 2945 |
period of time commencing twenty-one days before an election and | 2946 |
ending on the eleventh day after an election if such copying will, | 2947 |
in the opinion of the board, interfere with the necessary work of | 2948 |
the board. The board shall keep in convenient form and available | 2949 |
for public inspection a correct set of the registration lists of | 2950 |
all precincts in the county. | 2951 |
(B) Notwithstanding division (A) of this section, the board | 2952 |
of elections shall maintain and make available for public | 2953 |
inspection and copying at a reasonable cost all records concerning | 2954 |
the implementation of programs and activities conducted for the | 2955 |
purpose of ensuring the accuracy and currency of voter | 2956 |
registration lists, including the names and addresses of all | 2957 |
registered electors sent confirmation notices and whether or not | 2958 |
the elector responded to the confirmation notice. The board shall | 2959 |
maintain all records described in this division for a period of | 2960 |
two years. | 2961 |
Sec. 3503.28. (A) The secretary of state shall develop an | 2962 |
information brochure regarding voter registration. The brochure | 2963 |
shall include, but is not limited to, all of the following | 2964 |
information: | 2965 |
(1) The applicable deadlines for registering to vote or for | 2966 |
returning an applicant's completed registration form; | 2967 |
(2) The applicable deadline for returning an applicant's | 2968 |
completed registration form if the person returning the form is | 2969 |
being compensated for registering voters; | 2970 |
(3) The locations to which a person may return an applicant's | 2971 |
completed registration form; | 2972 |
(4) The location to which a person who is compensated for | 2973 |
registering voters may return an applicant's completed | 2974 |
registration form; | 2975 |
(5) | 2976 |
2977 | |
2978 |
| 2979 |
follows: | 2980 |
"Voters must bring identification to the polls in order to | 2981 |
verify identity. Identification may include a current and valid | 2982 |
photo identification, a military identification, a United States | 2983 |
passport, or a copy of a current utility bill, bank statement, | 2984 |
government check, paycheck, or other government document, other | 2985 |
than | 2986 |
sent by a board of elections, that shows the voter's name and | 2987 |
current address. Voters who do not provide one of these documents | 2988 |
will still be able to vote by providing | 2989 |
the voter's social security number and by casting a provisional | 2990 |
ballot. Voters who do not have any of the above forms of | 2991 |
identification, including a social security number, will still be | 2992 |
able to vote by signing an affirmation swearing to the voter's | 2993 |
identity under penalty of election falsification and by casting a | 2994 |
provisional ballot." | 2995 |
(B) | 2996 |
2997 | |
2998 | |
2999 | |
3000 | |
3001 | |
3002 |
| 3003 |
required to be included in the brochure developed under division | 3004 |
(A) of this section to any person who prints a voter registration | 3005 |
form that is made available on a web site of the office of the | 3006 |
secretary of state. | 3007 |
(2) If a board of elections operates and maintains a web | 3008 |
site, the board shall provide the information required to be | 3009 |
included in the brochure developed under division (A) of this | 3010 |
section to any person who prints a voter registration form that is | 3011 |
made available on that web site. | 3012 |
| 3013 |
3014 | |
3015 | |
3016 | |
3017 |
| 3018 |
| 3019 |
| 3020 |
| 3021 |
| 3022 |
| 3023 |
| 3024 |
| 3025 |
| 3026 |
| 3027 |
| 3028 |
| 3029 |
any effort, for compensation, to provide voter registration forms | 3030 |
or to assist persons in completing or returning those forms. | 3031 |
Sec. 3504.01. A former elector of this state is eligible to | 3032 |
vote a presidential ballot in the presidential general election | 3033 |
held in this state in person or by mail if the former elector | 3034 |
meets all of the following conditions: | 3035 |
(A) The former elector moved out of this state not more than | 3036 |
thirty days before the day of the presidential general election; | 3037 |
(B) The former elector has not resided in the elector's new | 3038 |
state of residence long enough to be eligible to vote in the | 3039 |
presidential general election; | 3040 |
(C) The former elector was registered to vote in this state | 3041 |
at the time the former resident ceased to be a resident of this | 3042 |
state; and | 3043 |
(D) The former elector would be eligible to vote in this | 3044 |
state if the former elector was a resident of this state. | 3045 |
Sec. 3504.02. | 3046 |
desires to vote in a presidential general election under this | 3047 |
chapter shall | 3048 |
for presidential and vice-presidential electors not later than | 3049 |
3050 | |
3051 | |
3052 | |
third day before the day of the election. The certificate of | 3053 |
intent shall be completed | 3054 |
secretary of state that may be obtained and filed personally in | 3055 |
the office of the board of elections of the county in which such | 3056 |
person last resided before removal from this state, or mailed to | 3057 |
such board of elections. | 3058 |
Immediately following the spaces on the certificate for | 3059 |
inserting information as requested by the secretary of state, the | 3060 |
following statement shall be printed: "I declare under penalty of | 3061 |
election falsification that the statements | 3062 |
are true to the best of my knowledge and belief; that I am legally | 3063 |
qualified to vote; that I am not
| 3064 |
the presidential general election in any other state; and that I | 3065 |
have not voted in an election in any other state since removing | 3066 |
myself from the state of Ohio. | 3067 |
.................................. | 3068 | ||
Signature of applicant | 3069 | ||
.................................. | 3070 | ||
Date | 3071 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 3072 |
OF THE FIFTH DEGREE." | 3073 |
The former elector also shall submit with the certificate of | 3074 |
intent to vote for presidential and vice-presidential electors a | 3075 |
properly completed and signed Ohio voter registration cancellation | 3076 |
request on a form prescribed by the secretary of state. | 3077 |
Sec. 3504.04. On or before the day of a presidential general | 3078 |
election | 3079 |
to the polling place a list of persons who have filed certificates | 3080 |
of intent to vote as former resident voters and who appear, from | 3081 |
their voting address, entitled to vote at such polling place. | 3082 |
Those persons whose names appear on the list of former resident | 3083 |
voters, and who have otherwise complied with sections 3504.01 to | 3084 |
3504.06 of the Revised Code, shall then be entitled to vote for | 3085 |
presidential and vice-presidential electors only at their polling | 3086 |
place on election day or by absent voter's ballots. Such voter who | 3087 |
votes at that voter's polling place on election day shall sign | 3088 |
that voter's name in the poll book or poll list followed by, | 3089 |
"Former Resident's Presidential Ballot." Qualified former | 3090 |
residents shall be entitled to cast absent voter's ballots for | 3091 |
presidential and vice-presidential electors. | 3092 |
Sec. 3504.05. The director of the board of elections shall | 3093 |
3094 | |
certificate of intent received from a former | 3095 |
the secretary of state | 3096 |
3097 | |
3098 | |
the secretary of state shall immediately notify the chief | 3099 |
elections officer of the state of each applicant's prior residence | 3100 |
of the fact that such applicant has declared | 3101 |
intention to vote for presidential and vice-presidential electors | 3102 |
in this state. | 3103 |
Sec. 3505.05. At any time prior to the seventieth day before | 3104 |
the day of an election at which a question or issue, other than a | 3105 |
statewide question or issue, is certified to appear on the ballot, | 3106 |
the political subdivision, taxing authority, or other entity that | 3107 |
placed the issue on the ballot may remove that issue from the | 3108 |
ballot using the same process that the entity used to originally | 3109 |
certify the issue for placement on the ballot. | 3110 |
Upon receipt of a notification that a question or issue has | 3111 |
been withdrawn, the board of elections shall remove that question | 3112 |
or issue from the ballot. | 3113 |
Sec. 3505.07. (A) If the board of elections, by a unanimous | 3114 |
vote of its members, or if the secretary of state, in the | 3115 |
secretary of state's sole discretion, finds it impracticable to | 3116 |
place the names of candidates for any office of a minor political | 3117 |
subdivision in the county or the wording of any question or issue | 3118 |
to be voted upon in such minor political subdivision on the | 3119 |
ballots under sections 3505.01 to 3505.09 of the Revised Code, | 3120 |
then such board may, or at the direction of the secretary of state | 3121 |
shall, provide separate ballots for the candidates, question, or | 3122 |
issue. | 3123 |
(B) If the secretary of state, in the secretary of state's | 3124 |
sole discretion, determines that it is impracticable to place the | 3125 |
names of candidates for any office or the wording for any question | 3126 |
or issue to be voted upon on the ballot when the candidates, | 3127 |
question, issue, or wording for the question or issue was ordered | 3128 |
onto the ballot by a court of competent jurisdiction and the | 3129 |
ballots have been printed prior to the court order, the board of | 3130 |
elections, at the direction of the secretary of state, shall | 3131 |
provide separate ballots for the candidates, question, or issue. | 3132 |
(C) All separate ballots provided for in this section shall | 3133 |
conform in quality of paper, style of printing, form of ballot, | 3134 |
arrangement of names, and in all other ways, in so far as | 3135 |
practicable, with the provisions relating to the printing of the | 3136 |
general official ballot.
| 3137 |
3138 |
Sec. 3505.08. (A) Ballots shall be provided by the board of | 3139 |
elections for all general and special elections. The ballots shall | 3140 |
be printed with black ink on No. 2 white book paper fifty pounds | 3141 |
in weight per ream assuming such ream to consist of five hundred | 3142 |
sheets of such paper twenty-five by thirty-eight inches in size. | 3143 |
Each ballot shall have attached at the top two stubs, each of the | 3144 |
width of the ballot and not less than one-half inch in length, | 3145 |
except that, if the board of elections has an alternate method to | 3146 |
account for the ballots that the secretary of state has | 3147 |
authorized, each ballot may have only one stub that shall be the | 3148 |
width of the ballot and not less than one-half inch in length. In | 3149 |
the case of ballots with two stubs, the stubs shall be separated | 3150 |
from the ballot and from each other by perforated lines. The top | 3151 |
stub shall be known as Stub B and shall have printed on its face | 3152 |
"Stub B." The other stub shall be known as Stub A and shall have | 3153 |
printed on its face "Stub A." Each stub shall also have printed on | 3154 |
its face "Consecutive Number .........." | 3155 |
Each ballot of each kind of ballot provided for use in each | 3156 |
precinct shall be numbered consecutively beginning with number 1 | 3157 |
by printing such number upon both of the stubs attached to the | 3158 |
ballot. On ballots bearing the names of candidates, each | 3159 |
candidate's name shall be printed in twelve point boldface upper | 3160 |
case type in an enclosed rectangular space, and an enclosed blank | 3161 |
rectangular space shall be provided at the left of the candidate's | 3162 |
name. The name of the political party of a candidate nominated at | 3163 |
a primary election or certified by a party committee shall be | 3164 |
printed in ten point lightface upper and lower case type and shall | 3165 |
be separated by a two point blank space. The name of each | 3166 |
candidate shall be indented one space within the enclosed | 3167 |
rectangular space, and the name of the political party shall be | 3168 |
indented two spaces within the enclosed rectangular space. | 3169 |
The title of each office on the ballots shall be printed in | 3170 |
twelve point boldface upper and lower case type in a separate | 3171 |
enclosed rectangular space. A four point rule shall separate the | 3172 |
name of a candidate or a group of candidates for the same office | 3173 |
from the title of the office next appearing below on the ballot; a | 3174 |
two point rule shall separate the title of the office from the | 3175 |
names of candidates; and a one point rule shall separate names of | 3176 |
candidates. Headings shall be printed in display Roman type. When | 3177 |
the names of several candidates are grouped together as candidates | 3178 |
for the same office, there shall be printed on the ballots | 3179 |
immediately below the title of the office and within the separate | 3180 |
rectangular space in which the title is printed "Vote for not more | 3181 |
than ........," in six point boldface upper and lower case filling | 3182 |
the blank space with that number which will indicate the number of | 3183 |
persons who may be lawfully elected to the office. | 3184 |
Columns on ballots shall be separated from each other by a | 3185 |
heavy vertical border or solid line at least one-eighth of an inch | 3186 |
wide, and a similar vertical border or line shall enclose the left | 3187 |
and right side of ballots. Ballots shall be trimmed along the | 3188 |
sides close to such lines. | 3189 |
The ballots provided for by this section shall be comprised | 3190 |
of four kinds of ballots designated as follows: office type | 3191 |
ballot; nonpartisan ballot; questions and issues ballot; and | 3192 |
presidential ballot. | 3193 |
On the back of each office type ballot shall be printed | 3194 |
"Official Office Type Ballot;" on the back of each nonpartisan | 3195 |
ballot shall be printed "Official Nonpartisan Ballot;" on the back | 3196 |
of each questions and issues ballot shall be printed "Official | 3197 |
Questions and Issues Ballot;" and on the back of each presidential | 3198 |
ballot shall be printed "Official Presidential Ballot." | 3199 |
3200 | |
election at which the ballot is used and the facsimile signatures | 3201 |
of the members of the board of the county in which the ballot is | 3202 |
used. For the purpose of identifying the kind of ballot, the back | 3203 |
of every ballot may be numbered in the order the board shall | 3204 |
determine. The numbers shall be printed in not less than | 3205 |
thirty-six point type above the words "Official Office Type | 3206 |
Ballot," "Official Nonpartisan Ballot," "Official Questions and | 3207 |
Issues Ballot," or "Official Presidential Ballot," as the case may | 3208 |
be. | 3209 |
be furnished for each precinct in which the above-described | 3210 |
numbered ballots are used. | 3211 |
On the back of every ballot used, there shall be a solid | 3212 |
black line printed opposite the blank rectangular space that is | 3213 |
used to mark the choice of the voter. This line shall be printed | 3214 |
wide enough so that the mark in the blank rectangular space will | 3215 |
not be visible from the back side of the ballot. | 3216 |
Sample ballots may be printed by the board of elections for | 3217 |
all general elections. The ballots shall be printed on colored | 3218 |
paper, and "Sample Ballot" shall be plainly printed in boldface | 3219 |
type on the face of each ballot. In counties of less than one | 3220 |
hundred thousand population, the board may print not more than | 3221 |
five hundred sample ballots; in all other counties, it may print | 3222 |
not more than one thousand sample ballots. The sample ballots | 3223 |
shall not be distributed by a political party or a candidate, nor | 3224 |
shall a political party or candidate cause their title or name to | 3225 |
be imprinted on sample ballots. | 3226 |
(B) Notwithstanding division (A) of this section, in | 3227 |
approving the form of an official ballot, the secretary of state | 3228 |
may authorize the use of fonts, type face settings, and ballot | 3229 |
formats other than those prescribed in that division. | 3230 |
Sec. 3505.11. (A) The ballots, with the stubs attached, | 3231 |
shall be bound into tablets for each precinct, which tablets shall | 3232 |
contain at least one per cent more ballots than the total | 3233 |
registration in the precinct, except as otherwise provided in | 3234 |
division (B) of this section. Upon the covers of the tablets shall | 3235 |
be written, printed, or stamped the designation of the precinct | 3236 |
for which the ballots have been prepared. All official ballots | 3237 |
shall be printed uniformly upon the same kind and quality of paper | 3238 |
and shall be of the same shape, size, and type. | 3239 |
Electors who have failed to respond within thirty days to any | 3240 |
confirmation notice shall not be counted in determining the number | 3241 |
of ballots to be printed under this section. | 3242 |
(B)(1) A board of elections may choose to provide ballots on | 3243 |
demand. If a board so chooses, the board shall have prepared for | 3244 |
each precinct at least five per cent more ballots for an election | 3245 |
than the number specified below for that kind of election: | 3246 |
(a) For a primary election or a special election held on the | 3247 |
day of a primary election, the total number of electors in that | 3248 |
precinct who voted in the primary election held four years | 3249 |
previously or, if no primary election was held four years | 3250 |
previously, the total number of electors in that precinct who | 3251 |
voted in a similarly situated primary, as determined by the board; | 3252 |
(b) For a general election or a special election held on the | 3253 |
day of a general election, the total number of electors in that | 3254 |
precinct who voted in the general election held four years | 3255 |
previously; | 3256 |
(c) For a special election held at any time other than on the | 3257 |
day of a primary or general election, the total number of electors | 3258 |
in that precinct who voted in the most recent primary or general | 3259 |
election, whichever of those elections occurred in the precinct | 3260 |
most recently. | 3261 |
(2) If, after the board complies with the requirements of | 3262 |
division (B)(1) of this section, the election officials of a | 3263 |
precinct determine that the precinct will not have enough ballots | 3264 |
to enable all the qualified electors in the precinct who wish to | 3265 |
vote at a particular election to do so, the officials shall | 3266 |
request that the board provide additional ballots, and the board | 3267 |
shall provide enough additional ballots, to that precinct in a | 3268 |
timely manner so that all qualified electors in that precinct who | 3269 |
wish to vote at that election may do so. | 3270 |
Sec. 3505.13. A contract for the printing of ballots | 3271 |
involving a cost in excess of | 3272 |
shall not be let until after five days' notice published once in a | 3273 |
leading newspaper published in the county or upon notice given by | 3274 |
mail by the board of elections, addressed to the responsible | 3275 |
printing offices within the state. Except as otherwise provided in | 3276 |
this section, each bid for such printing must be accompanied by a | 3277 |
bond with at least two sureties, or a surety company, satisfactory | 3278 |
to the board, in a sum double the amount of the bid, conditioned | 3279 |
upon the faithful performance of the contract for such printing as | 3280 |
is awarded and for the payment as damages by such bidder to the | 3281 |
board of any excess of cost over the bid which it may be obliged | 3282 |
to pay for such work by reason of the failure of the bidder to | 3283 |
complete the contract. No bid unaccompanied by such bond shall be | 3284 |
considered by the board. The board may, however, waive the | 3285 |
requirement that each bid be accompanied by a bond if the cost of | 3286 |
the contract is | 3287 |
contract shall be let to the lowest responsible bidder in the | 3288 |
state or, if the lowest bid by an out-of-state bidder is at least | 3289 |
ten per cent less than the lowest bid by an in-state bidder, the | 3290 |
contract may be let to the out-of-state bidder. | 3291 |
3292 |
Sec. 3505.16. Before the opening of the polls, the package | 3293 |
of supplies and the ballot | 3294 |
presence of the precinct officials. The ballot | 3295 |
package of ballots, registration forms, and other supplies shall | 3296 |
at all times be in full sight of the observers, and no ballot box | 3297 |
or unused ballots during the balloting or counting shall be | 3298 |
removed or screened from their full sight until the counting has | 3299 |
been closed and the final returns completed and the certificate | 3300 |
signed by the judges. | 3301 |
Sec. 3505.17. If by accident or casualty the ballots or | 3302 |
other required papers, lists, or supplies are lost or destroyed, | 3303 |
or in case none are delivered at the polling place, or if during | 3304 |
the time the polls are open additional ballots or supplies are | 3305 |
required, the board of elections, upon requisition by telephone or | 3306 |
in writing and signed by a majority of the precinct election | 3307 |
3308 | |
supplies are needed, shall supply them as speedily as possible. | 3309 |
Sec. 3505.18. (A)(1) When an elector appears in a polling | 3310 |
place to vote, the elector shall announce to the precinct election | 3311 |
officials the elector's full name and current address and provide | 3312 |
proof of the elector's identity in the form of a current and valid | 3313 |
photo identification, a military identification, a United States | 3314 |
passport, or a copy of a current utility bill, bank statement, | 3315 |
government check, paycheck, or other government document, other | 3316 |
than | 3317 |
3318 | |
registration mailed by a board of elections under section 3503.19 | 3319 |
of the Revised Code, that shows the name and current address of | 3320 |
the elector. | 3321 |
3322 | |
3323 | |
3324 | |
3325 | |
3326 | |
3327 | |
3328 | |
3329 | |
3330 | |
3331 |
(2) If an elector has but is unable to provide to the | 3332 |
precinct election officials any of the forms of identification | 3333 |
required under division (A)(1) of this section, | 3334 |
3335 | |
3336 | |
3337 | |
ballot under section 3505.181 of the Revised Code | 3338 |
3339 | |
3340 |
(3) | 3341 |
3342 | |
3343 | |
3344 | |
3345 | |
3346 | |
3347 |
| 3348 |
identification required under division (A)(1) of this section | 3349 |
3350 | |
3351 | |
3352 | |
penalty of election falsification that the elector cannot provide | 3353 |
the identification required under that division | 3354 |
3355 | |
that reason. Upon signing the affirmation, the elector may cast a | 3356 |
provisional ballot under section 3505.181 of the Revised Code. The | 3357 |
secretary of state shall prescribe the form of the affirmation, | 3358 |
which shall include spaces for the elector to complete all of the | 3359 |
following: | 3360 |
(a) The elector's name; | 3361 |
(b) The elector's address; | 3362 |
(c) The current date; | 3363 |
(d) The elector's date of birth; | 3364 |
(e) The elector's signature. | 3365 |
| 3366 |
identification required under division (A)(1) of this section and | 3367 |
3368 | |
3369 | |
3370 | |
affirmation under division (A) | 3371 |
may cast a provisional ballot under section 3505.181 of the | 3372 |
Revised Code, | 3373 |
3374 |
| 3375 |
3376 | |
3377 | |
3378 | |
3379 | |
3380 | |
3381 |
(5) If an elector executes an affirmation under division | 3382 |
(A)(3) of this section stating that the elector does not have any | 3383 |
of the forms of identification required under division (A)(1) of | 3384 |
this section and, in verifying the elector's eligibility to vote, | 3385 |
the election officials determine that the elector does have one of | 3386 |
those forms of identification and failed to provide such | 3387 |
identification, that elector shall be deemed to have committed | 3388 |
election falsification in violation of section 3599.36 of the | 3389 |
Revised Code by filing that affirmation and that elector's | 3390 |
provisional ballot shall not be counted. | 3391 |
(B) After the elector has announced the elector's full name | 3392 |
and current address and provided any of the forms of | 3393 |
identification required under division (A)(1) of this section, the | 3394 |
elector shall write the elector's | 3395 |
the proper place in the poll list or signature pollbook provided | 3396 |
for the purpose, except that if, for any reason, an elector is | 3397 |
unable to write the elector's | 3398 |
in the poll list or signature pollbook, the elector may make the | 3399 |
elector's mark at the place intended for the elector's | 3400 |
signature, and a precinct election official shall write the name | 3401 |
of the elector at the proper place on the poll list or signature | 3402 |
pollbook following the elector's mark. The making of such a mark | 3403 |
shall be attested by the precinct election official, who shall | 3404 |
evidence the same by signing the precinct election official's name | 3405 |
on the poll list or signature pollbook as a witness to the mark. | 3406 |
Alternatively, if applicable, an attorney in fact acting pursuant | 3407 |
to section 3501.382 of the Revised Code may sign the elector's | 3408 |
signature in the poll list or signature pollbook in accordance | 3409 |
with that section. | 3410 |
The elector's signature in the poll list or signature | 3411 |
pollbook then shall be compared with the elector's signature on | 3412 |
the elector's registration form or a digitized signature list as | 3413 |
provided for in section 3503.13 of the Revised Code, and if, in | 3414 |
the opinion of a majority of the precinct election officials, the | 3415 |
signatures are the signatures of the same person, the election | 3416 |
officials shall enter the date of the election on the registration | 3417 |
form or shall record the date by other means prescribed by the | 3418 |
secretary of state. The validity of an attorney in fact's | 3419 |
signature on behalf of an elector shall be determined in | 3420 |
accordance with section 3501.382 of the Revised Code. | 3421 |
If the right of the elector to vote is not then challenged, | 3422 |
or, if being challenged, the elector establishes the elector's | 3423 |
right to vote, the elector shall be allowed to proceed to use the | 3424 |
voting machine. If voting machines are not being used in that | 3425 |
precinct, the judge in charge of ballots shall then detach the | 3426 |
next ballots to be issued to the elector from Stub B attached to | 3427 |
each ballot, leaving Stub A attached to each ballot, hand the | 3428 |
ballots to the elector, and call the elector's name and the stub | 3429 |
number on each of the ballots. The judge shall enter the stub | 3430 |
numbers opposite the signature of the elector in the pollbook. The | 3431 |
elector shall then retire to one of the voting compartments to | 3432 |
mark the elector's ballots. No mark shall be made on any ballot | 3433 |
which would in any way enable any person to identify the person | 3434 |
who voted the ballot. | 3435 |
Sec. 3505.181. (A) All of the following individuals shall be | 3436 |
permitted to cast a provisional ballot at an election: | 3437 |
(1) An individual who declares that the individual is a | 3438 |
registered voter in the jurisdiction in which the individual | 3439 |
desires to vote and that the individual is eligible to vote in an | 3440 |
election, but the name of the individual does not appear on the | 3441 |
official list of eligible voters for the polling place or an | 3442 |
election official asserts that the individual is not eligible to | 3443 |
vote; | 3444 |
(2) | 3445 |
3446 | |
3447 | |
3448 |
| 3449 |
election officials any of the forms of identification required | 3450 |
under division (A)(1) of section 3505.18 of the Revised Code | 3451 |
3452 | |
3453 | |
3454 |
| 3455 |
identification required under division (A)(1) of section 3505.18 | 3456 |
of the Revised Code | 3457 |
3458 | |
3459 | |
3460 | |
3461 | |
execute an affirmation under division (A)(4) of that section; | 3462 |
| 3463 |
pollbook has been marked under section 3509.09 or 3511.13 of the | 3464 |
Revised Code as having requested an absent voter's ballot or | 3465 |
3466 | |
ballot for that election and who appears to vote at the polling | 3467 |
place; | 3468 |
| 3469 |
been returned undelivered to the board of elections and whose name | 3470 |
in the official registration list and in the poll list or | 3471 |
signature pollbook has been marked under division (C)(2) of | 3472 |
section 3503.19 of the Revised Code; | 3473 |
| 3474 |
of the Revised Code and the election officials determine that the | 3475 |
person is ineligible to vote or are unable to determine the | 3476 |
person's eligibility to vote; | 3477 |
| 3478 |
3479 | |
3480 |
| 3481 |
3482 | |
within a county, moves from one precinct to another and changes | 3483 |
the individual's name, | 3484 |
the state, or moves from one county to another and changes the | 3485 |
individual's name and completes and signs the required forms and | 3486 |
statements under division (B) or (C) of section 3503.16 of the | 3487 |
Revised Code; | 3488 |
| 3489 |
precinct officers under section 3505.22 of the Revised Code, is | 3490 |
not that of the person who signed that name in the registration | 3491 |
forms; | 3492 |
| 3493 |
of the Revised Code who refuses to make the statement required | 3494 |
under that section, who a majority of the precinct officials find | 3495 |
lacks any of the qualifications to make the individual a qualified | 3496 |
elector, or who a majority of the precinct officials find is not | 3497 |
affiliated with or a member of the political party whose ballot | 3498 |
the individual desires to vote; | 3499 |
| 3500 |
3501 | |
3502 | |
3503 | |
3504 | |
3505 | |
3506 |
| 3507 |
3508 | |
3509 | |
3510 | |
3511 | |
3512 | |
casting a ballot after the time for the closing of the polls under | 3513 |
section 3501.32 of the Revised Code pursuant to a court order | 3514 |
extending the time for the closing of the polls. | 3515 |
(B) An individual who is eligible to cast a provisional | 3516 |
ballot under division (A) of this section shall be permitted to | 3517 |
cast a provisional ballot as follows: | 3518 |
(1) An election official at the polling place shall notify | 3519 |
the individual that the individual may cast a provisional ballot | 3520 |
in that election. | 3521 |
(2) The individual shall be permitted to cast a provisional | 3522 |
ballot at that polling place upon the execution of a written | 3523 |
affirmation by the individual before an election official at the | 3524 |
polling place stating that the individual is both of the | 3525 |
following: | 3526 |
(a) A registered voter in the jurisdiction in which the | 3527 |
individual desires to vote; | 3528 |
(b) Eligible to vote in that election. | 3529 |
If the individual declines to execute the affirmation, the | 3530 |
election official shall not record any of the information required | 3531 |
to be provided by the individual on the affirmation. The election | 3532 |
official shall explain to the individual that the provisional | 3533 |
ballot will not be counted. | 3534 |
(3) An election official at the polling place shall transmit | 3535 |
the ballot cast by the individual | 3536 |
contained in the written affirmation executed by the individual | 3537 |
under division (B)(2) of this section | 3538 |
3539 | |
appropriate local election official for verification | 3540 |
3541 |
(4) | 3542 |
3543 | |
3544 | |
3545 | |
3546 |
| 3547 |
ballot, the appropriate local election official shall give the | 3548 |
individual written information that states that any individual who | 3549 |
casts a provisional ballot will be able to ascertain under the | 3550 |
system established under division (B) | 3551 |
whether the vote was counted, and, if the vote was not counted, | 3552 |
the reason that the vote was not counted. | 3553 |
(b) The appropriate state or local election official shall | 3554 |
establish a free access system, in the form of a toll-free | 3555 |
telephone number, that any individual who casts a provisional | 3556 |
ballot may access to discover whether the vote of that individual | 3557 |
was counted, and, if the vote was not counted, the reason that the | 3558 |
vote was not counted. The free access system established under | 3559 |
this division also shall provide to an individual whose | 3560 |
provisional ballot was not counted information explaining how that | 3561 |
individual may contact the board of elections to register to vote | 3562 |
or to resolve problems with the individual's voter registration. | 3563 |
The appropriate state or local election official shall | 3564 |
establish and maintain reasonable procedures necessary to protect | 3565 |
the security, confidentiality, and integrity of personal | 3566 |
information collected, stored, or otherwise used by the free | 3567 |
access system established under this division. Access to | 3568 |
information about an individual ballot shall be restricted to the | 3569 |
individual who cast the ballot. | 3570 |
| 3571 |
3572 | |
3573 | |
3574 | |
3575 | |
3576 | |
3577 | |
3578 | |
3579 | |
3580 | |
3581 | |
3582 | |
3583 | |
3584 | |
3585 | |
3586 | |
3587 | |
3588 | |
3589 | |
3590 | |
3591 | |
3592 | |
3593 | |
3594 | |
3595 |
| 3596 |
3597 | |
election official shall indicate, on the provisional ballot | 3598 |
verification statement required under section 3505.182 of the | 3599 |
Revised Code, | 3600 |
3601 | |
application or challenge hearing has been postponed with respect | 3602 |
to the individual, such that additional information is required | 3603 |
for the board of elections to determine the eligibility of the | 3604 |
individual who cast the provisional ballot. | 3605 |
| 3606 |
3607 | |
3608 | |
3609 | |
3610 | |
3611 |
| 3612 |
3613 | |
3614 | |
3615 |
| 3616 |
3617 | |
3618 | |
3619 | |
3620 | |
3621 | |
3622 | |
3623 | |
3624 |
| 3625 |
3626 |
| 3627 |
3628 | |
3629 | |
3630 |
| 3631 |
3632 | |
3633 | |
3634 | |
3635 | |
3636 | |
3637 |
(C)(1) If an individual declares that the individual is | 3638 |
eligible to vote in a jurisdiction other than the jurisdiction in | 3639 |
which the individual desires to vote, or if, upon review of the | 3640 |
precinct voting location guide using the residential street | 3641 |
address provided by the individual, an election official at the | 3642 |
polling place at which the individual desires to vote determines | 3643 |
that the individual is not eligible to vote in that jurisdiction, | 3644 |
the election official shall direct the individual to the polling | 3645 |
place for the jurisdiction in which the individual appears to be | 3646 |
eligible to vote, explain that the individual may cast a | 3647 |
provisional ballot at the current location but the ballot will not | 3648 |
be counted if it is cast in the wrong precinct, and provide the | 3649 |
telephone number of the board of elections in case the individual | 3650 |
has additional questions. | 3651 |
(2) If the individual refuses to travel to the polling place | 3652 |
for the correct jurisdiction or to the office of the board of | 3653 |
elections to cast a ballot, the individual shall be permitted to | 3654 |
vote a provisional ballot at that jurisdiction in accordance with | 3655 |
division (B) of this section. If any of the following apply, the | 3656 |
provisional ballot cast by that individual shall not be opened or | 3657 |
counted: | 3658 |
(a) The individual is not properly registered in that | 3659 |
jurisdiction. | 3660 |
(b) The individual is not eligible to vote in that election | 3661 |
in that jurisdiction. | 3662 |
(c) The individual's eligibility to vote in that jurisdiction | 3663 |
in that election cannot be established upon examination of the | 3664 |
records on file with the board of elections. | 3665 |
(D) The appropriate local election official shall cause | 3666 |
voting information to be publicly posted at each polling place on | 3667 |
the day of each election. | 3668 |
(E) As used in this section and sections 3505.182 and | 3669 |
3505.183 of the Revised Code: | 3670 |
(1) "Jurisdiction" means the precinct in which a person is a | 3671 |
legally qualified elector. | 3672 |
(2) "Precinct voting location guide" means either of the | 3673 |
following: | 3674 |
(a) An electronic or paper record that lists the correct | 3675 |
jurisdiction and polling place for either each specific | 3676 |
residential street address in the county or the range of | 3677 |
residential street addresses located in each neighborhood block in | 3678 |
the county; | 3679 |
(b) Any other method that a board of elections creates that | 3680 |
allows a precinct election official or any elector who is at a | 3681 |
polling place in that county to determine the correct jurisdiction | 3682 |
and polling place of any qualified elector who resides in the | 3683 |
county. | 3684 |
(3) "Voting information" means all of the following: | 3685 |
(a) A sample version of the ballot that will be used for that | 3686 |
election; | 3687 |
(b) Information regarding the date of the election and the | 3688 |
hours during which polling places will be open; | 3689 |
(c) Instructions on how to vote, including how to cast a vote | 3690 |
and how to cast a provisional ballot; | 3691 |
(d) Instructions for mail-in registrants and first-time | 3692 |
voters under applicable federal and state laws; | 3693 |
(e) General information on voting rights under applicable | 3694 |
federal and state laws, including information on the right of an | 3695 |
individual to cast a provisional ballot and instructions on how to | 3696 |
contact the appropriate officials if these rights are alleged to | 3697 |
have been violated; | 3698 |
(f) General information on federal and state laws regarding | 3699 |
prohibitions against acts of fraud and misrepresentation. | 3700 |
Sec. 3505.182. Each individual who casts a provisional | 3701 |
ballot under section 3505.181 of the Revised Code shall execute a | 3702 |
written affirmation. The secretary of state shall prescribe the | 3703 |
form of the written affirmation, which shall be printed upon the | 3704 |
face of the provisional ballot envelope | 3705 |
3706 |
3707 | |
3708 | |
| 3709 |
3710 | |
3711 | |
3712 | |
3713 |
| 3714 |
3715 | |
3716 | |
3717 | |
3718 | |
3719 | |
3720 | |
3721 |
| 3722 |
3723 | |
3724 |
3725 | |||
3726 | |||
3727 | |||
3728 |
3729 | |||
3730 | |||
3731 |
| 3732 |
3733 |
3734 | |
3735 | |
3736 | ||||
3737 | ||||
3738 | ||||
3739 | ||||
3740 | ||||
3741 | ||||
3742 | ||||
3743 |
3744 | |
3745 | |
| 3746 |
3747 | |
3748 |
| 3749 |
3750 | |
3751 |
| 3752 |
3753 |
| 3754 |
3755 |
| 3756 |
3757 | |
3758 |
| 3759 |
3760 |
| 3761 |
3762 | |
3763 | |
3764 | |
3765 |
| 3766 |
3767 | |
3768 | |
3769 | |
3770 | |
3771 | |
3772 | |
3773 |
| 3774 |
3775 |
| 3776 |
3777 | |
3778 | |
3779 | |
3780 | |
3781 | |
3782 | |
3783 | |
3784 | |
3785 | |
3786 |
| 3787 |
3788 | |
3789 | |
3790 | |
3791 | |
3792 | |
3793 | |
3794 | |
3795 | |
3796 | |
3797 | |
3798 | |
3799 | |
3800 | |
3801 |
| 3802 |
3803 | |
3804 | |
3805 | |
3806 | |
3807 |
| 3808 |
3809 | |
3810 | |
3811 | |
3812 | |
3813 |
| 3814 |
3815 | |
3816 | |
3817 | |
3818 | |
3819 | |
3820 | |
3821 | |
3822 | |
3823 |
3824 | |||
3825 |
| 3826 |
3827 | |
3828 | |
3829 | |
3830 | |
3831 |
| 3832 |
3833 | |
3834 | |
the provisional ballot envelope shall be an election official | 3835 |
checklist, which shall be signed by two election officials who are | 3836 |
members of different political parties affirming that those | 3837 |
election officials followed the proper procedures in verifying the | 3838 |
provisional voter's registration information, address, and correct | 3839 |
precinct. | 3840 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 3841 |
the board of elections from the precincts, the board shall | 3842 |
separate the provisional ballot envelopes from the rest of the | 3843 |
ballots. Teams of employees of the board consisting of one member | 3844 |
of each major political party shall place the sealed provisional | 3845 |
ballot envelopes in a secure location within the office of the | 3846 |
board. The sealed provisional ballot envelopes shall remain in | 3847 |
that secure location until the validity of those ballots is | 3848 |
determined under division (B) of this section. | 3849 |
3850 | |
3851 | |
3852 | |
3853 | |
3854 | |
3855 |
(B)(1) To determine whether a provisional ballot is valid and | 3856 |
entitled to be counted, the board shall examine | 3857 |
affirmation executed by the provisional voter, the statewide voter | 3858 |
registration database, and other records maintained by the board | 3859 |
of elections and determine whether the individual who cast the | 3860 |
provisional ballot is registered and eligible to vote in the | 3861 |
applicable election. The board shall examine the information | 3862 |
contained in the written affirmation executed by the individual | 3863 |
who cast the provisional ballot under division (B)(2) of section | 3864 |
3505.181 of the Revised Code. | 3865 |
3866 | |
3867 | |
3868 | |
3869 | |
3870 | |
provisional voter in the written affirmation in order for the | 3871 |
provisional ballot to be eligible to be counted: | 3872 |
(a) The individual's printed name | 3873 |
(b) The individual's signature; | 3874 |
| 3875 |
(d) The individual's social security number, driver's license | 3876 |
number, or state identification card number, or an affirmative | 3877 |
notation that the individual provided the required identification | 3878 |
under division (A)(1) of section 3505.18 of the Revised Code; | 3879 |
(e) The individual's residence address; | 3880 |
(f) A statement that the individual is a registered voter in | 3881 |
the jurisdiction in which the provisional ballot is being voted; | 3882 |
| 3883 |
the election in which the provisional ballot is being voted. | 3884 |
(2) | 3885 |
3886 | |
3887 | |
3888 | |
3889 | |
3890 | |
3891 | |
3892 | |
3893 | |
3894 | |
3895 |
| 3896 |
3897 | |
3898 | |
provisional ballot envelope shall be opened, and the ballot shall | 3899 |
be placed in a ballot box to be counted: | 3900 |
(a) The individual named on the affirmation is properly | 3901 |
registered to vote. | 3902 |
(b) The individual named on the affirmation is eligible to | 3903 |
cast a ballot in the precinct and for the election in which the | 3904 |
individual cast the provisional ballot. | 3905 |
(c) The individual provided all of the information required | 3906 |
under division (B)(1) of this section in the affirmation that the | 3907 |
individual executed at the time the individual cast the | 3908 |
provisional ballot. | 3909 |
| 3910 |
3911 | |
3912 |
| 3913 |
3914 | |
3915 | |
3916 |
| 3917 |
3918 | |
3919 | |
the provisional ballot envelope shall not be opened, and the | 3920 |
ballot shall not be counted: | 3921 |
(i) The individual named on the affirmation is not qualified | 3922 |
or is not properly registered to vote. | 3923 |
(ii) The individual named on the affirmation is not eligible | 3924 |
to cast a ballot in the precinct or for the election in which the | 3925 |
individual cast the provisional ballot. | 3926 |
(iii) The individual did not provide all of the information | 3927 |
required under division (B)(1) of this section in the affirmation | 3928 |
that the individual executed at the time the individual cast the | 3929 |
provisional ballot. | 3930 |
(iv) The individual has already cast a ballot for the | 3931 |
election in which the individual cast the provisional ballot. | 3932 |
(v) | 3933 |
3934 | |
3935 | |
3936 |
| 3937 |
3938 | |
3939 | |
3940 |
| 3941 |
3942 | |
3943 | |
3944 | |
3945 | |
3946 | |
3947 | |
3948 | |
3949 | |
3950 | |
3951 | |
under division (A)(3) of section 3505.18 of the Revised Code | 3952 |
stating that the elector does not have any of the forms of | 3953 |
identification required under division (A)(1) of that section and, | 3954 |
in verifying the elector's eligibility to vote, the election | 3955 |
officials determined that the elector does have one of those forms | 3956 |
of identification and failed to provide that identification. | 3957 |
(b) If, in examining a provisional ballot affirmation | 3958 |
3959 | |
3960 | |
the provisional ballot envelope shall not be opened, and the | 3961 |
ballot shall not be counted: | 3962 |
(i) Whether the individual named on the affirmation is | 3963 |
qualified or properly registered to vote; | 3964 |
(ii) Whether the individual named on the affirmation is | 3965 |
eligible to cast a ballot in the precinct or for the election in | 3966 |
which the individual cast the provisional ballot. | 3967 |
(C)(1) For each provisional ballot rejected under division | 3968 |
(B) | 3969 |
provisional voter who cast the ballot, the identification number | 3970 |
of the provisional ballot envelope, the names of the election | 3971 |
officials who determined the validity of that ballot, the date and | 3972 |
time that the determination was made, and the reason that the | 3973 |
ballot was not counted. | 3974 |
(2) Provisional ballots that are rejected under division | 3975 |
(B) | 3976 |
preserved in their provisional ballot envelopes unopened until the | 3977 |
time provided by section 3505.31 of the Revised Code for the | 3978 |
destruction of all other ballots used at the election for which | 3979 |
ballots were provided, at which time they shall be destroyed. | 3980 |
(D) Provisional ballots that the board determines are | 3981 |
eligible to be counted under division (B) | 3982 |
shall be counted in the same manner as provided for other ballots | 3983 |
under section 3505.27 of the Revised Code. No provisional ballots | 3984 |
shall be counted in a particular county until the board determines | 3985 |
the eligibility to be counted of all provisional ballots cast in | 3986 |
that county under division (B) of this section for that election. | 3987 |
Observers, as provided in section 3505.21 of the Revised Code, may | 3988 |
be present at all times that the board is determining the | 3989 |
eligibility of provisional ballots to be counted and counting | 3990 |
those provisional ballots determined to be eligible. No person | 3991 |
shall recklessly disclose the count or any portion of the count of | 3992 |
provisional ballots in such a manner as to jeopardize the secrecy | 3993 |
of any individual ballot. | 3994 |
(E) | 3995 |
3996 | |
board of elections from examining provisional ballot affirmations | 3997 |
3998 | |
3999 | |
counted during the ten days after the day of an election. | 4000 |
| 4001 |
4002 | |
4003 | |
4004 | |
4005 | |
4006 | |
4007 | |
4008 | |
4009 | |
4010 | |
4011 | |
4012 | |
4013 |
Sec. 3505.20. Any person offering to vote may be challenged | 4014 |
at the polling place by any | 4015 |
official. If the board of elections has ruled on the question | 4016 |
presented by a challenge prior to election day, its finding and | 4017 |
decision shall be final, and the | 4018 |
manager shall be notified in writing. If the board has not ruled, | 4019 |
the question shall be determined as set forth in this section. If | 4020 |
any person is so challenged as unqualified to vote, the | 4021 |
4022 | |
following oath: "You do swear or affirm under penalty of election | 4023 |
falsification that you will fully and truly answer all of the | 4024 |
following questions put to you concerning your qualifications as | 4025 |
an elector at this election." | 4026 |
(A) If the person is challenged as unqualified on the ground | 4027 |
that the person is not a citizen, the | 4028 |
officials shall put the following | 4029 |
| 4030 |
| 4031 |
| 4032 |
| 4033 |
4034 |
| 4035 |
4036 | |
4037 | |
4038 | |
4039 | |
4040 | |
4041 | |
4042 | |
4043 | |
4044 | |
4045 | |
4046 | |
4047 | |
4048 | |
4049 | |
4050 |
(B) If the person is challenged as unqualified on the ground | 4051 |
that the person has not resided in this state for thirty days | 4052 |
immediately preceding the election, the | 4053 |
officials shall put the following questions: | 4054 |
(1) Have you resided in this state for thirty days | 4055 |
immediately preceding this election? If so, where have you | 4056 |
resided? | 4057 |
(2) Did you properly register to vote? | 4058 |
(3) Can you provide some form of identification containing | 4059 |
your current mailing address in this precinct? Please provide that | 4060 |
identification. | 4061 |
(4) Have you voted or attempted to vote at any other location | 4062 |
in this or in any other state at this election? | 4063 |
(5) Have you applied for an absent voter's ballot in any | 4064 |
state for this election? | 4065 |
If the | 4066 |
verify the person's eligibility to cast a ballot in the election, | 4067 |
the | 4068 |
person, and the person may vote, a provisional ballot under | 4069 |
section 3505.181 of the Revised Code. The provisional ballot shall | 4070 |
not be counted unless it is properly completed and the board of | 4071 |
elections determines that the voter is properly registered and | 4072 |
eligible to vote in the election. | 4073 |
(C) If the person is challenged as unqualified on the ground | 4074 |
that the person is not a resident of the precinct where the person | 4075 |
offers to vote, the | 4076 |
the following questions: | 4077 |
(1) Do you reside in this precinct? | 4078 |
(2) When did you move into this precinct? | 4079 |
(3) When you came into this precinct, did you come for a | 4080 |
temporary purpose merely or for the purpose of making it your | 4081 |
home? | 4082 |
(4) What is your current mailing address? | 4083 |
(5) Do you have some official identification containing your | 4084 |
current address in this precinct? Please provide that | 4085 |
identification. | 4086 |
(6) Have you voted or attempted to vote at any other location | 4087 |
in this or in any other state at this election? | 4088 |
(7) Have you applied for any absent voter's ballot in any | 4089 |
state for this election? | 4090 |
The | 4091 |
individual who is not in the appropriate polling place to the | 4092 |
appropriate polling place. If the individual refuses to go to the | 4093 |
appropriate polling place, or if the | 4094 |
officials are unable to verify the person's eligibility to cast a | 4095 |
ballot in the election, the | 4096 |
shall provide to the person, and the person may vote, a | 4097 |
provisional ballot under section 3505.181 of the Revised Code. The | 4098 |
provisional ballot shall not be counted unless it is properly | 4099 |
completed and the board of elections determines that the voter is | 4100 |
properly registered and eligible to vote in the election. | 4101 |
(D) If the person is challenged as unqualified on the ground | 4102 |
that the person is not of legal voting age, the | 4103 |
election officials shall put the following questions: | 4104 |
(1) Are you eighteen years of age or more? | 4105 |
(2) What is your date of birth? | 4106 |
(3) Do you have some official identification verifying your | 4107 |
age? Please provide that identification. | 4108 |
If the | 4109 |
verify the person's age and eligibility to cast a ballot in the | 4110 |
election, the | 4111 |
the person, and the person may vote, a provisional ballot under | 4112 |
section 3505.181 of the Revised Code. The provisional ballot shall | 4113 |
not be counted unless it is properly completed and the board of | 4114 |
elections determines that the voter is properly registered and | 4115 |
eligible to vote in the election. | 4116 |
| 4117 |
4118 | |
4119 | |
challenged refuses to answer fully any question put to the person, | 4120 |
is unable to answer the questions as they were answered on the | 4121 |
registration form by the person under whose name the person offers | 4122 |
to vote, or refuses to sign the person's name or make the person's | 4123 |
mark, or if for any other reason a majority of the | 4124 |
election officials believes the person is not entitled to vote, | 4125 |
the
| 4126 |
person, and the person may vote, a provisional ballot under | 4127 |
section 3505.181 of the Revised Code. The provisional ballot shall | 4128 |
not be counted unless it is properly completed and the board of | 4129 |
elections determines that the voter is properly registered and | 4130 |
eligible to vote in the election. | 4131 |
A qualified citizen who has certified the citizen's intention | 4132 |
to vote for president and vice-president as provided by Chapter | 4133 |
3504. of the Revised Code shall be eligible to receive only the | 4134 |
ballot containing presidential and vice-presidential candidates. | 4135 |
However, prior to the nineteenth day before the day of an | 4136 |
election and in accordance with section 3503.24 of the Revised | 4137 |
Code, any person qualified to vote may challenge the right of any | 4138 |
other person to be registered as a voter, or the right to cast an | 4139 |
absent voter's ballot, or to make application for such ballot. | 4140 |
Such challenge shall be made in accordance with section 3503.24 of | 4141 |
the Revised Code, and the board of elections of the county in | 4142 |
which the voting residence of the challenged voter is situated | 4143 |
shall make a final determination relative to the legality of such | 4144 |
registration or application. | 4145 |
Sec. 3505.21. At any primary, special, or general election, | 4146 |
any political party supporting candidates to be voted upon at such | 4147 |
election and any group of five or more candidates may appoint to | 4148 |
the board of elections or to any of the precincts in the county or | 4149 |
city one person, a qualified elector, who shall serve as observer | 4150 |
for such party or such candidates during the casting and counting | 4151 |
of the ballots; provided that separate observers may be appointed | 4152 |
to serve during the casting and during the counting of the | 4153 |
ballots. No candidate, no uniformed peace officer as defined by | 4154 |
section 2935.01 of the Revised Code, no uniformed state highway | 4155 |
patrol trooper, no uniformed member of any fire department, no | 4156 |
uniformed member of the armed services, no uniformed member of the | 4157 |
organized militia, no person wearing any other uniform, and no | 4158 |
person carrying a firearm or other deadly weapon shall serve as an | 4159 |
observer, nor shall any candidate be represented by more than one | 4160 |
observer at any one precinct except that a candidate who is a | 4161 |
member of a party controlling committee, as defined in section | 4162 |
3517.03 of the Revised Code, may serve as an observer. Any | 4163 |
political party or group of candidates appointing observers shall | 4164 |
notify the board of elections of the names and addresses of its | 4165 |
appointees and the precincts at which they shall serve. | 4166 |
Notification shall take place not less than eleven days before the | 4167 |
election on forms prescribed by the secretary of state and may be | 4168 |
amended by filing an amendment with the board of elections at any | 4169 |
time until four p.m. of the day before the election. The observer | 4170 |
serving on behalf of a political party shall be appointed in | 4171 |
writing by the chairperson and secretary of the respective | 4172 |
controlling party committee. Observers serving for any five or | 4173 |
more candidates shall have their certificates signed by those | 4174 |
candidates. Observers appointed to a precinct may file their | 4175 |
certificates of appointment with the | 4176 |
location manager of the precinct at the meeting on the evening | 4177 |
prior to the election, or with the | 4178 |
manager of the precinct on the day of the election. Upon the | 4179 |
filing of a certificate, the person named as observer in the | 4180 |
certificate shall be permitted to be in and about the polling | 4181 |
place for the precinct during the casting of the ballots and shall | 4182 |
be permitted to watch every proceeding of the | 4183 |
precinct election officials from the time of the opening until the | 4184 |
closing of the polls. The observer also may inspect the counting | 4185 |
of all ballots in the polling place or board of elections from the | 4186 |
time of the closing of the polls until the counting is completed | 4187 |
and the final returns are certified and signed. Observers | 4188 |
appointed to the board of elections under this section may observe | 4189 |
at the board of elections and may observe at any precinct in the | 4190 |
county. The
| 4191 |
protect such observers in all of the rights and privileges granted | 4192 |
to them by Title XXXV of the Revised Code. | 4193 |
No persons other than the | 4194 |
election officials, the observers, a police officer, other persons | 4195 |
who are detailed to any precinct on request of the board of | 4196 |
elections, or the secretary of state or the secretary of state's | 4197 |
legal representative shall be admitted to the polling place, or | 4198 |
any room in which a board of elections is counting ballots, after | 4199 |
the closing of the polls until the counting, certifying, and | 4200 |
signing of the final returns of each election have been completed. | 4201 |
Not later than four p.m. of the twentieth day prior to an | 4202 |
election at which questions are to be submitted to a vote of the | 4203 |
people, any committee that in good faith advocates or opposes a | 4204 |
measure may file a petition with the board of any county asking | 4205 |
that the petitioners be recognized as the committee entitled to | 4206 |
appoint observers to the count at the election. If more than one | 4207 |
committee alleging themselves to advocate or oppose the same | 4208 |
measure file such a petition, the board shall decide and announce | 4209 |
by registered mail to each committee not less than twelve days | 4210 |
immediately preceding the election which committee is recognized | 4211 |
as being entitled to appoint observers. The decision shall not be | 4212 |
final, but any aggrieved party may institute mandamus proceedings | 4213 |
in the court of common pleas of the county in which the board has | 4214 |
jurisdiction to compel the | 4215 |
officials to accept the appointees of such aggrieved party. Any | 4216 |
such recognized committee may appoint an observer to the count in | 4217 |
each precinct. Committees appointing observers shall notify the | 4218 |
board of elections of the names and addresses of its appointees | 4219 |
and the precincts at which they shall serve. Notification shall | 4220 |
take place not less than eleven days before the election on forms | 4221 |
prescribed by the secretary of state and may be amended by filing | 4222 |
an amendment with the board of elections at any time until four | 4223 |
p.m. on the day before the election. A person so appointed shall | 4224 |
file the person's certificate of appointment with the | 4225 |
4226 | |
has been appointed to serve. Observers shall file their | 4227 |
certificates before the polls are closed. In no case shall more | 4228 |
than six observers be appointed for any one election in any one | 4229 |
precinct. If more than three questions are to be voted on, the | 4230 |
committees which have appointed observers may agree upon not to | 4231 |
exceed six observers, and the | 4232 |
election officials shall appoint such observers. If such | 4233 |
committees fail to agree, the
| 4234 |
election officials shall appoint six observers from the appointees | 4235 |
so certified, in such manner that each side of the several | 4236 |
questions shall be represented. | 4237 |
No person shall serve as an observer at any precinct unless | 4238 |
the board of elections of the county in which such observer is to | 4239 |
serve has first been notified of the name, address, and precinct | 4240 |
at which such observer is to serve. Notification to the board of | 4241 |
elections shall be given by the political party, group of | 4242 |
candidates, or committee appointing such observer as prescribed in | 4243 |
this section. No such observers shall receive any compensation | 4244 |
from the county, municipal corporation, or township, and they | 4245 |
shall take the following oath, to be administered by one of the | 4246 |
4247 |
"You do solemnly swear that you will faithfully and | 4248 |
impartially discharge the duties as an official observer, assigned | 4249 |
by law; that you will not cause any delay to persons offering to | 4250 |
vote; and that you will not disclose or communicate to any person | 4251 |
how any elector has voted at such election." | 4252 |
Sec. 3505.23. No voter shall be allowed to occupy a voting | 4253 |
compartment or use a voting machine for more than | 4254 |
when all the voting compartments or machines are in use and voters | 4255 |
are waiting to occupy them. Except as otherwise provided by | 4256 |
section 3505.24 of the Revised Code, no voter shall occupy a | 4257 |
voting compartment or machine with another person or speak to | 4258 |
anyone, nor shall anyone speak to the voter, while the voter is in | 4259 |
a voting compartment or machine. | 4260 |
In precincts that do not use voting machines the following | 4261 |
procedure shall be followed: | 4262 |
If a voter tears, soils, defaces, or erroneously marks a | 4263 |
ballot the voter may return it to the precinct election officials | 4264 |
and a second ballot shall be issued to the voter. Before returning | 4265 |
a torn, soiled, defaced, or erroneously marked ballot, the voter | 4266 |
shall fold it so as to conceal any marks the voter made upon it, | 4267 |
but the voter shall not remove Stub A therefrom. If the voter | 4268 |
tears, soils, defaces, or erroneously marks such second ballot, | 4269 |
the voter may return it to the precinct election officials, and a | 4270 |
third ballot shall be issued to the voter. In no case shall more | 4271 |
than three ballots be issued to a voter. Upon receiving a returned | 4272 |
torn, soiled, defaced, or erroneously marked ballot the precinct | 4273 |
election officials shall detach Stub A therefrom, write "Defaced" | 4274 |
on the back of such ballot, and place the stub and the ballot in | 4275 |
the separate containers provided therefor. | 4276 |
No elector shall leave the polling place until the elector | 4277 |
returns to the precinct election officials every ballot issued to | 4278 |
the elector with Stub A on each ballot attached thereto, | 4279 |
regardless of whether the elector has or has not placed any marks | 4280 |
upon the ballot. | 4281 |
Before leaving the voting compartment, the voter shall fold | 4282 |
each ballot marked by the voter so that no part of the face of the | 4283 |
ballot is visible, and so that the printing thereon indicating the | 4284 |
kind of ballot it is and the facsimile signatures of the members | 4285 |
of the board of elections are visible. The voter shall then leave | 4286 |
the voting compartment, deliver the voter's ballots, and state the | 4287 |
voter's name to the | 4288 |
of the ballot | 4289 |
A from each ballot, and announce the number on the stubs. The | 4290 |
4291 | |
poll books shall check to ascertain whether the number so | 4292 |
announced is the number on Stub B of the ballots issued to such | 4293 |
voter, and if no discrepancy appears to exist, the | 4294 |
election official in charge of the ballot | 4295 |
presence of the voter, deposit each such ballot in the | 4296 |
ballot box and shall place Stub A from each ballot in the | 4297 |
container provided therefor. The voter shall then immediately | 4298 |
leave the polling place. | 4299 |
No ballot delivered by a voter to the | 4300 |
official in charge of the ballot | 4301 |
therefrom, and only ballots provided in accordance with Title XXXV | 4302 |
of the Revised Code, shall be voted or deposited in the ballot | 4303 |
4304 |
In marking a presidential ballot, the voter shall record the | 4305 |
vote in the manner provided on the ballot next to the names of the | 4306 |
candidates for the offices of president and vice-president. Such | 4307 |
ballot shall be considered and counted as a vote for each of the | 4308 |
candidates for election as presidential elector whose names were | 4309 |
certified to the secretary of state by the political party of such | 4310 |
nominees for president and vice-president. | 4311 |
In marking an office type ballot or nonpartisan ballot, the | 4312 |
voter shall record the vote in the manner provided on the ballot | 4313 |
next to the name of each candidate for whom the voter desires to | 4314 |
vote. | 4315 |
In marking a primary election ballot, the voter shall record | 4316 |
the vote in the manner provided on the ballot next to the name of | 4317 |
each candidate for whom the voter desires to vote. If the voter | 4318 |
desires to vote for the nomination of a person whose name is not | 4319 |
printed on the primary election ballot, the voter may do so by | 4320 |
writing such person's name on the ballot in the proper place | 4321 |
provided for such purpose. | 4322 |
In marking a questions and issues ballot, the voter shall | 4323 |
record the vote in the manner provided on the ballot at the left | 4324 |
or at the right of "YES" or "NO" or other words of similar import | 4325 |
which are printed on the ballot to enable the voter to indicate | 4326 |
how the voter votes in connection with each question or issue upon | 4327 |
which the voter desires to vote. | 4328 |
In marking any ballot on which a blank space has been | 4329 |
provided wherein an elector may write in the name of a person for | 4330 |
whom the elector desires to vote, the elector shall write such | 4331 |
person's name in such blank space and on no other place on the | 4332 |
ballot. Unless specific provision is made by statute, no blank | 4333 |
space shall be provided on a ballot for write-in votes, and any | 4334 |
names written on a ballot other than in a blank space provided | 4335 |
therefor shall not be counted or recorded. | 4336 |
Sec. 3505.24. Any elector who declares to the | 4337 |
4338 | |
unable to mark the elector's ballot by reason of blindness, | 4339 |
disability, or illiteracy may be accompanied in the voting booth | 4340 |
and aided by any person of the elector's choice, other than the | 4341 |
elector's employer, an agent of the elector's employer, or an | 4342 |
officer or agent of the elector's union, if any. The elector also | 4343 |
may request and receive assistance in the marking of the elector's | 4344 |
ballot from two election officials of different political parties. | 4345 |
Any person providing assistance in the marking of an elector's | 4346 |
ballot under this section shall thereafter provide no information | 4347 |
in regard to the marking of that ballot. | 4348 |
Any | 4349 |
declaration of inability to be made by the elector under oath | 4350 |
before the | 4351 |
causes other than those specified in this section, and no | 4352 |
candidate whose name appears on the ballot shall assist any person | 4353 |
in marking that person's ballot. | 4354 |
Sec. 3505.26. At the time for closing the polls, the | 4355 |
4356 | |
announce that the polls are closed. | 4357 |
The | 4358 |
presence of observers proceed as follows: | 4359 |
(A) Count the number of electors who voted, as shown on the | 4360 |
pollbooks; | 4361 |
(B) Count the unused ballots without removing stubs; | 4362 |
(C) Count the soiled and defaced ballots; | 4363 |
(D) Insert the totals of (A), (B), and (C) on the report | 4364 |
forms provided therefor in the pollbook; | 4365 |
(E) Count the voted ballots. If the number of voted ballots | 4366 |
exceeds the number of voters whose names appear upon the | 4367 |
pollbooks, the | 4368 |
on the pollbooks an explanation of that discrepancy, and that | 4369 |
explanation, if agreed to, shall be subscribed to by all of the | 4370 |
4371 | |
having a different explanation shall enter it in the pollbooks and | 4372 |
subscribe to it. | 4373 |
(F) Put the unused ballots with stubs attached, and soiled | 4374 |
and defaced ballots with stubs attached, in the envelopes or | 4375 |
containers provided therefor, certify the number, and then proceed | 4376 |
to count and tally the votes in the manner prescribed by section | 4377 |
3505.27 of the Revised Code and certify the result of the election | 4378 |
to the board of elections. | 4379 |
Sec. 3505.28. (A)(1) No ballot shall be counted which is | 4380 |
marked contrary to law, except that no ballot shall be rejected | 4381 |
for any technical error unless it is impossible to determine the | 4382 |
voter's choice. | 4383 |
(2) A ballot is marked contrary to law and does not contain a | 4384 |
technical error if the voter marks more selections for a | 4385 |
particular office, question, or issue than the number of | 4386 |
selections that the voter is allowed by law to make for that | 4387 |
office, question, or issue. | 4388 |
(3) Except as otherwise provided in this division, a voter | 4389 |
makes more selections for a particular office than the voter is | 4390 |
allowed by law to make for that office if the voter marks the | 4391 |
ballot for a candidate and also writes in the name of that | 4392 |
candidate as a write-in vote. If all of the following apply, then | 4393 |
the ballot is not marked contrary to law and the ballot shall be | 4394 |
counted: | 4395 |
(a) The voter marks the ballot for a candidate and writes in | 4396 |
the identical candidate's name; | 4397 |
(b) The ballots are counted at a central location using | 4398 |
automatic tabulating equipment; and | 4399 |
(c) At least three members of the board of elections agree | 4400 |
that the candidate's name, as it appears on the ballot, and the | 4401 |
name of the candidate written in by the voter are identical. | 4402 |
(4) If the voter makes more selections for a particular | 4403 |
office, question, or issue than the number of selections that the | 4404 |
voter is allowed by law to make, the voter's ballot shall be | 4405 |
invalidated for that office, question, or issue, but shall not be | 4406 |
invalidated for any other office, question, or issue for which the | 4407 |
voter has not marked an excess number of selections. | 4408 |
(B) If two or more ballots are found folded together among | 4409 |
the ballots removed from a ballot box, they shall be deemed to be | 4410 |
fraudulent. Such ballots shall not be counted. They shall be | 4411 |
marked "Fraudulent" and shall be placed in an envelope indorsed | 4412 |
"Not Counted" with the reasons therefor, and such envelope shall | 4413 |
be delivered to the board of elections together with other | 4414 |
uncounted ballots. | 4415 |
(C) No ballot shall be rejected because of being marked with | 4416 |
ink or by any writing instrument other than one of the pencils | 4417 |
provided by the board of elections. | 4418 |
Sec. 3505.29. From the time the ballot box is opened and the | 4419 |
count of ballots begun until the ballots are counted and | 4420 |
certificates of votes cast are made out, signed, certified and | 4421 |
given to the | 4422 |
to the headquarters of the board of elections, the | 4423 |
election officials in each precinct shall not separate, nor shall | 4424 |
a | 4425 |
from unavoidable necessity. In cases of illness or unavoidable | 4426 |
necessity, the board may substitute another qualified person for | 4427 |
any precinct official so incapacitated. | 4428 |
Sec. 3505.30. When the results of the ballots have been | 4429 |
ascertained, such results shall be embodied in a summary statement | 4430 |
to be prepared by the | 4431 |
duplicate, on forms provided by the board of elections. One copy | 4432 |
shall be certified by the | 4433 |
posted on the front of the polling place, and one copy, similarly | 4434 |
certified, shall be transmitted without delay to the board in a | 4435 |
sealed envelope along with the other returns of the election. The | 4436 |
board shall, immediately upon receipt of such summary statements, | 4437 |
compile and prepare an unofficial count and upon its completion | 4438 |
shall transmit prepaid, immediately by telephone, facsimile | 4439 |
machine, or other telecommunications device, the results of such | 4440 |
unofficial count to the secretary of state, or to the board of the | 4441 |
most populous county of the district which is authorized to | 4442 |
canvass the returns. Such count, in no event, shall be made later | 4443 |
than twelve noon on the day following the election.
| 4444 |
4445 | |
4446 | |
session from the time of the opening of the polls, continuously, | 4447 |
until the results of the election are received from every precinct | 4448 |
in the county and such results are communicated to the secretary | 4449 |
of state. | 4450 |
Sec. 3505.31. When the results of the voting in a polling | 4451 |
place on the day of an election have been determined and entered | 4452 |
upon the proper forms and the certifications of those results have | 4453 |
been signed by the precinct officials, those officials, before | 4454 |
leaving the polling place, shall place all ballots that they have | 4455 |
counted in containers provided for that purpose by the board of | 4456 |
elections, and shall seal each container in a manner that it | 4457 |
cannot be opened without breaking the seal or the material of | 4458 |
which the container is made. They shall also seal the pollbook, | 4459 |
poll list or signature pollbook, and tally sheet in a manner that | 4460 |
the data contained in these items cannot be seen without breaking | 4461 |
the seals. On the outside of these items shall be a plain | 4462 |
indication that they are to be filed with the board. The
| 4463 |
4464 | |
board of elections who has taken an oath to uphold the laws and | 4465 |
constitution of this state, including an oath that the person will | 4466 |
promptly and securely perform the duties required under this | 4467 |
section and who is a member of a different political party than | 4468 |
the | 4469 |
the board the containers of ballots and the sealed pollbook, poll | 4470 |
list, and tally sheet, together with all other election reports, | 4471 |
materials, and supplies required to be delivered to the board. | 4472 |
The board shall carefully preserve all ballots prepared and | 4473 |
provided by it for use in an election, whether used or unused, for | 4474 |
sixty days after the day of the election, except that, if an | 4475 |
election includes the nomination or election of candidates for any | 4476 |
of the offices of president, vice-president, presidential elector, | 4477 |
member of the senate of the congress of the United States, or | 4478 |
member of the house of representatives of the congress of the | 4479 |
United States, the board shall carefully preserve all ballots | 4480 |
prepared and provided by it for use in that election, whether used | 4481 |
or unused, for twenty-two months after the day of the election. If | 4482 |
an election is held within that sixty-day period, the board shall | 4483 |
have authority to transfer those ballots to other containers to | 4484 |
preserve them until the sixty-day period has expired. After that | 4485 |
sixty-day period, the ballots shall be disposed of by the board in | 4486 |
a manner that the board orders, or where voting machines have been | 4487 |
used the counters may be turned back to zero; provided that the | 4488 |
secretary of state, within that sixty-day period, may order the | 4489 |
board to preserve the ballots or any part of the ballots for a | 4490 |
longer period of time, in which event the board shall preserve | 4491 |
those ballots for that longer period of time. | 4492 |
In counties where voting machines are used, if an election is | 4493 |
to be held within the sixty days immediately following a primary, | 4494 |
general, or special election or within any period of time within | 4495 |
which the ballots have been ordered preserved by the secretary of | 4496 |
state or a court of competent jurisdiction, the board, after | 4497 |
giving notice to all interested parties and affording them an | 4498 |
opportunity to have a representative present, shall open the | 4499 |
compartments of the machines and, without unlocking the machines, | 4500 |
shall recanvass the vote cast in them as if a recount were being | 4501 |
held. The results shall be certified by the board, and this | 4502 |
certification shall be filed in the board's office and retained | 4503 |
for the remainder of the period for which ballots must be kept. | 4504 |
After preparation of the certificate, the counters may be turned | 4505 |
back to zero, and the machines may be used for the election. | 4506 |
The board shall carefully preserve the pollbook, poll list or | 4507 |
signature pollbook, and tally sheet delivered to it from each | 4508 |
polling place until it has completed the official canvass of the | 4509 |
election returns from all precincts in which electors were | 4510 |
entitled to vote at an election, and has prepared and certified | 4511 |
the abstracts of election returns, as required by law. The board | 4512 |
shall not break, or permit anyone to break, the seals upon the | 4513 |
pollbook, poll list or signature pollbook, and tally sheet, or | 4514 |
make, or permit any one to make, any changes or notations in these | 4515 |
items, while they are in its custody, except as provided by | 4516 |
section 3505.32 of the Revised Code. | 4517 |
Pollbooks and poll lists or signature pollbooks of a party | 4518 |
primary election delivered to the board from polling places shall | 4519 |
be carefully preserved by it for two years after the day of | 4520 |
election in which they were used, and shall then be disposed of by | 4521 |
the board in a manner that the board orders. | 4522 |
Pollbooks, poll lists or signature pollbooks, tally sheets, | 4523 |
summary statements, and other records and returns of an election | 4524 |
delivered to it from polling places shall be carefully preserved | 4525 |
by the board for two years after the day of the election in which | 4526 |
they were used, and shall then be disposed of by the board in a | 4527 |
manner that the board orders. | 4528 |
Sec. 3506.021. (A) A board of elections may adopt the use of | 4529 |
any electronic pollbook that has been certified for use in this | 4530 |
state in accordance with section 3506.05 of the Revised Code, | 4531 |
instead of using poll lists or signature pollbooks. A board of | 4532 |
elections that opts to use electronic pollbooks shall notify the | 4533 |
secretary of state of that decision. | 4534 |
(B) The secretary of state shall provide each board of | 4535 |
elections that adopts the use of electronic pollbooks under | 4536 |
division (A) of this section with rules, instructions, directives, | 4537 |
and advisories regarding the examination, testing, and use of | 4538 |
electronic pollbooks, including rules regarding the sealing of the | 4539 |
information in those pollbooks as required under section 3505.31 | 4540 |
of the Revised Code. | 4541 |
(C) As used in this section, "electronic pollbook" has the | 4542 |
same meaning as in section 3506.05 of the Revised Code. | 4543 |
Sec. 3506.05. (A) As used in this section | 4544 |
(1) "Electronic pollbook" means an electronic list of | 4545 |
registered voters for a particular precinct or polling location | 4546 |
that may be transported to a polling location; | 4547 |
(2) Except when used as part of the phrase "tabulating | 4548 |
equipment" or "automatic tabulating equipment," | 4549 |
| 4550 |
device, automatic tabulating equipment, | 4551 |
electronic pollbook. | 4552 |
| 4553 |
distributes, or has the legal right to control the use of | 4554 |
equipment, or the person's agent. | 4555 |
(B) No voting machine, marking device, automatic tabulating | 4556 |
equipment, or software for the purpose of casting or tabulating | 4557 |
votes or for communications among systems involved in the | 4558 |
tabulation, storage, or casting of votes, and no electronic | 4559 |
pollbook, shall be purchased, leased, put in use, or continued to | 4560 |
be used, except for experimental use as provided in division (B) | 4561 |
of section 3506.04 of the Revised Code, unless it, a manual of | 4562 |
procedures governing its use, and training materials, service, and | 4563 |
other support arrangements have been certified by the secretary of | 4564 |
state and unless the board of elections of each county where the | 4565 |
equipment will be used has assured that a demonstration of the use | 4566 |
of the equipment has been made available to all interested | 4567 |
electors. The secretary of state shall appoint a board of voting | 4568 |
machine examiners to examine and approve equipment and its related | 4569 |
manuals and support arrangements. The board shall consist of four | 4570 |
members, who shall be appointed as follows: | 4571 |
(1) Two members appointed by the secretary of state. | 4572 |
(2) One member appointed by either the speaker of the house | 4573 |
of representatives or the minority leader of the house of | 4574 |
representatives, whichever is a member of the opposite political | 4575 |
party from the one to which the secretary of state belongs. | 4576 |
(3) One member appointed by either the president of the | 4577 |
senate or the minority leader of the senate, whichever is a member | 4578 |
of the opposite political party from the one to which the | 4579 |
secretary of state belongs. | 4580 |
In all cases of a tie vote or a disagreement in the board, if | 4581 |
no decision can be arrived at, the board shall submit the matter | 4582 |
in controversy to the secretary of state, who shall summarily | 4583 |
decide the question, and the secretary of state's decision shall | 4584 |
be final. Each member of the board shall be a competent and | 4585 |
experienced election officer or a person who is knowledgeable | 4586 |
about the operation of voting equipment and shall serve during the | 4587 |
secretary of state's term. Any vacancy on the board shall be | 4588 |
filled in the same manner as the original appointment. The | 4589 |
secretary of state shall provide staffing assistance to the board, | 4590 |
at the board's request. | 4591 |
For the member's service, each member of the board shall | 4592 |
receive three hundred dollars per day for each combination of | 4593 |
marking device, tabulating equipment, | 4594 |
electronic pollbook examined and reported, but in no event shall a | 4595 |
member receive more than six hundred dollars to examine and report | 4596 |
on any one marking device, item of tabulating equipment, | 4597 |
machine, or electronic pollbook. Each member of the board shall be | 4598 |
reimbursed for expenses the member incurs during an examination or | 4599 |
during the performance of any related duties that may be required | 4600 |
by the secretary of state. Reimbursement of these expenses shall | 4601 |
be made in accordance with, and shall not exceed, the rates | 4602 |
provided for under section 126.31 of the Revised Code. | 4603 |
Neither the secretary of state nor the board, nor any public | 4604 |
officer who participates in the authorization, examination, | 4605 |
testing, or purchase of equipment, shall have any pecuniary | 4606 |
interest in the equipment or any affiliation with the vendor. | 4607 |
(C)(1) A vendor who desires to have the secretary of state | 4608 |
certify equipment shall first submit the equipment, all current | 4609 |
related procedural manuals, and a current description of all | 4610 |
related support arrangements to the board of voting machine | 4611 |
examiners for examination, testing, and approval. The submission | 4612 |
shall be accompanied by a fee of eighteen hundred dollars and a | 4613 |
detailed explanation of the construction and method of operation | 4614 |
of the equipment, a full statement of its advantages, and a list | 4615 |
of the patents and copyrights used in operations essential to the | 4616 |
processes of vote recording and tabulating, vote storage, system | 4617 |
security, pollbook storage and security, and other crucial | 4618 |
operations of the equipment as may be determined by the board. An | 4619 |
additional fee, in an amount to be set by rules promulgated by the | 4620 |
board, may be imposed to pay for the costs of alternative testing | 4621 |
or testing by persons other than board members, record-keeping, | 4622 |
and other extraordinary costs incurred in the examination process. | 4623 |
Moneys not used shall be returned to the person or entity | 4624 |
submitting the equipment for examination. | 4625 |
(2) Fees collected by the secretary of state under this | 4626 |
section shall be deposited into the state treasury to the credit | 4627 |
of the board of voting machine examiners fund, which is hereby | 4628 |
created. All moneys credited to this fund shall be used solely for | 4629 |
the purpose of paying for the services and expenses of each member | 4630 |
of the board or for other expenses incurred relating to the | 4631 |
examination, testing, reporting, or certification of | 4632 |
4633 | |
as required by the secretary of state, or the reimbursement of any | 4634 |
person submitting an examination fee as provided in this chapter. | 4635 |
(D) Within sixty days after the submission of the equipment | 4636 |
and payment of the fee, or as soon thereafter as is reasonably | 4637 |
practicable, but in any event within not more than ninety days | 4638 |
after the submission and payment, the board of voting machine | 4639 |
examiners shall examine the equipment and file with the secretary | 4640 |
of state a written report on the equipment with its | 4641 |
recommendations and, if applicable, its determination or condition | 4642 |
of approval regarding whether the equipment, manual, and other | 4643 |
related materials or arrangements meet the criteria set forth in | 4644 |
sections 3506.07 and 3506.10 of the Revised Code and can be safely | 4645 |
used by the voters at elections under the conditions prescribed in | 4646 |
Title XXXV of the Revised Code, or a written statement of reasons | 4647 |
for which testing requires a longer period. The board may grant | 4648 |
temporary approval for the purpose of allowing experimental use of | 4649 |
equipment. If the board finds that the equipment meets | 4650 |
applicable criteria set forth in sections 3506.06, 3506.07, and | 4651 |
3506.10 of the Revised Code, can be used safely and, if | 4652 |
applicable, can be depended upon to record and count accurately | 4653 |
and continuously the votes of electors, and has the capacity to be | 4654 |
warranted, maintained, and serviced, it shall approve the | 4655 |
equipment and recommend that the secretary of state certify the | 4656 |
equipment. The secretary of state shall notify all boards of | 4657 |
elections of any such certification. Equipment of the same model | 4658 |
and make, if it | 4659 |
4660 | |
4661 | |
adopted for use at elections. | 4662 |
(E) The vendor shall notify the secretary of state, who shall | 4663 |
then notify the board of voting machine examiners, of any | 4664 |
enhancement and any significant adjustment to the hardware or | 4665 |
software that could result in a patent or copyright change or that | 4666 |
significantly alters the methods of recording voter intent, system | 4667 |
security, voter privacy, retention of the vote, communication of | 4668 |
4669 | |
systems. The vendor shall provide the secretary of state with an | 4670 |
updated operations manual for the equipment, and the secretary of | 4671 |
state shall forward the manual to the board. Upon receiving such a | 4672 |
notification and manual, the board may require the vendor to | 4673 |
submit the equipment to an examination and test in order for the | 4674 |
equipment to remain certified. The board or the secretary of state | 4675 |
shall periodically examine, test, and inspect certified equipment | 4676 |
to determine continued compliance with the requirements of this | 4677 |
chapter and the initial certification. Any examination, test, or | 4678 |
inspection conducted for the purpose of continuing certification | 4679 |
of any equipment in which a significant problem has been uncovered | 4680 |
or in which a record of continuing problems exists shall be | 4681 |
performed pursuant to divisions (C) and (D) of this section, in | 4682 |
the same manner as the examination, test, or inspection is | 4683 |
performed for initial approval and certification. | 4684 |
(F) If, at any time after the certification of equipment, the | 4685 |
board of voting machine examiners or the secretary of state is | 4686 |
notified by a board of elections of any significant problem with | 4687 |
the equipment or determines that the equipment fails to meet the | 4688 |
requirements necessary for approval or continued compliance with | 4689 |
the requirements of this chapter, or if the board of voting | 4690 |
machine examiners determines that there are significant | 4691 |
enhancements or adjustments to the hardware or software, or if | 4692 |
notice of such enhancements or adjustments has not been given as | 4693 |
required by division (E) of this section, the secretary of state | 4694 |
shall notify the users and vendors of that equipment that | 4695 |
certification of the equipment may be withdrawn. | 4696 |
(G)(1) The notice given by the secretary of state under | 4697 |
division (F) of this section shall be in writing and shall specify | 4698 |
both of the following: | 4699 |
(a) The reasons why the certification may be withdrawn; | 4700 |
(b) The date on which certification will be withdrawn unless | 4701 |
the vendor takes satisfactory corrective measures or explains why | 4702 |
there are no problems with the equipment or why the enhancements | 4703 |
or adjustments to the equipment are not significant. | 4704 |
(2) A vendor who receives a notice under division (F) of this | 4705 |
section shall, within thirty days after receiving it, submit to | 4706 |
the board of voting machine examiners in writing a description of | 4707 |
the corrective measures taken and the date on which they were | 4708 |
taken, or the explanation required under division (G)(1)(b) of | 4709 |
this section. | 4710 |
(3) Not later than fifteen days after receiving a written | 4711 |
description or explanation under division (G)(2) of this section | 4712 |
from a vendor, the board shall determine whether the corrective | 4713 |
measures taken or the explanation is satisfactory to allow | 4714 |
continued certification of the equipment, and the secretary of | 4715 |
state shall send the vendor a written notice of the board's | 4716 |
determination, specifying the reasons for it. If the board has | 4717 |
determined that the measures taken or the explanation given is | 4718 |
unsatisfactory, the notice shall include the effective date of | 4719 |
withdrawal of the certification. This date may be different from | 4720 |
the date originally specified in division (G)(1)(b) of this | 4721 |
section. | 4722 |
(4) A vendor who receives a notice under division (G)(3) of | 4723 |
this section indicating a decision to withdraw certification may, | 4724 |
within thirty days after receiving it, request in writing that the | 4725 |
board hold a hearing to reconsider its decision. Any interested | 4726 |
party shall be given the opportunity to submit testimony or | 4727 |
documentation in support of or in opposition to the board's | 4728 |
recommendation to withdraw certification. Failure of the vendor to | 4729 |
take appropriate steps as described in division (G)(1)(b) or to | 4730 |
comply with division (G)(2) of this section results in a waiver of | 4731 |
the vendor's rights under division (G)(4) of this section. | 4732 |
(H)(1) The secretary of state, in consultation with the board | 4733 |
of voting machine examiners, shall establish, by rule, guidelines | 4734 |
for the approval, certification, and continued certification of | 4735 |
the voting machines, marking devices, | 4736 |
and electronic pollbooks to be used under Title XXXV of the | 4737 |
Revised Code. The guidelines shall establish procedures requiring | 4738 |
vendors or computer software developers to place in escrow with an | 4739 |
independent escrow agent approved by the secretary of state a copy | 4740 |
of all source code and related documentation, together with | 4741 |
periodic updates as they become known or available. The secretary | 4742 |
of state shall require that the documentation include a system | 4743 |
configuration and that the source code include all relevant | 4744 |
program statements in low- or high-level languages. As used in | 4745 |
this division, "source code" does not include variable codes | 4746 |
created for specific elections. | 4747 |
(2) Nothing in any rule adopted under division (H) of this | 4748 |
section shall be construed to limit the ability of the secretary | 4749 |
of state to follow or adopt, or to preclude the secretary of state | 4750 |
from following or adopting, any guidelines proposed by the federal | 4751 |
election commission, any entity authorized by the federal election | 4752 |
commission to propose guidelines, the election assistance | 4753 |
commission, or any entity authorized by the election assistance | 4754 |
commission to propose guidelines. | 4755 |
(3)(a) Before the initial certification of any direct | 4756 |
recording electronic voting machine with a voter verified paper | 4757 |
audit trail, and as a condition for the continued certification | 4758 |
and use of those machines, the secretary of state shall establish, | 4759 |
by rule, standards for the certification of those machines. Those | 4760 |
standards shall include, but are not limited to, all of the | 4761 |
following: | 4762 |
(i) A definition of a voter verified paper audit trail as a | 4763 |
paper record of the voter's choices that is verified by the voter | 4764 |
prior to the casting of the voter's ballot and that is securely | 4765 |
retained by the board of elections; | 4766 |
(ii) Requirements that the voter verified paper audit trail | 4767 |
shall not be retained by any voter and shall not contain | 4768 |
individual voter information; | 4769 |
(iii) A prohibition against the production by any direct | 4770 |
recording electronic voting machine of anything that legally could | 4771 |
be removed by the voter from the polling place, such as a receipt | 4772 |
or voter confirmation; | 4773 |
(iv) A requirement that paper used in producing a voter | 4774 |
verified paper audit trail be sturdy, clean, and resistant to | 4775 |
degradation; | 4776 |
(v) A requirement that the voter verified paper audit trail | 4777 |
shall be capable of being optically scanned for the purpose of | 4778 |
conducting a recount or other audit of the voting machine and | 4779 |
shall be readable in a manner that makes the voter's ballot | 4780 |
choices obvious to the voter without the use of computer or | 4781 |
electronic codes; | 4782 |
(vi) A requirement, for office-type ballots, that the voter | 4783 |
verified paper audit trail include the name of each candidate | 4784 |
selected by the voter; | 4785 |
(vii) A requirement, for questions and issues ballots, that | 4786 |
the voter verified paper audit trail include the title of the | 4787 |
question or issue, the name of the entity that placed the question | 4788 |
or issue on the ballot, and the voter's ballot selection on that | 4789 |
question or issue, but not the entire text of the question or | 4790 |
issue. | 4791 |
(b) The secretary of state, by rule adopted under Chapter | 4792 |
119. of the Revised Code, may waive the requirement under division | 4793 |
(H)(3)(a)(v) of this section, if the secretary of state determines | 4794 |
that the requirement is cost prohibitive. | 4795 |
(4)(a) Except as otherwise provided in division (H)(4)(c) of | 4796 |
this section, any voting machine, marking device, or automatic | 4797 |
tabulating equipment initially certified or acquired on or after | 4798 |
December 1, 2008, shall have the most recent federal certification | 4799 |
number issued by the election assistance commission. | 4800 |
(b) Any voting machine, marking device, or automatic | 4801 |
tabulating equipment certified for use in this state on | 4802 |
4803 | |
as a condition of continued certification and use, the voting | 4804 |
system standards adopted by the federal election commission in | 4805 |
2002. | 4806 |
(c) A county that acquires additional voting machines, | 4807 |
marking devices, or automatic tabulating equipment on or after | 4808 |
December 1, 2008, shall not be considered to have acquired those | 4809 |
machines, devices, or equipment on or after December 1, 2008, for | 4810 |
the purpose of division (H)(4)(a) of this section if all of the | 4811 |
following apply: | 4812 |
(i) The voting machines, marking devices, or automatic | 4813 |
tabulating equipment acquired are the same as the machines, | 4814 |
devices, or equipment currently used in that county. | 4815 |
(ii) The acquisition of the voting machines, marking devices, | 4816 |
or automatic tabulating equipment does not replace or change the | 4817 |
primary voting system used in that county. | 4818 |
(iii) The acquisition of the voting machines, marking | 4819 |
devices, or automatic tabulating equipment is for the purpose of | 4820 |
replacing inoperable machines, devices, or equipment or for the | 4821 |
purpose providing additional machines, devices, or equipment | 4822 |
required to meet the allocation requirements established pursuant | 4823 |
to division (I) of section 3501.11 of the Revised Code. | 4824 |
Sec. 3506.12. In counties where marking devices, automatic | 4825 |
tabulating equipment, voting machines, or any combination of these | 4826 |
are in use or are to be used, the board of elections: | 4827 |
(A) May combine, rearrange, and enlarge precincts; but the | 4828 |
board shall arrange for a sufficient number of these devices to | 4829 |
accommodate the number of electors in each precinct as determined | 4830 |
by the number of votes cast in that precinct at the most recent | 4831 |
election for the office of governor, taking into consideration the | 4832 |
size and location of each selected polling place, available | 4833 |
parking, handicap accessibility and other accessibility to the | 4834 |
polling place, and the number of candidates and issues to be voted | 4835 |
on. Notwithstanding section 3501.22 of the Revised Code, the board | 4836 |
may appoint more than four precinct officers to each precinct if | 4837 |
this is made necessary by the number of voting machines to be used | 4838 |
in that precinct. | 4839 |
(B) Except as otherwise provided in this division, shall | 4840 |
establish one or more counting stations to receive voted ballots | 4841 |
and other precinct election supplies after the polling precincts | 4842 |
are closed. Those stations shall be under the supervision and | 4843 |
direction of the board of elections. Processing and counting of | 4844 |
voted ballots, and the preparation of summary sheets, shall be | 4845 |
done in the presence of observers approved by the board. A | 4846 |
certified copy of the summary sheet for the precinct shall be | 4847 |
posted at each counting station immediately after completion of | 4848 |
the summary sheet. | 4849 |
| 4850 |
4851 | |
4852 | |
4853 |
| 4854 |
4855 |
Sec. 3506.15. The secretary of state shall provide each | 4856 |
board of elections with rules, instructions, directives, and | 4857 |
advisories regarding the examination, testing, and use of the | 4858 |
voting machine and tabulating equipment, the assignment of duties | 4859 |
of booth officials, the procedure for casting a vote on the | 4860 |
machine, and how the vote shall be tallied and reported to the | 4861 |
board, and with other rules, instructions, directives, and | 4862 |
advisories the secretary of state finds necessary to ensure the | 4863 |
adequate care and custody of voting equipment, and the accurate | 4864 |
registering, counting, and canvassing of the votes as required by | 4865 |
this chapter. The boards of elections shall be charged with the | 4866 |
responsibility of providing for the adequate instruction of voters | 4867 |
and election officials in the proper use of the voting machine and | 4868 |
marking devices.
| 4869 |
4870 | |
4871 | |
4872 | |
4873 |
The secretary of state's rules, instructions, directives, and | 4874 |
advisories provided under this section shall comply, insofar as | 4875 |
practicable, with this chapter. The provisions of Title XXXV of | 4876 |
the Revised Code, not inconsistent with the provisions relating to | 4877 |
voting machines, apply in any county using a voting machine. | 4878 |
| 4879 |
4880 |
Sec. 3509.01. (A) The board of elections of each county shall | 4881 |
provide absent voter's ballots for use at every primary and | 4882 |
general election, or special election to be held on the day | 4883 |
specified by division (E) of section 3501.01 of the Revised Code | 4884 |
for the holding of a primary election, designated by the general | 4885 |
assembly for the purpose of submitting constitutional amendments | 4886 |
proposed by the general assembly to the voters of the state. Those | 4887 |
ballots shall be the same size, shall be printed on the same kind | 4888 |
of paper, and shall be in the same form as has been approved for | 4889 |
use at the election for which those ballots are to be voted; | 4890 |
except that, in counties using marking devices, ballot cards may | 4891 |
be used for absent voter's ballots, and those absent voters shall | 4892 |
be instructed to record the vote in the manner provided on the | 4893 |
ballot cards. | 4894 |
4895 | |
4896 | |
4897 |
(B) The rotation of names of candidates and questions and | 4898 |
issues shall be substantially complied with on absent voter's | 4899 |
ballots, within the limitation of time allotted. Those ballots | 4900 |
shall be designated as "Absent Voter's Ballots." Except as | 4901 |
otherwise provided in division (D) of this section, those ballots | 4902 |
shall be printed and ready for use as follows: | 4903 |
(1) For overseas voters and absent uniformed services voters | 4904 |
eligible to vote under the Uniformed and Overseas Citizens | 4905 |
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. | 4906 |
1973ff, et seq., as amended, ballots shall be printed and ready | 4907 |
for use on the forty-fifth day before the day of the election. | 4908 |
(2) For all | 4909 |
absent uniformed services voters, who are applying to vote absent | 4910 |
voter's ballots other than in person, ballots shall be printed and | 4911 |
ready for use on the
| 4912 |
of the election. | 4913 |
(3) For all voters who are applying to vote absent voter's | 4914 |
ballots in person, ballots shall be printed and ready for use | 4915 |
beginning on the sixteenth day before the day of the election and | 4916 |
shall continue to be available for use through six p.m. on the | 4917 |
last Friday before the day of the election, except that ballots | 4918 |
shall not be available for use on Sunday. On the days in which | 4919 |
absent voter's ballots are available for use in person, those | 4920 |
ballots shall be available from eight a.m. through six p.m. Monday | 4921 |
through Friday, and from eight a.m. through twelve p.m. on | 4922 |
Saturday. | 4923 |
(C) Absent voter's ballots provided for use at a general or | 4924 |
primary election, or special election to be held on the day | 4925 |
specified by division (E) of section 3501.01 of the Revised Code | 4926 |
for the holding of a primary election, designated by the general | 4927 |
assembly for the purpose of submitting constitutional amendments | 4928 |
proposed by the general assembly to the voters of the state, shall | 4929 |
include only those questions, issues, and candidacies that have | 4930 |
been lawfully ordered submitted to the electors voting at that | 4931 |
election. | 4932 |
(D) If the laws governing the holding of a special election | 4933 |
on a day other than the day on which a primary or general election | 4934 |
is held make it impossible for absent voter's ballots to be | 4935 |
printed and ready for use by the deadlines established in division | 4936 |
(B) of this section, absent voter's ballots for those special | 4937 |
elections shall be ready for use as many days before the day of | 4938 |
the election as reasonably possible under the laws governing the | 4939 |
holding of that special election. | 4940 |
(E) A copy of the absent voter's ballots shall be forwarded | 4941 |
by the director of the board in each county to the secretary of | 4942 |
state at least twenty-five days before the election. | 4943 |
| 4944 |
4945 |
Sec. 3509.03. Except as provided in section 3509.031 or | 4946 |
division (B) of section 3509.08 of the Revised Code, any qualified | 4947 |
elector desiring to vote absent voter's ballots at an election | 4948 |
shall make written application for those ballots to the | 4949 |
board of elections of the county in which the elector's voting | 4950 |
residence is located. The application need not be in any | 4951 |
particular form but shall contain all of the following: | 4952 |
(A) The elector's name; | 4953 |
(B) The elector's signature; | 4954 |
(C) The address at which the elector is registered to vote; | 4955 |
(D) The elector's date of birth; | 4956 |
(E) One of the following: | 4957 |
(1) The elector's driver's license number; | 4958 |
(2) The | 4959 |
number; | 4960 |
(3) A copy of the elector's current and valid photo | 4961 |
identification, a copy of a military identification, a copy of a | 4962 |
United States passport, or a copy of a current utility bill, bank | 4963 |
statement, government check, paycheck, or other government | 4964 |
document, other than | 4965 |
4966 | |
voter registration mailed by a board of elections under section | 4967 |
3503.19 of the Revised Code, that shows the name and address of | 4968 |
the elector. | 4969 |
(F) A statement identifying the election for which absent | 4970 |
voter's ballots are requested; | 4971 |
(G) A statement that the person requesting the ballots is a | 4972 |
qualified elector; | 4973 |
(H) If the request is for primary election ballots, the | 4974 |
elector's party affiliation; | 4975 |
(I) If the elector desires ballots to be mailed to the | 4976 |
elector, the address to which those ballots shall be mailed. | 4977 |
Each application for absent voter's ballots shall be | 4978 |
delivered to the | 4979 |
January of the year of the elections for which the absent voter's | 4980 |
ballots are requested or not earlier than ninety days before the | 4981 |
day of the election at which the ballots are to be voted, | 4982 |
whichever is earlier, and not later than twelve noon of the third | 4983 |
day before the day of the election at which the ballots are to be | 4984 |
voted, or not later than the close of regular business hours on | 4985 |
the day before the day of the election at which the ballots are to | 4986 |
be voted if the application is delivered in person to the office | 4987 |
of the board. | 4988 |
A board of elections shall not mail any unsolicited | 4989 |
applications for absent voter's ballots. A board shall only mail | 4990 |
an absent voter's ballot application to an elector who has | 4991 |
requested such an application from the board. A board of elections | 4992 |
that mails an absent voter's ballot application to an elector | 4993 |
under this section shall not prepay the return postage for that | 4994 |
application. | 4995 |
Sec. 3509.031. (A) Any qualified elector who is a member of | 4996 |
the organized militia called to active duty within the state and | 4997 |
who will be unable to vote on election day on account of that | 4998 |
active duty may make written application for absent voter's | 4999 |
ballots to the | 5000 |
the elector's voting residence is located. The elector may | 5001 |
personally deliver the application to the | 5002 |
board or may mail it, send it by facsimile machine, or otherwise | 5003 |
send it to the | 5004 |
particular form but shall contain all of the following: | 5005 |
(1) The elector's name; | 5006 |
(2) The elector's signature; | 5007 |
(3) The address at which the elector is registered to vote; | 5008 |
(4) The elector's date of birth; | 5009 |
(5) One of the following: | 5010 |
(a) The elector's driver's license number; | 5011 |
(b) The | 5012 |
number; | 5013 |
(c) A copy of the elector's current and valid photo | 5014 |
identification, a copy of a military identification, a copy of a | 5015 |
United States passport, or a copy of a current utility bill, bank | 5016 |
statement, government check, paycheck, or other government | 5017 |
document, other than | 5018 |
5019 | |
voter registration mailed by a board of elections under section | 5020 |
3503.19 of the Revised Code, that shows the name and address of | 5021 |
the elector. | 5022 |
(6) A statement identifying the election for which absent | 5023 |
voter's ballots are requested; | 5024 |
(7) A statement that the person requesting the ballots is a | 5025 |
qualified elector; | 5026 |
(8) A statement that the elector is a member of the organized | 5027 |
militia serving on active duty within the state; | 5028 |
(9) If the request is for primary election ballots, the | 5029 |
elector's party affiliation; | 5030 |
(10) If the elector desires ballots to be mailed to the | 5031 |
elector, the address to which those ballots shall be mailed; | 5032 |
(11) If the elector desires ballots to be sent to the elector | 5033 |
by facsimile machine, the telephone number to which they shall be | 5034 |
so sent. | 5035 |
(B) Application to have absent voter's ballots mailed or sent | 5036 |
by facsimile machine to a qualified elector who is a member of the | 5037 |
organized militia called to active duty within the state and who | 5038 |
will be unable to vote on election day on account of that active | 5039 |
duty may be made by the spouse of the militia member or the | 5040 |
father, mother, father-in-law, mother-in-law, grandfather, | 5041 |
grandmother, brother or sister of the whole blood or half blood, | 5042 |
son, daughter, adopting parent, adopted child, stepparent, | 5043 |
stepchild, uncle, aunt, nephew, or niece of the militia member. | 5044 |
The application shall be in writing upon a blank form furnished | 5045 |
only by the | 5046 |
application shall be prescribed by the secretary of state. The | 5047 |
5048 | |
relatives specified in this division desiring to make the | 5049 |
application, only upon the request of such a relative in person at | 5050 |
the office of the board or upon the written request of such a | 5051 |
relative mailed to the office of the board. The application, | 5052 |
subscribed and sworn to by the applicant, shall contain all of the | 5053 |
following: | 5054 |
(1) The full name of the elector for whom ballots are | 5055 |
requested; | 5056 |
(2) A statement that such person is a qualified elector in | 5057 |
the county; | 5058 |
(3) The address at which the elector is registered to vote; | 5059 |
(4) The elector's date of birth; | 5060 |
(5) One of the following: | 5061 |
(a) The elector's driver's license number; | 5062 |
(b) The | 5063 |
number; | 5064 |
(c) A copy of the elector's current and valid photo | 5065 |
identification, a copy of a military identification, a copy of a | 5066 |
United States passport, or a copy of a current utility bill, bank | 5067 |
statement, government check, paycheck, or other government | 5068 |
document, other than | 5069 |
5070 | |
voter registration mailed by a board of elections under section | 5071 |
3503.19 of the Revised Code, that shows the name and address of | 5072 |
the elector. | 5073 |
(6) A statement identifying the election for which absent | 5074 |
voter's ballots are requested; | 5075 |
(7) A statement that the elector is a member of the organized | 5076 |
militia serving on active duty within the state; | 5077 |
(8) If the request is for primary election ballots, the | 5078 |
elector's party affiliation; | 5079 |
(9) A statement that the applicant bears a relationship to | 5080 |
the elector as specified in division (B) of this section; | 5081 |
(10) The address to which ballots shall be mailed or | 5082 |
telephone number to which ballots shall be sent by facsimile | 5083 |
machine; | 5084 |
(11) The signature and address of the person making the | 5085 |
application. | 5086 |
(C) Applications to have absent voter's ballots mailed or | 5087 |
sent by facsimile machine shall not be valid if dated, postmarked, | 5088 |
or received by the | 5089 |
before the day of the election for which ballots are requested or | 5090 |
if delivered to the | 5091 |
third day preceding the day of such election. If, after the | 5092 |
ninetieth day and before four p.m. of the day before the day of an | 5093 |
election, a valid application for absent voter's ballots is | 5094 |
delivered to the
| 5095 |
by a militia member making application in the militia member's own | 5096 |
behalf, the
| 5097 |
member all absent voter's ballots then ready for use, together | 5098 |
with an identification envelope. The militia member shall then | 5099 |
vote the absent voter's ballots in the manner provided in section | 5100 |
3509.05 of the Revised Code. | 5101 |
(D) A board of elections shall not mail any unsolicited | 5102 |
applications for absent voter's ballots. A board shall only mail | 5103 |
an absent voter's ballot application to an elector who has | 5104 |
requested such an application from the board. A board of elections | 5105 |
that mails an absent voter's ballot application to an elector | 5106 |
under this section shall not prepay the return postage for that | 5107 |
application. | 5108 |
Sec. 3509.04. (A) If | 5109 |
receives an application for absent voter's ballots that does not | 5110 |
contain all of the required information, the | 5111 |
promptly shall notify the applicant of the additional information | 5112 |
required to be provided by the applicant to complete that | 5113 |
application. | 5114 |
(B) Upon receipt by | 5115 |
application for absent voter's ballots that contains all of the | 5116 |
required information, as provided by sections 3509.03 and 3509.031 | 5117 |
and division (G) of section 3503.16 of the Revised Code, the | 5118 |
5119 | |
a qualified elector, shall deliver to the applicant in person or | 5120 |
mail directly to the applicant by special delivery mail, air mail, | 5121 |
or regular mail, postage prepaid, proper absent voter's ballots. | 5122 |
The | 5123 |
unsealed identification envelope upon the face of which shall be | 5124 |
printed a form substantially as follows: | 5125 |
5126 | |
I, ........................(Name of voter), declare under | 5127 |
penalty of election falsification that the within ballot or | 5128 |
ballots contained no voting marks of any kind when I received | 5129 |
them, and I caused the ballot or ballots to be marked, enclosed in | 5130 |
the identification envelope, and sealed in that envelope. | 5131 |
My voting residence in Ohio is | 5132 |
................................................................... | 5133 |
5134 | |
of ................................ (City, Village, or Township) | 5135 |
Ohio, which is in Ward ............... Precinct ................ | 5136 |
in that city, village, or township. | 5137 |
The primary election ballots, if any, within this envelope | 5138 |
are primary election ballots of the ............. Party. | 5139 |
Ballots contained within this envelope are to be voted at the | 5140 |
.......... (general, special, or primary) election to be held on | 5141 |
the .......................... day of ......................, .... | 5142 |
My date of birth is ............... (Month and Day), | 5143 |
.......... (Year). | 5144 |
(Voter must provide one of the following:) | 5145 |
My driver's license number is ............... (Driver's | 5146 |
license number). | 5147 |
| 5148 |
............... ( | 5149 |
...... In lieu of providing a driver's license number or | 5150 |
5151 | |
copy of one of the following in the return envelope in which this | 5152 |
identification envelope will be mailed: a current and valid photo | 5153 |
identification, a military identification, a United States | 5154 |
passport, or a current utility bill, bank statement, government | 5155 |
check, paycheck, or other government document, other than | 5156 |
5157 | |
5158 | |
mailed by a board of elections, that shows my name and address. | 5159 |
I hereby declare, under penalty of election falsification, | 5160 |
that the statements above are true, as I verily believe. | 5161 |
5162 | |||
(Signature of Voter) | 5163 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF | 5164 |
THE FIFTH DEGREE." | 5165 |
The | 5166 |
and the unsealed identification envelope an unsealed return | 5167 |
envelope upon the face of which shall be printed the official | 5168 |
title and post-office address of the | 5169 |
left corner on the face of the return envelope, several blank | 5170 |
lines shall be printed upon which the voter may write the voter's | 5171 |
name and return address. The return envelope shall be of such size | 5172 |
that the identification envelope can be conveniently placed within | 5173 |
it for returning the identification envelope to the | 5174 |
board. | 5175 |
Sec. 3509.05. (A) When an elector receives an absent voter's | 5176 |
ballot pursuant to the elector's application or request, the | 5177 |
elector shall, before placing any marks on the ballot, note | 5178 |
whether there are any voting marks on it. If there are any voting | 5179 |
marks, the ballot shall be returned immediately to the board of | 5180 |
elections; otherwise, the elector shall cause the ballot to be | 5181 |
marked, folded in a manner that the stub on it and the | 5182 |
indorsements and facsimile signatures of the members of the board | 5183 |
of elections on | 5184 |
within the identification envelope received from the | 5185 |
board of elections for that purpose. Then, the elector shall cause | 5186 |
the statement of voter on the outside of the identification | 5187 |
envelope to be completed and signed, under penalty of election | 5188 |
falsification. | 5189 |
If the elector does not provide the elector's driver's | 5190 |
license number or | 5191 |
security number on the statement of voter on the identification | 5192 |
envelope, the elector also shall include in the return envelope | 5193 |
with the identification envelope a copy of the elector's current | 5194 |
valid photo identification, a copy of a military identification, a | 5195 |
copy of a United States passport, or a copy of a current utility | 5196 |
bill, bank statement, government check, paycheck, or other | 5197 |
government document, other than | 5198 |
5199 | |
a notice of voter registration mailed by a board of elections | 5200 |
under section 3503.19 of the Revised Code, that shows the name and | 5201 |
address of the elector. | 5202 |
The elector shall mail the identification envelope to the | 5203 |
5204 | |
return envelope, postage prepaid, or the elector may personally | 5205 |
deliver it to the | 5206 |
the elector, the father, mother, father-in-law, mother-in-law, | 5207 |
grandfather, grandmother, brother, or sister of the whole or half | 5208 |
blood, or the son, daughter, adopting parent, adopted child, | 5209 |
stepparent, stepchild, uncle, aunt, nephew, or niece of the | 5210 |
elector may deliver it to the | 5211 |
shall be transmitted to the | 5212 |
except as provided in section 3509.08 of the Revised Code. | 5213 |
When absent voter's ballots are delivered to an elector at | 5214 |
the office of the board, the elector may retire to a voting | 5215 |
compartment provided by the board and there mark the ballots. | 5216 |
Thereupon, the elector shall fold them, place them in the | 5217 |
identification envelope provided, seal the envelope, fill in and | 5218 |
sign the statement on the envelope under penalty of election | 5219 |
falsification, and deliver the envelope to the | 5220 |
board. | 5221 |
Except as otherwise provided in division (B) of this section, | 5222 |
all other envelopes containing marked absent voter's ballots shall | 5223 |
be delivered to the | 5224 |
polls on the day of an election. Absent voter's ballots delivered | 5225 |
to the
| 5226 |
counted, but shall be kept by the board in the sealed | 5227 |
identification envelopes in which they are delivered to the | 5228 |
5229 | |
Revised Code for the destruction of all other ballots used at the | 5230 |
election for which ballots were provided, at which time they shall | 5231 |
be destroyed. | 5232 |
(B)(1) Except as otherwise provided in division (B)(2) of | 5233 |
this section, any return envelope that is postmarked prior to the | 5234 |
day of the election shall be delivered to the | 5235 |
to the eleventh day after the election. Ballots delivered in | 5236 |
envelopes postmarked prior to the day of the election that are | 5237 |
received after the close of the polls on election day through the | 5238 |
tenth day thereafter shall be counted on the eleventh day at the | 5239 |
board of elections in the manner provided in divisions (C) and (D) | 5240 |
of section 3509.06 of the Revised Code. Any such ballots that are | 5241 |
received by the | 5242 |
the election shall not be counted, but shall be kept by the board | 5243 |
in the sealed identification envelopes as provided in division (A) | 5244 |
of this section. | 5245 |
(2) Division (B)(1) of this section shall not apply to any | 5246 |
mail that is postmarked using a postage evidencing system, | 5247 |
including a postage meter, as defined in 39 C.F.R. 501.1. | 5248 |
(C) Upon receipt of any return envelope prior to the eleventh | 5249 |
day after the day of any election, the board of elections shall | 5250 |
open it but shall not open the identification envelope contained | 5251 |
in it. If, upon so opening the return envelope, the board finds | 5252 |
ballots in it that are not enclosed in and properly sealed in the | 5253 |
identification envelope, the board shall not look at the markings | 5254 |
upon the ballots and shall promptly place them in the | 5255 |
identification envelope and promptly seal it. If, upon so opening | 5256 |
the return envelope, the board finds that ballots are enclosed in | 5257 |
the identification envelope but that it is not properly sealed, | 5258 |
the board shall not look at the markings upon the ballots and | 5259 |
shall promptly seal the identification envelope. | 5260 |
Sec. 3509.051. Notwithstanding section 3509.05 or any other | 5261 |
provision of the Revised Code to the contrary, all of the | 5262 |
following shall apply to the casting of absent voter's ballots in | 5263 |
person: | 5264 |
(A) The absent voter shall provide identification to the | 5265 |
election officials in the same manner as a voter who casts a | 5266 |
ballot in person on the day of an election is required to provide | 5267 |
identification under section 3505.18 of the Revised Code. | 5268 |
(B) The absent voter shall not be required to complete a | 5269 |
statement of voter on an absent voter's ballot identification | 5270 |
envelope. | 5271 |
(C) The board of elections shall provide a signature book to | 5272 |
be signed by absent voters who are casting their ballots in | 5273 |
person. | 5274 |
(D) If a board of elections employs more than one location | 5275 |
for casting absent voter's ballots in person before an election | 5276 |
under division (C) of section 3501.10 of the Revised Code, an | 5277 |
electronic pollbook that provides real time access to voting | 5278 |
records shall be used in each such location. | 5279 |
(E) No person other than a precinct election official shall | 5280 |
be permitted to challenge the right to vote of an absent voter who | 5281 |
is casting a ballot in person. A precinct election official may | 5282 |
challenge the right to vote of an absent voter who is casting a | 5283 |
ballot in person in the same manner as a precinct election | 5284 |
official may challenge the right to vote of an elector on the day | 5285 |
of an election under section 3505.20 or 3513.19 of the Revised | 5286 |
Code. | 5287 |
(F) No absent voter may receive a replacement ballot after | 5288 |
the voter's absent voter's ballot has been scanned or entered into | 5289 |
automatic tabulating equipment. | 5290 |
Sec. 3509.06. (A) The board of elections shall determine | 5291 |
whether absent voter's ballots shall be counted in each precinct, | 5292 |
at the office of the board, or at some other location designated | 5293 |
by the board, and shall proceed accordingly under division (B) or | 5294 |
(C) of this section. | 5295 |
(B) When the board of elections determines that absent | 5296 |
voter's ballots shall be counted in each precinct, the | 5297 |
board shall deliver to the | 5298 |
of each precinct on election day identification envelopes | 5299 |
purporting to contain absent voter's ballots of electors whose | 5300 |
voting residence appears from the statement of voter on the | 5301 |
outside of each of those envelopes, to be located in | 5302 |
5303 | |
received by the | 5304 |
polls on election day. The
| 5305 |
5306 | |
name and voting residence of each person whose voting residence is | 5307 |
in such precinct to whom absent voter's ballots were mailed. | 5308 |
(C) When the board of elections determines that absent | 5309 |
voter's ballots shall be counted at the office of the board of | 5310 |
elections or at another location designated by the board, special | 5311 |
election | 5312 |
purpose having the same authority as is exercised by precinct | 5313 |
5314 | |
vote totals | 5315 |
absent voters reside, and the absent voter's ballots shall be | 5316 |
preserved separately by the board, in the same manner and for the | 5317 |
same length of time as provided by section 3505.31 of the Revised | 5318 |
Code. | 5319 |
(D) Each of the identification envelopes purporting to | 5320 |
contain absent voter's ballots delivered to the | 5321 |
voting location manager of the precinct or the special | 5322 |
election official appointed by the board of elections shall be | 5323 |
handled as follows: The election officials shall compare the | 5324 |
signature of the elector on the outside of the identification | 5325 |
envelope with the signature of that elector on the elector's | 5326 |
registration form and verify that the absent voter's ballot is | 5327 |
eligible to be counted under section 3509.07 of the Revised Code. | 5328 |
Any of the precinct officials may challenge the right of the | 5329 |
elector named on the identification envelope to vote the absent | 5330 |
voter's ballots upon the ground that the signature on the envelope | 5331 |
is not the same as the signature on the registration form, that | 5332 |
the identification envelope statement of voter has not been | 5333 |
completed, or upon any other of the grounds upon which the right | 5334 |
of persons to vote may be lawfully challenged. If no such | 5335 |
challenge is made, or if such a challenge is made and not | 5336 |
sustained, the | 5337 |
the envelope without defacing the statement of voter and without | 5338 |
mutilating the ballots in it, and shall remove the ballots | 5339 |
contained in it and proceed to count them. | 5340 |
The name of each person voting who is entitled to vote only | 5341 |
an absent voter's presidential ballot shall be entered in a | 5342 |
pollbook or poll list or signature pollbook followed by the words | 5343 |
"Absentee Presidential Ballot." The name of each person voting an | 5344 |
absent voter's ballot, other than such persons entitled to vote | 5345 |
only a presidential ballot, shall be entered in the pollbook or | 5346 |
poll list or signature pollbook and the person's registration card | 5347 |
marked to indicate that the person has voted. | 5348 |
The date of such election shall also be entered on the | 5349 |
elector's registration form. If any such challenge is made and | 5350 |
sustained, the identification envelope of such elector shall not | 5351 |
be opened, shall be endorsed "Not Counted" with the reasons the | 5352 |
ballots were not counted, and shall be delivered to the board. | 5353 |
(E) Special election | 5354 |
of the board of elections, or observers shall not disclose the | 5355 |
count or any portion of the count of absent voter's ballots prior | 5356 |
to the time of the closing of the polling places. No person shall | 5357 |
recklessly disclose the count or any portion of the count of | 5358 |
absent voter's ballots in such a manner as to jeopardize the | 5359 |
secrecy of any individual ballot. | 5360 |
(F) Observers may be appointed under section 3505.21 of the | 5361 |
Revised Code to witness the examination and opening of | 5362 |
identification envelopes and the counting of absent voters' | 5363 |
ballots under this section. | 5364 |
Sec. 3509.07. | 5365 |
division (B) of this section, if election officials find that the | 5366 |
statement accompanying an absent voter's ballot or absent voter's | 5367 |
presidential ballot is | 5368 |
signatures do not correspond with the person's registration | 5369 |
signature, that the applicant is not a qualified elector in the | 5370 |
precinct, that the ballot envelope contains more than one ballot | 5371 |
of any one kind, or any voted ballot that the elector is not | 5372 |
entitled to vote, that Stub A is | 5373 |
envelope with the absent voter's ballot or absent voter's | 5374 |
presidential ballot, or that the elector has not included with the | 5375 |
elector's ballot any identification required under section 3509.05 | 5376 |
or 3511.09 of the Revised Code, the vote shall not be accepted or | 5377 |
counted. The vote of any absent voter may be challenged for cause | 5378 |
in the same manner as other votes are challenged, and the election | 5379 |
officials shall determine the legality of that ballot. Every | 5380 |
ballot not counted shall be endorsed on its back "Not Counted" | 5381 |
with the reasons the ballot was not counted, and shall be enclosed | 5382 |
and returned to or retained by the board of elections along with | 5383 |
the contested ballots. | 5384 |
(B) If, in determining the validity of absent voter's ballots | 5385 |
under division (A) of this section, the election officials | 5386 |
determine that an absent voter's ballot envelope statement of | 5387 |
voter has not been signed, the election officials shall not count | 5388 |
the ballot enclosed in the envelope. If the election officials are | 5389 |
able to determine the identity of the absent voter who returned | 5390 |
the unsigned identification envelope, the election officials shall | 5391 |
do all of the following: | 5392 |
(1) Reinstate the elector's eligibility to receive and cast a | 5393 |
ballot in that election; | 5394 |
(2) Remove the notation in the poll list or signature | 5395 |
pollbook that indicates that the elector has requested an absent | 5396 |
voter's ballot for that election and that otherwise would require | 5397 |
the elector to cast a provisional ballot on the day of the | 5398 |
election; | 5399 |
(3) Note, on the unsigned identification envelope, that the | 5400 |
envelope is unsigned, that the ballot within that envelope shall | 5401 |
not be counted, and that the voter's right to cast a ballot in | 5402 |
that election was reinstated; | 5403 |
(4) For any such ballot received five or more days before the | 5404 |
day of the election, mail a notification of the elector's | 5405 |
reinstated eligibility to vote by any legal means to the elector's | 5406 |
address on file with the board; | 5407 |
(5) Permit that elector to cast a regular ballot in that | 5408 |
election. | 5409 |
(C) An elector who casts a ballot under division (B) of this | 5410 |
section after having that elector's absent voter's ballot rejected | 5411 |
due to a lack of a signature on the identification envelope shall | 5412 |
not be considered to have voted or to have attempted to vote more | 5413 |
than once under division (A)(2) of section 3599.12 of the Revised | 5414 |
Code, and no prosecution shall commence against such an elector on | 5415 |
that basis. | 5416 |
(D) The uncounted ballots shall be preserved in their | 5417 |
identification envelopes unopened until the time provided by | 5418 |
section 3505.31 of the Revised Code for the destruction of all | 5419 |
other ballots used at the election for which ballots were | 5420 |
provided, at which time they shall be destroyed. | 5421 |
Sec. 3509.08. (A) Any qualified elector, who, on account of | 5422 |
the elector's own personal illness, physical disability, or | 5423 |
infirmity, or on account of the elector's confinement in a jail or | 5424 |
workhouse under sentence for a misdemeanor or awaiting trial on a | 5425 |
felony or misdemeanor, will be unable to travel from the elector's | 5426 |
home or place of confinement to the voting booth in the elector's | 5427 |
precinct on the day of any general, special, or primary election | 5428 |
may make application in writing for an absent voter's ballot to | 5429 |
5430 | |
The application shall include all of the information required | 5431 |
under section 3509.03 of the Revised Code and shall state the | 5432 |
nature of the elector's illness, physical disability, or | 5433 |
infirmity, or the fact that the elector is confined in a jail or | 5434 |
workhouse and the elector's resultant inability to travel to the | 5435 |
election booth in the elector's precinct on election day. The | 5436 |
application shall not be valid if it is delivered to the | 5437 |
board before the ninetieth day or after twelve noon of the third | 5438 |
day before the day of the election at which the ballot is to be | 5439 |
voted. | 5440 |
The absent voter's ballot may be mailed directly to the | 5441 |
applicant at the applicant's voting residence or place of | 5442 |
confinement as stated in the applicant's application, or the board | 5443 |
may designate two board employees belonging to the two major | 5444 |
political parties for the purpose of delivering the ballot to the | 5445 |
disabled or confined elector and returning it to the board, unless | 5446 |
the applicant is confined to a public or private institution | 5447 |
within the county, in which case the board shall designate two | 5448 |
board employees belonging to the two major political parties for | 5449 |
the purpose of delivering the ballot to the disabled or confined | 5450 |
elector and returning it to the board. In all other instances, the | 5451 |
ballot shall be returned to the office of the board in the manner | 5452 |
prescribed in section 3509.05 of the Revised Code. | 5453 |
Any disabled or confined elector who declares to the two | 5454 |
board employees belonging to the two major political parties that | 5455 |
the elector is unable to mark the elector's ballot by reason of | 5456 |
physical infirmity that is apparent to the employees to be | 5457 |
sufficient to incapacitate the voter from marking the elector's | 5458 |
ballot properly, may receive, upon request, the assistance of the | 5459 |
employees in marking the elector's ballot, and they shall | 5460 |
thereafter give no information in regard to this matter. Such | 5461 |
assistance shall not be rendered for any other cause. | 5462 |
When two board employees belonging to the two major political | 5463 |
parties deliver a ballot to a disabled or confined elector, each | 5464 |
of the employees shall be present when the ballot is delivered, | 5465 |
when assistance is given, and when the ballot is returned to the | 5466 |
office of the board, and shall subscribe to the declaration on the | 5467 |
identification envelope. | 5468 |
The secretary of state shall prescribe the form of | 5469 |
application for absent voter's ballots under this division. | 5470 |
This chapter applies to disabled and confined absent voter's | 5471 |
ballots except as otherwise provided in this section. | 5472 |
(B)(1) Any qualified elector who is unable to travel to the | 5473 |
voting booth in the elector's precinct on the day of any general, | 5474 |
special, or primary election may apply to | 5475 |
board of elections of the county where the elector is a qualified | 5476 |
elector to vote in the election by absent voter's ballot if either | 5477 |
of the following apply: | 5478 |
(a) The elector is confined in a hospital as a result of an | 5479 |
accident or unforeseeable medical emergency occurring before the | 5480 |
election; | 5481 |
(b) The elector's minor child is confined in a hospital as a | 5482 |
result of an accident or unforeseeable medical emergency occurring | 5483 |
before the election. | 5484 |
(2) The application authorized under division (B)(1) of this | 5485 |
section shall be made in writing, shall include all of the | 5486 |
information required under section 3509.03 of the Revised Code, | 5487 |
and shall be delivered to the | 5488 |
p.m. on the day of the election. The application shall indicate | 5489 |
the hospital where the applicant or the applicant's child is | 5490 |
confined, the date of the applicant's or the applicant's child's | 5491 |
admission to the hospital, and the offices for which the applicant | 5492 |
is qualified to vote. The applicant may also request that a member | 5493 |
of the applicant's family, as listed in section 3509.05 of the | 5494 |
Revised Code, deliver the absent voter's ballot to the applicant. | 5495 |
The | 5496 |
satisfaction the validity of the circumstances claimed by the | 5497 |
applicant, shall supply an absent voter's ballot to be delivered | 5498 |
to the applicant. When the applicant or the applicant's child is | 5499 |
in a hospital in the county where the applicant is a qualified | 5500 |
elector and no request is made for a member of the family to | 5501 |
deliver the ballot, the | 5502 |
delivery of an absent voter's ballot to the applicant, and for its | 5503 |
return to the office of the board, by two board employees | 5504 |
belonging to the two major political parties according to the | 5505 |
procedures prescribed in division (A) of this section. When the | 5506 |
applicant or the applicant's child is in a hospital outside the | 5507 |
county where the applicant is a qualified elector and no request | 5508 |
is made for a member of the family to deliver the ballot, the | 5509 |
5510 | |
ballot to the applicant by mail, and the ballot shall be returned | 5511 |
to the office of the board in the manner prescribed in section | 5512 |
3509.05 of the Revised Code. | 5513 |
(3) Any qualified elector who is eligible to vote under | 5514 |
division (B) or (C) of section 3503.16 of the Revised Code but is | 5515 |
unable to do so because of the circumstances described in division | 5516 |
(B)(2) of this section may vote in accordance with division (B)(1) | 5517 |
of this section if that qualified elector states in the | 5518 |
application for absent voter's ballots that that qualified elector | 5519 |
moved or had a change of name under the circumstances described in | 5520 |
division (B) or (C) of section 3503.16 of the Revised Code and if | 5521 |
that qualified elector complies with divisions (G)(1) to (4) of | 5522 |
section 3503.16 of the Revised Code. | 5523 |
(C) Any qualified elector described in division (A) or (B)(1) | 5524 |
of this section who needs no assistance to vote or to return | 5525 |
absent voter's ballots to the board of elections may apply for | 5526 |
absent voter's ballots under section 3509.03 of the Revised Code | 5527 |
instead of applying for them under this section. | 5528 |
Sec. 3509.09. (A) The poll list or signature pollbook for | 5529 |
each precinct shall identify each registered elector in that | 5530 |
precinct who has requested an absent voter's ballot for that | 5531 |
election. | 5532 |
(B)(1) If a registered elector appears to vote in that | 5533 |
precinct and that elector has requested an absent voter's ballot | 5534 |
for that election but the | 5535 |
received a sealed identification envelope purporting to contain | 5536 |
that elector's voted absent voter's ballots for that election, the | 5537 |
elector shall be permitted to cast a provisional ballot under | 5538 |
section 3505.181 of the Revised Code in that precinct on the day | 5539 |
of that election. | 5540 |
(2) If a registered elector appears to vote in that precinct | 5541 |
and that elector has requested an absent voter's ballot for that | 5542 |
election and the | 5543 |
identification envelope purporting to contain that elector's voted | 5544 |
absent voter's ballots for that election, the elector shall be | 5545 |
permitted to cast a provisional ballot under section 3505.181 of | 5546 |
the Revised Code in that precinct on the day of that election. | 5547 |
(C)(1) In counting absent voter's ballots under section | 5548 |
3509.06 of the Revised Code, the board of elections shall compare | 5549 |
the signature of each elector from whom the | 5550 |
received a sealed identification envelope purporting to contain | 5551 |
that elector's voted absent voter's ballots for that election to | 5552 |
the signature on that elector's registration form. Except as | 5553 |
otherwise provided in division (C)(3) of this section, if the | 5554 |
board of elections determines that the absent voter's ballot in | 5555 |
the sealed identification envelope is valid, it shall be counted. | 5556 |
If the board of elections determines that the signature on the | 5557 |
sealed identification envelope purporting to contain the elector's | 5558 |
voted absent voter's ballot does not match the signature on the | 5559 |
elector's registration form, the ballot shall be set aside and the | 5560 |
board shall examine, during the time prior to the beginning of the | 5561 |
official canvass, the poll list or signature pollbook from the | 5562 |
precinct in which the elector is registered to vote to determine | 5563 |
if the elector also cast a provisional ballot under section | 5564 |
3505.181 of the Revised Code in that precinct on the day of the | 5565 |
election. | 5566 |
(2) The board of elections shall count the provisional | 5567 |
ballot, instead of the absent voter's ballot, if both of the | 5568 |
following apply: | 5569 |
(a) The board of elections determines that the signature of | 5570 |
the elector on the outside of the identification envelope in which | 5571 |
the absent voter's ballots are enclosed does not match the | 5572 |
signature of the elector on the elector's registration form; | 5573 |
(b) The elector cast a provisional ballot in the precinct on | 5574 |
the day of the election. | 5575 |
(3) If the board of elections does not receive the sealed | 5576 |
identification envelope purporting to contain the elector's voted | 5577 |
absent voter's ballot by the applicable deadline established under | 5578 |
section 3509.05 of the Revised Code, the provisional ballot cast | 5579 |
under section 3505.181 of the Revised Code in that precinct on the | 5580 |
day of the election shall be counted as valid, if that provisional | 5581 |
ballot is otherwise determined to be valid pursuant to section | 5582 |
3505.183 of the Revised Code. | 5583 |
(D) If the board of elections counts a provisional ballot | 5584 |
under division (C)(2) or (3) of this section, the returned | 5585 |
identification envelope of that elector shall not be opened, and | 5586 |
the ballot within that envelope shall not be counted. The | 5587 |
identification envelope shall be endorsed "Not Counted" with the | 5588 |
reason the ballot was not counted. | 5589 |
Sec. 3511.02. Notwithstanding any section of the Revised | 5590 |
Code to the contrary, whenever any person applies for registration | 5591 |
as a voter on a form adopted in accordance with federal | 5592 |
regulations relating to the "Uniformed and Overseas Citizens | 5593 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 5594 |
this application shall be sufficient for voter registration and as | 5595 |
a request for an absent voter's ballot. Uniformed services or | 5596 |
overseas absent voter's ballots may be obtained by any person | 5597 |
meeting the requirements of section 3511.01 of the Revised Code by | 5598 |
applying electronically to the secretary of state or to the board | 5599 |
of elections of the county in which the person's voting residence | 5600 |
is located in accordance with section 3511.021 of the Revised Code | 5601 |
or by applying to | 5602 |
county in which the person's voting residence is located, in one | 5603 |
of the following ways: | 5604 |
(A) That person may make written application for those | 5605 |
ballots. The person may personally deliver the application to the | 5606 |
5607 | |
otherwise send it to the | 5608 |
be in any particular form but shall contain all of the following | 5609 |
information: | 5610 |
(1) The elector's name; | 5611 |
(2) The elector's signature; | 5612 |
(3) The address at which the elector is registered to vote; | 5613 |
(4) The elector's date of birth; | 5614 |
(5) One of the following: | 5615 |
(a) The elector's driver's license number; | 5616 |
(b) The | 5617 |
number; | 5618 |
(c) A copy of the elector's current and valid photo | 5619 |
identification, a copy of a military identification, a copy of a | 5620 |
United States passport, or a copy of a current utility bill, bank | 5621 |
statement, government check, paycheck, or other government | 5622 |
document, other than | 5623 |
5624 | |
voter registration mailed by a board of elections under section | 5625 |
3503.19 of the Revised Code, that shows the name and address of | 5626 |
the elector. | 5627 |
(6) A statement identifying the election for which absent | 5628 |
voter's ballots are requested; | 5629 |
(7) A statement that the person requesting the ballots is a | 5630 |
qualified elector; | 5631 |
(8) A statement that the elector is an absent uniformed | 5632 |
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6; | 5633 |
(9) A statement of the elector's length of residence in the | 5634 |
state immediately preceding the commencement of service, | 5635 |
immediately preceding the date of leaving to be with or near the | 5636 |
service member, or immediately preceding leaving the United | 5637 |
States, whichever is applicable; | 5638 |
(10) If the request is for primary election ballots, the | 5639 |
elector's party affiliation; | 5640 |
(11) If the elector desires ballots to be mailed to the | 5641 |
elector, the address to which those ballots shall be mailed; | 5642 |
(12) If the elector desires ballots to be sent to the elector | 5643 |
by facsimile machine, the telephone number to which they shall be | 5644 |
so sent. | 5645 |
(B) A voter or any relative of a voter listed in division (C) | 5646 |
of this section may use a single federal post card application to | 5647 |
apply for uniformed services or overseas absent voter's ballots | 5648 |
for use at the primary and general elections in a given year and | 5649 |
any special election to be held on the day in that year specified | 5650 |
by division (E) of section 3501.01 of the Revised Code for the | 5651 |
holding of a primary election, designated by the general assembly | 5652 |
for the purpose of submitting constitutional amendments proposed | 5653 |
by the general assembly to the voters of the state. A single | 5654 |
federal postcard application shall be processed by the board of | 5655 |
elections pursuant to section 3511.04 of the Revised Code the same | 5656 |
as if the voter had applied separately for uniformed services or | 5657 |
overseas absent voter's ballots for each election. | 5658 |
(C) Application to have uniformed services or overseas absent | 5659 |
voter's ballots mailed or sent by facsimile machine to such a | 5660 |
person may be made by the spouse, father, mother, father-in-law, | 5661 |
mother-in-law, grandfather, grandmother, brother or sister of the | 5662 |
whole blood or half blood, son, daughter, adopting parent, adopted | 5663 |
child, stepparent, stepchild, uncle, aunt, nephew, or niece of | 5664 |
such a person. The application shall be in writing upon a blank | 5665 |
form furnished only by the | 5666 |
single federal post card as provided in division (B) of this | 5667 |
section. The form of the application shall be prescribed by the | 5668 |
secretary of state. The
| 5669 |
form to any of the relatives specified in this division desiring | 5670 |
to make the application, only upon the request of such a relative | 5671 |
made in person at the office of the board or upon the written | 5672 |
request of such a relative mailed to the office of the board. The | 5673 |
application, subscribed and sworn to by the applicant, shall | 5674 |
contain all of the following: | 5675 |
(1) The full name of the elector for whom ballots are | 5676 |
requested; | 5677 |
(2) A statement that the elector is an absent uniformed | 5678 |
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6; | 5679 |
(3) The address at which the elector is registered to vote; | 5680 |
(4) A statement identifying the elector's length of residence | 5681 |
in the state immediately preceding the commencement of service, | 5682 |
immediately preceding the date of leaving to be with or near a | 5683 |
service member, or immediately preceding leaving the United | 5684 |
States, as the case may be; | 5685 |
(5) The elector's date of birth; | 5686 |
(6) One of the following: | 5687 |
(a) The elector's driver's license number; | 5688 |
(b) The | 5689 |
number; | 5690 |
(c) A copy of the elector's current and valid photo | 5691 |
identification, a copy of a military identification, a copy of a | 5692 |
United States passport, or a copy of a current utility bill, bank | 5693 |
statement, government check, paycheck, or other government | 5694 |
document, other than | 5695 |
5696 | |
voter registration mailed by a board of elections under section | 5697 |
3503.19 of the Revised Code, that shows the name and address of | 5698 |
the elector. | 5699 |
(7) A statement identifying the election for which absent | 5700 |
voter's ballots are requested; | 5701 |
(8) A statement that the person requesting the ballots is a | 5702 |
qualified elector; | 5703 |
(9) If the request is for primary election ballots, the | 5704 |
elector's party affiliation; | 5705 |
(10) A statement that the applicant bears a relationship to | 5706 |
the elector as specified in division (C) of this section; | 5707 |
(11) The address to which ballots shall be mailed or the | 5708 |
telephone number to which ballots shall be sent by facsimile | 5709 |
machine; | 5710 |
(12) The signature and address of the person making the | 5711 |
application. | 5712 |
Each application for uniformed services or overseas absent | 5713 |
voter's ballots shall be delivered to the | 5714 |
earlier than the first day of January of the year of the elections | 5715 |
for which the uniformed services or overseas absent voter's | 5716 |
ballots are requested or not earlier than ninety days before the | 5717 |
day of the election at which the ballots are to be voted, | 5718 |
whichever is earlier, and not later than twelve noon of the third | 5719 |
day preceding the day of the election, or not later than the close | 5720 |
of regular business hours on the day before the day of the | 5721 |
election at which those ballots are to be voted if the application | 5722 |
is delivered in person to the office of the board. | 5723 |
(D) If the voter for whom the application is made is entitled | 5724 |
to vote for presidential and vice-presidential electors only, the | 5725 |
applicant shall submit to the | 5726 |
requirements of divisions (A), (B), and (C) of this section, a | 5727 |
statement to the effect that the voter is qualified to vote for | 5728 |
presidential and vice-presidential electors and for no other | 5729 |
offices. | 5730 |
(E) If a board of elections receives an application for | 5731 |
uniformed services or overseas absent voter's ballots under this | 5732 |
section that indicates that it also shall be used as a change of | 5733 |
address form, the board of elections shall update the voter | 5734 |
registration records to reflect the voter's new address. | 5735 |
Sec. 3511.04. (A) If | 5736 |
receives an application for uniformed services or overseas absent | 5737 |
voter's ballots that does not contain all of the required | 5738 |
information, the | 5739 |
applicant of the additional information required to be provided by | 5740 |
the applicant to complete that application. | 5741 |
(B) Not later than the forty-fifth day before the day of each | 5742 |
general or primary election, and at the earliest possible time | 5743 |
before the day of a special election held on a day other than the | 5744 |
day on which a general or primary election is held, | 5745 |
5746 | |
or otherwise send uniformed services or overseas absent voter's | 5747 |
ballots then ready for use as provided for in section 3511.03 of | 5748 |
the Revised Code and for which the | 5749 |
valid applications prior to that time. Thereafter, and until | 5750 |
twelve noon of the third day preceding the day of election, the | 5751 |
5752 | |
for them, mail, send by facsimile machine, or otherwise send to | 5753 |
the proper persons all uniformed services or overseas absent | 5754 |
voter's ballots then ready for use. | 5755 |
If, after the seventieth day before the day of a general or | 5756 |
primary election, any other question, issue, or candidacy is | 5757 |
lawfully ordered submitted to the electors voting at the general | 5758 |
or primary election, the board shall promptly provide a separate | 5759 |
official issue, special election, or other election ballot for | 5760 |
submitting the question, issue, or candidacy to those electors | 5761 |
and | 5762 |
each such separate ballot to each person to whom the | 5763 |
board has previously mailed or sent by facsimile machine other | 5764 |
uniformed services or overseas absent voter's ballots. | 5765 |
In mailing uniformed services or overseas absent voter's | 5766 |
ballots, the | 5767 |
available, but the | 5768 |
mail. | 5769 |
Sec. 3511.05. (A) The | 5770 |
shall place uniformed services or overseas absent voter's ballots | 5771 |
sent by mail in an unsealed identification envelope, gummed ready | 5772 |
for sealing. The | 5773 |
services or overseas absent voter's ballots sent electronically, | 5774 |
including by facsimile machine, an instruction sheet for preparing | 5775 |
a gummed envelope in which the ballots shall be returned. The | 5776 |
envelope for returning ballots sent by either means shall have | 5777 |
printed or written on its face a form substantially as follows: | 5778 |
5779 | |
I, ........................(Name of voter), declare under | 5780 |
penalty of election falsification that the within ballot or | 5781 |
ballots contained no voting marks of any kind when I received | 5782 |
them, and I caused the ballot or ballots to be marked, enclosed in | 5783 |
the identification envelope, and sealed in that envelope. | 5784 |
My voting residence in Ohio is | 5785 |
................................................................... | 5786 |
5787 | |
of ................................ (City, Village, or Township) | 5788 |
Ohio, which is in Ward ............... Precinct ................ | 5789 |
in that city, village, or township. | 5790 |
The primary election ballots, if any, within this envelope | 5791 |
are primary election ballots of the ............. Party. | 5792 |
Ballots contained within this envelope are to be voted at the | 5793 |
.......... (general, special, or primary) election to be held on | 5794 |
the .......................... day of ......................, .... | 5795 |
My date of birth is ............... (Month and Day), | 5796 |
.......... (Year). | 5797 |
(Voter must provide one of the following:) | 5798 |
My driver's license number is ............... (Driver's | 5799 |
license number). | 5800 |
| 5801 |
............... ( | 5802 |
...... In lieu of providing a driver's license number or | 5803 |
5804 | |
copy of one of the following in the return envelope in which this | 5805 |
identification envelope will be mailed: a current and valid photo | 5806 |
identification, a military identification, a United States | 5807 |
passport, or a current utility bill, bank statement, government | 5808 |
check, paycheck, or other government document, other than | 5809 |
5810 | |
5811 | |
mailed by a board of elections, that shows my name and address. | 5812 |
I hereby declare, under penalty of election falsification, | 5813 |
that the statements above are true, as I verily believe. | 5814 |
5815 | |||
(Signature of Voter) | 5816 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF | 5817 |
THE FIFTH DEGREE." | 5818 |
(B) The | 5819 |
the unsealed identification envelope sent by mail an unsealed | 5820 |
return envelope, gummed, ready for sealing, for use by the voter | 5821 |
in returning the voter's marked ballots to the | 5822 |
5823 | |
sheet for preparing a gummed envelope sent electronically, | 5824 |
including by facsimile machine, an instruction sheet for preparing | 5825 |
a second gummed envelope as described in this division, for use by | 5826 |
the voter in returning that voter's marked ballots to the | 5827 |
board. The return envelope shall have two parallel lines, each one | 5828 |
quarter of an inch in width, printed across its face paralleling | 5829 |
the top, with an intervening space of one quarter of an inch | 5830 |
between such lines. The top line shall be one and one-quarter | 5831 |
inches from the top of the envelope. Between the parallel lines | 5832 |
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR | 5833 |
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank | 5834 |
lines shall be printed in the upper left corner on the face of the | 5835 |
envelope for the use by the voter in placing the voter's complete | 5836 |
military, naval, or mailing address on these lines, and beneath | 5837 |
these lines there shall be printed a box beside the words "check | 5838 |
if out-of-country." The voter shall check this box if the voter | 5839 |
will be outside the United States on the day of the election. The | 5840 |
official title and the post-office address of the | 5841 |
to | 5842 |
the face of such envelope in the lower right portion below the | 5843 |
bottom parallel line. | 5844 |
(C) On the back of each identification envelope and each | 5845 |
return envelope shall be printed the following: | 5846 |
"Instructions to voter: | 5847 |
If the flap on this envelope is so firmly stuck to the back | 5848 |
of the envelope when received by you as to require forcible | 5849 |
opening in order to use it, open the envelope in the manner least | 5850 |
injurious to it, and, after marking your ballots and enclosing | 5851 |
same in the envelope for mailing them to | 5852 |
of elections, reclose the envelope in the most practicable way, by | 5853 |
sealing or otherwise, and sign the blank form printed below. | 5854 |
The flap on this envelope was firmly stuck to the back of the | 5855 |
envelope when received, and required forced opening before sealing | 5856 |
and mailing. | 5857 |
5858 | |||
(Signature of voter)" | 5859 |
(D) Division (C) of this section does not apply when absent | 5860 |
voter's ballots are sent electronically, including by facsimile | 5861 |
machine. | 5862 |
Sec. 3511.06. The return envelope provided for in section | 5863 |
3511.05 of the Revised Code shall be of such size that the | 5864 |
identification envelope can be conveniently placed within it for | 5865 |
returning the identification envelope to the | 5866 |
elections. The envelope in which the two envelopes and the | 5867 |
uniformed services or overseas absent voter's ballots are mailed | 5868 |
to the elector shall have two parallel lines, each one quarter of | 5869 |
an inch in width, printed across its face, paralleling the top, | 5870 |
with an intervening space of one-quarter of an inch between such | 5871 |
lines. The top line shall be one and one-quarter inches from the | 5872 |
top of the envelope. Between the parallel lines shall be printed: | 5873 |
"official uniformed services or overseas absent voter's balloting | 5874 |
material--via air mail." The appropriate return address of | 5875 |
5876 | |
left corner on the face of such envelope. Several blank lines | 5877 |
shall be printed on the face of such envelope in the lower right | 5878 |
portion, below the bottom parallel line, for writing in the name | 5879 |
and address of the elector to whom such envelope is mailed. | 5880 |
Sec. 3511.07. When mailing unsealed identification envelopes | 5881 |
and unsealed return envelopes to persons, the | 5882 |
board of elections shall insert a sheet of waxed paper or other | 5883 |
appropriate insert between the gummed flap and the back of each of | 5884 |
such envelopes to minimize the possibility that the flap may | 5885 |
become firmly stuck to the back of the envelope by reason of | 5886 |
moisture, humid atmosphere, or other conditions to which they may | 5887 |
be subjected. If the flap on either of such envelopes should be so | 5888 |
firmly stuck to the back of the envelope when it is received by | 5889 |
the voter as to require forcible opening of the envelope in order | 5890 |
to use it, the voter shall open such envelope in the manner least | 5891 |
injurious to it, and, after marking | 5892 |
enclosing them in the envelope for mailing to the | 5893 |
5894 | |
way, by sealing it or otherwise, and shall sign the blank form | 5895 |
printed on the back of such envelope. | 5896 |
Sec. 3511.08. The | 5897 |
keep a record of the name and address of each person to whom the | 5898 |
5899 | |
absent voter's ballots, the kinds of ballots so mailed or | 5900 |
delivered, and the name and address of the person who made the | 5901 |
application for such ballots. After the | 5902 |
or delivered such ballots, the | 5903 |
deliver additional ballots of the same kind to such person | 5904 |
pursuant to a subsequent request unless such subsequent request | 5905 |
contains the statement that an earlier request had been sent to | 5906 |
the | 5907 |
and that the uniformed services or overseas absent voter's ballots | 5908 |
so requested had not been received by such person prior to the | 5909 |
fifteenth day before the election, and provided that the | 5910 |
board has not received an identification envelope purporting to | 5911 |
contain marked uniformed services or overseas absent voter's | 5912 |
ballots from such person. | 5913 |
Sec. 3511.09. Upon receiving uniformed services or overseas | 5914 |
absent voter's ballots, the elector shall cause the questions on | 5915 |
the face of the identification envelope to be answered, and, by | 5916 |
writing the elector's usual signature in the proper place on the | 5917 |
identification envelope, the elector shall declare under penalty | 5918 |
of election falsification that the answers to those questions are | 5919 |
true and correct to the best of the elector's knowledge and | 5920 |
belief. Then, the elector shall note whether there are any voting | 5921 |
marks on the ballot. If there are any voting marks, the ballot | 5922 |
shall be returned immediately to the board of elections; | 5923 |
otherwise, the elector shall cause the ballot to be marked, folded | 5924 |
separately so as to conceal the markings on it, deposited in the | 5925 |
identification envelope, and securely sealed in the identification | 5926 |
envelope. The elector then shall cause the identification envelope | 5927 |
to be placed within the return envelope, sealed in the return | 5928 |
envelope, and mailed to | 5929 |
5930 | |
not provide the elector's driver's license number or | 5931 |
5932 | |
voter on the identification envelope, the elector also shall | 5933 |
include in the return envelope with the identification envelope a | 5934 |
copy of the elector's current valid photo identification, a copy | 5935 |
of a military identification, a copy of a United States passport, | 5936 |
or a copy of a current utility bill, bank statement, government | 5937 |
check, paycheck, or other government document, other than | 5938 |
5939 | |
5940 | |
mailed by a board of elections under section 3503.19 of the | 5941 |
Revised Code, that shows the name and address of the elector. Each | 5942 |
elector who will be outside the United States on the day of the | 5943 |
election shall check the box on the return envelope indicating | 5944 |
this fact and shall mail the return envelope to the
| 5945 |
board prior to the close of the polls on election day. | 5946 |
Every uniformed services or overseas absent voter's ballot | 5947 |
identification envelope shall be accompanied by the following | 5948 |
statement in boldface capital letters: WHOEVER COMMITS ELECTION | 5949 |
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. | 5950 |
Sec. 3511.10. If, on or after the | 5951 |
5952 | |
p.m. on the last Friday before the
| 5953 |
of | 5954 |
uniformed services or overseas absent voter's ballots is delivered | 5955 |
to | 5956 |
5957 | |
person's own behalf, the | 5958 |
the person all uniformed services or overseas absent voter's | 5959 |
ballots then ready for use, together with an identification | 5960 |
envelope. The person shall then immediately retire to a voting | 5961 |
booth in the office of the board, and mark the ballots. The person | 5962 |
shall then fold each ballot separately so as to conceal the | 5963 |
person's markings thereon, and deposit all of the ballots in the | 5964 |
identification envelope and securely seal it. Thereupon the person | 5965 |
shall fill in answers to the questions on the face of the | 5966 |
identification envelope, and by writing the person's usual | 5967 |
signature in the proper place thereon, the person shall declare | 5968 |
under penalty of election falsification that the answers to those | 5969 |
questions are true and correct to the best of that person's | 5970 |
knowledge and belief. The person shall then deliver the | 5971 |
identification envelope to the | 5972 |
before the third day preceding such election, the board provides | 5973 |
additional separate official issue or special election ballots, as | 5974 |
provided for in section 3511.04 of the Revised Code, the | 5975 |
board shall promptly, and not later than twelve noon of the third | 5976 |
day preceding the day of election, mail such additional ballots to | 5977 |
such person at the address specified by that person for that | 5978 |
purpose. | 5979 |
In the event any person serving in the armed forces of the | 5980 |
United States is discharged after the closing date of | 5981 |
registration, and that person or that person's spouse, or both, | 5982 |
meets all the other qualifications set forth in section 3511.01 of | 5983 |
the Revised Code, the person or spouse shall be permitted to vote | 5984 |
prior to the date of the election in the office of the board in | 5985 |
the person's or spouse's county, as set forth in this section. | 5986 |
Sec. 3511.11. (A) Upon receipt of any return envelope | 5987 |
bearing the designation "Official Election Uniformed Services or | 5988 |
Overseas Absent Voter's Ballot" prior to the eleventh day after | 5989 |
the day of any election, | 5990 |
shall open it but shall not open the identification envelope | 5991 |
contained in it. If, upon so opening the return envelope, the | 5992 |
5993 | |
properly sealed in the identification envelope, the | 5994 |
shall not look at the markings upon the ballots and shall promptly | 5995 |
place them in the identification envelope and promptly seal it. | 5996 |
If, upon so opening the return envelope, the | 5997 |
that ballots are enclosed in the identification envelope but that | 5998 |
it is not properly sealed, the | 5999 |
the markings upon the ballots and shall promptly seal the | 6000 |
identification envelope. | 6001 |
(B) Uniformed services or overseas absent voter's ballots | 6002 |
delivered to the | 6003 |
polls on election day shall be counted in the manner provided in | 6004 |
section 3509.06 of the Revised Code. | 6005 |
(C) A return envelope that indicates that the voter will be | 6006 |
outside of the United States on the day of an election is not | 6007 |
required to be postmarked in order for a uniformed services or | 6008 |
overseas absent voter's ballot contained in it to be valid. Except | 6009 |
as otherwise provided in this division, whether or not the return | 6010 |
envelope containing the ballot is postmarked or contains an | 6011 |
illegible postmark, a uniformed services or overseas absent | 6012 |
voter's ballot that is received after the close of the polls on | 6013 |
election day through the tenth day after the election day and that | 6014 |
is delivered in a return envelope that indicates that the voter | 6015 |
will be outside the United States on the day of the election shall | 6016 |
be counted on the eleventh day after the election day at the | 6017 |
office of the board of elections in the manner provided in | 6018 |
divisions (C) and (D) of section 3509.06 of the Revised Code. | 6019 |
However, if a return envelope containing a uniformed services or | 6020 |
overseas absent voter's ballot is so received and so indicates, | 6021 |
but it is postmarked, or the identification envelope in it is | 6022 |
signed, after the close of the polls on election day, the | 6023 |
uniformed services or overseas absent voter's ballot shall not be | 6024 |
counted. | 6025 |
(D)(1) Except as otherwise provided in division (D)(2) of | 6026 |
this section, any return envelope containing a uniformed services | 6027 |
or overseas absent voter's ballot that is postmarked within the | 6028 |
United States prior to the day of the election shall be delivered | 6029 |
to the | 6030 |
election. Uniformed services or overseas absent voter's ballots | 6031 |
delivered in envelopes postmarked prior to the day of the election | 6032 |
that are received after the close of the polls on election day | 6033 |
through the tenth day thereafter shall be counted on the eleventh | 6034 |
day at the board of elections in the manner provided in divisions | 6035 |
(C) and (D) of section 3509.06 of the Revised Code. Any such | 6036 |
ballots that are received by the | 6037 |
tenth day following the election shall not be counted, but shall | 6038 |
be kept by the board in the sealed identification envelopes as | 6039 |
provided in division (A) of this section. | 6040 |
(2) Division (D)(1) of this section shall not apply to any | 6041 |
mail that is postmarked using a postage evidencing system, | 6042 |
including a postage meter, as defined in 39 C.F.R. 501.1. | 6043 |
(E) The following types of uniformed services or overseas | 6044 |
absent voter's ballots shall not be counted: | 6045 |
(1) Uniformed services or overseas absent voter's ballots | 6046 |
contained in return envelopes that bear the designation "Official | 6047 |
Election Uniformed Services or Overseas Absent Voter's Ballots," | 6048 |
that are received by the | 6049 |
polls on the day of the election, and that either are postmarked, | 6050 |
or contain an identification envelope that is signed, on or after | 6051 |
election day; | 6052 |
(2) Uniformed services or overseas absent voter's ballots | 6053 |
contained in return envelopes that bear that designation, that do | 6054 |
not indicate they are from voters who will be outside the United | 6055 |
States on the day of the election, and that are received after the | 6056 |
tenth day following the election; | 6057 |
(3) Uniformed services or overseas absent voter's ballots | 6058 |
contained in return envelopes that bear that designation, that are | 6059 |
received by the | 6060 |
the election, and that were postmarked before the day of the | 6061 |
election using a postage evidencing system, including a postage | 6062 |
meter, as defined in 39 C.F.R. 501.1. | 6063 |
The uncounted ballots shall be preserved in their | 6064 |
identification envelopes unopened until the time provided by | 6065 |
section 3505.31 of the Revised Code for the destruction of all | 6066 |
other ballots used at the election for which ballots were | 6067 |
provided, at which time they shall be destroyed. | 6068 |
Sec. 3511.13. (A) The poll list or signature pollbook for | 6069 |
each precinct shall identify each registered elector in that | 6070 |
precinct who has requested a uniformed services or overseas absent | 6071 |
voter's ballot for that election. | 6072 |
(B)(1) If a registered elector appears to vote in that | 6073 |
precinct and that elector has requested a uniformed services or | 6074 |
overseas absent voter's ballot for that election but the | 6075 |
board of elections has not received a sealed identification | 6076 |
envelope purporting to contain that elector's voted uniformed | 6077 |
services or overseas absent voter's ballots for that election, the | 6078 |
elector shall be permitted to cast a provisional ballot under | 6079 |
section 3505.181 of the Revised Code in that precinct on the day | 6080 |
of that election. | 6081 |
(2) If a registered elector appears to vote in that precinct | 6082 |
and that elector has requested a uniformed services or overseas | 6083 |
absent voter's ballot for that election and the | 6084 |
received a sealed identification envelope purporting to contain | 6085 |
that elector's voted uniformed services or overseas absent voter's | 6086 |
ballots for that election, the elector shall be permitted to cast | 6087 |
a provisional ballot under section 3505.181 of the Revised Code in | 6088 |
that precinct on the day of that election. | 6089 |
(C)(1) In counting uniformed services or overseas absent | 6090 |
voter's ballots under section 3511.11 of the Revised Code, the | 6091 |
board of elections shall compare the signature of each elector | 6092 |
from whom the | 6093 |
envelope purporting to contain that elector's voted uniformed | 6094 |
services or overseas absent voter's ballots for that election to | 6095 |
the signature on the elector's registration form. Except as | 6096 |
otherwise provided in division (C)(3) of this section, if the | 6097 |
board of elections determines that the uniformed services or | 6098 |
overseas absent voter's ballot in the sealed identification | 6099 |
envelope is valid, it shall be counted. If the board of elections | 6100 |
determines that the signature on the sealed identification | 6101 |
envelope purporting to contain the elector's voted uniformed | 6102 |
services or overseas absent voter's ballot does not match the | 6103 |
signature on the elector's registration form, the ballot shall be | 6104 |
set aside and the board shall examine, during the time prior to | 6105 |
the beginning of the official canvass, the poll list or signature | 6106 |
pollbook from the precinct in which the elector is registered to | 6107 |
vote to determine if the elector also cast a provisional ballot | 6108 |
under section 3505.181 of the Revised Code in that precinct on the | 6109 |
day of the election. | 6110 |
(2) The board of elections shall count the provisional | 6111 |
ballot, instead of the uniformed services or overseas absent | 6112 |
voter's ballot, of an elector from whom the | 6113 |
received an identification envelope purporting to contain that | 6114 |
elector's voted uniformed services or overseas absent voter's | 6115 |
ballots, if both of the following apply: | 6116 |
(a) The board of elections determines that the signature of | 6117 |
the elector on the outside of the identification envelope in which | 6118 |
the uniformed services or overseas absent voter's ballots are | 6119 |
enclosed does not match the signature of the elector on the | 6120 |
elector's registration form; | 6121 |
(b) The elector cast a provisional ballot in the precinct on | 6122 |
the day of the election. | 6123 |
(3) If the board of elections does not receive the sealed | 6124 |
identification envelope purporting to contain the elector's voted | 6125 |
uniformed services or overseas absent voter's ballot by the | 6126 |
applicable deadline established under section 3511.11 of the | 6127 |
Revised Code, the provisional ballot cast under section 3505.181 | 6128 |
of the Revised Code in that precinct on the day of the election | 6129 |
shall be counted as valid, if that provisional ballot is otherwise | 6130 |
determined to be valid pursuant to section 3505.183 of the Revised | 6131 |
Code. | 6132 |
(D) If the board of elections counts a provisional ballot | 6133 |
under division (C)(2) or (3) of this section, the returned | 6134 |
identification envelope of that elector shall not be opened, and | 6135 |
the ballot within that envelope shall not be counted. The | 6136 |
identification envelope shall be endorsed "Not Counted" with the | 6137 |
reason the ballot was not counted. | 6138 |
Sec. 3511.14. A board of elections shall accept and process | 6139 |
federal write-in ballots for all federal, state, and local | 6140 |
elections conducted in any year as required under "The Uniformed | 6141 |
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410, | 6142 |
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended. | 6143 |
Sec. 3513.02. If, in any odd-numbered year, no | 6144 |
6145 | |
on the ballot for nomination as a candidate of a political party | 6146 |
for election to any of the offices to be voted for at the general | 6147 |
election to be held in such year, or if the number of persons | 6148 |
6149 | |
appear on the ballot for
| 6150 |
one political party for election to such offices does not exceed, | 6151 |
as to any such office, the number of candidates which such | 6152 |
political party is entitled to nominate as its candidates for | 6153 |
election to such office, then no primary election shall be held | 6154 |
for the purpose of nominating party candidates of such party for | 6155 |
election to offices to be voted for at such general election and | 6156 |
no primary ballots shall be provided for such party. If, however, | 6157 |
the only office for which there are more | 6158 |
6159 | |
the number to be nominated by a political party, is the office of | 6160 |
councilperson in a ward, a primary election shall be held for such | 6161 |
party only in the ward or wards in which there is a contest, and | 6162 |
only the names of the candidates for the office of councilperson | 6163 |
in such ward shall appear on the primary ballot of such political | 6164 |
party. | 6165 |
The election officials whose duty it would have been to | 6166 |
provide for and conduct the holding of such primary election, | 6167 |
declare the results thereof, and issue certificates of nomination | 6168 |
to the persons entitled thereto if such primary election had been | 6169 |
held shall declare each of such persons to be nominated as of the | 6170 |
date of the ninetieth day before the primary election, issue | 6171 |
appropriate certificates of nomination to each of them, and | 6172 |
certify their names to the proper election officials, in order | 6173 |
that their names may be printed on the official ballots provided | 6174 |
for use in the succeeding general election in the same manner as | 6175 |
though such primary election had been held and such persons had | 6176 |
been nominated at such election. | 6177 |
Sec. 3513.131. In the event two or more persons with | 6178 |
identical surnames run for the same office in a primary election | 6179 |
on the same ballot, the names of the candidates shall be | 6180 |
differentiated on the ballot by varying combinations of first and | 6181 |
middle names and initials. Within twenty-four hours after the | 6182 |
final date for filing declarations of candidacy or petitions for | 6183 |
candidacy, the director of the board of elections for local, | 6184 |
municipal, county, general, or special elections, or the director | 6185 |
of the board of elections of the most populous county for | 6186 |
district, general, or special elections, or the secretary of state | 6187 |
for state-wide general and special elections shall notify the | 6188 |
persons with identical given names and surnames that the names of | 6189 |
such persons will be differentiated on the ballot. If one of the | 6190 |
candidates is an incumbent who is a candidate to succeed | 6191 |
self for the office | 6192 |
shall have first choice of the name by which | 6193 |
designated on the ballot. If an incumbent does not make a choice | 6194 |
within two days after notification or if none of the candidates is | 6195 |
an incumbent, the board of elections within three days after | 6196 |
notification shall designate the names by which the candidates are | 6197 |
identified on the ballot. In case of a district candidate the | 6198 |
board of elections in the most populous county shall make the | 6199 |
determination. In case of state-wide candidates, or in the case | 6200 |
any board of elections fails to make a designation within three | 6201 |
days after notification, the secretary of state shall immediately | 6202 |
make the determination. | 6203 |
"Notification" as required by this section shall be by the | 6204 |
director of the board of elections or secretary of state by | 6205 |
6206 | |
address listed in
| 6207 |
candidacy. | 6208 |
Sec. 3513.18. Party primaries shall be held at the same | 6209 |
place and time, but there shall be separate pollbooks | 6210 |
sheets | 6211 |
party participating in the election | 6212 |
6213 | |
6214 | |
6215 | |
6216 | |
6217 | |
6218 |
If a special election on a question or issue is held on the | 6219 |
day of a primary election, there shall be provided in the | 6220 |
pollbooks pages on which shall be recorded the names of all | 6221 |
electors voting on said question or issue and not voting in such | 6222 |
primary. It shall not be necessary for electors desiring to vote | 6223 |
only on the question or issue to declare their political | 6224 |
affiliation. | 6225 |
Sec. 3513.19. (A) It is the duty of any | 6226 |
precinct election official, whenever any | 6227 |
official doubts that a person attempting to vote at a primary | 6228 |
election is legally entitled to vote at that election, to | 6229 |
challenge the right of that person to vote. The right of a person | 6230 |
to vote at a primary election may be challenged upon the following | 6231 |
grounds: | 6232 |
(1) That the person whose right to vote is challenged is not | 6233 |
a legally qualified elector; | 6234 |
(2) That the person has received or has been promised some | 6235 |
valuable reward or consideration for the person's vote; | 6236 |
(3) That the person is not affiliated with or is not a member | 6237 |
of the political party whose ballot the person desires to vote. | 6238 |
Such party affiliation shall be determined by examining the | 6239 |
elector's voting record for the current year and the immediately | 6240 |
preceding two calendar years as shown on the voter's registration | 6241 |
card, using the standards of affiliation specified in the seventh | 6242 |
paragraph of section 3513.05 of the Revised Code. Division (A)(3) | 6243 |
of this section and the seventh paragraph of section 3513.05 of | 6244 |
the Revised Code do not prohibit a person who holds an elective | 6245 |
office for which candidates are nominated at a party primary | 6246 |
election from doing any of the following: | 6247 |
(a) If the person voted as a member of a different political | 6248 |
party at any primary election within the current year and the | 6249 |
immediately preceding two calendar years, being a candidate for | 6250 |
nomination at a party primary held during the times specified in | 6251 |
division (C)(2) of section 3513.191 of the Revised Code provided | 6252 |
that the person complies with the requirements of that section; | 6253 |
(b) Circulating the person's own petition of candidacy for | 6254 |
party nomination in the primary election. | 6255 |
(B) When the right of a person to vote is challenged upon the | 6256 |
ground set forth in division (A)(3) of this section, membership in | 6257 |
or political affiliation with a political party shall be | 6258 |
determined by the person's statement, made under penalty of | 6259 |
election falsification, that the person desires to be affiliated | 6260 |
with and supports the principles of the political party whose | 6261 |
primary ballot the person desires to vote. | 6262 |
Sec. 3513.21. At the close of the polls in a primary | 6263 |
election, the | 6264 |
without delay to canvass the vote, sign and seal it, and make | 6265 |
returns thereof to the board of elections forthwith on the forms | 6266 |
to be provided by the board. The provisions of Title XXXV of the | 6267 |
Revised Code relating to the accounting for and return of all | 6268 |
ballots at general elections apply to primary ballots. | 6269 |
If there is any disagreement as to how a ballot should be | 6270 |
counted it shall be submitted to all of the | 6271 |
election officials. If three of the | 6272 |
officials do not agree as to how any part of the ballot shall be | 6273 |
counted, that part of such ballot which three of the | 6274 |
officials do agree shall be counted and a notation made upon the | 6275 |
ballot indicating what part has not been counted, and shall be | 6276 |
placed in an envelope provided for that purpose, marked "Disputed | 6277 |
Ballots" and returned to the board. | 6278 |
The board shall, on the day when the vote is canvassed, open | 6279 |
such sealed envelopes, determine what ballots and for whom they | 6280 |
should be counted, and proceed to count and tally the votes on | 6281 |
such ballots. | 6282 |
Sec. 3513.30. (A)(1) If only one valid declaration of | 6283 |
candidacy is filed for nomination as a candidate of a political | 6284 |
party for an office and that candidate dies prior to the tenth day | 6285 |
before the primary election, both of the following may occur: | 6286 |
(a) The political party whose candidate died may fill the | 6287 |
vacancy so created as provided in division (A)(2) of this section. | 6288 |
(b) Any major political party other than the one whose | 6289 |
candidate died may select a candidate as provided in division | 6290 |
(A)(2) of this section under either of the following | 6291 |
circumstances: | 6292 |
(i) No person has filed a valid declaration of candidacy for | 6293 |
nomination as that party's candidate at the primary election. | 6294 |
(ii) Only one person has filed a valid declaration of | 6295 |
candidacy for nomination as that party's candidate at the primary | 6296 |
election, that person has withdrawn, died, or been disqualified | 6297 |
under section 3513.052 of the Revised Code, and the vacancy so | 6298 |
created has not been filled. | 6299 |
(2) A vacancy may be filled under division (A)(1)(a) and a | 6300 |
selection may be made under division (A)(1)(b) of this section by | 6301 |
the appropriate committee of the political party in the same | 6302 |
manner as provided in divisions (A) to (E) of section 3513.31 of | 6303 |
the Revised Code for the filling of similar vacancies created by | 6304 |
withdrawals or disqualifications under section 3513.052 of the | 6305 |
Revised Code after the primary election, except that the | 6306 |
certification required under that section may not be filed with | 6307 |
the secretary of state, or with a board of the most populous | 6308 |
county of a district, or with the board of a county in which the | 6309 |
major portion of the population of a subdivision is located, later | 6310 |
than four p.m. of the tenth day before the day of such primary | 6311 |
election, or with any other board later than four p.m. of the | 6312 |
fifth day before the day of such primary election. | 6313 |
(3) If only one valid declaration of candidacy is filed for | 6314 |
nomination as a candidate of a political party for an office and | 6315 |
that candidate dies on or after the tenth day before the day of | 6316 |
the primary election, that candidate is considered to have | 6317 |
received the nomination of that candidate's political party at | 6318 |
that primary election, and, for purposes of filling the vacancy so | 6319 |
created, that candidate's death shall be treated as if that | 6320 |
candidate died on the day after the day of the primary election. | 6321 |
(B) Any person filing a declaration of candidacy may withdraw | 6322 |
as such candidate at any time prior to the primary election. The | 6323 |
withdrawal shall be effected and the statement of withdrawal shall | 6324 |
be filed in accordance with the procedures prescribed in division | 6325 |
(D) of this section for the withdrawal of persons nominated in a | 6326 |
primary election or by nominating petition. | 6327 |
(C) A person who is named the first choice for president of | 6328 |
the United States by a candidate for delegate or alternate to a | 6329 |
national convention of a political party may withdraw consent for | 6330 |
the selection of the person as such first choice no later than | 6331 |
four p.m. of the fortieth day before the day of the presidential | 6332 |
primary election. Withdrawal of consent shall be for the entire | 6333 |
slate of candidates for delegates and alternates who named such | 6334 |
person as their presidential first choice and shall constitute | 6335 |
withdrawal from the primary election by such delegates and | 6336 |
alternates. The withdrawal shall be made in writing and delivered | 6337 |
to the secretary of state. If the withdrawal is delivered to the | 6338 |
secretary of state on or before the seventieth day before the day | 6339 |
of the primary election, the boards of elections shall remove both | 6340 |
the name of the withdrawn first choice and the names of such | 6341 |
withdrawn candidates from the ballots according to the directions | 6342 |
of the secretary of state. If the withdrawal is delivered to the | 6343 |
secretary of state after the seventieth day before the day of the | 6344 |
primary election, the board of elections shall not remove the name | 6345 |
of the withdrawn first choice and the names of the withdrawn | 6346 |
candidates from the ballots. The board of elections shall post a | 6347 |
notice at each polling location on the day of the primary | 6348 |
election, and shall enclose with each absent voter's ballot given | 6349 |
or mailed after the candidate withdraws, a notice that votes for | 6350 |
the withdrawn first choice or the withdrawn candidates will be | 6351 |
void and will not be counted. If such names are not removed from | 6352 |
all ballots before the day of the election, the votes for the | 6353 |
withdrawn first choice or the withdrawn candidates are void and | 6354 |
shall not be counted. | 6355 |
(D) Any person nominated in a primary election or by | 6356 |
nominating petition as a candidate for election at the next | 6357 |
general election may withdraw as such candidate at any time prior | 6358 |
to the general election. Such withdrawal may be effected by the | 6359 |
filing of a written statement by such candidate announcing the | 6360 |
candidate's withdrawal and requesting that the candidate's name | 6361 |
not be printed on the ballots. If such candidate's declaration of | 6362 |
candidacy or nominating petition was filed with the secretary of | 6363 |
state, the candidate's statement of withdrawal shall be addressed | 6364 |
to and filed with the secretary of state. If such candidate's | 6365 |
declaration of candidacy or nominating petition was filed with a | 6366 |
board of elections, the candidate's statement of withdrawal shall | 6367 |
be addressed to and filed with such board. | 6368 |
(E) When a person withdraws under division (B) or (D) of this | 6369 |
section on or before the seventieth day before the day of the | 6370 |
6371 | |
the ballot, the board of elections shall remove the name of the | 6372 |
withdrawn candidate from the ballots according to the directions | 6373 |
of the secretary of state. When a person withdraws under division | 6374 |
(B) or (D) of this section after the seventieth day before the day | 6375 |
of the | 6376 |
appear on the ballot, the board of elections shall not remove the | 6377 |
name of the withdrawn candidate from the ballots. The board of | 6378 |
elections shall post a notice at each polling place on the day of | 6379 |
the | 6380 |
ballot given or mailed after the candidate withdraws, a notice | 6381 |
that votes for the withdrawn candidate will be void and will not | 6382 |
be counted. If the name is not removed from all ballots before the | 6383 |
day of the election, the votes for the withdrawn candidate are | 6384 |
void and shall not be counted. | 6385 |
Sec. 3513.31. (A) If a person nominated in a primary | 6386 |
election as a candidate for election at the next general election, | 6387 |
whose candidacy is to be submitted to the electors of the entire | 6388 |
state, withdraws as that candidate or is disqualified as that | 6389 |
candidate under section 3513.052 of the Revised Code, the vacancy | 6390 |
in the party nomination so created may be filled by the state | 6391 |
central committee of the major political party that made the | 6392 |
nomination at the primary election, if the committee's chairperson | 6393 |
and secretary certify the name of the person selected to fill the | 6394 |
vacancy by the time specified in this division, at a meeting | 6395 |
called for that purpose. The meeting shall be called by the | 6396 |
chairperson of that committee, who shall give each member of the | 6397 |
committee at least two days' notice of the time, place, and | 6398 |
purpose of the meeting. If a majority of the members of the | 6399 |
committee are present at the meeting, a majority of those present | 6400 |
may select a person to fill the vacancy. The chairperson and | 6401 |
secretary of the meeting shall certify in writing and under oath | 6402 |
to the secretary of state, not later than the eighty-sixth day | 6403 |
before the day of the general election, the name of the person | 6404 |
selected to fill the vacancy. The certification must be | 6405 |
accompanied by the written acceptance of the nomination by the | 6406 |
person whose name is certified. A vacancy that may be filled by an | 6407 |
intermediate or minor political party shall be filled in | 6408 |
accordance with the party's rules by authorized officials of the | 6409 |
party. Certification must be made as in the manner provided for a | 6410 |
major political party. | 6411 |
(B) If a person nominated in a primary election as a party | 6412 |
candidate for election at the next general election, whose | 6413 |
candidacy is to be submitted to the electors of a district | 6414 |
comprised of more than one county but less than all of the | 6415 |
counties of the state, withdraws as that candidate or is | 6416 |
disqualified as that candidate under section 3513.052 of the | 6417 |
Revised Code, the vacancy in the party nomination so created may | 6418 |
be filled by a district committee of the major political party | 6419 |
that made the nomination at the primary election, if the | 6420 |
committee's chairperson and secretary certify the name of the | 6421 |
person selected to fill the vacancy by the time specified in this | 6422 |
division, at a meeting called for that purpose. The district | 6423 |
committee shall consist of the chairperson and secretary of the | 6424 |
county central committee of such political party in each county in | 6425 |
the district. The district committee shall be called by the | 6426 |
chairperson of the county central committee of such political | 6427 |
party of the most populous county in the district, who shall give | 6428 |
each member of the district committee at least two days' notice of | 6429 |
the time, place, and purpose of the meeting. If a majority of the | 6430 |
members of the district committee are present at the district | 6431 |
committee meeting, a majority of those present may select a person | 6432 |
to fill the vacancy. The chairperson and secretary of the meeting | 6433 |
shall certify in writing and under oath to the board of elections | 6434 |
of the most populous county in the district, not later than four | 6435 |
p.m. of the eighty-sixth day before the day of the general | 6436 |
election, the name of the person selected to fill the vacancy. The | 6437 |
certification must be accompanied by the written acceptance of the | 6438 |
nomination by the person whose name is certified. A vacancy that | 6439 |
may be filled by an intermediate or minor political party shall be | 6440 |
filled in accordance with the party's rules by authorized | 6441 |
officials of the party. Certification must be made as in the | 6442 |
manner provided for a major political party. | 6443 |
(C) If a person nominated in a primary election as a party | 6444 |
candidate for election at the next general election, whose | 6445 |
candidacy is to be submitted to the electors of a county, | 6446 |
withdraws as that candidate or is disqualified as that candidate | 6447 |
under section 3513.052 of the Revised Code, the vacancy in the | 6448 |
party nomination so created may be filled by the county central | 6449 |
committee of the major political party that made the nomination at | 6450 |
the primary election, or by the county executive committee if so | 6451 |
authorized, if the committee's chairperson and secretary certify | 6452 |
the name of the person selected to fill the vacancy by the time | 6453 |
specified in this division, at a meeting called for that purpose. | 6454 |
The meeting shall be called by the chairperson of that committee, | 6455 |
who shall give each member of the committee at least two days' | 6456 |
notice of the time, place, and purpose of the meeting. If a | 6457 |
majority of the members of the committee are present at the | 6458 |
meeting, a majority of those present may select a person to fill | 6459 |
the vacancy. The chairperson and secretary of the meeting shall | 6460 |
certify in writing and under oath to the board of that county, not | 6461 |
later than four p.m. of the eighty-sixth day before the day of the | 6462 |
general election, the name of the person selected to fill the | 6463 |
vacancy. The certification must be accompanied by the written | 6464 |
acceptance of the nomination by the person whose name is | 6465 |
certified. A vacancy that may be filled by an intermediate or | 6466 |
minor political party shall be filled in accordance with the | 6467 |
party's rules by authorized officials of the party. Certification | 6468 |
must be made as in the manner provided for a major political | 6469 |
party. | 6470 |
(D) If a person nominated in a primary election as a party | 6471 |
candidate for election at the next general election, whose | 6472 |
candidacy is to be submitted to the electors of a district within | 6473 |
a county, withdraws as that candidate or is disqualified as that | 6474 |
candidate under section 3513.052 of the Revised Code, the vacancy | 6475 |
in the party nomination so created may be filled by a district | 6476 |
committee consisting of those members of the county central | 6477 |
committee or, if so authorized, those members of the county | 6478 |
executive committee in that county of the major political party | 6479 |
that made the nomination at the primary election who represent the | 6480 |
precincts or the wards and townships within the district, if the | 6481 |
committee's chairperson and secretary certify the name of the | 6482 |
person selected to fill the vacancy by the time specified in this | 6483 |
division, at a meeting called for that purpose. The district | 6484 |
committee meeting shall be called by the chairperson of the county | 6485 |
central committee or executive committee, as appropriate, who | 6486 |
shall give each member of the district committee at least two | 6487 |
days' notice of the time, place, and purpose of the meeting. If a | 6488 |
majority of the members of the district committee are present at | 6489 |
the district committee meeting, a majority of those present may | 6490 |
select a person to fill the vacancy. The chairperson and secretary | 6491 |
of the district committee meeting shall certify in writing and | 6492 |
under oath to the board of the county, not later than four p.m. of | 6493 |
the eighty-sixth day before the day of the general election, the | 6494 |
name of the person selected to fill the vacancy. The certification | 6495 |
must be accompanied by the written acceptance of the nomination by | 6496 |
the person whose name is certified. A vacancy that may be filled | 6497 |
by an intermediate or minor political party shall be filled in | 6498 |
accordance with the party's rules by authorized officials of the | 6499 |
party. Certification must be made as in the manner provided for a | 6500 |
major political party. | 6501 |
(E) If a person nominated in a primary election as a party | 6502 |
candidate for election at the next general election, whose | 6503 |
candidacy is to be submitted to the electors of a subdivision | 6504 |
within a county, withdraws as that candidate or is disqualified as | 6505 |
that candidate under section 3513.052 of the Revised Code, the | 6506 |
vacancy in the party nomination so created may be filled by a | 6507 |
subdivision committee consisting of those members of the county | 6508 |
central committee or, if so authorized, those members of the | 6509 |
county executive committee in that county of the major political | 6510 |
party that made the nomination at that primary election who | 6511 |
represent the precincts or the wards and townships within that | 6512 |
subdivision, if the committee's chairperson and secretary certify | 6513 |
the name of the person selected to fill the vacancy by the time | 6514 |
specified in this division, at a meeting called for that purpose. | 6515 |
The subdivision committee meeting shall be called by the | 6516 |
chairperson of the county central committee or executive | 6517 |
committee, as appropriate, who shall give each member of the | 6518 |
subdivision committee at least two days' notice of the time, | 6519 |
place, and purpose of the meeting. If a majority of the members of | 6520 |
the subdivision committee are present at the subdivision committee | 6521 |
meeting, a majority of those present may select a person to fill | 6522 |
the vacancy. The chairperson and secretary of the subdivision | 6523 |
committee meeting shall certify in writing and under oath to the | 6524 |
board of the county, not later than four p.m. of the eighty-sixth | 6525 |
day before the day of the general election, the name of the person | 6526 |
selected to fill the vacancy. The certification must be | 6527 |
accompanied by the written acceptance of the nomination by the | 6528 |
person whose name is certified. A vacancy that may be filled by an | 6529 |
intermediate or minor political party shall be filled in | 6530 |
accordance with the party's rules by authorized officials of the | 6531 |
party. Certification must be made in the manner provided for a | 6532 |
major political party. | 6533 |
(F) If a person nominated by petition as an independent or | 6534 |
nonpartisan candidate for election at the next general election | 6535 |
withdraws as that candidate or is disqualified as that candidate | 6536 |
under section 3513.052 of the Revised Code, the vacancy so created | 6537 |
may be filled by a majority of the committee of five, as | 6538 |
designated on the candidate's nominating petition, if a member of | 6539 |
that committee certifies in writing and under oath to the election | 6540 |
officials with whom the candidate filed the candidate's nominating | 6541 |
petition, not later than the eighty-sixth day before the day of | 6542 |
the general election, the name of the person selected to fill the | 6543 |
vacancy. The certification shall be accompanied by the written | 6544 |
acceptance of the nomination by the person whose name is certified | 6545 |
and shall be made in the manner provided for a major political | 6546 |
party. | 6547 |
(G) If a person nominated in a primary election as a party | 6548 |
candidate for election at the next general election dies, the | 6549 |
vacancy so created may be filled by the same committee in the same | 6550 |
manner as provided in this section for the filling of similar | 6551 |
vacancies created by withdrawals or disqualifications under | 6552 |
section 3513.052 of the Revised Code, except that the | 6553 |
certification, when filling a vacancy created by death, may not be | 6554 |
filed with the secretary of state, or with a board of the most | 6555 |
populous county of a district, or with the board of a county in | 6556 |
which the major portion of the population of a subdivision is | 6557 |
located, later than four p.m. of the tenth day before the day of | 6558 |
such general election, or with any other board later than four | 6559 |
p.m. of the fifth day before the day of such general election. | 6560 |
(H) If a person nominated by petition as an independent or | 6561 |
nonpartisan candidate for election at the next general election | 6562 |
dies prior to the tenth day before the day of that general | 6563 |
election, the vacancy so created may be filled by a majority of | 6564 |
the committee of five designated in the nominating petition to | 6565 |
represent the candidate named in it. To fill the vacancy a member | 6566 |
of the committee shall, not later than four p.m. of the fifth day | 6567 |
before the day of the general election, file with the election | 6568 |
officials with whom the petition nominating the person was filed, | 6569 |
a certificate signed and sworn to under oath by a majority of the | 6570 |
members, designating the person they select to fill the vacancy. | 6571 |
The certification must be accompanied by the written acceptance of | 6572 |
the nomination by the person whose name is so certified. | 6573 |
(I) If a person holding an elective office dies | 6574 |
retires, is removed, or otherwise vacates that office subsequent | 6575 |
to the one hundred fifteenth day before the day of a primary | 6576 |
election and prior to the eighty-sixth day before the day of the | 6577 |
next general election, and if, under the laws of this state, a | 6578 |
person may be elected at that general election to fill the | 6579 |
unexpired term | 6580 |
appropriate committee of each political party, acting as in the | 6581 |
case of a vacancy in a party nomination, as provided in divisions | 6582 |
(A) to (D) of this section, may select a person as the party | 6583 |
candidate for election for such unexpired term at that general | 6584 |
election, and certify the person's name to the appropriate | 6585 |
election official not later than four p.m. on the eighty-sixth day | 6586 |
before the day of that general election, or on the tenth day | 6587 |
following the day on which the vacancy occurs, whichever is later. | 6588 |
When the vacancy occurs on or subsequent to the eighty-sixth day | 6589 |
and prior to the fifty-sixth day before the general election, the | 6590 |
appropriate committee may select a person as the party candidate | 6591 |
and certify the person's name, as provided in the preceding | 6592 |
sentence, not later than four p.m. on the fiftieth day before the | 6593 |
general election. Thereupon the name shall be printed as the party | 6594 |
candidate under proper titles and in the proper place on the | 6595 |
proper ballots for use at the election. If a person has been | 6596 |
nominated in a primary election, the authorized committee of that | 6597 |
political party shall not select and certify a person as the party | 6598 |
candidate. | 6599 |
(J) Each person desiring to become an independent candidate | 6600 |
to fill the unexpired term shall file a statement of candidacy and | 6601 |
nominating petition, as provided in section 3513.261 of the | 6602 |
Revised Code, with the appropriate election official not later | 6603 |
than four p.m. on the tenth day following the day on which the | 6604 |
vacancy occurs, provided that when the vacancy occurs fewer than | 6605 |
six days before the fifty-sixth day before the general election, | 6606 |
the deadline for filing shall be four p.m. on the fiftieth day | 6607 |
before the general election. The nominating petition shall contain | 6608 |
at least seven hundred fifty signatures and no more than one | 6609 |
thousand five hundred signatures of qualified electors of the | 6610 |
district, political subdivision, or portion of a political | 6611 |
subdivision in which the office is to be voted upon, or the amount | 6612 |
provided for in section 3513.257 of the Revised Code, whichever is | 6613 |
less. | 6614 |
(K) When a person nominated as a candidate by a political | 6615 |
party in a primary election or by nominating petition for an | 6616 |
elective office for which candidates are nominated at a party | 6617 |
primary election withdraws, dies, or is disqualified under section | 6618 |
3513.052 of the Revised Code prior to the general election, the | 6619 |
appropriate committee of any other major political party or | 6620 |
committee of five that has not nominated a candidate for that | 6621 |
office, or whose nominee as a candidate for that office has | 6622 |
withdrawn, died, or been disqualified without the vacancy so | 6623 |
created having been filled, may, acting as in the case of a | 6624 |
vacancy in a party nomination or nomination by petition as | 6625 |
provided in divisions (A) to (F) of this section, whichever is | 6626 |
appropriate, select a person as a candidate of that party or of | 6627 |
that committee of five for election to the office. | 6628 |
Sec. 3515.04. At the time and place fixed for making a | 6629 |
recount, the board of elections, in the presence of all observers | 6630 |
who may be in attendance, shall open the sealed containers | 6631 |
containing the ballots to be recounted, and shall recount them.
| 6632 |
6633 | |
6634 | |
6635 | |
6636 | |
6637 | |
6638 | |
board or by the director or other employees of the board. | 6639 |
Observers shall be permitted to see the ballots, but they shall | 6640 |
not be permitted to touch them, and the board shall not permit the | 6641 |
counting or tabulation of votes shown on the ballots for any | 6642 |
nomination, or for election to any office or position, or upon any | 6643 |
question or issue, other than the votes shown on such ballots for | 6644 |
the nomination, election, question, or issue concerning which a | 6645 |
recount of ballots was applied for. | 6646 |
At any time before the ballots from all of the precincts | 6647 |
listed in an application for the recount or involved in a recount | 6648 |
pursuant to section 3515.011 of the Revised Code have been | 6649 |
recounted, the applicant or declared losing candidate or nominee | 6650 |
or each of the declared losing candidates or nominees entitled to | 6651 |
file a request prior to the commencement of a recount, as provided | 6652 |
in section 3515.03 of the Revised Code, may file with the board a | 6653 |
written request to stop the recount and not recount the ballots | 6654 |
from the precincts so listed that have not been recounted prior to | 6655 |
the time of the request. If, upon the request, the board finds | 6656 |
that results of the votes in the precincts recounted, if | 6657 |
substituted for the results of the votes in those precincts as | 6658 |
shown in the abstract of the votes in those precincts, would not | 6659 |
cause the applicant, if a person for whom votes were cast for | 6660 |
nomination or election, to be declared nominated or elected or if | 6661 |
an election upon a question or issue would not cause a result | 6662 |
contrary to the result as declared prior to such recount, it shall | 6663 |
grant the request and shall not recount the ballots of the | 6664 |
precincts listed in the application for recount that have not been | 6665 |
recounted prior to that time. If the board finds otherwise, it | 6666 |
shall deny the request and shall continue to recount ballots until | 6667 |
the ballots from all of the precincts listed in the application | 6668 |
for recount have been recounted; provided that, if the request is | 6669 |
denied, it may be renewed from time to time. Upon any such | 6670 |
renewal, the board shall consider and act upon the request in the | 6671 |
same manner as provided in this section in connection with an | 6672 |
original request. | 6673 |
| 6674 |
6675 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 6676 |
Title XXXV of the Revised Code is any group of voters that, at the | 6677 |
most recent regular state election, polled for its candidate for | 6678 |
governor in the state or nominees for presidential electors at | 6679 |
least five per cent of the entire vote cast for that office or | 6680 |
that filed with the secretary of state, subsequent to any election | 6681 |
in which it received less than five per cent of that vote, a | 6682 |
petition signed by qualified electors equal in number to at least | 6683 |
one-quarter of one per cent of the total vote for governor or | 6684 |
nominees for presidential electors at the most recent election, | 6685 |
declaring their intention of organizing a political party, the | 6686 |
name of which shall be stated in the declaration, and of | 6687 |
participating in the succeeding primary election, held in | 6688 |
even-numbered years, that occurs more than one hundred | 6689 |
after the date of filing, and filing a subsequent petition signed | 6690 |
by qualified electors equal in number to at least an additional | 6691 |
one-quarter of one per cent of the total vote for governor or | 6692 |
nominees for presidential electors at the most recent election not | 6693 |
later than ninety days before the day of that primary election. | 6694 |
No such group of electors shall assume a name or designation | 6695 |
that is similar, in the opinion of the secretary of state, to that | 6696 |
of an existing political party as to confuse or mislead the voters | 6697 |
at an election. If any political party fails to cast five per cent | 6698 |
of the total vote cast at an election for the office of governor | 6699 |
or president, it shall cease to be a political party. | 6700 |
(2) A campaign committee shall be legally liable for any | 6701 |
debts, contracts, or expenditures incurred or executed in its | 6702 |
name. | 6703 |
(B) Notwithstanding the definitions found in section 3501.01 | 6704 |
of the Revised Code, as used in this section and sections 3517.08 | 6705 |
to 3517.14, 3517.99, and 3517.992 of the Revised Code: | 6706 |
(1) "Campaign committee" means a candidate or a combination | 6707 |
of two or more persons authorized by a candidate under section | 6708 |
3517.081 of the Revised Code to receive contributions and make | 6709 |
expenditures. | 6710 |
(2) "Campaign treasurer" means an individual appointed by a | 6711 |
candidate under section 3517.081 of the Revised Code. | 6712 |
(3) "Candidate" has the same meaning as in division (H) of | 6713 |
section 3501.01 of the Revised Code and also includes any person | 6714 |
who, at any time before or after an election, receives | 6715 |
contributions or makes expenditures or other use of contributions, | 6716 |
has given consent for another to receive contributions or make | 6717 |
expenditures or other use of contributions, or appoints a campaign | 6718 |
treasurer, for the purpose of bringing about the person's | 6719 |
nomination or election to public office. When two persons jointly | 6720 |
seek the offices of governor and lieutenant governor, "candidate" | 6721 |
means the pair of candidates jointly. "Candidate" does not include | 6722 |
candidates for election to the offices of member of a county or | 6723 |
state central committee, presidential elector, and delegate to a | 6724 |
national convention or conference of a political party. | 6725 |
(4) "Continuing association" means an association, other than | 6726 |
a campaign committee, political party, legislative campaign fund, | 6727 |
political contributing entity, or labor organization, that is | 6728 |
intended to be a permanent organization that has a primary purpose | 6729 |
other than supporting or opposing specific candidates, political | 6730 |
parties, or ballot issues, and that functions on a regular basis | 6731 |
throughout the year. "Continuing association" includes | 6732 |
organizations that are determined to be not organized for profit | 6733 |
under subsection 501 and that are described in subsection | 6734 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 6735 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 6736 |
of indebtedness, donation, advance, payment, or transfer of funds | 6737 |
or anything of value, including a transfer of funds from an inter | 6738 |
vivos or testamentary trust or decedent's estate, and the payment | 6739 |
by any person other than the person to whom the services are | 6740 |
rendered for the personal services of another person, which | 6741 |
contribution is made, received, or used for the purpose of | 6742 |
influencing the results of an election. Any loan, gift, deposit, | 6743 |
forgiveness of indebtedness, donation, advance, payment, or | 6744 |
transfer of funds or of anything of value, including a transfer of | 6745 |
funds from an inter vivos or testamentary trust or decedent's | 6746 |
estate, and the payment by any campaign committee, political | 6747 |
action committee, legislative campaign fund, political party, | 6748 |
political contributing entity, or person other than the person to | 6749 |
whom the services are rendered for the personal services of | 6750 |
another person, that is made, received, or used by a state or | 6751 |
county political party, other than moneys a state or county | 6752 |
political party receives from the Ohio political party fund | 6753 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 6754 |
state or county political party may receive under sections | 6755 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 6756 |
considered to be a "contribution" for the purpose of section | 6757 |
3517.10 of the Revised Code and shall be included on a statement | 6758 |
of contributions filed under that section. | 6759 |
"Contribution" does not include any of the following: | 6760 |
(a) Services provided without compensation by individuals | 6761 |
volunteering a portion or all of their time on behalf of a person; | 6762 |
(b) Ordinary home hospitality; | 6763 |
(c) The personal expenses of a volunteer paid for by that | 6764 |
volunteer campaign worker; | 6765 |
(d) Any gift given to a state or county political party | 6766 |
pursuant to section 3517.101 of the Revised Code. As used in | 6767 |
division (B)(5)(d) of this section, "political party" means only a | 6768 |
major political party; | 6769 |
(e) Any contribution as defined in section 3517.1011 of the | 6770 |
Revised Code that is made, received, or used to pay the direct | 6771 |
costs of producing or airing an electioneering communication; | 6772 |
(f) Any gift given to a state or county political party for | 6773 |
the party's restricted fund under division (A)(2) of section | 6774 |
3517.1012 of the Revised Code; | 6775 |
(g) Any gift given to a state political party for deposit in | 6776 |
a Levin account pursuant to section 3517.1013 of the Revised Code. | 6777 |
As used in this division, "Levin account" has the same meaning as | 6778 |
in that section. | 6779 |
(h) Any donation given to a transition fund under section | 6780 |
3517.1014 of the Revised Code. | 6781 |
(6) "Expenditure" means the disbursement or use of a | 6782 |
contribution for the purpose of influencing the results of an | 6783 |
election or of making a charitable donation under division (G) of | 6784 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 6785 |
contribution by a state or county political party is an | 6786 |
expenditure and shall be considered either to be made for the | 6787 |
purpose of influencing the results of an election or to be made as | 6788 |
a charitable donation under division (G) of section 3517.08 of the | 6789 |
Revised Code and shall be reported on a statement of expenditures | 6790 |
filed under section 3517.10 of the Revised Code. During the thirty | 6791 |
days preceding a primary or general election, any disbursement to | 6792 |
pay the direct costs of producing or airing a broadcast, cable, or | 6793 |
satellite communication that refers to a clearly identified | 6794 |
candidate shall be considered to be made for the purpose of | 6795 |
influencing the results of that election and shall be reported as | 6796 |
an expenditure or as an independent expenditure under section | 6797 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 6798 |
that the information required to be reported regarding | 6799 |
contributors for those expenditures or independent expenditures | 6800 |
shall be the same as the information required to be reported under | 6801 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 6802 |
As used in this division, "broadcast, cable, or satellite | 6803 |
communication" and "refers to a clearly identified candidate" have | 6804 |
the same meanings as in section 3517.1011 of the Revised Code. | 6805 |
(7) "Personal expenses" includes, but is not limited to, | 6806 |
ordinary expenses for accommodations, clothing, food, personal | 6807 |
motor vehicle or airplane, and home telephone. | 6808 |
(8) "Political action committee" means a combination of two | 6809 |
or more persons, the primary or major purpose of which is to | 6810 |
support or oppose any candidate, political party, or issue, or to | 6811 |
influence the result of any election through express advocacy, and | 6812 |
that is not a political party, a campaign committee, a political | 6813 |
contributing entity, or a legislative campaign fund. "Political | 6814 |
action committee" does not include either of the following: | 6815 |
(a) A continuing association that makes disbursements for the | 6816 |
direct costs of producing or airing electioneering communications | 6817 |
and that does not engage in express advocacy; | 6818 |
(b) A political club that is formed primarily for social | 6819 |
purposes and that consists of one hundred members or less, has | 6820 |
officers and periodic meetings, has less than two thousand five | 6821 |
hundred dollars in its treasury at all times, and makes an | 6822 |
aggregate total contribution of one thousand dollars or less per | 6823 |
calendar year. | 6824 |
(9) "Public office" means any state, county, municipal, | 6825 |
township, or district office, except an office of a political | 6826 |
party, that is filled by an election and the offices of United | 6827 |
States senator and representative. | 6828 |
(10) "Anything of value" has the same meaning as in section | 6829 |
1.03 of the Revised Code. | 6830 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 6831 |
public official or employee for whose benefit a campaign fund | 6832 |
exists, and any other person who has ever been a candidate or | 6833 |
public official or employee and for whose benefit a campaign fund | 6834 |
exists. | 6835 |
(12) "Campaign fund" means money or other property, including | 6836 |
contributions. | 6837 |
(13) "Public official or employee" has the same meaning as in | 6838 |
section 102.01 of the Revised Code. | 6839 |
(14) "Caucus" means all of the members of the house of | 6840 |
representatives or all of the members of the senate of the general | 6841 |
assembly who are members of the same political party. | 6842 |
(15) "Legislative campaign fund" means a fund that is | 6843 |
established as an auxiliary of a state political party and | 6844 |
associated with one of the houses of the general assembly. | 6845 |
(16) "In-kind contribution" means anything of value other | 6846 |
than money that is used to influence the results of an election or | 6847 |
is transferred to or used in support of or in opposition to a | 6848 |
candidate, campaign committee, legislative campaign fund, | 6849 |
political party, political action committee, or political | 6850 |
contributing entity and that is made with the consent of, in | 6851 |
coordination, cooperation, or consultation with, or at the request | 6852 |
or suggestion of the benefited candidate, committee, fund, party, | 6853 |
or entity. The financing of the dissemination, distribution, or | 6854 |
republication, in whole or part, of any broadcast or of any | 6855 |
written, graphic, or other form of campaign materials prepared by | 6856 |
the candidate, the candidate's campaign committee, or their | 6857 |
authorized agents is an in-kind contribution to the candidate and | 6858 |
an expenditure by the candidate. | 6859 |
(17) "Independent expenditure" means an expenditure by a | 6860 |
person advocating the election or defeat of an identified | 6861 |
candidate or candidates, that is not made with the consent of, in | 6862 |
coordination, cooperation, or consultation with, or at the request | 6863 |
or suggestion of any candidate or candidates or of the campaign | 6864 |
committee or agent of the candidate or candidates. As used in | 6865 |
division (B)(17) of this section: | 6866 |
(a) "Person" means an individual, partnership, unincorporated | 6867 |
business organization or association, political action committee, | 6868 |
political contributing entity, separate segregated fund, | 6869 |
association, or other organization or group of persons, but not a | 6870 |
labor organization or a corporation unless the labor organization | 6871 |
or corporation is a political contributing entity. | 6872 |
(b) "Advocating" means any communication containing a message | 6873 |
advocating election or defeat. | 6874 |
(c) "Identified candidate" means that the name of the | 6875 |
candidate appears, a photograph or drawing of the candidate | 6876 |
appears, or the identity of the candidate is otherwise apparent by | 6877 |
unambiguous reference. | 6878 |
(d) "Made in coordination, cooperation, or consultation with, | 6879 |
or at the request or suggestion of, any candidate or the campaign | 6880 |
committee or agent of the candidate" means made pursuant to any | 6881 |
arrangement, coordination, or direction by the candidate, the | 6882 |
candidate's campaign committee, or the candidate's agent prior to | 6883 |
the publication, distribution, display, or broadcast of the | 6884 |
communication. An expenditure is presumed to be so made when it is | 6885 |
any of the following: | 6886 |
(i) Based on information about the candidate's plans, | 6887 |
projects, or needs provided to the person making the expenditure | 6888 |
by the candidate, or by the candidate's campaign committee or | 6889 |
agent, with a view toward having an expenditure made; | 6890 |
(ii) Made by or through any person who is, or has been, | 6891 |
authorized to raise or expend funds, who is, or has been, an | 6892 |
officer of the candidate's campaign committee, or who is, or has | 6893 |
been, receiving any form of compensation or reimbursement from the | 6894 |
candidate or the candidate's campaign committee or agent; | 6895 |
(iii) Except as otherwise provided in division (D) of section | 6896 |
3517.105 of the Revised Code, made by a political party in support | 6897 |
of a candidate, unless the expenditure is made by a political | 6898 |
party to conduct voter registration or voter education efforts. | 6899 |
(e) "Agent" means any person who has actual oral or written | 6900 |
authority, either express or implied, to make or to authorize the | 6901 |
making of expenditures on behalf of a candidate, or means any | 6902 |
person who has been placed in a position with the candidate's | 6903 |
campaign committee or organization such that it would reasonably | 6904 |
appear that in the ordinary course of campaign-related activities | 6905 |
the person may authorize expenditures. | 6906 |
(18) "Labor organization" means a labor union; an employee | 6907 |
organization; a federation of labor unions, groups, locals, or | 6908 |
other employee organizations; an auxiliary of a labor union, | 6909 |
employee organization, or federation of labor unions, groups, | 6910 |
locals, or other employee organizations; or any other bona fide | 6911 |
organization in which employees participate and that exists for | 6912 |
the purpose, in whole or in part, of dealing with employers | 6913 |
concerning grievances, labor disputes, wages, hours, and other | 6914 |
terms and conditions of employment. | 6915 |
(19) "Separate segregated fund" means a separate segregated | 6916 |
fund established pursuant to the Federal Election Campaign Act. | 6917 |
(20) "Federal Election Campaign Act" means the "Federal | 6918 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 6919 |
seq., as amended. | 6920 |
(21) "Restricted fund" means the fund a state or county | 6921 |
political party must establish under division (A)(1) of section | 6922 |
3517.1012 of the Revised Code. | 6923 |
(22) "Electioneering communication" has the same meaning as | 6924 |
in section 3517.1011 of the Revised Code. | 6925 |
(23) "Express advocacy" means a communication that contains | 6926 |
express words advocating the nomination, election, or defeat of a | 6927 |
candidate or that contains express words advocating the adoption | 6928 |
or defeat of a question or issue, as determined by a final | 6929 |
judgment of a court of competent jurisdiction. | 6930 |
(24) "Political committee" has the same meaning as in section | 6931 |
3517.1011 of the Revised Code. | 6932 |
(25) "Political contributing entity" means any entity, | 6933 |
including a corporation or labor organization, that may lawfully | 6934 |
make contributions and expenditures and that is not an individual | 6935 |
or a political action committee, continuing association, campaign | 6936 |
committee, political party, legislative campaign fund, designated | 6937 |
state campaign committee, or state candidate fund. For purposes of | 6938 |
this division, "lawfully" means not prohibited by any section of | 6939 |
the Revised Code, or authorized by a final judgment of a court of | 6940 |
competent jurisdiction. | 6941 |
Sec. 3517.012. (A) When a petition meeting the requirements | 6942 |
of division (A)(1)(a) of section 3517.01 of the Revised Code | 6943 |
declaring the intention to organize a political party is filed | 6944 |
with the secretary of state, the new party comes into legal | 6945 |
existence on the date of filing and is entitled to hold a primary | 6946 |
election as set out in section 3513.01 of the Revised Code, at the | 6947 |
primary election, held in even-numbered years that occurs more | 6948 |
than one hundred | 6949 |
(B) When a petition meeting the requirements of division | 6950 |
(A)(1)(b) of section 3517.01 of the Revised Code declaring the | 6951 |
intention to organize a political party is filed with the | 6952 |
secretary of state, the new party comes into legal existence on | 6953 |
the date of filing and is entitled to certify the names of | 6954 |
candidates for president and vice-president for the general | 6955 |
election ballot, as specified in division (B)(3) of section | 6956 |
3505.10 of the Revised Code, at the general election, held in the | 6957 |
year in which a presidential primary election is conducted, that | 6958 |
occurs more than eighty days after the date of filing. | 6959 |
Sec. 3517.211. (A) No elected official of a county, township, | 6960 |
municipal corporation, board of education, governing board of an | 6961 |
educational service center, or other local political subdivision | 6962 |
shall, during the ninety days before that elected official's name | 6963 |
appears on the ballot at an election, produce or disseminate any | 6964 |
mass mailing or any form of advertising from the official's office | 6965 |
that includes the name or photograph of the elected official. A | 6966 |
document or any form of advertising produced or disseminated | 6967 |
during the ninety-day restricted period may include the name of | 6968 |
the office the official holds, but shall not include the name or | 6969 |
photograph of the official. | 6970 |
(B) No violation of division (A) of this section occurs, and | 6971 |
no fine shall be imposed under section 3517.992 of the Revised | 6972 |
Code, if an elected official who is subject to the provisions of | 6973 |
division (A) of this section sends out normal office | 6974 |
correspondence using office letterhead that is issued on a regular | 6975 |
schedule throughout the year during the ninety days before the | 6976 |
date of any election at which the elected official's name will | 6977 |
appear on the ballot. | 6978 |
Sec. 3517.992. This section establishes penalties only with | 6979 |
respect to acts or failures to act that occur on and after August | 6980 |
24, 1995. | 6981 |
(A)(1) A candidate whose campaign committee violates division | 6982 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 6983 |
or a treasurer of a campaign committee who violates any of those | 6984 |
divisions, shall be fined not more than one hundred dollars for | 6985 |
each day of violation. | 6986 |
(2) Whoever violates division (E) or (X)(5) of section | 6987 |
3517.13 or division (E)(1) of section 3517.1014 of the Revised | 6988 |
Code shall be fined not more than one hundred dollars for each day | 6989 |
of violation. | 6990 |
(B) A political party that violates division (F)(1) of | 6991 |
section 3517.101 of the Revised Code shall be fined not more than | 6992 |
one hundred dollars for each day of violation. | 6993 |
(C) Whoever violates division (F)(2) of section 3517.101, | 6994 |
division (G) of section 3517.13, or division (E)(2) or (3) of | 6995 |
section 3517.1014 of the Revised Code shall be fined not more than | 6996 |
ten thousand dollars or, if the offender is a person who was | 6997 |
nominated or elected to public office, shall forfeit the | 6998 |
nomination or the office to which the offender was elected, or | 6999 |
both. | 7000 |
(D) Whoever violates division (F) of section 3517.13 of the | 7001 |
Revised Code shall be fined not more than three times the amount | 7002 |
contributed. | 7003 |
(E) Whoever violates division (H) of section 3517.13 of the | 7004 |
Revised Code shall be fined not more than one hundred dollars. | 7005 |
(F) Whoever violates division (O), (P), or (Q) of section | 7006 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 7007 |
first degree. | 7008 |
(G) A state or county committee of a political party that | 7009 |
violates division (B)(1) of section 3517.18 of the Revised Code | 7010 |
shall be fined not more than twice the amount of the improper | 7011 |
expenditure. | 7012 |
(H) A state or county political party that violates division | 7013 |
(G) of section 3517.101 of the Revised Code shall be fined not | 7014 |
more than twice the amount of the improper expenditure or use. | 7015 |
(I)(1) Any individual who violates division (B)(1) of section | 7016 |
3517.102 of the Revised Code and knows that the contribution the | 7017 |
individual makes violates that division shall be fined an amount | 7018 |
equal to three times the amount contributed in excess of the | 7019 |
amount permitted by that division. | 7020 |
(2) Any political action committee that violates division | 7021 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 7022 |
amount equal to three times the amount contributed in excess of | 7023 |
the amount permitted by that division. | 7024 |
(3) Any campaign committee that violates division (B)(3) or | 7025 |
(5) of section 3517.102 of the Revised Code shall be fined an | 7026 |
amount equal to three times the amount contributed in excess of | 7027 |
the amount permitted by that division. | 7028 |
(4)(a) Any legislative campaign fund that violates division | 7029 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 7030 |
amount equal to three times the amount transferred or contributed | 7031 |
in excess of the amount permitted by that division, as applicable. | 7032 |
(b) Any state political party, county political party, or | 7033 |
state candidate fund of a state political party or county | 7034 |
political party that violates division (B)(6) of section 3517.102 | 7035 |
of the Revised Code shall be fined an amount equal to three times | 7036 |
the amount transferred or contributed in excess of the amount | 7037 |
permitted by that division, as applicable. | 7038 |
(c) Any political contributing entity that violates division | 7039 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 7040 |
amount equal to three times the amount contributed in excess of | 7041 |
the amount permitted by that division. | 7042 |
(5) Any political party that violates division (B)(4) of | 7043 |
section 3517.102 of the Revised Code shall be fined an amount | 7044 |
equal to three times the amount contributed in excess of the | 7045 |
amount permitted by that division. | 7046 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 7047 |
of this section, no violation of division (B) of section 3517.102 | 7048 |
of the Revised Code occurs, and the secretary of state shall not | 7049 |
refer parties to the Ohio elections commission, if the amount | 7050 |
transferred or contributed in excess of the amount permitted by | 7051 |
that division meets either of the following conditions: | 7052 |
(a) It is completely refunded within five business days after | 7053 |
it is accepted. | 7054 |
(b) It is completely refunded on or before the tenth business | 7055 |
day after notification to the recipient of the excess transfer or | 7056 |
contribution by the board of elections or the secretary of state | 7057 |
that a transfer or contribution in excess of the permitted amount | 7058 |
has been received. | 7059 |
(J)(1) Any campaign committee that violates division (C)(1), | 7060 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 7061 |
fined an amount equal to three times the amount accepted in excess | 7062 |
of the amount permitted by that division. | 7063 |
(2)(a) Any county political party that violates division | 7064 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 7065 |
shall be fined an amount equal to three times the amount accepted. | 7066 |
(b) Any county political party that violates division | 7067 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 7068 |
fined an amount from its state candidate fund equal to three times | 7069 |
the amount accepted in excess of the amount permitted by that | 7070 |
division. | 7071 |
(c) Any state political party that violates division | 7072 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 7073 |
an amount from its state candidate fund equal to three times the | 7074 |
amount accepted in excess of the amount permitted by that | 7075 |
division. | 7076 |
(3) Any legislative campaign fund that violates division | 7077 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 7078 |
amount equal to three times the amount accepted in excess of the | 7079 |
amount permitted by that division. | 7080 |
(4) Any political action committee or political contributing | 7081 |
entity that violates division (C)(7) of section 3517.102 of the | 7082 |
Revised Code shall be fined an amount equal to three times the | 7083 |
amount accepted in excess of the amount permitted by that | 7084 |
division. | 7085 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 7086 |
this section, no violation of division (C) of section 3517.102 of | 7087 |
the Revised Code occurs, and the secretary of state shall not | 7088 |
refer parties to the Ohio elections commission, if the amount | 7089 |
transferred or contributed in excess of the amount permitted to be | 7090 |
accepted by that division meets either of the following | 7091 |
conditions: | 7092 |
(a) It is completely refunded within five business days after | 7093 |
its acceptance. | 7094 |
(b) It is completely refunded on or before the tenth business | 7095 |
day after notification to the recipient of the excess transfer or | 7096 |
contribution by the board of elections or the secretary of state | 7097 |
that a transfer or contribution in excess of the permitted amount | 7098 |
has been received. | 7099 |
(K)(1) Any legislative campaign fund that violates division | 7100 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 7101 |
twenty-five dollars for each day of violation. | 7102 |
(2) Any legislative campaign fund that violates division | 7103 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 7104 |
treasurer of state for deposit into the state treasury to the | 7105 |
credit of the Ohio elections commission fund all excess | 7106 |
contributions not disposed of as required by division (E) of | 7107 |
section 3517.102 of the Revised Code. | 7108 |
(L) Whoever violates section 3517.105 of the Revised Code | 7109 |
shall be fined one thousand dollars. | 7110 |
(M)(1) Whoever solicits a contribution in violation of | 7111 |
section 3517.092 or violates division (B) of section 3517.09 of | 7112 |
the Revised Code is guilty of a misdemeanor of the first degree. | 7113 |
(2) Whoever knowingly accepts a contribution in violation of | 7114 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 7115 |
be fined an amount equal to three times the amount accepted in | 7116 |
violation of either of those divisions and shall return to the | 7117 |
contributor any amount so accepted. Whoever unknowingly accepts a | 7118 |
contribution in violation of division (B) or (C) of section | 7119 |
3517.092 of the Revised Code shall return to the contributor any | 7120 |
amount so accepted. | 7121 |
(N) Whoever violates division (S) of section 3517.13 of the | 7122 |
Revised Code shall be fined an amount equal to three times the | 7123 |
amount of funds transferred or three times the value of the assets | 7124 |
transferred in violation of that division. | 7125 |
(O) Any campaign committee that accepts a contribution or | 7126 |
contributions in violation of section 3517.108 of the Revised | 7127 |
Code, uses a contribution in violation of that section, or fails | 7128 |
to dispose of excess contributions in violation of that section | 7129 |
shall be fined an amount equal to three times the amount accepted, | 7130 |
used, or kept in violation of that section. | 7131 |
(P) Any political party, state candidate fund, legislative | 7132 |
candidate fund, or campaign committee that violates division (T) | 7133 |
of section 3517.13 of the Revised Code shall be fined an amount | 7134 |
equal to three times the amount contributed or accepted in | 7135 |
violation of that section. | 7136 |
(Q) A treasurer of a committee or another person who violates | 7137 |
division (U) of section 3517.13 of the Revised Code shall be fined | 7138 |
not more than two hundred fifty dollars. | 7139 |
(R) Whoever violates division (I) or (J) of section 3517.13 | 7140 |
of the Revised Code shall be fined not more than one thousand | 7141 |
dollars. Whenever a person is found guilty of violating division | 7142 |
(I) or (J) of section 3517.13 of the Revised Code, the contract | 7143 |
awarded in violation of either of those divisions shall be | 7144 |
rescinded if its terms have not yet been performed. | 7145 |
(S) A candidate whose campaign committee violates or a | 7146 |
treasurer of a campaign committee who violates section 3517.081 of | 7147 |
the Revised Code, and a candidate whose campaign committee | 7148 |
violates or a treasurer of a campaign committee or another person | 7149 |
who violates division (C) of section 3517.10 of the Revised Code, | 7150 |
shall be fined not more than five hundred dollars. | 7151 |
(T) A candidate whose campaign committee violates or a | 7152 |
treasurer of a committee who violates division (B) of section | 7153 |
3517.09 of the Revised Code, or a candidate whose campaign | 7154 |
committee violates or a treasurer of a campaign committee or | 7155 |
another person who violates division (C) of section 3517.09 of the | 7156 |
Revised Code shall be fined not more than one thousand dollars. | 7157 |
(U) Whoever violates section 3517.20 of the Revised Code | 7158 |
shall be fined not more than five hundred dollars. | 7159 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 7160 |
Revised Code shall be imprisoned for not more than six months or | 7161 |
fined not more than five thousand dollars, or both. | 7162 |
(W) A campaign committee that is required to file a | 7163 |
declaration of no limits under division (D)(2) of section 3517.103 | 7164 |
of the Revised Code that, before filing that declaration, accepts | 7165 |
a contribution or contributions that exceed the limitations | 7166 |
prescribed in section 3517.102 of the Revised Code, shall return | 7167 |
that contribution or those contributions to the contributor. | 7168 |
(X) Any campaign committee that fails to file the declaration | 7169 |
of filing-day finances required by division (F) of section | 7170 |
3517.109 of the Revised Code or the declaration of primary-day | 7171 |
finances or declaration of year-end finances required by division | 7172 |
(E) of section 3517.1010 of the Revised Code shall be fined | 7173 |
twenty-five dollars for each day of violation. | 7174 |
(Y)(1) Any campaign committee that fails to dispose of excess | 7175 |
funds or excess aggregate contributions under division (B) of | 7176 |
section 3517.109 of the Revised Code in the manner required by | 7177 |
division (C) of that section or under division (B) of section | 7178 |
3517.1010 of the Revised Code in the manner required by division | 7179 |
(C) of that section shall give to the treasurer of state for | 7180 |
deposit into the Ohio elections commission fund created under | 7181 |
division (I) of section 3517.152 of the Revised Code all funds not | 7182 |
disposed of pursuant to those divisions. | 7183 |
(2) Any treasurer of a transition fund that fails to dispose | 7184 |
of assets remaining in the transition fund as required under | 7185 |
division (H)(1) or (2) of section 3517.1014 of the Revised Code | 7186 |
shall give to the treasurer of state for deposit into the Ohio | 7187 |
elections commission fund all assets not disposed of pursuant to | 7188 |
that division. | 7189 |
(Z) Any individual, campaign committee, political action | 7190 |
committee, political contributing entity, legislative campaign | 7191 |
fund, political party, treasurer of a transition fund, or other | 7192 |
entity that violates any provision of sections 3517.09 to 3517.12 | 7193 |
of the Revised Code for which no penalty is provided for under any | 7194 |
other division of this section shall be fined not more than one | 7195 |
thousand dollars. | 7196 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 7197 |
3517.13 of the Revised Code shall be fined an amount equal to | 7198 |
three times the amount contributed, expended, or promised in | 7199 |
violation of that division or ten thousand dollars, whichever | 7200 |
amount is greater. | 7201 |
(2) Whoever knowingly violates division (W)(2) of section | 7202 |
3517.13 of the Revised Code shall be fined an amount equal to | 7203 |
three times the amount solicited or accepted in violation of that | 7204 |
division or ten thousand dollars, whichever amount is greater. | 7205 |
(BB) Whoever knowingly violates division (C) or (D) of | 7206 |
section 3517.1011 of the Revised Code shall be fined not more than | 7207 |
ten thousand dollars plus not more than one thousand dollars for | 7208 |
each day of violation. | 7209 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 7210 |
violates division (H) of section 3517.1011 of the Revised Code | 7211 |
shall be fined an amount up to three times the amount disbursed | 7212 |
for the direct costs of airing the communication made in violation | 7213 |
of that division. | 7214 |
(2) Whoever has been ordered by the Ohio elections commission | 7215 |
or by a court of competent jurisdiction to cease making | 7216 |
communications in violation of division (H) of section 3517.1011 | 7217 |
of the Revised Code who again violates that division shall be | 7218 |
fined an amount equal to three times the amount disbursed for the | 7219 |
direct costs of airing the communication made in violation of that | 7220 |
division. | 7221 |
(DD)(1) Any corporation or labor organization that violates | 7222 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 7223 |
fined an amount equal to three times the amount given in excess of | 7224 |
the amount permitted by that division. | 7225 |
(2) Any state or county political party that violates | 7226 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 7227 |
fined an amount equal to three times the amount accepted in excess | 7228 |
of the amount permitted by that division. | 7229 |
(EE)(1) Any campaign committee or person who violates | 7230 |
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code | 7231 |
shall be fined an amount equal to three times the amount donated | 7232 |
in excess of the amount permitted by that division. | 7233 |
(2) Any officeholder or treasurer of a transition fund who | 7234 |
violates division (C)(3)(a) or (b) of section 3517.1014 of the | 7235 |
Revised Code shall be fined an amount equal to three times the | 7236 |
amount accepted in excess of the amount permitted by that | 7237 |
division. | 7238 |
(FF) Whoever violates division (A) of section 3517.211 of the | 7239 |
Revised Code shall be fined an amount equal to at least three | 7240 |
times the cost of producing and disseminating the document or paid | 7241 |
for the advertising, which amount shall be paid to the political | 7242 |
subdivision the elected official of which produced or disseminated | 7243 |
the document or paid for the advertising, and such person shall be | 7244 |
subject to any applicable penalties for any other violations of | 7245 |
this chapter the person may have committed. | 7246 |
Sec. 3519.01. (A) Only one proposal of law or constitutional | 7247 |
amendment to be proposed by initiative petition shall be contained | 7248 |
in an initiative petition to enable the voters to vote on that | 7249 |
proposal separately. A petition shall include the text of any | 7250 |
existing statute or constitutional provision that would be amended | 7251 |
or repealed if the proposed law or constitutional amendment is | 7252 |
adopted. | 7253 |
Whoever seeks to propose a law or constitutional amendment by | 7254 |
initiative petition shall, by a written petition signed by one | 7255 |
thousand qualified electors, submit the proposed law or | 7256 |
constitutional amendment and a summary of it to the attorney | 7257 |
general for examination. Within ten days after the receipt of the | 7258 |
written petition and the summary of it, the attorney general shall | 7259 |
conduct an examination of the summary. If, in the opinion of the | 7260 |
attorney general, the summary is a fair and truthful statement of | 7261 |
the proposed law or constitutional amendment, the attorney general | 7262 |
shall so certify and then forward the submitted petition to the | 7263 |
Ohio ballot board for its approval under division (A) of section | 7264 |
3505.062 of the Revised Code. If the Ohio ballot board returns the | 7265 |
submitted petition to the attorney general with its certification | 7266 |
as described in that division, the attorney general shall then | 7267 |
file with the secretary of state a verified copy of the proposed | 7268 |
law or constitutional amendment together with its summary and the | 7269 |
attorney general's certification. | 7270 |
Whenever the Ohio ballot board divides an initiative petition | 7271 |
into individual petitions containing only one proposed law or | 7272 |
constitutional amendment under division (A) of section 3505.062 of | 7273 |
the Revised Code resulting in the need for the petitioners to | 7274 |
resubmit to the attorney general appropriate summaries for each of | 7275 |
the individual petitions arising from the board's division of the | 7276 |
initiative petition, the attorney general shall review the | 7277 |
resubmitted summaries, within ten days after their receipt, to | 7278 |
determine if they are a fair and truthful statement of the | 7279 |
respective proposed laws or constitutional amendments and, if so, | 7280 |
certify them. These resubmissions shall contain no new | 7281 |
explanations or arguments. Then, the attorney general shall file | 7282 |
with the secretary of state a verified copy of each of the | 7283 |
proposed laws or constitutional amendments together with their | 7284 |
respective summaries and the attorney general's certification of | 7285 |
each. | 7286 |
(B)(1) Whoever seeks to file a referendum petition against | 7287 |
any law, section, or item in any law shall, by a written petition | 7288 |
signed by one thousand qualified electors, submit the measure to | 7289 |
be referred and a summary of it to the secretary of state and, on | 7290 |
the same day or within one business day before or after that day, | 7291 |
submit a copy of the petition, measure, and summary to the | 7292 |
attorney general. | 7293 |
(2) Not later than ten business days after receiving the | 7294 |
petition, measure, and summary, the secretary of state shall do | 7295 |
both of the following: | 7296 |
(a) Have the validity of the signatures on the petition | 7297 |
verified; | 7298 |
(b) After comparing the text of the measure to be referred | 7299 |
with the copy of the enrolled act on file in the secretary of | 7300 |
state's office containing the law, section, or item of law, | 7301 |
determine whether the text is correct and, if it is, so certify. | 7302 |
(3) Not later than ten business days after receiving a copy | 7303 |
of the petition, measure, and summary, the attorney general shall | 7304 |
examine the summary and, if in the attorney general's opinion, the | 7305 |
summary is a fair and truthful statement of the measure to be | 7306 |
referred, so certify. | 7307 |
(C) Any person who is aggrieved by a certification decision | 7308 |
under division (A) or (B) of this section may challenge the | 7309 |
certification or failure to certify of the attorney general in the | 7310 |
supreme court, which shall have exclusive, original jurisdiction | 7311 |
in all challenges of those certification decisions. | 7312 |
Sec. 3519.16. | 7313 |
7314 | |
7315 | |
7316 | |
7317 | |
7318 | |
7319 | |
7320 | |
7321 | |
7322 | |
7323 | |
7324 | |
7325 | |
7326 | |
7327 | |
7328 | |
7329 | |
7330 | |
7331 | |
Section 1g of Article II, Ohio Constitution, the supreme court of | 7332 |
Ohio shall have original, exclusive jurisdiction in all challenges | 7333 |
to initiative and referendum petitions. | 7334 |
(B) The petitioner of any petition shall include upon each | 7335 |
part-petition filed with the secretary of state a designation of | 7336 |
the county in which the part-petition was circulated and a number | 7337 |
for each part-petition. In any county where part-petitions are | 7338 |
circulated, each part-petition shall be numbered sequentially. | 7339 |
Upon the filing of the petition with the secretary of state, the | 7340 |
petitioner of any petition shall also file the following: | 7341 |
(1) An electronic copy of the petition filed along with a | 7342 |
verification that the electronic copy is a true representation of | 7343 |
the original paper petition filed with the secretary of state; | 7344 |
(2) A summary of the number of part-petitions filed per | 7345 |
county and the number of signatures on each part-petition; | 7346 |
(3) An index of the electronic copy. | 7347 |
(C) For a request made under Chapter 149. of the Revised Code | 7348 |
for the inspection or copying of the original petition filed with | 7349 |
the secretary of state, the request is fulfilled when the | 7350 |
secretary of state provides inspection of or copies of the | 7351 |
electronic copy filed by the circulator of the petition. This | 7352 |
section applies from the time of the initial filing of the | 7353 |
petition with the secretary of state and remains applicable until | 7354 |
the part-petitions are returned to the secretary of state from the | 7355 |
local board of elections after a determination of sufficiency of | 7356 |
the petition pursuant to section 3519.15 of the Revised Code. | 7357 |
(D) Discrepancies between the electronic copy filed under | 7358 |
division (B)(1) of this section and the original paper petitions | 7359 |
as filed with the secretary of state shall not render the petition | 7360 |
invalid. Discrepancies between a filed electronic copy and the | 7361 |
original paper petition, if the product of fraud, shall be subject | 7362 |
to criminal penalties under section 3599.36 of the Revised Code. | 7363 |
(E) The properly verified part-petitions, together with the | 7364 |
report of the board, shall be returned to the secretary of state | 7365 |
7366 | |
7367 | |
7368 | |
7369 | |
by certified mail, | 7370 |
in charge of the circulation as to the sufficiency or | 7371 |
insufficiency of the petition and the extent of the insufficiency. | 7372 |
If the petition is found insufficient because of an | 7373 |
insufficient number of valid signatures, the committee shall be | 7374 |
allowed ten additional days after the | 7375 |
of the committee receives notice of the petition's insufficiency | 7376 |
by certified mail from the secretary of state for the filing of | 7377 |
additional signatures to the petition. No additional signatures | 7378 |
may be collected by the circulator of the petition until the | 7379 |
secretary of state determines the sufficiency of the signatures | 7380 |
that the circulator originally filed with the secretary of state. | 7381 |
The part-petitions of the supplementary petition that appear to | 7382 |
the secretary of state to be properly verified, upon their receipt | 7383 |
by the secretary of state, shall forthwith be forwarded to the | 7384 |
boards of the several counties together with the part-petitions of | 7385 |
the original petition that have been properly verified. They shall | 7386 |
be immediately examined and passed upon as to the validity and | 7387 |
sufficiency of the signatures on them by each of the boards and | 7388 |
returned within five days to the secretary of state with the | 7389 |
report of each board. No signature on a supplementary | 7390 |
part-petition that is the same as a signature on an original | 7391 |
part-petition shall be counted. The number of signatures in both | 7392 |
the original and supplementary petitions, properly verified, shall | 7393 |
be used by the secretary of state in determining the total number | 7394 |
of signatures to the petition that the secretary of state shall | 7395 |
record and announce. If they are sufficient, the amendment, | 7396 |
proposed law, or law shall be placed on the ballot as required by | 7397 |
law. If the petition is found insufficient, the secretary of state | 7398 |
shall notify the committee in charge of the circulation of the | 7399 |
petition. | 7400 |
Sec. 3599.07. No | 7401 |
official, observer, or police officer admitted into the polling | 7402 |
rooms at the election, at any time while the polls are open, shall | 7403 |
have in the individual's possession, distribute, or give out any | 7404 |
ballot or ticket to any person on any pretense during the | 7405 |
receiving, counting, or certifying of the votes, or have any | 7406 |
ballot or ticket in the individual's possession or control, except | 7407 |
in the proper discharge of the individual's official duty in | 7408 |
receiving, counting, or canvassing the votes. This section does | 7409 |
not prevent the lawful exercise by a
| 7410 |
election official or observer of the individual right to vote at | 7411 |
such election. | 7412 |
Sec. 3599.17. (A) No elections official serving as a | 7413 |
registrar or | 7414 |
do any of the following: | 7415 |
(1) Fail to appear before the board of elections, or its | 7416 |
representative, after notice has been served personally upon the | 7417 |
official or left at the official's usual place of residence, for | 7418 |
examination as to the official's qualifications; | 7419 |
(2) Fail to appear at the polling place to which the official | 7420 |
is assigned at the hour and during the hours set for the | 7421 |
registration or election; | 7422 |
(3) Fail to take the oath prescribed by section 3501.31 of | 7423 |
the Revised Code, unless excused by such board; | 7424 |
(4) Refuse or sanction the refusal of another registrar or | 7425 |
7426 | |
oath required by law; | 7427 |
(5) Fail to send notice to the board of the appointment of a | 7428 |
7429 |
(6) Act as registrar or | 7430 |
without having been appointed and having received a certificate of | 7431 |
appointment, except a | 7432 |
to fill a vacancy caused by absence or removal; | 7433 |
(7) Fail in any other way to perform any duty imposed by law. | 7434 |
(B) Whoever violates division (A) of this section is guilty | 7435 |
of a misdemeanor of the first degree. | 7436 |
Sec. 3599.19. (A) No | 7437 |
official shall knowingly do any of the following: | 7438 |
(1) Unlawfully open or permit to be opened the sealed package | 7439 |
containing registration lists, ballots, blanks, pollbooks, and | 7440 |
other papers and material to be used in an election; | 7441 |
(2) Unlawfully misplace, carry away, negligently lose or | 7442 |
permit to be taken from the | 7443 |
to deliver, or destroy any such packages, papers, or material; | 7444 |
(3) Receive or sanction the reception of a ballot from a | 7445 |
person not a qualified elector or from a person who refused to | 7446 |
answer a question in accordance with the election law; | 7447 |
(4) Refuse to receive or sanction the rejection of a ballot | 7448 |
from a person, knowing that person to be a qualified elector; | 7449 |
(5) Permit a fraudulent ballot to be placed in the ballot | 7450 |
box; | 7451 |
(6) Place or permit to be placed in any ballot box any ballot | 7452 |
known by the | 7453 |
falsely marked; | 7454 |
(7) Count or permit to be counted any illegal or fraudulent | 7455 |
ballot; | 7456 |
(8) Mislead an elector who is physically unable to prepare | 7457 |
the elector's ballot, mark a ballot for such elector otherwise | 7458 |
than as directed by that elector, or disclose to any person, | 7459 |
except when legally required to do so, how such elector voted; | 7460 |
(9) Alter or mark or permit any alteration or marking on any | 7461 |
ballot when counting the ballots; | 7462 |
(10) Unlawfully count or tally or sanction the wrongful | 7463 |
counting or tallying of votes; | 7464 |
(11) After the counting of votes commences, as required by | 7465 |
law, postpone or sanction the postponement of the counting of | 7466 |
votes, adjourn at any time or to any place, or remove the ballot | 7467 |
box from the place of voting, or from the custody or presence of | 7468 |
all the | 7469 |
(12) Permit any ballot to remain or to be in the ballot box | 7470 |
at the opening of the polls, or to be put in the box during the | 7471 |
counting of the ballots, or to be left in the box without being | 7472 |
counted; | 7473 |
(13) Admit or sanction the admission to the polling room at | 7474 |
an election during the receiving, counting, and certifying of | 7475 |
votes of any person not qualified by law to be so admitted; | 7476 |
(14) Refuse to admit or sanction the refusal to admit any | 7477 |
person, upon lawful request for admission, who is legally | 7478 |
qualified to be present; | 7479 |
(15) Permit or sanction the counting of the ballots contrary | 7480 |
to the manner prescribed by law; | 7481 |
(16) Neglect or unlawfully execute any duty enjoined upon the | 7482 |
7483 |
(B) Whoever violates division (A) of this section is guilty | 7484 |
of a misdemeanor of the first degree. | 7485 |
Sec. 3599.31. No officer of the law shall fail to obey | 7486 |
forthwith an order of the | 7487 |
and aid in enforcing a lawful order of the | 7488 |
location manager at an election, against persons unlawfully | 7489 |
congregating or loitering within one hundred feet of a polling | 7490 |
place, hindering or delaying an elector from reaching or leaving | 7491 |
the polling place, soliciting or attempting, within one hundred | 7492 |
feet of the polling place, to influence an elector in casting the | 7493 |
elector's vote, or interfering with the registration of voters or | 7494 |
casting and counting of the ballots. | 7495 |
Whoever violates this section is guilty of a misdemeanor of | 7496 |
the first degree. | 7497 |
Sec. 4301.32. The privilege of local option as to the sale | 7498 |
of intoxicating liquors is hereby conferred upon the electors of | 7499 |
an election precinct named by the petition authorized by section | 7500 |
4301.33 of the Revised Code. | 7501 |
Upon the request of an elector, a board of elections of a | 7502 |
county that encompasses an election precinct shall furnish to the | 7503 |
elector a copy of the instructions prepared by the secretary of | 7504 |
state under division | 7505 |
Code and, within fifteen days after the request, with a | 7506 |
certificate indicating the number of valid signatures that will be | 7507 |
required upon a petition to hold a special election in that | 7508 |
precinct on a question specified in section 4301.35 or 4301.351 of | 7509 |
the Revised Code. | 7510 |
Sec. 4301.334. (A) The privilege of local option conferred | 7511 |
by section 4301.324 of the Revised Code may be exercised if, not | 7512 |
later than four p.m. of the ninetieth day before the day of a | 7513 |
general or primary election, a petition and other information | 7514 |
required by division (B) of this section are presented to the | 7515 |
board of elections of the county in which the community facility | 7516 |
named in the petition is located. The petition shall be signed by | 7517 |
electors of the municipal corporation or unincorporated area of | 7518 |
the township in which the community facility is located equal in | 7519 |
number to at least ten per cent of the total number of votes cast | 7520 |
in the municipal corporation or unincorporated area of the | 7521 |
township in which the community facility is located for the office | 7522 |
of governor at the most recent general election for that office | 7523 |
and shall contain both of the following: | 7524 |
(1) A notice that the petition is for the submission of the | 7525 |
question set forth in section 4301.356 of the Revised Code and a | 7526 |
statement indicating whether the hours of Sunday sales sought in | 7527 |
the local option election are between ten a.m. and midnight or | 7528 |
between eleven a.m. and midnight; | 7529 |
(2) The name and address of the community facility for which | 7530 |
the local option election is sought and, if the community facility | 7531 |
is a community entertainment district, the boundaries of the | 7532 |
district. | 7533 |
(B) Upon the request of a petitioner, a board of elections of | 7534 |
a county shall furnish to the petitioner a copy of the | 7535 |
instructions prepared by the secretary of state under division | 7536 |
7537 | |
fifteen days after the request, a certificate indicating the | 7538 |
number of valid signatures that will be required on a petition to | 7539 |
hold an election in the municipal corporation or unincorporated | 7540 |
area of the township in which the community facility is located on | 7541 |
the question specified in section 4301.356 of the Revised Code. | 7542 |
The petitioner shall, not less than thirty days before the | 7543 |
petition-filing deadline for an election on the question specified | 7544 |
in section 4301.356 of the Revised Code, specify to the division | 7545 |
of liquor control the name and address of the community facility | 7546 |
for which the election is sought and, if the community facility is | 7547 |
a community entertainment district, the boundaries of the | 7548 |
district, the municipal corporation or unincorporated area of a | 7549 |
township in which the election is sought, and the filing deadline. | 7550 |
The division shall, within a reasonable period of time and not | 7551 |
later than ten days before the filing deadline, supply the | 7552 |
petitioner with the name and address of any permit holder for or | 7553 |
within the community facility. | 7554 |
The petitioner shall file the name and address of any permit | 7555 |
holder who would be affected by the election at the time the | 7556 |
petitioner files the petition with the board of elections. Within | 7557 |
five days after receiving the petition, the board shall give | 7558 |
notice by certified mail to any permit holder within the community | 7559 |
facility that it has received the petition. Failure of the | 7560 |
petitioner to supply the name and address of any permit holder for | 7561 |
or within the community facility as furnished to the petitioner by | 7562 |
the division invalidates the petition. | 7563 |
(C) Not later than the seventy-eighth day before the day of | 7564 |
the next general or primary election, whichever occurs first, the | 7565 |
board shall examine and determine the sufficiency of the | 7566 |
signatures on the petition. If the board finds that the petition | 7567 |
is valid, it shall order the holding of an election in the | 7568 |
municipal corporation or unincorporated area of a township on the | 7569 |
day of the next general or primary election, whichever occurs | 7570 |
first, for the submission of the question set forth in section | 7571 |
4301.356 of the Revised Code. | 7572 |
(D) A petition filed with a board of elections under this | 7573 |
section shall be open to public inspection under rules adopted by | 7574 |
the board. | 7575 |
(E) An elector who is eligible to vote on the question set | 7576 |
forth in section 4301.356 of the Revised Code or any permit holder | 7577 |
for or within the community facility may, not later than four p.m. | 7578 |
of the seventy-fourth day before the day of the election at which | 7579 |
the question will be submitted to the electors, file a written | 7580 |
protest against the local option petition with the board of | 7581 |
elections with which the petition was filed. Upon the filing of | 7582 |
the protest, the board shall promptly fix a time and place for | 7583 |
hearing the protest and shall mail notice of the time and place to | 7584 |
the person who filed the petition and to the person who filed the | 7585 |
protest. At the time and place fixed, the board shall hear the | 7586 |
protest and determine the validity of the petition. | 7587 |
Sec. 4303.29. (A) No permit, other than an H permit, shall | 7588 |
be issued to a firm or partnership unless all the members of the | 7589 |
firm or partnership are citizens of the United States. No permit, | 7590 |
other than an H permit, shall be issued to an individual who is | 7591 |
not a citizen of the United States. No permit, other than an E or | 7592 |
H permit, shall be issued to any corporation organized under the | 7593 |
laws of any country, territory, or state other than this state | 7594 |
until it has furnished the division of liquor control with | 7595 |
evidence that it has complied with the laws of this state relating | 7596 |
to the transaction of business in this state. | 7597 |
The division may refuse to issue any permit to or refuse to | 7598 |
renew any permit of any person convicted of any felony that is | 7599 |
reasonably related to the person's fitness to operate a liquor | 7600 |
permit business in this state. No holder of a permit shall sell, | 7601 |
assign, transfer, or pledge the permit without the written consent | 7602 |
of the division. | 7603 |
(B)(1) No D-3 permit shall be issued to any club unless the | 7604 |
club has been continuously engaged in the activity specified in | 7605 |
section 4303.15 of the Revised Code, as a qualification for that | 7606 |
class of permit, for two years at the time the permit is issued. | 7607 |
(2)(a) Subject to division (B)(2)(b) of this section, upon | 7608 |
application by properly qualified persons, one C-1 and C-2 permit | 7609 |
shall be issued for each one thousand population or part of that | 7610 |
population, and one D-1 and D-2 permit shall be issued for each | 7611 |
two thousand population or part of that population, in each | 7612 |
municipal corporation and in the unincorporated area of each | 7613 |
township. | 7614 |
Subject to division (B)(2)(b) of this section, not more than | 7615 |
one D-3, D-4, or D-5 permit shall be issued for each two thousand | 7616 |
population or part of that population in any municipal corporation | 7617 |
and in the unincorporated area of any township, except that, in | 7618 |
any city of a population of fifty-five thousand or more, one D-3 | 7619 |
permit may be issued for each fifteen hundred population or part | 7620 |
of that population. | 7621 |
(b)(i) Division (B)(2)(a) of this section does not prohibit | 7622 |
the transfer of location or the transfer of ownership and location | 7623 |
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 7624 |
corporation or the unincorporated area of a township in which the | 7625 |
number of permits of that class exceeds the number of such permits | 7626 |
authorized to be issued under division (B)(2)(a) of this section | 7627 |
to an economic development project located in another municipal | 7628 |
corporation or the unincorporated area of another township in | 7629 |
which no additional permits of that class may be issued to the | 7630 |
applicant under division (B)(2)(a) of this section, but the | 7631 |
transfer of location or transfer of ownership and location of the | 7632 |
permit may occur only if the applicant notifies the municipal | 7633 |
corporation or township to which the location of the permit will | 7634 |
be transferred regarding the transfer and that municipal | 7635 |
corporation or township acknowledges in writing to the division of | 7636 |
liquor control, at the time the application for the transfer of | 7637 |
location or transfer of ownership and location of the permit is | 7638 |
filed, that the transfer will be to an economic development | 7639 |
project. This acknowledgment by the municipal corporation or | 7640 |
township does not prohibit it from requesting a hearing under | 7641 |
section 4303.26 of the Revised Code. The applicant is eligible to | 7642 |
apply for and receive the transfer of location of the permit under | 7643 |
division (B)(2)(b) of this section if all permits of that class | 7644 |
that may be issued under division (B)(2)(a) of this section in the | 7645 |
applicable municipal corporation or unincorporated area of the | 7646 |
township have already been issued or if the number of applications | 7647 |
filed for permits of that class in that municipal corporation or | 7648 |
the unincorporated area of that township exceed the number of | 7649 |
permits of that class that may be issued there under division | 7650 |
(B)(2)(a) of this section. | 7651 |
A permit transferred under division (B)(2)(b) of this section | 7652 |
may be subsequently transferred to a different owner at the same | 7653 |
location, or to the same owner or a different owner at a different | 7654 |
location in the same municipal corporation or in the | 7655 |
unincorporated area of the same township, as long as the same or | 7656 |
new location meets the economic development project criteria set | 7657 |
forth in this section. | 7658 |
(ii) Factors that shall be used to determine the designation | 7659 |
of an economic development project include, but are not limited | 7660 |
to, architectural certification of the plans and the cost of the | 7661 |
project, the number of jobs that will be created by the project, | 7662 |
projected earnings of the project, projected tax revenues for the | 7663 |
political subdivisions in which the project will be located, and | 7664 |
the amount of financial investment in the project. The | 7665 |
superintendent of liquor control shall determine whether the | 7666 |
existing or proposed business that is seeking a permit described | 7667 |
in division (B)(2)(b) of this section qualifies as an economic | 7668 |
development project and, if the superintendent determines that it | 7669 |
so qualifies, shall designate the business as an economic | 7670 |
development project. | 7671 |
(3) Nothing in this section shall be construed to restrict | 7672 |
the issuance of a permit to a municipal corporation for use at a | 7673 |
municipally owned airport at which commercial airline companies | 7674 |
operate regularly scheduled flights on which space is available to | 7675 |
the public. A municipal corporation applying for a permit for such | 7676 |
a municipally owned airport is exempt, in regard to that | 7677 |
application, from the population restrictions contained in this | 7678 |
section and from population quota restrictions contained in any | 7679 |
rule of the liquor control commission. A municipal corporation | 7680 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 7681 |
municipally owned airport is subject to section 4303.31 of the | 7682 |
Revised Code. | 7683 |
(4) Nothing in this section shall be construed to prohibit | 7684 |
the issuance of a D permit to the board of trustees of a soldiers' | 7685 |
memorial for a premises located at a soldiers' memorial | 7686 |
established pursuant to Chapter 345. of the Revised Code. An | 7687 |
application for a D permit by the board for those premises is | 7688 |
exempt from the population restrictions contained in this section | 7689 |
and from the population quota restrictions contained in any rule | 7690 |
of the liquor control commission. The location of a D permit | 7691 |
issued to the board for those premises shall not be transferred. A | 7692 |
board of trustees of a soldiers' memorial applying for a D-1, D-2, | 7693 |
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 7694 |
section 4303.31 of the Revised Code. | 7695 |
(5) Nothing in this section shall be construed to restrict | 7696 |
the issuance of a permit for a premises located at a golf course | 7697 |
owned by a municipal corporation, township, or county, owned by a | 7698 |
park district created under Chapter 1545. of the Revised Code, or | 7699 |
owned by the state. The location of such a permit issued on or | 7700 |
after September 26, 1984, for a premises located at such a golf | 7701 |
course shall not be transferred. Any application for such a permit | 7702 |
is exempt from the population quota restrictions contained in this | 7703 |
section and from the population quota restrictions contained in | 7704 |
any rule of the liquor control commission. A municipal | 7705 |
corporation, township, county, park district, or state agency | 7706 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 7707 |
course is subject to section 4303.31 of the Revised Code. | 7708 |
(6) As used in division (B)(6) of this section, "fair" has | 7709 |
the same meaning as in section 991.01 of the Revised Code; "state | 7710 |
fairgrounds" means the property that is held by the state for the | 7711 |
purpose of conducting fairs, expositions, and exhibits and that is | 7712 |
maintained and managed by the Ohio expositions commission under | 7713 |
section 991.03 of the Revised Code; "capitol square" has the same | 7714 |
meaning as in section 105.41 of the Revised Code; and "Ohio | 7715 |
judicial center" means the site of the Ohio supreme court and its | 7716 |
grounds. | 7717 |
Nothing in this section shall be construed to restrict the | 7718 |
issuance of one or more D permits to one or more applicants for | 7719 |
all or a part of the state fairgrounds, capitol square, or the | 7720 |
Ohio judicial center. An application for a D permit for the state | 7721 |
fairgrounds, capitol square, or the Ohio judicial center is exempt | 7722 |
from the population quota restrictions contained in this section | 7723 |
and from the population quota restrictions contained in any rule | 7724 |
of the liquor control commission. The location of a D permit | 7725 |
issued for the state fairgrounds, capitol square, or the Ohio | 7726 |
judicial center shall not be transferred. An applicant for a D-1, | 7727 |
D-2, D-3, or D-5 permit for the state fairgrounds is not subject | 7728 |
to section 4303.31 of the Revised Code. | 7729 |
Pursuant to section 1711.09 of the Revised Code, the holder | 7730 |
of a D permit issued for the state fairgrounds shall not deal in | 7731 |
spirituous liquor at the state fairgrounds during, or for one week | 7732 |
before or for three days after, any fair held at the state | 7733 |
fairgrounds. | 7734 |
(7) Nothing in this section shall be construed to prohibit | 7735 |
the issuance of a D permit for a premises located at a zoological | 7736 |
park at which sales have been approved in an election held under | 7737 |
former section 4301.356 of the Revised Code. An application for a | 7738 |
D permit for such a premises is exempt from the population | 7739 |
restrictions contained in this section, from the population quota | 7740 |
restrictions contained in any rule of the liquor control | 7741 |
commission, and from section 4303.31 of the Revised Code. The | 7742 |
location of a D permit issued for a premises at such a zoological | 7743 |
park shall not be transferred, and no quota or other restrictions | 7744 |
shall be placed on the number of D permits that may be issued for | 7745 |
a premises at such a zoological park. | 7746 |
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 7747 |
any election precinct in any municipal corporation or in any | 7748 |
election precinct in the unincorporated area of any township, in | 7749 |
which at the November, 1933, election a majority of the electors | 7750 |
voting thereon in the municipal corporation or in the | 7751 |
unincorporated area of the township voted against the repeal of | 7752 |
Section 9 of Article XV, Ohio Constitution, unless the sale of | 7753 |
spirituous liquor by the glass is authorized by a majority vote of | 7754 |
the electors voting on the question in the precinct at an election | 7755 |
held pursuant to this section or by a majority vote of the | 7756 |
electors of the precinct voting on question (C) at a special local | 7757 |
option election held in the precinct pursuant to section 4301.35 | 7758 |
of the Revised Code. Upon the request of an elector, the board of | 7759 |
elections of the county that encompasses the precinct shall | 7760 |
furnish the elector with a copy of the instructions prepared by | 7761 |
the secretary of state under division | 7762 |
3501.05 of the Revised Code and, within fifteen days after the | 7763 |
request, a certificate of the number of signatures required for a | 7764 |
valid petition under this section. | 7765 |
Upon the petition of thirty-five per cent of the total number | 7766 |
of voters voting in any such precinct for the office of governor | 7767 |
at the preceding general election, filed with the board of | 7768 |
elections of the county in which such precinct is located not | 7769 |
later than ninety days before a general election, the board shall | 7770 |
prepare ballots and hold an election at such general election upon | 7771 |
the question of allowing spirituous liquor to be sold by the glass | 7772 |
in such precinct. The ballots shall be approved in form by the | 7773 |
secretary of state. The results of the election shall be certified | 7774 |
by the board to the secretary of state, who shall certify the | 7775 |
results to the division. | 7776 |
(2) No holder of a class D-3 permit issued for a boat or | 7777 |
vessel shall sell spirituous liquor in any precinct, in which the | 7778 |
election provided for in this section may be held, unless the sale | 7779 |
of spirituous liquor by the drink has been authorized by vote of | 7780 |
the electors as provided in this section or in section 4301.35 of | 7781 |
the Revised Code. | 7782 |
(D) Any holder of a C or D permit whose permit premises were | 7783 |
purchased in 1986 or 1987 by the state or any state agency for | 7784 |
highway purposes shall be issued the same permit at another | 7785 |
location notwithstanding any quota restrictions contained in this | 7786 |
chapter or in any rule of the liquor control commission. | 7787 |
Sec. 4305.14. (A) The following questions regarding the sale | 7788 |
of beer by holders of C or D permits may be presented to the | 7789 |
qualified electors of an election precinct: | 7790 |
(1) "Shall the sale of beer as defined in section 4305.08 of | 7791 |
the Revised Code under permits which authorize sale for | 7792 |
off-premises consumption only be permitted within this precinct?" | 7793 |
(2) "Shall the sale of beer as defined in section 4305.08 of | 7794 |
the Revised Code under permits which authorize sale for | 7795 |
on-premises consumption only, and under permits which authorize | 7796 |
sale for both on-premises and off-premises consumption, be | 7797 |
permitted in this precinct?" | 7798 |
The exact wording of the question as submitted and form of | 7799 |
ballot as printed shall be determined by the board of elections in | 7800 |
the county wherein the election is held, subject to approval of | 7801 |
the secretary of state. | 7802 |
Upon the request of an elector, a board of elections of a | 7803 |
county that encompasses an election precinct shall furnish to the | 7804 |
elector a copy of the instructions prepared by the secretary of | 7805 |
state under division | 7806 |
Code and, within fifteen days after the request, with a | 7807 |
certificate indicating the number of valid signatures that will be | 7808 |
required on a petition to hold a special election in that precinct | 7809 |
on either or both of the questions specified in this section. | 7810 |
The board shall provide to a petitioner, at the time the | 7811 |
petitioner takes out a petition, the names of the streets and, if | 7812 |
appropriate, the address numbers of residences and business | 7813 |
establishments within the precinct in which the election is | 7814 |
sought, and a form prescribed by the secretary of state for | 7815 |
notifying affected permit holders of the circulation of a petition | 7816 |
for an election for the submission of one or more of the questions | 7817 |
specified in division (A) of this section. The petitioner shall, | 7818 |
not less than fifty-five days before the petition-filing deadline | 7819 |
for an election provided for in this section, file with the | 7820 |
division of liquor control the information regarding names of | 7821 |
streets and, if appropriate, address numbers of residences and | 7822 |
business establishments provided by the board of elections, and | 7823 |
specify to the division the precinct that is concerned or that | 7824 |
would be affected by the results of the election and the filing | 7825 |
deadline. The division shall, within a reasonable period of time | 7826 |
and not later than twenty-five days before the filing deadline, | 7827 |
supply the petitioner with a list of the names and addresses of | 7828 |
permit holders who would be affected by the election. The list | 7829 |
shall contain a heading with the following words: "liquor permit | 7830 |
holders who would be affected by the question(s) set forth on a | 7831 |
petition for a local option election." | 7832 |
Within five days after receiving from the division the list | 7833 |
of liquor permit holders who would be affected by the question or | 7834 |
questions set forth on a petition for local option election, the | 7835 |
petitioner shall, using the form provided by the board of | 7836 |
elections, notify by certified mail each permit holder whose name | 7837 |
appears on that list. The form for notifying affected permit | 7838 |
holders shall require the petitioner to state the petitioner's | 7839 |
name and street address and shall contain a statement that a | 7840 |
petition is being circulated for an election for the submission of | 7841 |
the question or questions specified in division (B) of this | 7842 |
section. The form shall require the petitioner to state the | 7843 |
question or questions to be submitted as they appear on the | 7844 |
petition. | 7845 |
The petitioner shall attach a copy of the list provided by | 7846 |
the division to each petition paper. A part petition paper | 7847 |
circulated at any time without the list of affected permit holders | 7848 |
attached to it is invalid. | 7849 |
At the time of filing the petition with the board of | 7850 |
elections, the petitioner shall provide to the board of elections | 7851 |
the list supplied by the division and an affidavit certifying that | 7852 |
the petitioner notified all affected permit holders on the list in | 7853 |
the manner and within the time required in this section and that, | 7854 |
at the time each signer of the petition signed the petition, the | 7855 |
petition paper contained a copy of the list of affected permit | 7856 |
holders. | 7857 |
Within five days after receiving a petition calling for an | 7858 |
election for the submission of the question or questions set forth | 7859 |
in this section, the board of elections shall give notice by | 7860 |
certified mail that it has received the petition to all liquor | 7861 |
permit holders whose names appear on the list of affected permit | 7862 |
holders filed by the petitioner. Failure of the petitioner to | 7863 |
supply the affidavit required by this section and a complete and | 7864 |
accurate list of liquor permit holders invalidates the entire | 7865 |
petition. The board of elections shall provide to a permit holder | 7866 |
who would be affected by a proposed local option election, on the | 7867 |
permit holder's request, the names of the streets, and, if | 7868 |
appropriate, the address numbers of residences and business | 7869 |
establishments within the precinct in which the election is sought | 7870 |
and that would be affected by the results of the election. The | 7871 |
board may charge a reasonable fee for this information when | 7872 |
provided to the petitioner and the permit holder. | 7873 |
Upon presentation not later than four p.m. of the ninetieth | 7874 |
day before the day of a general or primary election, of a petition | 7875 |
to the board of elections of the county wherein such election is | 7876 |
sought to be held, requesting the holding of such election on | 7877 |
either or both of the questions specified in this section, signed | 7878 |
by qualified electors of the precinct concerned equal in number to | 7879 |
thirty-five per cent of the total number of votes cast in the | 7880 |
precinct concerned for the office of governor at the preceding | 7881 |
general election for that office, such board shall submit the | 7882 |
question or questions specified in the petition to the electors of | 7883 |
the precinct concerned, on the day of the next general or primary | 7884 |
election, whichever occurs first. | 7885 |
(B) The board shall proceed as follows: | 7886 |
(1) Such board shall, upon the filing of a petition under | 7887 |
this section, but not later than the seventy-eighth day before the | 7888 |
day of the election for which the question or questions on the | 7889 |
petition would qualify for submission to the electors of the | 7890 |
precinct, examine and determine the sufficiency of the signatures | 7891 |
and review, examine, and determine the validity of such petition | 7892 |
and, in case of overlapping precinct petitions presented within | 7893 |
that period, determine which of the petitions shall govern the | 7894 |
further proceedings of the board. In the case where the board | 7895 |
determines that two or more overlapping petitions are valid, the | 7896 |
earlier petition shall govern. The board shall certify the | 7897 |
sufficiency of signatures contained in the petition as of the time | 7898 |
of filing and the validity of the petition as of the time of | 7899 |
certification as described in division (C)(1) of this section if | 7900 |
the board finds the petition to be both sufficient and valid. | 7901 |
(2) If the petition contains sufficient signatures and is | 7902 |
valid, and, in case of overlapping precinct petitions, after the | 7903 |
board has determined the governing petition, the board shall order | 7904 |
the holding of a special election in the precinct for the | 7905 |
submission of the question or questions specified in the petition, | 7906 |
on the day of the next general or primary election, whichever | 7907 |
occurs first. | 7908 |
(3) All petitions filed with a board of elections under this | 7909 |
section shall be open to public inspection under rules adopted by | 7910 |
the board. | 7911 |
(C) Protest against a local option petition may be filed by | 7912 |
any qualified elector eligible to vote on the question or | 7913 |
questions specified in the petition or by a permit holder in the | 7914 |
precinct as described in the petition, not later than four p.m. of | 7915 |
the seventy-fourth day before the day of such general or primary | 7916 |
election for which the petition qualified. Such protest shall be | 7917 |
in writing and shall be filed with the election officials with | 7918 |
whom the petition was filed. Upon filing of such protest the | 7919 |
election officials with whom it is filed shall promptly fix the | 7920 |
time for hearing it, and shall forthwith mail notice of the filing | 7921 |
of the protest and the time for hearing it to the person who filed | 7922 |
the petition which is protested and to the person who filed the | 7923 |
protest. At the time and place fixed, the election officials shall | 7924 |
hear the protest and determine the validity of the petition. | 7925 |
(D) If a majority of the electors voting on the question in | 7926 |
the precinct vote "yes" on question (1) or (2) as set forth in | 7927 |
division (A) of this section, the sale of beer as specified in | 7928 |
that question shall be permitted in the precinct and no subsequent | 7929 |
election shall be held in the precinct under this section on the | 7930 |
same question for a period of at least four years from the date of | 7931 |
the most recent election. | 7932 |
If a majority of the electors voting on the question in the | 7933 |
precinct vote "no" on question (1) or (2) as set forth in division | 7934 |
(A) of this section, no C or D permit holder shall sell beer as | 7935 |
specified in that question within the precinct during the period | 7936 |
the election is in effect and no subsequent election shall be held | 7937 |
in the precinct under this section on the same question for a | 7938 |
period of at least four years from the date of the most recent | 7939 |
election. | 7940 |
Section 2. That existing sections 2101.44, 3501.01, 3501.02, | 7941 |
3501.05, 3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18, | 7942 |
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30, | 7943 |
3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38, | 7944 |
3503.02, 3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18, | 7945 |
3503.19, 3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04, | 7946 |
3504.05, 3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, | 7947 |
3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, | 7948 |
3505.24, 3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, | 7949 |
3506.12, 3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05, | 7950 |
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, | 7951 |
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13, | 7952 |
3511.14, 3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30, | 7953 |
3513.31, 3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16, | 7954 |
3599.07, 3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29, | 7955 |
and 4305.14 and sections 3503.29, 3504.01, and 3506.16 of the | 7956 |
Revised Code are hereby repealed. | 7957 |
Section 3. A board of elections shall rearrange and combine | 7958 |
precincts within the applicable county as necessary to comply with | 7959 |
the minimum precinct size requirements established in section | 7960 |
3501.18 of the Revised Code, as amended by this act, not later | 7961 |
than December 31, 2011. | 7962 |