As Reported by the House State Government and Elections Committee

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 295


Senator Coley 

Cosponsors: Senators Eklund, Faber, Hite, Jones, Jordan, Niehaus, Obhof, Seitz, Wagoner 



A BILL
To repeal the versions of sections of the Revised 1
Code amended or enacted by Sections 1 and 3 of Am. 2
Sub. H.B. 194 of the 129th General Assembly, to 3
repeal the repeal of sections of the Revised Code 4
by Sections 2 and 4 of Am. Sub. H.B. 194 of the 5
129th General Assembly, and to repeal Sections 5, 6
6, 7, and 8 of Am. Sub. H.B. 194 of the 129th 7
General Assembly, to continue in operation the 8
provisions of the Election Law currently in 9
effect.10


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

       Section 1. The versions of sections of the Revised Code 11
amended or enacted by Sections 1 and 3 of Am. Sub. H.B. 194 of the 12
129th General Assembly, which are scheduled to take effect only if 13
approved by the voters at a referendum to be held on November 6, 14
2012, are hereby repealed. The repeal of sections of the Revised 15
Code by Sections 2 and 4 of Am. Sub. H.B. 194 of the 129th General 16
Assembly, which is scheduled to take effect only if approved by 17
the voters at a referendum to be held on November 6, 2012, is 18
hereby repealed.19

        By repealing the versions of Revised Code sections enacted or 20
amended by Am. Sub. H.B. 194 of the 129th General Assembly, and by 21
repealing the repeal of Revised Code sections by Am. Sub. H.B. 194 22
of the 129th General Assembly, it is the intent of the General 23
Assembly to continue in operation the following provisions of the 24
Revised Code, which are currently in effect:25

       Sec. 3.02.  (A) When an elective office becomes vacant and is 26
filled by appointment, such appointee shall hold the office until 27
the appointee's successor is elected and qualified; and such 28
successor shall be elected for the unexpired term, at the first 29
general election for the office which is vacant that occurs more 30
than fifty-six days after the vacancy has occurred; provided that 31
when the unexpired term ends within one year immediately following 32
the date of such general election, an election to fill such 33
unexpired term shall not be held and the appointment shall be for 34
such unexpired term.35

       (B) When an elective office becomes vacant and is filled by 36
appointment, the appointing authority shall, immediately but no 37
later than seven days after making the appointment, certify it to 38
the board of elections and to the secretary of state. The board of 39
elections or, in the case of an appointment to a statewide office, 40
the secretary of state shall issue a certificate of appointment to 41
the appointee. Certificates of appointment shall be in such form 42
as the secretary of state shall prescribe.43

       (C) When an elected candidate fails to qualify for the office 44
to which the candidate has been elected, the office shall be 45
filled as in the case of a vacancy. Until so filled, the incumbent 46
officer shall continue to hold office. This section does not 47
postpone the time for such election beyond that at which it would 48
have been held had no such vacancy occurred, or affect the 49
official term, or the time for the commencement thereof, of any 50
person elected to such office before the occurrence of such 51
vacancy.52

       Sec. 7.101.  For publication of proposed amendments to the 53
Ohio constitution, ballot language, and explanations and arguments 54
both for and against proposed amendments, referenda, or laws 55
proposed by initiative petitions, publishers of newspapers may 56
charge and receive rates charged on annual contracts by them for a 57
like amount of space to other advertisers who advertise in its 58
general display advertising columns.59

       Legal advertising of proposed amendments to the constitution 60
shall be printed in display form and shall meet the following 61
specifications. The advertisements shall contain a headline 62
entitled "proposed amendment to the Ohio constitution" printed in 63
not smaller than thirty point type. The ballot language, and 64
explanations and arguments both for and against the proposed 65
amendments, shall be printed in type not smaller than ten point 66
type. For referenda and laws proposed by initiative petitions, the 67
advertisement shall contain a headline entitled "referendum" or, 68
when appropriate, "proposed law" printed in not smaller than 69
thirty point type. All advertisements shall contain such normal 70
spaces and blanks as contribute to clarity and understanding and 71
the entire section of each publication shall be enclosed by a 72
black border line of the same point type size as corresponds to 73
the type size of the ballot language. The notice shall be printed 74
in two or more columns if necessary to contribute to clarity or 75
understanding or if necessary to accommodate the black border 76
outline.77

       All legal advertisements or notices under this section shall 78
be printed in newspapers published in the English language only.79

       Sec. 302.09.  When a vacancy occurs in the board of county 80
commissioners or in the office of county auditor, county 81
treasurer, prosecuting attorney, clerk of the court of common 82
pleas, sheriff, county recorder, county engineer, or coroner more 83
than fifty-six days before the next general election for state and 84
county officers, the vacancy shall be filled as provided for in 85
divisions (A) and (B) of section 305.02 of the Revised Code.86

       Sec. 305.02.  (A) If a vacancy in the office of county 87
commissioner, prosecuting attorney, county auditor, county 88
treasurer, clerk of the court of common pleas, sheriff, county 89
recorder, county engineer, or coroner occurs more than fifty-six 90
days before the next general election for state and county 91
officers, a successor shall be elected at such election for the 92
unexpired term unless such term expires within one year 93
immediately following the date of such general election.94

       In either event, the vacancy shall be filled as provided in 95
this section and the appointee shall hold office until a successor 96
is elected and qualified.97

       (B) If a vacancy occurs from any cause in any of the offices 98
named in division (A) of this section, the county central 99
committee of the political party with which the last occupant of 100
the office was affiliated shall appoint a person to hold the 101
office and to perform the duties thereof until a successor is 102
elected and has qualified, except that if such vacancy occurs 103
because of the death, resignation, or inability to take the office 104
of an officer-elect whose term has not yet begun, an appointment 105
to take such office at the beginning of the term shall be made by 106
the central committee of the political party with which such 107
officer-elect was affiliated.108

       (C) Not less than five nor more than forty-five days after a 109
vacancy occurs, the county central committee shall meet for the 110
purpose of making an appointment under this section. Not less than 111
four days before the date of such meeting the chairperson or 112
secretary of such central committee shall send by first class mail 113
to every member of such central committee a written notice which 114
shall state the time and place of such meeting and the purpose 115
thereof. A majority of the members of the central committee 116
present at such meeting may make the appointment.117

       (D) If the last occupant of the office or the officer-elect 118
was elected as an independent candidate, the board of county 119
commissioners shall make such appointment at the time when the 120
vacancy occurs, except where the vacancy is in the office of 121
county commissioner, in which case the prosecuting attorney and 122
the remaining commissioners or a majority of them shall make the 123
appointment.124

       (E) Appointments made under this section shall be certified 125
by the appointing county central committee or by the board of 126
county commissioners to the county board of elections and to the 127
secretary of state, and the persons so appointed and certified 128
shall be entitled to all remuneration provided by law for the 129
offices to which they are appointed.130

       (F) The board of county commissioners may appoint a person to 131
hold any of the offices named in division (A) of this section as 132
an acting officer and to perform the duties thereof between the 133
occurrence of the vacancy and the time when the officer appointed 134
by the central committee qualifies and takes the office.135

       (G) A person appointed prosecuting attorney or assistant 136
prosecuting attorney shall give bond and take the oath of office 137
prescribed by section 309.03 of the Revised Code for the 138
prosecuting attorney.139

       Sec. 503.24.  If there is a vacancy by reason of the 140
nonacceptance, death, or removal of a person chosen to an office 141
in any township at the regular election, or if there is a vacancy 142
from any other cause, the board of township trustees shall appoint 143
a person having the qualifications of an elector to fill such 144
vacancy for the unexpired term or until a successor is elected.145

       If a township is without a board or if no appointment is made 146
within thirty days after the occurrence of a vacancy, a majority 147
of the persons designated as the committee of five on the 148
last-filed nominating petition of the township officer whose 149
vacancy is to be filled who are residents of the township shall 150
appoint a person having the qualifications of an elector to fill 151
the vacancy for the unexpired term or until a successor is 152
elected. If at least three of the committee members who are 153
residents of the township cannot be found, or if that number of 154
such members fails to make an appointment within ten days after 155
the thirty-day period in which the board of township trustees is 156
authorized to make an appointment, then the presiding probate 157
judge of the county shall appoint a suitable person having the 158
qualifications of an elector in the township to fill the vacancy 159
for the unexpired term or until a successor is elected.160

       If a vacancy occurs in a township elective office more than 161
fifty-six days before the next general election for municipal and 162
township officers a successor shall be chosen at that election to 163
fill the unexpired term, provided the term does not expire within 164
one year from the day of the election. If the term expires within 165
one year from the day of the next general election for municipal 166
and township officers, a successor appointed pursuant to this 167
section shall serve out the unexpired term.168

       Sec. 511.27.  (A) To defray the expenses of the township park 169
district and for purchasing, appropriating, operating, 170
maintaining, and improving lands for parks or recreational 171
purposes, the board of park commissioners may levy a sufficient 172
tax within the ten-mill limitation, not to exceed one mill on each 173
dollar of valuation on all real and personal property within the 174
township, and on all real and personal property within any 175
municipal corporation that is within the township, that was within 176
the township at the time that the park district was established, 177
or the boundaries of which are coterminous with or include the 178
township. The levy shall be over and above all other taxes and 179
limitations on such property authorized by law.180

       (B) Except as otherwise provided in division (C) of this 181
section, the board of park commissioners, not less than ninety 182
days before the day of the election, may declare by resolution 183
that the amount of taxes that may be raised within the ten-mill 184
limitation will be insufficient to provide an adequate amount for 185
the necessary requirements of the district and that it is 186
necessary to levy a tax in excess of that limitation for the use 187
of the district. The resolution shall specify the purpose for 188
which the taxes shall be used, the annual rate proposed, and the 189
number of consecutive years the levy will be in effect. Upon the 190
adoption of the resolution, the question of levying the taxes 191
shall be submitted to the electors of the township and the 192
electors of any municipal corporation that is within the township, 193
that was within the township at the time that the park district 194
was established, or the boundaries of which are coterminous with 195
or include the township, at a special election to be held on 196
whichever of the following occurs first:197

       (1) The day of the next ensuing general election;198

       (2) The first Tuesday after the first Monday in May of any 199
calendar year, except that, if a presidential primary election is 200
held in that calendar year, then the day of that election.201

       The rate submitted to the electors at any one election shall 202
not exceed two mills annually upon each dollar of valuation. If a 203
majority of the electors voting upon the question of the levy vote 204
in favor of the levy, the tax shall be levied on all real and 205
personal property within the township and on all real and personal 206
property within any municipal corporation that is within the 207
township, that was within the township at the time that the park 208
district was established, or the boundaries of which are 209
coterminous with or include the township, and the levy shall be 210
over and above all other taxes and limitations on such property 211
authorized by law.212

       (C) In any township park district that contains only 213
unincorporated territory, if the township board of park 214
commissioners is appointed by the board of township trustees, 215
before a tax can be levied and certified to the county auditor 216
pursuant to section 5705.34 of the Revised Code or before a 217
resolution for a tax levy can be certified to the board of 218
elections pursuant to section 511.28 of the Revised Code, the 219
board of park commissioners shall receive approval for its levy 220
request from the board of township trustees. The board of park 221
commissioners shall adopt a resolution requesting the board of 222
township trustees to approve the levy request, stating the annual 223
rate of the proposed levy and the reason for the levy request. On 224
receiving this request, the board of township trustees shall vote 225
on whether to approve the request and, if a majority votes to 226
approve it, shall issue a resolution approving the levy at the 227
requested rate.228

       Sec. 733.31.  (A) Unless otherwise provided by law, vacancies 229
arising in appointive and elective offices of villages shall be 230
filled by appointment by the mayor for the remainder of the 231
unexpired term, provided that:232

       (1) Vacancies in the office of mayor shall be filled in the 233
manner provided by section 733.25 of the Revised Code;234

       (2) Vacancies in the membership of the legislative authority 235
shall be filled in the manner provided by section 731.43 of the 236
Revised Code;237

       (3) Vacancies in the office of president pro tempore of a 238
village legislative authority shall be filled in the manner 239
provided by section 731.11 of the Revised Code.240

       In the event of a vacancy in the office of village clerk or 241
treasurer, the mayor may appoint a person to serve as an acting 242
officer to perform the duties of the office until a permanent 243
officer is appointed to fill the vacancy.244

       (B) Unless otherwise provided by law, vacancies arising in 245
appointive offices of cities shall be filled by appointment by the 246
mayor for the remainder of the unexpired term.247

       (C) A vacancy in the office of president of the legislative 248
authority of a city shall be filled in the same manner as provided 249
in division (D) of this section. Vacancies in the office of mayor 250
of a city shall be filled in the manner provided in section 733.08 251
of the Revised Code. Vacancies in the membership of the 252
legislative authority of a city shall be filled in the manner 253
provided in section 731.43 of the Revised Code.254

       (D) In case of the death, resignation, removal, or disability 255
of the director of law, auditor, or treasurer of a city and such 256
vacancy occurs more than fifty-six days before the next general 257
election for such office, a successor shall be elected at such 258
election for the unexpired term unless such term expires within 259
one year immediately following the date of such general election. 260
In either event, the vacancy shall be filled as provided in this 261
section and the appointee shall hold office until a successor is 262
elected and qualified.263

       (1) The county central committee of the political party with 264
which the last occupant of the office was affiliated, acting 265
through its members who reside in the city where the vacancy 266
occurs, shall appoint a person to hold the office and to perform 267
the duties thereof until a successor is elected and has qualified, 268
except that if such vacancy occurs because of the death, 269
resignation, or inability to take the office of an officer-elect 270
whose term has not yet begun, an appointment to take such office 271
at the beginning of the term shall be made by the members of the 272
central committee who reside in the city where the vacancy occurs.273

       (2) Not less than five nor more than forty-five days after a 274
vacancy occurs, the county central committee, acting through its 275
members who reside in the city where the vacancy occurs, shall 276
meet for the purpose of making an appointment. Not less than four 277
days before the date of the meeting the chairperson or secretary 278
of the central committee shall send by first class mail to every 279
member of such central committee who resides in the city where the 280
vacancy occurs a written notice which shall state the time and 281
place of such meeting and the purpose thereof. A majority of the 282
members of the central committee present at such meeting may make 283
the appointment.284

       (E) If the last occupant of the office or the officer-elect, 285
as provided in division (D) of this section, was elected as an 286
independent candidate, the mayor of the city shall make the 287
appointment at the time the vacancy occurs.288

       (F) Appointments made under this section shall be certified 289
by the appointing county central committee or by the mayor of the 290
municipal corporation to the county board of elections and to the 291
secretary of state. The persons so appointed and certified shall 292
be entitled to all remuneration provided by law for the offices to 293
which they are appointed.294

       (G) The mayor of the city may appoint a person to hold the 295
city office of director of law, auditor, or treasurer as an acting 296
officer and to perform the duties thereof between the occurrence 297
of the vacancy and the time when the person appointed by the 298
central committee qualifies and takes the office.299

       Sec. 1545.21.  The board of park commissioners, by 300
resolution, may submit to the electors of the park district the 301
question of levying taxes for the use of the district. The 302
resolution shall declare the necessity of levying such taxes, 303
shall specify the purpose for which such taxes shall be used, the 304
annual rate proposed, and the number of consecutive years the rate 305
shall be levied. Such resolution shall be forthwith certified to 306
the board of elections in each county in which any part of such 307
district is located, not later than the ninetieth day before the 308
day of the election, and the question of the levy of taxes as 309
provided in such resolution shall be submitted to the electors of 310
the district at a special election to be held on whichever of the 311
following occurs first:312

       (A) The day of the next general election;313

       (B) The first Tuesday after the first Monday in May in any 314
calendar year, except that if a presidential primary election is 315
held in that calendar year, then the day of that election. The 316
ballot shall set forth the purpose for which the taxes shall be 317
levied, the annual rate of levy, and the number of years of such 318
levy. If the tax is to be placed on the current tax list, the form 319
of the ballot shall state that the tax will be levied in the 320
current tax year and shall indicate the first calendar year the 321
tax will be due. If the resolution of the board of park 322
commissioners provides that an existing levy will be canceled upon 323
the passage of the new levy, the ballot may include a statement 324
that: "an existing levy of ... mills (stating the original levy 325
millage), having ... years remaining, will be canceled and 326
replaced upon the passage of this levy." In such case, the ballot 327
may refer to the new levy as a "replacement levy" if the new 328
millage does not exceed the original millage of the levy being 329
canceled or as a "replacement and additional levy" if the new 330
millage exceeds the original millage of the levy being canceled. 331
If a majority of the electors voting upon the question of such 332
levy vote in favor thereof, such taxes shall be levied and shall 333
be in addition to the taxes authorized by section 1545.20 of the 334
Revised Code, and all other taxes authorized by law. The rate 335
submitted to the electors at any one time shall not exceed two 336
mills annually upon each dollar of valuation. When a tax levy has 337
been authorized as provided in this section or in section 1545.041 338
of the Revised Code, the board of park commissioners may issue 339
bonds pursuant to section 133.24 of the Revised Code in 340
anticipation of the collection of such levy, provided that such 341
bonds shall be issued only for the purpose of acquiring and 342
improving lands. Such levy, when collected, shall be applied in 343
payment of the bonds so issued and the interest thereon. The 344
amount of bonds so issued and outstanding at any time shall not 345
exceed one per cent of the total tax valuation in such district. 346
Such bonds shall bear interest at a rate not to exceed the rate 347
determined as provided in section 9.95 of the Revised Code.348

       Sec. 1901.10.  (A)(1)(a) The judges of the municipal court 349
and officers of the court shall take an oath of office as provided 350
in section 3.23 of the Revised Code. The office of judge of the 351
municipal court is subject to forfeiture, and the judge may be 352
removed from office, for the causes and by the procedure provided 353
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the 354
office of judge exists upon the death, resignation, forfeiture, 355
removal from office, or absence from official duties for a period 356
of six consecutive months, as determined under this section, of 357
the judge and also by reason of the expiration of the term of an 358
incumbent when no successor has been elected or qualified. The 359
chief justice of the supreme court may designate a judge of 360
another municipal court to act until that vacancy is filled in 361
accordance with section 107.08 of the Revised Code. A vacancy 362
resulting from the absence of a judge from official duties for a 363
period of six consecutive months shall be determined and declared 364
by the legislative authority.365

       (b) If a vacancy occurs in the office of judge or clerk of 366
the municipal court after the one-hundredth day before the first 367
Tuesday after the first Monday in May and prior to the fifty-sixth 368
day before the day of the general election, all candidates for 369
election to the unexpired term of the judge or clerk shall file 370
nominating petitions with the board of elections not later than 371
four p.m. on the tenth day following the day on which the vacancy 372
occurs, except that, when the vacancy occurs fewer than four days 373
before the fifty-sixth day before the general election, the 374
deadline for filing shall be four p.m. on the fiftieth day before 375
the day of the general election.376

       (c) Each nominating petition referred to in division 377
(A)(1)(b) of this section shall be in the form prescribed in 378
section 3513.261 of the Revised Code and shall be signed by at 379
least fifty qualified electors of the territory of the municipal 380
court. No nominating petition shall be accepted for filing or 381
filed if it appears on its face to contain signatures aggregating 382
in number more than twice the minimum aggregate number of 383
signatures required by this section.384

       (2) If a judge of a municipal court that has only one judge 385
is temporarily absent, incapacitated, or otherwise unavailable, 386
the judge may appoint a substitute who has the qualifications 387
required by section 1901.06 of the Revised Code or a retired judge 388
of a court of record who is a qualified elector and a resident of 389
the territory of the court. If the judge is unable to make the 390
appointment, the chief justice of the supreme court shall appoint 391
a substitute. The appointee shall serve during the absence, 392
incapacity, or unavailability of the incumbent, shall have the 393
jurisdiction and powers conferred upon the judge of the municipal 394
court, and shall be styled "acting judge." During that time of 395
service, the acting judge shall sign all process and records and 396
shall perform all acts pertaining to the office, except that of 397
removal and appointment of officers of the court. All courts shall 398
take judicial notice of the selection and powers of the acting 399
judge. The incumbent judge shall establish the amount of 400
compensation of an acting judge upon either a per diem, hourly, or 401
other basis, but the rate of pay shall not exceed the per diem 402
amount received by the incumbent judge.403

       (B) When the volume of cases pending in any municipal court 404
necessitates an additional judge, the chief justice of the supreme 405
court, upon the written request of the judge or presiding judge of 406
that municipal court, may designate a judge of another municipal 407
court or county court to serve for any period of time that the 408
chief justice may prescribe. The compensation of a judge so 409
designated shall be paid from the city treasury or, in the case of 410
a county-operated municipal court, from the county treasury. In 411
addition to the annual salary provided for in section 1901.11 of 412
the Revised Code and in addition to any compensation under 413
division (A)(5) or (6) of section 141.04 of the Revised Code to 414
which the judge is entitled in connection with the judge's own 415
court, a full-time or part-time judge while holding court outside 416
the judge's territory on the designation of the chief justice 417
shall receive actual and necessary expenses and compensation as 418
follows:419

       (1) A full-time judge shall receive thirty dollars for each 420
day of the assignment.421

       (2) A part-time judge shall receive for each day of the 422
assignment the per diem compensation of the judges of the court to 423
which the judge is assigned, less the per diem amount paid to 424
those judges pursuant to section 141.04 of the Revised Code, 425
calculated on the basis of two hundred fifty working days per 426
year.427

       If a request is made by a judge or the presiding judge of a 428
municipal court to designate a judge of another municipal court 429
because of the volume of cases in the court for which the request 430
is made and the chief justice reports, in writing, that no 431
municipal or county court judge is available to serve by 432
designation, the judges of the court requesting the designation 433
may appoint a substitute as provided in division (A)(2) of this 434
section, who may serve for any period of time that is prescribed 435
by the chief justice. The substitute judge shall be paid in the 436
same manner and at the same rate as the incumbent judges, except 437
that, if the substitute judge is entitled to compensation under 438
division (A)(5) or (6) of section 141.04 of the Revised Code, then 439
section 1901.121 of the Revised Code shall govern its payment.440

       Sec. 2101.44.  The election upon the question of combining 441
the probate court and the court of common pleas shall be conducted 442
as provided for the election of county officers.443

       The board of election shall provide separate ballots, ballot 444
boxes, tally sheets, blanks, stationery, and all such other 445
supplies as may be necessary in the conduct of such election.446

       Ballots shall be printed with an affirmative and negative 447
statement thereon, as follows:448

        449

 The probate court and the court of common pleas shall be combined. 450
 The probate court and the court of common pleas shall not be combined. 451

        452

       Returns of said election shall be made and canvassed at the 453
same time and in the same manner as an election for county 454
officers. The board shall certify the result of said election to 455
the secretary of state, to the probate judge of said county, and 456
to the judge of the court of common pleas, and such result shall 457
be spread upon the journal of the probate court and of the court 458
of common pleas.459

       If a majority of the votes cast at such an election are in 460
favor of combining said courts, such courts shall stand combined 461
upon determination of the fact that a majority of the persons 462
voting upon the question of the combination of such courts voted 463
in favor of such combination.464

       Sec. 2301.02.  The number of judges of the court of common 465
pleas for each county, the time for the next election of the 466
judges in the several counties, and the beginning of their terms 467
shall be as follows:468

       (A) In Adams, Ashland, Fayette, and Pike counties, one judge, 469
elected in 1956, term to begin February 9, 1957;470

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 471
Ottawa, and Union counties, one judge, to be elected in 1954, term 472
to begin February 9, 1955;473

       In Auglaize county, one judge, to be elected in 1956, term to 474
begin January 9, 1957;475

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 476
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and 477
Wyandot counties, one judge, to be elected in 1956, term to begin 478
January 1, 1957;479

       In Morrow county, two judges, one to be elected in 1956, term 480
to begin January 1, 1957, and one to be elected in 2006, term to 481
begin January 1, 2007;482

       In Logan county, two judges, one to be elected in 1956, term 483
to begin January 1, 1957, and one to be elected in 2004, term to 484
begin January 2, 2005;485

       In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, 486
Shelby, Van Wert, and Williams counties, one judge, to be elected 487
in 1952, term to begin January 1, 1953;488

       In Champaign county, two judges, one to be elected in 1952, 489
term to begin January 1, 1953, and one to be elected in 2008, term 490
to begin February 10, 2009.491

       In Harrison and Noble counties, one judge, to be elected in 492
1954, term to begin April 18, 1955;493

       In Henry county, two judges, one to be elected in 1956, term 494
to begin May 9, 1957, and one to be elected in 2004, term to begin 495
January 1, 2005;496

       In Putnam county, one judge, to be elected in 1956, term to 497
begin May 9, 1957;498

       In Huron county, one judge, to be elected in 1952, term to 499
begin May 14, 1953;500

       In Perry county, one judge, to be elected in 1954, term to 501
begin July 6, 1956;502

       In Sandusky county, two judges, one to be elected in 1954, 503
term to begin February 10, 1955, and one to be elected in 1978, 504
term to begin January 1, 1979;505

       (B) In Allen county, three judges, one to be elected in 1956, 506
term to begin February 9, 1957, the second to be elected in 1958, 507
term to begin January 1, 1959, and the third to be elected in 508
1992, term to begin January 1, 1993;509

       In Ashtabula county, three judges, one to be elected in 1954, 510
term to begin February 9, 1955, one to be elected in 1960, term to 511
begin January 1, 1961, and one to be elected in 1978, term to 512
begin January 2, 1979;513

       In Athens county, two judges, one to be elected in 1954, term 514
to begin February 9, 1955, and one to be elected in 1990, term to 515
begin July 1, 1991;516

       In Erie county, four judges, one to be elected in 1956, term 517
to begin January 1, 1957, the second to be elected in 1970, term 518
to begin January 2, 1971, the third to be elected in 2004, term to 519
begin January 2, 2005, and the fourth to be elected in 2008, term 520
to begin February 9, 2009;521

       In Fairfield county, three judges, one to be elected in 1954, 522
term to begin February 9, 1955, the second to be elected in 1970, 523
term to begin January 1, 1971, and the third to be elected in 524
1994, term to begin January 2, 1995;525

       In Geauga county, two judges, one to be elected in 1956, term 526
to begin January 1, 1957, and the second to be elected in 1976, 527
term to begin January 6, 1977;528

       In Greene county, four judges, one to be elected in 1956, 529
term to begin February 9, 1957, the second to be elected in 1960, 530
term to begin January 1, 1961, the third to be elected in 1978, 531
term to begin January 2, 1979, and the fourth to be elected in 532
1994, term to begin January 1, 1995;533

       In Hancock county, two judges, one to be elected in 1952, 534
term to begin January 1, 1953, and the second to be elected in 535
1978, term to begin January 1, 1979;536

       In Lawrence county, two judges, one to be elected in 1954, 537
term to begin February 9, 1955, and the second to be elected in 538
1976, term to begin January 1, 1977;539

       In Marion county, three judges, one to be elected in 1952, 540
term to begin January 1, 1953, the second to be elected in 1976, 541
term to begin January 2, 1977, and the third to be elected in 542
1998, term to begin February 9, 1999;543

       In Medina county, three judges, one to be elected in 1956, 544
term to begin January 1, 1957, the second to be elected in 1966, 545
term to begin January 1, 1967, and the third to be elected in 546
1994, term to begin January 1, 1995;547

       In Miami county, two judges, one to be elected in 1954, term 548
to begin February 9, 1955, and one to be elected in 1970, term to 549
begin on January 1, 1971;550

       In Muskingum county, three judges, one to be elected in 1968, 551
term to begin August 9, 1969, one to be elected in 1978, term to 552
begin January 1, 1979, and one to be elected in 2002, term to 553
begin January 2, 2003;554

       In Portage county, three judges, one to be elected in 1956, 555
term to begin January 1, 1957, the second to be elected in 1960, 556
term to begin January 1, 1961, and the third to be elected in 557
1986, term to begin January 2, 1987;558

       In Ross county, two judges, one to be elected in 1956, term 559
to begin February 9, 1957, and the second to be elected in 1976, 560
term to begin January 1, 1977;561

       In Scioto county, three judges, one to be elected in 1954, 562
term to begin February 10, 1955, the second to be elected in 1960, 563
term to begin January 1, 1961, and the third to be elected in 564
1994, term to begin January 2, 1995;565

       In Seneca county, two judges, one to be elected in 1956, term 566
to begin January 1, 1957, and the second to be elected in 1986, 567
term to begin January 2, 1987;568

       In Warren county, four judges, one to be elected in 1954, 569
term to begin February 9, 1955, the second to be elected in 1970, 570
term to begin January 1, 1971, the third to be elected in 1986, 571
term to begin January 1, 1987, and the fourth to be elected in 572
2004, term to begin January 2, 2005;573

       In Washington county, two judges, one to be elected in 1952, 574
term to begin January 1, 1953, and one to be elected in 1986, term 575
to begin January 1, 1987;576

       In Wood county, three judges, one to be elected in 1968, term 577
beginning January 1, 1969, the second to be elected in 1970, term 578
to begin January 2, 1971, and the third to be elected in 1990, 579
term to begin January 1, 1991;580

       In Belmont and Jefferson counties, two judges, to be elected 581
in 1954, terms to begin January 1, 1955, and February 9, 1955, 582
respectively;583

       In Clark county, four judges, one to be elected in 1952, term 584
to begin January 1, 1953, the second to be elected in 1956, term 585
to begin January 2, 1957, the third to be elected in 1986, term to 586
begin January 3, 1987, and the fourth to be elected in 1994, term 587
to begin January 2, 1995.588

       In Clermont county, five judges, one to be elected in 1956, 589
term to begin January 1, 1957, the second to be elected in 1964, 590
term to begin January 1, 1965, the third to be elected in 1982, 591
term to begin January 2, 1983, the fourth to be elected in 1986, 592
term to begin January 2, 1987; and the fifth to be elected in 593
2006, term to begin January 3, 2007;594

       In Columbiana county, two judges, one to be elected in 1952, 595
term to begin January 1, 1953, and the second to be elected in 596
1956, term to begin January 1, 1957;597

       In Delaware county, two judges, one to be elected in 1990, 598
term to begin February 9, 1991, the second to be elected in 1994, 599
term to begin January 1, 1995;600

       In Lake county, six judges, one to be elected in 1958, term 601
to begin January 1, 1959, the second to be elected in 1960, term 602
to begin January 2, 1961, the third to be elected in 1964, term to 603
begin January 3, 1965, the fourth and fifth to be elected in 1978, 604
terms to begin January 4, 1979, and January 5, 1979, respectively, 605
and the sixth to be elected in 2000, term to begin January 6, 606
2001;607

       In Licking county, four judges, one to be elected in 1954, 608
term to begin February 9, 1955, one to be elected in 1964, term to 609
begin January 1, 1965, one to be elected in 1990, term to begin 610
January 1, 1991, and one to be elected in 2004, term to begin 611
January 1, 2005;612

       In Lorain county, nine judges, two to be elected in 1952, 613
terms to begin January 1, 1953, and January 2, 1953, respectively, 614
one to be elected in 1958, term to begin January 3, 1959, one to 615
be elected in 1968, term to begin January 1, 1969, two to be 616
elected in 1988, terms to begin January 4, 1989, and January 5, 617
1989, respectively, two to be elected in 1998, terms to begin 618
January 2, 1999, and January 3, 1999, respectively; and one to be 619
elected in 2006, term to begin January 6, 2007; 620

       In Butler county, eleven judges, one to be elected in 1956, 621
term to begin January 1, 1957; two to be elected in 1954, terms to 622
begin January 1, 1955, and February 9, 1955, respectively; one to 623
be elected in 1968, term to begin January 2, 1969; one to be 624
elected in 1986, term to begin January 3, 1987; two to be elected 625
in 1988, terms to begin January 1, 1989, and January 2, 1989, 626
respectively; one to be elected in 1992, term to begin January 4, 627
1993; two to be elected in 2002, terms to begin January 2, 2003, 628
and January 3, 2003, respectively; and one to be elected in 2006, 629
term to begin January 3, 2007;630

       In Richland county, four judges, one to be elected in 1956, 631
term to begin January 1, 1957, the second to be elected in 1960, 632
term to begin February 9, 1961, the third to be elected in 1968, 633
term to begin January 2, 1969, and the fourth to be elected in 634
2004, term to begin January 3, 2005;635

       In Tuscarawas county, two judges, one to be elected in 1956, 636
term to begin January 1, 1957, and the second to be elected in 637
1960, term to begin January 2, 1961;638

       In Wayne county, two judges, one to be elected in 1956, term 639
beginning January 1, 1957, and one to be elected in 1968, term to 640
begin January 2, 1969;641

       In Trumbull county, six judges, one to be elected in 1952, 642
term to begin January 1, 1953, the second to be elected in 1954, 643
term to begin January 1, 1955, the third to be elected in 1956, 644
term to begin January 1, 1957, the fourth to be elected in 1964, 645
term to begin January 1, 1965, the fifth to be elected in 1976, 646
term to begin January 2, 1977, and the sixth to be elected in 647
1994, term to begin January 3, 1995;648

       (C) In Cuyahoga county, thirty-nine judges; eight to be 649
elected in 1954, terms to begin on successive days beginning from 650
January 1, 1955, to January 7, 1955, and February 9, 1955, 651
respectively; eight to be elected in 1956, terms to begin on 652
successive days beginning from January 1, 1957, to January 8, 653
1957; three to be elected in 1952, terms to begin from January 1, 654
1953, to January 3, 1953; two to be elected in 1960, terms to 655
begin on January 8, 1961, and January 9, 1961, respectively; two 656
to be elected in 1964, terms to begin January 4, 1965, and January 657
5, 1965, respectively; one to be elected in 1966, term to begin on 658
January 10, 1967; four to be elected in 1968, terms to begin on 659
successive days beginning from January 9, 1969, to January 12, 660
1969; two to be elected in 1974, terms to begin on January 18, 661
1975, and January 19, 1975, respectively; five to be elected in 662
1976, terms to begin on successive days beginning January 6, 1977, 663
to January 10, 1977; two to be elected in 1982, terms to begin 664
January 11, 1983, and January 12, 1983, respectively; and two to 665
be elected in 1986, terms to begin January 13, 1987, and January 666
14, 1987, respectively;667

       In Franklin county, twenty-two judges; two to be elected in 668
1954, terms to begin January 1, 1955, and February 9, 1955, 669
respectively; four to be elected in 1956, terms to begin January 670
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 671
begin January 1, 1959, to January 4, 1959; three to be elected in 672
1968, terms to begin January 5, 1969, to January 7, 1969; three to 673
be elected in 1976, terms to begin on successive days beginning 674
January 5, 1977, to January 7, 1977; one to be elected in 1982, 675
term to begin January 8, 1983; one to be elected in 1986, term to 676
begin January 9, 1987; two to be elected in 1990, terms to begin 677
July 1, 1991, and July 2, 1991, respectively; one to be elected in 678
1996, term to begin January 2, 1997; and one to be elected in 679
2004, term to begin July 1, 2005;680

       In Hamilton county, twenty-one judges; eight to be elected in 681
1966, terms to begin January 1, 1967, January 2, 1967, and from 682
February 9, 1967, to February 14, 1967, respectively; five to be 683
elected in 1956, terms to begin from January 1, 1957, to January 684
5, 1957; one to be elected in 1964, term to begin January 1, 1965; 685
one to be elected in 1974, term to begin January 15, 1975; one to 686
be elected in 1980, term to begin January 16, 1981; two to be 687
elected at large in the general election in 1982, terms to begin 688
April 1, 1983; one to be elected in 1990, term to begin July 1, 689
1991; and two to be elected in 1996, terms to begin January 3, 690
1997, and January 4, 1997, respectively;691

       In Lucas county, fourteen judges; two to be elected in 1954, 692
terms to begin January 1, 1955, and February 9, 1955, 693
respectively; two to be elected in 1956, terms to begin January 1, 694
1957, and October 29, 1957, respectively; two to be elected in 695
1952, terms to begin January 1, 1953, and January 2, 1953, 696
respectively; one to be elected in 1964, term to begin January 3, 697
1965; one to be elected in 1968, term to begin January 4, 1969; 698
two to be elected in 1976, terms to begin January 4, 1977, and 699
January 5, 1977, respectively; one to be elected in 1982, term to 700
begin January 6, 1983; one to be elected in 1988, term to begin 701
January 7, 1989; one to be elected in 1990, term to begin January 702
2, 1991; and one to be elected in 1992, term to begin January 2, 703
1993;704

       In Mahoning county, seven judges; three to be elected in 705
1954, terms to begin January 1, 1955, January 2, 1955, and 706
February 9, 1955, respectively; one to be elected in 1956, term to 707
begin January 1, 1957; one to be elected in 1952, term to begin 708
January 1, 1953; one to be elected in 1968, term to begin January 709
2, 1969; and one to be elected in 1990, term to begin July 1, 710
1991;711

       In Montgomery county, fifteen judges; three to be elected in 712
1954, terms to begin January 1, 1955, January 2, 1955, and January 713
3, 1955, respectively; four to be elected in 1952, terms to begin 714
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, 715
respectively; one to be elected in 1964, term to begin January 3, 716
1965; one to be elected in 1968, term to begin January 3, 1969; 717
three to be elected in 1976, terms to begin on successive days 718
beginning January 4, 1977, to January 6, 1977; two to be elected 719
in 1990, terms to begin July 1, 1991, and July 2, 1991, 720
respectively; and one to be elected in 1992, term to begin January 721
1, 1993.722

       In Stark county, eight judges; one to be elected in 1958, 723
term to begin on January 2, 1959; two to be elected in 1954, terms 724
to begin on January 1, 1955, and February 9, 1955, respectively; 725
two to be elected in 1952, terms to begin January 1, 1953, and 726
April 16, 1953, respectively; one to be elected in 1966, term to 727
begin on January 4, 1967; and two to be elected in 1992, terms to 728
begin January 1, 1993, and January 2, 1993, respectively;729

       In Summit county, thirteen judges; four to be elected in 730
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 731
1955, and February 9, 1955, respectively; three to be elected in 732
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, 733
1959, respectively; one to be elected in 1966, term to begin 734
January 4, 1967; one to be elected in 1968, term to begin January 735
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one 736
to be elected in 1992, term to begin January 6, 1993; and two to 737
be elected in 2008, terms to begin January 5, 2009, and January 6, 738
2009, respectively.739

       Notwithstanding the foregoing provisions, in any county 740
having two or more judges of the court of common pleas, in which 741
more than one-third of the judges plus one were previously elected 742
at the same election, if the office of one of those judges so 743
elected becomes vacant more than fifty-six days prior to the 744
second general election preceding the expiration of that judge's 745
term, the office that that judge had filled shall be abolished as 746
of the date of the next general election, and a new office of 747
judge of the court of common pleas shall be created. The judge who 748
is to fill that new office shall be elected for a six-year term at 749
the next general election, and the term of that judge shall 750
commence on the first day of the year following that general 751
election, on which day no other judge's term begins, so that the 752
number of judges that the county shall elect shall not be reduced.753

       Judges of the probate division of the court of common pleas 754
are judges of the court of common pleas but shall be elected 755
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 756
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot 757
counties in which the judge of the court of common pleas elected 758
pursuant to this section also shall serve as judge of the probate 759
division, except in Lorain county in which the judges of the 760
domestic relations division of the Lorain county court of common 761
pleas elected pursuant to this section also shall perform the 762
duties and functions of the judge of the probate division from 763
February 9, 2009, through September 28, 2009, and except in Morrow 764
county in which the judges of the court of common pleas elected 765
pursuant to this section also shall perform the duties and 766
functions of the judge of the probate division.767

       Sec. 3501.01.  As used in the sections of the Revised Code 768
relating to elections and political communications:769

       (A) "General election" means the election held on the first 770
Tuesday after the first Monday in each November.771

       (B) "Regular municipal election" means the election held on 772
the first Tuesday after the first Monday in November in each 773
odd-numbered year.774

       (C) "Regular state election" means the election held on the 775
first Tuesday after the first Monday in November in each 776
even-numbered year.777

       (D) "Special election" means any election other than those 778
elections defined in other divisions of this section. A special 779
election may be held only on the first Tuesday after the first 780
Monday in February, May, August, or November, or on the day 781
authorized by a particular municipal or county charter for the 782
holding of a primary election, except that in any year in which a 783
presidential primary election is held, no special election shall 784
be held in February or May, except as authorized by a municipal or 785
county charter, but may be held on the first Tuesday after the 786
first Monday in March.787

       (E)(1) "Primary" or "primary election" means an election held 788
for the purpose of nominating persons as candidates of political 789
parties for election to offices, and for the purpose of electing 790
persons as members of the controlling committees of political 791
parties and as delegates and alternates to the conventions of 792
political parties. Primary elections shall be held on the first 793
Tuesday after the first Monday in May of each year except in years 794
in which a presidential primary election is held.795

       (2) "Presidential primary election" means a primary election 796
as defined by division (E)(1) of this section at which an election 797
is held for the purpose of choosing delegates and alternates to 798
the national conventions of the major political parties pursuant 799
to section 3513.12 of the Revised Code. Unless otherwise 800
specified, presidential primary elections are included in 801
references to primary elections. In years in which a presidential 802
primary election is held, all primary elections shall be held on 803
the first Tuesday after the first Monday in March except as 804
otherwise authorized by a municipal or county charter.805

       (F) "Political party" means any group of voters meeting the 806
requirements set forth in section 3517.01 of the Revised Code for 807
the formation and existence of a political party.808

       (1) "Major political party" means any political party 809
organized under the laws of this state whose candidate for 810
governor or nominees for presidential electors received no less 811
than twenty per cent of the total vote cast for such office at the 812
most recent regular state election.813

       (2) "Intermediate political party" means any political party 814
organized under the laws of this state whose candidate for 815
governor or nominees for presidential electors received less than 816
twenty per cent but not less than ten per cent of the total vote 817
cast for such office at the most recent regular state election.818

       (3) "Minor political party" means any political party 819
organized under the laws of this state whose candidate for 820
governor or nominees for presidential electors received less than 821
ten per cent but not less than five per cent of the total vote 822
cast for such office at the most recent regular state election or 823
which has filed with the secretary of state, subsequent to any 824
election in which it received less than five per cent of such 825
vote, a petition signed by qualified electors equal in number to 826
at least one per cent of the total vote cast for such office in 827
the last preceding regular state election, except that a newly 828
formed political party shall be known as a minor political party 829
until the time of the first election for governor or president 830
which occurs not less than twelve months subsequent to the 831
formation of such party, after which election the status of such 832
party shall be determined by the vote for the office of governor 833
or president.834

       (G) "Dominant party in a precinct" or "dominant political 835
party in a precinct" means that political party whose candidate 836
for election to the office of governor at the most recent regular 837
state election at which a governor was elected received more votes 838
than any other person received for election to that office in such 839
precinct at such election.840

       (H) "Candidate" means any qualified person certified in 841
accordance with the provisions of the Revised Code for placement 842
on the official ballot of a primary, general, or special election 843
to be held in this state, or any qualified person who claims to be 844
a write-in candidate, or who knowingly assents to being 845
represented as a write-in candidate by another at either a 846
primary, general, or special election to be held in this state.847

       (I) "Independent candidate" means any candidate who claims 848
not to be affiliated with a political party, and whose name has 849
been certified on the office-type ballot at a general or special 850
election through the filing of a statement of candidacy and 851
nominating petition, as prescribed in section 3513.257 of the 852
Revised Code.853

       (J) "Nonpartisan candidate" means any candidate whose name is 854
required, pursuant to section 3505.04 of the Revised Code, to be 855
listed on the nonpartisan ballot, including all candidates for 856
judicial office, for member of any board of education, for 857
municipal or township offices in which primary elections are not 858
held for nominating candidates by political parties, and for 859
offices of municipal corporations having charters that provide for 860
separate ballots for elections for these offices.861

       (K) "Party candidate" means any candidate who claims to be a 862
member of a political party, whose name has been certified on the 863
office-type ballot at a general or special election through the 864
filing of a declaration of candidacy and petition of candidate, 865
and who has won the primary election of the candidate's party for 866
the public office the candidate seeks or is selected by party 867
committee in accordance with section 3513.31 of the Revised Code.868

       (L) "Officer of a political party" includes, but is not 869
limited to, any member, elected or appointed, of a controlling 870
committee, whether representing the territory of the state, a 871
district therein, a county, township, a city, a ward, a precinct, 872
or other territory, of a major, intermediate, or minor political 873
party.874

       (M) "Question or issue" means any question or issue certified 875
in accordance with the Revised Code for placement on an official 876
ballot at a general or special election to be held in this state.877

       (N) "Elector" or "qualified elector" means a person having 878
the qualifications provided by law to be entitled to vote.879

       (O) "Voter" means an elector who votes at an election.880

       (P) "Voting residence" means that place of residence of an 881
elector which shall determine the precinct in which the elector 882
may vote.883

       (Q) "Precinct" means a district within a county established 884
by the board of elections of such county within which all 885
qualified electors having a voting residence therein may vote at 886
the same polling place.887

       (R) "Polling place" means that place provided for each 888
precinct at which the electors having a voting residence in such 889
precinct may vote.890

       (S) "Board" or "board of elections" means the board of 891
elections appointed in a county pursuant to section 3501.06 of the 892
Revised Code.893

       (T) "Political subdivision" means a county, township, city, 894
village, or school district.895

       (U) "Election officer" or "election official" means any of 896
the following:897

       (1) Secretary of state;898

       (2) Employees of the secretary of state serving the division 899
of elections in the capacity of attorney, administrative officer, 900
administrative assistant, elections administrator, office manager, 901
or clerical supervisor;902

       (3) Director of a board of elections;903

       (4) Deputy director of a board of elections;904

       (5) Member of a board of elections;905

       (6) Employees of a board of elections;906

       (7) Precinct polling place judges;907

       (8) Employees appointed by the boards of elections on a 908
temporary or part-time basis.909

       (V) "Acknowledgment notice" means a notice sent by a board of 910
elections, on a form prescribed by the secretary of state, 911
informing a voter registration applicant or an applicant who 912
wishes to change the applicant's residence or name of the status 913
of the application; the information necessary to complete or 914
update the application, if any; and if the application is 915
complete, the precinct in which the applicant is to vote.916

       (W) "Confirmation notice" means a notice sent by a board of 917
elections, on a form prescribed by the secretary of state, to a 918
registered elector to confirm the registered elector's current 919
address.920

       (X) "Designated agency" means an office or agency in the 921
state that provides public assistance or that provides 922
state-funded programs primarily engaged in providing services to 923
persons with disabilities and that is required by the National 924
Voter Registration Act of 1993 to implement a program designed and 925
administered by the secretary of state for registering voters, or 926
any other public or government office or agency that implements a 927
program designed and administered by the secretary of state for 928
registering voters, including the department of job and family 929
services, the program administered under section 3701.132 of the 930
Revised Code by the department of health, the department of mental 931
health, the department of developmental disabilities, the 932
rehabilitation services commission, and any other agency the 933
secretary of state designates. "Designated agency" does not 934
include public high schools and vocational schools, public 935
libraries, or the office of a county treasurer.936

       (Y) "National Voter Registration Act of 1993" means the 937
"National Voter Registration Act of 1993," 107 Stat. 77, 42 938
U.S.C.A. 1973gg.939

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 940
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.941

       (AA) "Photo identification" means a document that meets each 942
of the following requirements:943

        (1) It shows the name of the individual to whom it was 944
issued, which shall conform to the name in the poll list or 945
signature pollbook.946

        (2) It shows the current address of the individual to whom it 947
was issued, which shall conform to the address in the poll list or 948
signature pollbook, except for a driver's license or a state 949
identification card issued under section 4507.50 of the Revised 950
Code, which may show either the current or former address of the 951
individual to whom it was issued, regardless of whether that 952
address conforms to the address in the poll list or signature 953
pollbook.954

        (3) It shows a photograph of the individual to whom it was 955
issued.956

        (4) It includes an expiration date that has not passed.957

        (5) It was issued by the government of the United States or 958
this state.959

       Sec. 3501.02.  General elections in the state and its 960
political subdivisions shall be held as follows:961

       (A) For the election of electors of president and 962
vice-president of the United States, in the year of 1932 and every 963
four years thereafter;964

       (B) For the election of a member of the senate of the United 965
States, in the years 1932 and 1934, and every six years after each 966
of such years; except as otherwise provided for filling vacancies;967

       (C) For the election of representatives in the congress of 968
the United States and of elective state and county officers 969
including elected members of the state board of education, in the 970
even-numbered years; except as otherwise provided for filling 971
vacancies;972

       (D) For municipal and township officers, members of boards of 973
education, judges and clerks of municipal courts, in the 974
odd-numbered years;975

       (E) Proposed constitutional amendments or proposed measures 976
submitted by the general assembly or by initiative or referendum 977
petitions to the voters of the state at large may be submitted to 978
the general election in any year occurring at least sixty days, in 979
case of a referendum, and ninety days, in the case of an initiated 980
measure, subsequent to the filing of the petitions therefor. 981
Proposed constitutional amendments submitted by the general 982
assembly to the voters of the state at large may be submitted at a 983
special election occurring on the day in any year specified by 984
division (E) of section 3501.01 of the Revised Code for the 985
holding of a primary election, when a special election on that 986
date is designated by the general assembly in the resolution 987
adopting the proposed constitutional amendment.988

       No special election shall be held on a day other than the day 989
of a general election, unless a law or charter provides otherwise, 990
regarding the submission of a question or issue to the voters of a 991
county, township, city, village, or school district.992

       (F)(1) Notwithstanding any provision of the Revised Code to 993
the contrary, any question or issue, except a candidacy, to be 994
voted upon at an election shall be certified, for placement upon 995
the ballot, to the board of elections not later than four p.m. of 996
the ninetieth day before the day of the election.997

       (2) Any question or issue that is certified for placement on 998
a ballot on or after the effective date of this amendment shall be 999
certified not later than the ninetieth day before the day of the 1000
applicable election, notwithstanding any deadlines appearing in 1001
any section of the Revised Code governing the placement of that 1002
question or issue on the ballot.1003

       Sec. 3501.05.  The secretary of state shall do all of the 1004
following:1005

       (A) Appoint all members of boards of elections;1006

       (B) Issue instructions by directives and advisories in 1007
accordance with section 3501.053 of the Revised Code to members of 1008
the boards as to the proper methods of conducting elections. 1009

       (C) Prepare rules and instructions for the conduct of 1010
elections;1011

       (D) Publish and furnish to the boards from time to time a 1012
sufficient number of indexed copies of all election laws then in 1013
force;1014

       (E) Edit and issue all pamphlets concerning proposed laws or 1015
amendments required by law to be submitted to the voters;1016

       (F) Prescribe the form of registration cards, blanks, and 1017
records;1018

       (G) Determine and prescribe the forms of ballots and the 1019
forms of all blanks, cards of instructions, pollbooks, tally 1020
sheets, certificates of election, and forms and blanks required by 1021
law for use by candidates, committees, and boards;1022

       (H) Prepare the ballot title or statement to be placed on the 1023
ballot for any proposed law or amendment to the constitution to be 1024
submitted to the voters of the state;1025

       (I) Except as otherwise provided in section 3519.08 of the 1026
Revised Code, certify to the several boards the forms of ballots 1027
and names of candidates for state offices, and the form and 1028
wording of state referendum questions and issues, as they shall 1029
appear on the ballot;1030

       (J) Except as otherwise provided in division (I)(2)(b) of 1031
section 3501.38 of the Revised Code, give final approval to ballot 1032
language for any local question or issue approved and transmitted 1033
by boards of elections under section 3501.11 of the Revised Code;1034

       (K) Receive all initiative and referendum petitions on state 1035
questions and issues and determine and certify to the sufficiency 1036
of those petitions;1037

       (L) Require such reports from the several boards as are 1038
provided by law, or as the secretary of state considers necessary;1039

       (M) Compel the observance by election officers in the several 1040
counties of the requirements of the election laws;1041

       (N)(1) Except as otherwise provided in division (N)(2) of 1042
this section, investigate the administration of election laws, 1043
frauds, and irregularities in elections in any county, and report 1044
violations of election laws to the attorney general or prosecuting 1045
attorney, or both, for prosecution;1046

       (2) On and after August 24, 1995, report a failure to comply 1047
with or a violation of a provision in sections 3517.08 to 3517.13, 1048
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 1049
Revised Code, whenever the secretary of state has or should have 1050
knowledge of a failure to comply with or a violation of a 1051
provision in one of those sections, by filing a complaint with the 1052
Ohio elections commission under section 3517.153 of the Revised 1053
Code;1054

       (O) Make an annual report to the governor containing the 1055
results of elections, the cost of elections in the various 1056
counties, a tabulation of the votes in the several political 1057
subdivisions, and other information and recommendations relative 1058
to elections the secretary of state considers desirable;1059

       (P) Prescribe and distribute to boards of elections a list of 1060
instructions indicating all legal steps necessary to petition 1061
successfully for local option elections under sections 4301.32 to 1062
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;1063

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 1064
for the removal by boards of elections of ineligible voters from 1065
the statewide voter registration database and, if applicable, from 1066
the poll list or signature pollbook used in each precinct, which 1067
rules shall provide for all of the following:1068

       (1) A process for the removal of voters who have changed 1069
residence, which shall be uniform, nondiscriminatory, and in 1070
compliance with the Voting Rights Act of 1965 and the National 1071
Voter Registration Act of 1993, including a program that uses the 1072
national change of address service provided by the United States 1073
postal system through its licensees;1074

        (2) A process for the removal of ineligible voters under 1075
section 3503.21 of the Revised Code;1076

       (3) A uniform system for marking or removing the name of a 1077
voter who is ineligible to vote from the statewide voter 1078
registration database and, if applicable, from the poll list or 1079
signature pollbook used in each precinct and noting the reason for 1080
that mark or removal.1081

       (R) Prescribe a general program for registering voters or 1082
updating voter registration information, such as name and 1083
residence changes, by boards of elections, designated agencies, 1084
offices of deputy registrars of motor vehicles, public high 1085
schools and vocational schools, public libraries, and offices of 1086
county treasurers consistent with the requirements of section 1087
3503.09 of the Revised Code;1088

       (S) Prescribe a program of distribution of voter registration 1089
forms through boards of elections, designated agencies, offices of 1090
the registrar and deputy registrars of motor vehicles, public high 1091
schools and vocational schools, public libraries, and offices of 1092
county treasurers;1093

       (T) To the extent feasible, provide copies, at no cost and 1094
upon request, of the voter registration form in post offices in 1095
this state;1096

       (U) Adopt rules pursuant to section 111.15 of the Revised 1097
Code for the purpose of implementing the program for registering 1098
voters through boards of elections, designated agencies, and the 1099
offices of the registrar and deputy registrars of motor vehicles 1100
consistent with this chapter;1101

       (V) Establish the full-time position of Americans with 1102
Disabilities Act coordinator within the office of the secretary of 1103
state to do all of the following:1104

       (1) Assist the secretary of state with ensuring that there is 1105
equal access to polling places for persons with disabilities;1106

       (2) Assist the secretary of state with ensuring that each 1107
voter may cast the voter's ballot in a manner that provides the 1108
same opportunity for access and participation, including privacy 1109
and independence, as for other voters;1110

       (3) Advise the secretary of state in the development of 1111
standards for the certification of voting machines, marking 1112
devices, and automatic tabulating equipment.1113

       (W) Establish and maintain a computerized statewide database 1114
of all legally registered voters under section 3503.15 of the 1115
Revised Code that complies with the requirements of the "Help 1116
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 1117
and provide training in the operation of that system;1118

       (X) Ensure that all directives, advisories, other 1119
instructions, or decisions issued or made during or as a result of 1120
any conference or teleconference call with a board of elections to 1121
discuss the proper methods and procedures for conducting 1122
elections, to answer questions regarding elections, or to discuss 1123
the interpretation of directives, advisories, or other 1124
instructions issued by the secretary of state are posted on a web 1125
site of the office of the secretary of state as soon as is 1126
practicable after the completion of the conference or 1127
teleconference call, but not later than the close of business on 1128
the same day as the conference or teleconference call takes place.1129

       (Y) Publish a report on a web site of the office of the 1130
secretary of state not later than one month after the completion 1131
of the canvass of the election returns for each primary and 1132
general election, identifying, by county, the number of absent 1133
voter's ballots cast and the number of those ballots that were 1134
counted, and the number of provisional ballots cast and the number 1135
of those ballots that were counted, for that election. The 1136
secretary of state shall maintain the information on the web site 1137
in an archive format for each subsequent election.1138

       (Z) Conduct voter education outlining voter identification, 1139
absent voters ballot, provisional ballot, and other voting 1140
requirements;1141

       (AA) Establish a procedure by which a registered elector may 1142
make available to a board of elections a more recent signature to 1143
be used in the poll list or signature pollbook produced by the 1144
board of elections of the county in which the elector resides;1145

       (BB) Disseminate information, which may include all or part 1146
of the official explanations and arguments, by means of direct 1147
mail or other written publication, broadcast, or other means or 1148
combination of means, as directed by the Ohio ballot board under 1149
division (F) of section 3505.062 of the Revised Code, in order to 1150
inform the voters as fully as possible concerning each proposed 1151
constitutional amendment, proposed law, or referendum;1152

       (CC) Be the single state office responsible for the 1153
implementation of the "Uniformed and Overseas Citizens Absentee 1154
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 1155
et seq., as amended, in this state. The secretary of state may 1156
delegate to the boards of elections responsibilities for the 1157
implementation of that act, including responsibilities arising 1158
from amendments to that act made by the "Military and Overseas 1159
Voter Empowerment Act," Subtitle H of the National Defense 1160
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 1161
Stat. 3190.1162

       (DD) Perform other duties required by law.1163

       Whenever a primary election is held under section 3513.32 of 1164
the Revised Code or a special election is held under section 1165
3521.03 of the Revised Code to fill a vacancy in the office of 1166
representative to congress, the secretary of state shall establish 1167
a deadline, notwithstanding any other deadline required under the 1168
Revised Code, by which any or all of the following shall occur: 1169
the filing of a declaration of candidacy and petitions or a 1170
statement of candidacy and nominating petition together with the 1171
applicable filing fee; the filing of protests against the 1172
candidacy of any person filing a declaration of candidacy or 1173
nominating petition; the filing of a declaration of intent to be a 1174
write-in candidate; the filing of campaign finance reports; the 1175
preparation of, and the making of corrections or challenges to, 1176
precinct voter registration lists; the receipt of applications for 1177
absent voter's ballots or armed service absent voter's ballots; 1178
the supplying of election materials to precincts by boards of 1179
elections; the holding of hearings by boards of elections to 1180
consider challenges to the right of a person to appear on a voter 1181
registration list; and the scheduling of programs to instruct or 1182
reinstruct election officers.1183

       In the performance of the secretary of state's duties as the 1184
chief election officer, the secretary of state may administer 1185
oaths, issue subpoenas, summon witnesses, compel the production of 1186
books, papers, records, and other evidence, and fix the time and 1187
place for hearing any matters relating to the administration and 1188
enforcement of the election laws.1189

       In any controversy involving or arising out of the adoption 1190
of registration or the appropriation of funds for registration, 1191
the secretary of state may, through the attorney general, bring an 1192
action in the name of the state in the court of common pleas of 1193
the county where the cause of action arose or in an adjoining 1194
county, to adjudicate the question.1195

       In any action involving the laws in Title XXXV of the Revised 1196
Code wherein the interpretation of those laws is in issue in such 1197
a manner that the result of the action will affect the lawful 1198
duties of the secretary of state or of any board of elections, the 1199
secretary of state may, on the secretary of state's motion, be 1200
made a party.1201

       The secretary of state may apply to any court that is hearing 1202
a case in which the secretary of state is a party, for a change of 1203
venue as a substantive right, and the change of venue shall be 1204
allowed, and the case removed to the court of common pleas of an 1205
adjoining county named in the application or, if there are cases 1206
pending in more than one jurisdiction that involve the same or 1207
similar issues, the court of common pleas of Franklin county.1208

       Public high schools and vocational schools, public libraries, 1209
and the office of a county treasurer shall implement voter 1210
registration programs as directed by the secretary of state 1211
pursuant to this section.1212

       Sec. 3501.051.  (A) Notwithstanding any other section of the 1213
Revised Code, the secretary of state may authorize, in one or more 1214
precincts in one or more counties, a program allowing individuals 1215
under the age of eighteen to enter the polling place and vote in a 1216
simulated election held at the same time as a general election. 1217
Any individual working in or supervising at a simulated election 1218
may enter the polling place and remain within it during the entire 1219
period the polls are open.1220

       (B) A program established under division (A) of this section 1221
shall require all of the following:1222

       (1) That the duties imposed on judges of election and peace 1223
officers under section 3501.33 of the Revised Code be performed by 1224
those judges and officers in regard to simulated elections and all 1225
activities related to simulated elections;1226

       (2) That volunteers provide the personnel necessary to 1227
conduct the simulated election, except that employees of the 1228
secretary of state, employees or members of boards of elections, 1229
and precinct election officials may aid in operating the program 1230
to the extent permitted by the secretary of state;1231

       (3) That individuals under the age of fourteen be accompanied 1232
to the simulated election by an individual eighteen years of age 1233
or over;1234

       (4) Any other requirements the secretary of state considers 1235
necessary for the orderly administration of the election process.1236

       Sec. 3501.053. (A) The secretary of state may issue 1237
instructions as to the proper method of conducting elections to 1238
members of the boards of elections by permanent or temporary 1239
directives.1240

        (1) The secretary of state shall establish a process to allow 1241
public review and public comment of proposed directives. Prior to 1242
issuing any permanent directive, the secretary of state shall 1243
provide reasonable notice of the issuance of the directive and 1244
allow a reasonable amount of time for public review and public 1245
comment of the proposed directive under this division.1246

        No permanent directive shall be issued during the period 1247
beginning ninety days prior to the day of an election and ending 1248
on the fortieth day following the day of that election.1249

        (2) Temporary directives shall only be issued, and shall only 1250
have effect, during the period beginning ninety days prior to the 1251
day of an election and ending on the fortieth day following the 1252
day of that election. Temporary directives shall not be subject to 1253
public review and public comment under division (A)(1) of this 1254
section.1255

       A temporary directive shall not become a permanent directive 1256
unless the temporary directive is proposed as a permanent 1257
directive and subject to public review and public comment under 1258
division (A)(1) of this section.1259

        If the situation prompting the establishment of a temporary 1260
directive appears likely to recur, the secretary of state shall 1261
establish a permanent directive addressing the situation.1262

        (B) In addition to any other publication of directives and 1263
advisories issued by the secretary of state, the secretary of 1264
state shall publish those directives and advisories on a web site 1265
of the office of the secretary of state as soon as is practicable 1266
after they are issued, but not later than the close of business on 1267
the same day as a directive or advisory is issued. The secretary 1268
of state shall not remove from the web site any directives and 1269
advisories so posted. The secretary of state shall provide on that 1270
web site access to all directives and advisories currently in 1271
effect and maintain an archive of all directives and advisories 1272
previously published on that web site.1273

       Sec. 3501.10.  (A) The board of elections shall, as an 1274
expense of the board, provide suitable rooms for its offices and 1275
records and the necessary and proper furniture and supplies for 1276
those rooms. The board may lease such offices and rooms, necessary 1277
to its operation, for the length of time and upon the terms the 1278
board deems in the best interests of the public, provided that the 1279
term of any such lease shall not exceed fifteen years.1280

       Thirty days prior to entering into such a lease, the board 1281
shall notify the board of county commissioners in writing of its 1282
intent to enter into the lease. The notice shall specify the terms 1283
and conditions of the lease. Prior to the thirtieth day after 1284
receiving that notice and before any lease is entered into, the 1285
board of county commissioners may reject the proposed lease by a 1286
majority vote. After receiving written notification of the 1287
rejection by the board of county commissioners, the board of 1288
elections shall not enter into the lease that was rejected, but 1289
may immediately enter into additional lease negotiations, subject 1290
to the requirements of this section.1291

       The board of elections in any county may, by resolution, 1292
request that the board of county commissioners submit to the 1293
electors of the county, in accordance with section 133.18 of the 1294
Revised Code, the question of issuing bonds for the acquisition of 1295
real estate and the construction on it of a suitable building with 1296
necessary furniture and equipment for the proper administration of 1297
the duties of the board of elections. The resolution declaring the 1298
necessity for issuing such bonds shall relate only to the 1299
acquisition of real estate and to the construction, furnishing, 1300
and equipping of a building as provided in this division.1301

       (B) The board of elections in each county shall keep its 1302
offices, or one or more of its branch registration offices, open 1303
for the performance of its duties until nine p.m. on the last day 1304
of registration before a general or primary election. At all other 1305
times during each week, the board shall keep its offices and rooms 1306
open for a period of time that the board considers necessary for 1307
the performance of its duties.1308

       (C) The board of elections may maintain permanent or 1309
temporary branch offices at any place within the county, provided 1310
that, if the board of elections permits electors to vote at a 1311
branch office, electors shall not be permitted to vote at any 1312
other branch office or any other office of the board of elections.1313

       Sec. 3501.11.  Each board of elections shall exercise by a 1314
majority vote all powers granted to the board by Title XXXV of the 1315
Revised Code, shall perform all the duties imposed by law, and 1316
shall do all of the following:1317

       (A) Establish, define, provide, rearrange, and combine 1318
election precincts;1319

       (B) Fix and provide the places for registration and for 1320
holding primaries and elections;1321

       (C) Provide for the purchase, preservation, and maintenance 1322
of booths, ballot boxes, books, maps, flags, blanks, cards of 1323
instructions, and other forms, papers, and equipment used in 1324
registration, nominations, and elections;1325

       (D) Appoint and remove its director, deputy director, and 1326
employees and all registrars, judges, and other officers of 1327
elections, fill vacancies, and designate the ward or district and 1328
precinct in which each shall serve;1329

       (E) Make and issue rules and instructions, not inconsistent 1330
with law or the rules, directives, or advisories issued by the 1331
secretary of state, as it considers necessary for the guidance of 1332
election officers and voters;1333

       (F) Advertise and contract for the printing of all ballots 1334
and other supplies used in registrations and elections;1335

       (G) Provide for the issuance of all notices, advertisements, 1336
and publications concerning elections, except as otherwise 1337
provided in division (G) of section 3501.17 and divisions (F) and 1338
(G) of section 3505.062 of the Revised Code;1339

       (H) Provide for the delivery of ballots, pollbooks, and other 1340
required papers and material to the polling places;1341

       (I) Cause the polling places to be suitably provided with 1342
voting machines, marking devices, automatic tabulating equipment, 1343
stalls, and other required supplies. In fulfilling this duty, each 1344
board of a county that uses voting machines, marking devices, or 1345
automatic tabulating equipment shall conduct a full vote of the 1346
board during a public session of the board on the allocation and 1347
distribution of voting machines, marking devices, and automatic 1348
tabulating equipment for each precinct in the county.1349

       (J) Investigate irregularities, nonperformance of duties, or 1350
violations of Title XXXV of the Revised Code by election officers 1351
and other persons; administer oaths, issue subpoenas, summon 1352
witnesses, and compel the production of books, papers, records, 1353
and other evidence in connection with any such investigation; and 1354
report the facts to the prosecuting attorney or the secretary of 1355
state;1356

       (K) Review, examine, and certify the sufficiency and validity 1357
of petitions and nomination papers, and, after certification, 1358
return to the secretary of state all petitions and nomination 1359
papers that the secretary of state forwarded to the board;1360

       (L) Receive the returns of elections, canvass the returns, 1361
make abstracts of them, and transmit those abstracts to the proper 1362
authorities;1363

       (M) Issue certificates of election on forms to be prescribed 1364
by the secretary of state;1365

       (N) Make an annual report to the secretary of state, on the 1366
form prescribed by the secretary of state, containing a statement 1367
of the number of voters registered, elections held, votes cast, 1368
appropriations received, expenditures made, and other data 1369
required by the secretary of state;1370

       (O) Prepare and submit to the proper appropriating officer a 1371
budget estimating the cost of elections for the ensuing fiscal 1372
year;1373

       (P) Perform other duties as prescribed by law or the rules, 1374
directives, or advisories of the secretary of state;1375

       (Q) Investigate and determine the residence qualifications of 1376
electors;1377

       (R) Administer oaths in matters pertaining to the 1378
administration of the election laws;1379

       (S) Prepare and submit to the secretary of state, whenever 1380
the secretary of state requires, a report containing the names and 1381
residence addresses of all incumbent county, municipal, township, 1382
and board of education officials serving in their respective 1383
counties;1384

       (T) Establish and maintain a voter registration database of 1385
all qualified electors in the county who offer to register;1386

       (U) Maintain voter registration records, make reports 1387
concerning voter registration as required by the secretary of 1388
state, and remove ineligible electors from voter registration 1389
lists in accordance with law and directives of the secretary of 1390
state;1391

       (V) Give approval to ballot language for any local question 1392
or issue and transmit the language to the secretary of state for 1393
the secretary of state's final approval;1394

       (W) Prepare and cause the following notice to be displayed in 1395
a prominent location in every polling place:1396

"NOTICE
1397

       Ohio law prohibits any person from voting or attempting to 1398
vote more than once at the same election.1399

       Violators are guilty of a felony of the fourth degree and 1400
shall be imprisoned and additionally may be fined in accordance 1401
with law."1402

       (X) In all cases of a tie vote or a disagreement in the 1403
board, if no decision can be arrived at, the director or 1404
chairperson shall submit the matter in controversy, not later than 1405
fourteen days after the tie vote or the disagreement, to the 1406
secretary of state, who shall summarily decide the question, and 1407
the secretary of state's decision shall be final.1408

       (Y) Assist each designated agency, deputy registrar of motor 1409
vehicles, public high school and vocational school, public 1410
library, and office of a county treasurer in the implementation of 1411
a program for registering voters at all voter registration 1412
locations as prescribed by the secretary of state. Under this 1413
program, each board of elections shall direct to the appropriate 1414
board of elections any voter registration applications for persons 1415
residing outside the county where the board is located within five 1416
days after receiving the applications.1417

       (Z) On any day on which an elector may vote in person at the 1418
office of the board or at another site designated by the board, 1419
consider the board or other designated site a polling place for 1420
that day. All requirements or prohibitions of law that apply to a 1421
polling place shall apply to the office of the board or other 1422
designated site on that day.1423

       (AA) Perform any duties with respect to voter registration 1424
and voting by uniformed services and overseas voters that are 1425
delegated to the board by law or by the rules, directives, or 1426
advisories of the secretary of state.1427

       Sec. 3501.13.  (A) The director of the board of elections 1428
shall keep a full and true record of the proceedings of the board 1429
and of all moneys received and expended; file and preserve in the 1430
board's office all orders and records pertaining to the 1431
administration of registrations, primaries, and elections; receive 1432
and have the custody of all books, papers, and property belonging 1433
to the board; and perform other duties in connection with the 1434
office of director and the proper conduct of elections as the 1435
board determines.1436

       (B) Before entering upon the duties of the office, the 1437
director shall subscribe to an oath that the director will support 1438
the Constitution of the United States and the Ohio Constitution, 1439
perform all the duties of the office to the best of the director's 1440
ability, enforce the election laws, and preserve all records, 1441
documents, and other property pertaining to the conduct of 1442
elections placed in the director's custody.1443

       (C) The director may administer oaths to persons required by 1444
law to file certificates or other papers with the board, to judges 1445
of elections, to witnesses who are called to testify before the 1446
board, and to voters filling out blanks at the board's offices. 1447
Except as otherwise provided by state or federal law, the records 1448
of the board and papers and books filed in its office are public 1449
records and open to inspection under such reasonable regulations 1450
as shall be established by the board. The following notice shall 1451
be posted in a prominent place at each board office:1452

       "Except as otherwise provided by state or federal law, 1453
records filed in this office of the board of elections are open to 1454
public inspection during normal office hours, pursuant to the 1455
following reasonable regulations: (the board shall here list its 1456
regulations). Whoever prohibits any person from inspecting the 1457
public records of this board is subject to the penalties of 1458
section 3599.161 of the Revised Code."1459

       (D) Upon receipt of a written declaration of intent to retire 1460
as provided for in section 145.38 of the Revised Code, the 1461
director shall provide a copy to each member of the board of 1462
elections.1463

       Sec. 3501.14.  The board of elections shall, by a vote of not 1464
less than three of its members, fix the annual compensation of its 1465
director and deputy director who are selected in accordance with 1466
section 3501.09 of the Revised Code.1467

       The board may, when necessary, appoint a deputy director, who 1468
shall not be a member of the same political party of which the 1469
director is a member, and other employees, prescribe their duties, 1470
and, by a vote of not less than three of its members, fix their 1471
compensation.1472

       The director, deputy director, and other employees of the 1473
board are not public officers and shall serve, during their term 1474
of office, at the discretion of the board. The board may summarily 1475
remove the director or the deputy director by a vote of not less 1476
than three of its members and may remove any other employee by a 1477
majority vote of its membership.1478

       The deputy director and all other election officials shall 1479
take and subscribe to the same oath for the faithful performance 1480
of their duties as is required of the director of the board. The 1481
deputy director shall have the same power as the director to 1482
administer oaths. The board may also employ additional employees, 1483
when necessary, for part time only at the prevailing rate of pay 1484
for such services.1485

       A tie vote or disagreement in the board on the amount of 1486
compensation to be paid to a director, deputy director, or any 1487
employee shall not be submitted to the secretary of state.1488

       Sec. 3501.17.  (A) The expenses of the board of elections 1489
shall be paid from the county treasury, in pursuance of 1490
appropriations by the board of county commissioners, in the same 1491
manner as other county expenses are paid. If the board of county 1492
commissioners fails to appropriate an amount sufficient to provide 1493
for the necessary and proper expenses of the board of elections 1494
pertaining to the conduct of elections, the board of elections may 1495
apply to the court of common pleas within the county, which shall 1496
fix the amount necessary to be appropriated and the amount shall 1497
be appropriated. Payments shall be made upon vouchers of the board 1498
of elections certified to by its chairperson or acting chairperson 1499
and the director or deputy director, upon warrants of the county 1500
auditor.1501

       The board of elections shall not incur any obligation 1502
involving the expenditure of money unless there are moneys 1503
sufficient in the funds appropriated therefor to meet the 1504
obligation. If the board of elections requests a transfer of funds 1505
from one of its appropriation items to another, the board of 1506
county commissioners shall adopt a resolution providing for the 1507
transfer except as otherwise provided in section 5705.40 of the 1508
Revised Code. The expenses of the board of elections shall be 1509
apportioned among the county and the various subdivisions as 1510
provided in this section, and the amount chargeable to each 1511
subdivision shall be withheld by the county auditor from the 1512
moneys payable thereto at the time of the next tax settlement. At 1513
the time of submitting budget estimates in each year, the board of 1514
elections shall submit to the taxing authority of each 1515
subdivision, upon the request of the subdivision, an estimate of 1516
the amount to be withheld from the subdivision during the next 1517
fiscal year.1518

       A board of township trustees may, by resolution, request that 1519
the county auditor withhold expenses charged to the township from 1520
a specified township fund that is to be credited with revenue at a 1521
tax settlement. The resolution shall specify the tax levy ballot 1522
issue, the date of the election on the levy issue, and the 1523
township fund from which the expenses the board of elections 1524
incurs related to that ballot issue shall be withheld.1525

       (B) Except as otherwise provided in division (F) of this 1526
section, the compensation of the members of the board of elections 1527
and of the director, deputy director, and regular employees in the 1528
board's offices, other than compensation for overtime worked; the 1529
expenditures for the rental, furnishing, and equipping of the 1530
office of the board and for the necessary office supplies for the 1531
use of the board; the expenditures for the acquisition, repair, 1532
care, and custody of the polling places, booths, guardrails, and 1533
other equipment for polling places; the cost of tally sheets, 1534
maps, flags, ballot boxes, and all other permanent records and 1535
equipment; the cost of all elections held in and for the state and 1536
county; and all other expenses of the board which are not 1537
chargeable to a political subdivision in accordance with this 1538
section shall be paid in the same manner as other county expenses 1539
are paid.1540

       (C) The compensation of judges of elections and intermittent 1541
employees in the board's offices; the cost of renting, moving, 1542
heating, and lighting polling places and of placing and removing 1543
ballot boxes and other fixtures and equipment thereof, including 1544
voting machines, marking devices, and automatic tabulating 1545
equipment; the cost of printing and delivering ballots, cards of 1546
instructions, registration lists required under section 3503.23 of 1547
the Revised Code, and other election supplies, including the 1548
supplies required to comply with division (H) of section 3506.01 1549
of the Revised Code; the cost of contractors engaged by the board 1550
to prepare, program, test, and operate voting machines, marking 1551
devices, and automatic tabulating equipment; and all other 1552
expenses of conducting primaries and elections in the odd-numbered 1553
years shall be charged to the subdivisions in and for which such 1554
primaries or elections are held. The charge for each primary or 1555
general election in odd-numbered years for each subdivision shall 1556
be determined in the following manner: first, the total cost of 1557
all chargeable items used in conducting such elections shall be 1558
ascertained; second, the total charge shall be divided by the 1559
number of precincts participating in such election, in order to 1560
fix the cost per precinct; third, the cost per precinct shall be 1561
prorated by the board of elections to the subdivisions conducting 1562
elections for the nomination or election of offices in such 1563
precinct; fourth, the total cost for each subdivision shall be 1564
determined by adding the charges prorated to it in each precinct 1565
within the subdivision.1566

       (D) The entire cost of special elections held on a day other 1567
than the day of a primary or general election, both in 1568
odd-numbered or in even-numbered years, shall be charged to the 1569
subdivision. Where a special election is held on the same day as a 1570
primary or general election in an even-numbered year, the 1571
subdivision submitting the special election shall be charged only 1572
for the cost of ballots and advertising. Where a special election 1573
is held on the same day as a primary or general election in an 1574
odd-numbered year, the subdivision submitting the special election 1575
shall be charged for the cost of ballots and advertising for such 1576
special election, in addition to the charges prorated to such 1577
subdivision for the election or nomination of candidates in each 1578
precinct within the subdivision, as set forth in the preceding 1579
paragraph.1580

       (E) Where a special election is held on the day specified by 1581
division (E) of section 3501.01 of the Revised Code for the 1582
holding of a primary election, for the purpose of submitting to 1583
the voters of the state constitutional amendments proposed by the 1584
general assembly, and a subdivision conducts a special election on 1585
the same day, the entire cost of the special election shall be 1586
divided proportionally between the state and the subdivision based 1587
upon a ratio determined by the number of issues placed on the 1588
ballot by each, except as otherwise provided in division (G) of 1589
this section. Such proportional division of cost shall be made 1590
only to the extent funds are available for such purpose from 1591
amounts appropriated by the general assembly to the secretary of 1592
state. If a primary election is also being conducted in the 1593
subdivision, the costs shall be apportioned as otherwise provided 1594
in this section.1595

       (F) When a precinct is open during a general, primary, or 1596
special election solely for the purpose of submitting to the 1597
voters a statewide ballot issue, the state shall bear the entire 1598
cost of the election in that precinct and shall reimburse the 1599
county for all expenses incurred in opening the precinct.1600

       (G)(1) The state shall bear the entire cost of advertising in 1601
newspapers statewide ballot issues, explanations of those issues, 1602
and arguments for or against those issues, as required by Section 1603
1g of Article II and Section 1 of Article XVI, Ohio Constitution, 1604
and any other section of law. Appropriations made to the 1605
controlling board shall be used to reimburse the secretary of 1606
state for all expenses the secretary of state incurs for such 1607
advertising under division (G) of section 3505.062 of the Revised 1608
Code.1609

       (2) There is hereby created in the state treasury the 1610
statewide ballot advertising fund. The fund shall receive 1611
transfers approved by the controlling board, and shall be used by 1612
the secretary of state to pay the costs of advertising state 1613
ballot issues as required under division (G)(1) of this section. 1614
Any such transfers may be requested from and approved by the 1615
controlling board prior to placing the advertising, in order to 1616
facilitate timely provision of the required advertising.1617

       (H) The cost of renting, heating, and lighting registration 1618
places; the cost of the necessary books, forms, and supplies for 1619
the conduct of registration; and the cost of printing and posting 1620
precinct registration lists shall be charged to the subdivision in 1621
which such registration is held.1622

       (I) At the request of a majority of the members of the board 1623
of elections, the board of county commissioners may, by 1624
resolution, establish an elections revenue fund. Except as 1625
otherwise provided in this division, the purpose of the fund shall 1626
be to accumulate revenue withheld by or paid to the county under 1627
this section for the payment of any expense related to the duties 1628
of the board of elections specified in section 3501.11 of the 1629
Revised Code, upon approval of a majority of the members of the 1630
board of elections. The fund shall not accumulate any revenue 1631
withheld by or paid to the county under this section for the 1632
compensation of the members of the board of elections or of the 1633
director, deputy director, or other regular employees in the 1634
board's offices, other than compensation for overtime worked.1635

        Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the 1636
Revised Code, the board of county commissioners may, by 1637
resolution, transfer money to the elections revenue fund from any 1638
other fund of the political subdivision from which such payments 1639
lawfully may be made. Following an affirmative vote of a majority 1640
of the members of the board of elections, the board of county 1641
commissioners may, by resolution, rescind an elections revenue 1642
fund established under this division. If an elections revenue fund 1643
is rescinded, money that has accumulated in the fund shall be 1644
transferred to the county general fund.1645

        (J) As used in this section:1646

       (1) "Political subdivision" and "subdivision" mean any board 1647
of county commissioners, board of township trustees, legislative 1648
authority of a municipal corporation, board of education, or any 1649
other board, commission, district, or authority that is empowered 1650
to levy taxes or permitted to receive the proceeds of a tax levy, 1651
regardless of whether the entity receives tax settlement moneys as 1652
described in division (A) of this section;1653

        (2) "Statewide ballot issue" means any ballot issue, whether 1654
proposed by the general assembly or by initiative or referendum, 1655
that is submitted to the voters throughout the state.1656

       Sec. 3501.18.  (A) The board of elections may divide a 1657
political subdivision within its jurisdiction into precincts, 1658
establish, define, divide, rearrange, and combine the several 1659
election precincts within its jurisdiction, and change the 1660
location of the polling place for each precinct when it is 1661
necessary to maintain the requirements as to the number of voters 1662
in a precinct and to provide for the convenience of the voters and 1663
the proper conduct of elections. No change in the number of 1664
precincts or in precinct boundaries shall be made during the 1665
twenty-five days immediately preceding a primary or general 1666
election or between the first day of January and the day on which 1667
the members of county central committees are elected in the years 1668
in which those committees are elected. Except as otherwise 1669
provided in division (C) of this section, each precinct shall 1670
contain a number of electors, not to exceed one thousand four 1671
hundred, that the board of elections determines to be a reasonable 1672
number after taking into consideration the type and amount of 1673
available equipment, prior voter turnout, the size and location of 1674
each selected polling place, available parking, availability of an 1675
adequate number of poll workers, and handicap accessibility and 1676
other accessibility to the polling place.1677

       If the board changes the boundaries of a precinct after the 1678
filing of a local option election petition pursuant to sections 1679
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that 1680
calls for a local option election to be held in that precinct, the 1681
local option election shall be held in the area that constituted 1682
the precinct at the time the local option petition was filed, 1683
regardless of the change in the boundaries.1684

       If the board changes the boundaries of a precinct in order to 1685
meet the requirements of division (B)(1) of this section in a 1686
manner that causes a member of a county central committee to no 1687
longer qualify as a representative of an election precinct in the 1688
county, of a ward of a city in the county, or of a township in the 1689
county, the member shall continue to represent the precinct, ward, 1690
or township for the remainder of the member's term, regardless of 1691
the change in boundaries.1692

       In an emergency, the board may provide more than one polling 1693
place in a precinct. In order to provide for the convenience of 1694
the voters, the board may locate polling places for voting or 1695
registration outside the boundaries of precincts, provided that 1696
the nearest public school or public building shall be used if the 1697
board determines it to be available and suitable for use as a 1698
polling place. Except in an emergency, no change in the number or 1699
location of the polling places in a precinct shall be made during 1700
the twenty-five days immediately preceding a primary or general 1701
election.1702

       Electors who have failed to respond within thirty days to any 1703
confirmation notice shall not be counted in determining the size 1704
of any precinct under this section.1705

       (B)(1) Except as otherwise provided in division (B)(2) of 1706
this section, a board of elections shall determine all precinct 1707
boundaries using geographical units used by the United States 1708
department of commerce, bureau of the census, in reporting the 1709
decennial census of Ohio.1710

        (2) The board of elections may apply to the secretary of 1711
state for a waiver from the requirement of division (B)(1) of this 1712
section when it is not feasible to comply with that requirement 1713
because of unusual physical boundaries or residential development 1714
practices that would cause unusual hardship for voters. The board 1715
shall identify the affected precincts and census units, explain 1716
the reason for the waiver request, and include a map illustrating 1717
where the census units will be split because of the requested 1718
waiver. If the secretary of state approves the waiver and so 1719
notifies the board of elections in writing, the board may change a 1720
precinct boundary as necessary under this section, notwithstanding 1721
the requirement in division (B)(1) of this section.1722

       (C) The board of elections may apply to the secretary of 1723
state for a waiver from the requirement of division (A) of this 1724
section regarding the number of electors in a precinct when the 1725
use of geographical units used by the United States department of 1726
commerce, bureau of the census, will cause a precinct to contain 1727
more than one thousand four hundred electors. The board shall 1728
identify the affected precincts and census units, explain the 1729
reason for the waiver request, and include a map illustrating 1730
where census units will be split because of the requested waiver. 1731
If the secretary of state approves the waiver and so notifies the 1732
board of elections in writing, the board may change a precinct 1733
boundary as necessary to meet the requirements of division (B)(1) 1734
of this section.1735

       Sec. 3501.20.  The lands used for a state or national home 1736
for disabled soldiers shall constitute a separate election 1737
precinct, and, if necessary, may be divided and rearranged within 1738
such limits as other precincts are arranged and divided.1739

       Sec. 3501.22.  (A) On or before the fifteenth day of 1740
September in each year, the board of elections by a majority vote 1741
shall, after careful examination and investigation as to their 1742
qualifications, appoint for each election precinct four residents 1743
of the county in which the precinct is located, as judges. Except 1744
as otherwise provided in division (C) of this section, all judges 1745
of election shall be qualified electors. The judges shall 1746
constitute the election officers of the precinct. Not more than 1747
one-half of the total number of judges shall be members of the 1748
same political party. The term of such precinct officers shall be 1749
for one year. The board may, at any time, designate any number of 1750
election officers, not more than one-half of whom shall be members 1751
of the same political party, to perform their duties at any 1752
precinct in any election. The board may appoint additional 1753
officials, equally divided between the two major political 1754
parties, when necessary to expedite voting.1755

       Vacancies for unexpired terms shall be filled by the board. 1756
When new precincts have been created, the board shall appoint 1757
judges for those precincts for the unexpired term. Any judge may 1758
be summarily removed from office at any time by the board for 1759
neglect of duty, malfeasance, or misconduct in office or for any 1760
other good and sufficient reason.1761

       Precinct election officials shall perform all of the duties 1762
provided by law for receiving the ballots and supplies, opening 1763
and closing the polls, and overseeing the casting of ballots 1764
during the time the polls are open, and any other duties required 1765
by section 3501.26 of the Revised Code.1766

       A board of elections may designate two precinct election 1767
officials as counting officials to count and tally the votes cast 1768
and certify the results of the election at each precinct, and 1769
perform other duties as provided by law. To expedite the counting 1770
of votes at each precinct, the board may appoint additional 1771
officials, not more than one-half of whom shall be members of the 1772
same political party.1773

       The board shall designate one of the precinct election 1774
officials who is a member of the dominant political party to serve 1775
as a presiding judge, whose duty it is to deliver the returns of 1776
the election and all supplies to the office of the board. For 1777
these services, the presiding judge shall receive additional 1778
compensation in an amount, consistent with section 3501.28 of the 1779
Revised Code, determined by the board of elections.1780

       The board shall issue to each precinct election official a 1781
certificate of appointment, which the official shall present to 1782
the presiding judge at the time the polls are opened.1783

       (B) If the board of elections determines that not enough 1784
qualified electors in a precinct are available to serve as 1785
precinct officers, it may appoint persons to serve as precinct 1786
officers at a primary, special, or general election who are at 1787
least seventeen years of age and are registered to vote in 1788
accordance with section 3503.07 of the Revised Code. 1789

       (C)(1) A board of elections, in conjunction with the board of 1790
education of a city, local, or exempted village school district, 1791
the governing authority of a community school established under 1792
Chapter 3314. of the Revised Code, or the chief administrator of a 1793
nonpublic school may establish a program permitting certain high 1794
school students to apply and, if appointed by the board of 1795
elections, to serve as precinct officers at a primary, special, or 1796
general election.1797

       In addition to the requirements established by division 1798
(C)(2) of this section, a board of education, governing authority, 1799
or chief administrator that establishes a program under this 1800
division in conjunction with a board of elections may establish 1801
additional criteria that students shall meet to be eligible to 1802
participate in that program.1803

       (2)(a) To be eligible to participate in a program established 1804
under division (C)(1) of this section, a student shall be a United 1805
States citizen, a resident of the county, at least seventeen years 1806
of age, and enrolled in the senior year of high school.1807

       (b) Any student applying to participate in a program 1808
established under division (C)(1) of this section, as part of the 1809
student's application process, shall declare the student's 1810
political party affiliation with the board of elections.1811

       (3) No student appointed as a precinct officer pursuant to a 1812
program established under division (C)(1) of this section shall be 1813
designated as a presiding judge.1814

       (4) Any student participating in a program established under 1815
division (C)(1) of this section shall be excused for that 1816
student's absence from school on the day of an election at which 1817
the student is serving as a precinct officer.1818

       (D) In any precinct with six or more precinct officers, up to 1819
two students participating in a program established under division 1820
(C)(1) of this section who are under eighteen years of age may 1821
serve as precinct officers. Not more than one precinct officer in 1822
any given precinct with fewer than six precinct officers shall be 1823
under eighteen years of age.1824

       Sec. 3501.26.  When the polls are closed after a primary, 1825
general, or special election, the receiving officials shall, in 1826
the presence of the counting officials and attending observers, 1827
proceed as follows:1828

       (A) Count the number of electors who voted, as shown on the 1829
poll books;1830

       (B) Count the unused ballots without removing stubs;1831

       (C) Count the soiled and defaced ballots;1832

       (D) Insert the totals of divisions (A), (B), and (C) of this 1833
section on the report forms provided therefor in the poll books;1834

       (E) Count the voted ballots. If the number of voted ballots 1835
exceeds the number of voters whose names appear upon the poll 1836
books, the presiding judge shall enter on the poll books an 1837
explanation of that discrepancy, and that explanation, if agreed 1838
to, shall be subscribed to by all of the judges. Any judge having 1839
a different explanation shall enter it in the poll books and 1840
subscribe to it.1841

       (F) Put the unused ballots with stubs attached, and soiled 1842
and defaced ballots with stubs attached, in the envelopes or 1843
containers provided therefor, and certify the number.1844

       The receiving officials shall deliver to and place in the 1845
custody of the counting officials all the supplies provided for 1846
the conduct of that election and the ballots that are to be 1847
counted and tallied, and take a receipt for the same, which 1848
receipt shall appear in and be a part of the poll books of such 1849
precinct. Having performed their duties, the receiving officials 1850
shall immediately depart.1851

       Having receipted for the ballots, the counting officials 1852
shall proceed to count and tally the vote as cast in the manner 1853
prescribed by section 3505.27 of the Revised Code and certify the 1854
result of the election to the board of elections.1855

       Sec. 3501.27.  (A) All judges of election shall complete a 1856
program of instruction pursuant to division (B) of this section. 1857
No person who has been convicted of a felony or any violation of 1858
the election laws, who is unable to read and write the English 1859
language readily, or who is a candidate for an office to be voted 1860
for by the voters of the precinct in which the person is to serve 1861
shall serve as an election officer. A person when appointed as an 1862
election officer shall receive from the board of elections a 1863
certificate of appointment that may be revoked at any time by the 1864
board for good and sufficient reasons. The certificate shall be in 1865
the form the board prescribes and shall specify the precinct, 1866
ward, or district in and for which the person to whom it is issued 1867
is appointed to serve, the date of appointment, and the expiration 1868
of the person's term of service.1869

       (B) Each board shall establish a program as prescribed by the 1870
secretary of state for the instruction of election officers in the 1871
rules, procedures, and law relating to elections. In each program, 1872
the board shall use training materials prepared by the secretary 1873
of state and may use additional materials prepared by or on behalf 1874
of the board. The board may use the services of unpaid volunteers 1875
in conducting its program and may reimburse those volunteers for 1876
necessary and actual expenses incurred in participating in the 1877
program.1878

       The board shall train each new election officer before the 1879
new officer participates in the first election in that capacity. 1880
The board shall instruct election officials who have been trained 1881
previously only when the board or secretary of state considers 1882
that instruction necessary, but the board shall reinstruct such 1883
persons, other than presiding judges, at least once in every three 1884
years and shall reinstruct presiding judges before the primary 1885
election in even-numbered years. The board shall schedule any 1886
program of instruction within sixty days prior to the election in 1887
which the officials to be trained will participate.1888

       (C) The duties of a judge of an election in each polling 1889
place shall be performed only by an individual who has 1890
successfully completed the requirements of the program, unless 1891
such an individual is unavailable after reasonable efforts to 1892
obtain such services.1893

       (D) The secretary of state shall establish a program for the 1894
instruction of members of boards of elections and employees of 1895
boards in the rules, procedures, and law relating to elections. 1896
Each member and employee shall complete the training program 1897
within six months after the member's or employee's original 1898
appointment or employment, and thereafter each member and employee 1899
shall complete a training program to update their knowledge once 1900
every four years or more often as determined by the secretary of 1901
state.1902

       (E) The secretary of state shall reimburse each county for 1903
the cost of programs established pursuant to division (B) of this 1904
section, once the secretary of state has received an itemized 1905
statement of expenses for such instruction programs from the 1906
county. The itemized statement shall be in a form prescribed by 1907
the secretary of state.1908

       Sec. 3501.28.  (A) As used in this section:1909

       (1) "Fair Labor Standards Act" or "Act" means the "Fair Labor 1910
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as 1911
amended.1912

       (2) "Full election day" means the period of time between the 1913
opening of the polls and the completion of the procedures 1914
contained in section 3501.26 of the Revised Code.1915

       (3) "Services" means services at each general, primary, or 1916
special election.1917

       (B) Beginning with calendar year 1998, each judge of an 1918
election in a county shall be paid for the judge's services at the 1919
same hourly rate, which shall be not less than the minimum hourly 1920
rate established by the Fair Labor Standards Act and not more than 1921
eighty-five dollars per diem.1922

       (C) Beginning with calendar year 2004, each judge of an 1923
election in a county shall be paid for the judge's services at the 1924
same hourly rate, which shall be not less than the minimum hourly 1925
rate established by the Fair Labor Standards Act and not more than 1926
ninety-five dollars per diem.1927

       (D) The secretary of state shall establish, by rule adopted 1928
under section 111.15 of the Revised Code, the maximum amount of 1929
per diem compensation that may be paid to judges of an election 1930
under this section each time the Fair Labor Standards Act is 1931
amended to increase the minimum hourly rate established by the 1932
act. Upon learning of such an increase, the secretary of state 1933
shall determine by what percentage the minimum hourly rate has 1934
been increased under the act and establish a new maximum amount of 1935
per diem compensation that judges of an election may be paid under 1936
this section that is increased by the same percentage that the 1937
minimum hourly rate has been increased under the act.1938

       (E)(1)(a) No board of elections shall increase the pay of a 1939
judge of an election under this section during a calendar year 1940
unless the board has given written notice of the proposed increase 1941
to the board of county commissioners not later than the first day 1942
of October of the preceding calendar year.1943

       (b) Except as otherwise provided in division (E)(2) of this 1944
section, a board of elections may increase the pay of a judge of 1945
an election during a calendar year by up to, but not exceeding, 1946
nine per cent over the compensation paid to a judge of an election 1947
in the county where the board is located during the previous 1948
calendar year, if the compensation so paid during the previous 1949
calendar year was eighty-five dollars or less per diem.1950

        (c) Except as otherwise provided in division (E)(2) of this 1951
section, a board of elections may increase the pay of a judge of 1952
an election during a calendar year by up to, but not exceeding, 1953
four and one-half per cent over the compensation paid to a judge 1954
of an election in the county where the board is located during the 1955
previous calendar year, if the compensation so paid during the 1956
previous calendar year was more than eighty-five but less than 1957
ninety-five dollars per diem.1958

       (2) The board of county commissioners may review and comment 1959
upon a proposed increase and may enter into a written agreement 1960
with a board of elections to permit an increase in the 1961
compensation paid to judges of an election for their services 1962
during a calendar year that is greater than the applicable 1963
percentage limitation described in division (E)(1)(b) or (c) of 1964
this section.1965

       (F) No judge of an election who works less than the full 1966
election day shall be paid the maximum amount allowed under this 1967
section or the maximum amount as set by the board of elections, 1968
whichever is less.1969

       (G)(1) Except as otherwise provided in divisions (G)(4) to 1970
(6) of this section, any employee of the state or of any political 1971
subdivision of the state may serve as a judge of elections on the 1972
day of an election without loss of the employee's regular 1973
compensation for that day as follows:1974

       (a) For employees of a county office, department, commission, 1975
board, or other entity, or of a court of common pleas, county 1976
court, or county-operated municipal court, as defined in section 1977
1901.03 of the Revised Code, the employee's appointing authority 1978
may permit leave with pay for this service in accordance with a 1979
resolution setting forth the terms and conditions for that leave 1980
passed by the board of county commissioners.1981

       (b) For all other employees of a political subdivision of the 1982
state, leave with pay for this service shall be subject to the 1983
terms and conditions set forth in an ordinance or a resolution 1984
passed by the legislative authority of the applicable political 1985
subdivision.1986

       (c) For state employees, leave with pay for this service 1987
shall be subject to the terms and conditions set forth by the head 1988
of the state agency, as defined in section 1.60 of the Revised 1989
Code, by which the person is employed.1990

       (2) Any terms and conditions set forth by a board of county 1991
commissioners, legislative authority of a political subdivision, 1992
or head of a state agency under division (G)(1) of this section 1993
shall include a standard procedure for deciding which employees 1994
are permitted to receive leave with pay if multiple employees of 1995
an entity or court described in division (G)(1)(a) of this 1996
section, of an entity of a political subdivision described in 1997
division (G)(1)(b) of this section, or of a state agency as 1998
defined in section 1.60 of the Revised Code apply to serve as a 1999
judge of elections on the day of an election. This procedure shall 2000
be applied uniformly to all similarly situated employees.2001

       (3) Any employee who is eligible for leave with pay under 2002
division (G)(1) of this section shall receive, in addition to the 2003
employee's regular compensation, the compensation paid to the 2004
judge of an election under division (B), (C), or (D) of this 2005
section.2006

       (4) Division (G)(1) of this section does not apply to either 2007
of the following:2008

       (a) Election officials;2009

       (b) Public school teachers.2010

       (5) Nothing in division (G)(1) of this section supersedes or 2011
negates any provision of a collective bargaining agreement in 2012
effect under Chapter 4117. of the Revised Code.2013

       (6) If a board of county commissioners, legislative authority 2014
of a political subdivision, or head of a state agency fails to set 2015
forth any terms and conditions under division (G)(1) of this 2016
section, an employee of an entity or court described in division 2017
(G)(1)(a) of this section, of an entity of a political subdivision 2018
described in division (G)(1)(b) of this section, or of a state 2019
agency as defined in section 1.60 of the Revised Code may use 2020
personal leave, vacation leave, or compensatory time, or take 2021
unpaid leave, to serve as a judge of elections on the day of an 2022
election.2023

       (H) The board of elections may withhold the compensation of 2024
any precinct official for failure to obey the instructions of the 2025
board or to comply with the law relating to the duties of such 2026
precinct judge. Any payment a judge of an election is entitled to 2027
receive under section 3501.36 of the Revised Code is in addition 2028
to the compensation the judge is entitled to receive under this 2029
section.2030

       Sec. 3501.29.  (A) The board of elections shall provide for 2031
each precinct a polling place and provide adequate facilities at 2032
each polling place for conducting the election. The board shall 2033
provide a sufficient number of screened or curtained voting 2034
compartments to which electors may retire and conveniently mark 2035
their ballots, protected from the observation of others. Each 2036
voting compartment shall be provided at all times with writing 2037
implements, instructions how to vote, and other necessary 2038
conveniences for marking the ballot. The presiding judge shall 2039
ensure that the voting compartments at all times are adequately 2040
lighted and contain the necessary supplies. The board shall 2041
utilize, in so far as practicable, rooms in public schools and 2042
other public buildings for polling places. Upon application of the 2043
board of elections, the authority which has the control of any 2044
building or grounds supported by taxation under the laws of this 2045
state, shall make available the necessary space therein for the 2046
purpose of holding elections and adequate space for the storage of 2047
voting machines, without charge for the use thereof. A reasonable 2048
sum may be paid for necessary janitorial service. When polling 2049
places are established in private buildings, the board may pay a 2050
reasonable rental therefor, and also the cost of liability 2051
insurance covering the premises when used for election purposes, 2052
or the board may purchase a single liability policy covering the 2053
board and the owners of the premises when used for election 2054
purposes. When removable buildings are supplied by the board, they 2055
shall be constructed under the contract let to the lowest and best 2056
bidder, and the board shall observe all ordinances and regulations 2057
then in force as to safety. The board shall remove all such 2058
buildings from streets and other public places within thirty days 2059
after an election, unless another election is to be held within 2060
ninety days.2061

       (B)(1) Except as otherwise provided in this section, the 2062
board shall ensure all of the following:2063

       (a) That polling places are free of barriers that would 2064
impede ingress and egress of handicapped persons;2065

       (b) That the minimum number of special parking locations, 2066
also known as handicapped parking spaces or disability parking 2067
spaces, for handicapped persons are designated at each polling 2068
place in accordance with 28 C.F.R. Part 36, Appendix A, and in 2069
compliance with division (E) of section 4511.69 of the Revised 2070
Code.2071

        (c) That the entrances of polling places are level or are 2072
provided with a nonskid ramp of not over eight per cent gradient;2073

       (d) That doors are a minimum of thirty-two inches wide.2074

       (2) Notwithstanding division (B)(1)(a), (c), or (d) of this 2075
section, certain polling places may be specifically exempted by 2076
the secretary of state upon certification by a board of elections 2077
that a good faith, but unsuccessful, effort has been made to 2078
modify, or change the location of, such polling places.2079

       (C) At any polling place that is exempted from compliance by 2080
the secretary of state, the board of elections shall permit any 2081
handicapped elector who travels to that elector's polling place, 2082
but who is unable to enter the polling place, to vote, with the 2083
assistance of two polling place officials of major political 2084
parties, in the vehicle that conveyed that elector to the polling 2085
place, or to receive and cast that elector's ballot at the door of 2086
the polling place.2087

       (D) The secretary of state shall:2088

       (1) Work with other state agencies to facilitate the 2089
distribution of information and technical assistance to boards of 2090
elections to meet the requirements of division (B) of this 2091
section;2092

       (2) Work with organizations that represent or provide 2093
services to handicapped, disabled, or elderly citizens to effect a 2094
wide dissemination of information about the availability of 2095
absentee voting, voting in the voter's vehicle or at the door of 2096
the polling place, or other election services to handicapped, 2097
disabled, or elderly citizens.2098

       (E) Before the day of an election, the director of the board 2099
of elections of each county shall sign a statement verifying that 2100
each polling place that will be used in that county at that 2101
election meets the requirements of division (B)(1)(b) of this 2102
section. The signed statement shall be sent to the secretary of 2103
state by certified mail.2104

       (F) As used in this section, "handicapped" means having lost 2105
the use of one or both legs, one or both arms, or any combination 2106
thereof, or being blind or so severely disabled as to be unable to 2107
move about without the aid of crutches or a wheelchair.2108

       Sec. 3501.30. (A) The board of elections shall provide for 2109
each polling place the necessary ballot boxes, official ballots, 2110
cards of instructions, registration forms, pollbooks or poll 2111
lists, tally sheets, forms on which to make summary statements, 2112
writing implements, paper, and all other supplies necessary for 2113
casting and counting the ballots and recording the results of the 2114
voting at the polling place. The pollbooks or poll lists shall 2115
have certificates appropriately printed on them for the signatures 2116
of all the precinct officials, by which they shall certify that, 2117
to the best of their knowledge and belief, the pollbooks or poll 2118
lists correctly show the names of all electors who voted in the 2119
polling place at the election indicated in the pollbooks or poll 2120
lists.2121

        All of the following shall be included among the supplies 2122
provided to each polling place:2123

       (1) A large map of each appropriate precinct, which shall be 2124
displayed prominently to assist persons who desire to register or 2125
vote on election day. Each map shall show all streets within the 2126
precinct and contain identifying symbols of the precinct in bold 2127
print.2128

        (2) Any materials, postings, or instructions required to 2129
comply with state or federal laws;2130

       (3) A flag of the United States approximately two and 2131
one-half feet in length along the top, which shall be displayed 2132
outside the entrance to the polling place during the time it is 2133
open for voting;2134

       (4) Two or more small flags of the United States 2135
approximately fifteen inches in length along the top, which shall 2136
be placed at a distance of one hundred feet from the polling place 2137
on the thoroughfares or walkways leading to the polling place, to 2138
mark the distance within which persons other than election 2139
officials, observers, police officers, and electors waiting to 2140
mark, marking, or casting their ballots shall not loiter, 2141
congregate, or engage in any kind of election campaigning. Where 2142
small flags cannot reasonably be placed one hundred feet from the 2143
polling place, the presiding election judge shall place the flags 2144
as near to one hundred feet from the entrance to the polling place 2145
as is physically possible. Police officers and all election 2146
officials shall see that this prohibition against loitering and 2147
congregating is enforced.2148

       When the period of time during which the polling place is 2149
open for voting expires, all of the flags described in this 2150
division shall be taken into the polling place and shall be 2151
returned to the board together with all other election supplies 2152
required to be delivered to the board.2153

       (B) The board of elections shall follow the instructions and 2154
advisories of the secretary of state in the production and use of 2155
polling place supplies.2156

       Sec. 3501.301.  A contract involving a cost in excess of ten 2157
thousand dollars for printing and furnishing the supplies, other 2158
than the official ballots, required in section 3501.30 of the 2159
Revised Code, shall not be let until the board of elections has 2160
caused notice to be published once in a newspaper of general 2161
circulation within the county or upon notice given by mail, 2162
addressed to the responsible suppliers within the state. The board 2163
of elections may require that each bid be accompanied by a bond, 2164
with at least two individual sureties, or a surety company, 2165
satisfactory to the board, in a sum double the amount of the bid, 2166
conditioned upon the faithful performance of the contract awarded 2167
and for the payment as damages by such bidder to the board of any 2168
excess of cost over the bid which it may be required to pay for 2169
such work by reason of the failure of the bidder to complete the 2170
contract. The contract shall be let to the lowest and best bidder.2171

       Sec. 3501.31.  The board of elections shall mail to each 2172
precinct election official notice of the date, hours, and place of 2173
holding each election in the official's respective precinct at 2174
which it desires the official to serve. Each of such officials 2175
shall notify the board immediately upon receipt of such notice of 2176
any inability to serve.2177

       The election official designated as presiding judge under 2178
section 3501.22 of the Revised Code shall call at the office of 2179
the board at such time before the day of the election, not earlier 2180
than the tenth day before the day of the election, as the board 2181
designates to obtain the ballots, pollbooks, registration forms 2182
and lists, and other material to be used in the official's polling 2183
place on election day.2184

       The board may also provide for the delivery of such materials 2185
to polling places in a municipal corporation by members of the 2186
police department of such municipal corporation; or the board may 2187
provide for the delivery of such materials to the presiding judge 2188
not earlier than the tenth day before the election, in any manner 2189
it finds to be advisable.2190

       On election day the precinct election officials shall 2191
punctually attend the polling place one-half hour before the time 2192
fixed for opening the polls. Each of the precinct election 2193
officials shall thereupon make and subscribe to a statement which 2194
shall be as follows:2195

"State of Ohio2196

County of ...............2197

       I do solemnly swear under the penalty of perjury that I will 2198
support the constitution of the United States of America and the 2199
constitution of the state of Ohio and its laws; that I have not 2200
been convicted of a felony or any violation of the election laws; 2201
that I will discharge to the best of my ability the duties of 2202
judge of election in and for precinct .................... in the 2203
.................... (township) or (ward and city or village) 2204
.................... in the county of ...................., in the 2205
election to be held on the .......... day of ..............., 2206
....., as required by law and the rules and instructions of the 2207
board of elections of said county; and that I will endeavor to 2208
prevent fraud in such election, and will report immediately to 2209
said board any violations of the election laws which come to my 2210
attention, and will not disclose any information as to how any 2211
elector voted which is gained by me in the discharge of my 2212
official duties.2213

............................................................2214

............................................................2215

............................................................2216

............................................................2217

............................................................2218

............................................................2219

(Signatures of precinct election officials)"
2220

       If any of the other precinct officials is absent at that 2221
time, the presiding judge, with the concurrence of a majority of 2222
the precinct election officials present, shall appoint a qualified 2223
elector who is a member of the same political party as the 2224
political party of which such absent precinct election official is 2225
a member to fill the vacancy until the board appoints a person to 2226
fill such vacancy and the person so appointed reports for duty at 2227
the polling place. The presiding judge shall promptly notify the 2228
board of such vacancy by telephone or otherwise. The presiding 2229
judge also shall assign the precinct election officials to their 2230
respective duties and shall have general charge of the polling 2231
place.2232

       Sec. 3501.32.  (A) Except as otherwise provided in division 2233
(B) of this section, on the day of the election the polls shall be 2234
opened by proclamation by the presiding judge, or in his absence 2235
by a presiding judge chosen by the judges, at six-thirty a.m. and 2236
shall be closed by proclamation at seven-thirty p.m. unless there 2237
are voters waiting in line to cast their ballots, in which case 2238
the polls shall be kept open until such waiting voters have voted.2239

       (B) On the day of the election, any polling place located on 2240
an island not connected to the mainland by a highway or a bridge 2241
may close earlier than seven-thirty p.m. if all registered voters 2242
in the precinct have voted. When a polling place closes under 2243
division (B) of this section the presiding judge shall immediately 2244
notify the board of elections of the closing.2245

       Sec. 3501.33.  All judges of election shall enforce peace and 2246
good order in and about the place of registration or election. 2247
They shall especially keep the place of access of the electors to 2248
the polling place open and unobstructed and prevent and stop any 2249
improper practices or attempts tending to obstruct, intimidate, or 2250
interfere with any elector in registering or voting. They shall 2251
protect observers against molestation and violence in the 2252
performance of their duties, and may eject from the polling place 2253
any observer for violation of any provision of Title XXXV of the 2254
Revised Code. They shall prevent riots, violence, tumult, or 2255
disorder. In the discharge of these duties, they may call upon the 2256
sheriff, police, or other peace officers to aid them in enforcing 2257
the law. They may order the arrest of any person violating Title 2258
XXXV of the Revised Code, but such an arrest shall not prevent the 2259
person from registering or voting if the person is entitled to do 2260
so. The sheriff, all constables, police officers, and other 2261
officers of the peace shall immediately obey and aid in the 2262
enforcement of any lawful order made by the precinct election 2263
officials in the enforcement of Title XXXV of the Revised Code.2264

       Sec. 3501.35. (A) During an election and the counting of the 2265
ballots, no person shall do any of the following:2266

       (1) Loiter, congregate, or engage in any kind of election 2267
campaigning within the area between the polling place and the 2268
small flags of the United States placed on the thoroughfares and 2269
walkways leading to the polling place, and if the line of electors 2270
waiting to vote extends beyond those small flags, within ten feet 2271
of any elector in that line;2272

       (2) In any manner hinder or delay an elector in reaching or 2273
leaving the place fixed for casting the elector's ballot;2274

       (3) Give, tender, or exhibit any ballot or ticket to any 2275
person other than the elector's own ballot to the judge of 2276
election within the area between the polling place and the small 2277
flags of the United States placed on the thoroughfares and 2278
walkways leading to the polling place, and if the line of electors 2279
waiting to vote extends beyond those small flags, within ten feet 2280
of any elector in that line;2281

       (4) Exhibit any ticket or ballot which the elector intends to 2282
cast;2283

       (5) Solicit or in any manner attempt to influence any elector 2284
in casting the elector's vote.2285

       (B) Except as otherwise provided in division (C) of section 2286
3503.23 of the Revised Code, no person who is not an election 2287
official, employee, observer, or police officer shall be allowed 2288
to enter the polling place during the election, except for the 2289
purpose of voting or assisting another person to vote as provided 2290
in section 3505.24 of the Revised Code.2291

       (C) No more electors shall be allowed to approach the voting 2292
shelves at any time than there are voting shelves provided.2293

       (D) The judges of election and the police officer shall 2294
strictly enforce the observance of this section.2295

       Sec. 3501.37.  After each election, the judges of elections 2296
of each precinct, except when the board of elections assumes the 2297
duty, shall see that the movable booths and other equipment are 2298
returned for safekeeping to the fiscal officer of the township or 2299
to the clerk or auditor of the municipal corporation in which the 2300
precinct is situated. The fiscal officer, clerk, or auditor shall 2301
have booths and equipment on hand and in place at the polling 2302
places in each precinct before the time for opening the polls on 2303
election days, and for this service the board may allow the 2304
necessary expenses incurred. In cities, this duty shall devolve on 2305
the board.2306

       Sec. 3501.38.  All declarations of candidacy, nominating 2307
petitions, or other petitions presented to or filed with the 2308
secretary of state or a board of elections or with any other 2309
public office for the purpose of becoming a candidate for any 2310
nomination or office or for the holding of an election on any 2311
issue shall, in addition to meeting the other specific 2312
requirements prescribed in the sections of the Revised Code 2313
relating to them, be governed by the following rules:2314

       (A) Only electors qualified to vote on the candidacy or issue 2315
which is the subject of the petition shall sign a petition. Each 2316
signer shall be a registered elector pursuant to section 3503.11 2317
of the Revised Code. The facts of qualification shall be 2318
determined as of the date when the petition is filed.2319

       (B) Signatures shall be affixed in ink. Each signer may also 2320
print the signer's name, so as to clearly identify the signer's 2321
signature.2322

       (C) Each signer shall place on the petition after the 2323
signer's name the date of signing and the location of the signer's 2324
voting residence, including the street and number if in a 2325
municipal corporation or the rural route number, post office 2326
address, or township if outside a municipal corporation. The 2327
voting address given on the petition shall be the address 2328
appearing in the registration records at the board of elections.2329

       (D) Except as otherwise provided in section 3501.382 of the 2330
Revised Code, no person shall write any name other than the 2331
person's own on any petition. Except as otherwise provided in 2332
section 3501.382 of the Revised Code, no person may authorize 2333
another to sign for the person. If a petition contains the 2334
signature of an elector two or more times, only the first 2335
signature shall be counted.2336

       (E)(1) On each petition paper, the circulator shall indicate 2337
the number of signatures contained on it, and shall sign a 2338
statement made under penalty of election falsification that the 2339
circulator witnessed the affixing of every signature, that all 2340
signers were to the best of the circulator's knowledge and belief 2341
qualified to sign, and that every signature is to the best of the 2342
circulator's knowledge and belief the signature of the person 2343
whose signature it purports to be or of an attorney in fact acting 2344
pursuant to section 3501.382 of the Revised Code. On the 2345
circulator's statement for a declaration of candidacy or 2346
nominating petition for a person seeking to become a statewide 2347
candidate or for a statewide initiative or a statewide referendum 2348
petition, the circulator shall identify the circulator's name, the 2349
address of the circulator's permanent residence, and the name and 2350
address of the person employing the circulator to circulate the 2351
petition, if any.2352

       (2) As used in division (E) of this section, "statewide 2353
candidate" means the joint candidates for the offices of governor 2354
and lieutenant governor or a candidate for the office of secretary 2355
of state, auditor of state, treasurer of state, or attorney 2356
general.2357

       (F) Except as otherwise provided in section 3501.382 of the 2358
Revised Code, if a circulator knowingly permits an unqualified 2359
person to sign a petition paper or permits a person to write a 2360
name other than the person's own on a petition paper, that 2361
petition paper is invalid; otherwise, the signature of a person 2362
not qualified to sign shall be rejected but shall not invalidate 2363
the other valid signatures on the paper.2364

       (G) The circulator of a petition may, before filing it in a 2365
public office, strike from it any signature the circulator does 2366
not wish to present as a part of the petition.2367

       (H) Any signer of a petition or an attorney in fact acting 2368
pursuant to section 3501.382 of the Revised Code on behalf of a 2369
signer may remove the signer's signature from that petition at any 2370
time before the petition is filed in a public office by striking 2371
the signer's name from the petition; no signature may be removed 2372
after the petition is filed in any public office.2373

       (I)(1) No alterations, corrections, or additions may be made 2374
to a petition after it is filed in a public office.2375

       (2)(a) No declaration of candidacy, nominating petition, or 2376
other petition for the purpose of becoming a candidate may be 2377
withdrawn after it is filed in a public office. Nothing in this 2378
division prohibits a person from withdrawing as a candidate as 2379
otherwise provided by law.2380

       (b) No petition presented to or filed with the secretary of 2381
state, a board of elections, or any other public office for the 2382
purpose of the holding of an election on any question or issue may 2383
be resubmitted after it is withdrawn from a public office. Nothing 2384
in this division prevents a question or issue petition from being 2385
withdrawn by the filing of a written notice of the withdrawal by a 2386
majority of the members of the petitioning committee with the same 2387
public office with which the petition was filed prior to the 2388
sixtieth day before the election at which the question or issue is 2389
scheduled to appear on the ballot.2390

       (J) All declarations of candidacy, nominating petitions, or 2391
other petitions under this section shall be accompanied by the 2392
following statement in boldface capital letters: WHOEVER COMMITS 2393
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.2394

       (K) All separate petition papers shall be filed at the same 2395
time, as one instrument.2396

       (L) If a board of elections distributes for use a petition 2397
form for a declaration of candidacy, nominating petition, or any 2398
type of question or issue petition that does not satisfy the 2399
requirements of law as of the date of that distribution, the board 2400
shall not invalidate the petition on the basis that the petition 2401
form does not satisfy the requirements of law, if the petition 2402
otherwise is valid. Division (L) of this section applies only if 2403
the candidate received the petition from the board within ninety 2404
days of when the petition is required to be filed.2405

       Sec. 3503.02.  All registrars and judges of elections, in 2406
determining the residence of a person offering to register or 2407
vote, shall be governed by the following rules:2408

       (A) That place shall be considered the residence of a person 2409
in which the person's habitation is fixed and to which, whenever 2410
the person is absent, the person has the intention of returning.2411

       (B) A person shall not be considered to have lost the 2412
person's residence who leaves the person's home and goes into 2413
another state or county of this state, for temporary purposes 2414
only, with the intention of returning.2415

       (C) A person shall not be considered to have gained a 2416
residence in any county of this state into which the person comes 2417
for temporary purposes only, without the intention of making such 2418
county the permanent place of abode.2419

       (D) The place where the family of a married person resides 2420
shall be considered to be the person's place of residence; except 2421
that when the spouses have separated and live apart, the place 2422
where such a spouse resides the length of time required to entitle 2423
a person to vote shall be considered to be the spouse's place of 2424
residence.2425

       (E) If a person removes to another state with the intention 2426
of making such state the person's residence, the person shall be 2427
considered to have lost the person's residence in this state.2428

       (F) Except as otherwise provided in division (G) of this 2429
section, if a person removes from this state and continuously 2430
resides outside this state for a period of four years or more, the 2431
person shall be considered to have lost the person's residence in 2432
this state, notwithstanding the fact that the person may entertain 2433
an intention to return at some future period.2434

       (G)(1) If a person removes from this state to engage in the 2435
services of the United States government, the person shall not be 2436
considered to have lost the person's residence in this state, and 2437
likewise should the person enter the employment of the state, the 2438
place where such person resided at the time of the person's 2439
removal shall be considered to be the person's place of residence.2440

       (2) If a person removes from this state to a location outside 2441
of the United States and the person does not become a resident of 2442
another state, the person shall not be considered to have lost the 2443
person's residence in this state. The place where the person 2444
resided at the time of the person's removal shall be considered to 2445
be the person's place of residence.2446

       (3) If a person is eligible to vote in this state under 2447
division (D)(2) of section 3511.011 of the Revised Code, the place 2448
where the person's parent or legal guardian resided in this state 2449
prior to that parent or legal guardian's removal to a location 2450
outside of the United States shall be considered to be the 2451
person's place of residence.2452

       (4) If an address that is considered to be a person's place 2453
of residence under division (G) of this section ceases to be a 2454
recognized residential address, the board of elections shall 2455
assign an address to the applicable person for voting purposes.2456

       (H) If a person goes into another state and while there 2457
exercises the right of a citizen by voting, the person shall be 2458
considered to have lost the person's residence in this state.2459

       (I) If a person does not have a fixed place of habitation, 2460
but has a shelter or other location at which the person has been a 2461
consistent or regular inhabitant and to which the person has the 2462
intention of returning, that shelter or other location shall be 2463
deemed the person's residence for the purpose of registering to 2464
vote.2465

       Sec. 3503.06. (A) No person shall be entitled to vote at any 2466
election, or to sign or circulate any declaration of candidacy or 2467
any nominating, or recall petition, unless the person is 2468
registered as an elector and will have resided in the county and 2469
precinct where the person is registered for at least thirty days 2470
at the time of the next election.2471

       (B)(1) No person shall be entitled to circulate any 2472
initiative or referendum petition unless the person is a resident 2473
of this state.2474

       (2) All election officials, in determining the residence of a 2475
person circulating a petition under division (B)(1) of this 2476
section, shall be governed by the following rules:2477

       (a) That place shall be considered the residence of a person 2478
in which the person's habitation is fixed and to which, whenever 2479
the person is absent, the person has the intention of returning.2480

       (b) A person shall not be considered to have lost the 2481
person's residence who leaves the person's home and goes into 2482
another state for temporary purposes only, with the intention of 2483
returning.2484

       (c) A person shall not be considered to have gained a 2485
residence in any county of this state into which the person comes 2486
for temporary purposes only, without the intention of making that 2487
county the permanent place of abode.2488

       (d) If a person removes to another state with the intention 2489
of making that state the person's residence, the person shall be 2490
considered to have lost the person's residence in this state.2491

       (e) Except as otherwise provided in division (B)(2)(f) of 2492
this section, if a person removes from this state and continuously 2493
resides outside this state for a period of four years or more, the 2494
person shall be considered to have lost the person's residence in 2495
this state, notwithstanding the fact that the person may entertain 2496
an intention to return at some future period.2497

       (f) If a person removes from this state to engage in the 2498
services of the United States government, the person shall not be 2499
considered to have lost the person's residence in this state 2500
during the period of that service, and likewise should the person 2501
enter the employment of the state, the place where that person 2502
resided at the time of the person's removal shall be considered to 2503
be the person's place of residence.2504

       (g) If a person goes into another state and, while there, 2505
exercises the right of a citizen by voting, the person shall be 2506
considered to have lost the person's residence in this state.2507

       (C) No person shall be entitled to sign any initiative or 2508
referendum petition unless the person is registered as an elector 2509
and will have resided in the county and precinct where the person 2510
is registered for at least thirty days at the time of the next 2511
election.2512

       Sec. 3503.14.  (A) The secretary of state shall prescribe the 2513
form and content of the registration, change of residence, and 2514
change of name forms used in this state. The forms shall meet the 2515
requirements of the National Voter Registration Act of 1993 and 2516
shall include spaces for all of the following:2517

       (1) The voter's name;2518

       (2) The voter's address;2519

       (3) The current date;2520

       (4) The voter's date of birth;2521

       (5) The voter to provide one or more of the following:2522

       (a) The voter's driver's license number, if any;2523

       (b) The last four digits of the voter's social security 2524
number, if any;2525

       (c) A copy of a current and valid photo identification, a 2526
copy of a military identification, or a copy of a current utility 2527
bill, bank statement, government check, paycheck, or other 2528
government document, other than a notice of an election mailed by 2529
a board of elections under section 3501.19 of the Revised Code or 2530
a notice of voter registration mailed by a board of elections 2531
under section 3503.19 of the Revised Code, that shows the voter's 2532
name and address.2533

       (6) The voter's signature.2534

       The registration form shall include a space on which the 2535
person registering an applicant shall sign the person's name and 2536
provide the person's address and a space on which the person 2537
registering an applicant shall name the employer who is employing 2538
that person to register the applicant.2539

       Except for forms prescribed by the secretary of state under 2540
section 3503.11 of the Revised Code, the secretary of state shall 2541
permit boards of elections to produce forms that have subdivided 2542
spaces for each individual alphanumeric character of the 2543
information provided by the voter so as to accommodate the 2544
electronic reading and conversion of the voter's information to 2545
data and the subsequent electronic transfer of that data to the 2546
statewide voter registration database established under section 2547
3503.15 of the Revised Code.2548

        (B) None of the following persons who are registering an 2549
applicant in the course of that official's or employee's normal 2550
duties shall sign the person's name, provide the person's address, 2551
or name the employer who is employing the person to register an 2552
applicant on a form prepared under this section:2553

       (1) An election official;2554

       (2) A county treasurer;2555

       (3) A deputy registrar of motor vehicles;2556

       (4) An employee of a designated agency;2557

       (5) An employee of a public high school;2558

       (6) An employee of a public vocational school;2559

       (7) An employee of a public library;2560

       (8) An employee of the office of a county treasurer;2561

       (9) An employee of the bureau of motor vehicles;2562

       (10) An employee of a deputy registrar of motor vehicles;2563

       (11) An employee of an election official.2564

        (C) Except as provided in section 3501.382 of the Revised 2565
Code, any applicant who is unable to sign the applicant's own name 2566
shall make an "X," if possible, which shall be certified by the 2567
signing of the name of the applicant by the person filling out the 2568
form, who shall add the person's own signature. If an applicant is 2569
unable to make an "X," the applicant shall indicate in some manner 2570
that the applicant desires to register to vote or to change the 2571
applicant's name or residence. The person registering the 2572
applicant shall sign the form and attest that the applicant 2573
indicated that the applicant desired to register to vote or to 2574
change the applicant's name or residence.2575

       (D) No registration, change of residence, or change of name 2576
form shall be rejected solely on the basis that a person 2577
registering an applicant failed to sign the person's name or 2578
failed to name the employer who is employing that person to 2579
register the applicant as required under division (A) of this 2580
section.2581

       (E) As used in this section, "registering an applicant" 2582
includes any effort, for compensation, to provide voter 2583
registration forms or to assist persons in completing or returning 2584
those forms.2585

       Sec. 3503.15.  (A) The secretary of state shall establish and 2586
maintain a statewide voter registration database that shall be 2587
continuously available to each board of elections and to other 2588
agencies as authorized by law.2589

       (B) The statewide voter registration database established 2590
under this section shall be the official list of registered voters 2591
for all elections conducted in this state.2592

       (C) The statewide voter registration database established 2593
under this section shall, at a minimum, include all of the 2594
following:2595

       (1) An electronic network that connects all board of 2596
elections offices with the office of the secretary of state and 2597
with the offices of all other boards of elections;2598

       (2) A computer program that harmonizes the records contained 2599
in the database with records maintained by each board of 2600
elections;2601

       (3) An interactive computer program that allows access to the 2602
records contained in the database by each board of elections and 2603
by any persons authorized by the secretary of state to add, 2604
delete, modify, or print database records, and to conduct updates 2605
of the database;2606

       (4) A search program capable of verifying registered voters 2607
and their registration information by name, driver's license 2608
number, birth date, social security number, or current address;2609

       (5) Safeguards and components to ensure that the integrity, 2610
security, and confidentiality of the voter registration 2611
information is maintained.2612

       (D) The secretary of state shall adopt rules pursuant to 2613
Chapter 119. of the Revised Code doing all of the following:2614

       (1) Specifying the manner in which existing voter 2615
registration records maintained by boards of elections shall be 2616
converted to electronic files for inclusion in the statewide voter 2617
registration database;2618

       (2) Establishing a uniform method for entering voter 2619
registration records into the statewide voter registration 2620
database on an expedited basis, but not less than once per day, if 2621
new registration information is received;2622

       (3) Establishing a uniform method for purging canceled voter 2623
registration records from the statewide voter registration 2624
database in accordance with section 3503.21 of the Revised Code;2625

       (4) Specifying the persons authorized to add, delete, modify, 2626
or print records contained in the statewide voter registration 2627
database and to make updates of that database;2628

       (5) Establishing a process for annually auditing the 2629
information contained in the statewide voter registration 2630
database.2631

       (E) A board of elections promptly shall purge a voter's name 2632
and voter registration information from the statewide voter 2633
registration database in accordance with the rules adopted by the 2634
secretary of state under division (D)(3) of this section after the 2635
cancellation of a voter's registration under section 3503.21 of 2636
the Revised Code.2637

       (F) The secretary of state shall provide training in the 2638
operation of the statewide voter registration database to each 2639
board of elections and to any persons authorized by the secretary 2640
of state to add, delete, modify, or print database records, and to 2641
conduct updates of the database.2642

       (G)(1) The statewide voter registration database established 2643
under this section shall be made available on a web site of the 2644
office of the secretary of state as follows:2645

       (a) Except as otherwise provided in division (G)(1)(b) of 2646
this section, only the following information from the statewide 2647
voter registration database regarding a registered voter shall be 2648
made available on the web site:2649

       (i) The voter's name;2650

       (ii) The voter's address;2651

       (iii) The voter's precinct number;2652

       (iv) The voter's voting history.2653

       (b) During the thirty days before the day of a primary or 2654
general election, the web site interface of the statewide voter 2655
registration database shall permit a voter to search for the 2656
polling location at which that voter may cast a ballot. 2657

       (2) The secretary of state shall establish, by rule adopted 2658
under Chapter 119. of the Revised Code, a process for boards of 2659
elections to notify the secretary of state of changes in the 2660
locations of precinct polling places for the purpose of updating 2661
the information made available on the secretary of state's web 2662
site under division (G)(1)(b) of this section. Those rules shall 2663
require a board of elections, during the thirty days before the 2664
day of a primary or general election, to notify the secretary of 2665
state within one business day of any change to the location of a 2666
precinct polling place within the county.2667

       (3) During the thirty days before the day of a primary or 2668
general election, not later than one business day after receiving 2669
a notification from a county pursuant to division (G)(2) of this 2670
section that the location of a precinct polling place has changed, 2671
the secretary of state shall update that information on the 2672
secretary of state's web site for the purpose of division 2673
(G)(1)(b) of this section.2674

       Sec. 3503.16.  (A) Whenever a registered elector changes the 2675
place of residence of that registered elector from one precinct to 2676
another within a county or from one county to another, or has a 2677
change of name, that registered elector shall report the change by 2678
delivering a change of residence or change of name form, whichever 2679
is appropriate, as prescribed by the secretary of state under 2680
section 3503.14 of the Revised Code to the state or local office 2681
of a designated agency, a public high school or vocational school, 2682
a public library, the office of the county treasurer, the office 2683
of the secretary of state, any office of the registrar or deputy 2684
registrar of motor vehicles, or any office of a board of elections 2685
in person or by a third person. Any voter registration, change of 2686
address, or change of name application, returned by mail, may be 2687
sent only to the secretary of state or the board of elections.2688

       A registered elector also may update the registration of that 2689
registered elector by filing a change of residence or change of 2690
name form on the day of a special, primary, or general election at 2691
the polling place in the precinct in which that registered elector 2692
resides or at the board of elections or at another site designated 2693
by the board.2694

       (B)(1)(a) Any registered elector who moves within a precinct 2695
on or prior to the day of a general, primary, or special election 2696
and has not filed a notice of change of residence with the board 2697
of elections may vote in that election by going to that registered 2698
elector's assigned polling place, completing and signing a notice 2699
of change of residence, showing identification in the form of a 2700
current and valid photo identification, a military identification, 2701
or a copy of a current utility bill, bank statement, government 2702
check, paycheck, or other government document, other than a notice 2703
of an election mailed by a board of elections under section 2704
3501.19 of the Revised Code or a notice of voter registration 2705
mailed by a board of elections under section 3503.19 of the 2706
Revised Code, that shows the name and current address of the 2707
elector, and casting a ballot. If the elector provides either a 2708
driver's license or a state identification card issued under 2709
section 4507.50 of the Revised Code that does not contain the 2710
elector's current residence address, the elector shall provide the 2711
last four digits of the elector's driver's license number or state 2712
identification card number, and the precinct election official 2713
shall mark the poll list or signature pollbook to indicate that 2714
the elector has provided a driver's license or state 2715
identification card number with a former address and record the 2716
last four digits of the elector's driver's license number or state 2717
identification card number.2718

       (b) Any registered elector who changes the name of that 2719
registered elector and remains within a precinct on or prior to 2720
the day of a general, primary, or special election and has not 2721
filed a notice of change of name with the board of elections may 2722
vote in that election by going to that registered elector's 2723
assigned polling place, completing and signing a notice of a 2724
change of name, and casting a provisional ballot under section 2725
3505.181 of the Revised Code.2726

       (2) Any registered elector who moves from one precinct to 2727
another within a county or moves from one precinct to another and 2728
changes the name of that registered elector on or prior to the day 2729
of a general, primary, or special election and has not filed a 2730
notice of change of residence or change of name, whichever is 2731
appropriate, with the board of elections may vote in that election 2732
if that registered elector complies with division (G) of this 2733
section or does all of the following:2734

       (a) Appears at anytime during regular business hours on or 2735
after the twenty-eighth day prior to the election in which that 2736
registered elector wishes to vote or, if the election is held on 2737
the day of a presidential primary election, the twenty-fifth day 2738
prior to the election, through noon of the Saturday prior to the 2739
election at the office of the board of elections, appears at any 2740
time during regular business hours on the Monday prior to the 2741
election at the office of the board of elections, or appears on 2742
the day of the election at either of the following locations:2743

       (i) The polling place in the precinct in which that 2744
registered elector resides;2745

       (ii) The office of the board of elections or, if pursuant to 2746
division (C) of section 3501.10 of the Revised Code the board has 2747
designated another location in the county at which registered 2748
electors may vote, at that other location instead of the office of 2749
the board of elections.2750

       (b) Completes and signs, under penalty of election 2751
falsification, a notice of change of residence or change of name, 2752
whichever is appropriate, and files it with election officials at 2753
the polling place, at the office of the board of elections, or, if 2754
pursuant to division (C) of section 3501.10 of the Revised Code 2755
the board has designated another location in the county at which 2756
registered electors may vote, at that other location instead of 2757
the office of the board of elections, whichever is appropriate;2758

       (c) Votes a provisional ballot under section 3505.181 of the 2759
Revised Code at the polling place, at the office of the board of 2760
elections, or, if pursuant to division (C) of section 3501.10 of 2761
the Revised Code the board has designated another location in the 2762
county at which registered electors may vote, at that other 2763
location instead of the office of the board of elections, 2764
whichever is appropriate, using the address to which that 2765
registered elector has moved or the name of that registered 2766
elector as changed, whichever is appropriate;2767

       (d) Completes and signs, under penalty of election 2768
falsification, a statement attesting that that registered elector 2769
moved or had a change of name, whichever is appropriate, on or 2770
prior to the day of the election, has voted a provisional ballot 2771
at the polling place in the precinct in which that registered 2772
elector resides, at the office of the board of elections, or, if 2773
pursuant to division (C) of section 3501.10 of the Revised Code 2774
the board has designated another location in the county at which 2775
registered electors may vote, at that other location instead of 2776
the office of the board of elections, whichever is appropriate, 2777
and will not vote or attempt to vote at any other location for 2778
that particular election. The statement required under division 2779
(B)(2)(d) of this section shall be included on the notice of 2780
change of residence or change of name, whichever is appropriate, 2781
required under division (B)(2)(b) of this section.2782

       (C) Any registered elector who moves from one county to 2783
another county within the state on or prior to the day of a 2784
general, primary, or special election and has not registered to 2785
vote in the county to which that registered elector moved may vote 2786
in that election if that registered elector complies with division 2787
(G) of this section or does all of the following:2788

       (1) Appears at any time during regular business hours on or 2789
after the twenty-eighth day prior to the election in which that 2790
registered elector wishes to vote or, if the election is held on 2791
the day of a presidential primary election, the twenty-fifth day 2792
prior to the election, through noon of the Saturday prior to the 2793
election at the office of the board of elections or, if pursuant 2794
to division (C) of section 3501.10 of the Revised Code the board 2795
has designated another location in the county at which registered 2796
electors may vote, at that other location instead of the office of 2797
the board of elections, appears during regular business hours on 2798
the Monday prior to the election at the office of the board of 2799
elections or, if pursuant to division (C) of section 3501.10 of 2800
the Revised Code the board has designated another location in the 2801
county at which registered electors may vote, at that other 2802
location instead of the office of the board of elections, or 2803
appears on the day of the election at the office of the board of 2804
elections or, if pursuant to division (C) of section 3501.10 of 2805
the Revised Code the board has designated another location in the 2806
county at which registered electors may vote, at that other 2807
location instead of the office of the board of elections;2808

       (2) Completes and signs, under penalty of election 2809
falsification, a notice of change of residence and files it with 2810
election officials at the board of elections or, if pursuant to 2811
division (C) of section 3501.10 of the Revised Code the board has 2812
designated another location in the county at which registered 2813
electors may vote, at that other location instead of the office of 2814
the board of elections;2815

       (3) Votes a provisional ballot under section 3505.181 of the 2816
Revised Code at the office of the board of elections or, if 2817
pursuant to division (C) of section 3501.10 of the Revised Code 2818
the board has designated another location in the county at which 2819
registered electors may vote, at that other location instead of 2820
the office of the board of elections, using the address to which 2821
that registered elector has moved;2822

       (4) Completes and signs, under penalty of election 2823
falsification, a statement attesting that that registered elector 2824
has moved from one county to another county within the state on or 2825
prior to the day of the election, has voted at the office of the 2826
board of elections or, if pursuant to division (C) of section 2827
3501.10 of the Revised Code the board has designated another 2828
location in the county at which registered electors may vote, at 2829
that other location instead of the office of the board of 2830
elections, and will not vote or attempt to vote at any other 2831
location for that particular election. The statement required 2832
under division (C)(4) of this section shall be included on the 2833
notice of change of residence required under division (C)(2) of 2834
this section.2835

       (D) A person who votes by absent voter's ballots pursuant to 2836
division (G) of this section shall not make written application 2837
for the ballots pursuant to Chapter 3509. of the Revised Code. 2838
Ballots cast pursuant to division (G) of this section shall be set 2839
aside in a special envelope and counted during the official 2840
canvass of votes in the manner provided for in sections 3505.32 2841
and 3509.06 of the Revised Code insofar as that manner is 2842
applicable. The board shall examine the pollbooks to verify that 2843
no ballot was cast at the polls or by absent voter's ballots under 2844
Chapter 3509. or 3511. of the Revised Code by an elector who has 2845
voted by absent voter's ballots pursuant to division (G) of this 2846
section. Any ballot determined to be insufficient for any of the 2847
reasons stated above or stated in section 3509.07 of the Revised 2848
Code shall not be counted.2849

        Subject to division (C) of section 3501.10 of the Revised 2850
Code, a board of elections may lease or otherwise acquire a site 2851
different from the office of the board at which registered 2852
electors may vote pursuant to division (B) or (C) of this section.2853

       (E) Upon receiving a change of residence or change of name 2854
form, the board of elections shall immediately send the registrant 2855
an acknowledgment notice. If the change of residence or change of 2856
name form is valid, the board shall update the voter's 2857
registration as appropriate. If that form is incomplete, the board 2858
shall inform the registrant in the acknowledgment notice specified 2859
in this division of the information necessary to complete or 2860
update that registrant's registration.2861

       (F) Change of residence and change of name forms shall be 2862
available at each polling place, and when these forms are 2863
completed, noting changes of residence or name, as appropriate, 2864
they shall be filed with election officials at the polling place. 2865
Election officials shall return completed forms, together with the 2866
pollbooks and tally sheets, to the board of elections.2867

       The board of elections shall provide change of residence and 2868
change of name forms to the probate court and court of common 2869
pleas. The court shall provide the forms to any person eighteen 2870
years of age or older who has a change of name by order of the 2871
court or who applies for a marriage license. The court shall 2872
forward all completed forms to the board of elections within five 2873
days after receiving them.2874

       (G) A registered elector who otherwise would qualify to vote 2875
under division (B) or (C) of this section but is unable to appear 2876
at the office of the board of elections or, if pursuant to 2877
division (C) of section 3501.10 of the Revised Code the board has 2878
designated another location in the county at which registered 2879
electors may vote, at that other location, on account of personal 2880
illness, physical disability, or infirmity, may vote on the day of 2881
the election if that registered elector does all of the following:2882

       (1) Makes a written application that includes all of the 2883
information required under section 3509.03 of the Revised Code to 2884
the appropriate board for an absent voter's ballot on or after the 2885
twenty-seventh day prior to the election in which the registered 2886
elector wishes to vote through noon of the Saturday prior to that 2887
election and requests that the absent voter's ballot be sent to 2888
the address to which the registered elector has moved if the 2889
registered elector has moved, or to the address of that registered 2890
elector who has not moved but has had a change of name;2891

       (2) Declares that the registered elector has moved or had a 2892
change of name, whichever is appropriate, and otherwise is 2893
qualified to vote under the circumstances described in division 2894
(B) or (C) of this section, whichever is appropriate, but that the 2895
registered elector is unable to appear at the board of elections 2896
because of personal illness, physical disability, or infirmity;2897

       (3) Completes and returns along with the completed absent 2898
voter's ballot a notice of change of residence indicating the 2899
address to which the registered elector has moved, or a notice of 2900
change of name, whichever is appropriate;2901

       (4) Completes and signs, under penalty of election 2902
falsification, a statement attesting that the registered elector 2903
has moved or had a change of name on or prior to the day before 2904
the election, has voted by absent voter's ballot because of 2905
personal illness, physical disability, or infirmity that prevented 2906
the registered elector from appearing at the board of elections, 2907
and will not vote or attempt to vote at any other location or by 2908
absent voter's ballot mailed to any other location or address for 2909
that particular election.2910

       Sec. 3503.18.  At least once each month, each probate judge 2911
in this state shall file with the board of elections the names and 2912
residence addresses of all persons over eighteen years of age who 2913
have been adjudicated incompetent for the purpose of voting, as 2914
provided in section 5122.301 of the Revised Code. At least once 2915
each month the clerk of the court of common pleas shall file with 2916
the board the names and residence addresses of all persons who 2917
have been convicted during the previous month of crimes that would 2918
disfranchise such persons under existing laws of the state. 2919
Reports of conviction of crimes under the laws of the United 2920
States that would disfranchise an elector and that are provided to 2921
the secretary of state by any United States attorney shall be 2922
forwarded by the secretary of state to the appropriate board of 2923
elections.2924

       Upon receiving a report required by this section, the board 2925
of elections shall promptly cancel the registration of each 2926
elector named in the report. If the report contains a residence 2927
address of an elector in a county other than the county in which 2928
the board of elections is located, the director shall promptly 2929
send a copy of the report to the appropriate board of elections, 2930
which shall cancel the registration.2931

       Sec. 3503.19.  (A) Persons qualified to register or to change 2932
their registration because of a change of address or change of 2933
name may register or change their registration in person at any 2934
state or local office of a designated agency, at the office of the 2935
registrar or any deputy registrar of motor vehicles, at a public 2936
high school or vocational school, at a public library, at the 2937
office of a county treasurer, or at a branch office established by 2938
the board of elections, or in person, through another person, or 2939
by mail at the office of the secretary of state or at the office 2940
of a board of elections. A registered elector may also change the 2941
elector's registration on election day at any polling place where 2942
the elector is eligible to vote, in the manner provided under 2943
section 3503.16 of the Revised Code.2944

       Any state or local office of a designated agency, the office 2945
of the registrar or any deputy registrar of motor vehicles, a 2946
public high school or vocational school, a public library, or the 2947
office of a county treasurer shall transmit any voter registration 2948
application or change of registration form that it receives to the 2949
board of elections of the county in which the state or local 2950
office is located, within five days after receiving the voter 2951
registration application or change of registration form.2952

       An otherwise valid voter registration application that is 2953
returned to the appropriate office other than by mail must be 2954
received by a state or local office of a designated agency, the 2955
office of the registrar or any deputy registrar of motor vehicles, 2956
a public high school or vocational school, a public library, the 2957
office of a county treasurer, the office of the secretary of 2958
state, or the office of a board of elections no later than the 2959
thirtieth day preceding a primary, special, or general election 2960
for the person to qualify as an elector eligible to vote at that 2961
election. An otherwise valid registration application received 2962
after that day entitles the elector to vote at all subsequent 2963
elections.2964

       Any state or local office of a designated agency, the office 2965
of the registrar or any deputy registrar of motor vehicles, a 2966
public high school or vocational school, a public library, or the 2967
office of a county treasurer shall date stamp a registration 2968
application or change of name or change of address form it 2969
receives using a date stamp that does not disclose the identity of 2970
the state or local office that receives the registration.2971

       Voter registration applications, if otherwise valid, that are 2972
returned by mail to the office of the secretary of state or to the 2973
office of a board of elections must be postmarked no later than 2974
the thirtieth day preceding a primary, special, or general 2975
election in order for the person to qualify as an elector eligible 2976
to vote at that election. If an otherwise valid voter registration 2977
application that is returned by mail does not bear a postmark or a 2978
legible postmark, the registration shall be valid for that 2979
election if received by the office of the secretary of state or 2980
the office of a board of elections no later than twenty-five days 2981
preceding any special, primary, or general election.2982

       (B)(1) Any person may apply in person, by telephone, by mail, 2983
or through another person for voter registration forms to the 2984
office of the secretary of state or the office of a board of 2985
elections. An individual who is eligible to vote as a uniformed 2986
services voter or an overseas voter in accordance with 42 U.S.C. 2987
1973ff-6 also may apply for voter registration forms by electronic 2988
means to the office of the secretary of state or to the board of 2989
elections of the county in which the person's voting residence is 2990
located pursuant to section 3503.191 of the Revised Code.2991

       (2)(a) An applicant may return the applicant's completed 2992
registration form in person or by mail to any state or local 2993
office of a designated agency, to a public high school or 2994
vocational school, to a public library, to the office of a county 2995
treasurer, to the office of the secretary of state, or to the 2996
office of a board of elections. An applicant who is eligible to 2997
vote as a uniformed services voter or an overseas voter in 2998
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 2999
completed voter registration form electronically to the office of 3000
the secretary of state or to the board of elections of the county 3001
in which the person's voting residence is located pursuant to 3002
section 3503.191 of the Revised Code.3003

       (b) Subject to division (B)(2)(c) of this section, an 3004
applicant may return the applicant's completed registration form 3005
through another person to any board of elections or the office of 3006
the secretary of state.3007

       (c) A person who receives compensation for registering a 3008
voter shall return any registration form entrusted to that person 3009
by an applicant to any board of elections or to the office of the 3010
secretary of state.3011

       (d) If a board of elections or the office of the secretary of 3012
state receives a registration form under division (B)(2)(b) or (c) 3013
of this section before the thirtieth day before an election, the 3014
board or the office of the secretary of state, as applicable, 3015
shall forward the registration to the board of elections of the 3016
county in which the applicant is seeking to register to vote 3017
within ten days after receiving the application. If a board of 3018
elections or the office of the secretary of state receives a 3019
registration form under division (B)(2)(b) or (c) of this section 3020
on or after the thirtieth day before an election, the board or the 3021
office of the secretary of state, as applicable, shall forward the 3022
registration to the board of elections of the county in which the 3023
applicant is seeking to register to vote within thirty days after 3024
that election.3025

       (C)(1) A board of elections that receives a voter 3026
registration application and is satisfied as to the truth of the 3027
statements made in the registration form shall register the 3028
applicant not later than twenty business days after receiving the 3029
application, unless that application is received during the thirty 3030
days immediately preceding the day of an election. The board shall 3031
promptly notify the applicant in writing of each of the following:3032

       (a) The applicant's registration;3033

       (b) The precinct in which the applicant is to vote;3034

       (c) In bold type as follows:3035

       "Voters must bring identification to the polls in order to 3036
verify identity. Identification may include a current and valid 3037
photo identification, a military identification, or a copy of a 3038
current utility bill, bank statement, government check, paycheck, 3039
or other government document, other than this notification or a 3040
notification of an election mailed by a board of elections, that 3041
shows the voter's name and current address. Voters who do not 3042
provide one of these documents will still be able to vote by 3043
casting a provisional ballot. Voters who do not have any of the 3044
above forms of identification, including a social security number, 3045
will still be able to vote by signing an affirmation swearing to 3046
the voter's identity under penalty of election falsification and 3047
by casting a provisional ballot."3048

        The notification shall be by nonforwardable mail. If the mail 3049
is returned to the board, it shall investigate and cause the 3050
notification to be delivered to the correct address.3051

       (2) If, after investigating as required under division (C)(1) 3052
of this section, the board is unable to verify the voter's correct 3053
address, it shall cause the voter's name in the official 3054
registration list and in the poll list or signature pollbook to be 3055
marked to indicate that the voter's notification was returned to 3056
the board.3057

       At the first election at which a voter whose name has been so 3058
marked appears to vote, the voter shall be required to provide 3059
identification to the election officials and to vote by 3060
provisional ballot under section 3505.181 of the Revised Code. If 3061
the provisional ballot is counted pursuant to division (B)(3) of 3062
section 3505.183 of the Revised Code, the board shall correct that 3063
voter's registration, if needed, and shall remove the indication 3064
that the voter's notification was returned from that voter's name 3065
on the official registration list and on the poll list or 3066
signature pollbook. If the provisional ballot is not counted 3067
pursuant to division (B)(4)(a)(i), (v), or (vi) of section 3068
3505.183 of the Revised Code, the voter's registration shall be 3069
canceled. The board shall notify the voter by United States mail 3070
of the cancellation.3071

       (3) If a notice of the disposition of an otherwise valid 3072
registration application is sent by nonforwardable mail and is 3073
returned undelivered, the person shall be registered as provided 3074
in division (C)(2) of this section and sent a confirmation notice 3075
by forwardable mail. If the person fails to respond to the 3076
confirmation notice, update the person's registration, or vote by 3077
provisional ballot as provided in division (C)(2) of this section 3078
in any election during the period of two federal elections 3079
subsequent to the mailing of the confirmation notice, the person's 3080
registration shall be canceled.3081

       Sec. 3503.21.  (A) The registration of a registered elector 3082
shall be canceled upon the occurrence of any of the following:3083

       (1) The filing by a registered elector of a written request 3084
with a board of elections, on a form prescribed by the secretary 3085
of state and signed by the elector, that the registration be 3086
canceled. The filing of such a request does not prohibit an 3087
otherwise qualified elector from reregistering to vote at any 3088
time.3089

        (2) The conviction of the registered elector of a felony 3090
under the laws of this state, any other state, or the United 3091
States as provided in section 2961.01 of the Revised Code;3092

       (3) The adjudication of incompetency of the registered 3093
elector for the purpose of voting as provided in section 5122.301 3094
of the Revised Code;3095

       (5) The change of residence of the registered elector to a 3096
location outside the county of registration in accordance with 3097
division (B) of this section;3098

       (6) The failure of the registered elector, after having been 3099
mailed a confirmation notice, to do either of the following:3100

       (a) Respond to such a notice and vote at least once during a 3101
period of four consecutive years, which period shall include two 3102
general federal elections;3103

       (b) Update the elector's registration and vote at least once 3104
during a period of four consecutive years, which period shall 3105
include two general federal elections.3106

       (B)(1) The secretary of state shall prescribe procedures to 3107
identify and cancel the registration in a prior county of 3108
residence of any registrant who changes the registrant's voting 3109
residence to a location outside the registrant's current county of 3110
registration. Any procedures prescribed in this division shall be 3111
uniform and nondiscriminatory, and shall comply with the Voting 3112
Rights Act of 1965. The secretary of state may prescribe 3113
procedures under this division that include the use of the 3114
national change of address service provided by the United States 3115
postal system through its licensees. Any program so prescribed 3116
shall be completed not later than ninety days prior to the date of 3117
any primary or general election for federal office.3118

       (2) The registration of any elector identified as having 3119
changed the elector's voting residence to a location outside the 3120
elector's current county of registration shall not be canceled 3121
unless the registrant is sent a confirmation notice on a form 3122
prescribed by the secretary of state and the registrant fails to 3123
respond to the confirmation notice or otherwise update the 3124
registration and fails to vote in any election during the period 3125
of two federal elections subsequent to the mailing of the 3126
confirmation notice.3127

       (C) The registration of a registered elector shall not be 3128
canceled except as provided in this section, division (Q) of 3129
section 3501.05 of the Revised Code, division (C)(2) of section 3130
3503.19 of the Revised Code, or division (C) of section 3503.24 of 3131
the Revised Code.3132

       (D) Boards of elections shall send their voter registration 3133
information to the secretary of state as required under section 3134
3503.15 of the Revised Code. In the first quarter of each 3135
odd-numbered year, the secretary of state shall send the 3136
information to the national change of address service described in 3137
division (B) of this section and request that service to provide 3138
the secretary of state with a list of any voters sent by the 3139
secretary of state who have moved within the last thirty-six 3140
months. The secretary of state shall transmit to each appropriate 3141
board of elections whatever lists the secretary of state receives 3142
from that service. The board shall send a notice to each person on 3143
the list transmitted by the secretary of state requesting 3144
confirmation of the person's change of address, together with a 3145
postage prepaid, preaddressed return envelope containing a form on 3146
which the voter may verify or correct the change of address 3147
information.3148

       (E) The registration of a registered elector described in 3149
division (A)(6) or (B)(2) of this section shall be canceled not 3150
later than one hundred twenty days after the date of the second 3151
general federal election in which the elector fails to vote or not 3152
later than one hundred twenty days after the expiration of the 3153
four-year period in which the elector fails to vote or respond to 3154
a confirmation notice, whichever is later.3155

       Sec. 3503.24. (A) Application for the correction of any 3156
precinct registration list or a challenge of the right to vote of 3157
any registered elector may be made by any qualified elector of the 3158
county at the office of the board of elections not later than 3159
twenty days prior to the election. The applications or challenges, 3160
with the reasons for the application or challenge, shall be filed 3161
with the board on a form prescribed by the secretary of state and 3162
shall be signed under penalty of election falsification.3163

       (B) On receiving an application or challenge filed under this 3164
section, the board of elections promptly shall review the board's 3165
records. If the board is able to determine that an application or 3166
challenge should be granted or denied solely on the basis of the 3167
records maintained by the board, the board immediately shall vote 3168
to grant or deny that application or challenge.3169

       If the board is not able to determine whether an application 3170
or challenge should be granted or denied solely on the basis of 3171
the records maintained by the board, the director shall promptly 3172
set a time and date for a hearing before the board. Except as 3173
otherwise provided in division (D) of this section, the hearing 3174
shall be held, and the application or challenge shall be decided, 3175
no later than ten days after the board receives the application or 3176
challenge. The director shall send written notice to any elector 3177
whose right to vote is challenged and to any person whose name is 3178
alleged to have been omitted from a registration list. The notice 3179
shall inform the person of the time and date of the hearing, and 3180
of the person's right to appear and testify, call witnesses, and 3181
be represented by counsel. The notice shall be sent by first class 3182
mail no later than three days before the day of any scheduled 3183
hearing. The director shall also provide the person who filed the 3184
application or challenge with such written notice of the date and 3185
time of the hearing.3186

       At the request of either party or any member of the board, 3187
the board shall issue subpoenas to witnesses to appear and testify 3188
before the board at a hearing held under this section. All 3189
witnesses shall testify under oath. The board shall reach a 3190
decision on all applications and challenges immediately after 3191
hearing.3192

       (C) If the board decides that any such person is not entitled 3193
to have the person's name on the registration list, the person's 3194
name shall be removed from the list and the person's registration 3195
forms canceled. If the board decides that the name of any such 3196
person should appear on the registration list, it shall be added 3197
to the list, and the person's registration forms placed in the 3198
proper registration files. All such corrections and additions 3199
shall be made on a copy of the precinct lists, which shall 3200
constitute the poll lists, to be furnished to the respective 3201
precincts with other election supplies on the day preceding the 3202
election, to be used by the election officials in receiving the 3203
signatures of voters and in checking against the registration 3204
forms.3205

       (D)(1) If an application or challenge for which a hearing is 3206
required to be conducted under division (B) of this section is 3207
filed after the thirtieth day before the day of an election, the 3208
board of elections, in its discretion, may postpone that hearing 3209
and any notifications of that hearing until after the day of the 3210
election. Any hearing postponed under this division shall be 3211
conducted not later than ten days after the day of the election.3212

       (2) The board of elections shall cause the name of any 3213
registered elector whose registration is challenged and whose 3214
challenge hearing is postponed under division (D)(1) of this 3215
section to be marked in the official registration list and in the 3216
poll list or signature pollbook for that elector's precinct to 3217
indicate that the elector's registration is subject to challenge.3218

       (3) Any elector who is the subject of an application or 3219
challenge hearing that is postponed under division (D)(1) of this 3220
section shall be permitted to vote a provisional ballot under 3221
section 3505.181 of the Revised Code. The validity of a 3222
provisional ballot cast pursuant to this section shall be 3223
determined in accordance with section 3505.183 of the Revised 3224
Code, except that no such provisional ballot shall be counted 3225
unless the hearing conducted under division (B) of this section 3226
after the day of the election results in the elector's inclusion 3227
in the official registration list.3228

       Sec. 3503.26.  (A) All registration forms and lists, when not 3229
in official use by the registrars or judges of elections, shall be 3230
in the possession of the board of elections. Names and addresses 3231
of electors may be copied from the registration lists only in the 3232
office of the board when it is open for business; but no such 3233
copying shall be permitted during the period of time commencing 3234
twenty-one days before an election and ending on the eleventh day 3235
after an election if such copying will, in the opinion of the 3236
board, interfere with the necessary work of the board. The board 3237
shall keep in convenient form and available for public inspection 3238
a correct set of the registration lists of all precincts in the 3239
county.3240

       (B) Notwithstanding division (A) of this section the board of 3241
elections shall maintain and make available for public inspection 3242
and copying at a reasonable cost all records concerning the 3243
implementation of programs and activities conducted for the 3244
purpose of ensuring the accuracy and currency of voter 3245
registration lists, including the names and addresses of all 3246
registered electors sent confirmation notices and whether or not 3247
the elector responded to the confirmation notice. The board shall 3248
maintain all records described in this division for a period of 3249
two years.3250

       Sec. 3503.28.  (A) The secretary of state shall develop an 3251
information brochure regarding voter registration. The brochure 3252
shall include, but is not limited to, all of the following 3253
information:3254

       (1) The applicable deadlines for registering to vote or for 3255
returning an applicant's completed registration form;3256

       (2) The applicable deadline for returning an applicant's 3257
completed registration form if the person returning the form is 3258
being compensated for registering voters;3259

       (3) The locations to which a person may return an applicant's 3260
completed registration form;3261

       (4) The location to which a person who is compensated for 3262
registering voters may return an applicant's completed 3263
registration form;3264

       (5) The registration and affirmation requirements applicable 3265
to persons who are compensated for registering voters under 3266
section 3503.29 of the Revised Code;3267

       (6) A notice, which shall be written in bold type, stating as 3268
follows:3269

       "Voters must bring identification to the polls in order to 3270
verify identity. Identification may include a current and valid 3271
photo identification, a military identification, or a copy of a 3272
current utility bill, bank statement, government check, paycheck, 3273
or other government document, other than a notice of an election 3274
or a voter registration notification sent by a board of elections, 3275
that shows the voter's name and current address. Voters who do not 3276
provide one of these documents will still be able to vote by 3277
casting a provisional ballot. Voters who do not have any of the 3278
above forms of identification, including a social security number, 3279
will still be able to vote by signing an affirmation swearing to 3280
the voter's identity under penalty of election falsification and 3281
by casting a provisional ballot."3282

       (B) Except as otherwise provided in division (D) of this 3283
section, a board of elections, designated agency, public high 3284
school, public vocational school, public library, office of a 3285
county treasurer, or deputy registrar of motor vehicles shall 3286
distribute a copy of the brochure developed under division (A) of 3287
this section to any person who requests more than two voter 3288
registration forms at one time.3289

       (C)(1) The secretary of state shall provide the information 3290
required to be included in the brochure developed under division 3291
(A) of this section to any person who prints a voter registration 3292
form that is made available on a web site of the office of the 3293
secretary of state.3294

       (2) If a board of elections operates and maintains a web 3295
site, the board shall provide the information required to be 3296
included in the brochure developed under division (A) of this 3297
section to any person who prints a voter registration form that is 3298
made available on that web site.3299

       (D) A board of elections shall not be required to distribute 3300
a copy of a brochure under division (B) of this section to any of 3301
the following officials or employees who are requesting more than 3302
two voter registration forms at one time in the course of the 3303
official's or employee's normal duties:3304

       (1) An election official;3305

       (2) A county treasurer;3306

       (3) A deputy registrar of motor vehicles;3307

       (4) An employee of a designated agency;3308

       (5) An employee of a public high school;3309

       (6) An employee of a public vocational school;3310

       (7) An employee of a public library;3311

       (8) An employee of the office of a county treasurer;3312

       (9) An employee of the bureau of motor vehicles;3313

       (10) An employee of a deputy registrar of motor vehicles;3314

       (11) An employee of an election official.3315

       (E) As used in this section, "registering voters" includes 3316
any effort, for compensation, to provide voter registration forms 3317
or to assist persons in completing or returning those forms.3318

       Sec. 3503.29.  (A) The secretary of state shall develop and 3319
make available through a web site of the office of the secretary 3320
of state a training program for any person who receives or expects 3321
to receive compensation for registering a voter. The secretary of 3322
state shall specify, by rule adopted pursuant to Chapter 119. of 3323
the Revised Code, the information to be included in the online 3324
training program developed under this division.3325

       (B) Except as otherwise provided in division (E) of this 3326
section, the secretary of state, by rules adopted pursuant to 3327
Chapter 119. of the Revised Code, shall prescribe a program under 3328
which the secretary of state shall register any person who 3329
receives or expects to receive compensation for registering a 3330
voter in this state.3331

       (C) Except as otherwise provided in division (E) of this 3332
section, in each year in which a person receives or expects to 3333
receive compensation for registering a voter, that person, prior 3334
to registering a voter, shall do all of the following:3335

       (1) Register with the secretary of state in accordance with 3336
the program prescribed under division (B) of this section;3337

       (2) Complete the training program established by the 3338
secretary of state under division (A) of this section.3339

       (3) Sign an affirmation that includes all of the following:3340

       (a) The person's name;3341

       (b) The person's date of birth;3342

       (c) The person's permanent address;3343

       (d) The name of each county in which the person expects to 3344
register voters;3345

       (e) A statement that the person has registered, as required 3346
under division (C)(1) of this section, with the secretary of 3347
state;3348

       (f) A statement that the person has completed the training 3349
program required under division (C)(2) of this section;3350

       (g) A statement that the person will follow all applicable 3351
laws of this state while registering voters.3352

       (D) Except as otherwise provided in division (E) of this 3353
section, each time a person who receives or expects to receive 3354
compensation for registering a voter submits a completed 3355
registration form that has been entrusted to that person to a 3356
board of elections, the person also shall submit, with the voter 3357
registration form, a copy of the affirmation signed by the person 3358
under division (C)(3) of this section. A single copy of the signed 3359
affirmation may be submitted with all voter registration forms 3360
that are returned by that person at one time.3361

       (E) None of the following officials or employees who are 3362
registering voters in the course of the official's or employee's 3363
normal duties shall be required to comply with divisions (C) and 3364
(D) of this section:3365

       (1) An election official;3366

       (2) A county treasurer;3367

       (3) A deputy registrar of motor vehicles;3368

       (4) An employee of a designated agency;3369

       (5) An employee of a public high school;3370

       (6) An employee of a public vocational school;3371

       (7) An employee of a public library;3372

       (8) An employee of the office of a county treasurer;3373

       (9) An employee of the bureau of motor vehicles;3374

       (10) An employee of a deputy registrar of motor vehicles;3375

       (11) An employee of an election official.3376

       (F) As used in this section, "registering a voter" and 3377
"registering voters" includes any effort, for compensation, to 3378
provide voter registration forms or to assist persons in 3379
completing or returning those forms.3380

       Sec. 3504.01. Each citizen of the United States who, on the 3381
day of the succeeding presidential election, will be eighteen 3382
years of age or over, who has moved the citizen's residence from 3383
this state not more than ninety days prior to the day of such 3384
presidential election, who has not registered to vote in the state 3385
to which that citizen has moved that citizen's residence, and who, 3386
because of that citizen's removal from this state, is not entitled 3387
to vote for the offices of president and vice-president or for 3388
presidential and vice-presidential electors in the state of that 3389
citizen's current residence may be entitled to vote in this state, 3390
in the precinct in which that citizen's voting residence was 3391
located at the time the citizen moved from this state, for 3392
presidential and vice-presidential electors but for no other 3393
offices if the citizen meets all of the following conditions: 3394

       (A) The citizen otherwise possesses the substantive 3395
qualifications to vote in this state, except the requirements of 3396
residence and registration.3397

       (B) The citizen complies with sections 3504.01 to 3504.06 of 3398
the Revised Code.3399

       (C) The citizen completes a certificate of intent to vote in 3400
a presidential election under section 3504.02 of the Revised Code 3401
under penalty of election falsification.3402

       Sec. 3504.02.  Any citizen who desires to vote in a 3403
presidential election under this chapter shall, not later than 3404
four p.m. of the thirtieth day prior to the date of the 3405
presidential election, complete a certificate of intent to vote 3406
for presidential and vice-presidential electors. The certificate 3407
of intent shall be completed in duplicate on a form prescribed by 3408
the secretary of state that may be obtained and filed personally 3409
in the office of the board of elections of the county in which 3410
such person last resided before removal from this state, or mailed 3411
to such board of elections.3412

       Immediately following the spaces on the certificate for 3413
inserting information as requested by the secretary of state, the 3414
following statement shall be printed: "I declare under penalty of 3415
election falsification that the statements herein contained are 3416
true to the best of my knowledge and belief; that I am legally 3417
qualified to vote; that I am not registered to vote in any other 3418
state; and that I have not voted in an election in any other state 3419
since removing myself from the state of Ohio.3420

.................................. 3421
Signature of applicant 3422
.................................. 3423
Date 3424

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 3425
OF THE FIFTH DEGREE."3426

       Sec. 3504.04.  On or before election day, the director of the 3427
board of elections shall deliver to the polling place a list of 3428
persons who have filed certificates of intent to vote as former 3429
resident voters and who appear, from their voting address, 3430
entitled to vote at such polling place. Those persons whose names 3431
appear on the list of former resident voters, and who have 3432
otherwise complied with sections 3504.01 to 3504.06 of the Revised 3433
Code, shall then be entitled to vote for presidential and 3434
vice-presidential electors only at their polling place on election 3435
day or by absent voter's ballots. Such voter who votes at that 3436
voter's polling place on election day shall sign that voter's name 3437
in the poll book or poll list followed by, "Former Resident's 3438
Presidential Ballot." Qualified former residents shall be entitled 3439
to cast absent voter's ballots for presidential and 3440
vice-presidential electors.3441

       Sec. 3504.05.  The director of the board of elections shall 3442
forward copies of all certificates of intent received from former 3443
residents to the secretary of state no later than the twenty-fifth 3444
day prior to the day of the election in which such former resident 3445
desires to vote. Upon receipt of such certificate the secretary of 3446
state shall immediately notify the chief elections officer of the 3447
state of each applicant's prior residence of the fact that such 3448
applicant has declared his intention to vote for presidential and 3449
vice-presidential electors in this state.3450

       Sec. 3505.07.  (A) If the board of elections, by a unanimous 3451
vote of its members, or if the secretary of state, in the 3452
secretary of state's sole discretion, finds it impracticable to 3453
place the names of candidates for any office of a minor political 3454
subdivision in the county or the wording of any question or issue 3455
to be voted upon in such minor political subdivision on the 3456
ballots under sections 3505.01 to 3505.09 of the Revised Code, 3457
then such board may, or at the direction of the secretary of state 3458
shall, provide separate ballots for the candidates, question, or 3459
issue.3460

       (B) If the secretary of state, in the secretary of state's 3461
sole discretion, determines that it is impracticable to place the 3462
names of candidates for any office or the wording for any question 3463
or issue to be voted upon on the ballot when the candidates, 3464
question, issue, or wording for the question or issue was ordered 3465
onto the ballot by a court of competent jurisdiction and the 3466
ballots have been printed prior to the court order, the board of 3467
elections, at the direction of the secretary of state, shall 3468
provide separate ballots for the candidates, question, or issue.3469

       (C) All separate ballots provided for in this section shall 3470
conform in quality of paper, style of printing, form of ballot, 3471
arrangement of names, and in all other ways, in so far as 3472
practicable, with the provisions relating to the printing of the 3473
general official ballot. Separate ballot boxes shall be provided 3474
for each such separate kind of ballot.3475

       Sec. 3505.08. (A) Ballots shall be provided by the board of 3476
elections for all general and special elections. The ballots shall 3477
be printed with black ink on No. 2 white book paper fifty pounds 3478
in weight per ream assuming such ream to consist of five hundred 3479
sheets of such paper twenty-five by thirty-eight inches in size. 3480
Each ballot shall have attached at the top two stubs, each of the 3481
width of the ballot and not less than one-half inch in length, 3482
except that, if the board of elections has an alternate method to 3483
account for the ballots that the secretary of state has 3484
authorized, each ballot may have only one stub that shall be the 3485
width of the ballot and not less than one-half inch in length. In 3486
the case of ballots with two stubs, the stubs shall be separated 3487
from the ballot and from each other by perforated lines. The top 3488
stub shall be known as Stub B and shall have printed on its face 3489
"Stub B." The other stub shall be known as Stub A and shall have 3490
printed on its face "Stub A." Each stub shall also have printed on 3491
its face "Consecutive Number .........." 3492

       Each ballot of each kind of ballot provided for use in each 3493
precinct shall be numbered consecutively beginning with number 1 3494
by printing such number upon both of the stubs attached to the 3495
ballot. On ballots bearing the names of candidates, each 3496
candidate's name shall be printed in twelve point boldface upper 3497
case type in an enclosed rectangular space, and an enclosed blank 3498
rectangular space shall be provided at the left of the candidate's 3499
name. The name of the political party of a candidate nominated at 3500
a primary election or certified by a party committee shall be 3501
printed in ten point lightface upper and lower case type and shall 3502
be separated by a two point blank space. The name of each 3503
candidate shall be indented one space within the enclosed 3504
rectangular space, and the name of the political party shall be 3505
indented two spaces within the enclosed rectangular space. 3506

       The title of each office on the ballots shall be printed in 3507
twelve point boldface upper and lower case type in a separate 3508
enclosed rectangular space. A four point rule shall separate the 3509
name of a candidate or a group of candidates for the same office 3510
from the title of the office next appearing below on the ballot; a 3511
two point rule shall separate the title of the office from the 3512
names of candidates; and a one point rule shall separate names of 3513
candidates. Headings shall be printed in display Roman type. When 3514
the names of several candidates are grouped together as candidates 3515
for the same office, there shall be printed on the ballots 3516
immediately below the title of the office and within the separate 3517
rectangular space in which the title is printed "Vote for not more 3518
than ........," in six point boldface upper and lower case filling 3519
the blank space with that number which will indicate the number of 3520
persons who may be lawfully elected to the office.3521

       Columns on ballots shall be separated from each other by a 3522
heavy vertical border or solid line at least one-eighth of an inch 3523
wide, and a similar vertical border or line shall enclose the left 3524
and right side of ballots. Ballots shall be trimmed along the 3525
sides close to such lines.3526

       The ballots provided for by this section shall be comprised 3527
of four kinds of ballots designated as follows: office type 3528
ballot; nonpartisan ballot; questions and issues ballot; and 3529
presidential ballot.3530

       On the back of each office type ballot shall be printed 3531
"Official Office Type Ballot;" on the back of each nonpartisan 3532
ballot shall be printed "Official Nonpartisan Ballot;" on the back 3533
of each questions and issues ballot shall be printed "Official 3534
Questions and Issues Ballot;" and on the back of each presidential 3535
ballot shall be printed "Official Presidential Ballot." On the 3536
back of every ballot also shall be printed the date of the 3537
election at which the ballot is used and the facsimile signatures 3538
of the members of the board of the county in which the ballot is 3539
used. For the purpose of identifying the kind of ballot, the back 3540
of every ballot may be numbered in the order the board shall 3541
determine. The numbers shall be printed in not less than 3542
thirty-six point type above the words "Official Office Type 3543
Ballot," "Official Nonpartisan Ballot," "Official Questions and 3544
Issues Ballot," or "Official Presidential Ballot," as the case may 3545
be. Ballot boxes bearing corresponding numbers shall be furnished 3546
for each precinct in which the above-described numbered ballots 3547
are used.3548

       On the back of every ballot used, there shall be a solid 3549
black line printed opposite the blank rectangular space that is 3550
used to mark the choice of the voter. This line shall be printed 3551
wide enough so that the mark in the blank rectangular space will 3552
not be visible from the back side of the ballot.3553

       Sample ballots may be printed by the board of elections for 3554
all general elections. The ballots shall be printed on colored 3555
paper, and "Sample Ballot" shall be plainly printed in boldface 3556
type on the face of each ballot. In counties of less than one 3557
hundred thousand population, the board may print not more than 3558
five hundred sample ballots; in all other counties, it may print 3559
not more than one thousand sample ballots. The sample ballots 3560
shall not be distributed by a political party or a candidate, nor 3561
shall a political party or candidate cause their title or name to 3562
be imprinted on sample ballots.3563

       (B) Notwithstanding division (A) of this section, in 3564
approving the form of an official ballot, the secretary of state 3565
may authorize the use of fonts, type face settings, and ballot 3566
formats other than those prescribed in that division.3567

       Sec. 3505.11.  (A) The ballots, with the stubs attached, 3568
shall be bound into tablets for each precinct, which tablets shall 3569
contain at least one per cent more ballots than the total 3570
registration in the precinct, except as otherwise provided in 3571
division (B) of this section. Upon the covers of the tablets shall 3572
be written, printed, or stamped the designation of the precinct 3573
for which the ballots have been prepared. All official ballots 3574
shall be printed uniformly upon the same kind and quality of paper 3575
and shall be of the same shape, size, and type.3576

       Electors who have failed to respond within thirty days to any 3577
confirmation notice shall not be counted in determining the number 3578
of ballots to be printed under this section.3579

       (B)(1) A board of elections may choose to provide ballots on 3580
demand. If a board so chooses, the board shall have prepared for 3581
each precinct at least five per cent more ballots for an election 3582
than the number specified below for that kind of election:3583

       (a) For a primary election or a special election held on the 3584
day of a primary election, the total number of electors in that 3585
precinct who voted in the primary election held four years 3586
previously;3587

       (b) For a general election or a special election held on the 3588
day of a general election, the total number of electors in that 3589
precinct who voted in the general election held four years 3590
previously;3591

       (c) For a special election held at any time other than on the 3592
day of a primary or general election, the total number of electors 3593
in that precinct who voted in the most recent primary or general 3594
election, whichever of those elections occurred in the precinct 3595
most recently.3596

       (2) If, after the board complies with the requirements of 3597
division (B)(1) of this section, the election officials of a 3598
precinct determine that the precinct will not have enough ballots 3599
to enable all the qualified electors in the precinct who wish to 3600
vote at a particular election to do so, the officials shall 3601
request that the board provide additional ballots, and the board 3602
shall provide enough additional ballots, to that precinct in a 3603
timely manner so that all qualified electors in that precinct who 3604
wish to vote at that election may do so.3605

       Sec. 3505.13.  A contract for the printing of ballots 3606
involving a cost in excess of ten thousand dollars shall not be 3607
let until after five days' notice published once in a newspaper of 3608
general circulation published in the county or upon notice given 3609
by mail by the board of elections, addressed to the responsible 3610
printing offices within the state. Except as otherwise provided in 3611
this section, each bid for such printing must be accompanied by a 3612
bond with at least two sureties, or a surety company, satisfactory 3613
to the board, in a sum double the amount of the bid, conditioned 3614
upon the faithful performance of the contract for such printing as 3615
is awarded and for the payment as damages by such bidder to the 3616
board of any excess of cost over the bid which it may be obliged 3617
to pay for such work by reason of the failure of the bidder to 3618
complete the contract. No bid unaccompanied by such bond shall be 3619
considered by the board. The board may, however, waive the 3620
requirement that each bid be accompanied by a bond if the cost of 3621
the contract is ten thousand dollars or less. The contract shall 3622
be let to the lowest responsible bidder in the state. All ballots 3623
shall be printed within the state.3624

       Sec. 3505.16.  Before the opening of the polls, the package 3625
of supplies and the ballot boxes shall be opened in the presence 3626
of the precinct officials. The ballot boxes, the package of 3627
ballots, registration forms, and other supplies shall at all times 3628
be in full sight of the observers, and no ballot box or unused 3629
ballots during the balloting or counting shall be removed or 3630
screened from their full sight until the counting has been closed 3631
and the final returns completed and the certificate signed by the 3632
judges.3633

       Sec. 3505.17.  If by accident or casualty the ballots or 3634
other required papers, lists, or supplies are lost or destroyed, 3635
or in case none are delivered at the polling place, or if during 3636
the time the polls are open additional ballots or supplies are 3637
required, the board of elections, upon requisition by telephone or 3638
in writing and signed by a majority of the election judges of the 3639
precinct stating why such additional supplies are needed, shall 3640
supply them as speedily as possible.3641

       Sec. 3505.18. (A)(1) When an elector appears in a polling 3642
place to vote, the elector shall announce to the precinct election 3643
officials the elector's full name and current address and provide 3644
proof of the elector's identity in the form of a current and valid 3645
photo identification, a military identification, or a copy of a 3646
current utility bill, bank statement, government check, paycheck, 3647
or other government document, other than a notice of an election 3648
mailed by a board of elections under section 3501.19 of the 3649
Revised Code or a notice of voter registration mailed by a board 3650
of elections under section 3503.19 of the Revised Code, that shows 3651
the name and current address of the elector. If the elector 3652
provides either a driver's license or a state identification card 3653
issued under section 4507.50 of the Revised Code that does not 3654
contain the elector's current residence address, the elector shall 3655
provide the last four digits of the elector's driver's license 3656
number or state identification card number, and the precinct 3657
election official shall mark the poll list or signature pollbook 3658
to indicate that the elector has provided a driver's license or 3659
state identification card number with a former address and record 3660
the last four digits of the elector's driver's license number or 3661
state identification card number.3662

       (2) If an elector has but is unable to provide to the 3663
precinct election officials any of the forms of identification 3664
required under division (A)(1) of this section, but has a social 3665
security number, the elector may provide the last four digits of 3666
the elector's social security number. Upon providing the social 3667
security number information, the elector may cast a provisional 3668
ballot under section 3505.181 of the Revised Code, the envelope of 3669
which ballot shall include that social security number 3670
information.3671

        (3) If an elector has but is unable to provide to the 3672
precinct election officials any of the forms of identification 3673
required under division (A)(1) of this section and if the elector 3674
has a social security number but is unable to provide the last 3675
four digits of the elector's social security number, the elector 3676
may cast a provisional ballot under section 3505.181 of the 3677
Revised Code.3678

       (4) If an elector does not have any of the forms of 3679
identification required under division (A)(1) of this section and 3680
cannot provide the last four digits of the elector's social 3681
security number because the elector does not have a social 3682
security number, the elector may execute an affirmation under 3683
penalty of election falsification that the elector cannot provide 3684
the identification required under that division or the last four 3685
digits of the elector's social security number for those reasons. 3686
Upon signing the affirmation, the elector may cast a provisional 3687
ballot under section 3505.181 of the Revised Code. The secretary 3688
of state shall prescribe the form of the affirmation, which shall 3689
include spaces for all of the following:3690

       (a) The elector's name;3691

       (b) The elector's address;3692

       (c) The current date;3693

       (d) The elector's date of birth;3694

       (e) The elector's signature.3695

       (5) If an elector does not have any of the forms of 3696
identification required under division (A)(1) of this section and 3697
cannot provide the last four digits of the elector's social 3698
security number because the elector does not have a social 3699
security number, and if the elector declines to execute an 3700
affirmation under division (A)(4) of this section, the elector may 3701
cast a provisional ballot under section 3505.181 of the Revised 3702
Code, the envelope of which ballot shall include the elector's 3703
name.3704

       (6) If an elector has but declines to provide to the precinct 3705
election officials any of the forms of identification required 3706
under division (A)(1) of this section or the elector has a social 3707
security number but declines to provide to the precinct election 3708
officials the last four digits of the elector's social security 3709
number, the elector may cast a provisional ballot under section 3710
3505.181 of the Revised Code.3711

       (B) After the elector has announced the elector's full name 3712
and current address and provided any of the forms of 3713
identification required under division (A)(1) of this section, the 3714
elector shall write the elector's name and address at the proper 3715
place in the poll list or signature pollbook provided for the 3716
purpose, except that if, for any reason, an elector is unable to 3717
write the elector's name and current address in the poll list or 3718
signature pollbook, the elector may make the elector's mark at the 3719
place intended for the elector's name, and a precinct election 3720
official shall write the name of the elector at the proper place 3721
on the poll list or signature pollbook following the elector's 3722
mark. The making of such a mark shall be attested by the precinct 3723
election official, who shall evidence the same by signing the 3724
precinct election official's name on the poll list or signature 3725
pollbook as a witness to the mark. Alternatively, if applicable, 3726
an attorney in fact acting pursuant to section 3501.382 of the 3727
Revised Code may sign the elector's signature in the poll list or 3728
signature pollbook in accordance with that section.3729

       The elector's signature in the poll list or signature 3730
pollbook then shall be compared with the elector's signature on 3731
the elector's registration form or a digitized signature list as 3732
provided for in section 3503.13 of the Revised Code, and if, in 3733
the opinion of a majority of the precinct election officials, the 3734
signatures are the signatures of the same person, the election 3735
officials shall enter the date of the election on the registration 3736
form or shall record the date by other means prescribed by the 3737
secretary of state. The validity of an attorney in fact's 3738
signature on behalf of an elector shall be determined in 3739
accordance with section 3501.382 of the Revised Code.3740

       If the right of the elector to vote is not then challenged, 3741
or, if being challenged, the elector establishes the elector's 3742
right to vote, the elector shall be allowed to proceed to use the 3743
voting machine. If voting machines are not being used in that 3744
precinct, the judge in charge of ballots shall then detach the 3745
next ballots to be issued to the elector from Stub B attached to 3746
each ballot, leaving Stub A attached to each ballot, hand the 3747
ballots to the elector, and call the elector's name and the stub 3748
number on each of the ballots. The judge shall enter the stub 3749
numbers opposite the signature of the elector in the pollbook. The 3750
elector shall then retire to one of the voting compartments to 3751
mark the elector's ballots. No mark shall be made on any ballot 3752
which would in any way enable any person to identify the person 3753
who voted the ballot.3754

       Sec. 3505.181.  (A) All of the following individuals shall be 3755
permitted to cast a provisional ballot at an election:3756

       (1) An individual who declares that the individual is a 3757
registered voter in the jurisdiction in which the individual 3758
desires to vote and that the individual is eligible to vote in an 3759
election, but the name of the individual does not appear on the 3760
official list of eligible voters for the polling place or an 3761
election official asserts that the individual is not eligible to 3762
vote;3763

       (2) An individual who has a social security number and 3764
provides to the election officials the last four digits of the 3765
individual's social security number as permitted by division 3766
(A)(2) of section 3505.18 of the Revised Code;3767

       (3) An individual who has but is unable to provide to the 3768
election officials any of the forms of identification required 3769
under division (A)(1) of section 3505.18 of the Revised Code and 3770
who has a social security number but is unable to provide the last 3771
four digits of the individual's social security number as 3772
permitted under division (A)(2) of that section;3773

       (4) An individual who does not have any of the forms of 3774
identification required under division (A)(1) of section 3505.18 3775
of the Revised Code, who cannot provide the last four digits of 3776
the individual's social security number under division (A)(2) of 3777
that section because the individual does not have a social 3778
security number, and who has executed an affirmation as permitted 3779
under division (A)(4) of that section;3780

       (5) An individual whose name in the poll list or signature 3781
pollbook has been marked under section 3509.09 or 3511.13 of the 3782
Revised Code as having requested an absent voter's ballot or an 3783
armed service absent voter's ballot for that election and who 3784
appears to vote at the polling place;3785

       (6) An individual whose notification of registration has been 3786
returned undelivered to the board of elections and whose name in 3787
the official registration list and in the poll list or signature 3788
pollbook has been marked under division (C)(2) of section 3503.19 3789
of the Revised Code;3790

       (7) An individual who is challenged under section 3505.20 of 3791
the Revised Code and the election officials determine that the 3792
person is ineligible to vote or are unable to determine the 3793
person's eligibility to vote;3794

       (8) An individual whose application or challenge hearing has 3795
been postponed until after the day of the election under division 3796
(D)(1) of section 3503.24 of the Revised Code;3797

       (9) An individual who changes the individual's name and 3798
remains within the precinct, moves from one precinct to another 3799
within a county, moves from one precinct to another and changes 3800
the individual's name, or moves from one county to another within 3801
the state, and completes and signs the required forms and 3802
statements under division (B) or (C) of section 3503.16 of the 3803
Revised Code;3804

       (10) An individual whose signature, in the opinion of the 3805
precinct officers under section 3505.22 of the Revised Code, is 3806
not that of the person who signed that name in the registration 3807
forms;3808

       (11) An individual who is challenged under section 3513.20 of 3809
the Revised Code who refuses to make the statement required under 3810
that section or who a majority of the precinct officials find 3811
lacks any of the qualifications to make the individual a qualified 3812
elector;3813

       (12) An individual who does not have any of the forms of 3814
identification required under division (A)(1) of section 3505.18 3815
of the Revised Code, who cannot provide the last four digits of 3816
the individual's social security number under division (A)(2) of 3817
that section because the person does not have a social security 3818
number, and who declines to execute an affirmation as permitted 3819
under division (A)(4) of that section;3820

       (13) An individual who has but declines to provide to the 3821
precinct election officials any of the forms of identification 3822
required under division (A)(1) of section 3501.18 of the Revised 3823
Code or who has a social security number but declines to provide 3824
to the precinct election officials the last four digits of the 3825
individual's social security number.3826

       (B) An individual who is eligible to cast a provisional 3827
ballot under division (A) of this section shall be permitted to 3828
cast a provisional ballot as follows:3829

       (1) An election official at the polling place shall notify 3830
the individual that the individual may cast a provisional ballot 3831
in that election.3832

       (2) The individual shall be permitted to cast a provisional 3833
ballot at that polling place upon the execution of a written 3834
affirmation by the individual before an election official at the 3835
polling place stating that the individual is both of the 3836
following:3837

       (a) A registered voter in the jurisdiction in which the 3838
individual desires to vote;3839

       (b) Eligible to vote in that election.3840

       (3) An election official at the polling place shall transmit 3841
the ballot cast by the individual, the voter information contained 3842
in the written affirmation executed by the individual under 3843
division (B)(2) of this section, or the individual's name if the 3844
individual declines to execute such an affirmation to an 3845
appropriate local election official for verification under 3846
division (B)(4) of this section.3847

       (4) If the appropriate local election official to whom the 3848
ballot or voter or address information is transmitted under 3849
division (B)(3) of this section determines that the individual is 3850
eligible to vote, the individual's provisional ballot shall be 3851
counted as a vote in that election.3852

       (5)(a) At the time that an individual casts a provisional 3853
ballot, the appropriate local election official shall give the 3854
individual written information that states that any individual who 3855
casts a provisional ballot will be able to ascertain under the 3856
system established under division (B)(5)(b) of this section 3857
whether the vote was counted, and, if the vote was not counted, 3858
the reason that the vote was not counted.3859

       (b) The appropriate state or local election official shall 3860
establish a free access system, in the form of a toll-free 3861
telephone number, that any individual who casts a provisional 3862
ballot may access to discover whether the vote of that individual 3863
was counted, and, if the vote was not counted, the reason that the 3864
vote was not counted. The free access system established under 3865
this division also shall provide to an individual whose 3866
provisional ballot was not counted information explaining how that 3867
individual may contact the board of elections to register to vote 3868
or to resolve problems with the individual's voter registration.3869

       The appropriate state or local election official shall 3870
establish and maintain reasonable procedures necessary to protect 3871
the security, confidentiality, and integrity of personal 3872
information collected, stored, or otherwise used by the free 3873
access system established under this division. Access to 3874
information about an individual ballot shall be restricted to the 3875
individual who cast the ballot.3876

       (6) If, at the time that an individual casts a provisional 3877
ballot, the individual provides identification in the form of a 3878
current and valid photo identification, a military identification, 3879
or a copy of a current utility bill, bank statement, government 3880
check, paycheck, or other government document, other than a notice 3881
of an election mailed by a board of elections under section 3882
3501.19 of the Revised Code or a notice of voter registration 3883
mailed by a board of elections under section 3503.19 of the 3884
Revised Code, that shows the individual's name and current 3885
address, or provides the last four digits of the individual's 3886
social security number, or executes an affirmation that the 3887
elector does not have any of those forms of identification or the 3888
last four digits of the individual's social security number 3889
because the individual does not have a social security number, or 3890
declines to execute such an affirmation, the appropriate local 3891
election official shall record the type of identification 3892
provided, the social security number information, the fact that 3893
the affirmation was executed, or the fact that the individual 3894
declined to execute such an affirmation and include that 3895
information with the transmission of the ballot or voter or 3896
address information under division (B)(3) of this section. If the 3897
individual declines to execute such an affirmation, the 3898
appropriate local election official shall record the individual's 3899
name and include that information with the transmission of the 3900
ballot under division (B)(3) of this section.3901

       (7) If an individual casts a provisional ballot pursuant to 3902
division (A)(3), (7), (8), (12), or (13) of this section, the 3903
election official shall indicate, on the provisional ballot 3904
verification statement required under section 3505.182 of the 3905
Revised Code, that the individual is required to provide 3906
additional information to the board of elections or that an 3907
application or challenge hearing has been postponed with respect 3908
to the individual, such that additional information is required 3909
for the board of elections to determine the eligibility of the 3910
individual who cast the provisional ballot.3911

       (8) During the ten days after the day of an election, an 3912
individual who casts a provisional ballot pursuant to division 3913
(A)(3), (7), (12), or (13) of this section shall appear at the 3914
office of the board of elections and provide to the board any 3915
additional information necessary to determine the eligibility of 3916
the individual who cast the provisional ballot.3917

       (a) For a provisional ballot cast pursuant to division 3918
(A)(3), (12), or (13) of this section to be eligible to be 3919
counted, the individual who cast that ballot, within ten days 3920
after the day of the election, shall do any of the following:3921

       (i) Provide to the board of elections proof of the 3922
individual's identity in the form of a current and valid photo 3923
identification, a military identification, or a copy of a current 3924
utility bill, bank statement, government check, paycheck, or other 3925
government document, other than a notice of an election mailed by 3926
a board of elections under section 3501.19 of the Revised Code or 3927
a notice of voter registration mailed by a board of elections 3928
under section 3503.19 of the Revised Code, that shows the 3929
individual's name and current address;3930

       (ii) Provide to the board of elections the last four digits 3931
of the individual's social security number;3932

       (iii) In the case of a provisional ballot executed pursuant 3933
to division (A)(12) of this section, execute an affirmation as 3934
permitted under division (A)(4) of section 3505.18 of the Revised 3935
Code.3936

       (b) For a provisional ballot cast pursuant to division (A)(7) 3937
of this section to be eligible to be counted, the individual who 3938
cast that ballot, within ten days after the day of that election, 3939
shall provide to the board of elections any identification or 3940
other documentation required to be provided by the applicable 3941
challenge questions asked of that individual under section 3505.20 3942
of the Revised Code.3943

       (C)(1) If an individual declares that the individual is 3944
eligible to vote in a jurisdiction other than the jurisdiction in 3945
which the individual desires to vote, or if, upon review of the 3946
precinct voting location guide using the residential street 3947
address provided by the individual, an election official at the 3948
polling place at which the individual desires to vote determines 3949
that the individual is not eligible to vote in that jurisdiction, 3950
the election official shall direct the individual to the polling 3951
place for the jurisdiction in which the individual appears to be 3952
eligible to vote, explain that the individual may cast a 3953
provisional ballot at the current location but the ballot will not 3954
be counted if it is cast in the wrong precinct, and provide the 3955
telephone number of the board of elections in case the individual 3956
has additional questions.3957

       (2) If the individual refuses to travel to the polling place 3958
for the correct jurisdiction or to the office of the board of 3959
elections to cast a ballot, the individual shall be permitted to 3960
vote a provisional ballot at that jurisdiction in accordance with 3961
division (B) of this section. If any of the following apply, the 3962
provisional ballot cast by that individual shall not be opened or 3963
counted:3964

       (a) The individual is not properly registered in that 3965
jurisdiction.3966

       (b) The individual is not eligible to vote in that election 3967
in that jurisdiction.3968

       (c) The individual's eligibility to vote in that jurisdiction 3969
in that election cannot be established upon examination of the 3970
records on file with the board of elections.3971

       (D) The appropriate local election official shall cause 3972
voting information to be publicly posted at each polling place on 3973
the day of each election.3974

       (E) As used in this section and sections 3505.182 and 3975
3505.183 of the Revised Code:3976

       (1) "Jurisdiction" means the precinct in which a person is a 3977
legally qualified elector.3978

       (2) "Precinct voting location guide" means either of the 3979
following:3980

        (a) An electronic or paper record that lists the correct 3981
jurisdiction and polling place for either each specific 3982
residential street address in the county or the range of 3983
residential street addresses located in each neighborhood block in 3984
the county;3985

        (b) Any other method that a board of elections creates that 3986
allows a precinct election official or any elector who is at a 3987
polling place in that county to determine the correct jurisdiction 3988
and polling place of any qualified elector who resides in the 3989
county.3990

        (3) "Voting information" means all of the following:3991

       (a) A sample version of the ballot that will be used for that 3992
election;3993

       (b) Information regarding the date of the election and the 3994
hours during which polling places will be open;3995

       (c) Instructions on how to vote, including how to cast a vote 3996
and how to cast a provisional ballot;3997

       (d) Instructions for mail-in registrants and first-time 3998
voters under applicable federal and state laws;3999

       (e) General information on voting rights under applicable 4000
federal and state laws, including information on the right of an 4001
individual to cast a provisional ballot and instructions on how to 4002
contact the appropriate officials if these rights are alleged to 4003
have been violated;4004

       (f) General information on federal and state laws regarding 4005
prohibitions against acts of fraud and misrepresentation.4006

       Sec. 3505.182.  Each individual who casts a provisional 4007
ballot under section 3505.181 of the Revised Code shall execute a 4008
written affirmation. The form of the written affirmation shall be 4009
printed upon the face of the provisional ballot envelope and shall 4010
be substantially as follows:4011

"Provisional Ballot Affirmation
4012

STATE OF OHIO4013

       I, .................... (Name of provisional voter), solemnly 4014
swear or affirm that I am a registered voter in the jurisdiction 4015
in which I am voting this provisional ballot and that I am 4016
eligible to vote in the election in which I am voting this 4017
provisional ballot.4018

       I understand that, if the above-provided information is not 4019
fully completed and correct, if the board of elections determines 4020
that I am not registered to vote, a resident of this precinct, or 4021
eligible to vote in this election, or if the board of elections 4022
determines that I have already voted in this election, my 4023
provisional ballot will not be counted. I further understand that 4024
knowingly providing false information is a violation of law and 4025
subjects me to possible criminal prosecution.4026

       I hereby declare, under penalty of election falsification, 4027
that the above statements are true and correct to the best of my 4028
knowledge and belief.4029

4030
(Signature of Voter) 4031
4032
(Voter's date of birth) 4033

The last four digits of the voter's social security number 4034
4035
(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) 4036

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 4037
OF THE FIFTH DEGREE.4038

Additional Information For Determining Ballot Validity
4039

(May be completed at voter's discretion)
4040

Voter's current address: 4041
Voter's former address if photo identification does not contain voter's current address 4042
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 4043
(Please circle number type) 4044
(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.) 4045
Reason for voting provisional ballot (Check one): 4046
     ..... Requested, but did not receive, absent voter's ballot 4047
     ..... Other 4048

Verification Statement
4049

(To be completed by election official)
4050

       The Provisional Ballot Affirmation printed above was 4051
subscribed and affirmed before me this .......... day of 4052
.......... (Month), .......... (Year).4053

       (If applicable, the election official must check the 4054
following true statement concerning additional information needed 4055
to determine the eligibility of the provisional voter.) 4056

       ...... The provisional voter is required to provide 4057
additional information to the board of elections.4058

       ...... An application or challenge hearing regarding this 4059
voter has been postponed until after the election. 4060

       (The election official must check the following true 4061
statement concerning identification provided by the provisional 4062
voter, if any.)4063

       ...... The provisional voter provided a current and valid 4064
photo identification.4065

       ...... The provisional voter provided a current valid photo 4066
identification, other than a driver's license or a state 4067
identification card, with the voter's former address instead of 4068
current address and has provided the election official both the 4069
current and former addresses.4070

       ...... The provisional voter provided a military 4071
identification or a copy of a current utility bill, bank 4072
statement, government check, paycheck, or other government 4073
document, other than a notice of an election mailed by a board of 4074
elections under section 3501.19 of the Revised Code or a notice of 4075
voter registration mailed by a board of elections under section 4076
3503.19 of the Revised Code, with the voter's name and current 4077
address.4078

       ...... The provisional voter provided the last four digits of 4079
the voter's social security number.4080

       ...... The provisional voter is not able to provide a current 4081
and valid photo identification, a military identification, or a 4082
copy of a current utility bill, bank statement, government check, 4083
paycheck, or other government document, other than a notice of an 4084
election mailed by a board of elections under section 3501.19 of 4085
the Revised Code or a notice of voter registration mailed by a 4086
board of elections under section 3503.19 of the Revised Code, with 4087
the voter's name and current address but does have one of these 4088
forms of identification. The provisional voter must provide one of 4089
the foregoing items of identification to the board of elections 4090
within ten days after the election.4091

       ..... The provisional voter is not able to provide a current 4092
and valid photo identification, a military identification, or a 4093
copy of a current utility bill, bank statement, government check, 4094
paycheck, or other government document, other than a notice of an 4095
election mailed by a board of elections under section 3501.19 of 4096
the Revised Code or a notice of voter registration mailed by a 4097
board of elections under section 3503.19 of the Revised Code, with 4098
the voter's name and current address but does have one of these 4099
forms of identification. Additionally, the provisional voter does 4100
have a social security number but is not able to provide the last 4101
four digits of the voter's social security number before voting. 4102
The provisional voter must provide one of the foregoing items of 4103
identification or the last four digits of the voter's social 4104
security number to the board of elections within ten days after 4105
the election.4106

       ..... The provisional voter does not have a current and valid 4107
photo identification, a military identification, a copy of a 4108
current utility bill, bank statement, government check, paycheck, 4109
or other government document with the voter's name and current 4110
address, or a social security number, but has executed an 4111
affirmation.4112

       ..... The provisional voter does not have a current and valid 4113
photo identification, a military identification, a copy of a 4114
current utility bill, bank statement, government check, paycheck, 4115
or other government document with the voter's name and current 4116
address, or a social security number, and has declined to execute 4117
an affirmation.4118

       ..... The provisional voter declined to provide a current and 4119
valid photo identification, a military identification, a copy of a 4120
current utility bill, bank statement, government check, paycheck, 4121
or other government document with the voter's name and current 4122
address, or the last four digits of the voter's social security 4123
number but does have one of these forms of identification or a 4124
social security number. The provisional voter must provide one of 4125
the foregoing items of identification or the last four digits of 4126
the voter's social security number to the board of elections 4127
within ten days after the election.4128

4129
(Signature of Election Official)" 4130

       In addition to any information required to be included on the 4131
written affirmation, an individual casting a provisional ballot 4132
may provide additional information to the election official to 4133
assist the board of elections in determining the individual's 4134
eligibility to vote in that election, including the date and 4135
location at which the individual registered to vote, if known.4136

       If the individual declines to execute the affirmation, an 4137
appropriate local election official shall comply with division 4138
(B)(6) of section 3505.181 of the Revised Code.4139

       Sec. 3505.183.  (A) When the ballot boxes are delivered to 4140
the board of elections from the precincts, the board shall 4141
separate the provisional ballot envelopes from the rest of the 4142
ballots. Teams of employees of the board consisting of one member 4143
of each major political party shall place the sealed provisional 4144
ballot envelopes in a secure location within the office of the 4145
board. The sealed provisional ballot envelopes shall remain in 4146
that secure location until the validity of those ballots is 4147
determined under division (B) of this section. While the 4148
provisional ballot is stored in that secure location, and prior to 4149
the counting of the provisional ballots, if the board receives 4150
information regarding the validity of a specific provisional 4151
ballot under division (B) of this section, the board may note, on 4152
the sealed provisional ballot envelope for that ballot, whether 4153
the ballot is valid and entitled to be counted.4154

       (B)(1) To determine whether a provisional ballot is valid and 4155
entitled to be counted, the board shall examine its records and 4156
determine whether the individual who cast the provisional ballot 4157
is registered and eligible to vote in the applicable election. The 4158
board shall examine the information contained in the written 4159
affirmation executed by the individual who cast the provisional 4160
ballot under division (B)(2) of section 3505.181 of the Revised 4161
Code. If the individual declines to execute such an affirmation, 4162
the individual's name, written by either the individual or the 4163
election official at the direction of the individual, shall be 4164
included in a written affirmation in order for the provisional 4165
ballot to be eligible to be counted; otherwise, the following 4166
information shall be included in the written affirmation in order 4167
for the provisional ballot to be eligible to be counted:4168

       (a) The individual's name and signature;4169

       (b) A statement that the individual is a registered voter in 4170
the jurisdiction in which the provisional ballot is being voted;4171

       (c) A statement that the individual is eligible to vote in 4172
the election in which the provisional ballot is being voted.4173

       (2) In addition to the information required to be included in 4174
an affirmation under division (B)(1) of this section, in 4175
determining whether a provisional ballot is valid and entitled to 4176
be counted, the board also shall examine any additional 4177
information for determining ballot validity provided by the 4178
provisional voter on the affirmation, provided by the provisional 4179
voter to an election official under section 3505.182 of the 4180
Revised Code, or provided to the board of elections during the ten 4181
days after the day of the election under division (B)(8) of 4182
section 3505.181 of the Revised Code, to assist the board in 4183
determining the individual's eligibility to vote.4184

       (3) If, in examining a provisional ballot affirmation and 4185
additional information under divisions (B)(1) and (2) of this 4186
section and comparing the information required under division 4187
(B)(1) of this section with the elector's information in the 4188
statewide voter registration database, the board determines that 4189
all of the following apply, the provisional ballot envelope shall 4190
be opened, and the ballot shall be placed in a ballot box to be 4191
counted:4192

       (a) The individual named on the affirmation is properly 4193
registered to vote.4194

       (b) The individual named on the affirmation is eligible to 4195
cast a ballot in the precinct and for the election in which the 4196
individual cast the provisional ballot.4197

       (c) The individual provided all of the information required 4198
under division (B)(1) of this section in the affirmation that the 4199
individual executed at the time the individual cast the 4200
provisional ballot.4201

       (d) The last four digits of the elector's social security 4202
number or the elector's driver's license number or state 4203
identification number are not different from the last four digits 4204
of the elector's social security number or the elector's driver's 4205
license number or state identification number contained in the 4206
statewide voter registration database.4207

       (e) If applicable, the individual provided any additional 4208
information required under division (B)(8) of section 3505.181 of 4209
the Revised Code within ten days after the day of the election.4210

       (f) If applicable, the hearing conducted under division (B) 4211
of section 3503.24 of the Revised Code after the day of the 4212
election resulted in the individual's inclusion in the official 4213
registration list.4214

       (4)(a) If, in examining a provisional ballot affirmation and 4215
additional information under divisions (B)(1) and (2) of this 4216
section and comparing the information required under division 4217
(B)(1) of this section with the elector's information in the 4218
statewide voter registration database, the board determines that 4219
any of the following applies, the provisional ballot envelope 4220
shall not be opened, and the ballot shall not be counted:4221

       (i) The individual named on the affirmation is not qualified 4222
or is not properly registered to vote.4223

       (ii) The individual named on the affirmation is not eligible 4224
to cast a ballot in the precinct or for the election in which the 4225
individual cast the provisional ballot.4226

       (iii) The individual did not provide all of the information 4227
required under division (B)(1) of this section in the affirmation 4228
that the individual executed at the time the individual cast the 4229
provisional ballot.4230

       (iv) The individual has already cast a ballot for the 4231
election in which the individual cast the provisional ballot.4232

       (v) If applicable, the individual did not provide any 4233
additional information required under division (B)(8) of section 4234
3505.181 of the Revised Code within ten days after the day of the 4235
election.4236

       (vi) If applicable, the hearing conducted under division (B) 4237
of section 3503.24 of the Revised Code after the day of the 4238
election did not result in the individual's inclusion in the 4239
official registration list.4240

       (vii) The individual failed to provide a current and valid 4241
photo identification, a military identification, a copy of a 4242
current utility bill, bank statement, government check, paycheck, 4243
or other government document, other than a notice of an election 4244
mailed by a board of elections under section 3501.19 of the 4245
Revised Code or a notice of voter registration mailed by a board 4246
of elections under section 3503.19 of the Revised Code, with the 4247
voter's name and current address, or the last four digits of the 4248
individual's social security number or to execute an affirmation 4249
under division (A) of section 3505.18 or division (B) of section 4250
3505.181 of the Revised Code.4251

       (viii) The last four digits of the elector's social security 4252
number or the elector's driver's license number or state 4253
identification number are different from the last four digits of 4254
the elector's social security number or the elector's driver's 4255
license number or state identification number contained in the 4256
statewide voter registration database.4257

       (b) If, in examining a provisional ballot affirmation and 4258
additional information under divisions (B)(1) and (2) of this 4259
section and comparing the information required under division 4260
(B)(1) of this section with the elector's information in the 4261
statewide voter registration database, the board is unable to 4262
determine either of the following, the provisional ballot envelope 4263
shall not be opened, and the ballot shall not be counted:4264

       (i) Whether the individual named on the affirmation is 4265
qualified or properly registered to vote;4266

       (ii) Whether the individual named on the affirmation is 4267
eligible to cast a ballot in the precinct or for the election in 4268
which the individual cast the provisional ballot.4269

       (C)(1) For each provisional ballot rejected under division 4270
(B)(4) of this section, the board shall record the name of the 4271
provisional voter who cast the ballot, the identification number 4272
of the provisional ballot envelope, the names of the election 4273
officials who determined the validity of that ballot, the date and 4274
time that the determination was made, and the reason that the 4275
ballot was not counted.4276

       (2) Provisional ballots that are rejected under division 4277
(B)(4) of this section shall not be counted but shall be preserved 4278
in their provisional ballot envelopes unopened until the time 4279
provided by section 3505.31 of the Revised Code for the 4280
destruction of all other ballots used at the election for which 4281
ballots were provided, at which time they shall be destroyed.4282

       (D) Provisional ballots that the board determines are 4283
eligible to be counted under division (B)(3) of this section shall 4284
be counted in the same manner as provided for other ballots under 4285
section 3505.27 of the Revised Code. No provisional ballots shall 4286
be counted in a particular county until the board determines the 4287
eligibility to be counted of all provisional ballots cast in that 4288
county under division (B) of this section for that election. 4289
Observers, as provided in section 3505.21 of the Revised Code, may 4290
be present at all times that the board is determining the 4291
eligibility of provisional ballots to be counted and counting 4292
those provisional ballots determined to be eligible. No person 4293
shall recklessly disclose the count or any portion of the count of 4294
provisional ballots in such a manner as to jeopardize the secrecy 4295
of any individual ballot.4296

       (E)(1) Except as otherwise provided in division (E)(2) of 4297
this section, nothing in this section shall prevent a board of 4298
elections from examining provisional ballot affirmations and 4299
additional information under divisions (B)(1) and (2) of this 4300
section to determine the eligibility of provisional ballots to be 4301
counted during the ten days after the day of an election.4302

       (2) A board of elections shall not examine the provisional 4303
ballot affirmation and additional information under divisions 4304
(B)(1) and (2) of this section of any provisional ballot for which 4305
an election official has indicated under division (B)(7) of 4306
section 3505.181 of the Revised Code that additional information 4307
is required for the board of elections to determine the 4308
eligibility of the individual who cast that provisional ballot 4309
until the individual provides any information required under 4310
division (B)(8) of section 3505.181 of the Revised Code, until any 4311
hearing required to be conducted under section 3503.24 of the 4312
Revised Code with regard to the provisional voter is held, or 4313
until the eleventh day after the day of the election, whichever is 4314
earlier.4315

       Sec. 3505.20.  Any person offering to vote may be challenged 4316
at the polling place by any judge of elections. If the board of 4317
elections has ruled on the question presented by a challenge prior 4318
to election day, its finding and decision shall be final, and the 4319
presiding judge shall be notified in writing. If the board has not 4320
ruled, the question shall be determined as set forth in this 4321
section. If any person is so challenged as unqualified to vote, 4322
the presiding judge shall tender the person the following oath: 4323
"You do swear or affirm under penalty of election falsification 4324
that you will fully and truly answer all of the following 4325
questions put to you concerning your qualifications as an elector 4326
at this election."4327

       (A) If the person is challenged as unqualified on the ground 4328
that the person is not a citizen, the judges shall put the 4329
following questions:4330

       (1) Are you a citizen of the United States?4331

       (2) Are you a native or naturalized citizen?4332

       (3) Where were you born?4333

       (4) What official documentation do you possess to prove your 4334
citizenship? Please provide that documentation.4335

       If the person offering to vote claims to be a naturalized 4336
citizen of the United States, the person shall, before the vote is 4337
received, produce for inspection of the judges a certificate of 4338
naturalization and declare under oath that the person is the 4339
identical person named in the certificate. If the person states 4340
under oath that, by reason of the naturalization of the person's 4341
parents or one of them, the person has become a citizen of the 4342
United States, and when or where the person's parents were 4343
naturalized, the certificate of naturalization need not be 4344
produced. If the person is unable to provide a certificate of 4345
naturalization on the day of the election, the judges shall 4346
provide to the person, and the person may vote, a provisional 4347
ballot under section 3505.181 of the Revised Code. The provisional 4348
ballot shall not be counted unless it is properly completed and 4349
the board of elections determines that the voter is properly 4350
registered and eligible to vote in the election.4351

       (B) If the person is challenged as unqualified on the ground 4352
that the person has not resided in this state for thirty days 4353
immediately preceding the election, the judges shall put the 4354
following questions:4355

       (1) Have you resided in this state for thirty days 4356
immediately preceding this election? If so, where have you 4357
resided? 4358

        (2) Did you properly register to vote?4359

       (3) Can you provide some form of identification containing 4360
your current mailing address in this precinct? Please provide that 4361
identification.4362

       (4) Have you voted or attempted to vote at any other location 4363
in this or in any other state at this election?4364

       (5) Have you applied for an absent voter's ballot in any 4365
state for this election?4366

       If the judges are unable to verify the person's eligibility 4367
to cast a ballot in the election, the judges shall provide to the 4368
person, and the person may vote, a provisional ballot under 4369
section 3505.181 of the Revised Code. The provisional ballot shall 4370
not be counted unless it is properly completed and the board of 4371
elections determines that the voter is properly registered and 4372
eligible to vote in the election.4373

       (C) If the person is challenged as unqualified on the ground 4374
that the person is not a resident of the precinct where the person 4375
offers to vote, the judges shall put the following questions:4376

       (1) Do you reside in this precinct?4377

       (2) When did you move into this precinct?4378

       (3) When you came into this precinct, did you come for a 4379
temporary purpose merely or for the purpose of making it your 4380
home?4381

       (4) What is your current mailing address?4382

       (5) Do you have some official identification containing your 4383
current address in this precinct? Please provide that 4384
identification.4385

       (6) Have you voted or attempted to vote at any other location 4386
in this or in any other state at this election?4387

       (7) Have you applied for any absent voter's ballot in any 4388
state for this election?4389

       The judges shall direct an individual who is not in the 4390
appropriate polling place to the appropriate polling place. If the 4391
individual refuses to go to the appropriate polling place, or if 4392
the judges are unable to verify the person's eligibility to cast a 4393
ballot in the election, the judges shall provide to the person, 4394
and the person may vote, a provisional ballot under section 4395
3505.181 of the Revised Code. The provisional ballot shall not be 4396
counted unless it is properly completed and the board of elections 4397
determines that the voter is properly registered and eligible to 4398
vote in the election.4399

       (D) If the person is challenged as unqualified on the ground 4400
that the person is not of legal voting age, the judges shall put 4401
the following questions:4402

       (1) Are you eighteen years of age or more?4403

       (2) What is your date of birth?4404

       (3) Do you have some official identification verifying your 4405
age? Please provide that identification.4406

       If the judges are unable to verify the person's age and 4407
eligibility to cast a ballot in the election, the judges shall 4408
provide to the person, and the person may vote, a provisional 4409
ballot under section 3505.181 of the Revised Code. The provisional 4410
ballot shall not be counted unless it is properly completed and 4411
the board of elections determines that the voter is properly 4412
registered and eligible to vote in the election.4413

       The presiding judge shall put such other questions to the 4414
person challenged as are necessary to determine the person's 4415
qualifications as an elector at the election. If a person 4416
challenged refuses to answer fully any question put to the person, 4417
is unable to answer the questions as they were answered on the 4418
registration form by the person under whose name the person offers 4419
to vote, or refuses to sign the person's name or make the person's 4420
mark, or if for any other reason a majority of the judges believes 4421
the person is not entitled to vote, the judges shall provide to 4422
the person, and the person may vote, a provisional ballot under 4423
section 3505.181 of the Revised Code. The provisional ballot shall 4424
not be counted unless it is properly completed and the board of 4425
elections determines that the voter is properly registered and 4426
eligible to vote in the election.4427

       A qualified citizen who has certified the citizen's intention 4428
to vote for president and vice-president as provided by Chapter 4429
3504. of the Revised Code shall be eligible to receive only the 4430
ballot containing presidential and vice-presidential candidates.4431

       However, prior to the nineteenth day before the day of an 4432
election and in accordance with section 3503.24 of the Revised 4433
Code, any person qualified to vote may challenge the right of any 4434
other person to be registered as a voter, or the right to cast an 4435
absent voter's ballot, or to make application for such ballot. 4436
Such challenge shall be made in accordance with section 3503.24 of 4437
the Revised Code, and the board of elections of the county in 4438
which the voting residence of the challenged voter is situated 4439
shall make a final determination relative to the legality of such 4440
registration or application.4441

       Sec. 3505.21.  At any primary, special, or general election, 4442
any political party supporting candidates to be voted upon at such 4443
election and any group of five or more candidates may appoint to 4444
the board of elections or to any of the precincts in the county or 4445
city one person, a qualified elector, who shall serve as observer 4446
for such party or such candidates during the casting and counting 4447
of the ballots; provided that separate observers may be appointed 4448
to serve during the casting and during the counting of the 4449
ballots. No candidate, no uniformed peace officer as defined by 4450
section 2935.01 of the Revised Code, no uniformed state highway 4451
patrol trooper, no uniformed member of any fire department, no 4452
uniformed member of the armed services, no uniformed member of the 4453
organized militia, no person wearing any other uniform, and no 4454
person carrying a firearm or other deadly weapon shall serve as an 4455
observer, nor shall any candidate be represented by more than one 4456
observer at any one precinct except that a candidate who is a 4457
member of a party controlling committee, as defined in section 4458
3517.03 of the Revised Code, may serve as an observer. Any 4459
political party or group of candidates appointing observers shall 4460
notify the board of elections of the names and addresses of its 4461
appointees and the precincts at which they shall serve. 4462
Notification shall take place not less than eleven days before the 4463
election on forms prescribed by the secretary of state and may be 4464
amended by filing an amendment with the board of elections at any 4465
time until four p.m. of the day before the election. The observer 4466
serving on behalf of a political party shall be appointed in 4467
writing by the chairperson and secretary of the respective 4468
controlling party committee. Observers serving for any five or 4469
more candidates shall have their certificates signed by those 4470
candidates. Observers appointed to a precinct may file their 4471
certificates of appointment with the presiding judge of the 4472
precinct at the meeting on the evening prior to the election, or 4473
with the presiding judge of the precinct on the day of the 4474
election. Upon the filing of a certificate, the person named as 4475
observer in the certificate shall be permitted to be in and about 4476
the polling place for the precinct during the casting of the 4477
ballots and shall be permitted to watch every proceeding of the 4478
judges of elections from the time of the opening until the closing 4479
of the polls. The observer also may inspect the counting of all 4480
ballots in the polling place or board of elections from the time 4481
of the closing of the polls until the counting is completed and 4482
the final returns are certified and signed. Observers appointed to 4483
the board of elections under this section may observe at the board 4484
of elections and may observe at any precinct in the county. The 4485
judges of elections shall protect such observers in all of the 4486
rights and privileges granted to them by Title XXXV of the Revised 4487
Code.4488

       No persons other than the judges of elections, the observers, 4489
a police officer, other persons who are detailed to any precinct 4490
on request of the board of elections, or the secretary of state or 4491
the secretary of state's legal representative shall be admitted to 4492
the polling place, or any room in which a board of elections is 4493
counting ballots, after the closing of the polls until the 4494
counting, certifying, and signing of the final returns of each 4495
election have been completed.4496

       Not later than four p.m. of the twentieth day prior to an 4497
election at which questions are to be submitted to a vote of the 4498
people, any committee that in good faith advocates or opposes a 4499
measure may file a petition with the board of any county asking 4500
that the petitioners be recognized as the committee entitled to 4501
appoint observers to the count at the election. If more than one 4502
committee alleging themselves to advocate or oppose the same 4503
measure file such a petition, the board shall decide and announce 4504
by registered mail to each committee not less than twelve days 4505
immediately preceding the election which committee is recognized 4506
as being entitled to appoint observers. The decision shall not be 4507
final, but any aggrieved party may institute mandamus proceedings 4508
in the court of common pleas of the county in which the board has 4509
jurisdiction to compel the judges of elections to accept the 4510
appointees of such aggrieved party. Any such recognized committee 4511
may appoint an observer to the count in each precinct. Committees 4512
appointing observers shall notify the board of elections of the 4513
names and addresses of its appointees and the precincts at which 4514
they shall serve. Notification shall take place not less than 4515
eleven days before the election on forms prescribed by the 4516
secretary of state and may be amended by filing an amendment with 4517
the board of elections at any time until four p.m. on the day 4518
before the election. A person so appointed shall file the person's 4519
certificate of appointment with the presiding judge in the 4520
precinct in which the person has been appointed to serve. 4521
Observers shall file their certificates before the polls are 4522
closed. In no case shall more than six observers be appointed for 4523
any one election in any one precinct. If more than three questions 4524
are to be voted on, the committees which have appointed observers 4525
may agree upon not to exceed six observers, and the judges of 4526
elections shall appoint such observers. If such committees fail to 4527
agree, the judges of elections shall appoint six observers from 4528
the appointees so certified, in such manner that each side of the 4529
several questions shall be represented.4530

       No person shall serve as an observer at any precinct unless 4531
the board of elections of the county in which such observer is to 4532
serve has first been notified of the name, address, and precinct 4533
at which such observer is to serve. Notification to the board of 4534
elections shall be given by the political party, group of 4535
candidates, or committee appointing such observer as prescribed in 4536
this section. No such observers shall receive any compensation 4537
from the county, municipal corporation, or township, and they 4538
shall take the following oath, to be administered by one of the 4539
judges of elections:4540

       "You do solemnly swear that you will faithfully and 4541
impartially discharge the duties as an official observer, assigned 4542
by law; that you will not cause any delay to persons offering to 4543
vote; and that you will not disclose or communicate to any person 4544
how any elector has voted at such election."4545

       Sec. 3505.23.  No voter shall be allowed to occupy a voting 4546
compartment or use a voting machine more than five minutes when 4547
all the voting compartments or machines are in use and voters are 4548
waiting to occupy them. Except as otherwise provided by section 4549
3505.24 of the Revised Code, no voter shall occupy a voting 4550
compartment or machine with another person or speak to anyone, nor 4551
shall anyone speak to the voter, while the voter is in a voting 4552
compartment or machine.4553

       In precincts that do not use voting machines the following 4554
procedure shall be followed:4555

       If a voter tears, soils, defaces, or erroneously marks a 4556
ballot the voter may return it to the precinct election officials 4557
and a second ballot shall be issued to the voter. Before returning 4558
a torn, soiled, defaced, or erroneously marked ballot, the voter 4559
shall fold it so as to conceal any marks the voter made upon it, 4560
but the voter shall not remove Stub A therefrom. If the voter 4561
tears, soils, defaces, or erroneously marks such second ballot, 4562
the voter may return it to the precinct election officials, and a 4563
third ballot shall be issued to the voter. In no case shall more 4564
than three ballots be issued to a voter. Upon receiving a returned 4565
torn, soiled, defaced, or erroneously marked ballot the precinct 4566
election officials shall detach Stub A therefrom, write "Defaced" 4567
on the back of such ballot, and place the stub and the ballot in 4568
the separate containers provided therefor.4569

       No elector shall leave the polling place until the elector 4570
returns to the precinct election officials every ballot issued to 4571
the elector with Stub A on each ballot attached thereto, 4572
regardless of whether the elector has or has not placed any marks 4573
upon the ballot.4574

       Before leaving the voting compartment, the voter shall fold 4575
each ballot marked by the voter so that no part of the face of the 4576
ballot is visible, and so that the printing thereon indicating the 4577
kind of ballot it is and the facsimile signatures of the members 4578
of the board of elections are visible. The voter shall then leave 4579
the voting compartment, deliver the voter's ballots, and state the 4580
voter's name to the judge having charge of the ballot boxes, who 4581
shall announce the name, detach Stub A from each ballot, and 4582
announce the number on the stubs. The judges in charge of the poll 4583
lists or poll books shall check to ascertain whether the number so 4584
announced is the number on Stub B of the ballots issued to such 4585
voter, and if no discrepancy appears to exist, the judge in charge 4586
of the ballot boxes shall, in the presence of the voter, deposit 4587
each such ballot in the proper ballot box and shall place Stub A 4588
from each ballot in the container provided therefor. The voter 4589
shall then immediately leave the polling place.4590

       No ballot delivered by a voter to the judge in charge of the 4591
ballot boxes with Stub A detached therefrom, and only ballots 4592
provided in accordance with Title XXXV of the Revised Code, shall 4593
be voted or deposited in the ballot boxes.4594

       In marking a presidential ballot, the voter shall record the 4595
vote in the manner provided on the ballot next to the names of the 4596
candidates for the offices of president and vice-president. Such 4597
ballot shall be considered and counted as a vote for each of the 4598
candidates for election as presidential elector whose names were 4599
certified to the secretary of state by the political party of such 4600
nominees for president and vice-president.4601

       In marking an office type ballot or nonpartisan ballot, the 4602
voter shall record the vote in the manner provided on the ballot 4603
next to the name of each candidate for whom the voter desires to 4604
vote.4605

       In marking a primary election ballot, the voter shall record 4606
the vote in the manner provided on the ballot next to the name of 4607
each candidate for whom the voter desires to vote. If the voter 4608
desires to vote for the nomination of a person whose name is not 4609
printed on the primary election ballot, the voter may do so by 4610
writing such person's name on the ballot in the proper place 4611
provided for such purpose.4612

       In marking a questions and issues ballot, the voter shall 4613
record the vote in the manner provided on the ballot at the left 4614
or at the right of "YES" or "NO" or other words of similar import 4615
which are printed on the ballot to enable the voter to indicate 4616
how the voter votes in connection with each question or issue upon 4617
which the voter desires to vote.4618

       In marking any ballot on which a blank space has been 4619
provided wherein an elector may write in the name of a person for 4620
whom the elector desires to vote, the elector shall write such 4621
person's name in such blank space and on no other place on the 4622
ballot. Unless specific provision is made by statute, no blank 4623
space shall be provided on a ballot for write-in votes, and any 4624
names written on a ballot other than in a blank space provided 4625
therefor shall not be counted or recorded.4626

       Sec. 3505.24.  Any elector who declares to the presiding 4627
judge of elections that the elector is unable to mark the 4628
elector's ballot by reason of blindness, disability, or illiteracy 4629
may be accompanied in the voting booth and aided by any person of 4630
the elector's choice, other than the elector's employer, an agent 4631
of the elector's employer, or an officer or agent of the elector's 4632
union, if any. The elector also may request and receive assistance 4633
in the marking of the elector's ballot from two election officials 4634
of different political parties. Any person providing assistance in 4635
the marking of an elector's ballot under this section shall 4636
thereafter provide no information in regard to the marking of that 4637
ballot.4638

       Any judge may require a declaration of inability to be made 4639
by the elector under oath before the judge. Assistance shall not 4640
be rendered for causes other than those specified in this section, 4641
and no candidate whose name appears on the ballot shall assist any 4642
person in marking that person's ballot.4643

       Sec. 3505.26.  At the time for closing the polls, the 4644
presiding judge shall by proclamation announce that the polls are 4645
closed.4646

       The judges shall then in the presence of observers proceed as 4647
follows:4648

       (A) Count the number of electors who voted, as shown on the 4649
pollbooks;4650

       (B) Count the unused ballots without removing stubs;4651

       (C) Count the soiled and defaced ballots;4652

       (D) Insert the totals of (A), (B), and (C) on the report 4653
forms provided therefor in the pollbook;4654

       (E) Count the voted ballots. If the number of voted ballots 4655
exceeds the number of voters whose names appear upon the 4656
pollbooks, the presiding judge shall enter on the pollbooks an 4657
explanation of that discrepancy, and that explanation, if agreed 4658
to, shall be subscribed to by all of the judges. Any judge having 4659
a different explanation shall enter it in the pollbooks and 4660
subscribe to it.4661

       (F) Put the unused ballots with stubs attached, and soiled 4662
and defaced ballots with stubs attached, in the envelopes or 4663
containers provided therefor, certify the number, and then proceed 4664
to count and tally the votes in the manner prescribed by section 4665
3505.27 of the Revised Code and certify the result of the election 4666
to the board of elections.4667

       Sec. 3505.28.  No ballot shall be counted which is marked 4668
contrary to law, except that no ballot shall be rejected for any 4669
technical error unless it is impossible to determine the voter's 4670
choice. If two or more ballots are found folded together among the 4671
ballots removed from a ballot box, they shall be deemed to be 4672
fraudulent. Such ballots shall not be counted. They shall be 4673
marked "Fraudulent" and shall be placed in an envelope indorsed 4674
"Not Counted" with the reasons therefor, and such envelope shall 4675
be delivered to the board of elections together with other 4676
uncounted ballots.4677

       No ballot shall be rejected because of being marked with ink 4678
or by any writing instrument other than one of the pencils 4679
provided by the board of elections.4680

       Sec. 3505.29.  From the time the ballot box is opened and the 4681
count of ballots begun until the ballots are counted and 4682
certificates of votes cast are made out, signed, certified and 4683
given to the presiding judge for delivery to the headquarters of 4684
the board of elections, the judges in each precinct shall not 4685
separate, nor shall a judge leave the polling place except from 4686
unavoidable necessity. In cases of illness or unavoidable 4687
necessity, the board may substitute another qualified person for 4688
any precinct official so incapacitated.4689

       Sec. 3505.30.  When the results of the ballots have been 4690
ascertained, such results shall be embodied in a summary statement 4691
to be prepared by the judges in duplicate, on forms provided by 4692
the board of elections. One copy shall be certified by the judges 4693
and posted on the front of the polling place, and one copy, 4694
similarly certified, shall be transmitted without delay to the 4695
board in a sealed envelope along with the other returns of the 4696
election. The board shall, immediately upon receipt of such 4697
summary statements, compile and prepare an unofficial count and 4698
upon its completion shall transmit prepaid, immediately by 4699
telephone, facsimile machine, or other telecommunications device, 4700
the results of such unofficial count to the secretary of state, or 4701
to the board of the most populous county of the district which is 4702
authorized to canvass the returns. Such count, in no event, shall 4703
be made later than twelve noon on the day following the election. 4704
The board shall also, at the same time, certify the results 4705
thereof to the secretary of state by certified mail. The board 4706
shall remain in session from the time of the opening of the polls, 4707
continuously, until the results of the election are received from 4708
every precinct in the county and such results are communicated to 4709
the secretary of state.4710

       Sec. 3505.31.  When the results of the voting in a polling 4711
place on the day of an election have been determined and entered 4712
upon the proper forms and the certifications of those results have 4713
been signed by the precinct officials, those officials, before 4714
leaving the polling place, shall place all ballots that they have 4715
counted in containers provided for that purpose by the board of 4716
elections, and shall seal each container in a manner that it 4717
cannot be opened without breaking the seal or the material of 4718
which the container is made. They shall also seal the pollbook, 4719
poll list or signature pollbook, and tally sheet in a manner that 4720
the data contained in these items cannot be seen without breaking 4721
the seals. On the outside of these items shall be a plain 4722
indication that they are to be filed with the board. The presiding 4723
judge and an employee or appointee of the board of elections who 4724
has taken an oath to uphold the laws and constitution of this 4725
state, including an oath that the person will promptly and 4726
securely perform the duties required under this section and who is 4727
a member of a different political party than the presiding judge, 4728
shall then deliver to the board the containers of ballots and the 4729
sealed pollbook, poll list, and tally sheet, together with all 4730
other election reports, materials, and supplies required to be 4731
delivered to the board.4732

       The board shall carefully preserve all ballots prepared and 4733
provided by it for use in an election, whether used or unused, for 4734
sixty days after the day of the election, except that, if an 4735
election includes the nomination or election of candidates for any 4736
of the offices of president, vice-president, presidential elector, 4737
member of the senate of the congress of the United States, or 4738
member of the house of representatives of the congress of the 4739
United States, the board shall carefully preserve all ballots 4740
prepared and provided by it for use in that election, whether used 4741
or unused, for twenty-two months after the day of the election. If 4742
an election is held within that sixty-day period, the board shall 4743
have authority to transfer those ballots to other containers to 4744
preserve them until the sixty-day period has expired. After that 4745
sixty-day period, the ballots shall be disposed of by the board in 4746
a manner that the board orders, or where voting machines have been 4747
used the counters may be turned back to zero; provided that the 4748
secretary of state, within that sixty-day period, may order the 4749
board to preserve the ballots or any part of the ballots for a 4750
longer period of time, in which event the board shall preserve 4751
those ballots for that longer period of time.4752

       In counties where voting machines are used, if an election is 4753
to be held within the sixty days immediately following a primary, 4754
general, or special election or within any period of time within 4755
which the ballots have been ordered preserved by the secretary of 4756
state or a court of competent jurisdiction, the board, after 4757
giving notice to all interested parties and affording them an 4758
opportunity to have a representative present, shall open the 4759
compartments of the machines and, without unlocking the machines, 4760
shall recanvass the vote cast in them as if a recount were being 4761
held. The results shall be certified by the board, and this 4762
certification shall be filed in the board's office and retained 4763
for the remainder of the period for which ballots must be kept. 4764
After preparation of the certificate, the counters may be turned 4765
back to zero, and the machines may be used for the election.4766

       The board shall carefully preserve the pollbook, poll list or 4767
signature pollbook, and tally sheet delivered to it from each 4768
polling place until it has completed the official canvass of the 4769
election returns from all precincts in which electors were 4770
entitled to vote at an election, and has prepared and certified 4771
the abstracts of election returns, as required by law. The board 4772
shall not break, or permit anyone to break, the seals upon the 4773
pollbook, poll list or signature pollbook, and tally sheet, or 4774
make, or permit any one to make, any changes or notations in these 4775
items, while they are in its custody, except as provided by 4776
section 3505.32 of the Revised Code.4777

       Pollbooks and poll lists or signature pollbooks of a party 4778
primary election delivered to the board from polling places shall 4779
be carefully preserved by it for two years after the day of 4780
election in which they were used, and shall then be disposed of by 4781
the board in a manner that the board orders.4782

       Pollbooks, poll lists or signature pollbooks, tally sheets, 4783
summary statements, and other records and returns of an election 4784
delivered to it from polling places shall be carefully preserved 4785
by the board for two years after the day of the election in which 4786
they were used, and shall then be disposed of by the board in a 4787
manner that the board orders.4788

       Sec. 3506.05.  (A) As used in this section, except when used 4789
as part of the phrase "tabulating equipment" or "automatic 4790
tabulating equipment":4791

       (1) "Equipment" means a voting machine, marking device, 4792
automatic tabulating equipment, or software.4793

       (2) "Vendor" means the person that owns, manufactures, 4794
distributes, or has the legal right to control the use of 4795
equipment, or the person's agent.4796

       (B) No voting machine, marking device, automatic tabulating 4797
equipment, or software for the purpose of casting or tabulating 4798
votes or for communications among systems involved in the 4799
tabulation, storage, or casting of votes shall be purchased, 4800
leased, put in use, or continued to be used, except for 4801
experimental use as provided in division (B) of section 3506.04 of 4802
the Revised Code, unless it, a manual of procedures governing its 4803
use, and training materials, service, and other support 4804
arrangements have been certified by the secretary of state and 4805
unless the board of elections of each county where the equipment 4806
will be used has assured that a demonstration of the use of the 4807
equipment has been made available to all interested electors. The 4808
secretary of state shall appoint a board of voting machine 4809
examiners to examine and approve equipment and its related manuals 4810
and support arrangements. The board shall consist of four members, 4811
who shall be appointed as follows:4812

        (1) Two members appointed by the secretary of state.4813

        (2) One member appointed by either the speaker of the house 4814
of representatives or the minority leader of the house of 4815
representatives, whichever is a member of the opposite political 4816
party from the one to which the secretary of state belongs.4817

        (3) One member appointed by either the president of the 4818
senate or the minority leader of the senate, whichever is a member 4819
of the opposite political party from the one to which the 4820
secretary of state belongs.4821

        In all cases of a tie vote or a disagreement in the board, if 4822
no decision can be arrived at, the board shall submit the matter 4823
in controversy to the secretary of state, who shall summarily 4824
decide the question, and the secretary of state's decision shall 4825
be final. Each member of the board shall be a competent and 4826
experienced election officer or a person who is knowledgeable 4827
about the operation of voting equipment and shall serve during the 4828
secretary of state's term. Any vacancy on the board shall be 4829
filled in the same manner as the original appointment. The 4830
secretary of state shall provide staffing assistance to the board, 4831
at the board's request.4832

        For the member's service, each member of the board shall 4833
receive three hundred dollars per day for each combination of 4834
marking device, tabulating equipment, and voting machine examined 4835
and reported, but in no event shall a member receive more than six 4836
hundred dollars to examine and report on any one marking device, 4837
item of tabulating equipment, or voting machine. Each member of 4838
the board shall be reimbursed for expenses the member incurs 4839
during an examination or during the performance of any related 4840
duties that may be required by the secretary of state. 4841
Reimbursement of these expenses shall be made in accordance with, 4842
and shall not exceed, the rates provided for under section 126.31 4843
of the Revised Code.4844

        Neither the secretary of state nor the board, nor any public 4845
officer who participates in the authorization, examination, 4846
testing, or purchase of equipment, shall have any pecuniary 4847
interest in the equipment or any affiliation with the vendor.4848

       (C)(1) A vendor who desires to have the secretary of state 4849
certify equipment shall first submit the equipment, all current 4850
related procedural manuals, and a current description of all 4851
related support arrangements to the board of voting machine 4852
examiners for examination, testing, and approval. The submission 4853
shall be accompanied by a fee of two thousand four hundred dollars 4854
and a detailed explanation of the construction and method of 4855
operation of the equipment, a full statement of its advantages, 4856
and a list of the patents and copyrights used in operations 4857
essential to the processes of vote recording and tabulating, vote 4858
storage, system security, and other crucial operations of the 4859
equipment as may be determined by the board. An additional fee, in 4860
an amount to be set by rules promulgated by the board, may be 4861
imposed to pay for the costs of alternative testing or testing by 4862
persons other than board members, record-keeping, and other 4863
extraordinary costs incurred in the examination process. Moneys 4864
not used shall be returned to the person or entity submitting the 4865
equipment for examination.4866

       (2) Fees collected by the secretary of state under this 4867
section shall be deposited into the state treasury to the credit 4868
of the board of voting machine examiners fund, which is hereby 4869
created. All moneys credited to this fund shall be used solely for 4870
the purpose of paying for the services and expenses of each member 4871
of the board or for other expenses incurred relating to the 4872
examination, testing, reporting, or certification of voting 4873
machine devices, the performance of any related duties as required 4874
by the secretary of state, or the reimbursement of any person 4875
submitting an examination fee as provided in this chapter.4876

       (D) Within sixty days after the submission of the equipment 4877
and payment of the fee, or as soon thereafter as is reasonably 4878
practicable, but in any event within not more than ninety days 4879
after the submission and payment, the board of voting machine 4880
examiners shall examine the equipment and file with the secretary 4881
of state a written report on the equipment with its 4882
recommendations and its determination or condition of approval 4883
regarding whether the equipment, manual, and other related 4884
materials or arrangements meet the criteria set forth in sections 4885
3506.07 and 3506.10 of the Revised Code and can be safely used by 4886
the voters at elections under the conditions prescribed in Title 4887
XXXV of the Revised Code, or a written statement of reasons for 4888
which testing requires a longer period. The board may grant 4889
temporary approval for the purpose of allowing experimental use of 4890
equipment. If the board finds that the equipment meets the 4891
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of 4892
the Revised Code, can be used safely and can be depended upon to 4893
record and count accurately and continuously the votes of 4894
electors, and has the capacity to be warranted, maintained, and 4895
serviced, it shall approve the equipment and recommend that the 4896
secretary of state certify the equipment. The secretary of state 4897
shall notify all boards of elections of any such certification. 4898
Equipment of the same model and make, if it provides for recording 4899
of voter intent, system security, voter privacy, retention of 4900
vote, and communication of voting records in an identical manner, 4901
may then be adopted for use at elections.4902

       (E) The vendor shall notify the secretary of state, who shall 4903
then notify the board of voting machine examiners, of any 4904
enhancement and any significant adjustment to the hardware or 4905
software that could result in a patent or copyright change or that 4906
significantly alters the methods of recording voter intent, system 4907
security, voter privacy, retention of the vote, communication of 4908
voting records, and connections between the system and other 4909
systems. The vendor shall provide the secretary of state with an 4910
updated operations manual for the equipment, and the secretary of 4911
state shall forward the manual to the board. Upon receiving such a 4912
notification and manual, the board may require the vendor to 4913
submit the equipment to an examination and test in order for the 4914
equipment to remain certified. The board or the secretary of state 4915
shall periodically examine, test, and inspect certified equipment 4916
to determine continued compliance with the requirements of this 4917
chapter and the initial certification. Any examination, test, or 4918
inspection conducted for the purpose of continuing certification 4919
of any equipment in which a significant problem has been uncovered 4920
or in which a record of continuing problems exists shall be 4921
performed pursuant to divisions (C) and (D) of this section, in 4922
the same manner as the examination, test, or inspection is 4923
performed for initial approval and certification.4924

       (F) If, at any time after the certification of equipment, the 4925
board of voting machine examiners or the secretary of state is 4926
notified by a board of elections of any significant problem with 4927
the equipment or determines that the equipment fails to meet the 4928
requirements necessary for approval or continued compliance with 4929
the requirements of this chapter, or if the board of voting 4930
machine examiners determines that there are significant 4931
enhancements or adjustments to the hardware or software, or if 4932
notice of such enhancements or adjustments has not been given as 4933
required by division (E) of this section, the secretary of state 4934
shall notify the users and vendors of that equipment that 4935
certification of the equipment may be withdrawn.4936

       (G)(1) The notice given by the secretary of state under 4937
division (F) of this section shall be in writing and shall specify 4938
both of the following:4939

       (a) The reasons why the certification may be withdrawn;4940

       (b) The date on which certification will be withdrawn unless 4941
the vendor takes satisfactory corrective measures or explains why 4942
there are no problems with the equipment or why the enhancements 4943
or adjustments to the equipment are not significant.4944

       (2) A vendor who receives a notice under division (F) of this 4945
section shall, within thirty days after receiving it, submit to 4946
the board of voting machine examiners in writing a description of 4947
the corrective measures taken and the date on which they were 4948
taken, or the explanation required under division (G)(1)(b) of 4949
this section.4950

       (3) Not later than fifteen days after receiving a written 4951
description or explanation under division (G)(2) of this section 4952
from a vendor, the board shall determine whether the corrective 4953
measures taken or the explanation is satisfactory to allow 4954
continued certification of the equipment, and the secretary of 4955
state shall send the vendor a written notice of the board's 4956
determination, specifying the reasons for it. If the board has 4957
determined that the measures taken or the explanation given is 4958
unsatisfactory, the notice shall include the effective date of 4959
withdrawal of the certification. This date may be different from 4960
the date originally specified in division (G)(1)(b) of this 4961
section.4962

       (4) A vendor who receives a notice under division (G)(3) of 4963
this section indicating a decision to withdraw certification may, 4964
within thirty days after receiving it, request in writing that the 4965
board hold a hearing to reconsider its decision. Any interested 4966
party shall be given the opportunity to submit testimony or 4967
documentation in support of or in opposition to the board's 4968
recommendation to withdraw certification. Failure of the vendor to 4969
take appropriate steps as described in division (G)(1)(b) or to 4970
comply with division (G)(2) of this section results in a waiver of 4971
the vendor's rights under division (G)(4) of this section.4972

       (H)(1) The secretary of state, in consultation with the board 4973
of voting machine examiners, shall establish, by rule, guidelines 4974
for the approval, certification, and continued certification of 4975
the voting machines, marking devices, and tabulating equipment to 4976
be used under Title XXXV of the Revised Code. The guidelines shall 4977
establish procedures requiring vendors or computer software 4978
developers to place in escrow with an independent escrow agent 4979
approved by the secretary of state a copy of all source code and 4980
related documentation, together with periodic updates as they 4981
become known or available. The secretary of state shall require 4982
that the documentation include a system configuration and that the 4983
source code include all relevant program statements in low- or 4984
high-level languages. As used in this division, "source code" does 4985
not include variable codes created for specific elections.4986

       (2) Nothing in any rule adopted under division (H) of this 4987
section shall be construed to limit the ability of the secretary 4988
of state to follow or adopt, or to preclude the secretary of state 4989
from following or adopting, any guidelines proposed by the federal 4990
election commission, any entity authorized by the federal election 4991
commission to propose guidelines, the election assistance 4992
commission, or any entity authorized by the election assistance 4993
commission to propose guidelines.4994

       (3)(a) Before the initial certification of any direct 4995
recording electronic voting machine with a voter verified paper 4996
audit trail, and as a condition for the continued certification 4997
and use of those machines, the secretary of state shall establish, 4998
by rule, standards for the certification of those machines. Those 4999
standards shall include, but are not limited to, all of the 5000
following:5001

       (i) A definition of a voter verified paper audit trail as a 5002
paper record of the voter's choices that is verified by the voter 5003
prior to the casting of the voter's ballot and that is securely 5004
retained by the board of elections;5005

       (ii) Requirements that the voter verified paper audit trail 5006
shall not be retained by any voter and shall not contain 5007
individual voter information;5008

       (iii) A prohibition against the production by any direct 5009
recording electronic voting machine of anything that legally could 5010
be removed by the voter from the polling place, such as a receipt 5011
or voter confirmation;5012

       (iv) A requirement that paper used in producing a voter 5013
verified paper audit trail be sturdy, clean, and resistant to 5014
degradation;5015

       (v) A requirement that the voter verified paper audit trail 5016
shall be capable of being optically scanned for the purpose of 5017
conducting a recount or other audit of the voting machine and 5018
shall be readable in a manner that makes the voter's ballot 5019
choices obvious to the voter without the use of computer or 5020
electronic codes;5021

       (vi) A requirement, for office-type ballots, that the voter 5022
verified paper audit trail include the name of each candidate 5023
selected by the voter;5024

        (vii) A requirement, for questions and issues ballots, that 5025
the voter verified paper audit trail include the title of the 5026
question or issue, the name of the entity that placed the question 5027
or issue on the ballot, and the voter's ballot selection on that 5028
question or issue, but not the entire text of the question or 5029
issue.5030

        (b) The secretary of state, by rule adopted under Chapter 5031
119. of the Revised Code, may waive the requirement under division 5032
(H)(3)(a)(v) of this section, if the secretary of state determines 5033
that the requirement is cost prohibitive.5034

       (4)(a) Except as otherwise provided in division (H)(4)(c) of 5035
this section, any voting machine, marking device, or automatic 5036
tabulating equipment initially certified or acquired on or after 5037
December 1, 2008, shall have the most recent federal certification 5038
number issued by the election assistance commission.5039

        (b) Any voting machine, marking device, or automatic 5040
tabulating equipment certified for use in this state on September 5041
12, 2008, shall meet, as a condition of continued certification 5042
and use, the voting system standards adopted by the federal 5043
election commission in 2002.5044

        (c) A county that acquires additional voting machines, 5045
marking devices, or automatic tabulating equipment on or after 5046
December 1, 2008, shall not be considered to have acquired those 5047
machines, devices, or equipment on or after December 1, 2008, for 5048
the purpose of division (H)(4)(a) of this section if all of the 5049
following apply:5050

        (i) The voting machines, marking devices, or automatic 5051
tabulating equipment acquired are the same as the machines, 5052
devices, or equipment currently used in that county.5053

        (ii) The acquisition of the voting machines, marking devices, 5054
or automatic tabulating equipment does not replace or change the 5055
primary voting system used in that county.5056

        (iii) The acquisition of the voting machines, marking 5057
devices, or automatic tabulating equipment is for the purpose of 5058
replacing inoperable machines, devices, or equipment or for the 5059
purpose providing additional machines, devices, or equipment 5060
required to meet the allocation requirements established pursuant 5061
to division (I) of section 3501.11 of the Revised Code.5062

       Sec. 3506.12.  In counties where marking devices, automatic 5063
tabulating equipment, voting machines, or any combination of these 5064
are in use or are to be used, the board of elections:5065

       (A) May combine, rearrange, and enlarge precincts; but the 5066
board shall arrange for a sufficient number of these devices to 5067
accommodate the number of electors in each precinct as determined 5068
by the number of votes cast in that precinct at the most recent 5069
election for the office of governor, taking into consideration the 5070
size and location of each selected polling place, available 5071
parking, handicap accessibility and other accessibility to the 5072
polling place, and the number of candidates and issues to be voted 5073
on. Notwithstanding section 3501.22 of the Revised Code, the board 5074
may appoint more than four precinct officers to each precinct if 5075
this is made necessary by the number of voting machines to be used 5076
in that precinct.5077

       (B) Except as otherwise provided in this division, shall 5078
establish one or more counting stations to receive voted ballots 5079
and other precinct election supplies after the polling precincts 5080
are closed. Those stations shall be under the supervision and 5081
direction of the board of elections. Processing and counting of 5082
voted ballots, and the preparation of summary sheets, shall be 5083
done in the presence of observers approved by the board. A 5084
certified copy of the summary sheet for the precinct shall be 5085
posted at each counting station immediately after completion of 5086
the summary sheet.5087

       In counties where punch card ballots are used, one or more 5088
counting stations, located at the board of elections, shall be 5089
established, at which location all punch card ballots shall be 5090
counted.5091

       As used in this division, "punch card ballot" has the same 5092
meaning as in section 3506.16 of the Revised Code.5093

       Sec. 3506.15.  The secretary of state shall provide each 5094
board of elections with rules, instructions, directives, and 5095
advisories regarding the examination, testing, and use of the 5096
voting machine and tabulating equipment, the assignment of duties 5097
of booth officials, the procedure for casting a vote on the 5098
machine, and how the vote shall be tallied and reported to the 5099
board, and with other rules, instructions, directives, and 5100
advisories the secretary of state finds necessary to ensure the 5101
adequate care and custody of voting equipment, and the accurate 5102
registering, counting, and canvassing of the votes as required by 5103
this chapter. The boards of elections shall be charged with the 5104
responsibility of providing for the adequate instruction of voters 5105
and election officials in the proper use of the voting machine and 5106
marking devices. The boards' instructions shall include, in 5107
counties where punch card ballots are used, instructions that each 5108
voter shall examine the voter's marked ballot card and remove any 5109
chads that remain partially attached to it before returning it to 5110
election officials.5111

       The secretary of state's rules, instructions, directives, and 5112
advisories provided under this section shall comply, insofar as 5113
practicable, with this chapter. The provisions of Title XXXV of 5114
the Revised Code, not inconsistent with the provisions relating to 5115
voting machines, apply in any county using a voting machine.5116

       As used in this section, "chad" and "punch card ballot" have 5117
the same meanings as in section 3506.16 of the Revised Code.5118

       Sec. 3506.16. (A) As used in this section:5119

       (1) "Chad" means the small piece of paper or cardboard 5120
produced from a punch card ballot when a voter pierces a hole in a 5121
perforated, designated position on the ballot with a marking 5122
device to record the voter's candidate, question, or issue choice.5123

       (2) "Punch card ballot" means a ballot card that contains 5124
small perforated designated positions that a marking device must 5125
pierce to form a hole that records a voter's candidate, question, 5126
or issue choice.5127

       (B)(1) In counties where punch card ballots are used, 5128
employees of the board of elections designated by the board under 5129
division (C) of this section shall take all reasonable steps, in a 5130
manner prescribed by the secretary of state, to inspect those 5131
ballots at the board of elections prior to their counting by 5132
automatic tabulating equipment.5133

       (2) Those designees shall take all reasonable steps, in a 5134
manner prescribed by the secretary of state, to remove from a 5135
punch card ballot chads attached by two or fewer corners. They 5136
shall not remove from a punch card ballot any chad attached by 5137
three or four corners. If a chad is attached to a punch card 5138
ballot by three or four corners, it shall be deemed that a voter 5139
did not record a candidate, question, or issue choice at that 5140
particular position on the ballot, and a vote shall not be counted 5141
at that particular position on the ballot.5142

       (3)(a) Those designees shall remake and count as a valid 5143
ballot any punch card ballot in which the pattern of holes punched 5144
in areas of the ballot card other than the designated positions 5145
assigned to candidates, questions, or issues makes it clear to the 5146
designees that the voter inserted the ballot card into the voting 5147
machine with the back side of the ballot card facing up. Only 5148
holes that are clearly pierced through the punch card ballot shall 5149
be remade and counted. The designees shall remake and count a 5150
punch card ballot under this division whether the voter voted for 5151
one candidate, question, or issue, more than one but not all 5152
candidates, questions, or issues, or all candidates, questions, 5153
and issues.5154

       (b) If the pattern of holes pierced through a punch card 5155
ballot indicates that the ballot card was inserted into the voting 5156
machine with the back side of the ballot facing up, partially 5157
voted, then removed from the voting machine, reinserted properly, 5158
and voted correctly, the designees shall remake and count as valid 5159
only those votes represented by the properly punched side of the 5160
original punch card ballot.5161

       (C) The board of elections of a county where punch card 5162
ballots are used shall designate teams to inspect those ballots 5163
under division (B) of this section and, as necessary, to remove 5164
chads from those ballots or remake those ballots. Those teams 5165
shall consist of two employees of the board, one from each major 5166
political party. The board may designate as many teams as the 5167
board considers necessary to efficiently inspect those ballots 5168
prior to their counting. The board also may designate teams of two 5169
employees, one from each major political party, to monitor the 5170
teams conducting the inspection of those ballots under division 5171
(B) of this section.5172

       Sec. 3509.01. (A) The board of elections of each county shall 5173
provide absent voter's ballots for use at every primary and 5174
general election, or special election to be held on the day 5175
specified by division (E) of section 3501.01 of the Revised Code 5176
for the holding of a primary election, designated by the general 5177
assembly for the purpose of submitting constitutional amendments 5178
proposed by the general assembly to the voters of the state. Those 5179
ballots shall be the same size, shall be printed on the same kind 5180
of paper, and shall be in the same form as has been approved for 5181
use at the election for which those ballots are to be voted; 5182
except that, in counties using marking devices, ballot cards may 5183
be used for absent voter's ballots, and those absent voters shall 5184
be instructed to record the vote in the manner provided on the 5185
ballot cards. In counties where punch card ballots are used, those 5186
absent voters shall be instructed to examine their marked ballot 5187
cards and to remove any chads that remain partially attached to 5188
them before returning them to election officials.5189

       (B) The rotation of names of candidates and questions and 5190
issues shall be substantially complied with on absent voter's 5191
ballots, within the limitation of time allotted. Those ballots 5192
shall be designated as "Absent Voter's Ballots." Except as 5193
otherwise provided in division (D) of this section, those ballots 5194
shall be printed and ready for use as follows:5195

        (1) For overseas voters and absent uniformed services voters 5196
eligible to vote under the Uniformed and Overseas Citizens 5197
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 5198
1973ff, et seq., as amended, ballots shall be printed and ready 5199
for use on the forty-fifth day before the day of the election.5200

        (2) For all other voters who are applying to vote absent 5201
voter's ballots, ballots shall be printed and ready for use on the 5202
thirty-fifth day before the day of the election.5203

       (C) Absent voter's ballots provided for use at a general or 5204
primary election, or special election to be held on the day 5205
specified by division (E) of section 3501.01 of the Revised Code 5206
for the holding of a primary election, designated by the general 5207
assembly for the purpose of submitting constitutional amendments 5208
proposed by the general assembly to the voters of the state, shall 5209
include only those questions, issues, and candidacies that have 5210
been lawfully ordered submitted to the electors voting at that 5211
election.5212

        (D) If the laws governing the holding of a special election 5213
on a day other than the day on which a primary or general election 5214
is held make it impossible for absent voter's ballots to be 5215
printed and ready for use by the deadlines established in division 5216
(B) of this section, absent voter's ballots for those special 5217
elections shall be ready for use as many days before the day of 5218
the election as reasonably possible under the laws governing the 5219
holding of that special election.5220

       (E) A copy of the absent voter's ballots shall be forwarded 5221
by the director of the board in each county to the secretary of 5222
state at least twenty-five days before the election.5223

       (F) As used in this section, "chad" and "punch card ballot" 5224
have the same meanings as in section 3506.16 of the Revised Code.5225

       Sec. 3509.02.  (A) Any qualified elector may vote by absent 5226
voter's ballots at an election.5227

       (B) Any qualified elector who is unable to appear at the 5228
office of the board of elections or, if pursuant to division (C) 5229
of section 3501.10 of the Revised Code the board has designated 5230
another location in the county at which registered electors may 5231
vote, at that other location on account of personal illness, 5232
physical disability, or infirmity, and who moves from one precinct 5233
to another within a county, changes the elector's name and moves 5234
from one precinct to another within a county, or moves from one 5235
county to another county within the state, on or prior to the day 5236
of a general, primary, or special election and has not filed a 5237
notice of change of residence or change of name may vote by absent 5238
voter's ballots in that election as specified in division (G) of 5239
section 3503.16 of the Revised Code.5240

       Sec. 3509.03.  Except as provided in division (B) of section 5241
3509.08 of the Revised Code, any qualified elector desiring to 5242
vote absent voter's ballots at an election shall make written 5243
application for those ballots to the director of elections of the 5244
county in which the elector's voting residence is located. The 5245
application need not be in any particular form but shall contain 5246
all of the following:5247

       (A) The elector's name;5248

       (B) The elector's signature;5249

       (C) The address at which the elector is registered to vote;5250

       (D) The elector's date of birth;5251

       (E) One of the following:5252

       (1) The elector's driver's license number;5253

       (2) The last four digits of the elector's social security 5254
number;5255

       (3) A copy of the elector's current and valid photo 5256
identification, a copy of a military identification, or a copy of 5257
a current utility bill, bank statement, government check, 5258
paycheck, or other government document, other than a notice of an 5259
election mailed by a board of elections under section 3501.19 of 5260
the Revised Code or a notice of voter registration mailed by a 5261
board of elections under section 3503.19 of the Revised Code, that 5262
shows the name and address of the elector.5263

       (F) A statement identifying the election for which absent 5264
voter's ballots are requested;5265

       (G) A statement that the person requesting the ballots is a 5266
qualified elector;5267

       (H) If the request is for primary election ballots, the 5268
elector's party affiliation;5269

       (I) If the elector desires ballots to be mailed to the 5270
elector, the address to which those ballots shall be mailed.5271

       Each application for absent voter's ballots shall be 5272
delivered to the director not earlier than the first day of 5273
January of the year of the elections for which the absent voter's 5274
ballots are requested or not earlier than ninety days before the 5275
day of the election at which the ballots are to be voted, 5276
whichever is earlier, and not later than twelve noon of the third 5277
day before the day of the election at which the ballots are to be 5278
voted, or not later than six p.m. on the the last Friday before 5279
the day of the election at which the ballots are to be voted if 5280
the application is delivered in person to the office of the board.5281

       Sec. 3509.04. (A) If a director of a board of elections 5282
receives an application for absent voter's ballots that does not 5283
contain all of the required information, the director promptly 5284
shall notify the applicant of the additional information required 5285
to be provided by the applicant to complete that application.5286

       (B) Upon receipt by the director of elections of an 5287
application for absent voter's ballots that contains all of the 5288
required information, as provided by section 3509.03 and division 5289
(G) of section 3503.16 of the Revised Code, the director, if the 5290
director finds that the applicant is a qualified elector, shall 5291
deliver to the applicant in person or mail directly to the 5292
applicant by special delivery mail, air mail, or regular mail, 5293
postage prepaid, proper absent voter's ballots. The director shall 5294
deliver or mail with the ballots an unsealed identification 5295
envelope upon the face of which shall be printed a form 5296
substantially as follows:5297

"Identification Envelope Statement of Voter
5298

       I, ........................(Name of voter), declare under 5299
penalty of election falsification that the within ballot or 5300
ballots contained no voting marks of any kind when I received 5301
them, and I caused the ballot or ballots to be marked, enclosed in 5302
the identification envelope, and sealed in that envelope.5303

       My voting residence in Ohio is5304

...................................................................5305

(Street and Number, if any, or Rural Route and Number)
5306

of ................................ (City, Village, or Township) 5307
Ohio, which is in Ward ............... Precinct ................ 5308
in that city, village, or township.5309