As Reported by the Senate Government Oversight and Reform Committee
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 2101.44, 3501.01, 3501.02, 3501.05,
3501.051, 3501.053, 3501.11, 3501.13, 3501.17,
3501.18, 3501.20, 3501.22, 3501.26, 3501.27,
3501.28, 3501.29, 3501.30, 3501.301, 3501.31,
3501.32, 3501.33, 3501.35, 3501.37, 3501.38,
3503.02, 3503.06, 3503.10, 3503.14, 3503.15,
3503.16, 3503.18, 3503.19, 3503.21, 3503.24,
3503.26, 3503.28, 3504.02, 3504.04, 3504.05,
3505.07, 3505.08, 3505.11, 3505.13, 3505.16,
3505.17, 3505.18, 3505.181, 3505.182, 3505.183,
3505.20, 3505.21, 3505.23, 3505.24, 3505.26,
3505.28, 3505.29, 3505.30, 3505.31, 3506.05,
3506.12, 3506.15, 3509.01, 3509.03, 3509.031,
3509.04, 3509.05, 3509.06, 3509.07, 3509.08,
3509.09, 3511.02, 3511.04, 3511.05, 3511.06,
3511.07, 3511.08, 3511.09, 3511.10, 3511.11,
3511.13, 3511.14, 3513.02, 3513.131, 3513.18,
3513.19, 3513.21, 3513.30, 3513.31, 3515.04,
3517.01, 3517.012, 3517.992, 3519.01, 3519.16,
3599.07, 3599.17, 3599.19, 3599.31, 4301.32,
4301.334, 4303.29, and 4305.14, to enact new
section 3504.01 and sections 3501.111, 3501.302,
3501.40, 3503.05, 3503.20, 3503.22, 3505.05,
3506.021, 3509.051, and 3517.211, and to repeal
sections 3503.29, 3504.01, and 3506.16 of the
Revised Code to revise the Election Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.44, 3501.01, 3501.02, 3501.05,
3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18, 3501.20,
3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30, 3501.301,
3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38, 3503.02,
3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18, 3503.19,
3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04, 3504.05,
3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17, 3505.18,
3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23, 3505.24,
3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12,
3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06,
3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06,
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13, 3511.14,
3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30, 3513.31,
3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16, 3599.07,
3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29, and 4305.14
be amended and new section 3504.01 and sections 3501.111,
3501.302, 3501.40, 3503.05, 3503.20, 3503.22, 3505.05, 3506.021,
3509.051, and 3517.211 of the Revised Code be enacted to read as
follows:
Sec. 2101.44. The election upon the question of combining
the probate court and the court of common pleas shall be conducted
as provided for the election of county officers.
The board of election elections shall provide separate
ballots, ballot boxes, tally sheets, blanks, stationery, and all
such other supplies as may be necessary in the conduct of such
election.
Ballots shall be printed with an affirmative and negative
statement thereon, as follows:
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The probate court and the court of common pleas shall be combined. |
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The probate court and the court of common pleas shall not be combined. |
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Returns of said election shall be made and canvassed at the
same time and in the same manner as an election for county
officers. The board shall certify the result of said election to
the secretary of state, to the probate judge of said county, and
to the judge of the court of common pleas, and such result shall
be spread upon the journal of the probate court and of the court
of common pleas.
If a majority of the votes cast at such an election are in
favor of combining said courts, such courts shall stand combined
upon determination of the fact that a majority of the persons
voting upon the question of the combination of such courts voted
in favor of such combination.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary an election, except that in any year in which
a presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal or
county charter, but may be held on the first Tuesday after the
first Monday in March.
(E)(1) "Primary" or "primary election" means an election held
for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political
parties and as delegates and alternates to the conventions of
political parties. Primary elections shall be held on the first
Tuesday after the first Monday in May of each year except in years
in which a presidential primary election is held.
(2) "Presidential primary election" means a primary election
as defined by division (E)(1) of this section at which an election
is held for the purpose of choosing delegates and alternates to
the national conventions of the major political parties pursuant
to section 3513.12 of the Revised Code. Unless otherwise
specified, presidential primary elections are included in
references to primary elections. In years in which a presidential
primary election is held, all primary elections shall be held on
the first Tuesday after the first Monday in March except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at the
most recent regular state election.
(2) "Intermediate political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular state election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular state election or
which that has filed a petition meeting the requirements of
division (A)(1)(a) or (b) of section 3517.01 of the Revised Code
with the secretary of state, subsequent to any election in which
it received less than five per cent of such vote, a petition
signed by qualified electors equal in number to at least one per
cent of the total vote cast for such office in the last preceding
regular state election, except that a newly formed political party
shall be known as a minor political party until the time of the
first election for governor or president which occurs not less
than twelve months subsequent to the formation of such party,
after which election the status of such party shall be determined
by the vote for the office of governor or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a write-in candidate, or who knowingly assents to being
represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a political party, whose name has been certified on the
office-type ballot at a general or special election through the
filing of a declaration of candidacy and petition of candidate,
and who has won the primary election of the candidate's party for
the public office the candidate seeks or is selected by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
may vote.
(Q) "Precinct" means a district within a county established
by the board of elections of such county within which all
qualified electors having a voting residence therein may vote at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T) "Political subdivision" means a county, township, city,
village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(2) Employees of the secretary of state serving the division
of elections in the capacity of attorney, administrative officer,
administrative assistant, elections administrator, office manager,
or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges election officials;
(8) Employees appointed by the boards of elections on a
temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides
state-funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other public or government office or agency that implements a
program designed and administered by the secretary of state for
registering voters, including the department of job and family
services, the program administered under section 3701.132 of the
Revised Code by the department of health, the department of mental
health, the department of developmental disabilities, the
rehabilitation services commission, and any other agency the
secretary of state designates. "Designated agency" does not
include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4) It includes shall have on it an expiration date that has
not passed.
(5) It was issued by the government of the United States or
this state.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate of the United
States, in the years 1932 and 1934, and every six years after each
of such years; except as otherwise provided for filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E)(1) Proposed constitutional amendments or proposed
measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least
sixty days, in case of a referendum, and ninety one hundred
twenty-five days, in the case of an initiated measure, subsequent
to the filing of the petitions therefor.
Proposed
(2) Proposed constitutional amendments submitted by the
general assembly to the voters of the state at large may be
submitted at a special election or general election in any year
occurring at least ninety days after the resolution is filed with
the secretary of state. The proposed constitutional amendment may
be submitted to the voters at a special election occurring on the
day in any year specified by division (E) of section 3501.01 of
the Revised Code for the holding of a primary election, when if a
special election on that date is designated by the general
assembly in the resolution adopting the proposed constitutional
amendment.
No special election shall be held on a day other than the day
of a general election, unless a law or charter provides otherwise,
regarding the submission of a question or issue to the voters of a
county, township, city, village, or school district.
(F)(1) Notwithstanding any provision of the Revised Code to
the contrary, any question or issue, except a candidacy, to be
voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of
the ninetieth day before the day of the election.
(2) Any question or issue that is certified for placement on
a ballot on or after the effective date of this amendment July 2,
2010, shall be certified not later than the ninetieth day before
the day of the applicable election, notwithstanding any deadlines
appearing in any section of the Revised Code governing the
placement of that question or issue on the ballot.
Sec. 3501.05. (A) The secretary of state shall do all of the
following:
(A)(1) Appoint all members of boards of elections;
(B)(2) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.
(C)(3) Prepare rules and instructions for the conduct of
elections;
(D)(4) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E)(5) Edit and issue all pamphlets concerning proposed laws
or amendments required by law to be submitted to the voters;
(F)(6) Prescribe the form of registration cards, blanks, and
records;
(G)(7) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H)(8) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state;
(I)(9) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J)(10) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K)(11) Receive all initiative and referendum petitions on
state questions and issues and determine and certify to the
sufficiency of those petitions;
(L)(12) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M)(13) Compel the observance by election officers in the
several counties of the requirements of the election laws;
(N)(1)(14)(a) Except as otherwise provided in division
(N)(2)(A)(14)(b) of this section, investigate the administration
of election laws, frauds, and irregularities in elections in any
county, and report violations of election laws to the attorney
general or prosecuting attorney, or both, for prosecution;
(2)(b) On and after August 24, 1995, report a failure to
comply with or a violation of a provision in sections 3517.08 to
3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or
3599.031 of the Revised Code, whenever the secretary of state has
or should have knowledge of a failure to comply with or a
violation of a provision in one of those sections, by filing a
complaint with the Ohio elections commission under section
3517.153 of the Revised Code;.
(O)(15) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P)(16) Prescribe and distribute to boards of elections a
list of instructions indicating all legal steps necessary to
petition successfully for local option elections under sections
4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised
Code;
(Q)(17) Adopt rules pursuant to Chapter 119. of the Revised
Code for the removal by boards of elections of ineligible voters
from the statewide voter registration database and, if applicable,
from the poll list or signature pollbook used in each precinct,
which rules shall provide for all of the following:
(1)(a) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2)(b) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3)(c) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal.
(R)(18) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S)(19) Prescribe a program of distribution of voter
registration forms through boards of elections, designated
agencies, offices of the registrar and deputy registrars of motor
vehicles, public high schools and vocational schools, public
libraries, and offices of county treasurers;
(T)(20) To the extent feasible, provide copies, at no cost
and upon request, of the voter registration form in post offices
in this state;
(U)(21) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V)(22) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1)(a) Assist the secretary of state with ensuring that there
is equal access to polling places for persons with disabilities;
(2)(b) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3)(c) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W)(23) Establish and maintain a computerized statewide
database of all legally registered voters under section 3503.15 of
the Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X)(24) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(Y)(25) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z)(26) Conduct voter education outlining voter
identification, absent voters ballot, provisional ballot, and
other voting requirements;
(AA)(27) Establish a procedure by which a registered elector
may make available to a board of elections a more recent signature
to be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB)(28) Disseminate information, which may include all or
part of the official explanations and arguments, by means of
direct mail or other written publication, broadcast, or other
means or combination of means, as directed by the Ohio ballot
board under division (F) of section 3505.062 of the Revised Code,
in order to inform the voters as fully as possible concerning each
proposed constitutional amendment, proposed law, or referendum;
(CC)(29) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising
from amendments to that act made by the "Military and Overseas
Voter Empowerment Act," Subtitle H of the National Defense
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123
Stat. 3190.
(DD)(30) Compile, from the boards of elections, the voting
history of each registered elector who cast a ballot in an
election, for inclusion in the statewide voter registration
database. The secretary of state shall determine, by rule, the
length of an elector's voting history that shall be included in
the database;
(31) Adopt rules, under Chapter 119. of the Revised Code, to
establish procedures and standards for determining when a board of
elections shall be placed under the official oversight of the
secretary of state, placing a board of elections under the
official oversight of the secretary of state, a board that is
under official oversight to transition out of official oversight,
and the secretary of state to supervise a board of elections that
is under official oversight of the secretary of state.
(32) Perform other duties required by law.
(B) Whenever a primary election is held under section 3513.32
of the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service uniformed services or
overseas absent voter's ballots; the supplying of election
materials to precincts by boards of elections; the holding of
hearings by boards of elections to consider challenges to the
right of a person to appear on a voter registration list; and the
scheduling of programs to instruct or reinstruct election
officers.
(C) In the performance of the secretary of state's duties as
the chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
(D) In any controversy involving or arising out of the
adoption of registration or the appropriation of funds for
registration, the secretary of state may, through the attorney
general, bring an action in the name of the state in the court of
common pleas of the county where the cause of action arose or in
an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
(E) Public high schools and vocational schools, public
libraries, and the office of a county treasurer shall implement
voter registration programs as directed by the secretary of state
pursuant to this section.
Sec. 3501.051. (A) Notwithstanding any other section of the
Revised Code, the secretary of state may authorize, in one or more
precincts in one or more counties, a program allowing individuals
under the age of eighteen to enter the polling place and vote in a
simulated election held at the same time as a general election.
Any individual working in or supervising at a simulated election
may enter the polling place and remain within it during the entire
period the polls are open.
(B) A program established under division (A) of this section
shall require all of the following:
(1) That the duties imposed on judges of precinct election
officials and peace officers under section 3501.33 of the Revised
Code be performed by those judges officials and officers in regard
to simulated elections and all activities related to simulated
elections;
(2) That volunteers provide the personnel necessary to
conduct the simulated election, except that employees of the
secretary of state, employees or members of boards of elections,
and precinct election officials may aid in operating the program
to the extent permitted by the secretary of state;
(3) That individuals under the age of fourteen be accompanied
to the simulated election by an individual eighteen years of age
or over;
(4) Any other requirements the secretary of state considers
necessary for the orderly administration of the election process.
Sec. 3501.053. (A) The secretary of state may issue
instructions as to the proper method of conducting elections to
members of the boards of elections by permanent or temporary
directives.
(1) The secretary of state shall establish a process to allow
public review and public comment of proposed directives. Prior to
issuing any permanent directive, the secretary of state shall
provide reasonable notice of the issuance of the directive and
allow a reasonable amount of time for public review and public
comment of the proposed directive under this division.
No permanent directive shall be issued during the period
beginning ninety days prior to the day of an election and ending
on the fortieth day following the day of that election.
(2) Temporary directives shall only be issued, and shall only
have effect, during the period beginning ninety thirty days prior
to the day of an election and ending on the fortieth thirtieth day
following the day of that election. Temporary directives shall not
be subject to public review and public comment under division
(A)(1) of this section.
A temporary directive shall not become a permanent directive
unless the temporary directive is proposed as a permanent
directive and subject to public review and public comment under
division (A)(1) of this section.
If the situation prompting the establishment of a temporary
directive appears likely to recur, the secretary of state shall
establish a permanent directive addressing the situation.
(B) In addition to any other publication of directives and
advisories issued by the secretary of state, the secretary of
state shall publish those directives and advisories on a web site
of the office of the secretary of state as soon as is practicable
after they are issued, but not later than the close of business on
the same day as a directive or advisory is issued. The secretary
of state shall not remove from the web site any directives and
advisories so posted. The secretary of state shall provide on that
web site access to all directives and advisories currently in
effect and maintain an archive of all directives and advisories
previously published on that web site.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to the board by Title XXXV of the
Revised Code, shall perform all the duties imposed by law, and
shall do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and maintenance
of booths, ballot boxes, books, maps, flags, blanks, cards of
instructions, and other forms, papers, and equipment used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges precinct election officials,
and other officers of elections, fill vacancies, and designate the
ward or district and precinct in which each shall serve;
(E) Make and issue rules and instructions, not inconsistent
with law or the rules, directives, or advisories issued by the
secretary of state, as it considers necessary for the guidance of
election officers and voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices, advertisements,
and publications concerning elections, except as otherwise
provided in division (G) of section 3501.17 and divisions (F) and
(G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and other
required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with
voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each
board of a county that uses voting machines, marking devices, or
automatic tabulating equipment shall conduct a full vote of the
board during a public session of the board on the allocation and
distribution of voting machines, marking devices, and automatic
tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties, or
violations of Title XXXV of the Revised Code by election officers
and other persons; administer oaths, issue subpoenas, summon
witnesses, and compel the production of books, papers, records,
and other evidence in connection with any such investigation; and
report the facts to the prosecuting attorney or the secretary of
state;
(K) Review, examine, and certify the sufficiency and validity
of petitions and nomination papers, and, after certification,
return to the secretary of state all petitions and nomination
papers that the secretary of state forwarded to the board;
(L) Receive the returns of elections, canvass the returns,
make abstracts of them, and transmit those abstracts to the proper
authorities;
(M) Issue certificates of election on forms to be prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on the
form prescribed by the secretary of state, containing a statement
of the number of voters registered, elections held, votes cast,
appropriations received, expenditures made, and other data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform other duties as prescribed by law or the rules,
directives, or advisories of the secretary of state;
(Q) Investigate and determine the residence qualifications of
electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the names and
residence addresses of all incumbent county, municipal, township,
and board of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of
all qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter registration as required by the secretary of
state, and remove ineligible electors from voter registration
lists in accordance with law and directives of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and transmit the language to the secretary of state for
the secretary of state's final approval;
(W) Prepare and cause the following notice to be displayed in
a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the
board, if no decision can be arrived at, the director or
chairperson shall submit the matter in controversy, not later than
fourteen days after the tie vote or the disagreement, to the
secretary of state, who shall summarily decide the question, and
the secretary of state's decision shall be final.
(Y) Assist each designated agency, deputy registrar of motor
vehicles, public high school and vocational school, public
library, and office of a county treasurer in the implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state. Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing outside the county where the board is located within five
days after receiving the applications.
(Z) On any day on which an elector may vote in person at the
office of the board or at another site designated by the board,
consider the board or other designated site a polling place for
that day. All requirements or prohibitions of law that apply to a
polling place shall apply to the office of the board or other
designated site on that day.
(AA) Perform any duties with respect to voter registration
and voting by uniformed services and overseas voters that are
delegated to the board by law or by the rules, directives, or
advisories of the secretary of state.
(BB) Maintain a list of registered electors in the county who
cast a ballot at each election, which list shall be provided to
the secretary of state following each election.
Sec. 3501.111. A board of elections may contract with another
board of elections in this state, with a county automatic data
processing board, or with an educational service center for the
provision of election services, including any duties imposed upon
the board of elections under section 3501.11 of the Revised Code.
Any contract entered into pursuant to this section shall be
approved by the boards of county commissioners of the affected
counties.
Sec. 3501.13. (A) The director of the board of elections
shall keep a full and true record of the proceedings of the board
and of all moneys received and expended; file and preserve in the
board's office all orders and records pertaining to the
administration of registrations, primaries, and elections; receive
and have the custody of all books, papers, and property belonging
to the board; and perform other duties in connection with the
office of director and the proper conduct of elections as the
board determines.
(B) Before entering upon the duties of the office, the
director shall subscribe to an oath that the director will support
the Constitution of the United States and the Ohio Constitution,
perform all the duties of the office to the best of the director's
ability, enforce the election laws, and preserve all records,
documents, and other property pertaining to the conduct of
elections placed in the director's custody.
(C) The director may administer oaths to persons required by
law to file certificates or other papers with the board, to judges
of elections precinct election officials, to witnesses who are
called to testify before the board, and to voters filling out
blanks at the board's offices. Except as otherwise provided by
state or federal law, the records of the board and papers and
books filed in its office are public records and open to
inspection under such reasonable regulations as shall be
established by the board. The social security number of any
elector or of any applicant for voter registration is not a public
record. The board shall redact any such number from any record
that it makes open to public inspection or copying under this
section.
The following notice shall be posted in a prominent place at
each board office:
"Except as otherwise provided by state or federal law,
records filed in this office of the board of elections are open to
public inspection during normal office hours, pursuant to the
following reasonable regulations: (the board shall here list its
regulations). Whoever prohibits any person from inspecting the
public records of this board is subject to the penalties of
section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire
as provided for in section 145.38 of the Revised Code, the
director shall provide a copy to each member of the board of
elections.
Sec. 3501.17. (A) The expenses of the board of elections
shall be paid from the county treasury, in pursuance of
appropriations by the board of county commissioners, in the same
manner as other county expenses are paid. If the board of county
commissioners fails to appropriate an amount sufficient to provide
for the necessary and proper expenses of the board of elections
pertaining to the conduct of elections, the board of elections may
apply to the court of common pleas within the county, which shall
fix the amount necessary to be appropriated and the amount shall
be appropriated. Payments shall be made upon vouchers of the board
of elections certified to by its chairperson or acting chairperson
and the director or deputy director, upon warrants of the county
auditor.
The board of elections shall not incur any obligation
involving the expenditure of money unless there are moneys
sufficient in the funds appropriated therefor to meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among the county and the various subdivisions as
provided in this section, and the amount chargeable to each
subdivision shall be paid as provided in division (J) of this
section or withheld by the auditor from the moneys payable thereto
at the time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall submit
to the taxing authority of each subdivision, upon the request of
the subdivision, an estimate of the amount to be paid or withheld
from the subdivision during the current or next fiscal year.
(B) Except as otherwise provided in division (F) of this
section, the compensation of the members of the board of elections
and of the director, deputy director, and regular employees in the
board's offices, other than compensation for overtime worked; the
expenditures for the rental, furnishing, and equipping of the
office of the board and for the necessary office supplies for the
use of the board; the expenditures for the acquisition, repair,
care, and custody of the polling places, booths, guardrails, and
other equipment for polling places; the cost of tally sheets,
maps, flags, ballot boxes, and all other permanent records and
equipment; the cost of all elections held in and for the state and
county; and all other expenses of the board which are not
chargeable to a political subdivision in accordance with this
section shall be paid in the same manner as other county expenses
are paid.
(C) The compensation of judges of elections precinct election
officials and intermittent employees in the board's offices; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof, including voting machines, marking devices, and
automatic tabulating equipment; the cost of printing and
delivering ballots, cards of instructions, registration lists
required under section 3503.23 of the Revised Code, and other
election supplies, including the supplies required to comply with
division (H) of section 3506.01 of the Revised Code; the cost of
contractors engaged by the board to prepare, program, test, and
operate voting machines, marking devices, and automatic tabulating
equipment; and all other expenses of conducting primaries and
elections in the odd-numbered years shall be charged to the
subdivisions in and for which such primaries or elections are
held. The charge for each primary or general election in
odd-numbered years for each subdivision shall be determined in the
following manner: first, the total cost of all chargeable items
used in conducting such elections shall be ascertained; second,
the total charge shall be divided by the number of precincts
participating in such election, in order to fix the cost per
precinct; third, the cost per precinct shall be prorated by the
board of elections to the subdivisions conducting elections for
the nomination or election of offices in such precinct; fourth,
the total cost for each subdivision shall be determined by adding
the charges prorated to it in each precinct within the
subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as a
primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special election
is held on the same day as a primary or general election in an
odd-numbered year, the subdivision submitting the special election
shall be charged for the cost of ballots and advertising for such
special election, in addition to the charges prorated to such
subdivision for the election or nomination of candidates in each
precinct within the subdivision, as set forth in the preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election on
the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision based
upon a ratio determined by the number of issues placed on the
ballot by each, except as otherwise provided in division (G) of
this section. Such proportional division of cost shall be made
only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special election solely for the purpose of submitting to the
voters a statewide ballot issue, the state shall bear the entire
cost of the election in that precinct and shall reimburse the
county for all expenses incurred in opening the precinct.
(G)(1) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and arguments for or against those issues, as required by Section
1g of Article II and Section 1 of Article XVI, Ohio Constitution,
and any other section of law. Appropriations made to the
controlling board shall be used to reimburse the secretary of
state for all expenses the secretary of state incurs for such
advertising under division (G) of section 3505.062 of the Revised
Code.
(2) There is hereby created in the state treasury the
statewide ballot advertising fund. The fund shall receive
transfers approved by the controlling board, and shall be used by
the secretary of state to pay the costs of advertising state
ballot issues as required under division (G)(1) of this section.
Any such transfers may be requested from and approved by the
controlling board prior to placing the advertising, in order to
facilitate timely provision of the required advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the board of county commissioners may, by
resolution, establish an elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the board of county commissioners may, by
resolution, transfer money to the elections revenue fund from any
other fund of the political subdivision from which such payments
lawfully may be made. Following an affirmative vote of a majority
of the members of the board of elections, the board of county
commissioners may, by resolution, rescind an elections revenue
fund established under this division. If an elections revenue fund
is rescinded, money that has accumulated in the fund shall be
transferred to the county general fund.
(J)(1) Not less than fifteen business days before the
deadline for submitting a question or issue for placement on the
ballot at a special election, the board of elections shall prepare
and file with the board of county commissioners and the office of
the secretary of state the estimated cost, based on the factors
enumerated in this section, for preparing for and conducting an
election on one question or issue, one nomination for office, or
one election to office in each precinct in the county at that
special election and shall divide that cost by the number of
registered voters in the county.
(2) The board of elections shall provide to a political
subdivision seeking to submit a question or issue, a nomination
for office, or an election to office for placement on the ballot
at a special election with the estimated cost for preparing for
and conducting that election, which shall be calculated either by
multiplying the number of registered voters in the political
subdivision with the cost calculated under division (J)(1) of this
section or by multiplying the cost per precinct with the number or
precincts in the political subdivision. A political subdivision
submitting a question or issue, a nomination for office, or an
election to office for placement on the ballot at that special
election shall pay to the county elections revenue fund seventy
per cent of the estimated cost of the election not less than ten
business days after the deadline for submitting a question or
issue for placement on the ballot for that special election.
(3) Not later than sixty days after the date of a special
election, the board of elections shall provide to each political
subdivision the true and accurate cost for the question or issue,
nomination for office, or election to office that the subdivision
submitted to the voters on the special election ballots. If the
board of elections determines that a subdivision paid less for the
cost of preparing and conducting a special election under division
(J)(2) of this section than the actual cost calculated under this
division, the subdivision shall remit to the county elections
revenue fund the difference between the payment made under
division (J)(2) of this section and the final cost calculated
under this division within thirty days after being notified of the
final cost. If the board of elections determines that a
subdivision paid more for the cost of preparing and conducting a
special election under division (J)(2) of this section than the
actual cost calculated under this division, the board of elections
promptly shall notify the board of county commissioners of that
difference. The board of county commissioners shall remit from the
county elections revenue fund to the political subdivision the
difference between the payment made under division (J)(2) of this
section and the final cost calculated under this division within
thirty days after receiving that notification.
(K) As used in this section:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any ballot issue, whether
proposed by the general assembly or by initiative or referendum,
that is submitted to the voters throughout the state.
Sec. 3501.18. (A) The board of elections may divide a
political subdivision within its jurisdiction into precincts,
establish, define, divide, rearrange, and combine the several
election precincts within its jurisdiction, and change the
location of the polling place for each precinct when it is
necessary to maintain the requirements as to the number of voters
in a precinct and to provide for the convenience of the voters and
the proper conduct of elections. No change in the number of
precincts or in precinct boundaries shall be made during the
twenty-five days immediately preceding a primary or general
election or between the first day of January and the day on which
the members of county central committees are elected in the years
in which those committees are elected. Except as otherwise
provided in section 3501.20 of the Revised Code and in division
(C) of this section, each precinct shall contain a number of
electors, not to exceed one thousand four hundred and, if the
precinct is located in a municipal corporation, not less than five
hundred, that the board of elections determines to be a reasonable
number after taking into consideration the type and amount of
available equipment, prior voter turnout, the size and location of
each selected polling place, available parking, availability of an
adequate number of poll workers, and handicap accessibility and
other accessibility to the polling place.
If the board changes the boundaries of a precinct after the
filing of a local option election petition pursuant to sections
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that
calls for a local option election to be held in that precinct, the
local option election shall be held in the area that constituted
the precinct at the time the local option petition was filed,
regardless of the change in the boundaries.
If the board changes the boundaries of a precinct in order to
meet the requirements of division (B)(1) of this section in a
manner that causes a member of a county central committee to no
longer qualify as a representative of an election precinct in the
county, of a ward of a city in the county, or of a township in the
county, the member shall continue to represent the precinct, ward,
or township for the remainder of the member's term, regardless of
the change in boundaries.
In an emergency, the board may provide more than one polling
place in a precinct. In order to provide for the convenience of
the voters, the board may locate polling places for voting or
registration outside the boundaries of precincts, provided that
the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a
polling place. Except in an emergency, no change in the number or
location of the polling places in a precinct shall be made during
the twenty-five days immediately preceding a primary or general
election.
Electors who have failed to respond within thirty days to any
confirmation notice shall not be counted in determining the size
of any precinct under this section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, a board of elections shall determine all precinct
boundaries using geographical units used by the United States
department of commerce, bureau of the census, in reporting the
decennial census of Ohio.
(2) The board of elections may apply to the secretary of
state for a waiver from the requirement of division (B)(1) of this
section when it is not feasible to comply with that requirement
because of unusual physical boundaries or residential development
practices that would cause unusual hardship for voters. The board
shall identify the affected precincts and census units, explain
the reason for the waiver request, and include a map illustrating
where the census units will be split because of the requested
waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing, the board may change a
precinct boundary as necessary under this section, notwithstanding
the requirement in division (B)(1) of this section.
(C) The board of elections may apply to the secretary of
state for a waiver from the requirement of division (A) of this
section regarding the number of electors in a precinct when the
use of geographical units used by the United States department of
commerce, bureau of the census, will cause a precinct to contain
more than one thousand four hundred electors. The board shall
identify the affected precincts and census units, explain the
reason for the waiver request, and include a map illustrating
where census units will be split because of the requested waiver.
If the secretary of state approves the waiver and so notifies the
board of elections in writing, the board may change a precinct
boundary as necessary to meet the requirements of division (B)(1)
of this section.
(D) A board of elections does not violate division (A) of
this section if its minimum precinct size varies from the minimum
precinct size established in that division by five per cent or
less.
(E) The board of elections may apply to the secretary of
state for a waiver from the minimum precinct size requirements of
division (A) of this section. The board shall identify the
affected precincts and explain the reason for the waiver request.
If the secretary of state approves the waiver and so notifies the
board of elections in writing, the board may change a precinct
boundary in the manner specified in the waiver request.
Sec. 3501.20. The Notwithstanding the minimum precinct size
established under section 3501.18 of the Revised Code, the lands
used for a state or national home for disabled soldiers shall
constitute a separate election precinct, and, if necessary, may be
divided and rearranged within such limits as other precincts are
arranged and divided.
Sec. 3501.22. (A) On (1) Except as otherwise provided in
division (A)(2) of this section, on or before the fifteenth day of
September in each year, the board of elections by a majority vote
shall, after careful examination and investigation as to their
qualifications, appoint for each election precinct four residents
of the county in which the precinct is located, as judges precinct
election officials. Except as otherwise provided in division (C)
of this section, all
judges of precinct election officials shall
be qualified electors. The judges precinct election officials
shall constitute the election officers of the precinct. Not more
than one-half of the total number of judges precinct election
officials shall be members of the same political party. The term
of such precinct officers shall be for one year. The board may, at
any time, designate any number of election officers, not more than
one-half of whom shall be members of the same political party, to
perform their duties at any precinct in any election. The board
may appoint additional officials, equally divided between the two
major political parties, when necessary to expedite voting.
If
the board of elections determines that four precinct election
officials are not required in a precinct for a special election,
the board of elections may select two of the precinct's election
officers, who are not members of the same political party, to
serve as the precinct election officials for that precinct in that
special election.
Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges precinct election officials for those precincts for the
unexpired term. Any judge precinct election official may be
summarily removed from office at any time by the board for neglect
of duty, malfeasance, or misconduct in office or for any other
good and sufficient reason.
Precinct election officials shall perform all of the duties
provided by law for receiving the ballots and supplies, opening
and closing the polls, and overseeing the casting of ballots
during the time the polls are open, and any other duties required
by section 3501.26 of the Revised Code.
A board of elections may designate two precinct election
officials as counting officials to count and tally the votes cast
and certify the results of the election at each precinct, and
perform other duties as provided by law. To expedite the counting
of votes at each precinct, the board may appoint additional
officials, not more than one-half of whom shall be members of the
same political party.
The board shall designate one of the precinct election
officials who is a member of the dominant political party to serve
as a presiding judge, whose voting location manager. The voting
location manager shall be a member of the political party whose
candidate received the highest number of votes for governor in the
precincts whose polling places are located at the applicable
voting location, when tallying the combined vote for governor for
all such precincts. It is the duty it is of the voting location
manager to deliver the returns of the election and all supplies to
the office of the board. For these services, the presiding judge
voting location manager shall receive additional compensation in
an amount, consistent with section 3501.28 of the Revised Code,
determined by the board of elections.
The board shall issue to each precinct election official a
certificate of appointment, which the official shall present to
the presiding judge voting location manager at the time the polls
are opened.
(2) If the board of elections, by majority vote, opts to use
multiple precinct polling locations in lieu of any or all
individual precinct polling locations, the board may appoint
precinct election officials for the multiple precinct polling
locations as follows:
(a) For the first precinct combined in a multiple precinct
polling location, the board shall appoint four precinct election
officials, not more than one-half of whom shall be members of the
same political party.
(b) For each additional precinct combined in a multiple
precinct polling location, the board shall appoint two precinct
election officials, not more than one of whom shall be a member of
the same political party.
(c) The board shall designate one of the precinct election
officials appointed under division (A)(2)(a) or (b) of this
section who is a member of the political party whose candidate for
governor received the highest number of votes in the most recent
general election for that office in the precincts combined in the
multiple precinct polling location as the single voting location
manager for the multiple precinct polling location.
(B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as
precinct officers, it may appoint persons to serve as precinct
officers at a primary, special, or general election who are at
least seventeen years of age and are registered to vote in
accordance with section 3503.07 of the Revised Code.
(C)(1) A board of elections, in conjunction with the board of
education of a city, local, or exempted village school district,
the governing authority of a community school established under
Chapter 3314. of the Revised Code, or the chief administrator of a
nonpublic school may establish a program permitting certain high
school students to apply and, if appointed by the board of
elections, to serve as precinct officers at a primary, special, or
general election.
In addition to the requirements established by division
(C)(2) of this section, a board of education, governing authority,
or chief administrator that establishes a program under this
division in conjunction with a board of elections may establish
additional criteria that students shall meet to be eligible to
participate in that program.
(2)(a) To be eligible to participate in a program established
under division (C)(1) of this section, a student shall be a United
States citizen, a resident of the county, at least seventeen years
of age, and enrolled in the senior year of high school.
(b) Any student applying to participate in a program
established under division (C)(1) of this section, as part of the
student's application process, shall declare the student's
political party affiliation with the board of elections.
(3) No student appointed as a precinct officer pursuant to a
program established under division (C)(1) of this section shall be
designated as a presiding judge voting location manager.
(4) Any student participating in a program established under
division (C)(1) of this section shall be excused for that
student's absence from school on the day of an election at which
the student is serving as a precinct officer.
(D) In any precinct with six or more precinct officers, up to
two students participating in a program established under division
(C)(1) of this section who are under eighteen years of age may
serve as precinct officers. Not more than one precinct officer in
any given precinct with fewer than six precinct officers shall be
under eighteen years of age.
Sec. 3501.26. When the polls are closed after a primary,
general, or special election, the receiving officials shall, in
the presence of the counting officials and attending observers,
proceed as follows:
(A) Count the number of electors who voted, as shown on the
poll books;
(B) Count the unused ballots without removing stubs;
(C) Count the soiled and defaced ballots;
(D) Insert the totals of divisions (A), (B), and (C) of this
section on the report forms provided therefor in the poll books;
(E) Count the voted ballots. If the number of voted ballots
exceeds the number of voters whose names appear upon the poll
books, the presiding judge voting location manager shall enter on
the poll books an explanation of that discrepancy, and that
explanation, if agreed to, shall be subscribed to by all of the
judges precinct election officials. Any judge precinct official
having a different explanation shall enter it in the poll books
and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the
custody of the counting officials all the supplies provided for
the conduct of that election and the ballots that are to be
counted and tallied, and take a receipt for the same, which
receipt shall appear in and be a part of the poll books of such
precinct. Having performed their duties, the receiving officials
shall immediately depart.
Having receipted for the ballots, the counting officials
shall proceed to count and tally the vote as cast in the manner
prescribed by section 3505.27 of the Revised Code and certify the
result of the election to the board of elections.
Sec. 3501.27. (A) All judges of precinct election officials
shall complete a program of instruction pursuant to division (B)
of this section. No person who has been convicted of a felony or
any violation of the election laws, who is unable to read and
write the English language readily, or who is a candidate for an
office to be voted for by the voters of the precinct in which the
person is to serve shall serve as an election officer. A person
when appointed as an election officer shall receive from the board
of elections a certificate of appointment that may be revoked at
any time by the board for good and sufficient reasons. The
certificate shall be in the form the board prescribes and shall
specify the precinct, ward, or district in and for which the
person to whom it is issued is appointed to serve, the date of
appointment, and the expiration of the person's term of service.
(B)(1) Each board shall establish a program as prescribed by
the secretary of state for the instruction of election officers in
the rules, procedures, and law relating to elections. In each
program, the board shall use training materials prepared by the
secretary of state and may use additional materials prepared by or
on behalf of the board. The board may use the services of unpaid
volunteers in conducting its program and may reimburse those
volunteers for necessary and actual expenses incurred in
participating in the program.
The Subject to division (B)(2) of this section, the board
shall train each new election officer before the new officer
participates in the first election in that capacity. The board
shall instruct election officials who have been trained previously
only when the board or secretary of state considers that
instruction necessary, but the board shall reinstruct such
persons, other than presiding judges voting location managers, at
least once in every three years and shall reinstruct presiding
judges voting location managers before the primary election in
even-numbered years. The board shall schedule any program of
instruction within sixty days prior to the election in which the
officials to be trained will participate.
(2) In addition to the training required under division
(B)(1) of this section, the secretary of state may mandate
additional training for election officials on a continuing basis
in an effort to achieve election uniformity.
(C) The duties of a judge of an precinct election official in
each polling place shall be performed only by an individual who
has successfully completed the requirements of the program, unless
such an individual is unavailable after reasonable efforts to
obtain such services.
(D) The secretary of state shall establish a program for the
instruction of members of boards of elections and employees of
boards in the rules, procedures, and law relating to elections.
Each member and employee shall complete the training program
within six months after the member's or employee's original
appointment or employment, and thereafter each member and employee
shall complete a training program to update their knowledge once
every four years or more often as determined by the secretary of
state.
(E) The secretary of state shall reimburse each county for
the cost of programs established pursuant to division (B) of this
section, once the secretary of state has received an itemized
statement of expenses for such instruction programs from the
county. The itemized statement shall be in a form prescribed by
the secretary of state.
Sec. 3501.28. (A) As used in this section:
(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as
amended.
(2) "Full election day" means the period of time between the
opening of the polls and the completion of the procedures
contained in section 3501.26 of the Revised Code.
(3) "Services" means services at each general, primary, or
special election.
(B) Beginning with calendar year 1998, each judge of an
election in a county shall be paid for the judge's services at the
same hourly rate, which shall be not less than the minimum hourly
rate established by the Fair Labor Standards Act and not more than
eighty-five dollars per diem.
(C) Beginning with calendar year 2004, each judge of an
precinct election official in a county shall be paid for the
judge's official's services at the same hourly rate, which shall
be not less than the minimum hourly rate established by the Fair
Labor Standards Act and not more than ninety-five dollars per
diem.
(D)(C) The secretary of state shall establish, by rule
adopted under section 111.15 of the Revised Code, the maximum
amount of per diem compensation that may be paid to judges of an
precinct election officials under this section each time the Fair
Labor Standards Act is amended to increase the minimum hourly rate
established by the act. Upon learning of such an increase, the
secretary of state shall determine by what percentage the minimum
hourly rate has been increased under the act and establish a new
maximum amount of per diem compensation that judges of an precinct
election officials may be paid under this section that is
increased by the same percentage that the minimum hourly rate has
been increased under the act.
(E)(D)(1)(a) No board of elections shall increase the pay of
a judge of an precinct election official under this section during
a calendar year unless the board has given written notice of the
proposed increase to the board of county commissioners not later
than the first day of October of the preceding calendar year.
(b) Except as otherwise provided in division
(E)(D)(2) of
this section, a board of elections may increase the pay of a judge
of an precinct election official during a calendar year by up to,
but not exceeding, nine per cent over the compensation paid to a
judge of an precinct election official in the county where the
board is located during the previous calendar year, if the
compensation so paid during the previous calendar year was
eighty-five dollars or less per diem.
(c) Except as otherwise provided in division (E)(D)(2) of
this section, a board of elections may increase the pay of a judge
of an precinct election official during a calendar year by up to,
but not exceeding, four and one-half per cent over the
compensation paid to a judge of an precinct election official in
the county where the board is located during the previous calendar
year, if the compensation so paid during the previous calendar
year was more than eighty-five but less than ninety-five dollars
per diem.
(2) The board of county commissioners may review and comment
upon a proposed increase and may enter into a written agreement
with a board of elections to permit an increase in the
compensation paid to
judges of an precinct election officials for
their services during a calendar year that is greater than the
applicable percentage limitation described in division
(E)(D)(1)(b) or (c) of this section.
(F)(E) No judge of an precinct election official who works
less than the full election day shall be paid the maximum amount
allowed under this section or the maximum amount as set by the
board of elections, whichever is less.
(G)(F)(1) Except as otherwise provided in divisions (G)(F)(4)
to (6) of this section, any employee of the state or of any
political subdivision of the state may serve as a judge of
elections precinct election official on the day of an election
without loss of the employee's regular compensation for that day
as follows:
(a) For employees of a county office, department, commission,
board, or other entity, or of a court of common pleas, county
court, or county-operated municipal court, as defined in section
1901.03 of the Revised Code, the employee's appointing authority
may permit leave with pay for this service in accordance with a
resolution setting forth the terms and conditions for that leave
passed by the board of county commissioners.
(b) For all other employees of a political subdivision of the
state, leave with pay for this service shall be subject to the
terms and conditions set forth in an ordinance or a resolution
passed by the legislative authority of the applicable political
subdivision.
(c) For state employees, leave with pay for this service
shall be subject to the terms and conditions set forth by the head
of the state agency, as defined in section 1.60 of the Revised
Code, by which the person is employed.
(2) Any terms and conditions set forth by a board of county
commissioners, legislative authority of a political subdivision,
or head of a state agency under division (G)(F)(1) of this section
shall include a standard procedure for deciding which employees
are permitted to receive leave with pay if multiple employees of
an entity or court described in division (G)(F)(1)(a) of this
section, of an entity of a political subdivision described in
division (G)(F)(1)(b) of this section, or of a state agency as
defined in section 1.60 of the Revised Code apply to serve as a
judge of elections precinct election official on the day of an
election. This procedure shall be applied uniformly to all
similarly situated employees.
(3) Any employee who is eligible for leave with pay under
division (G)(F)(1) of this section shall receive, in addition to
the employee's regular compensation, the compensation paid to the
judge of an precinct election official under division (B), or (C),
or (D) of this section.
(4) Division (G)(F)(1) of this section does not apply to
either of the following:
(b) Public school teachers.
(5) Nothing in division (G)(F)(1) of this section supersedes
or negates any provision of a collective bargaining agreement in
effect under Chapter 4117. of the Revised Code.
(6) If a board of county commissioners, legislative authority
of a political subdivision, or head of a state agency fails to set
forth any terms and conditions under division (G)(F)(1) of this
section, an employee of an entity or court described in division
(G)(F)(1)(a) of this section, of an entity of a political
subdivision described in division (G)(F)(1)(b) of this section, or
of a state agency as defined in section 1.60 of the Revised Code
may use personal leave, vacation leave, or compensatory time, or
take unpaid leave, to serve as a judge of elections precinct
election official on the day of an election.
(H)(G) The board of elections may withhold the compensation
of any precinct election official for failure to obey the
instructions of the board or to comply with the law relating to
the duties of such a precinct judge election official. Any payment
a judge of an precinct election official is entitled to receive
under section 3501.36 of the Revised Code is in addition to the
compensation the judge official is entitled to receive under this
section.
Sec. 3501.29. (A) The board of elections shall provide for
each precinct a polling place and provide adequate facilities at
each polling place for conducting the election. The board shall
provide a sufficient number of screened or curtained voting
compartments to which electors may retire and conveniently mark
their ballots, protected from the observation of others. Each
voting compartment shall be provided at all times with writing
implements, instructions how to vote, and other necessary
conveniences for marking the ballot. The presiding judge voting
location manager shall ensure that the voting compartments at all
times are adequately lighted and contain the necessary supplies.
The board shall utilize, in so far as practicable, rooms in public
schools and other public buildings for polling places. Upon
application of the board of elections, the authority which has the
control of any building or grounds supported by taxation under the
laws of this state, shall make available the necessary space
therein for the purpose of holding elections and adequate space
for the storage of voting machines, without charge for the use
thereof. A reasonable sum may be paid for necessary janitorial
service. When polling places are established in private buildings,
the board may pay a reasonable rental therefor, and also the cost
of liability insurance covering the premises when used for
election purposes, or the board may purchase a single liability
policy covering the board and the owners of the premises when used
for election purposes. When removable buildings are supplied by
the board, they shall be constructed under the contract let to the
lowest and best bidder, and the board shall observe all ordinances
and regulations then in force as to safety. The board shall remove
all such buildings from streets and other public places within
thirty days after an election, unless another election is to be
held within ninety days.
(B)(1) Except as otherwise provided in this section, the
board shall ensure all of the following:
(a) That polling places are free of barriers that would
impede ingress and egress of handicapped persons;
(b) That the minimum number of special parking locations,
also known as handicapped parking spaces or disability parking
spaces, for handicapped persons are designated at each polling
place in accordance with 28 C.F.R. Part 36, Appendix A, and in
compliance with division (E) of section 4511.69 of the Revised
Code.
(c) That the entrances of polling places are level or are
provided with a nonskid ramp of not over eight per cent gradient
that meets the requirements of the "Americans with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;
(d) That doors are a minimum of thirty-two inches wide.
(2) Notwithstanding division (B)(1)(a), (c), or (d) of this
section, certain polling places may be specifically exempted by
the secretary of state upon certification by a board of elections
that a good faith, but unsuccessful, effort has been made to
modify, or change the location of, such polling places.
(C) At any If a polling place that is has been exempted from
compliance by the secretary of state under division (B)(2) of this
section, the board of elections shall permit any handicapped
elector who travels to that elector's polling place, but who is
unable to enter the polling place due to the inaccessibility of
the polling place, to vote, with the assistance of two polling
place officials of major political parties, in the vehicle that
conveyed that elector to the polling place, or to receive and cast
that elector's ballot at the door of the polling place.
(D) The secretary of state shall:
(1) Work with other state agencies to facilitate the
distribution of information and technical assistance to boards of
elections to meet the requirements of division (B) of this
section;
(2) Work with organizations that represent or provide
services to handicapped, disabled, or elderly citizens to effect a
wide dissemination of information about the availability of
absentee voting, voting in the voter's vehicle or at the door of
the polling place, or other election services to handicapped,
disabled, or elderly citizens.
(E) Before the day of an election, the director of the board
of elections of each county shall sign a statement verifying that
each polling place that will be used in that county at that
election meets the requirements of division (B)(1)(b) of this
section. The signed statement shall be sent to the secretary of
state by certified mail.
(F) As used in this section, "handicapped" means having lost
the use of one or both legs, one or both arms, or any combination
thereof, or being blind or so severely disabled as to be unable to
move about without the aid of crutches or a wheelchair.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes box, official
ballots, cards of instructions, registration forms, pollbooks or
poll lists, tally sheets, forms on which to make summary
statements, writing implements, paper, and all other supplies
necessary for casting and counting the ballots and recording the
results of the voting at the polling place. The pollbooks or poll
lists shall have certificates appropriately printed on them for
the signatures of all the precinct officials, by which they shall
certify that, to the best of their knowledge and belief, the
pollbooks or poll lists correctly show the names of all electors
who voted in the polling place at the election indicated in the
pollbooks or poll lists.
All of the following shall be included among the supplies
provided to each polling place:
(1) A large map of each appropriate precinct, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
(2) Any materials, postings, or instructions required to
comply with state or federal laws;
(3) A flag of the United States approximately two and
one-half feet in length along the top, which shall be displayed
outside the entrance to the polling place during the time it is
open for voting;
(4) Two or more small flags of the United States
approximately fifteen inches in length along the top, which shall
be placed at a distance of one hundred feet from the polling place
on the thoroughfares or walkways leading to the polling place, to
mark the distance within which persons other than election
officials, observers, police officers, and electors waiting to
mark, marking, or casting their ballots shall not loiter,
congregate, or engage in any kind of election campaigning. Where
small flags cannot reasonably be placed one hundred feet from the
polling place, the presiding election judge voting location
manager shall place the flags as near to one hundred feet from the
entrance to the polling place as is physically possible. Police
officers and all election officials shall see that this
prohibition against loitering and congregating is enforced.
When the period of time during which the polling place is
open for voting expires, all of the flags described in this
division shall be taken into the polling place and shall be
returned to the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and
advisories of the secretary of state in the production and use of
polling place supplies.
Sec. 3501.301. A contract involving a cost in excess of
ten
twenty-five thousand dollars for printing and furnishing the
supplies, other than the official ballots, required in section
3501.30 of the Revised Code, shall not be let until the board of
elections has caused notice to be published once in a newspaper of
general circulation within the county or upon notice given by
mail, addressed to the responsible suppliers within the state. The
board of elections may require that each bid be accompanied by a
bond, with at least two individual sureties, or a surety company,
satisfactory to the board, in a sum double the amount of the bid,
conditioned upon the faithful performance of the contract awarded
and for the payment as damages by such bidder to the board of any
excess of cost over the bid which it may be required to pay for
such work by reason of the failure of the bidder to complete the
contract. The contract shall be let to the lowest and best bidder.
Sec. 3501.302. The secretary of state may enter into
agreements for the bulk purchase of election supplies in order to
reduce the costs for such purchases by individual boards of
elections. A board of elections desiring to participate in such
purchase agreements shall file with the secretary of state a
written request for inclusion. A request for inclusion shall
include an agreement to be bound by such terms and conditions as
the secretary of state prescribes and to make direct payments to
the vendor under each purchase agreement.
Sec. 3501.31. The board of elections shall mail to each
precinct election official notice of the date, hours, and place of
holding each election in the official's respective precinct at
which it desires the official to serve. Each of such officials
shall notify the board immediately upon receipt of such notice of
any inability to serve.
The election official designated as
presiding judge voting
location manager under section 3501.22 of the Revised Code shall
call at the office of the board at such time before the day of the
election, not earlier than the tenth day before the day of the
election, as the board designates to obtain the ballots,
pollbooks, registration forms and lists, and other material to be
used in the official's polling place on election day.
The board may also provide for the delivery of such materials
to polling places in a municipal corporation by members of the
police department of such municipal corporation; or the board may
provide for the delivery of such materials to the
presiding judge
voting location manager not earlier than the tenth day before the
election, in any manner it finds to be advisable.
On election day the precinct election officials shall
punctually attend the polling place one-half hour before at the
time
fixed for opening the polls determined by the board of
elections. Each of the precinct election officials shall thereupon
make and subscribe to a statement which shall be as follows:
County of ...............
I do solemnly swear under the penalty of perjury that I will
support the constitution of the United States of America and the
constitution of the state of Ohio and its laws; that I have not
been convicted of a felony or any violation of the election laws;
that I will discharge to the best of my ability the duties of
judge of precinct election official in and for precinct
.................... in the .................... (township) or
(ward and city or village) .................... in the county of
...................., in the election to be held on the ..........
day of ..............., ....., as required by law and the rules
and instructions of the board of elections of said county; and
that I will endeavor to prevent fraud in such election, and will
report immediately to said board any violations of the election
laws which come to my attention, and will not disclose any
information as to how any elector voted which is gained by me in
the discharge of my official duties.
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(Signatures of precinct election officials)"
If any of the other precinct election officials is absent at
that time, the presiding judge voting location manager, with the
concurrence of a majority of the precinct election officials
present, shall appoint a qualified elector who is a member of the
same political party as the political party of which such absent
precinct election official is a member to fill the vacancy until
the board appoints a person to fill such vacancy and the person so
appointed reports for duty at the polling place. The presiding
judge voting location manager shall promptly notify the board of
such vacancy by telephone or otherwise. The presiding judge voting
location manager also shall assign the precinct election officials
to their respective duties and shall have general charge of the
polling place.
Sec. 3501.32. (A) Except as otherwise provided in division
(B) of this section, on the day of the election the polls shall be
opened by proclamation by the presiding judge voting location
manager, or in his the manager's absence by a presiding judge
voting location manager chosen by the judges precinct election
officials, at six-thirty a.m. and shall be closed by proclamation
at seven-thirty p.m. unless there are voters waiting in line to
cast their ballots, in which case the polls shall be kept open
until such waiting voters have voted.
(B) On the day of the election, any polling place located on
an island not connected to the mainland by a highway or a bridge
may close earlier than seven-thirty p.m. if all registered voters
in the precinct have voted. When a polling place closes under
division (B) of this section the presiding judge voting location
manager shall immediately notify the board of elections of the
closing.
Sec. 3501.33. All judges of precinct election officials
shall enforce peace and good order in and about the place of
registration or election. They shall especially keep the place of
access of the electors to the polling place open and unobstructed
and prevent and stop any improper practices or attempts tending to
obstruct, intimidate, or interfere with any elector in registering
or voting. They shall protect observers against molestation and
violence in the performance of their duties, and may eject from
the polling place any observer for violation of any provision of
Title XXXV of the Revised Code. They shall prevent riots,
violence, tumult, or disorder. In the discharge of these duties,
they may call upon the sheriff, police, or other peace officers to
aid them in enforcing the law. They may order the arrest of any
person violating Title XXXV of the Revised Code, but such an
arrest shall not prevent the person from registering or voting if
the person is entitled to do so. The sheriff, all constables,
police officers, and other officers of the peace shall immediately
obey and aid in the enforcement of any lawful order made by the
precinct election officials in the enforcement of Title XXXV of
the Revised Code.
Sec. 3501.35. (A) During an election and the counting of the
ballots, no person shall do any of the following:
(1) Loiter, congregate, or engage in any kind of election
campaigning within the area between the polling place and the
small flags of the United States placed on the thoroughfares and
walkways leading to the polling place, and if the line of electors
waiting to vote extends beyond those small flags, within ten feet
of any elector in that line;
(2) In any manner hinder or delay an elector in reaching or
leaving the place fixed for casting the elector's ballot;
(3) Give, tender, or exhibit any ballot or ticket to any
person other than the elector's own ballot to the
judge of
precinct election officials within the area between the polling
place and the small flags of the United States placed on the
thoroughfares and walkways leading to the polling place, and if
the line of electors waiting to vote extends beyond those small
flags, within ten feet of any elector in that line;
(4) Exhibit any ticket or ballot which the elector intends to
cast;
(5) Solicit or in any manner attempt to influence any elector
in casting the elector's vote.
(B)(1) Except as otherwise provided in division (B)(2) of
this section and division (C) of section 3503.23 of the Revised
Code, no person who is not an election official, employee,
observer, or police officer shall be allowed to enter the polling
place during the election, except for the purpose of voting or
assisting another person to vote as provided in section 3505.24 of
the Revised Code.
(2) Notwithstanding any provision of this section to the
contrary, a journalist shall be allowed reasonable access to a
polling place during an election. As used in this division,
"journalist" has the same meaning as in division (B)(9) of section
149.43 of the Revised Code.
(C) No more electors shall be allowed to approach the voting
shelves at any time than there are voting shelves provided.
(D) The
judges of precinct election officials and the police
officer shall strictly enforce the observance of this section.
Sec. 3501.37. After each election, the judges of elections
precinct election officials of each precinct, except when the
board of elections assumes the duty, shall see that the movable
booths and other equipment are returned for safekeeping to the
fiscal officer of the township or to the clerk or auditor of the
municipal corporation in which the precinct is situated. The
fiscal officer, clerk, or auditor shall have booths and equipment
on hand and in place at the polling places in each precinct before
the time for opening the polls on election days, and for this
service the board may allow the necessary expenses incurred. In
cities, this duty shall devolve on the board.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or issue
which is the subject of the petition shall sign a petition. Each
signer shall be a registered elector pursuant to section
3503.11
3503.01 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may also
print the signer's name, so as to clearly identify the signer's
signature.
(C) Each signer shall place on the petition after the
signer's name the date of signing and the location of the signer's
voting residence, including the street and number if in a
municipal corporation or the rural route number, post office
address, or township if outside a municipal corporation. The
voting address given on the petition shall be the address
appearing in the registration records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of the
Revised Code, no person shall write any name other than the
person's own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to sign for the person. If a petition contains the
signature of an elector two or more times, only the first
signature shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained on it, and shall sign a
statement made under penalty of election falsification that the
circulator witnessed the affixing of every signature, that all
signers were to the best of the circulator's knowledge and belief
qualified to sign, and that every signature is to the best of the
circulator's knowledge and belief the signature of the person
whose signature it purports to be or of an attorney in fact acting
pursuant to section 3501.382 of the Revised Code. On the
circulator's statement for a declaration of candidacy or
nominating petition for a person seeking to become a statewide
candidate or for a statewide initiative or a statewide referendum
petition, the circulator shall identify the circulator's name, the
address of the circulator's permanent residence, and the name and
address of the person employing the circulator to circulate the
petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of governor
and lieutenant governor or a candidate for the office of secretary
of state, auditor of state, treasurer of state, or attorney
general.
(F) Except as otherwise provided in section 3501.382 of the
Revised Code, if a circulator knowingly permits an unqualified
person to sign a petition paper or permits a person to write a
name other than the person's own on a petition paper, that
petition paper is invalid; otherwise, the signature of a person
not qualified to sign shall be rejected but shall not invalidate
the other valid signatures on the paper.
(G) The circulator of a petition may, before filing it in a
public office, strike from it any signature the circulator does
not wish to present as a part of the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove the signer's signature from that petition at any
time before the petition is filed in a public office by striking
the signer's name from the petition; no signature may be removed
after the petition is filed in any public office.
(I)(1) No alterations, corrections, or additions may be made
to a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or
other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a public office. Nothing in this
division prohibits a person from withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the
purpose of the holding of an election on any question or issue may
be resubmitted after it is withdrawn from a public office. Nothing
in this division prevents a question or issue petition from being
withdrawn by the filing of a written notice of the withdrawal by a
majority of the members of the petitioning committee with the same
public office with which the petition was filed prior to the
sixtieth day before the election at which the question or issue is
scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions, or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters: WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the same
time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition
form does not satisfy the requirements of law, if the petition
otherwise is valid. Division (L) of this section applies only if
the candidate received the petition from the board within ninety
days of when the petition is required to be filed.
Sec. 3501.40. Notwithstanding any provision of the Revised
Code to the contrary, only the attorney general, in consultation
with the governor, the secretary of state, the president of the
senate, and the speaker of the house of representatives, shall
enter into a consent decree in any judicial challenge to any
provision of Title XXXV of the Revised Code, to any other section
of the Revised Code governing the election process in this state,
or to any election procedure conducted under the rules,
directives, or advisories issued by the secretary of state.
Sec. 3503.02. All registrars and judges of elections
precinct election officials, in determining the residence of a
person offering to register or vote, shall be governed by the
following rules:
(A) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(B) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state or county of this state, for temporary purposes
only, with the intention of returning.
(C) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making such
county the permanent place of abode.
(D) The place where the family of a married person resides
shall be considered to be the person's place of residence; except
that when the spouses have separated and live apart, the place
where such a spouse resides the length of time required to entitle
a person to vote shall be considered to be the spouse's place of
residence.
(E) If a person removes to another state with the intention
of making such state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(F) Except as otherwise provided in division (G) of this
section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(G) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of such service, and likewise should the person
enter the employment of the state, the place where such person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(H) If a person goes into another state and while there
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(I) If a person does not have a fixed place of habitation,
but has a shelter or other location at which the person has been a
consistent or regular inhabitant and to which the person has the
intention of returning, that shelter or other location shall be
deemed the person's residence for the purpose of registering to
vote.
Sec. 3503.05. The secretary of state shall establish, by
rule, a uniform process for notifying individuals who have
submitted an incomplete voter registration application of the
incomplete status of that application. The process shall permit
such an individual to provide any information required to complete
the application.
Sec. 3503.06. (A) No person shall be entitled to vote at any
election, or to sign
or circulate any declaration of candidacy or
any nominating, or recall election petition, unless the person is
registered as an elector and will have resided in the county and
precinct where the person is registered for at least thirty days
at the time of the next election.
(B)(1) No person shall be entitled to circulate any
initiative or referendum petition unless the person is a resident
of this state.
(2) All election officials, in determining the residence of a
person circulating a petition under division (B)(1) of this
section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state for temporary purposes only, with the intention of
returning.
(c) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making that
county the permanent place of abode.
(d) If a person removes to another state with the intention
of making that state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of
this section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(f) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of that service, and likewise should the person
enter the employment of the state, the place where that person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(g) If a person goes into another state and, while there,
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or
referendum petition unless the person is registered as an elector
and will have resided in the county and precinct where the person
is registered for at least thirty days at the time of the next
election.
Sec. 3503.10. (A) Each designated agency shall designate one
person within that agency to serve as coordinator for the voter
registration program within the agency and its departments,
divisions, and programs. The designated person shall be trained
under a program designed by the secretary of state and shall be
responsible for administering all aspects of the voter
registration program for that agency as prescribed by the
secretary of state. The designated person shall receive no
additional compensation for performing such duties.
(B) Every designated agency, public high school and
vocational school, public library, and office of a county
treasurer shall provide in each of its offices or locations voter
registration applications and assistance in the registration of
persons qualified to register to vote, in accordance with this
chapter.
(C) Every designated agency shall distribute to its
applicants, prior to or in conjunction with distributing a voter
registration application, a form prescribed by the secretary of
state that includes all of the following:
(1) The question, "Do you want to register to vote or update
your current voter registration?"--followed by boxes for the
applicant to indicate whether the applicant would like to register
or decline to register to vote, and the statement, highlighted in
bold print, "If you do not check either box, you will be
considered to have decided not to register to vote at this time.";
(2) If the agency provides public assistance, the statement,
"Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this
agency.";
(3) The statement, "If you would like help in filling out the
voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill out
the application form in private.";
(4) The statement, "If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register or
in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a
complaint with the prosecuting attorney of your county or with the
secretary of state," with the address and telephone number for
each such official's office.
(D) Each designated agency shall distribute a voter
registration form prescribed by the secretary of state to each
applicant with each application for service or assistance, and
with each written application or form for recertification,
renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have employees trained to administer the voter
registration program in order to provide to each applicant who
wishes to register to vote and who accepts assistance, the same
degree of assistance with regard to completion of the voter
registration application as is provided by the agency with regard
to the completion of its own form;
(2) Accept completed voter registration applications, voter
registration change of residence forms, and voter registration
change of name forms, regardless of whether the application or
form was distributed by the designated agency, for transmittal to
the office of the board of elections in the county in which the
agency is located. Each designated agency and the appropriate
board of elections shall establish a method by which the voter
registration applications and other voter registration forms are
transmitted to that board of elections within five days after
being accepted by the agency.
(3) If the designated agency is one that is primarily engaged
in providing services to persons with disabilities under a
state-funded program, and that agency provides services to a
person with disabilities at a person's home, provide the services
described in divisions (E)(1) and (2) of this section at the
person's home;
(4) Keep as confidential, except as required by the secretary
of state for record-keeping purposes, the identity of an agency
through which a person registered to vote or updated the person's
voter registration records, and information relating to a
declination to register to vote made in connection with a voter
registration application issued by a designated agency.
(F) The secretary of state shall prepare and transmit written
instructions on the implementation of the voter registration
program within each designated agency, public high school and
vocational school, public library, and office of a county
treasurer. The instructions shall include directions as follows:
(1) That each person designated to assist with voter
registration maintain strict neutrality with respect to a person's
political philosophies, a person's right to register or decline to
register, and any other matter that may influence a person's
decision to register or not register to vote;
(2) That each person designated to assist with voter
registration not seek to influence a person's decision to register
or not register to vote, not display or demonstrate any political
preference or party allegiance, and not make any statement to a
person or take any action the purpose or effect of which is to
lead a person to believe that a decision to register or not
register has any bearing on the availability of services or
benefits offered, on the grade in a particular class in school, or
on credit for a particular class in school;
(3) Regarding when and how to assist a person in completing
the voter registration application, what to do with the completed
voter registration application or voter registration update form,
and when the application must be transmitted to the appropriate
board of elections;
(4) Regarding what records must be kept by the agency and
where and when those records should be transmitted to satisfy
reporting requirements imposed on the secretary of state under the
National Voter Registration Act of 1993;
(5) Regarding whom to contact to obtain answers to questions
about voter registration forms and procedures.
(G) If the voter registration activity is part of an in-class
voter registration program in a public high school or vocational
school, whether prescribed by the secretary of state or
independent of the secretary of state, the board of education
shall do all of the following:
(1) Establish a schedule of school days and hours during
these days when the person designated to assist with voter
registration shall provide voter registration assistance;
(2) Designate a person to assist with voter registration from
the public high school's or vocational school's staff;
(3) Make voter registration applications and materials
available, as outlined in the voter registration program
established by the secretary of state pursuant to section 3501.05
of the Revised Code;
(4) Distribute the statement, "applying to register or
declining to register to vote will not affect or be a condition of
your receiving a particular grade in or credit for a school course
or class, participating in a curricular or extracurricular
activity, receiving a benefit or privilege, or participating in a
program or activity otherwise available to pupils enrolled in this
school district's schools.";
(5) Establish a method by which the voter registration
application and other voter registration forms are transmitted to
the board of elections within five days after being accepted by
the public high school or vocational school.
(H) Any person employed by the designated agency, public high
school or vocational school, public library, or office of a county
treasurer may be designated to assist with voter registration
pursuant to this section. The designated agency, public high
school or vocational school, public library, or office of a county
treasurer shall provide the designated person, and make available
such space as may be necessary, without charge to the county or
state.
(I) The secretary of state shall prepare and cause to be
displayed in a prominent location in each designated agency a
notice that identifies the person designated to assist with voter
registration, the nature of that person's duties, and where and
when that person is available for assisting in the registration of
voters.
A designated agency may furnish additional supplies and
services to disseminate information to increase public awareness
of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any authority a board of
education, superintendent, or principal has to allow, sponsor, or
promote voluntary election registration programs within a high
school or vocational school, including programs in which pupils
serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of the county treasurer
shall establish a method by which voter registration forms are
transmitted to the board of elections within five days after being
accepted by the public library or office of the county treasurer.
(L) The department of job and family services and its
departments, divisions, and programs shall limit administration of
the aspects of the voter registration program for the department
to the requirements prescribed by the secretary of state and, the
requirements of this section, and the requirements of the National
Voter Registration Act of 1993.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall meet the
requirements of the National Voter Registration Act of 1993 and
shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A copy of a current and valid photo identification, a
copy of a military identification, a copy of a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than a notice of an election mailed by a board of elections under
section 3501.19 of the Revised Code or a notice of voter
registration mailed by a board of elections under section 3503.19
of the Revised Code, that shows the voter's name and address.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an "X," if possible, which shall be certified by the
signing of the name of the applicant by the person filling out the
form, who shall add the person's own signature. If an applicant is
unable to make an "X," the applicant shall indicate in some manner
that the applicant desires to register to vote or to change the
applicant's name or residence. The person registering the
applicant shall sign the form and attest that the applicant
indicated that the applicant desired to register to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) A voter registration application submitted online through
the internet pursuant to section 3503.20 of the Revised Code is
not required to contain a signature to be considered valid. The
signature obtained under division (B) of that section shall be
considered the applicant's signature for all election and
signature-matching purposes.
(F) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3503.15. (A)(1) The secretary of state shall establish
and maintain a statewide voter registration database that shall be
administered by the office of the secretary of state and made
continuously available to each board of elections and to other
agencies as authorized by law.
(2)(a) State agencies, including, but not limited to, the
department of health, bureau of motor vehicles, department of job
and family services, and the department of rehabilitation and
corrections, shall provide any information and data to the
secretary of state that the secretary of state considers necessary
in order to maintain the statewide voter registration database
established pursuant to this section. The secretary of state shall
ensure that any information or data provided to the secretary of
state that is confidential in the possession of the entity
providing the data remains confidential while in the possession of
the secretary of state.
(b) Information provided under this division for maintenance
of the statewide voter registration database shall not be used to
update the name or address of a registered elector. The name or
address of a registered elector shall only be updated as a result
of the elector's actions in filing a notice of change of name,
change of address, or both.
(c) A board of elections shall contact a registered elector
by mail at the address on file with the board to verify the
accuracy of the information in the statewide voter registration
database regarding that elector if information provided under
division (A)(2)(a) of this section identifies a discrepancy
between the information regarding that elector that is maintained
in the statewide voter registration database and maintained by a
state agency.
(3) The secretary of state may enter into agreements to share
information or data with other states or groups of states, as the
secretary of state considers necessary, in order to maintain the
statewide voter registration database established pursuant to this
section. Except as otherwise provided in this division, the
secretary of state shall ensure that any information or data
provided to the secretary of state that is confidential in the
possession of the state providing the data remains confidential
while in the possession of the secretary of state. The secretary
of state may provide such otherwise confidential information or
data to persons or organizations that are engaging in legitimate
governmental purposes related to the maintenance of the statewide
voter registration database.
(B) The statewide voter registration database established
under this section shall be the official list of registered voters
for all elections conducted in this state.
(C) The statewide voter registration database established
under this section shall, at a minimum, include all of the
following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained
in the database with records maintained by each board of
elections;
(3) An interactive computer program that allows access to the
records contained in the database by each board of elections and
by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct updates
of the database;
(4) A search program capable of verifying registered voters
and their registration information by name, driver's license
number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity,
security, and confidentiality of the voter registration
information is maintained.
(D) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter
registration records maintained by boards of elections shall be
converted to electronic files for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day, if
new registration information is received;
(3) Establishing a uniform method for purging canceled voter
registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify,
or print records contained in the statewide voter registration
database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database;
(6) Establishing a uniform method for addressing instances in
which records contained in the statewide voter registration
database do not conform with records maintained by the bureau of
motor vehicles.
(E) A board of elections promptly shall purge a voter's name
and voter registration information shall be purged from the
statewide voter registration database in accordance with the rules
adopted by the secretary of state under division (D)(3) of this
section after the cancellation of a voter's registration under
section 3503.21 of the Revised Code.
(F) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the secretary
of state to add, delete, modify, or print database records, and to
conduct updates of the database.
(G)(1) The statewide voter registration database established
under this section shall be made available on a web site of the
office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, only the following information from the statewide
voter registration database regarding a registered voter shall be
made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit a voter to search for the
polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for boards of
elections to notify the secretary of state of changes in the
locations of precinct polling places for the purpose of updating
the information made available on the secretary of state's web
site under division (G)(1)(b) of this section. Those rules shall
require a board of elections, during the thirty days before the
day of a primary or general election, to notify the secretary of
state within one business day of any change to the location of a
precinct polling place within the county.
(3) During the thirty days before the day of a primary or
general election, not later than one business day after receiving
a notification from a county pursuant to division (G)(2) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the
secretary of state's web site for the purpose of division
(G)(1)(b) of this section.
Sec. 3503.16. (A) Whenever a registered elector changes the
place of residence of that registered elector from one precinct to
another within a county or from one county to another, or has a
change of name, that registered elector shall report the change by
delivering a change of residence or change of name form, whichever
is appropriate, as prescribed by the secretary of state under
section 3503.14 of the Revised Code to the state or local office
of a designated agency, a public high school or vocational school,
a public library, the office of the county treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of elections
in person or by a third person. Any voter registration, change of
address, or change of name application, returned by mail, may be
sent only to the secretary of state or the board of elections.
A registered elector also may update the registration of that
registered elector by filing a change of residence or change of
name form on the day of a special, primary, or general election at
the polling place in the precinct in which that registered elector
resides or at the board of elections or at another site designated
by the board.
(B)(1)(a) Any registered elector who moves within a precinct
on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence with the board
of elections may vote in that election by going to that registered
elector's assigned polling place in the precinct in which the
registered elector resides, completing and signing a notice of
change of residence, showing identification in the form of a
current and valid photo identification, a military identification,
a United States passport, or a copy of a current utility bill,
bank statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and current
address of the elector, and casting a ballot. If the elector
provides either a driver's license or a state identification card
issued under section 4507.50 of the Revised Code that does not
contain the elector's current residence address, the elector shall
provide the last four digits of the elector's driver's license
number or state identification card number, and the precinct
election official shall mark the poll list or signature pollbook
to indicate that the elector has provided a driver's license or
state identification card number with a former address and record
the last four digits of the elector's driver's license number or
state identification card number.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place, completing and signing a notice of a
change of name, showing the identification required by division
(B)(1)(a) of this section, and casting a provisional ballot under
section 3505.181 of the Revised Code.
(2) Any registered elector who moves from one precinct to
another within a county or moves from one precinct to another and
changes the name of that registered elector on or prior to the day
of a general, primary, or special election and has not filed a
notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election
if that registered elector complies with division (G) of this
section or does all of the following:
(a) Appears at anytime during regular business the hours for
casting an absent voter's ballot in person under section 3509.01
of the Revised Code on or after the twenty-eighth sixteenth day
prior to the election in which that registered elector wishes to
vote or, if the election is held on the day of a presidential
primary election, the twenty-fifth day prior to the election,
through noon six p.m. of the Saturday Friday prior to the election
at the office of the board of elections, appears at any time
during regular business hours on the Monday prior to the election
at the office of the board of elections, or at another location
designated under division (C) of section 3501.10 of the Revised
Code or appears on the day of the election at either of the
following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence or
change of name, whichever is appropriate, and files it with
election officials at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location in the county at which registered electors may vote, at
that other location instead of the office of the board of
elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place in the precinct in which the
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections,
whichever is appropriate, using the address to which that
registered elector has moved or the name of that registered
elector as changed, whichever is appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
moved or had a change of name, whichever is appropriate, on or
prior to the day of the election, has voted a provisional ballot
at the polling place in the precinct in which that registered
elector resides, at the office of the board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections, whichever is appropriate,
and will not vote or attempt to vote at any other location for
that particular election. The statement required under division
(B)(2)(d) of this section shall be included on the notice of
change of residence or change of name, whichever is appropriate,
required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state or moves from one county to
another and changes the name of that registered elector on or
prior to the day of a general, primary, or special election and
has not registered to vote in the county to which that registered
elector moved may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(1) Appears at any time during regular business the hours for
casting an absent voter's ballot in person under section 3509.01
of the Revised Code on or after the twenty-eighth sixteenth day
prior to the election in which that registered elector wishes to
vote or, if the election is held on the day of a presidential
primary election, the twenty-fifth day prior to the election,
through noon six p.m. of the Saturday Friday prior to the election
at the office of the board of elections or, if pursuant to at
another location designated under division (C) of section 3501.10
of the Revised Code the board has designated another location in
the county at which registered electors may vote, at that other
location instead of the office of the board of elections, appears
during regular business hours on the Monday prior to the election
at the office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, or appears on the day of the election at
the either of the following locations:
(a) The polling place in the precinct in which that elector
resides;
(b) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections;
(2) Completes and signs, under penalty of election
falsification, the written affirmation on the provisional ballot
envelope, which shall serve as a notice of change of residence and
files it with election officials at the board of elections or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location in the county at which
registered electors may vote, at that other location instead of
the office of the board of elections or change of name, whichever
is appropriate;
(3) Votes a provisional ballot under section 3505.181 of the
Revised Code at the polling place in the precinct in which the
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location in the
county at which registered electors may vote, at that other
location instead of the office of the board of elections, using
the address to which that registered elector has moved or the name
of that registered elector as changed, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered elector
has moved from one county to another county within the state or
moved from one county to another and changed the elector's name,
whichever is appropriate, on or prior to the day of the election,
has voted at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, and will not vote or attempt to vote at
any other location for that particular election. The statement
required under division (C)(4) of this section shall be included
on the notice of change of residence required under division
(C)(2) of this section.
(D) A person who votes by absent voter's ballots pursuant to
division (G) of this section shall not make written application
for the ballots pursuant to Chapter 3509. of the Revised Code.
Ballots cast pursuant to division (G) of this section shall be set
aside in a special envelope and counted during the official
canvass of votes in the manner provided for in sections 3505.32
and 3509.06 of the Revised Code insofar as that manner is
applicable. The board shall examine the pollbooks to verify that
no ballot was cast at the polls or by absent voter's ballots under
Chapter 3509. or 3511. of the Revised Code by an elector who has
voted by absent voter's ballots pursuant to division (G) of this
section. Any ballot determined to be insufficient for any of the
reasons stated above or stated in section 3509.07 of the Revised
Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this section.
(E) Upon receiving a change of residence or change of name
form, the board of elections shall immediately send the registrant
an acknowledgment notice. If the change of residence or change of
name form is valid, the board shall update the voter's
registration as appropriate. If that form is incomplete, the board
shall inform the registrant in the acknowledgment notice specified
in this division of the information necessary to complete or
update that registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with the
pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence and
change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by order of the
court or who applies for a marriage license. The court shall
forward all completed forms to the board of elections within five
days after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to appear
at the office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location in the county at which registered
electors may vote, at that other location, on account of personal
illness, physical disability, or infirmity, may vote on the day of
the election if that registered elector does all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent voter's ballot on or after the
twenty-seventh twenty-first day prior to the election in which the
registered elector wishes to vote through noon six p.m. of the
Saturday Friday prior to that election and requests that the
absent voter's ballot be sent to the address to which the
registered elector has moved if the registered elector has moved,
or to the address of that registered elector who has not moved but
has had a change of name;
(2) Declares that the registered elector has moved or had a
change of name, whichever is appropriate, and otherwise is
qualified to vote under the circumstances described in division
(B) or (C) of this section, whichever is appropriate, but that the
registered elector is unable to appear at the board of elections
because of personal illness, physical disability, or infirmity;
(3) Completes and returns along with the completed absent
voter's ballot a notice of change of residence indicating the
address to which the registered elector has moved, or a notice of
change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
has moved or had a change of name on or prior to the day before
the election, has voted by absent voter's ballot because of
personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board of elections,
and will not vote or attempt to vote at any other location or by
absent voter's ballot mailed to any other location or address for
that particular election.
Sec. 3503.18. (A)(1) The chief health officer of each
political subdivision and the director of health shall file with
the secretary of state and each board of elections, at least once
each month, the names, social security numbers, dates of birth,
dates of death, and residences of all persons, over eighteen years
of age, who have died within such subdivision or within this state
or another state, respectively, within such month.
(2) The secretary of state and the director of health shall
jointly establish a secure electronic system through which they
shall exchange the information described in division (A)(1) of
this section regarding the death of a registered elector.
(B) At least once each month, each probate judge in this
state shall file with the board of elections the names and
residence addresses of all persons over eighteen years of age who
have been adjudicated incompetent for the purpose of voting, as
provided in section 5122.301 of the Revised Code. At
(C) At least once each month the clerk of the court of common
pleas shall file with the board the names and residence addresses
of all persons who have been convicted during the previous month
of crimes that would disfranchise such persons under existing laws
of the state. Reports of conviction of crimes under the laws of
the United States that would disfranchise an elector and that are
provided to the secretary of state by any United States attorney
shall be forwarded by the secretary of state to the appropriate
board of elections.
(D) Upon receiving a report required by this section, the
board of elections shall promptly cancel the registration of each
elector named in the report shall be promptly canceled by the
secretary of state or the board of elections, as applicable. If a
board of elections receives the report, and the report contains a
residence address of an elector in a county other than the county
in which the board of elections is located, the director shall
promptly send a copy of the report to the appropriate board of
elections, which shall cancel the registration.
Sec. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or change of
name may register or change their registration in person or
through another person at any state or local office of a
designated agency, at the office of the registrar or any deputy
registrar of motor vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by the board of elections, or in
person, through another person, or by mail at the office of the
secretary of state or at the office of a board of elections. A
registered elector may also change the elector's registration on
election day at any polling place where the elector is eligible to
vote, in the manner provided under section 3503.16 of the Revised
Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall transmit any voter registration
application or change of registration form that it receives to the
board of elections of the county in which the state or local
office is located, within five business days after receiving the
voter registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles,
a public high school or vocational school, a public library, the
office of a county treasurer, the office of the secretary of
state, or the office of a board of elections no later than the
thirtieth day preceding a primary, special, or general election
for the person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall date stamp a registration
application or change of name or change of address form it
receives using a date stamp that does not disclose the identity of
the state or local office that receives the registration.
Voter registration applications, if otherwise valid, that are
returned by mail to the office of the secretary of state or to the
office of a board of elections must be postmarked no later than
the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible
to vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the office of a board of elections no later than twenty-five days
preceding any special, primary, or general election.
(B)(1) Any person may apply in person, by telephone, by mail,
or through another person for voter registration forms to the
office of the secretary of state or the office of a board of
elections. An individual who is eligible to vote as a uniformed
services voter or an overseas voter in accordance with 42 U.S.C.
1973ff-6 also may apply for voter registration forms by electronic
means to the office of the secretary of state or to the board of
elections of the county in which the person's voting residence is
located pursuant to section 3503.191 of the Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail through another person to
any state or local office of a designated agency, to a public high
school or vocational school, to a public library, to the office of
a county treasurer, to the office of the secretary of state, or to
the office of a board of elections. An applicant who is eligible
to vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's
completed voter registration form electronically to the office of
the secretary of state or to the board of elections of the county
in which the person's voting residence is located pursuant to
section 3503.191 of the Revised Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
by mail or through another person to any board of elections or the
office of the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving the
application, unless that application is received during the thirty
days immediately preceding the day of an election. The board shall
promptly notify the applicant in writing of each of the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification, a military identification, a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than this notification or a notification of an election mailed by
a board of elections, that shows the voter's name and current
address. Voters who do not provide one of these documents will
still be able to vote by providing the last four digits of the
voter's social security number and by casting a provisional
ballot. Voters who do not have any of the above forms of
identification, including a social security number, will still be
able to vote by signing an affirmation swearing to the voter's
identity under penalty of election falsification and by casting a
provisional ballot."
The notification shall be by nonforwardable mail. If the mail
is returned to the board, it shall investigate and cause the
notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code, the board shall correct that
voter's registration, if needed, and shall remove the indication
that the voter's notification was returned from that voter's name
on the official registration list and on the poll list or
signature pollbook. If the provisional ballot is not counted
pursuant to division (B)(4)(a)(i), or (v), or (vi) of section
3505.183 of the Revised Code, the voter's registration shall be
canceled. The board shall notify the voter by United States mail
of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation notice
by forwardable mail. If the person fails to respond to the
confirmation notice, update the person's registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.20. (A) The secretary of state, by rule, shall
establish a secure online process for voter registration. The
rules shall provide for all of the following:
(1) An applicant to submit a voter registration application
to the secretary of state online through the internet;
(2) The online applicant to be registered to vote, if all of
the following apply:
(a) The application contains all of the required information,
including the applicant's social security number;
(b) The applicant is qualified to register to vote; and
(c) The applicant attests to the truth and accuracy of the
information submitted in the online application under penalty of
election falsification using the applicant's Ohio driver's license
number or the number of the applicant's Ohio identification card
as proof of the applicant's identity.
(B) If an individual registers to vote or a registered
elector updates the elector's name, address, or both under this
section, the secretary of state shall obtain an electronic copy of
the applicant's or elector's signature that is on file with the
bureau of motor vehicles. That electronic signature shall be used
as the applicant's or elector's signature on voter registration
records, for all election and signature-matching purposes.
(C) The secretary of state shall employ whatever security
measures the secretary considers necessary to ensure the integrity
and accuracy of voter registration information submitted
electronically pursuant to this section.
Sec. 3503.21. (A) The registration of a registered elector
shall be canceled upon the occurrence of any of the following:
(1) The filing by a registered elector of a written request
with a board of elections, on a form prescribed by the secretary
of state and signed by the elector, that the registration be
canceled. The filing of such a request does not prohibit an
otherwise qualified elector from reregistering to vote at any
time.
(2) The filing of a notice of the death of a registered
elector as provided in section 3503.18 of the Revised Code;
(3) The filing with the board of elections of a certified
copy of the death certificate of a registered elector by the
deceased elector's spouse, parent, or child, by the administrator
of the deceased elector's estate, or by the executor of the
deceased elector's will;
(4) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(3)(5) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5)(6) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6)(7) The failure of the registered elector, after having
been mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during a
period of four consecutive years, which period shall include two
general federal elections;
(b) Update the elector's registration and vote at least once
during a period of four consecutive years, which period shall
include two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes the registrant's voting
residence to a location outside the registrant's current county of
registration. Any procedures prescribed in this division shall be
uniform and nondiscriminatory, and shall comply with the Voting
Rights Act of 1965. The secretary of state may prescribe
procedures under this division that include the use of the
national change of address service provided by the United States
postal system through its licensees. Any program so prescribed
shall be completed not later than ninety days prior to the date of
any primary or general election for federal office.
(2) The registration of any elector identified as having
changed the elector's voting residence to a location outside the
elector's current county of registration shall not be canceled
unless the registrant is sent a confirmation notice on a form
prescribed by the secretary of state and the registrant fails to
respond to the confirmation notice or otherwise update the
registration and fails to vote in any election during the period
of two federal elections subsequent to the mailing of the
confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q)(A)(17)
of section 3501.05 of the Revised Code, division (C)(2) of section
3503.19 of the Revised Code, or division (C) of section 3503.24 of
the Revised Code.
(D) Boards of elections shall send their voter registration
information to the secretary of state as required under section
3503.15 of the Revised Code. In the first quarter of each
odd-numbered year, and more frequently as the board of elections
considers necessary, the secretary of state each board of
elections shall send the voter-registration information of each
person registered to vote in the applicable county to the national
change of address service described in division (B) of this
section and request that service to provide the secretary of state
board of elections with a list of any voters sent by the
secretary of state board of elections who have moved within the
last thirty-six twelve months. The secretary of state shall
transmit to each appropriate board of elections whatever lists the
secretary of state receives Upon receipt of a response from that
service. The, the board shall send a notice to each person on the
list transmitted by the secretary of state that service requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form on
which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in
division (A)(6)(7) or (B)(2) of this section shall be canceled not
later than one hundred twenty days after the date of the second
general federal election in which the elector fails to vote or not
later than one hundred twenty days after the expiration of the
four-year period in which the elector fails to vote or respond to
a confirmation notice, whichever is later.
Sec. 3503.22. A board of elections may send an acknowledgment
notice as prescribed by the secretary of state to any registered
elector at any time to facilitate the maintenance and accuracy of
the statewide voter registration database.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of the
county at the office of the board of elections not later than
twenty days prior to the election. The applications or challenges,
with the reasons for the application or challenge, shall be filed
with the board on a form prescribed by the secretary of state and
shall be signed under penalty of election falsification.
(B) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's
records. If the board is able to determine that an application or
challenge should be granted or denied solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant or deny that application or challenge.
If the board is not able to determine whether an application
or challenge should be granted or denied solely on the basis of
the records maintained by the board, the director shall promptly
set a time and date for a hearing before the board. Except as
otherwise provided in division (D) of this section, the The
hearing shall be held, and the application or challenge shall be
decided, no later than ten days after the board receives the
application or challenge. The director shall send written notice
to any elector whose right to vote is challenged and to any person
whose name is alleged to have been omitted from a registration
list. The notice shall inform the person of the time and date of
the hearing, and of the person's right to appear and testify, call
witnesses, and be represented by counsel. The notice shall be sent
by first class mail no later than three days before the day of any
scheduled hearing. The director shall also provide the person who
filed the application or challenge with such written notice of the
date and time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and testify
before the board at a hearing held under this section. All
witnesses shall testify under oath. The board shall reach a
decision on all applications and challenges immediately after
hearing.
(C) If the board decides that any such person is not entitled
to have the person's name on the registration list, the person's
name shall be removed from the list and the person's registration
forms canceled. If the board decides that the name of any such
person should appear on the registration list, it shall be added
to the list, and the person's registration forms placed in the
proper registration files. All such corrections and additions
shall be made on a copy of the precinct lists, which shall
constitute the poll lists, to be furnished to the respective
precincts with other election supplies on the day preceding the
election, to be used by the election officials in receiving the
signatures of voters and in checking against the registration
forms.
(D)(1) If an application or challenge for which a hearing is
required to be conducted under division (B) of this section is
filed after the thirtieth day before the day of an election, the
board of elections, in its discretion, may postpone that hearing
and any notifications of that hearing until after the day of the
election. Any hearing postponed under this division shall be
conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any
registered elector whose registration is challenged and whose
challenge hearing is postponed under division (D)(1) of this
section to be marked in the official registration list and in the
poll list or signature pollbook for that elector's precinct to
indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or
challenge hearing that is postponed under division (D)(1) of this
section shall be permitted to vote a provisional ballot under
section 3505.181 of the Revised Code. The validity of a
provisional ballot cast pursuant to this section shall be
determined in accordance with section 3505.183 of the Revised
Code, except that no such provisional ballot shall be counted
unless the hearing conducted under division (B) of this section
after the day of the election results in the elector's inclusion
in the official registration list.
Sec. 3503.26. (A) All registration forms and lists, when not
in official use by the registrars or judges of elections precinct
election officials, shall be in the possession of the board of
elections. Names and addresses of electors may be copied from the
registration lists only in the office of the board when it is open
for business; but no such copying shall be permitted during the
period of time commencing twenty-one days before an election and
ending on the eleventh day after an election if such copying will,
in the opinion of the board, interfere with the necessary work of
the board. The board shall keep in convenient form and available
for public inspection a correct set of the registration lists of
all precincts in the county.
(B) Notwithstanding division (A) of this section, the board
of elections shall maintain and make available for public
inspection and copying at a reasonable cost all records concerning
the implementation of programs and activities conducted for the
purpose of ensuring the accuracy and currency of voter
registration lists, including the names and addresses of all
registered electors sent confirmation notices and whether or not
the elector responded to the confirmation notice. The board shall
maintain all records described in this division for a period of
two years.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification, a military identification, a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than a notice of an election or a voter registration notification
sent by a board of elections, that shows the voter's name and
current address. Voters who do not provide one of these documents
will still be able to vote by providing the last four digits of
the voter's social security number and by casting a provisional
ballot. Voters who do not have any of the above forms of
identification, including a social security number, will still be
able to vote by signing an affirmation swearing to the voter's
identity under penalty of election falsification and by casting a
provisional ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E)(C) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3504.01. A former elector of this state is eligible to
vote a presidential ballot in the presidential general election
held in this state in person or by mail if the former elector
meets all of the following conditions:
(A) The former elector moved out of this state not more than
thirty days before the day of the presidential general election;
(B) The former elector has not resided in the elector's new
state of residence long enough to be eligible to vote in the
presidential general election;
(C) The former elector was registered to vote in this state
at the time the former resident ceased to be a resident of this
state; and
(D) The former elector would be eligible to vote in this
state if the former elector was a resident of this state.
Sec. 3504.02. Any citizen A former elector of this state who
desires to vote in a presidential general election under this
chapter shall, submit a completed certificate of intent to vote
for presidential and vice-presidential electors not later than
four p.m. of the thirtieth day prior to the date of the
presidential election, complete a certificate of intent to vote
for presidential and vice-presidential electors twelve noon of the
third day before the day of the election. The certificate of
intent shall be completed in duplicate on a form prescribed by the
secretary of state that may be obtained and filed personally in
the office of the board of elections of the county in which such
person last resided before removal from this state, or mailed to
such board of elections.
Immediately following the spaces on the certificate for
inserting information as requested by the secretary of state, the
following statement shall be printed: "I declare under penalty of
election falsification that the statements herein contained herein
are true to the best of my knowledge and belief; that I am legally
qualified to vote; that I am not
registered eligible to vote in
the presidential general election in any other state; and that I
have not voted in an election in any other state since removing
myself from the state of Ohio.
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE."
The former elector also shall submit with the certificate of
intent to vote for presidential and vice-presidential electors a
properly completed and signed Ohio voter registration cancellation
request on a form prescribed by the secretary of state.
Sec. 3504.04. On or before the day of a presidential general
election day, the director of the board of elections shall deliver
to the polling place a list of persons who have filed certificates
of intent to vote as former resident voters and who appear, from
their voting address, entitled to vote at such polling place.
Those persons whose names appear on the list of former resident
voters, and who have otherwise complied with sections 3504.01 to
3504.06 of the Revised Code, shall then be entitled to vote for
presidential and vice-presidential electors only at their polling
place on election day or by absent voter's ballots. Such voter who
votes at that voter's polling place on election day shall sign
that voter's name in the poll book or poll list followed by,
"Former Resident's Presidential Ballot." Qualified former
residents shall be entitled to cast absent voter's ballots for
presidential and vice-presidential electors.
Sec. 3504.05. The director of the board of elections shall
forward copies of all certificates electronically transmit any
certificate of intent received from a former residents elector to
the secretary of state no later than the twenty-fifth day prior to
the day of the election in which such former resident desires to
vote within one business day. Upon receipt of such certificate,
the secretary of state shall immediately notify the chief
elections officer of the state of each applicant's prior residence
of the fact that such applicant has declared his the applicant's
intention to vote for presidential and vice-presidential electors
in this state.
Sec. 3505.05. At any time prior to the seventieth day before
the day of an election at which a question or issue, other than a
statewide question or issue, is certified to appear on the ballot,
the political subdivision, taxing authority, or other entity that
placed the issue on the ballot may remove that issue from the
ballot using the same process that the entity used to originally
certify the issue for placement on the ballot.
Upon receipt of a notification that a question or issue has
been withdrawn, the board of elections shall remove that question
or issue from the ballot.
Sec. 3505.07. (A) If the board of elections, by a unanimous
vote of its members, or if the secretary of state, in the
secretary of state's sole discretion, finds it impracticable to
place the names of candidates for any office of a minor political
subdivision in the county or the wording of any question or issue
to be voted upon in such minor political subdivision on the
ballots under sections 3505.01 to 3505.09 of the Revised Code,
then such board may, or at the direction of the secretary of state
shall, provide separate ballots for the candidates, question, or
issue.
(B) If the secretary of state, in the secretary of state's
sole discretion, determines that it is impracticable to place the
names of candidates for any office or the wording for any question
or issue to be voted upon on the ballot when the candidates,
question, issue, or wording for the question or issue was ordered
onto the ballot by a court of competent jurisdiction and the
ballots have been printed prior to the court order, the board of
elections, at the direction of the secretary of state, shall
provide separate ballots for the candidates, question, or issue.
(C) All separate ballots provided for in this section shall
conform in quality of paper, style of printing, form of ballot,
arrangement of names, and in all other ways, in so far as
practicable, with the provisions relating to the printing of the
general official ballot.
Separate ballot boxes shall be provided
for each such separate kind of ballot.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. The ballots shall
be printed with black ink on No. 2 white book paper fifty pounds
in weight per ream assuming such ream to consist of five hundred
sheets of such paper twenty-five by thirty-eight inches in size.
Each ballot shall have attached at the top two stubs, each of the
width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to
account for the ballots that the secretary of state has
authorized, each ballot may have only one stub that shall be the
width of the ballot and not less than one-half inch in length. In
the case of ballots with two stubs, the stubs shall be separated
from the ballot and from each other by perforated lines. The top
stub shall be known as Stub B and shall have printed on its face
"Stub B." The other stub shall be known as Stub A and shall have
printed on its face "Stub A." Each stub shall also have printed on
its face "Consecutive Number .........."
Each ballot of each kind of ballot provided for use in each
precinct shall be numbered consecutively beginning with number 1
by printing such number upon both of the stubs attached to the
ballot. On ballots bearing the names of candidates, each
candidate's name shall be printed in twelve point boldface upper
case type in an enclosed rectangular space, and an enclosed blank
rectangular space shall be provided at the left of the candidate's
name. The name of the political party of a candidate nominated at
a primary election or certified by a party committee shall be
printed in ten point lightface upper and lower case type and shall
be separated by a two point blank space. The name of each
candidate shall be indented one space within the enclosed
rectangular space, and the name of the political party shall be
indented two spaces within the enclosed rectangular space.
The title of each office on the ballots shall be printed in
twelve point boldface upper and lower case type in a separate
enclosed rectangular space. A four point rule shall separate the
name of a candidate or a group of candidates for the same office
from the title of the office next appearing below on the ballot; a
two point rule shall separate the title of the office from the
names of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type. When
the names of several candidates are grouped together as candidates
for the same office, there shall be printed on the ballots
immediately below the title of the office and within the separate
rectangular space in which the title is printed "Vote for not more
than ........," in six point boldface upper and lower case filling
the blank space with that number which will indicate the number of
persons who may be lawfully elected to the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an inch
wide, and a similar vertical border or line shall enclose the left
and right side of ballots. Ballots shall be trimmed along the
sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: office type
ballot; nonpartisan ballot; questions and issues ballot; and
presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the back
of each questions and issues ballot shall be printed "Official
Questions and Issues Ballot;" and on the back of each presidential
ballot shall be printed "Official Presidential Ballot." On At the
back end of every ballot also shall be printed the date of the
election at which the ballot is used and the facsimile signatures
of the members of the board of the county in which the ballot is
used. For the purpose of identifying the kind of ballot, the back
of every ballot may be numbered in the order the board shall
determine. The numbers shall be printed in not less than
thirty-six point type above the words "Official Office Type
Ballot," "Official Nonpartisan Ballot," "Official Questions and
Issues Ballot," or "Official Presidential Ballot," as the case may
be. Ballot boxes A ballot box bearing corresponding numbers shall
be furnished for each precinct in which the above-described
numbered ballots are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in
approving the form of an official ballot, the secretary of state
may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
Sec. 3505.11. (A) The ballots, with the stubs attached,
shall be bound into tablets for each precinct, which tablets shall
contain at least one per cent more ballots than the total
registration in the precinct, except as otherwise provided in
division (B) of this section. Upon the covers of the tablets shall
be written, printed, or stamped the designation of the precinct
for which the ballots have been prepared. All official ballots
shall be printed uniformly upon the same kind and quality of paper
and shall be of the same shape, size, and type.
Electors who have failed to respond within thirty days to any
confirmation notice shall not be counted in determining the number
of ballots to be printed under this section.
(B)(1) A board of elections may choose to provide ballots on
demand. If a board so chooses, the board shall have prepared for
each precinct at least five per cent more ballots for an election
than the number specified below for that kind of election:
(a) For a primary election or a special election held on the
day of a primary election, the total number of electors in that
precinct who voted in the primary election held four years
previously or, if no primary election was held four years
previously, the total number of electors in that precinct who
voted in a similarly situated primary, as determined by the board;
(b) For a general election or a special election held on the
day of a general election, the total number of electors in that
precinct who voted in the general election held four years
previously;
(c) For a special election held at any time other than on the
day of a primary or general election, the total number of electors
in that precinct who voted in the most recent primary or general
election, whichever of those elections occurred in the precinct
most recently.
(2) If, after the board complies with the requirements of
division (B)(1) of this section, the election officials of a
precinct determine that the precinct will not have enough ballots
to enable all the qualified electors in the precinct who wish to
vote at a particular election to do so, the officials shall
request that the board provide additional ballots, and the board
shall provide enough additional ballots, to that precinct in a
timely manner so that all qualified electors in that precinct who
wish to vote at that election may do so.
Sec. 3505.13. A contract for the printing of ballots
involving a cost in excess of ten twenty-five thousand dollars
shall not be let until after five days' notice published once in a
leading newspaper published in the county or upon notice given by
mail by the board of elections, addressed to the responsible
printing offices within the state. Except as otherwise provided in
this section, each bid for such printing must be accompanied by a
bond with at least two sureties, or a surety company, satisfactory
to the board, in a sum double the amount of the bid, conditioned
upon the faithful performance of the contract for such printing as
is awarded and for the payment as damages by such bidder to the
board of any excess of cost over the bid which it may be obliged
to pay for such work by reason of the failure of the bidder to
complete the contract. No bid unaccompanied by such bond shall be
considered by the board. The board may, however, waive the
requirement that each bid be accompanied by a bond if the cost of
the contract is ten twenty-five thousand dollars or less. The
contract shall be let to the lowest responsible bidder in the
state or, if the lowest bid by an out-of-state bidder is at least
ten per cent less than the lowest bid by an in-state bidder, the
contract may be let to the out-of-state bidder. All ballots shall
be printed within the state.
Sec. 3505.16. Before the opening of the polls, the package
of supplies and the ballot boxes box shall be opened in the
presence of the precinct officials. The ballot boxes box, the
package of ballots, registration forms, and other supplies shall
at all times be in full sight of the observers, and no ballot box
or unused ballots during the balloting or counting shall be
removed or screened from their full sight until the counting has
been closed and the final returns completed and the certificate
signed by the judges.
Sec. 3505.17. If by accident or casualty the ballots or
other required papers, lists, or supplies are lost or destroyed,
or in case none are delivered at the polling place, or if during
the time the polls are open additional ballots or supplies are
required, the board of elections, upon requisition by telephone or
in writing and signed by a majority of the precinct election
judges officials of the precinct stating why such additional
supplies are needed, shall supply them as speedily as possible.
Sec. 3505.18. (A)(1) When an elector appears in a polling
place to vote, the elector shall announce to the precinct election
officials the elector's full name and current address and provide
proof of the elector's identity in the form of a current and valid
photo identification, a military identification, a United States
passport, or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document, other
than a notice of an election mailed by a board of elections under
section 3501.19 of the Revised Code or a notice of voter
registration mailed by a board of elections under section 3503.19
of the Revised Code, that shows the name and current address of
the elector. If the elector provides either a driver's license or
a state identification card issued under section 4507.50 of the
Revised Code that does not contain the elector's current residence
address, the elector shall provide the last four digits of the
elector's driver's license number or state identification card
number, and the precinct election official shall mark the poll
list or signature pollbook to indicate that the elector has
provided a driver's license or state identification card number
with a former address and record the last four digits of the
elector's driver's license number or state identification card
number.
(2) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section, but has a social
security number, the elector may provide the last four digits of
the elector's social security number. Upon providing the social
security number information, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code, the envelope of
which ballot shall include that social security number
information.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, the elector may execute an affirmation under
penalty of election falsification that the elector cannot provide
the identification required under that division or the last four
digits of the elector's social security number for those reasons
that reason. Upon signing the affirmation, the elector may cast a
provisional ballot under section 3505.181 of the Revised Code. The
secretary of state shall prescribe the form of the affirmation,
which shall include spaces for the elector to complete all of the
following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5)(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4)(3) of this section, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code, the envelope of which ballot shall include the
elector's name but the ballot will not be counted.
(6) If an elector has but declines to provide to the precinct
election officials any of the forms of identification required
under division (A)(1) of this section or the elector has a social
security number but declines to provide to the precinct election
officials the last four digits of the elector's social security
number, the elector may cast a provisional ballot under section
3505.181 of the Revised Code.
(5) If an elector executes an affirmation under division
(A)(3) of this section stating that the elector does not have any
of the forms of identification required under division (A)(1) of
this section and, in verifying the elector's eligibility to vote,
the election officials determine that the elector does have one of
those forms of identification and failed to provide such
identification, that elector shall be deemed to have committed
election falsification in violation of section 3599.36 of the
Revised Code by filing that affirmation and that elector's
provisional ballot shall not be counted.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write the elector's name and address signature at
the proper place in the poll list or signature pollbook provided
for the purpose, except that if, for any reason, an elector is
unable to write the elector's name and current address signature
in the poll list or signature pollbook, the elector may make the
elector's mark at the place intended for the elector's name
signature, and a precinct election official shall write the name
of the elector at the proper place on the poll list or signature
pollbook following the elector's mark. The making of such a mark
shall be attested by the precinct election official, who shall
evidence the same by signing the precinct election official's name
on the poll list or signature pollbook as a witness to the mark.
Alternatively, if applicable, an attorney in fact acting pursuant
to section 3501.382 of the Revised Code may sign the elector's
signature in the poll list or signature pollbook in accordance
with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's signature on
the elector's registration form or a digitized signature list as
provided for in section 3503.13 of the Revised Code, and if, in
the opinion of a majority of the precinct election officials, the
signatures are the signatures of the same person, the election
officials shall enter the date of the election on the registration
form or shall record the date by other means prescribed by the
secretary of state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then challenged,
or, if being challenged, the elector establishes the elector's
right to vote, the elector shall be allowed to proceed to use the
voting machine. If voting machines are not being used in that
precinct, the judge in charge of ballots shall then detach the
next ballots to be issued to the elector from Stub B attached to
each ballot, leaving Stub A attached to each ballot, hand the
ballots to the elector, and call the elector's name and the stub
number on each of the ballots. The judge shall enter the stub
numbers opposite the signature of the elector in the pollbook. The
elector shall then retire to one of the voting compartments to
mark the elector's ballots. No mark shall be made on any ballot
which would in any way enable any person to identify the person
who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an
election official asserts that the individual is not eligible to
vote;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but is unable to provide to the
election officials any of the forms of identification required
under division (A)(1) of section 3505.18 of the Revised Code and
who has a social security number but is unable to provide the last
four digits of the individual's social security number as
permitted under division (A)(2) of that section;
(4)(3) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed executes an affirmation as
permitted under division (A)(3) of that section or declines to
execute an affirmation under division (A)(4) of that section;
(5)(4) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or an
armed service a uniformed services or overseas absent voter's
ballot for that election and who appears to vote at the polling
place;
(6)(5) An individual whose notification of registration has
been returned undelivered to the board of elections and whose name
in the official registration list and in the poll list or
signature pollbook has been marked under division (C)(2) of
section 3503.19 of the Revised Code;
(7)(6) An individual who is challenged under section 3505.20
of the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9)(7) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, or moves from one county to another and changes the
individual's name and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10)(8) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11)(9) An individual who is challenged under section 3513.20
of the Revised Code who refuses to make the statement required
under that section, who a majority of the precinct officials find
lacks any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number (10) An individual who is
casting a ballot after the time for the closing of the polls under
section 3501.32 of the Revised Code pursuant to a court order
extending the time for the closing of the polls.
(B) An individual who is eligible to cast a provisional
ballot under division (A) of this section shall be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is both of the
following:
(a) A registered voter in the jurisdiction in which the
individual desires to vote;
(b) Eligible to vote in that election.
If the individual declines to execute the affirmation, the
election official shall not record any of the information required
to be provided by the individual on the affirmation. The election
official shall explain to the individual that the provisional
ballot will not be counted.
(3) An election official at the polling place shall transmit
the ballot cast by the individual, and the voter information
contained in the written affirmation executed by the individual
under division (B)(2) of this section, or the individual's name if
the individual declines to execute such an affirmation to an
appropriate local election official for verification under
division (B)(4) of this section.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual is
eligible to vote, the individual's provisional ballot shall be
counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual who
casts a provisional ballot will be able to ascertain under the
system established under division (B)(5)(4)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason that the
vote was not counted. The free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. Access to
information about an individual ballot shall be restricted to the
individual who cast the ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification,
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, that shows the individual's name and current
address, or provides the last four digits of the individual's
social security number, or executes an affirmation that the
elector does not have any of those forms of identification or the
last four digits of the individual's social security number
because the individual does not have a social security number, or
declines to execute such an affirmation, the appropriate local
election official shall record the type of identification
provided, the social security number information, the fact that
the affirmation was executed, or the fact that the individual
declined to execute such an affirmation and include that
information with the transmission of the ballot or voter or
address information under division (B)(3) of this section. If the
individual declines to execute such an affirmation, the
appropriate local election official shall record the individual's
name and include that information with the transmission of the
ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification, or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the
individual's name and current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible to vote in that jurisdiction,
the election official shall direct the individual to the polling
place for the jurisdiction in which the individual appears to be
eligible to vote, explain that the individual may cast a
provisional ballot at the current location but the ballot will not
be counted if it is cast in the wrong precinct, and provide the
telephone number of the board of elections in case the individual
has additional questions.
(2) If the individual refuses to travel to the polling place
for the correct jurisdiction or to the office of the board of
elections to cast a ballot, the individual shall be permitted to
vote a provisional ballot at that jurisdiction in accordance with
division (B) of this section. If any of the following apply, the
provisional ballot cast by that individual shall not be opened or
counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(D) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
and polling place of any qualified elector who resides in the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The secretary of state shall prescribe the
form of the written affirmation, which shall be printed upon the
face of the provisional ballot envelope and shall be substantially
as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly
swear or affirm that I am a registered voter in the jurisdiction
in which I am voting this provisional ballot and that I am
eligible to vote in the election in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of elections
determines that I have already voted in this election, my
provisional ballot will not be counted. I further understand that
knowingly providing false information is a violation of law and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)
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Reason for voting provisional ballot (Check one):
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..... Requested, but did not receive, absent voter's ballot
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..... Other
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Verification Statement
(To be completed by election official)
The Provisional Ballot Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, with the voter's name and current
address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, with
the voter's name and current address but does have one of these
forms of identification. The provisional voter must provide one of
the foregoing items of identification to the board of elections
within ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, with
the voter's name and current address but does have one of these
forms of identification. Additionally, the provisional voter does
have a social security number but is not able to provide the last
four digits of the voter's social security number before voting.
The provisional voter must provide one of the foregoing items of
identification or the last four digits of the voter's social
security number to the board of elections within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, but has executed an
affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or a social security number, and has declined to execute
an affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document with the voter's name and current
address, or the last four digits of the voter's social security
number but does have one of these forms of identification or a
social security number. The provisional voter must provide one of
the foregoing items of identification or the last four digits of
the voter's social security number to the board of elections
within ten days after the election.
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(Signature of Election Official)" |
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In addition to any information required to be included on the
written affirmation, an individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code. Also printed on
the provisional ballot envelope shall be an election official
checklist, which shall be signed by two election officials who are
members of different political parties affirming that those
election officials followed the proper procedures in verifying the
provisional voter's registration information, address, and correct
precinct.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may note, on
the sealed provisional ballot envelope for that ballot, whether
the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and
entitled to be counted, the board shall examine its the
affirmation executed by the provisional voter, the statewide voter
registration database, and other records maintained by the board
of elections and determine whether the individual who cast the
provisional ballot is registered and eligible to vote in the
applicable election. The board shall examine the information
contained in the written affirmation executed by the individual
who cast the provisional ballot under division (B)(2) of section
3505.181 of the Revised Code. If the individual declines to
execute such an affirmation, the individual's name, written by
either the individual or the election official at the direction of
the individual, shall be included in a written affirmation in
order for the provisional ballot to be eligible to be counted;
otherwise, the The following information shall be included by the
provisional voter in the written affirmation in order for the
provisional ballot to be eligible to be counted:
(a) The individual's printed name and;
(b) The individual's signature;
(b)(c) The individual's date of birth;
(d) The individual's social security number, driver's license
number, or state identification card number, or an affirmative
notation that the individual provided the required identification
under division (A)(1) of section 3505.18 of the Revised Code;
(e) The individual's residence address;
(f) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c)(g) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days after the day of the election under division (B)(8) of
section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board determines that all of the following apply, the
provisional ballot envelope shall be opened, and the ballot shall
be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly
registered to vote.
(b) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information required
under division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the
provisional ballot.
(d) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(3)(a) If, in examining a provisional ballot affirmation
and additional information under divisions (B)(1) and (2) of this
section, the board determines that any of the following applies,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) The individual named on the affirmation is not qualified
or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible
to cast a ballot in the precinct or for the election in which the
individual cast the provisional ballot.
(iii) The individual did not provide all of the information
required under division (B)(1) of this section in the affirmation
that the individual executed at the time the individual cast the
provisional ballot.
(iv) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days after the day of the
election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and valid
photo identification, a military identification, a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than a notice of an election
mailed by a board of elections under section 3501.19 of the
Revised Code or a notice of voter registration mailed by a board
of elections under section 3503.19 of the Revised Code, with the
voter's name and current address, or the last four digits of the
individual's social security number or to execute an affirmation
under division (A) of section 3505.18 or division (B) of section
3505.181 of the Revised Code. The elector executed an affirmation
under division (A)(3) of section 3505.18 of the Revised Code
stating that the elector does not have any of the forms of
identification required under division (A)(1) of that section and,
in verifying the elector's eligibility to vote, the election
officials determined that the elector does have one of those forms
of identification and failed to provide that identification.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board is unable to determine either of the following,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the election in
which the individual cast the provisional ballot.
(C)(1) For each provisional ballot rejected under division
(B)(4)(3) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4)(3) of this section shall not be counted but shall be
preserved in their provisional ballot envelopes unopened until the
time provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(D) Provisional ballots that the board determines are
eligible to be counted under division (B)(3)(2) of this section
shall be counted in the same manner as provided for other ballots
under section 3505.27 of the Revised Code. No provisional ballots
shall be counted in a particular county until the board determines
the eligibility to be counted of all provisional ballots cast in
that county under division (B) of this section for that election.
Observers, as provided in section 3505.21 of the Revised Code, may
be present at all times that the board is determining the
eligibility of provisional ballots to be counted and counting
those provisional ballots determined to be eligible. No person
shall recklessly disclose the count or any portion of the count of
provisional ballots in such a manner as to jeopardize the secrecy
of any individual ballot.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, nothing Nothing in this section shall prevent a
board of elections from examining provisional ballot affirmations
and additional information under divisions (B)(1) and (2) of this
section to determine the eligibility of provisional ballots to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) of
section 3505.181 of the Revised Code that additional information
is required for the board of elections to determine the
eligibility of the individual who cast that provisional ballot
until the individual provides any information required under
division (B)(8) of section 3505.181 of the Revised Code, until any
hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until the eleventh day after the day of the election, whichever is
earlier.
Sec. 3505.20. Any person offering to vote may be challenged
at the polling place by any judge of elections precinct election
official. If the board of elections has ruled on the question
presented by a challenge prior to election day, its finding and
decision shall be final, and the presiding judge voting location
manager shall be notified in writing. If the board has not ruled,
the question shall be determined as set forth in this section. If
any person is so challenged as unqualified to vote, the presiding
judge voting location manager shall tender the person the
following oath: "You do swear or affirm under penalty of election
falsification that you will fully and truly answer all of the
following questions put to you concerning your qualifications as
an elector at this election."
(A) If the person is challenged as unqualified on the ground
that the person is not a citizen, the judges precinct election
officials shall put the following questions question:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your
citizenship? Please provide that documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the vote is
received, produce for inspection of the judges a certificate of
naturalization and declare under oath that the person is the
identical person named in the certificate. If the person states
under oath that, by reason of the naturalization of the person's
parents or one of them, the person has become a citizen of the
United States, and when or where the person's parents were
naturalized, the certificate of naturalization need not be
produced. If the person is unable to provide a certificate of
naturalization on the day of the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the ground
that the person has not resided in this state for thirty days
immediately preceding the election, the judges precinct election
officials shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges precinct election officials are unable to
verify the person's eligibility to cast a ballot in the election,
the judges precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(C) If the person is challenged as unqualified on the ground
that the person is not a resident of the precinct where the person
offers to vote, the judges precinct election officials shall put
the following questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges precinct election officials shall direct an
individual who is not in the appropriate polling place to the
appropriate polling place. If the individual refuses to go to the
appropriate polling place, or if the judges precinct election
officials are unable to verify the person's eligibility to cast a
ballot in the election, the judges precinct election officials
shall provide to the person, and the person may vote, a
provisional ballot under section 3505.181 of the Revised Code. The
provisional ballot shall not be counted unless it is properly
completed and the board of elections determines that the voter is
properly registered and eligible to vote in the election.
(D) If the person is challenged as unqualified on the ground
that the person is not of legal voting age, the judges precinct
election officials shall put the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges precinct election officials are unable to
verify the person's age and eligibility to cast a ballot in the
election, the judges precinct election officials shall provide to
the person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged as are necessary to determine the person's
qualifications as an elector at the election. If a person
challenged refuses to answer fully any question put to the person,
is unable to answer the questions as they were answered on the
registration form by the person under whose name the person offers
to vote, or refuses to sign the person's name or make the person's
mark, or if for any other reason a majority of the judges precinct
election officials believes the person is not entitled to vote,
the
judges precinct election officials shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
A qualified citizen who has certified the citizen's intention
to vote for president and vice-president as provided by Chapter
3504. of the Revised Code shall be eligible to receive only the
ballot containing presidential and vice-presidential candidates.
However, prior to the nineteenth day before the day of an
election and in accordance with section 3503.24 of the Revised
Code, any person qualified to vote may challenge the right of any
other person to be registered as a voter, or the right to cast an
absent voter's ballot, or to make application for such ballot.
Such challenge shall be made in accordance with section 3503.24 of
the Revised Code, and the board of elections of the county in
which the voting residence of the challenged voter is situated
shall make a final determination relative to the legality of such
registration or application.
Sec. 3505.21. At any primary, special, or general election,
any political party supporting candidates to be voted upon at such
election and any group of five or more candidates may appoint to
the board of elections or to any of the precincts in the county or
city one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting and counting
of the ballots; provided that separate observers may be appointed
to serve during the casting and during the counting of the
ballots. No candidate, no uniformed peace officer as defined by
section 2935.01 of the Revised Code, no uniformed state highway
patrol trooper, no uniformed member of any fire department, no
uniformed member of the armed services, no uniformed member of the
organized militia, no person wearing any other uniform, and no
person carrying a firearm or other deadly weapon shall serve as an
observer, nor shall any candidate be represented by more than one
observer at any one precinct except that a candidate who is a
member of a party controlling committee, as defined in section
3517.03 of the Revised Code, may serve as an observer. Any
political party or group of candidates appointing observers shall
notify the board of elections of the names and addresses of its
appointees and the precincts at which they shall serve.
Notification shall take place not less than eleven days before the
election on forms prescribed by the secretary of state and may be
amended by filing an amendment with the board of elections at any
time until four p.m. of the day before the election. The observer
serving on behalf of a political party shall be appointed in
writing by the chairperson and secretary of the respective
controlling party committee. Observers serving for any five or
more candidates shall have their certificates signed by those
candidates. Observers appointed to a precinct may file their
certificates of appointment with the presiding judge voting
location manager of the precinct at the meeting on the evening
prior to the election, or with the presiding judge voting location
manager of the precinct on the day of the election. Upon the
filing of a certificate, the person named as observer in the
certificate shall be permitted to be in and about the polling
place for the precinct during the casting of the ballots and shall
be permitted to watch every proceeding of the judges of elections
precinct election officials from the time of the opening until the
closing of the polls. The observer also may inspect the counting
of all ballots in the polling place or board of elections from the
time of the closing of the polls until the counting is completed
and the final returns are certified and signed. Observers
appointed to the board of elections under this section may observe
at the board of elections and may observe at any precinct in the
county. The
judges of elections precinct election officials shall
protect such observers in all of the rights and privileges granted
to them by Title XXXV of the Revised Code.
No persons other than the judges of elections precinct
election officials, the observers, a police officer, other persons
who are detailed to any precinct on request of the board of
elections, or the secretary of state or the secretary of state's
legal representative shall be admitted to the polling place, or
any room in which a board of elections is counting ballots, after
the closing of the polls until the counting, certifying, and
signing of the final returns of each election have been completed.
Not later than four p.m. of the twentieth day prior to an
election at which questions are to be submitted to a vote of the
people, any committee that in good faith advocates or opposes a
measure may file a petition with the board of any county asking
that the petitioners be recognized as the committee entitled to
appoint observers to the count at the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such a petition, the board shall decide and announce
by registered mail to each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to appoint observers. The decision shall not be
final, but any aggrieved party may institute mandamus proceedings
in the court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections precinct election
officials to accept the appointees of such aggrieved party. Any
such recognized committee may appoint an observer to the count in
each precinct. Committees appointing observers shall notify the
board of elections of the names and addresses of its appointees
and the precincts at which they shall serve. Notification shall
take place not less than eleven days before the election on forms
prescribed by the secretary of state and may be amended by filing
an amendment with the board of elections at any time until four
p.m. on the day before the election. A person so appointed shall
file the person's certificate of appointment with the presiding
judge voting location manager in the precinct in which the person
has been appointed to serve. Observers shall file their
certificates before the polls are closed. In no case shall more
than six observers be appointed for any one election in any one
precinct. If more than three questions are to be voted on, the
committees which have appointed observers may agree upon not to
exceed six observers, and the judges of elections precinct
election officials shall appoint such observers. If such
committees fail to agree, the
judges of elections precinct
election officials shall appoint six observers from the appointees
so certified, in such manner that each side of the several
questions shall be represented.
No person shall serve as an observer at any precinct unless
the board of elections of the county in which such observer is to
serve has first been notified of the name, address, and precinct
at which such observer is to serve. Notification to the board of
elections shall be given by the political party, group of
candidates, or committee appointing such observer as prescribed in
this section. No such observers shall receive any compensation
from the county, municipal corporation, or township, and they
shall take the following oath, to be administered by one of the
judges of elections precinct election officials:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to persons offering to
vote; and that you will not disclose or communicate to any person
how any elector has voted at such election."
Sec. 3505.23. No voter shall be allowed to occupy a voting
compartment or use a voting machine for more than five ten minutes
when all the voting compartments or machines are in use and voters
are waiting to occupy them. Except as otherwise provided by
section 3505.24 of the Revised Code, no voter shall occupy a
voting compartment or machine with another person or speak to
anyone, nor shall anyone speak to the voter, while the voter is in
a voting compartment or machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election officials
and a second ballot shall be issued to the voter. Before returning
a torn, soiled, defaced, or erroneously marked ballot, the voter
shall fold it so as to conceal any marks the voter made upon it,
but the voter shall not remove Stub A therefrom. If the voter
tears, soils, defaces, or erroneously marks such second ballot,
the voter may return it to the precinct election officials, and a
third ballot shall be issued to the voter. In no case shall more
than three ballots be issued to a voter. Upon receiving a returned
torn, soiled, defaced, or erroneously marked ballot the precinct
election officials shall detach Stub A therefrom, write "Defaced"
on the back of such ballot, and place the stub and the ballot in
the separate containers provided therefor.
No elector shall leave the polling place until the elector
returns to the precinct election officials every ballot issued to
the elector with Stub A on each ballot attached thereto,
regardless of whether the elector has or has not placed any marks
upon the ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face of the
ballot is visible, and so that the printing thereon indicating the
kind of ballot it is and the facsimile signatures of the members
of the board of elections are visible. The voter shall then leave
the voting compartment, deliver the voter's ballots, and state the
voter's name to the judge precinct election official having charge
of the ballot boxes box, who shall announce the name, detach Stub
A from each ballot, and announce the number on the stubs. The
judges
precinct election officials in charge of the poll lists or
poll books shall check to ascertain whether the number so
announced is the number on Stub B of the ballots issued to such
voter, and if no discrepancy appears to exist, the judge precinct
election official in charge of the ballot boxes box shall, in the
presence of the voter, deposit each such ballot in the proper
ballot box and shall place Stub A from each ballot in the
container provided therefor. The voter shall then immediately
leave the polling place.
No ballot delivered by a voter to the judge precinct election
official in charge of the ballot boxes box with Stub A detached
therefrom, and only ballots provided in accordance with Title XXXV
of the Revised Code, shall be voted or deposited in the ballot
boxes box.
In marking a presidential ballot, the voter shall record the
vote in the manner provided on the ballot next to the names of the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of such
nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot
next to the name of each candidate for whom the voter desires to
vote.
In marking a primary election ballot, the voter shall record
the vote in the manner provided on the ballot next to the name of
each candidate for whom the voter desires to vote. If the voter
desires to vote for the nomination of a person whose name is not
printed on the primary election ballot, the voter may do so by
writing such person's name on the ballot in the proper place
provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the manner provided on the ballot at the left
or at the right of "YES" or "NO" or other words of similar import
which are printed on the ballot to enable the voter to indicate
how the voter votes in connection with each question or issue upon
which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom the elector desires to vote, the elector shall write such
person's name in such blank space and on no other place on the
ballot. Unless specific provision is made by statute, no blank
space shall be provided on a ballot for write-in votes, and any
names written on a ballot other than in a blank space provided
therefor shall not be counted or recorded.
Sec. 3505.24. Any elector who declares to the presiding
judge of elections voting location manager that the elector is
unable to mark the elector's ballot by reason of blindness,
disability, or illiteracy may be accompanied in the voting booth
and aided by any person of the elector's choice, other than the
elector's employer, an agent of the elector's employer, or an
officer or agent of the elector's union, if any. The elector also
may request and receive assistance in the marking of the elector's
ballot from two election officials of different political parties.
Any person providing assistance in the marking of an elector's
ballot under this section shall thereafter provide no information
in regard to the marking of that ballot.
Any judge precinct election official may require a
declaration of inability to be made by the elector under oath
before the judge official. Assistance shall not be rendered for
causes other than those specified in this section, and no
candidate whose name appears on the ballot shall assist any person
in marking that person's ballot.
Sec. 3505.26. At the time for closing the polls, the
presiding judge voting location manager shall by proclamation
announce that the polls are closed.
The judges precinct election officials shall then in the
presence of observers proceed as follows:
(A) Count the number of electors who voted, as shown on the
pollbooks;
(B) Count the unused ballots without removing stubs;
(C) Count the soiled and defaced ballots;
(D) Insert the totals of (A), (B), and (C) on the report
forms provided therefor in the pollbook;
(E) Count the voted ballots. If the number of voted ballots
exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge voting location manager shall enter
on the pollbooks an explanation of that discrepancy, and that
explanation, if agreed to, shall be subscribed to by all of the
judges precinct election officials. Any judge precinct official
having a different explanation shall enter it in the pollbooks and
subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, certify the number, and then proceed
to count and tally the votes in the manner prescribed by section
3505.27 of the Revised Code and certify the result of the election
to the board of elections.
Sec. 3505.28. (A)(1) No ballot shall be counted which is
marked contrary to law, except that no ballot shall be rejected
for any technical error unless it is impossible to determine the
voter's choice. If
(2) A ballot is marked contrary to law and does not contain a
technical error if the voter marks more selections for a
particular office, question, or issue than the number of
selections that the voter is allowed by law to make for that
office, question, or issue.
(3) Except as otherwise provided in this division, a voter
makes more selections for a particular office than the voter is
allowed by law to make for that office if the voter marks the
ballot for a candidate and also writes in the name of that
candidate as a write-in vote. If all of the following apply, then
the ballot is not marked contrary to law and the ballot shall be
counted:
(a) The voter marks the ballot for a candidate and writes in
the identical candidate's name;
(b) The ballots are counted at a central location using
automatic tabulating equipment; and
(c) At least three members of the board of elections agree
that the candidate's name, as it appears on the ballot, and the
name of the candidate written in by the voter are identical.
(4) If the voter makes more selections for a particular
office, question, or issue than the number of selections that the
voter is allowed by law to make, the voter's ballot shall be
invalidated for that office, question, or issue, but shall not be
invalidated for any other office, question, or issue for which the
voter has not marked an excess number of selections.
(B) If two or more ballots are found folded together among
the ballots removed from a ballot box, they shall be deemed to be
fraudulent. Such ballots shall not be counted. They shall be
marked "Fraudulent" and shall be placed in an envelope indorsed
"Not Counted" with the reasons therefor, and such envelope shall
be delivered to the board of elections together with other
uncounted ballots.
(C) No ballot shall be rejected because of being marked with
ink or by any writing instrument other than one of the pencils
provided by the board of elections.
Sec. 3505.29. From the time the ballot box is opened and the
count of ballots begun until the ballots are counted and
certificates of votes cast are made out, signed, certified and
given to the presiding judge voting location manager for delivery
to the headquarters of the board of elections, the judges precinct
election officials in each precinct shall not separate, nor shall
a judge precinct election official leave the polling place except
from unavoidable necessity. In cases of illness or unavoidable
necessity, the board may substitute another qualified person for
any precinct official so incapacitated.
Sec. 3505.30. When the results of the ballots have been
ascertained, such results shall be embodied in a summary statement
to be prepared by the judges precinct election officials in
duplicate, on forms provided by the board of elections. One copy
shall be certified by the judges precinct election officials and
posted on the front of the polling place, and one copy, similarly
certified, shall be transmitted without delay to the board in a
sealed envelope along with the other returns of the election. The
board shall, immediately upon receipt of such summary statements,
compile and prepare an unofficial count and upon its completion
shall transmit prepaid, immediately by telephone, facsimile
machine, or other telecommunications device, the results of such
unofficial count to the secretary of state, or to the board of the
most populous county of the district which is authorized to
canvass the returns. Such count, in no event, shall be made later
than twelve noon on the day following the election.
The board
shall also, at the same time, certify the results thereof to the
secretary of state by certified mail. The board shall remain in
session from the time of the opening of the polls, continuously,
until the results of the election are received from every precinct
in the county and such results are communicated to the secretary
of state.
Sec. 3505.31. When the results of the voting in a polling
place on the day of an election have been determined and entered
upon the proper forms and the certifications of those results have
been signed by the precinct officials, those officials, before
leaving the polling place, shall place all ballots that they have
counted in containers provided for that purpose by the board of
elections, and shall seal each container in a manner that it
cannot be opened without breaking the seal or the material of
which the container is made. They shall also seal the pollbook,
poll list or signature pollbook, and tally sheet in a manner that
the data contained in these items cannot be seen without breaking
the seals. On the outside of these items shall be a plain
indication that they are to be filed with the board. The
presiding
judge voting location manager and an employee or appointee of the
board of elections who has taken an oath to uphold the laws and
constitution of this state, including an oath that the person will
promptly and securely perform the duties required under this
section and who is a member of a different political party than
the presiding judge voting location manager, shall then deliver to
the board the containers of ballots and the sealed pollbook, poll
list, and tally sheet, together with all other election reports,
materials, and supplies required to be delivered to the board.
The board shall carefully preserve all ballots prepared and
provided by it for use in an election, whether used or unused, for
sixty days after the day of the election, except that, if an
election includes the nomination or election of candidates for any
of the offices of president, vice-president, presidential elector,
member of the senate of the congress of the United States, or
member of the house of representatives of the congress of the
United States, the board shall carefully preserve all ballots
prepared and provided by it for use in that election, whether used
or unused, for twenty-two months after the day of the election. If
an election is held within that sixty-day period, the board shall
have authority to transfer those ballots to other containers to
preserve them until the sixty-day period has expired. After that
sixty-day period, the ballots shall be disposed of by the board in
a manner that the board orders, or where voting machines have been
used the counters may be turned back to zero; provided that the
secretary of state, within that sixty-day period, may order the
board to preserve the ballots or any part of the ballots for a
longer period of time, in which event the board shall preserve
those ballots for that longer period of time.
In counties where voting machines are used, if an election is
to be held within the sixty days immediately following a primary,
general, or special election or within any period of time within
which the ballots have been ordered preserved by the secretary of
state or a court of competent jurisdiction, the board, after
giving notice to all interested parties and affording them an
opportunity to have a representative present, shall open the
compartments of the machines and, without unlocking the machines,
shall recanvass the vote cast in them as if a recount were being
held. The results shall be certified by the board, and this
certification shall be filed in the board's office and retained
for the remainder of the period for which ballots must be kept.
After preparation of the certificate, the counters may be turned
back to zero, and the machines may be used for the election.
The board shall carefully preserve the pollbook, poll list or
signature pollbook, and tally sheet delivered to it from each
polling place until it has completed the official canvass of the
election returns from all precincts in which electors were
entitled to vote at an election, and has prepared and certified
the abstracts of election returns, as required by law. The board
shall not break, or permit anyone to break, the seals upon the
pollbook, poll list or signature pollbook, and tally sheet, or
make, or permit any one to make, any changes or notations in these
items, while they are in its custody, except as provided by
section 3505.32 of the Revised Code.
Pollbooks and poll lists or signature pollbooks of a party
primary election delivered to the board from polling places shall
be carefully preserved by it for two years after the day of
election in which they were used, and shall then be disposed of by
the board in a manner that the board orders.
Pollbooks, poll lists or signature pollbooks, tally sheets,
summary statements, and other records and returns of an election
delivered to it from polling places shall be carefully preserved
by the board for two years after the day of the election in which
they were used, and shall then be disposed of by the board in a
manner that the board orders.
Sec. 3506.021. (A) A board of elections may adopt the use of
any electronic pollbook that has been certified for use in this
state in accordance with section 3506.05 of the Revised Code,
instead of using poll lists or signature pollbooks. A board of
elections that opts to use electronic pollbooks shall notify the
secretary of state of that decision.
(B) The secretary of state shall provide each board of
elections that adopts the use of electronic pollbooks under
division (A) of this section with rules, instructions, directives,
and advisories regarding the examination, testing, and use of
electronic pollbooks, including rules regarding the sealing of the
information in those pollbooks as required under section 3505.31
of the Revised Code.
(C) As used in this section, "electronic pollbook" has the
same meaning as in section 3506.05 of the Revised Code.
Sec. 3506.05. (A) As used in this section, except:
(1) "Electronic pollbook" means an electronic list of
registered voters for a particular precinct or polling location
that may be transported to a polling location;
(2) Except when used as part of the phrase "tabulating
equipment" or "automatic tabulating equipment,":
(1) "Equipment" "equipment" means a voting machine, marking
device, automatic tabulating equipment, or software, or an
electronic pollbook.
(2)(3) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic tabulating
equipment, or software for the purpose of casting or tabulating
votes or for communications among systems involved in the
tabulation, storage, or casting of votes, and no electronic
pollbook, shall be purchased, leased, put in use, or continued to
be used, except for experimental use as provided in division (B)
of section 3506.04 of the Revised Code, unless it, a manual of
procedures governing its use, and training materials, service, and
other support arrangements have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the use
of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related
manuals and support arrangements. The board shall consist of four
members, who shall be appointed as follows:
(1) Two members appointed by the secretary of state.
(2) One member appointed by either the speaker of the house
of representatives or the minority leader of the house of
representatives, whichever is a member of the opposite political
party from the one to which the secretary of state belongs.
(3) One member appointed by either the president of the
senate or the minority leader of the senate, whichever is a member
of the opposite political party from the one to which the
secretary of state belongs.
In all cases of a tie vote or a disagreement in the board, if
no decision can be arrived at, the board shall submit the matter
in controversy to the secretary of state, who shall summarily
decide the question, and the secretary of state's decision shall
be final. Each member of the board shall be a competent and
experienced election officer or a person who is knowledgeable
about the operation of voting equipment and shall serve during the
secretary of state's term. Any vacancy on the board shall be
filled in the same manner as the original appointment. The
secretary of state shall provide staffing assistance to the board,
at the board's request.
For the member's service, each member of the board shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine, and
electronic pollbook examined and reported, but in no event shall a
member receive more than six hundred dollars to examine and report
on any one marking device, item of tabulating equipment, or voting
machine, or electronic pollbook. Each member of the board shall be
reimbursed for expenses the member incurs during an examination or
during the performance of any related duties that may be required
by the secretary of state. Reimbursement of these expenses shall
be made in accordance with, and shall not exceed, the rates
provided for under section 126.31 of the Revised Code.
Neither the secretary of state nor the board, nor any public
officer who participates in the authorization, examination,
testing, or purchase of equipment, shall have any pecuniary
interest in the equipment or any affiliation with the vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all current
related procedural manuals, and a current description of all
related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission
shall be accompanied by a fee of eighteen hundred dollars and a
detailed explanation of the construction and method of operation
of the equipment, a full statement of its advantages, and a list
of the patents and copyrights used in operations essential to the
processes of vote recording and tabulating, vote storage, system
security, pollbook storage and security, and other crucial
operations of the equipment as may be determined by the board. An
additional fee, in an amount to be set by rules promulgated by the
board, may be imposed to pay for the costs of alternative testing
or testing by persons other than board members, record-keeping,
and other extraordinary costs incurred in the examination process.
Moneys not used shall be returned to the person or entity
submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely for
the purpose of paying for the services and expenses of each member
of the board or for other expenses incurred relating to the
examination, testing, reporting, or certification of voting
machine devices equipment, the performance of any related duties
as required by the secretary of state, or the reimbursement of any
person submitting an examination fee as provided in this chapter.
(D) Within sixty days after the submission of the equipment
and payment of the fee, or as soon thereafter as is reasonably
practicable, but in any event within not more than ninety days
after the submission and payment, the board of voting machine
examiners shall examine the equipment and file with the secretary
of state a written report on the equipment with its
recommendations and, if applicable, its determination or condition
of approval regarding whether the equipment, manual, and other
related materials or arrangements meet the criteria set forth in
sections 3506.07 and 3506.10 of the Revised Code and can be safely
used by the voters at elections under the conditions prescribed in
Title XXXV of the Revised Code, or a written statement of reasons
for which testing requires a longer period. The board may grant
temporary approval for the purpose of allowing experimental use of
equipment. If the board finds that the equipment meets the any
applicable criteria set forth in sections 3506.06, 3506.07, and
3506.10 of the Revised Code, can be used safely and, if
applicable, can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to be
warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Equipment of the same model
and make, if it provides for recording of voter intent, system
security, voter privacy, retention of vote, and communication of
voting records operates in an identical manner, may then be
adopted for use at elections.
(E) The vendor shall notify the secretary of state, who shall
then notify the board of voting machine examiners, of any
enhancement and any significant adjustment to the hardware or
software that could result in a patent or copyright change or that
significantly alters the methods of recording voter intent, system
security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other
systems. The vendor shall provide the secretary of state with an
updated operations manual for the equipment, and the secretary of
state shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of state
shall periodically examine, test, and inspect certified equipment
to determine continued compliance with the requirements of this
chapter and the initial certification. Any examination, test, or
inspection conducted for the purpose of continuing certification
of any equipment in which a significant problem has been uncovered
or in which a record of continuing problems exists shall be
performed pursuant to divisions (C) and (D) of this section, in
the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the certification of equipment, the
board of voting machine examiners or the secretary of state is
notified by a board of elections of any significant problem with
the equipment or determines that the equipment fails to meet the
requirements necessary for approval or continued compliance with
the requirements of this chapter, or if the board of voting
machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if
notice of such enhancements or adjustments has not been given as
required by division (E) of this section, the secretary of state
shall notify the users and vendors of that equipment that
certification of the equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall specify
both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless
the vendor takes satisfactory corrective measures or explains why
there are no problems with the equipment or why the enhancements
or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of this
section shall, within thirty days after receiving it, submit to
the board of voting machine examiners in writing a description of
the corrective measures taken and the date on which they were
taken, or the explanation required under division (G)(1)(b) of
this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3) of
this section indicating a decision to withdraw certification may,
within thirty days after receiving it, request in writing that the
board hold a hearing to reconsider its decision. Any interested
party shall be given the opportunity to submit testimony or
documentation in support of or in opposition to the board's
recommendation to withdraw certification. Failure of the vendor to
take appropriate steps as described in division (G)(1)(b) or to
comply with division (G)(2) of this section results in a waiver of
the vendor's rights under division (G)(4) of this section.
(H)(1) The secretary of state, in consultation with the board
of voting machine examiners, shall establish, by rule, guidelines
for the approval, certification, and continued certification of
the voting machines, marking devices, and tabulating equipment,
and electronic pollbooks to be used under Title XXXV of the
Revised Code. The guidelines shall establish procedures requiring
vendors or computer software developers to place in escrow with an
independent escrow agent approved by the secretary of state a copy
of all source code and related documentation, together with
periodic updates as they become known or available. The secretary
of state shall require that the documentation include a system
configuration and that the source code include all relevant
program statements in low- or high-level languages. As used in
this division, "source code" does not include variable codes
created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of state
from following or adopting, any guidelines proposed by the federal
election commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance
commission, or any entity authorized by the election assistance
commission to propose guidelines.
(3)(a) Before the initial certification of any direct
recording electronic voting machine with a voter verified paper
audit trail, and as a condition for the continued certification
and use of those machines, the secretary of state shall establish,
by rule, standards for the certification of those machines. Those
standards shall include, but are not limited to, all of the
following:
(i) A definition of a voter verified paper audit trail as a
paper record of the voter's choices that is verified by the voter
prior to the casting of the voter's ballot and that is securely
retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail
shall not be retained by any voter and shall not contain
individual voter information;
(iii) A prohibition against the production by any direct
recording electronic voting machine of anything that legally could
be removed by the voter from the polling place, such as a receipt
or voter confirmation;
(iv) A requirement that paper used in producing a voter
verified paper audit trail be sturdy, clean, and resistant to
degradation;
(v) A requirement that the voter verified paper audit trail
shall be capable of being optically scanned for the purpose of
conducting a recount or other audit of the voting machine and
shall be readable in a manner that makes the voter's ballot
choices obvious to the voter without the use of computer or
electronic codes;
(vi) A requirement, for office-type ballots, that the voter
verified paper audit trail include the name of each candidate
selected by the voter;
(vii) A requirement, for questions and issues ballots, that
the voter verified paper audit trail include the title of the
question or issue, the name of the entity that placed the question
or issue on the ballot, and the voter's ballot selection on that
question or issue, but not the entire text of the question or
issue.
(b) The secretary of state, by rule adopted under Chapter
119. of the Revised Code, may waive the requirement under division
(H)(3)(a)(v) of this section, if the secretary of state determines
that the requirement is cost prohibitive.
(4)(a) Except as otherwise provided in division (H)(4)(c) of
this section, any voting machine, marking device, or automatic
tabulating equipment initially certified or acquired on or after
December 1, 2008, shall have the most recent federal certification
number issued by the election assistance commission.
(b) Any voting machine, marking device, or automatic
tabulating equipment certified for use in this state on the
effective date of this amendment September 12, 2008, shall meet,
as a condition of continued certification and use, the voting
system standards adopted by the federal election commission in
2002.
(c) A county that acquires additional voting machines,
marking devices, or automatic tabulating equipment on or after
December 1, 2008, shall not be considered to have acquired those
machines, devices, or equipment on or after December 1, 2008, for
the purpose of division (H)(4)(a) of this section if all of the
following apply:
(i) The voting machines, marking devices, or automatic
tabulating equipment acquired are the same as the machines,
devices, or equipment currently used in that county.
(ii) The acquisition of the voting machines, marking devices,
or automatic tabulating equipment does not replace or change the
primary voting system used in that county.
(iii) The acquisition of the voting machines, marking
devices, or automatic tabulating equipment is for the purpose of
replacing inoperable machines, devices, or equipment or for the
purpose providing additional machines, devices, or equipment
required to meet the allocation requirements established pursuant
to division (I) of section 3501.11 of the Revised Code.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of these
are in use or are to be used, the board of elections:
(A) May combine, rearrange, and enlarge precincts; but the
board shall arrange for a sufficient number of these devices to
accommodate the number of electors in each precinct as determined
by the number of votes cast in that precinct at the most recent
election for the office of governor, taking into consideration the
size and location of each selected polling place, available
parking, handicap accessibility and other accessibility to the
polling place, and the number of candidates and issues to be voted
on. Notwithstanding section 3501.22 of the Revised Code, the board
may appoint more than four precinct officers to each precinct if
this is made necessary by the number of voting machines to be used
in that precinct.
(B) Except as otherwise provided in this division, shall
establish one or more counting stations to receive voted ballots
and other precinct election supplies after the polling precincts
are closed. Those stations shall be under the supervision and
direction of the board of elections. Processing and counting of
voted ballots, and the preparation of summary sheets, shall be
done in the presence of observers approved by the board. A
certified copy of the summary sheet for the precinct shall be
posted at each counting station immediately after completion of
the summary sheet.
In counties where punch card ballots are used, one or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.15. The secretary of state shall provide each
board of elections with rules, instructions, directives, and
advisories regarding the examination, testing, and use of the
voting machine and tabulating equipment, the assignment of duties
of booth officials, the procedure for casting a vote on the
machine, and how the vote shall be tallied and reported to the
board, and with other rules, instructions, directives, and
advisories the secretary of state finds necessary to ensure the
adequate care and custody of voting equipment, and the accurate
registering, counting, and canvassing of the votes as required by
this chapter. The boards of elections shall be charged with the
responsibility of providing for the adequate instruction of voters
and election officials in the proper use of the voting machine and
marking devices.
The boards' instructions shall include, in
counties where punch card ballots are used, instructions that each
voter shall examine the voter's marked ballot card and remove any
chads that remain partially attached to it before returning it to
election officials.
The secretary of state's rules, instructions, directives, and
advisories provided under this section shall comply, insofar as
practicable, with this chapter. The provisions of Title XXXV of
the Revised Code, not inconsistent with the provisions relating to
voting machines, apply in any county using a voting machine.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state. Those
ballots shall be the same size, shall be printed on the same kind
of paper, and shall be in the same form as has been approved for
use at the election for which those ballots are to be voted;
except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall
be instructed to record the vote in the manner provided on the
ballot cards. In counties where punch card ballots are used, those
absent voters shall be instructed to examine their marked ballot
cards and to remove any chads that remain partially attached to
them before returning them to election officials.
(B) The rotation of names of candidates and questions and
issues shall be substantially complied with on absent voter's
ballots, within the limitation of time allotted. Those ballots
shall be designated as "Absent Voter's Ballots." Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the Uniformed and Overseas Citizens
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, ballots shall be printed and ready
for use on the forty-fifth day before the day of the election.
(2) For all other voters, other than overseas voters and
absent uniformed services voters, who are applying to vote absent
voter's ballots other than in person, ballots shall be printed and
ready for use on the
thirty-fifth twenty-first day before the day
of the election.
(3) For all voters who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the sixteenth day before the day of the election and
shall continue to be available for use through six p.m. on the
last Friday before the day of the election, except that ballots
shall not be available for use on Sunday. On the days in which
absent voter's ballots are available for use in person, those
ballots shall be available from eight a.m. through six p.m. Monday
through Friday, and from eight a.m. through twelve p.m. on
Saturday.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state, shall
include only those questions, issues, and candidacies that have
been lawfully ordered submitted to the electors voting at that
election.
(D) If the laws governing the holding of a special election
on a day other than the day on which a primary or general election
is held make it impossible for absent voter's ballots to be
printed and ready for use by the deadlines established in division
(B) of this section, absent voter's ballots for those special
elections shall be ready for use as many days before the day of
the election as reasonably possible under the laws governing the
holding of that special election.
(E) A copy of the absent voter's ballots shall be forwarded
by the director of the board in each county to the secretary of
state at least twenty-five days before the election.
(F) As used in this section, "chad" and "punch card ballot"
have the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.03. Except as provided in section 3509.031 or
division (B) of section 3509.08 of the Revised Code, any qualified
elector desiring to vote absent voter's ballots at an election
shall make written application for those ballots to the director
board of elections of the county in which the elector's voting
residence is located. The application need not be in any
particular form but shall contain all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security
number;
(3) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector.
(F) A statement identifying the election for which absent
voter's ballots are requested;
(G) A statement that the person requesting the ballots is a
qualified elector;
(H) If the request is for primary election ballots, the
elector's party affiliation;
(I) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
Each application for absent voter's ballots shall be
delivered to the director board not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which the ballots are to be
voted, or not later than the close of regular business hours on
the day before the day of the election at which the ballots are to
be voted if the application is delivered in person to the office
of the board.
A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and
who will be unable to vote on election day on account of that
active duty may make written application for absent voter's
ballots to the director board of elections for the county in which
the elector's voting residence is located. The elector may
personally deliver the application to the director office of the
board or may mail it, send it by facsimile machine, or otherwise
send it to the director board. The application need not be in any
particular form but shall contain all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) Application to have absent voter's ballots mailed or sent
by facsimile machine to a qualified elector who is a member of the
organized militia called to active duty within the state and who
will be unable to vote on election day on account of that active
duty may be made by the spouse of the militia member or the
father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of the militia member.
The application shall be in writing upon a blank form furnished
only by the director board of elections. The form of the
application shall be prescribed by the secretary of state. The
director board shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative in person at
the office of the board or upon the written request of such a
relative mailed to the office of the board. The application,
subscribed and sworn to by the applicant, shall contain all of the
following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified elector in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature and address of the person making the
application.
(C) Applications to have absent voter's ballots mailed or
sent by facsimile machine shall not be valid if dated, postmarked,
or received by the director board prior to the ninetieth day
before the day of the election for which ballots are requested or
if delivered to the director board later than twelve noon of the
third day preceding the day of such election. If, after the
ninetieth day and before four p.m. of the day before the day of an
election, a valid application for absent voter's ballots is
delivered to the
director of elections at the office of the board
by a militia member making application in the militia member's own
behalf, the
director board shall forthwith deliver to the militia
member all absent voter's ballots then ready for use, together
with an identification envelope. The militia member shall then
vote the absent voter's ballots in the manner provided in section
3509.05 of the Revised Code.
(D) A board of elections shall not mail any unsolicited
applications for absent voter's ballots. A board shall only mail
an absent voter's ballot application to an elector who has
requested such an application from the board. A board of elections
that mails an absent voter's ballot application to an elector
under this section shall not prepay the return postage for that
application.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director board
promptly shall notify the applicant of the additional information
required to be provided by the applicant to complete that
application.
(B) Upon receipt by the director a board of elections of an
application for absent voter's ballots that contains all of the
required information, as provided by sections 3509.03 and 3509.031
and division (G) of section 3503.16 of the Revised Code, the
director board, if the director board finds that the applicant is
a qualified elector, shall deliver to the applicant in person or
mail directly to the applicant by special delivery mail, air mail,
or regular mail, postage prepaid, proper absent voter's ballots.
The director board shall deliver or mail with the ballots an
unsealed identification envelope upon the face of which shall be
printed a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, a United States
passport, or a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections, that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director board of elections shall mail with the ballots
and the unsealed identification envelope an unsealed return
envelope upon the face of which shall be printed the official
title and post-office address of the director board. In the upper
left corner on the face of the return envelope, several blank
lines shall be printed upon which the voter may write the voter's
name and return address. The return envelope shall be of such size
that the identification envelope can be conveniently placed within
it for returning the identification envelope to the director
board.
Sec. 3509.05. (A) When an elector receives an absent voter's
ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note
whether there are any voting marks on it. If there are any voting
marks, the ballot shall be returned immediately to the board of
elections; otherwise, the elector shall cause the ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are visible, and placed and sealed
within the identification envelope received from the director
board of elections for that purpose. Then, the elector shall cause
the statement of voter on the outside of the identification
envelope to be completed and signed, under penalty of election
falsification.
If the elector does not provide the elector's driver's
license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope
with the identification envelope a copy of the elector's current
valid photo identification, a copy of a military identification, a
copy of a United States passport, or a copy of a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections
under section 3503.19 of the Revised Code, that shows the name and
address of the elector.
The elector shall mail the identification envelope to the
director board of elections from whom which it was received in the
return envelope, postage prepaid, or the elector may personally
deliver it to the director office of the board, or the spouse of
the elector, the father, mother, father-in-law, mother-in-law,
grandfather, grandmother, brother, or sister of the whole or half
blood, or the son, daughter, adopting parent, adopted child,
stepparent, stepchild, uncle, aunt, nephew, or niece of the
elector may deliver it to the director board. The return envelope
shall be transmitted to the director board in no other manner,
except as provided in section 3509.08 of the Revised Code.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in division (B) of this section,
all other envelopes containing marked absent voter's ballots shall
be delivered to the director board not later than the close of the
polls on the day of an election. Absent voter's ballots delivered
to the
director board later than the times specified shall not be
counted, but shall be kept by the board in the sealed
identification envelopes in which they are delivered to the
director board, until the time provided by section 3505.31 of the
Revised Code for the destruction of all other ballots used at the
election for which ballots were provided, at which time they shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, any return envelope that is postmarked prior to the
day of the election shall be delivered to the director board prior
to the eleventh day after the election. Ballots delivered in
envelopes postmarked prior to the day of the election that are
received after the close of the polls on election day through the
tenth day thereafter shall be counted on the eleventh day at the
board of elections in the manner provided in divisions (C) and (D)
of section 3509.06 of the Revised Code. Any such ballots that are
received by the director board later than the tenth day following
the election shall not be counted, but shall be kept by the board
in the sealed identification envelopes as provided in division (A)
of this section.
(2) Division (B)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(C) Upon receipt of any return envelope prior to the eleventh
day after the day of any election, the board of elections shall
open it but shall not open the identification envelope contained
in it. If, upon so opening the return envelope, the board finds
ballots in it that are not enclosed in and properly sealed in the
identification envelope, the board shall not look at the markings
upon the ballots and shall promptly place them in the
identification envelope and promptly seal it. If, upon so opening
the return envelope, the board finds that ballots are enclosed in
the identification envelope but that it is not properly sealed,
the board shall not look at the markings upon the ballots and
shall promptly seal the identification envelope.
Sec. 3509.051. Notwithstanding section 3509.05 or any other
provision of the Revised Code to the contrary, all of the
following shall apply to the casting of absent voter's ballots in
person:
(A) The absent voter shall provide identification to the
election officials in the same manner as a voter who casts a
ballot in person on the day of an election is required to provide
identification under section 3505.18 of the Revised Code.
(B) The absent voter shall not be required to complete a
statement of voter on an absent voter's ballot identification
envelope.
(C) The board of elections shall provide a signature book to
be signed by absent voters who are casting their ballots in
person.
(D) If a board of elections employs more than one location
for casting absent voter's ballots in person before an election
under division (C) of section 3501.10 of the Revised Code, an
electronic pollbook that provides real time access to voting
records shall be used in each such location.
(E) No person other than a precinct election official shall
be permitted to challenge the right to vote of an absent voter who
is casting a ballot in person. A precinct election official may
challenge the right to vote of an absent voter who is casting a
ballot in person in the same manner as a precinct election
official may challenge the right to vote of an elector on the day
of an election under section 3505.20 or 3513.19 of the Revised
Code.
(F) No absent voter may receive a replacement ballot after
the voter's absent voter's ballot has been scanned or entered into
automatic tabulating equipment.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
board shall deliver to the presiding judge voting location manager
of each precinct on election day identification envelopes
purporting to contain absent voter's ballots of electors whose
voting residence appears from the statement of voter on the
outside of each of those envelopes, to be located in such
presiding judge's
that manager's precinct, and which were
received by the director board not later than the close of the
polls on election day. The
director board shall deliver to such
presiding judge the voting location manager a list containing the
name and voting residence of each person whose voting residence is
in such precinct to whom absent voter's ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges officials shall be appointed by the board for that
purpose having the same authority as is exercised by precinct
judges election officials. The votes so cast shall be added to the
vote totals by the board for the precincts in which the applicable
absent voters reside, and the absent voter's ballots shall be
preserved separately by the board, in the same manner and for the
same length of time as provided by section 3505.31 of the Revised
Code.
(D) Each of the identification envelopes purporting to
contain absent voter's ballots delivered to the presiding judge
voting location manager of the precinct or the special judge
election official appointed by the board of elections shall be
handled as follows: The election officials shall compare the
signature of the elector on the outside of the identification
envelope with the signature of that elector on the elector's
registration form and verify that the absent voter's ballot is
eligible to be counted under section 3509.07 of the Revised Code.
Any of the precinct officials may challenge the right of the
elector named on the identification envelope to vote the absent
voter's ballots upon the ground that the signature on the envelope
is not the same as the signature on the registration form, that
the identification envelope statement of voter has not been
completed, or upon any other of the grounds upon which the right
of persons to vote may be lawfully challenged. If no such
challenge is made, or if such a challenge is made and not
sustained, the presiding judge voting location manager shall open
the envelope without defacing the statement of voter and without
mutilating the ballots in it, and shall remove the ballots
contained in it and proceed to count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting an
absent voter's ballot, other than such persons entitled to vote
only a presidential ballot, shall be entered in the pollbook or
poll list or signature pollbook and the person's registration card
marked to indicate that the person has voted.
The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons the
ballots were not counted, and shall be delivered to the board.
(E) Special election judges officials, employees or members
of the board of elections, or observers shall not disclose the
count or any portion of the count of absent voter's ballots prior
to the time of the closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the
Revised Code to witness the examination and opening of
identification envelopes and the counting of absent voters'
ballots under this section.
Sec. 3509.07. If (A) Except as otherwise provided in
division (B) of this section, if election officials find that the
statement accompanying an absent voter's ballot or absent voter's
presidential ballot is insufficient incomplete, that the
signatures do not correspond with the person's registration
signature, that the applicant is not a qualified elector in the
precinct, that the ballot envelope contains more than one ballot
of any one kind, or any voted ballot that the elector is not
entitled to vote, that Stub A is detached from not included in the
envelope with the absent voter's ballot or absent voter's
presidential ballot, or that the elector has not included with the
elector's ballot any identification required under section 3509.05
or 3511.09 of the Revised Code, the vote shall not be accepted or
counted. The vote of any absent voter may be challenged for cause
in the same manner as other votes are challenged, and the election
officials shall determine the legality of that ballot. Every
ballot not counted shall be endorsed on its back "Not Counted"
with the reasons the ballot was not counted, and shall be enclosed
and returned to or retained by the board of elections along with
the contested ballots.
(B) If, in determining the validity of absent voter's ballots
under division (A) of this section, the election officials
determine that an absent voter's ballot envelope statement of
voter has not been signed, the election officials shall not count
the ballot enclosed in the envelope. If the election officials are
able to determine the identity of the absent voter who returned
the unsigned identification envelope, the election officials shall
do all of the following:
(1) Reinstate the elector's eligibility to receive and cast a
ballot in that election;
(2) Remove the notation in the poll list or signature
pollbook that indicates that the elector has requested an absent
voter's ballot for that election and that otherwise would require
the elector to cast a provisional ballot on the day of the
election;
(3) Note, on the unsigned identification envelope, that the
envelope is unsigned, that the ballot within that envelope shall
not be counted, and that the voter's right to cast a ballot in
that election was reinstated;
(4) For any such ballot received five or more days before the
day of the election, mail a notification of the elector's
reinstated eligibility to vote by any legal means to the elector's
address on file with the board;
(5) Permit that elector to cast a regular ballot in that
election.
(C) An elector who casts a ballot under division (B) of this
section after having that elector's absent voter's ballot rejected
due to a lack of a signature on the identification envelope shall
not be considered to have voted or to have attempted to vote more
than once under division (A)(2) of section 3599.12 of the Revised
Code, and no prosecution shall commence against such an elector on
that basis.
(D) The uncounted ballots shall be preserved in their
identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
Sec. 3509.08. (A) Any qualified elector, who, on account of
the elector's own personal illness, physical disability, or
infirmity, or on account of the elector's confinement in a jail or
workhouse under sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will be unable to travel from the elector's
home or place of confinement to the voting booth in the elector's
precinct on the day of any general, special, or primary election
may make application in writing for an absent voter's ballot to
the director of the board of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of the elector's illness, physical disability, or
infirmity, or the fact that the elector is confined in a jail or
workhouse and the elector's resultant inability to travel to the
election booth in the elector's precinct on election day. The
application shall not be valid if it is delivered to the director
board before the ninetieth day or after twelve noon of the third
day before the day of the election at which the ballot is to be
voted.
The absent voter's ballot may be mailed directly to the
applicant at the applicant's voting residence or place of
confinement as stated in the applicant's application, or the board
may designate two board employees belonging to the two major
political parties for the purpose of delivering the ballot to the
disabled or confined elector and returning it to the board, unless
the applicant is confined to a public or private institution
within the county, in which case the board shall designate two
board employees belonging to the two major political parties for
the purpose of delivering the ballot to the disabled or confined
elector and returning it to the board. In all other instances, the
ballot shall be returned to the office of the board in the manner
prescribed in section 3509.05 of the Revised Code.
Any disabled or confined elector who declares to the two
board employees belonging to the two major political parties that
the elector is unable to mark the elector's ballot by reason of
physical infirmity that is apparent to the employees to be
sufficient to incapacitate the voter from marking the elector's
ballot properly, may receive, upon request, the assistance of the
employees in marking the elector's ballot, and they shall
thereafter give no information in regard to this matter. Such
assistance shall not be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or confined elector, each
of the employees shall be present when the ballot is delivered,
when assistance is given, and when the ballot is returned to the
office of the board, and shall subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under this division.
This chapter applies to disabled and confined absent voter's
ballots except as otherwise provided in this section.
(B)(1) Any qualified elector who is unable to travel to the
voting booth in the elector's precinct on the day of any general,
special, or primary election may apply to the director of the
board of elections of the county where the elector is a qualified
elector to vote in the election by absent voter's ballot if either
of the following apply:
(a) The elector is confined in a hospital as a result of an
accident or unforeseeable medical emergency occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be delivered to the director board not later than three
p.m. on the day of the election. The application shall indicate
the hospital where the applicant or the applicant's child is
confined, the date of the applicant's or the applicant's child's
admission to the hospital, and the offices for which the applicant
is qualified to vote. The applicant may also request that a member
of the applicant's family, as listed in section 3509.05 of the
Revised Code, deliver the absent voter's ballot to the applicant.
The director board, after establishing to the
director's board's
satisfaction the validity of the circumstances claimed by the
applicant, shall supply an absent voter's ballot to be delivered
to the applicant. When the applicant or the applicant's child is
in a hospital in the county where the applicant is a qualified
elector and no request is made for a member of the family to
deliver the ballot, the director board shall arrange for the
delivery of an absent voter's ballot to the applicant, and for its
return to the office of the board, by two board employees
belonging to the two major political parties according to the
procedures prescribed in division (A) of this section. When the
applicant or the applicant's child is in a hospital outside the
county where the applicant is a qualified elector and no request
is made for a member of the family to deliver the ballot, the
director board shall arrange for the delivery of an absent voter's
ballot to the applicant by mail, and the ballot shall be returned
to the office of the board in the manner prescribed in section
3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote under
division (B) or (C) of section 3503.16 of the Revised Code but is
unable to do so because of the circumstances described in division
(B)(2) of this section may vote in accordance with division (B)(1)
of this section if that qualified elector states in the
application for absent voter's ballots that that qualified elector
moved or had a change of name under the circumstances described in
division (B) or (C) of section 3503.16 of the Revised Code and if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C) Any qualified elector described in division (A) or (B)(1)
of this section who needs no assistance to vote or to return
absent voter's ballots to the board of elections may apply for
absent voter's ballots under section 3509.03 of the Revised Code
instead of applying for them under this section.
Sec. 3509.09. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an absent voter's ballot for that
election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an absent voter's ballot
for that election but the director board of elections has not
received a sealed identification envelope purporting to contain
that elector's voted absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an absent voter's ballot for that
election and the director board has received a sealed
identification envelope purporting to contain that elector's voted
absent voter's ballots for that election, the elector shall be
permitted to cast a provisional ballot under section 3505.181 of
the Revised Code in that precinct on the day of that election.
(C)(1) In counting absent voter's ballots under section
3509.06 of the Revised Code, the board of elections shall compare
the signature of each elector from whom the director board has
received a sealed identification envelope purporting to contain
that elector's voted absent voter's ballots for that election to
the signature on that elector's registration form. Except as
otherwise provided in division (C)(3) of this section, if the
board of elections determines that the absent voter's ballot in
the sealed identification envelope is valid, it shall be counted.
If the board of elections determines that the signature on the
sealed identification envelope purporting to contain the elector's
voted absent voter's ballot does not match the signature on the
elector's registration form, the ballot shall be set aside and the
board shall examine, during the time prior to the beginning of the
official canvass, the poll list or signature pollbook from the
precinct in which the elector is registered to vote to determine
if the elector also cast a provisional ballot under section
3505.181 of the Revised Code in that precinct on the day of the
election.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's ballot, if both of the
following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
absent voter's ballot by the applicable deadline established under
section 3509.05 of the Revised Code, the provisional ballot cast
under section 3505.181 of the Revised Code in that precinct on the
day of the election shall be counted as valid, if that provisional
ballot is otherwise determined to be valid pursuant to section
3505.183 of the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the contrary, whenever any person applies for registration
as a voter on a form adopted in accordance with federal
regulations relating to the "Uniformed and Overseas Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),
this application shall be sufficient for voter registration and as
a request for an absent voter's ballot. Uniformed services or
overseas absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code by
applying electronically to the secretary of state or to the board
of elections of the county in which the person's voting residence
is located in accordance with section 3511.021 of the Revised Code
or by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(A) That person may make written application for those
ballots. The person may personally deliver the application to the
director board or may mail it, send it by facsimile machine, or
otherwise send it to the director board. The application need not
be in any particular form but shall contain all of the following
information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for uniformed services or overseas absent voter's ballots
for use at the primary and general elections in a given year and
any special election to be held on the day in that year specified
by division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, designated by the general assembly
for the purpose of submitting constitutional amendments proposed
by the general assembly to the voters of the state. A single
federal postcard application shall be processed by the board of
elections pursuant to section 3511.04 of the Revised Code the same
as if the voter had applied separately for uniformed services or
overseas absent voter's ballots for each election.
(C) Application to have uniformed services or overseas absent
voter's ballots mailed or sent by facsimile machine to such a
person may be made by the spouse, father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother or sister of the
whole blood or half blood, son, daughter, adopting parent, adopted
child, stepparent, stepchild, uncle, aunt, nephew, or niece of
such a person. The application shall be in writing upon a blank
form furnished only by the director board of elections or on a
single federal post card as provided in division (B) of this
section. The form of the application shall be prescribed by the
secretary of state. The
director board shall furnish that blank
form to any of the relatives specified in this division desiring
to make the application, only upon the request of such a relative
made in person at the office of the board or upon the written
request of such a relative mailed to the office of the board. The
application, subscribed and sworn to by the applicant, shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the commencement of service,
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, as the case may be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, a copy of a
United States passport, or a copy of a current utility bill, bank
statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature and address of the person making the
application.
Each application for uniformed services or overseas absent
voter's ballots shall be delivered to the director board not
earlier than the first day of January of the year of the elections
for which the uniformed services or overseas absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day preceding the day of the election, or not later than the close
of regular business hours on the day before the day of the
election at which those ballots are to be voted if the application
is delivered in person to the office of the board.
(D) If the voter for whom the application is made is entitled
to vote for presidential and vice-presidential electors only, the
applicant shall submit to the director board in addition to the
requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
(E) If a board of elections receives an application for
uniformed services or overseas absent voter's ballots under this
section that indicates that it also shall be used as a change of
address form, the board of elections shall update the voter
registration records to reflect the voter's new address.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for uniformed services or overseas absent
voter's ballots that does not contain all of the required
information, the director board promptly shall notify the
applicant of the additional information required to be provided by
the applicant to complete that application.
(B) Not later than the forty-fifth day before the day of each
general or primary election, and at the earliest possible time
before the day of a special election held on a day other than the
day on which a general or primary election is held, the director
of the board of elections shall mail, send by facsimile machine,
or otherwise send uniformed services or overseas absent voter's
ballots then ready for use as provided for in section 3511.03 of
the Revised Code and for which the director board has received
valid applications prior to that time. Thereafter, and until
twelve noon of the third day preceding the day of election, the
director board shall promptly, upon receipt of valid applications
for them, mail, send by facsimile machine, or otherwise send to
the proper persons all uniformed services or overseas absent
voter's ballots then ready for use.
If, after the seventieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail or send by facsimile machine
each such separate ballot to each person to whom the director
board has previously mailed or sent by facsimile machine other
uniformed services or overseas absent voter's ballots.
In mailing uniformed services or overseas absent voter's
ballots, the director board shall use the fastest mail service
available, but the director board shall not mail them by certified
mail.
Sec. 3511.05. (A) The director of the board of elections
shall place uniformed services or overseas absent voter's ballots
sent by mail in an unsealed identification envelope, gummed ready
for sealing. The director board shall include with uniformed
services or overseas absent voter's ballots sent electronically,
including by facsimile machine, an instruction sheet for preparing
a gummed envelope in which the ballots shall be returned. The
envelope for returning ballots sent by either means shall have
printed or written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my My Social Security Number are is
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, a United States
passport, or a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections, that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The director board shall also mail with the ballots and
the unsealed identification envelope sent by mail an unsealed
return envelope, gummed, ready for sealing, for use by the voter
in returning the voter's marked ballots to the director board. The
director board shall send with the ballots and the instruction
sheet for preparing a gummed envelope sent electronically,
including by facsimile machine, an instruction sheet for preparing
a second gummed envelope as described in this division, for use by
the voter in returning that voter's marked ballots to the director
board. The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank
lines shall be printed in the upper left corner on the face of the
envelope for the use by the voter in placing the voter's complete
military, naval, or mailing address on these lines, and beneath
these lines there shall be printed a box beside the words "check
if out-of-country." The voter shall check this box if the voter
will be outside the United States on the day of the election. The
official title and the post-office address of the director board
to whom which the envelope shall be returned shall be printed on
the face of such envelope in the lower right portion below the
bottom parallel line.
(C) On the back of each identification envelope and each
return envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner least
injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board
of elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the
envelope when received, and required forced opening before sealing
and mailing.
(D) Division (C) of this section does not apply when absent
voter's ballots are sent electronically, including by facsimile
machine.
Sec. 3511.06. The return envelope provided for in section
3511.05 of the Revised Code shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the director board of
elections. The envelope in which the two envelopes and the
uniformed services or overseas absent voter's ballots are mailed
to the elector shall have two parallel lines, each one quarter of
an inch in width, printed across its face, paralleling the top,
with an intervening space of one-quarter of an inch between such
lines. The top line shall be one and one-quarter inches from the
top of the envelope. Between the parallel lines shall be printed:
"official uniformed services or overseas absent voter's balloting
material--via air mail." The appropriate return address of the
director of the board of elections shall be printed in the upper
left corner on the face of such envelope. Several blank lines
shall be printed on the face of such envelope in the lower right
portion, below the bottom parallel line, for writing in the name
and address of the elector to whom such envelope is mailed.
Sec. 3511.07. When mailing unsealed identification envelopes
and unsealed return envelopes to persons, the director of the
board of elections shall insert a sheet of waxed paper or other
appropriate insert between the gummed flap and the back of each of
such envelopes to minimize the possibility that the flap may
become firmly stuck to the back of the envelope by reason of
moisture, humid atmosphere, or other conditions to which they may
be subjected. If the flap on either of such envelopes should be so
firmly stuck to the back of the envelope when it is received by
the voter as to require forcible opening of the envelope in order
to use it, the voter shall open such envelope in the manner least
injurious to it, and, after marking his the voter's ballots and
enclosing them in the envelope for mailing to the director board,
he the voter shall reclose such envelope in the most practicable
way, by sealing it or otherwise, and shall sign the blank form
printed on the back of such envelope.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom the
director board mails or delivers uniformed services or overseas
absent voter's ballots, the kinds of ballots so mailed or
delivered, and the name and address of the person who made the
application for such ballots. After the director board has mailed
or delivered such ballots, the director board shall not mail or
deliver additional ballots of the same kind to such person
pursuant to a subsequent request unless such subsequent request
contains the statement that an earlier request had been sent to
the director board prior to the thirtieth day before the election
and that the uniformed services or overseas absent voter's ballots
so requested had not been received by such person prior to the
fifteenth day before the election, and provided that the director
board has not received an identification envelope purporting to
contain marked uniformed services or overseas absent voter's
ballots from such person.
Sec. 3511.09. Upon receiving uniformed services or overseas
absent voter's ballots, the elector shall cause the questions on
the face of the identification envelope to be answered, and, by
writing the elector's usual signature in the proper place on the
identification envelope, the elector shall declare under penalty
of election falsification that the answers to those questions are
true and correct to the best of the elector's knowledge and
belief. Then, the elector shall note whether there are any voting
marks on the ballot. If there are any voting marks, the ballot
shall be returned immediately to the board of elections;
otherwise, the elector shall cause the ballot to be marked, folded
separately so as to conceal the markings on it, deposited in the
identification envelope, and securely sealed in the identification
envelope. The elector then shall cause the identification envelope
to be placed within the return envelope, sealed in the return
envelope, and mailed to the director of the board of elections to
whom which it is addressed, postage prepaid. If the elector does
not provide the elector's driver's license number or the last four
digits of the elector's social security number on the statement of
voter on the identification envelope, the elector also shall
include in the return envelope with the identification envelope a
copy of the elector's current valid photo identification, a copy
of a military identification, a copy of a United States passport,
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, that shows the name and address of the elector. Each
elector who will be outside the United States on the day of the
election shall check the box on the return envelope indicating
this fact and shall mail the return envelope to the
director
board prior to the close of the polls on election day.
Every uniformed services or overseas absent voter's ballot
identification envelope shall be accompanied by the following
statement in boldface capital letters: WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3511.10. If, on or after the thirty-fifth sixteenth day
and before the day of a general or primary election through six
p.m. on the last Friday before the
close of the polls on the day
of a general or primary that election, a valid application for
uniformed services or overseas absent voter's ballots is delivered
to the director of the office of the board of elections at the
office of the board by a person making the application on the
person's own behalf, the director board shall forthwith deliver to
the person all uniformed services or overseas absent voter's
ballots then ready for use, together with an identification
envelope. The person shall then immediately retire to a voting
booth in the office of the board, and mark the ballots. The person
shall then fold each ballot separately so as to conceal the
person's markings thereon, and deposit all of the ballots in the
identification envelope and securely seal it. Thereupon the person
shall fill in answers to the questions on the face of the
identification envelope, and by writing the person's usual
signature in the proper place thereon, the person shall declare
under penalty of election falsification that the answers to those
questions are true and correct to the best of that person's
knowledge and belief. The person shall then deliver the
identification envelope to the director board. If thereafter, and
before the third day preceding such election, the board provides
additional separate official issue or special election ballots, as
provided for in section 3511.04 of the Revised Code, the director
board shall promptly, and not later than twelve noon of the third
day preceding the day of election, mail such additional ballots to
such person at the address specified by that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and that person or that person's spouse, or both,
meets all the other qualifications set forth in section 3511.01 of
the Revised Code, the person or spouse shall be permitted to vote
prior to the date of the election in the office of the board in
the person's or spouse's county, as set forth in this section.
Sec. 3511.11. (A) Upon receipt of any return envelope
bearing the designation "Official Election Uniformed Services or
Overseas Absent Voter's Ballot" prior to the eleventh day after
the day of any election, the director of the board of elections
shall open it but shall not open the identification envelope
contained in it. If, upon so opening the return envelope, the
director board finds ballots in it that are not enclosed in and
properly sealed in the identification envelope, the director board
shall not look at the markings upon the ballots and shall promptly
place them in the identification envelope and promptly seal it.
If, upon so opening the return envelope, the director board finds
that ballots are enclosed in the identification envelope but that
it is not properly sealed, the director board shall not look at
the markings upon the ballots and shall promptly seal the
identification envelope.
(B) Uniformed services or overseas absent voter's ballots
delivered to the director board not later than the close of the
polls on election day shall be counted in the manner provided in
section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for a uniformed services or
overseas absent voter's ballot contained in it to be valid. Except
as otherwise provided in this division, whether or not the return
envelope containing the ballot is postmarked or contains an
illegible postmark, a uniformed services or overseas absent
voter's ballot that is received after the close of the polls on
election day through the tenth day after the election day and that
is delivered in a return envelope that indicates that the voter
will be outside the United States on the day of the election shall
be counted on the eleventh day after the election day at the
office of the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code.
However, if a return envelope containing a uniformed services or
overseas absent voter's ballot is so received and so indicates,
but it is postmarked, or the identification envelope in it is
signed, after the close of the polls on election day, the
uniformed services or overseas absent voter's ballot shall not be
counted.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, any return envelope containing a uniformed services
or overseas absent voter's ballot that is postmarked within the
United States prior to the day of the election shall be delivered
to the director board prior to the eleventh day after the
election. Uniformed services or overseas absent voter's ballots
delivered in envelopes postmarked prior to the day of the election
that are received after the close of the polls on election day
through the tenth day thereafter shall be counted on the eleventh
day at the board of elections in the manner provided in divisions
(C) and (D) of section 3509.06 of the Revised Code. Any such
ballots that are received by the director board later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(2) Division (D)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of uniformed services or overseas
absent voter's ballots shall not be counted:
(1) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear the designation "Official
Election Uniformed Services or Overseas Absent Voter's Ballots,"
that are received by the director board after the close of the
polls on the day of the election, and that either are postmarked,
or contain an identification envelope that is signed, on or after
election day;
(2) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear that designation, that do
not indicate they are from voters who will be outside the United
States on the day of the election, and that are received after the
tenth day following the election;
(3) Uniformed services or overseas absent voter's ballots
contained in return envelopes that bear that designation, that are
received by the director board within ten days after the day of
the election, and that were postmarked before the day of the
election using a postage evidencing system, including a postage
meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their
identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
Sec. 3511.13. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested a uniformed services or overseas absent
voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested a uniformed services or
overseas absent voter's ballot for that election but the director
board of elections has not received a sealed identification
envelope purporting to contain that elector's voted uniformed
services or overseas absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested a uniformed services or overseas
absent voter's ballot for that election and the director board has
received a sealed identification envelope purporting to contain
that elector's voted uniformed services or overseas absent voter's
ballots for that election, the elector shall be permitted to cast
a provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of that election.
(C)(1) In counting uniformed services or overseas absent
voter's ballots under section 3511.11 of the Revised Code, the
board of elections shall compare the signature of each elector
from whom the director board has received a sealed identification
envelope purporting to contain that elector's voted uniformed
services or overseas absent voter's ballots for that election to
the signature on the elector's registration form. Except as
otherwise provided in division (C)(3) of this section, if the
board of elections determines that the uniformed services or
overseas absent voter's ballot in the sealed identification
envelope is valid, it shall be counted. If the board of elections
determines that the signature on the sealed identification
envelope purporting to contain the elector's voted uniformed
services or overseas absent voter's ballot does not match the
signature on the elector's registration form, the ballot shall be
set aside and the board shall examine, during the time prior to
the beginning of the official canvass, the poll list or signature
pollbook from the precinct in which the elector is registered to
vote to determine if the elector also cast a provisional ballot
under section 3505.181 of the Revised Code in that precinct on the
day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the uniformed services or overseas absent
voter's ballot, of an elector from whom the director board has
received an identification envelope purporting to contain that
elector's voted uniformed services or overseas absent voter's
ballots, if both of the following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the uniformed services or overseas absent voter's ballots are
enclosed does not match the signature of the elector on the
elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
uniformed services or overseas absent voter's ballot by the
applicable deadline established under section 3511.11 of the
Revised Code, the provisional ballot cast under section 3505.181
of the Revised Code in that precinct on the day of the election
shall be counted as valid, if that provisional ballot is otherwise
determined to be valid pursuant to section 3505.183 of the Revised
Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.14. A board of elections shall accept and process
federal write-in ballots for all federal, state, and local
elections conducted in any year as required under "The Uniformed
and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410,
100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.
Sec. 3513.02. If, in any odd-numbered year, no valid
declaration of candidacy is filed candidate is certified to appear
on the ballot for nomination as a candidate of a political party
for election to any of the offices to be voted for at the general
election to be held in such year, or if the number of persons
filing such declarations of candidacy certified as candidates to
appear on the ballot for
nominations nomination as candidates of
one political party for election to such offices does not exceed,
as to any such office, the number of candidates which such
political party is entitled to nominate as its candidates for
election to such office, then no primary election shall be held
for the purpose of nominating party candidates of such party for
election to offices to be voted for at such general election and
no primary ballots shall be provided for such party. If, however,
the only office for which there are more valid declarations of
candidacy filed candidates certified to appear on the ballot than
the number to be nominated by a political party, is the office of
councilperson in a ward, a primary election shall be held for such
party only in the ward or wards in which there is a contest, and
only the names of the candidates for the office of councilperson
in such ward shall appear on the primary ballot of such political
party.
The election officials whose duty it would have been to
provide for and conduct the holding of such primary election,
declare the results thereof, and issue certificates of nomination
to the persons entitled thereto if such primary election had been
held shall declare each of such persons to be nominated as of the
date of the ninetieth day before the primary election, issue
appropriate certificates of nomination to each of them, and
certify their names to the proper election officials, in order
that their names may be printed on the official ballots provided
for use in the succeeding general election in the same manner as
though such primary election had been held and such persons had
been nominated at such election.
Sec. 3513.131. In the event two or more persons with
identical surnames run for the same office in a primary election
on the same ballot, the names of the candidates shall be
differentiated on the ballot by varying combinations of first and
middle names and initials. Within twenty-four hours after the
final date for filing declarations of candidacy or petitions for
candidacy, the director of the board of elections for local,
municipal, county, general, or special elections, or the director
of the board of elections of the most populous county for
district, general, or special elections, or the secretary of state
for state-wide general and special elections shall notify the
persons with identical given names and surnames that the names of
such persons will be differentiated on the ballot. If one of the
candidates is an incumbent who is a candidate to succeed himself
self for the office he the incumbent occupies, he the incumbent
shall have first choice of the name by which he the incumbent is
designated on the ballot. If an incumbent does not make a choice
within two days after notification or if none of the candidates is
an incumbent, the board of elections within three days after
notification shall designate the names by which the candidates are
identified on the ballot. In case of a district candidate the
board of elections in the most populous county shall make the
determination. In case of state-wide candidates, or in the case
any board of elections fails to make a designation within three
days after notification, the secretary of state shall immediately
make the determination.
"Notification" as required by this section shall be by the
director of the board of elections or secretary of state by
special delivery or telegram certified mail at the candidate's
address listed in
his the candidate's declaration or petition of
candidacy.
Sec. 3513.18. Party primaries shall be held at the same
place and time, but there shall be separate pollbooks, and tally
sheets, and ballot boxes provided at each polling place for each
party participating in the election, and the ballot of each voter
shall be placed in the ballot box of the party with which he is
affiliated. Each ballot box shall be plainly marked with the name
of the political party whose ballots are to be placed therein, by
letters pasted or printed thereon or by a card attached thereto,
or both, and so placed that the designation may be easily seen and
read by the voter.
If a special election on a question or issue is held on the
day of a primary election, there shall be provided in the
pollbooks pages on which shall be recorded the names of all
electors voting on said question or issue and not voting in such
primary. It shall not be necessary for electors desiring to vote
only on the question or issue to declare their political
affiliation.
Sec. 3513.19. (A) It is the duty of any judge of elections
precinct election official, whenever any judge of elections such
official doubts that a person attempting to vote at a primary
election is legally entitled to vote at that election, to
challenge the right of that person to vote. The right of a person
to vote at a primary election may be challenged upon the following
grounds:
(1) That the person whose right to vote is challenged is not
a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not affiliated with or is not a member
of the political party whose ballot the person desires to vote.
Such party affiliation shall be determined by examining the
elector's voting record for the current year and the immediately
preceding two calendar years as shown on the voter's registration
card, using the standards of affiliation specified in the seventh
paragraph of section 3513.05 of the Revised Code. Division (A)(3)
of this section and the seventh paragraph of section 3513.05 of
the Revised Code do not prohibit a person who holds an elective
office for which candidates are nominated at a party primary
election from doing any of the following:
(a) If the person voted as a member of a different political
party at any primary election within the current year and the
immediately preceding two calendar years, being a candidate for
nomination at a party primary held during the times specified in
division (C)(2) of section 3513.191 of the Revised Code provided
that the person complies with the requirements of that section;
(b) Circulating the person's own petition of candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon the
ground set forth in division (A)(3) of this section, membership in
or political affiliation with a political party shall be
determined by the person's statement, made under penalty of
election falsification, that the person desires to be affiliated
with and supports the principles of the political party whose
primary ballot the person desires to vote.
Sec. 3513.21. At the close of the polls in a primary
election, the judges of precinct election officials shall proceed
without delay to canvass the vote, sign and seal it, and make
returns thereof to the board of elections forthwith on the forms
to be provided by the board. The provisions of Title XXXV of the
Revised Code relating to the accounting for and return of all
ballots at general elections apply to primary ballots.
If there is any disagreement as to how a ballot should be
counted it shall be submitted to all of the judges precinct
election officials. If three of the judges precinct election
officials do not agree as to how any part of the ballot shall be
counted, that part of such ballot which three of the judges
officials do agree shall be counted and a notation made upon the
ballot indicating what part has not been counted, and shall be
placed in an envelope provided for that purpose, marked "Disputed
Ballots" and returned to the board.
The board shall, on the day when the vote is canvassed, open
such sealed envelopes, determine what ballots and for whom they
should be counted, and proceed to count and tally the votes on
such ballots.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth day
before the primary election, both of the following may occur:
(a) The political party whose candidate died may fill the
vacancy so created as provided in division (A)(2) of this section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election, that person has withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a
selection may be made under division (A)(1)(b) of this section by
the appropriate committee of the political party in the same
manner as provided in divisions (A) to (E) of section 3513.31 of
the Revised Code for the filling of similar vacancies created by
withdrawals or disqualifications under section 3513.052 of the
Revised Code after the primary election, except that the
certification required under that section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located, later
than four p.m. of the tenth day before the day of such primary
election, or with any other board later than four p.m. of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed for
nomination as a candidate of a political party for an office and
that candidate dies on or after the tenth day before the day of
the primary election, that candidate is considered to have
received the nomination of that candidate's political party at
that primary election, and, for purposes of filling the vacancy so
created, that candidate's death shall be treated as if that
candidate died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw
as such candidate at any time prior to the primary election. The
withdrawal shall be effected and the statement of withdrawal shall
be filed in accordance with the procedures prescribed in division
(D) of this section for the withdrawal of persons nominated in a
primary election or by nominating petition.
(C) A person who is named the first choice for president of
the United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent for
the selection of the person as such first choice no later than
four p.m. of the fortieth day before the day of the presidential
primary election. Withdrawal of consent shall be for the entire
slate of candidates for delegates and alternates who named such
person as their presidential first choice and shall constitute
withdrawal from the primary election by such delegates and
alternates. The withdrawal shall be made in writing and delivered
to the secretary of state. If the withdrawal is delivered to the
secretary of state on or before the seventieth day before the day
of the primary election, the boards of elections shall remove both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots according to the directions
of the secretary of state. If the withdrawal is delivered to the
secretary of state after the seventieth day before the day of the
primary election, the board of elections shall not remove the name
of the withdrawn first choice and the names of the withdrawn
candidates from the ballots. The board of elections shall post a
notice at each polling location on the day of the primary
election, and shall enclose with each absent voter's ballot given
or mailed after the candidate withdraws, a notice that votes for
the withdrawn first choice or the withdrawn candidates will be
void and will not be counted. If such names are not removed from
all ballots before the day of the election, the votes for the
withdrawn first choice or the withdrawn candidates are void and
shall not be counted.
(D) Any person nominated in a primary election or by
nominating petition as a candidate for election at the next
general election may withdraw as such candidate at any time prior
to the general election. Such withdrawal may be effected by the
filing of a written statement by such candidate announcing the
candidate's withdrawal and requesting that the candidate's name
not be printed on the ballots. If such candidate's declaration of
candidacy or nominating petition was filed with the secretary of
state, the candidate's statement of withdrawal shall be addressed
to and filed with the secretary of state. If such candidate's
declaration of candidacy or nominating petition was filed with a
board of elections, the candidate's statement of withdrawal shall
be addressed to and filed with such board.
(E) When a person withdraws under division (B) or (D) of this
section on or before the seventieth day before the day of the
primary election at which the person's candidacy is to appear on
the ballot, the board of elections shall remove the name of the
withdrawn candidate from the ballots according to the directions
of the secretary of state. When a person withdraws under division
(B) or (D) of this section after the seventieth day before the day
of the primary election at which the person's candidacy is to
appear on the ballot, the board of elections shall not remove the
name of the withdrawn candidate from the ballots. The board of
elections shall post a notice at each polling place on the day of
the primary election, and shall enclose with each absent voter's
ballot given or mailed after the candidate withdraws, a notice
that votes for the withdrawn candidate will be void and will not
be counted. If the name is not removed from all ballots before the
day of the election, the votes for the withdrawn candidate are
void and shall not be counted.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy that
may be filled by an intermediate or minor political party shall be
filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy that may be filled
by an intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth
day before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is certified
and shall be made in the manner provided for a major political
party.
(G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or, resigns,
retires, is removed, or otherwise vacates that office subsequent
to the one hundred fifteenth day before the day of a primary
election and prior to the eighty-sixth day before the day of the
next general election, and if, under the laws of this state, a
person may be elected at that general election to fill the
unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the
case of a vacancy in a party nomination, as provided in divisions
(A) to (D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election official not later than four p.m. on the eighty-sixth day
before the day of that general election, or on the tenth day
following the day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the eighty-sixth day
and prior to the fifty-sixth day before the general election, the
appropriate committee may select a person as the party candidate
and certify the person's name, as provided in the preceding
sentence, not later than four p.m. on the fiftieth day before the
general election. Thereupon the name shall be printed as the party
candidate under proper titles and in the proper place on the
proper ballots for use at the election. If a person has been
nominated in a primary election, the authorized committee of that
political party shall not select and certify a person as the party
candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fifty-sixth day before the general election,
the deadline for filing shall be four p.m. on the fiftieth day
before the general election. The nominating petition shall contain
at least seven hundred fifty signatures and no more than one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the amount
provided for in section 3513.257 of the Revised Code, whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Sec. 3515.04. At the time and place fixed for making a
recount, the board of elections, in the presence of all observers
who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount them.
If
a county used punch card ballots and if a chad is attached to a
punch card ballot by three or four corners, the voter shall be
deemed by the board not to have recorded a candidate, question, or
issue choice at the particular position on the ballot, and a vote
shall not be counted at that particular position on the ballot in
the recount. Ballots shall be handled only by the members of the
board or by the director or other employees of the board.
Observers shall be permitted to see the ballots, but they shall
not be permitted to touch them, and the board shall not permit the
counting or tabulation of votes shown on the ballots for any
nomination, or for election to any office or position, or upon any
question or issue, other than the votes shown on such ballots for
the nomination, election, question, or issue concerning which a
recount of ballots was applied for.
At any time before the ballots from all of the precincts
listed in an application for the recount or involved in a recount
pursuant to section 3515.011 of the Revised Code have been
recounted, the applicant or declared losing candidate or nominee
or each of the declared losing candidates or nominees entitled to
file a request prior to the commencement of a recount, as provided
in section 3515.03 of the Revised Code, may file with the board a
written request to stop the recount and not recount the ballots
from the precincts so listed that have not been recounted prior to
the time of the request. If, upon the request, the board finds
that results of the votes in the precincts recounted, if
substituted for the results of the votes in those precincts as
shown in the abstract of the votes in those precincts, would not
cause the applicant, if a person for whom votes were cast for
nomination or election, to be declared nominated or elected or if
an election upon a question or issue would not cause a result
contrary to the result as declared prior to such recount, it shall
grant the request and shall not recount the ballots of the
precincts listed in the application for recount that have not been
recounted prior to that time. If the board finds otherwise, it
shall deny the request and shall continue to recount ballots until
the ballots from all of the precincts listed in the application
for recount have been recounted; provided that, if the request is
denied, it may be renewed from time to time. Upon any such
renewal, the board shall consider and act upon the request in the
same manner as provided in this section in connection with an
original request.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters that, at the
most recent regular state election, polled for its candidate for
governor in the state or nominees for presidential electors at
least five per cent of the entire vote cast for that office or
that filed with the secretary of state, subsequent to any election
in which it received less than five per cent of that vote, a
petition signed by qualified electors equal in number to at least
one-quarter of one per cent of the total vote for governor or
nominees for presidential electors at the most recent election,
declaring their intention of organizing a political party, the
name of which shall be stated in the declaration, and of
participating in the succeeding primary election, held in
even-numbered years, that occurs more than one hundred twenty days
after the date of filing, and filing a subsequent petition signed
by qualified electors equal in number to at least an additional
one-quarter of one per cent of the total vote for governor or
nominees for presidential electors at the most recent election not
later than ninety days before the day of that primary election. No
No such group of electors shall assume a name or designation
that is similar, in the opinion of the secretary of state, to that
of an existing political party as to confuse or mislead the voters
at an election. If any political party fails to cast five per cent
of the total vote cast at an election for the office of governor
or president, it shall cease to be a political party.
(2) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(B) Notwithstanding the definitions found in section 3501.01
of the Revised Code, as used in this section and sections 3517.08
to 3517.14, 3517.99, and 3517.992 of the Revised Code:
(1) "Campaign committee" means a candidate or a combination
of two or more persons authorized by a candidate under section
3517.081 of the Revised Code to receive contributions and make
expenditures.
(2) "Campaign treasurer" means an individual appointed by a
candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of contributions,
has given consent for another to receive contributions or make
expenditures or other use of contributions, or appoints a campaign
treasurer, for the purpose of bringing about the person's
nomination or election to public office. When two persons jointly
seek the offices of governor and lieutenant governor, "candidate"
means the pair of candidates jointly. "Candidate" does not include
candidates for election to the offices of member of a county or
state central committee, presidential elector, and delegate to a
national convention or conference of a political party.
(4) "Continuing association" means an association, other than
a campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5) "Contribution" means a loan, gift, deposit, forgiveness
of indebtedness, donation, advance, payment, or transfer of funds
or anything of value, including a transfer of funds from an inter
vivos or testamentary trust or decedent's estate, and the payment
by any person other than the person to whom the services are
rendered for the personal services of another person, which
contribution is made, received, or used for the purpose of
influencing the results of an election. Any loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or of anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any campaign committee, political
action committee, legislative campaign fund, political party,
political contributing entity, or person other than the person to
whom the services are rendered for the personal services of
another person, that is made, received, or used by a state or
county political party, other than moneys a state or county
political party receives from the Ohio political party fund
pursuant to section 3517.17 of the Revised Code and the moneys a
state or county political party may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section, "political party" means only a
major political party;
(e) Any contribution as defined in section 3517.1011 of the
Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for
the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in
a Levin account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(h) Any donation given to a transition fund under section
3517.1014 of the Revised Code.
(6) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made as
a charitable donation under division (G) of section 3517.08 of the
Revised Code and shall be reported on a statement of expenditures
filed under section 3517.10 of the Revised Code. During the thirty
days preceding a primary or general election, any disbursement to
pay the direct costs of producing or airing a broadcast, cable, or
satellite communication that refers to a clearly identified
candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as
an expenditure or as an independent expenditure under section
3517.10 or 3517.105 of the Revised Code, as applicable, except
that the information required to be reported regarding
contributors for those expenditures or independent expenditures
shall be the same as the information required to be reported under
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate" have
the same meanings as in section 3517.1011 of the Revised Code.
(7) "Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8) "Political action committee" means a combination of two
or more persons, the primary or major purpose of which is to
support or oppose any candidate, political party, or issue, or to
influence the result of any election through express advocacy, and
that is not a political party, a campaign committee, a political
contributing entity, or a legislative campaign fund. "Political
action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9) "Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and representative.
(10) "Anything of value" has the same meaning as in section
1.03 of the Revised Code.
(11) "Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12) "Campaign fund" means money or other property, including
contributions.
(13) "Public official or employee" has the same meaning as in
section 102.01 of the Revised Code.
(14) "Caucus" means all of the members of the house of
representatives or all of the members of the senate of the general
assembly who are members of the same political party.
(15) "Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one of the houses of the general assembly.
(16) "In-kind contribution" means anything of value other
than money that is used to influence the results of an election or
is transferred to or used in support of or in opposition to a
candidate, campaign committee, legislative campaign fund,
political party, political action committee, or political
contributing entity and that is made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of the benefited candidate, committee, fund, party,
or entity. The financing of the dissemination, distribution, or
republication, in whole or part, of any broadcast or of any
written, graphic, or other form of campaign materials prepared by
the candidate, the candidate's campaign committee, or their
authorized agents is an in-kind contribution to the candidate and
an expenditure by the candidate.
(17) "Independent expenditure" means an expenditure by a
person advocating the election or defeat of an identified
candidate or candidates, that is not made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of any candidate or candidates or of the campaign
committee or agent of the candidate or candidates. As used in
division (B)(17) of this section:
(a) "Person" means an individual, partnership, unincorporated
business organization or association, political action committee,
political contributing entity, separate segregated fund,
association, or other organization or group of persons, but not a
labor organization or a corporation unless the labor organization
or corporation is a political contributing entity.
(b) "Advocating" means any communication containing a message
advocating election or defeat.
(c) "Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent by
unambiguous reference.
(d) "Made in coordination, cooperation, or consultation with,
or at the request or suggestion of, any candidate or the campaign
committee or agent of the candidate" means made pursuant to any
arrangement, coordination, or direction by the candidate, the
candidate's campaign committee, or the candidate's agent prior to
the publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:
(i) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from the
candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a candidate, unless the expenditure is made by a political
party to conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any
person who has been placed in a position with the candidate's
campaign committee or organization such that it would reasonably
appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or
other employee organizations; an auxiliary of a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, hours, and other
terms and conditions of employment.
(19) "Separate segregated fund" means a separate segregated
fund established pursuant to the Federal Election Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21) "Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any section of
the Revised Code, or authorized by a final judgment of a court of
competent jurisdiction.
Sec. 3517.012. (A) When a petition meeting the requirements
of division (A)(1)(a) of section 3517.01 of the Revised Code
declaring the intention to organize a political party is filed
with the secretary of state, the new party comes into legal
existence on the date of filing and is entitled to hold a primary
election as set out in section 3513.01 of the Revised Code, at the
primary election, held in even-numbered years that occurs more
than one hundred twenty days after the date of filing.
(B) When a petition meeting the requirements of division
(A)(1)(b) of section 3517.01 of the Revised Code declaring the
intention to organize a political party is filed with the
secretary of state, the new party comes into legal existence on
the date of filing and is entitled to certify the names of
candidates for president and vice-president for the general
election ballot, as specified in division (B)(3) of section
3505.10 of the Revised Code, at the general election, held in the
year in which a presidential primary election is conducted, that
occurs more than eighty days after the date of filing.
Sec. 3517.211. (A) No elected official of a county, township,
municipal corporation, board of education, governing board of an
educational service center, or other local political subdivision
shall, during the ninety days before that elected official's name
appears on the ballot at an election, produce or disseminate any
mass mailing or any form of advertising from the official's office
that includes the name or photograph of the elected official. A
document or any form of advertising produced or disseminated
during the ninety-day restricted period may include the name of
the office the official holds, but shall not include the name or
photograph of the official.
(B) No violation of division (A) of this section occurs, and
no fine shall be imposed under section 3517.992 of the Revised
Code, if an elected official who is subject to the provisions of
division (A) of this section sends out normal office
correspondence using office letterhead that is issued on a regular
schedule throughout the year during the ninety days before the
date of any election at which the elected official's name will
appear on the ballot.
Sec. 3517.992. This section establishes penalties only with
respect to acts or failures to act that occur on and after August
24, 1995.
(A)(1) A candidate whose campaign committee violates division
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,
or a treasurer of a campaign committee who violates any of those
divisions, shall be fined not more than one hundred dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 or division (E)(1) of section 3517.1014 of the Revised
Code shall be fined not more than one hundred dollars for each day
of violation.
(B) A political party that violates division (F)(1) of
section 3517.101 of the Revised Code shall be fined not more than
one hundred dollars for each day of violation.
(C) Whoever violates division (F)(2) of section 3517.101,
division (G) of section 3517.13, or division (E)(2) or (3) of
section 3517.1014 of the Revised Code shall be fined not more than
ten thousand dollars or, if the offender is a person who was
nominated or elected to public office, shall forfeit the
nomination or the office to which the offender was elected, or
both.
(D) Whoever violates division (F) of section 3517.13 of the
Revised Code shall be fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of section 3517.13 of the
Revised Code shall be fined not more than one hundred dollars.
(F) Whoever violates division (O), (P), or (Q) of section
3517.13 of the Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a political party that
violates division (B)(1) of section 3517.18 of the Revised Code
shall be fined not more than twice the amount of the improper
expenditure.
(H) A state or county political party that violates division
(G) of section 3517.101 of the Revised Code shall be fined not
more than twice the amount of the improper expenditure or use.
(I)(1) Any individual who violates division (B)(1) of section
3517.102 of the Revised Code and knows that the contribution the
individual makes violates that division shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(2) Any political action committee that violates division
(B)(2) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(3) Any campaign committee that violates division (B)(3) or
(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount transferred or contributed
in excess of the amount permitted by that division, as applicable.
(b) Any state political party, county political party, or
state candidate fund of a state political party or county
political party that violates division (B)(6) of section 3517.102
of the Revised Code shall be fined an amount equal to three times
the amount transferred or contributed in excess of the amount
permitted by that division, as applicable.
(c) Any political contributing entity that violates division
(B)(7) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)
of this section, no violation of division (B) of section 3517.102
of the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted by
that division meets either of the following conditions:
(a) It is completely refunded within five business days after
it is accepted.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(J)(1) Any campaign committee that violates division (C)(1),
(2), (3), or (6) of section 3517.102 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(2)(a) Any county political party that violates division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be fined an amount equal to three times the amount accepted.
(b) Any county political party that violates division
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be
fined an amount from its state candidate fund equal to three times
the amount accepted in excess of the amount permitted by that
division.
(c) Any state political party that violates division
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined
an amount from its state candidate fund equal to three times the
amount accepted in excess of the amount permitted by that
division.
(3) Any legislative campaign fund that violates division
(C)(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the
amount permitted by that division.
(4) Any political action committee or political contributing
entity that violates division (C)(7) of section 3517.102 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division (C) of section 3517.102 of
the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted to be
accepted by that division meets either of the following
conditions:
(a) It is completely refunded within five business days after
its acceptance.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(K)(1) Any legislative campaign fund that violates division
(F)(1) of section 3517.102 of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund that violates division
(F)(2) of section 3517.102 of the Revised Code shall give to the
treasurer of state for deposit into the state treasury to the
credit of the Ohio elections commission fund all excess
contributions not disposed of as required by division (E) of
section 3517.102 of the Revised Code.
(L) Whoever violates section 3517.105 of the Revised Code
shall be fined one thousand dollars.
(M)(1) Whoever solicits a contribution in violation of
section 3517.092 or violates division (B) of section 3517.09 of
the Revised Code is guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of
division (B) or (C) of section 3517.092 of the Revised Code shall
be fined an amount equal to three times the amount accepted in
violation of either of those divisions and shall return to the
contributor any amount so accepted. Whoever unknowingly accepts a
contribution in violation of division (B) or (C) of section
3517.092 of the Revised Code shall return to the contributor any
amount so accepted.
(N) Whoever violates division (S) of section 3517.13 of the
Revised Code shall be fined an amount equal to three times the
amount of funds transferred or three times the value of the assets
transferred in violation of that division.
(O) Any campaign committee that accepts a contribution or
contributions in violation of section 3517.108 of the Revised
Code, uses a contribution in violation of that section, or fails
to dispose of excess contributions in violation of that section
shall be fined an amount equal to three times the amount accepted,
used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative
candidate fund, or campaign committee that violates division (T)
of section 3517.13 of the Revised Code shall be fined an amount
equal to three times the amount contributed or accepted in
violation of that section.
(Q) A treasurer of a committee or another person who violates
division (U) of section 3517.13 of the Revised Code shall be fined
not more than two hundred fifty dollars.
(R) Whoever violates division (I) or (J) of section 3517.13
of the Revised Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating division
(I) or (J) of section 3517.13 of the Revised Code, the contract
awarded in violation of either of those divisions shall be
rescinded if its terms have not yet been performed.
(S) A candidate whose campaign committee violates or a
treasurer of a campaign committee who violates section 3517.081 of
the Revised Code, and a candidate whose campaign committee
violates or a treasurer of a campaign committee or another person
who violates division (C) of section 3517.10 of the Revised Code,
shall be fined not more than five hundred dollars.
(T) A candidate whose campaign committee violates or a
treasurer of a committee who violates division (B) of section
3517.09 of the Revised Code, or a candidate whose campaign
committee violates or a treasurer of a campaign committee or
another person who violates division (C) of section 3517.09 of the
Revised Code shall be fined not more than one thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code
shall be fined not more than five hundred dollars.
(V) Whoever violates section 3517.21 or 3517.22 of the
Revised Code shall be imprisoned for not more than six months or
fined not more than five thousand dollars, or both.
(W) A campaign committee that is required to file a
declaration of no limits under division (D)(2) of section 3517.103
of the Revised Code that, before filing that declaration, accepts
a contribution or contributions that exceed the limitations
prescribed in section 3517.102 of the Revised Code, shall return
that contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the declaration
of filing-day finances required by division (F) of section
3517.109 of the Revised Code or the declaration of primary-day
finances or declaration of year-end finances required by division
(E) of section 3517.1010 of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(Y)(1) Any campaign committee that fails to dispose of excess
funds or excess aggregate contributions under division (B) of
section 3517.109 of the Revised Code in the manner required by
division (C) of that section or under division (B) of section
3517.1010 of the Revised Code in the manner required by division
(C) of that section shall give to the treasurer of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the Revised Code all funds not
disposed of pursuant to those divisions.
(2) Any treasurer of a transition fund that fails to dispose
of assets remaining in the transition fund as required under
division (H)(1) or (2) of section 3517.1014 of the Revised Code
shall give to the treasurer of state for deposit into the Ohio
elections commission fund all assets not disposed of pursuant to
that division.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political party, treasurer of a transition fund, or other
entity that violates any provision of sections 3517.09 to 3517.12
of the Revised Code for which no penalty is provided for under any
other division of this section shall be fined not more than one
thousand dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount contributed, expended, or promised in
violation of that division or ten thousand dollars, whichever
amount is greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount solicited or accepted in violation of that
division or ten thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(1) Any campaign committee or person who violates
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount donated
in excess of the amount permitted by that division.
(2) Any officeholder or treasurer of a transition fund who
violates division (C)(3)(a) or (b) of section 3517.1014 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
(FF) Whoever violates division (A) of section 3517.211 of the
Revised Code shall be fined an amount equal to at least three
times the cost of producing and disseminating the document or paid
for the advertising, which amount shall be paid to the political
subdivision the elected official of which produced or disseminated
the document or paid for the advertising, and such person shall be
subject to any applicable penalties for any other violations of
this chapter the person may have committed.
Sec. 3519.01. (A) Only one proposal of law or constitutional
amendment to be proposed by initiative petition shall be contained
in an initiative petition to enable the voters to vote on that
proposal separately. A petition shall include the text of any
existing statute or constitutional provision that would be amended
or repealed if the proposed law or constitutional amendment is
adopted.
Whoever seeks to propose a law or constitutional amendment by
initiative petition shall, by a written petition signed by one
thousand qualified electors, submit the proposed law or
constitutional amendment and a summary of it to the attorney
general for examination. Within ten days after the receipt of the
written petition and the summary of it, the attorney general shall
conduct an examination of the summary. If, in the opinion of the
attorney general, the summary is a fair and truthful statement of
the proposed law or constitutional amendment, the attorney general
shall so certify and then forward the submitted petition to the
Ohio ballot board for its approval under division (A) of section
3505.062 of the Revised Code. If the Ohio ballot board returns the
submitted petition to the attorney general with its certification
as described in that division, the attorney general shall then
file with the secretary of state a verified copy of the proposed
law or constitutional amendment together with its summary and the
attorney general's certification.
Whenever the Ohio ballot board divides an initiative petition
into individual petitions containing only one proposed law or
constitutional amendment under division (A) of section 3505.062 of
the Revised Code resulting in the need for the petitioners to
resubmit to the attorney general appropriate summaries for each of
the individual petitions arising from the board's division of the
initiative petition, the attorney general shall review the
resubmitted summaries, within ten days after their receipt, to
determine if they are a fair and truthful statement of the
respective proposed laws or constitutional amendments and, if so,
certify them. These resubmissions shall contain no new
explanations or arguments. Then, the attorney general shall file
with the secretary of state a verified copy of each of the
proposed laws or constitutional amendments together with their
respective summaries and the attorney general's certification of
each.
(B)(1) Whoever seeks to file a referendum petition against
any law, section, or item in any law shall, by a written petition
signed by one thousand qualified electors, submit the measure to
be referred and a summary of it to the secretary of state and, on
the same day or within one business day before or after that day,
submit a copy of the petition, measure, and summary to the
attorney general.
(2) Not later than ten business days after receiving the
petition, measure, and summary, the secretary of state shall do
both of the following:
(a) Have the validity of the signatures on the petition
verified;
(b) After comparing the text of the measure to be referred
with the copy of the enrolled act on file in the secretary of
state's office containing the law, section, or item of law,
determine whether the text is correct and, if it is, so certify.
(3) Not later than ten business days after receiving a copy
of the petition, measure, and summary, the attorney general shall
examine the summary and, if in the attorney general's opinion, the
summary is a fair and truthful statement of the measure to be
referred, so certify.
(C) Any person who is aggrieved by a certification decision
under division (A) or (B) of this section may challenge the
certification or failure to certify of the attorney general in the
supreme court, which shall have exclusive, original jurisdiction
in all challenges of those certification decisions.
Sec. 3519.16. The circulator of any part-petition, the
committee interested in the petition, or any elector may file with
the board of elections a protest against the board's findings made
pursuant to section 3519.15 of the Revised Code. Protests shall be
in writing and shall specify reasons for the protest. Protests for
all initiative and referendum petitions other than those to be
voted on by electors throughout the entire state shall be filed
not later than four p.m. of the seventy-fourth day before the day
of the election. Once a protest is filed, the board shall proceed
to establish the sufficiency or insufficiency of the signatures
and of the verification of those signatures in an action before
the court of common pleas in the county. The action shall be
brought within three days after the protest is filed, and it shall
be heard forthwith by a judge of that court, whose decision shall
be certified to the board. The signatures that are adjudged
sufficient or the part-petitions that are adjudged properly
verified shall be included with the others by the board, and those
found insufficient and all those part-petitions that are adjudged
not properly verified shall not be included.
(A) Pursuant to
Section 1g of Article II, Ohio Constitution, the supreme court of
Ohio shall have original, exclusive jurisdiction in all challenges
to initiative and referendum petitions.
(B) The petitioner of any petition shall include upon each
part-petition filed with the secretary of state a designation of
the county in which the part-petition was circulated and a number
for each part-petition. In any county where part-petitions are
circulated, each part-petition shall be numbered sequentially.
Upon the filing of the petition with the secretary of state, the
petitioner of any petition shall also file the following:
(1) An electronic copy of the petition filed along with a
verification that the electronic copy is a true representation of
the original paper petition filed with the secretary of state;
(2) A summary of the number of part-petitions filed per
county and the number of signatures on each part-petition;
(3) An index of the electronic copy.
(C) For a request made under Chapter 149. of the Revised Code
for the inspection or copying of the original petition filed with
the secretary of state, the request is fulfilled when the
secretary of state provides inspection of or copies of the
electronic copy filed by the circulator of the petition. This
section applies from the time of the initial filing of the
petition with the secretary of state and remains applicable until
the part-petitions are returned to the secretary of state from the
local board of elections after a determination of sufficiency of
the petition pursuant to section 3519.15 of the Revised Code.
(D) Discrepancies between the electronic copy filed under
division (B)(1) of this section and the original paper petitions
as filed with the secretary of state shall not render the petition
invalid. Discrepancies between a filed electronic copy and the
original paper petition, if the product of fraud, shall be subject
to criminal penalties under section 3599.36 of the Revised Code.
(E) The properly verified part-petitions, together with the
report of the board, shall be returned to the secretary of state
not less than sixty days before the election, provided that, in
the case of an initiated law to be presented to the general
assembly, the boards shall promptly check and return the petitions
together with their report. The secretary of state shall notify,
by certified mail,
the chairperson each member of the committee
in charge of the circulation as to the sufficiency or
insufficiency of the petition and the extent of the insufficiency.
If the petition is found insufficient because of an
insufficient number of valid signatures, the committee shall be
allowed ten additional days after the notification by first member
of the committee receives notice of the petition's insufficiency
by certified mail from the secretary of state for the filing of
additional signatures to the petition. No additional signatures
may be collected by the circulator of the petition until the
secretary of state determines the sufficiency of the signatures
that the circulator originally filed with the secretary of state.
The part-petitions of the supplementary petition that appear to
the secretary of state to be properly verified, upon their receipt
by the secretary of state, shall forthwith be forwarded to the
boards of the several counties together with the part-petitions of
the original petition that have been properly verified. They shall
be immediately examined and passed upon as to the validity and
sufficiency of the signatures on them by each of the boards and
returned within five days to the secretary of state with the
report of each board. No signature on a supplementary
part-petition that is the same as a signature on an original
part-petition shall be counted. The number of signatures in both
the original and supplementary petitions, properly verified, shall
be used by the secretary of state in determining the total number
of signatures to the petition that the secretary of state shall
record and announce. If they are sufficient, the amendment,
proposed law, or law shall be placed on the ballot as required by
law. If the petition is found insufficient, the secretary of state
shall notify the committee in charge of the circulation of the
petition.
Sec. 3599.07. No judge of elections precinct election
official, observer, or police officer admitted into the polling
rooms at the election, at any time while the polls are open, shall
have in the individual's possession, distribute, or give out any
ballot or ticket to any person on any pretense during the
receiving, counting, or certifying of the votes, or have any
ballot or ticket in the individual's possession or control, except
in the proper discharge of the individual's official duty in
receiving, counting, or canvassing the votes. This section does
not prevent the lawful exercise by a
judge of elections precinct
election official or observer of the individual right to vote at
such election.
Sec. 3599.17. (A) No elections official serving as a
registrar or judge of elections precinct election official shall
do any of the following:
(1) Fail to appear before the board of elections, or its
representative, after notice has been served personally upon the
official or left at the official's usual place of residence, for
examination as to the official's qualifications;
(2) Fail to appear at the polling place to which the official
is assigned at the hour and during the hours set for the
registration or election;
(3) Fail to take the oath prescribed by section 3501.31 of
the Revised Code, unless excused by such board;
(4) Refuse or sanction the refusal of another registrar or
judge of elections precinct election official to administer an
oath required by law;
(5) Fail to send notice to the board of the appointment of a
judge precinct election official to fill a vacancy;
(6) Act as registrar or judge precinct election official
without having been appointed and having received a certificate of
appointment, except a judge
precinct election official appointed
to fill a vacancy caused by absence or removal;
(7) Fail in any other way to perform any duty imposed by law.
(B) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 3599.19. (A) No judge of elections precinct election
official shall knowingly do any of the following:
(1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and
other papers and material to be used in an election;
(2) Unlawfully misplace, carry away, negligently lose or
permit to be taken from the judge precinct election official, fail
to deliver, or destroy any such packages, papers, or material;
(3) Receive or sanction the reception of a ballot from a
person not a qualified elector or from a person who refused to
answer a question in accordance with the election law;
(4) Refuse to receive or sanction the rejection of a ballot
from a person, knowing that person to be a qualified elector;
(5) Permit a fraudulent ballot to be placed in the ballot
box;
(6) Place or permit to be placed in any ballot box any ballot
known by the judge precinct election official to be improperly or
falsely marked;
(7) Count or permit to be counted any illegal or fraudulent
ballot;
(8) Mislead an elector who is physically unable to prepare
the elector's ballot, mark a ballot for such elector otherwise
than as directed by that elector, or disclose to any person,
except when legally required to do so, how such elector voted;
(9) Alter or mark or permit any alteration or marking on any
ballot when counting the ballots;
(10) Unlawfully count or tally or sanction the wrongful
counting or tallying of votes;
(11) After the counting of votes commences, as required by
law, postpone or sanction the postponement of the counting of
votes, adjourn at any time or to any place, or remove the ballot
box from the place of voting, or from the custody or presence of
all the judges of such elections precinct election officials;
(12) Permit any ballot to remain or to be in the ballot box
at the opening of the polls, or to be put in the box during the
counting of the ballots, or to be left in the box without being
counted;
(13) Admit or sanction the admission to the polling room at
an election during the receiving, counting, and certifying of
votes of any person not qualified by law to be so admitted;
(14) Refuse to admit or sanction the refusal to admit any
person, upon lawful request for admission, who is legally
qualified to be present;
(15) Permit or sanction the counting of the ballots contrary
to the manner prescribed by law;
(16) Neglect or unlawfully execute any duty enjoined upon the
judge precinct election official by law.
(B) Whoever violates division (A) of this section is guilty
of a misdemeanor of the first degree.
Sec. 3599.31. No officer of the law shall fail to obey
forthwith an order of the presiding judge voting location manager
and aid in enforcing a lawful order of the presiding judges voting
location manager at an election, against persons unlawfully
congregating or loitering within one hundred feet of a polling
place, hindering or delaying an elector from reaching or leaving
the polling place, soliciting or attempting, within one hundred
feet of the polling place, to influence an elector in casting the
elector's vote, or interfering with the registration of voters or
casting and counting of the ballots.
Whoever violates this section is guilty of a misdemeanor of
the first degree.
Sec. 4301.32. The privilege of local option as to the sale
of intoxicating liquors is hereby conferred upon the electors of
an election precinct named by the petition authorized by section
4301.33 of the Revised Code.
Upon the request of an elector, a board of elections of a
county that encompasses an election precinct shall furnish to the
elector a copy of the instructions prepared by the secretary of
state under division (P)(A)(16) of section 3501.05 of the Revised
Code and, within fifteen days after the request, with a
certificate indicating the number of valid signatures that will be
required upon a petition to hold a special election in that
precinct on a question specified in section 4301.35 or 4301.351 of
the Revised Code.
Sec. 4301.334. (A) The privilege of local option conferred
by section 4301.324 of the Revised Code may be exercised if, not
later than four p.m. of the ninetieth day before the day of a
general or primary election, a petition and other information
required by division (B) of this section are presented to the
board of elections of the county in which the community facility
named in the petition is located. The petition shall be signed by
electors of the municipal corporation or unincorporated area of
the township in which the community facility is located equal in
number to at least ten per cent of the total number of votes cast
in the municipal corporation or unincorporated area of the
township in which the community facility is located for the office
of governor at the most recent general election for that office
and shall contain both of the following:
(1) A notice that the petition is for the submission of the
question set forth in section 4301.356 of the Revised Code and a
statement indicating whether the hours of Sunday sales sought in
the local option election are between ten a.m. and midnight or
between eleven a.m. and midnight;
(2) The name and address of the community facility for which
the local option election is sought and, if the community facility
is a community entertainment district, the boundaries of the
district.
(B) Upon the request of a petitioner, a board of elections of
a county shall furnish to the petitioner a copy of the
instructions prepared by the secretary of state under division
(P)(A)(16) of section 3501.05 of the Revised Code and, within
fifteen days after the request, a certificate indicating the
number of valid signatures that will be required on a petition to
hold an election in the municipal corporation or unincorporated
area of the township in which the community facility is located on
the question specified in section 4301.356 of the Revised Code.
The petitioner shall, not less than thirty days before the
petition-filing deadline for an election on the question specified
in section 4301.356 of the Revised Code, specify to the division
of liquor control the name and address of the community facility
for which the election is sought and, if the community facility is
a community entertainment district, the boundaries of the
district, the municipal corporation or unincorporated area of a
township in which the election is sought, and the filing deadline.
The division shall, within a reasonable period of time and not
later than ten days before the filing deadline, supply the
petitioner with the name and address of any permit holder for or
within the community facility.
The petitioner shall file the name and address of any permit
holder who would be affected by the election at the time the
petitioner files the petition with the board of elections. Within
five days after receiving the petition, the board shall give
notice by certified mail to any permit holder within the community
facility that it has received the petition. Failure of the
petitioner to supply the name and address of any permit holder for
or within the community facility as furnished to the petitioner by
the division invalidates the petition.
(C) Not later than the seventy-eighth day before the day of
the next general or primary election, whichever occurs first, the
board shall examine and determine the sufficiency of the
signatures on the petition. If the board finds that the petition
is valid, it shall order the holding of an election in the
municipal corporation or unincorporated area of a township on the
day of the next general or primary election, whichever occurs
first, for the submission of the question set forth in section
4301.356 of the Revised Code.
(D) A petition filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(E) An elector who is eligible to vote on the question set
forth in section 4301.356 of the Revised Code or any permit holder
for or within the community facility may, not later than four p.m.
of the seventy-fourth day before the day of the election at which
the question will be submitted to the electors, file a written
protest against the local option petition with the board of
elections with which the petition was filed. Upon the filing of
the protest, the board shall promptly fix a time and place for
hearing the protest and shall mail notice of the time and place to
the person who filed the petition and to the person who filed the
protest. At the time and place fixed, the board shall hear the
protest and determine the validity of the petition.
Sec. 4303.29. (A) No permit, other than an H permit, shall
be issued to a firm or partnership unless all the members of the
firm or partnership are citizens of the United States. No permit,
other than an H permit, shall be issued to an individual who is
not a citizen of the United States. No permit, other than an E or
H permit, shall be issued to any corporation organized under the
laws of any country, territory, or state other than this state
until it has furnished the division of liquor control with
evidence that it has complied with the laws of this state relating
to the transaction of business in this state.
The division may refuse to issue any permit to or refuse to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a liquor
permit business in this state. No holder of a permit shall sell,
assign, transfer, or pledge the permit without the written consent
of the division.
(B)(1) No D-3 permit shall be issued to any club unless the
club has been continuously engaged in the activity specified in
section 4303.15 of the Revised Code, as a qualification for that
class of permit, for two years at the time the permit is issued.
(2)(a) Subject to division (B)(2)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part of that
population, and one D-1 and D-2 permit shall be issued for each
two thousand population or part of that population, in each
municipal corporation and in the unincorporated area of each
township.
Subject to division (B)(2)(b) of this section, not more than
one D-3, D-4, or D-5 permit shall be issued for each two thousand
population or part of that population in any municipal corporation
and in the unincorporated area of any township, except that, in
any city of a population of fifty-five thousand or more, one D-3
permit may be issued for each fifteen hundred population or part
of that population.
(b)(i) Division (B)(2)(a) of this section does not prohibit
the transfer of location or the transfer of ownership and location
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal
corporation or the unincorporated area of a township in which the
number of permits of that class exceeds the number of such permits
authorized to be issued under division (B)(2)(a) of this section
to an economic development project located in another municipal
corporation or the unincorporated area of another township in
which no additional permits of that class may be issued to the
applicant under division (B)(2)(a) of this section, but the
transfer of location or transfer of ownership and location of the
permit may occur only if the applicant notifies the municipal
corporation or township to which the location of the permit will
be transferred regarding the transfer and that municipal
corporation or township acknowledges in writing to the division of
liquor control, at the time the application for the transfer of
location or transfer of ownership and location of the permit is
filed, that the transfer will be to an economic development
project. This acknowledgment by the municipal corporation or
township does not prohibit it from requesting a hearing under
section 4303.26 of the Revised Code. The applicant is eligible to
apply for and receive the transfer of location of the permit under
division (B)(2)(b) of this section if all permits of that class
that may be issued under division (B)(2)(a) of this section in the
applicable municipal corporation or unincorporated area of the
township have already been issued or if the number of applications
filed for permits of that class in that municipal corporation or
the unincorporated area of that township exceed the number of
permits of that class that may be issued there under division
(B)(2)(a) of this section.
A permit transferred under division (B)(2)(b) of this section
may be subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal corporation or in the
unincorporated area of the same township, as long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of an economic development project include, but are not limited
to, architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of liquor control shall determine whether the
existing or proposed business that is seeking a permit described
in division (B)(2)(b) of this section qualifies as an economic
development project and, if the superintendent determines that it
so qualifies, shall designate the business as an economic
development project.
(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available to
the public. A municipal corporation applying for a permit for such
a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by the board for those premises is
exempt from the population restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued to the board for those premises shall not be transferred. A
board of trustees of a soldiers' memorial applying for a D-1, D-2,
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to
section 4303.31 of the Revised Code.
(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a permit
is exempt from the population quota restrictions contained in this
section and from the population quota restrictions contained in
any rule of the liquor control commission. A municipal
corporation, township, county, park district, or state agency
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf
course is subject to section 4303.31 of the Revised Code.
(6) As used in division (B)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code; "state
fairgrounds" means the property that is held by the state for the
purpose of conducting fairs, expositions, and exhibits and that is
maintained and managed by the Ohio expositions commission under
section 991.03 of the Revised Code; "capitol square" has the same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of the state fairgrounds, capitol square, or the
Ohio judicial center. An application for a D permit for the state
fairgrounds, capitol square, or the Ohio judicial center is exempt
from the population quota restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued for the state fairgrounds, capitol square, or the Ohio
judicial center shall not be transferred. An applicant for a D-1,
D-2, D-3, or D-5 permit for the state fairgrounds is not subject
to section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one week
before or for three days after, any fair held at the state
fairgrounds.
(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal corporation or in any
election precinct in the unincorporated area of any township, in
which at the November, 1933, election a majority of the electors
voting thereon in the municipal corporation or in the
unincorporated area of the township voted against the repeal of
Section 9 of Article XV, Ohio Constitution, unless the sale of
spirituous liquor by the glass is authorized by a majority vote of
the electors voting on the question in the precinct at an election
held pursuant to this section or by a majority vote of the
electors of the precinct voting on question (C) at a special local
option election held in the precinct pursuant to section 4301.35
of the Revised Code. Upon the request of an elector, the board of
elections of the county that encompasses the precinct shall
furnish the elector with a copy of the instructions prepared by
the secretary of state under division (P)(A)(16) of section
3501.05 of the Revised Code and, within fifteen days after the
request, a certificate of the number of signatures required for a
valid petition under this section.
Upon the petition of thirty-five per cent of the total number
of voters voting in any such precinct for the office of governor
at the preceding general election, filed with the board of
elections of the county in which such precinct is located not
later than ninety days before a general election, the board shall
prepare ballots and hold an election at such general election upon
the question of allowing spirituous liquor to be sold by the glass
in such precinct. The ballots shall be approved in form by the
secretary of state. The results of the election shall be certified
by the board to the secretary of state, who shall certify the
results to the division.
(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the sale
of spirituous liquor by the drink has been authorized by vote of
the electors as provided in this section or in section 4301.35 of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises were
purchased in 1986 or 1987 by the state or any state agency for
highway purposes shall be issued the same permit at another
location notwithstanding any quota restrictions contained in this
chapter or in any rule of the liquor control commission.
Sec. 4305.14. (A) The following questions regarding the sale
of beer by holders of C or D permits may be presented to the
qualified electors of an election precinct:
(1) "Shall the sale of beer as defined in section 4305.08 of
the Revised Code under permits which authorize sale for
off-premises consumption only be permitted within this precinct?"
(2) "Shall the sale of beer as defined in section 4305.08 of
the Revised Code under permits which authorize sale for
on-premises consumption only, and under permits which authorize
sale for both on-premises and off-premises consumption, be
permitted in this precinct?"
The exact wording of the question as submitted and form of
ballot as printed shall be determined by the board of elections in
the county wherein the election is held, subject to approval of
the secretary of state.
Upon the request of an elector, a board of elections of a
county that encompasses an election precinct shall furnish to the
elector a copy of the instructions prepared by the secretary of
state under division (P)(A)(16) of section 3501.05 of the Revised
Code and, within fifteen days after the request, with a
certificate indicating the number of valid signatures that will be
required on a petition to hold a special election in that precinct
on either or both of the questions specified in this section.
The board shall provide to a petitioner, at the time the
petitioner takes out a petition, the names of the streets and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which the election is
sought, and a form prescribed by the secretary of state for
notifying affected permit holders of the circulation of a petition
for an election for the submission of one or more of the questions
specified in division (A) of this section. The petitioner shall,
not less than fifty-five days before the petition-filing deadline
for an election provided for in this section, file with the
division of liquor control the information regarding names of
streets and, if appropriate, address numbers of residences and
business establishments provided by the board of elections, and
specify to the division the precinct that is concerned or that
would be affected by the results of the election and the filing
deadline. The division shall, within a reasonable period of time
and not later than twenty-five days before the filing deadline,
supply the petitioner with a list of the names and addresses of
permit holders who would be affected by the election. The list
shall contain a heading with the following words: "liquor permit
holders who would be affected by the question(s) set forth on a
petition for a local option election."
Within five days after receiving from the division the list
of liquor permit holders who would be affected by the question or
questions set forth on a petition for local option election, the
petitioner shall, using the form provided by the board of
elections, notify by certified mail each permit holder whose name
appears on that list. The form for notifying affected permit
holders shall require the petitioner to state the petitioner's
name and street address and shall contain a statement that a
petition is being circulated for an election for the submission of
the question or questions specified in division (B) of this
section. The form shall require the petitioner to state the
question or questions to be submitted as they appear on the
petition.
The petitioner shall attach a copy of the list provided by
the division to each petition paper. A part petition paper
circulated at any time without the list of affected permit holders
attached to it is invalid.
At the time of filing the petition with the board of
elections, the petitioner shall provide to the board of elections
the list supplied by the division and an affidavit certifying that
the petitioner notified all affected permit holders on the list in
the manner and within the time required in this section and that,
at the time each signer of the petition signed the petition, the
petition paper contained a copy of the list of affected permit
holders.
Within five days after receiving a petition calling for an
election for the submission of the question or questions set forth
in this section, the board of elections shall give notice by
certified mail that it has received the petition to all liquor
permit holders whose names appear on the list of affected permit
holders filed by the petitioner. Failure of the petitioner to
supply the affidavit required by this section and a complete and
accurate list of liquor permit holders invalidates the entire
petition. The board of elections shall provide to a permit holder
who would be affected by a proposed local option election, on the
permit holder's request, the names of the streets, and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which the election is sought
and that would be affected by the results of the election. The
board may charge a reasonable fee for this information when
provided to the petitioner and the permit holder.
Upon presentation not later than four p.m. of the ninetieth
day before the day of a general or primary election, of a petition
to the board of elections of the county wherein such election is
sought to be held, requesting the holding of such election on
either or both of the questions specified in this section, signed
by qualified electors of the precinct concerned equal in number to
thirty-five per cent of the total number of votes cast in the
precinct concerned for the office of governor at the preceding
general election for that office, such board shall submit the
question or questions specified in the petition to the electors of
the precinct concerned, on the day of the next general or primary
election, whichever occurs first.
(B) The board shall proceed as follows:
(1) Such board shall, upon the filing of a petition under
this section, but not later than the seventy-eighth day before the
day of the election for which the question or questions on the
petition would qualify for submission to the electors of the
precinct, examine and determine the sufficiency of the signatures
and review, examine, and determine the validity of such petition
and, in case of overlapping precinct petitions presented within
that period, determine which of the petitions shall govern the
further proceedings of the board. In the case where the board
determines that two or more overlapping petitions are valid, the
earlier petition shall govern. The board shall certify the
sufficiency of signatures contained in the petition as of the time
of filing and the validity of the petition as of the time of
certification as described in division (C)(1) of this section if
the board finds the petition to be both sufficient and valid.
(2) If the petition contains sufficient signatures and is
valid, and, in case of overlapping precinct petitions, after the
board has determined the governing petition, the board shall order
the holding of a special election in the precinct for the
submission of the question or questions specified in the petition,
on the day of the next general or primary election, whichever
occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(C) Protest against a local option petition may be filed by
any qualified elector eligible to vote on the question or
questions specified in the petition or by a permit holder in the
precinct as described in the petition, not later than four p.m. of
the seventy-fourth day before the day of such general or primary
election for which the petition qualified. Such protest shall be
in writing and shall be filed with the election officials with
whom the petition was filed. Upon filing of such protest the
election officials with whom it is filed shall promptly fix the
time for hearing it, and shall forthwith mail notice of the filing
of the protest and the time for hearing it to the person who filed
the petition which is protested and to the person who filed the
protest. At the time and place fixed, the election officials shall
hear the protest and determine the validity of the petition.
(D) If a majority of the electors voting on the question in
the precinct vote "yes" on question (1) or (2) as set forth in
division (A) of this section, the sale of beer as specified in
that question shall be permitted in the precinct and no subsequent
election shall be held in the precinct under this section on the
same question for a period of at least four years from the date of
the most recent election.
If a majority of the electors voting on the question in the
precinct vote "no" on question (1) or (2) as set forth in division
(A) of this section, no C or D permit holder shall sell beer as
specified in that question within the precinct during the period
the election is in effect and no subsequent election shall be held
in the precinct under this section on the same question for a
period of at least four years from the date of the most recent
election.
Section 2. That existing sections 2101.44, 3501.01, 3501.02,
3501.05, 3501.051, 3501.053, 3501.11, 3501.13, 3501.17, 3501.18,
3501.20, 3501.22, 3501.26, 3501.27, 3501.28, 3501.29, 3501.30,
3501.301, 3501.31, 3501.32, 3501.33, 3501.35, 3501.37, 3501.38,
3503.02, 3503.06, 3503.10, 3503.14, 3503.15, 3503.16, 3503.18,
3503.19, 3503.21, 3503.24, 3503.26, 3503.28, 3504.02, 3504.04,
3504.05, 3505.07, 3505.08, 3505.11, 3505.13, 3505.16, 3505.17,
3505.18, 3505.181, 3505.182, 3505.183, 3505.20, 3505.21, 3505.23,
3505.24, 3505.26, 3505.28, 3505.29, 3505.30, 3505.31, 3506.05,
3506.12, 3506.15, 3509.01, 3509.03, 3509.031, 3509.04, 3509.05,
3509.06, 3509.07, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05,
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, 3511.13,
3511.14, 3513.02, 3513.131, 3513.18, 3513.19, 3513.21, 3513.30,
3513.31, 3515.04, 3517.01, 3517.012, 3517.992, 3519.01, 3519.16,
3599.07, 3599.17, 3599.19, 3599.31, 4301.32, 4301.334, 4303.29,
and 4305.14 and sections 3503.29, 3504.01, and
3506.16 of the
Revised Code are hereby repealed.
Section 3. A board of elections shall rearrange and combine
precincts within the applicable county as necessary to comply with
the minimum precinct size requirements established in section
3501.18 of the Revised Code, as amended by this act, not later
than December 31, 2011.