As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 266


Representative Becker 

Cosponsors: Representatives Lynch, Maag 

A BILL
To amend sections 3501.05, 3509.03, 3509.04, 3509.05, 1
3509.06, 3509.08, 3509.09, 3511.02, 3511.04, 2
3511.05, 3511.06, 3511.07, 3511.08, 3511.09, 3
3511.10, 3511.11, and 3511.13 and to enact section 4
3501.40 of the Revised Code to generally prohibit 5
the mailing of unsolicited election forms and 6
prepayment of postage for the return of election 7
forms and to clarify that a board of elections is 8
responsible to send and receive absent voter's 9
ballot materials.10


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

       Section 1. That sections 3501.05, 3509.03, 3509.04, 3509.05, 11
3509.06, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 3511.06, 12
3511.07, 3511.08, 3511.09, 3511.10, 3511.11, and 3511.13 be 13
amended and section 3501.40 of the Revised Code be enacted to read 14
as follows:15

       Sec. 3501.05.  The secretary of state shall do all of the 16
following:17

       (A) Appoint all members of boards of elections;18

       (B) Issue instructions by directives and advisories in 19
accordance with section 3501.053 of the Revised Code to members of 20
the boards as to the proper methods of conducting elections. 21

       (C) Prepare rules and instructions for the conduct of 22
elections;23

       (D) Publish and furnish to the boards from time to time a 24
sufficient number of indexed copies of all election laws then in 25
force;26

       (E) Edit and issue all pamphlets concerning proposed laws or 27
amendments required by law to be submitted to the voters;28

       (F) Prescribe the form of registration cards, blanks, and 29
records;30

       (G) Determine and prescribe the forms of ballots and the 31
forms of all blanks, cards of instructions, pollbooks, tally 32
sheets, certificates of election, and forms and blanks required by 33
law for use by candidates, committees, and boards;34

       (H) Prepare the ballot title or statement to be placed on the 35
ballot for any proposed law or amendment to the constitution to be 36
submitted to the voters of the state;37

       (I) Except as otherwise provided in section 3519.08 of the 38
Revised Code, certify to the several boards the forms of ballots 39
and names of candidates for state offices, and the form and 40
wording of state referendum questions and issues, as they shall 41
appear on the ballot;42

       (J) Except as otherwise provided in division (I)(2)(b) of 43
section 3501.38 of the Revised Code, give final approval to ballot 44
language for any local question or issue approved and transmitted 45
by boards of elections under section 3501.11 of the Revised Code;46

       (K) Receive all initiative and referendum petitions on state 47
questions and issues and determine and certify to the sufficiency 48
of those petitions;49

       (L) Require such reports from the several boards as are 50
provided by law, or as the secretary of state considers necessary;51

       (M) Compel the observance by election officers in the several 52
counties of the requirements of the election laws;53

       (N)(1) Except as otherwise provided in division (N)(2) of 54
this section, investigate the administration of election laws, 55
frauds, and irregularities in elections in any county, and report 56
violations of election laws to the attorney general or prosecuting 57
attorney, or both, for prosecution;58

       (2) On and after August 24, 1995, report a failure to comply 59
with or a violation of a provision in sections 3517.08 to 3517.13, 60
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 61
Revised Code, whenever the secretary of state has or should have 62
knowledge of a failure to comply with or a violation of a 63
provision in one of those sections, by filing a complaint with the 64
Ohio elections commission under section 3517.153 of the Revised 65
Code;66

       (O) Make an annual report to the governor containing the 67
results of elections, the cost of elections in the various 68
counties, a tabulation of the votes in the several political 69
subdivisions, and other information and recommendations relative 70
to elections the secretary of state considers desirable;71

       (P) Prescribe and distribute to boards of elections a list of 72
instructions indicating all legal steps necessary to petition 73
successfully for local option elections under sections 4301.32 to 74
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;75

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 76
for the removal by boards of elections of ineligible voters from 77
the statewide voter registration database and, if applicable, from 78
the poll list or signature pollbook used in each precinct, which 79
rules shall provide for all of the following:80

       (1) A process for the removal of voters who have changed 81
residence, which shall be uniform, nondiscriminatory, and in 82
compliance with the Voting Rights Act of 1965 and the National 83
Voter Registration Act of 1993, including a program that uses the 84
national change of address service provided by the United States 85
postal system through its licensees;86

        (2) A process for the removal of ineligible voters under 87
section 3503.21 of the Revised Code;88

       (3) A uniform system for marking or removing the name of a 89
voter who is ineligible to vote from the statewide voter 90
registration database and, if applicable, from the poll list or 91
signature pollbook used in each precinct and noting the reason for 92
that mark or removal.93

       (R) Prescribe a general program for registering voters or 94
updating voter registration information, such as name and 95
residence changes, by boards of elections, designated agencies, 96
offices of deputy registrars of motor vehicles, public high 97
schools and vocational schools, public libraries, and offices of 98
county treasurers consistent with the requirements of section 99
3503.09 of the Revised Code;100

       (S) Prescribe a program of distribution of voter registration 101
forms through boards of elections, designated agencies, offices of 102
the registrar and deputy registrars of motor vehicles, public high 103
schools and vocational schools, public libraries, and offices of 104
county treasurers in accordance with the provisions of sections 105
3501.40, 3503.10, and 3503.11 of the Revised Code;106

       (T) To the extent feasible, provide copies, at no cost and 107
upon request, of the voter registration form in post offices in 108
this state;109

       (U) Adopt rules pursuant to section 111.15 of the Revised 110
Code for the purpose of implementing the program for registering 111
voters through boards of elections, designated agencies, and the 112
offices of the registrar and deputy registrars of motor vehicles 113
consistent with this chapter;114

       (V) Establish the full-time position of Americans with 115
Disabilities Act coordinator within the office of the secretary of 116
state to do all of the following:117

       (1) Assist the secretary of state with ensuring that there is 118
equal access to polling places for persons with disabilities;119

       (2) Assist the secretary of state with ensuring that each 120
voter may cast the voter's ballot in a manner that provides the 121
same opportunity for access and participation, including privacy 122
and independence, as for other voters;123

       (3) Advise the secretary of state in the development of 124
standards for the certification of voting machines, marking 125
devices, and automatic tabulating equipment.126

       (W) Establish and maintain a computerized statewide database 127
of all legally registered voters under section 3503.15 of the 128
Revised Code that complies with the requirements of the "Help 129
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 130
and provide training in the operation of that system;131

       (X) Ensure that all directives, advisories, other 132
instructions, or decisions issued or made during or as a result of 133
any conference or teleconference call with a board of elections to 134
discuss the proper methods and procedures for conducting 135
elections, to answer questions regarding elections, or to discuss 136
the interpretation of directives, advisories, or other 137
instructions issued by the secretary of state are posted on a web 138
site of the office of the secretary of state as soon as is 139
practicable after the completion of the conference or 140
teleconference call, but not later than the close of business on 141
the same day as the conference or teleconference call takes place.142

       (Y) Publish a report on a web site of the office of the 143
secretary of state not later than one month after the completion 144
of the canvass of the election returns for each primary and 145
general election, identifying, by county, the number of absent 146
voter's ballots cast and the number of those ballots that were 147
counted, and the number of provisional ballots cast and the number 148
of those ballots that were counted, for that election. The 149
secretary of state shall maintain the information on the web site 150
in an archive format for each subsequent election.151

       (Z) Conduct voter education outlining voter identification, 152
absent voters ballot, provisional ballot, and other voting 153
requirements;154

       (AA) Establish a procedure by which a registered elector may 155
make available to a board of elections a more recent signature to 156
be used in the poll list or signature pollbook produced by the 157
board of elections of the county in which the elector resides;158

       (BB) Disseminate information, which may include all or part 159
of the official explanations and arguments, by means of direct 160
mail or other written publication, broadcast, or other means or 161
combination of means, as directed by the Ohio ballot board under 162
division (F) of section 3505.062 of the Revised Code, in order to 163
inform the voters as fully as possible concerning each proposed 164
constitutional amendment, proposed law, or referendum;165

       (CC) Be the single state office responsible for the 166
implementation of the "Uniformed and Overseas Citizens Absentee 167
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 168
et seq., as amended, in this state. The secretary of state may 169
delegate to the boards of elections responsibilities for the 170
implementation of that act, including responsibilities arising 171
from amendments to that act made by the "Military and Overseas 172
Voter Empowerment Act," Subtitle H of the "National Defense 173
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123 174
Stat. 3190.175

       (DD) Perform other duties required by law.176

       Whenever a primary election is held under section 3513.32 of 177
the Revised Code or a special election is held under section 178
3521.03 of the Revised Code to fill a vacancy in the office of 179
representative to congress, the secretary of state shall establish 180
a deadline, notwithstanding any other deadline required under the 181
Revised Code, by which any or all of the following shall occur: 182
the filing of a declaration of candidacy and petitions or a 183
statement of candidacy and nominating petition together with the 184
applicable filing fee; the filing of protests against the 185
candidacy of any person filing a declaration of candidacy or 186
nominating petition; the filing of a declaration of intent to be a 187
write-in candidate; the filing of campaign finance reports; the 188
preparation of, and the making of corrections or challenges to, 189
precinct voter registration lists; the receipt of applications for 190
absent voter's ballots or armed serviceuniformed services or 191
overseas absent voter's ballots; the supplying of election 192
materials to precincts by boards of elections; the holding of 193
hearings by boards of elections to consider challenges to the 194
right of a person to appear on a voter registration list; and the 195
scheduling of programs to instruct or reinstruct election 196
officers.197

       In the performance of the secretary of state's duties as the 198
chief election officer, the secretary of state may administer 199
oaths, issue subpoenas, summon witnesses, compel the production of 200
books, papers, records, and other evidence, and fix the time and 201
place for hearing any matters relating to the administration and 202
enforcement of the election laws.203

       In any controversy involving or arising out of the adoption 204
of registration or the appropriation of funds for registration, 205
the secretary of state may, through the attorney general, bring an 206
action in the name of the state in the court of common pleas of 207
the county where the cause of action arose or in an adjoining 208
county, to adjudicate the question.209

       In any action involving the laws in Title XXXV of the Revised 210
Code wherein the interpretation of those laws is in issue in such 211
a manner that the result of the action will affect the lawful 212
duties of the secretary of state or of any board of elections, the 213
secretary of state may, on the secretary of state's motion, be 214
made a party.215

       The secretary of state may apply to any court that is hearing 216
a case in which the secretary of state is a party, for a change of 217
venue as a substantive right, and the change of venue shall be 218
allowed, and the case removed to the court of common pleas of an 219
adjoining county named in the application or, if there are cases 220
pending in more than one jurisdiction that involve the same or 221
similar issues, the court of common pleas of Franklin county.222

       The secretary of state may mail unsolicited voter 223
registration forms or applications for absent voter's ballots to 224
individuals, provided that the forms or applications are mailed 225
statewide. The secretary of state shall not prepay the return 226
postage for any solicited or unsolicited voter registration form, 227
application for an absent voter's ballot, or other form the return 228
of which is required under Title XXXV of the Revised Code that the 229
secretary mails or otherwise delivers to an individual.230

       Public high schools and vocational schools, public libraries, 231
and the office of a county treasurer shall implement voter 232
registration programs as directed by the secretary of state 233
pursuant to this section.234

       Sec. 3501.40.  (A) Neither the registrar of motor vehicles 235
nor any deputy registrar and no board of elections, office of a 236
county treasurer, other agency of a political subdivision, 237
designated agency, public high school, vocational school, or 238
public library shall mail any unsolicited voter registration forms 239
or unsolicited absent voter's ballot applications or provide funds 240
to a private entity for that purpose.241

       (B) No board of elections shall prepay the return postage for 242
any voter registration form, application for an absent voter's 243
ballot, or other form the return of which is required under Title 244
XXXV of the Revised Code that the board mails or otherwise 245
delivers to an individual.246

       Sec. 3509.03.  Except as provided in division (B) of section 247
3509.08 of the Revised Code, any qualified elector desiring to 248
vote absent voter's ballots at an election shall make written 249
application for those ballots to the directorboard of elections 250
of the county in which the elector's voting residence is located. 251
The application need not be in any particular form but shall 252
contain all of the following:253

       (A) The elector's name;254

       (B) The elector's signature;255

       (C) The address at which the elector is registered to vote;256

       (D) The elector's date of birth;257

       (E) One of the following:258

       (1) The elector's driver's license number;259

       (2) The last four digits of the elector's social security 260
number;261

       (3) A copy of the elector's current and valid photo 262
identification, a copy of a military identification, or a copy of 263
a current utility bill, bank statement, government check, 264
paycheck, or other government document, other than a notice of 265
voter registration mailed by a board of elections under section 266
3503.19 of the Revised Code, that shows the name and address of 267
the elector.268

       (F) A statement identifying the election for which absent 269
voter's ballots are requested;270

       (G) A statement that the person requesting the ballots is a 271
qualified elector;272

       (H) If the request is for primary election ballots, the 273
elector's party affiliation;274

       (I) If the elector desires ballots to be mailed to the 275
elector, the address to which those ballots shall be mailed.276

       Each application for absent voter's ballots shall be 277
delivered to the directorboard not earlier than the first day of 278
January of the year of the elections for which the absent voter's 279
ballots are requested or not earlier than ninety days before the 280
day of the election at which the ballots are to be voted, 281
whichever is earlier, and not later than twelve noon of the third 282
day before the day of the election at which the ballots are to be 283
voted, or not later than six p.m. on the last Friday before the 284
day of the election at which the ballots are to be voted if the 285
application is delivered in person to the office of the board.286

       Sec. 3509.04. (A) If a director of a board of elections 287
receives an application for absent voter's ballots that does not 288
contain all of the required information, the directorboard289
promptly shall notify the applicant of the additional information 290
required to be provided by the applicant to complete that 291
application.292

       (B) Upon receipt by the directorboard of elections of an 293
application for absent voter's ballots that contains all of the 294
required information, as provided by section 3509.03 and division 295
(G) of section 3503.16 of the Revised Code, the directorboard, if 296
the directorboard finds that the applicant is a qualified 297
elector, shall deliver to the applicant in person or mail directly 298
to the applicant by special delivery mail, air mail, or regular 299
mail, postage prepaid, proper absent voter's ballots. The director300
board shall deliver or mail with the ballots an unsealed 301
identification envelope upon the face of which shall be printed a 302
form substantially as follows:303

"Identification Envelope Statement of Voter
304

       I, ........................(Name of voter), declare under 305
penalty of election falsification that the within ballot or 306
ballots contained no voting marks of any kind when I received 307
them, and I caused the ballot or ballots to be marked, enclosed in 308
the identification envelope, and sealed in that envelope.309

       My voting residence in Ohio is310

...................................................................311

(Street and Number, if any, or Rural Route and Number)
312

of ................................ (City, Village, or Township) 313
Ohio, which is in Ward ............... Precinct ................ 314
in that city, village, or township.315

       The primary election ballots, if any, within this envelope 316
are primary election ballots of the ............. Party.317

       Ballots contained within this envelope are to be voted at the 318
.......... (general, special, or primary) election to be held on 319
the .......................... day of ......................, ....320

       My date of birth is ............... (Month and Day), 321
.......... (Year).322

       (Voter must provide one of the following:)323

       My driver's license number is ............... (Driver's 324
license number).325

       The last four digits of my Social Security Number are 326
............... (Last four digits of Social Security Number).327

       ...... In lieu of providing a driver's license number or the 328
last four digits of my Social Security Number, I am enclosing a 329
copy of one of the following in the return envelope in which this 330
identification envelope will be mailed: a current and valid photo 331
identification, a military identification, or a current utility 332
bill, bank statement, government check, paycheck, or other 333
government document, other than a notice of voter registration 334
mailed by a board of elections, that shows my name and address.335

       I hereby declare, under penalty of election falsification, 336
that the statements above are true, as I verily believe.337

338
(Signature of Voter) 339

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 340
THE FIFTH DEGREE."341

       The directorboard of elections shall mail with the ballots 342
and the unsealed identification envelope an unsealed return 343
envelope upon the face of which shall be printed the official 344
title and post-office address of the directorboard. In the upper 345
left corner on the face of the return envelope, several blank 346
lines shall be printed upon which the voter may write the voter's 347
name and return address. The return envelope shall be of such size 348
that the identification envelope can be conveniently placed within 349
it for returning the identification envelope to the director350
board.351

       Sec. 3509.05.  (A) When an elector receives an absent voter's 352
ballot pursuant to the elector's application or request, the 353
elector shall, before placing any marks on the ballot, note 354
whether there are any voting marks on it. If there are any voting 355
marks, the ballot shall be returned immediately to the board of 356
elections; otherwise, the elector shall cause the ballot to be 357
marked, folded in a manner that the stub on it and the 358
indorsements and facsimile signatures of the members of the board 359
of elections on the back of it are visible, and placed and sealed 360
within the identification envelope received from the director361
board of elections for that purpose. Then, the elector shall cause 362
the statement of voter on the outside of the identification 363
envelope to be completed and signed, under penalty of election 364
falsification.365

       If the elector does not provide the elector's driver's 366
license number or the last four digits of the elector's social 367
security number on the statement of voter on the identification 368
envelope, the elector also shall include in the return envelope 369
with the identification envelope a copy of the elector's current 370
valid photo identification, a copy of a military identification, 371
or a copy of a current utility bill, bank statement, government 372
check, paycheck, or other government document, other than a notice 373
of voter registration mailed by a board of elections under section 374
3503.19 of the Revised Code, that shows the name and address of 375
the elector.376

       The elector shall mail the identification envelope to the 377
directorboard of elections from whomwhich it was received in the 378
return envelope, postage prepaid, or the elector may personally 379
deliver it to the directoroffice of the board, or the spouse of 380
the elector, the father, mother, father-in-law, mother-in-law, 381
grandfather, grandmother, brother, or sister of the whole or half 382
blood, or the son, daughter, adopting parent, adopted child, 383
stepparent, stepchild, uncle, aunt, nephew, or niece of the 384
elector may deliver it to the directorboard. The return envelope 385
shall be transmitted to the directorboard in no other manner, 386
except as provided in section 3509.08 of the Revised Code.387

       When absent voter's ballots are delivered to an elector at 388
the office of the board, the elector may retire to a voting 389
compartment provided by the board and there mark the ballots. 390
Thereupon, the elector shall fold them, place them in the 391
identification envelope provided, seal the envelope, fill in and 392
sign the statement on the envelope under penalty of election 393
falsification, and deliver the envelope to the director of the394
board.395

       Except as otherwise provided in division (B) of this section, 396
all other envelopes containing marked absent voter's ballots shall 397
be delivered to the directorboard not later than the close of the 398
polls on the day of an election. Absent voter's ballots delivered 399
to the directorboard later than the times specified shall not be 400
counted, but shall be kept by the board in the sealed 401
identification envelopes in which they are delivered to the 402
directorboard, until the time provided by section 3505.31 of the 403
Revised Code for the destruction of all other ballots used at the 404
election for which ballots were provided, at which time they shall 405
be destroyed.406

       (B)(1) Except as otherwise provided in division (B)(2) of 407
this section, any return envelope that is postmarked prior to the 408
day of the election shall be delivered to the directorboard prior 409
to the eleventh day after the election. Ballots delivered in 410
envelopes postmarked prior to the day of the election that are 411
received after the close of the polls on election day through the 412
tenth day thereafter shall be counted on the eleventh day at the 413
board of elections in the manner provided in divisions (C) and (D) 414
of section 3509.06 of the Revised Code. Any such ballots that are 415
received by the directorboard later than the tenth day following 416
the election shall not be counted, but shall be kept by the board 417
in the sealed identification envelopes as provided in division (A) 418
of this section.419

       (2) Division (B)(1) of this section shall not apply to any 420
mail that is postmarked using a postage evidencing system, 421
including a postage meter, as defined in 39 C.F.R. 501.1.422

       Sec. 3509.06.  (A) The board of elections shall determine 423
whether absent voter's ballots shall be counted in each precinct, 424
at the office of the board, or at some other location designated 425
by the board, and shall proceed accordingly under division (B) or 426
(C) of this section.427

       (B) When the board of elections determines that absent 428
voter's ballots shall be counted in each precinct, the director429
board shall deliver to the presiding judge of each precinct on 430
election day identification envelopes purporting to contain absent 431
voter's ballots of electors whose voting residence appears from 432
the statement of voter on the outside of each of those envelopes, 433
to be located in such presiding judge's precinct, and which were 434
received by the directorboard not later than the close of the 435
polls on election day. The directorboard shall deliver to such 436
presiding judge a list containing the name and voting residence of 437
each person whose voting residence is in such precinct to whom 438
absent voter's ballots were mailed.439

       (C) When the board of elections determines that absent 440
voter's ballots shall be counted at the office of the board of 441
elections or at another location designated by the board, special 442
election judges shall be appointed by the board for that purpose 443
having the same authority as is exercised by precinct judges. The 444
votes so cast shall be added to the vote totals by the board, and 445
the absent voter's ballots shall be preserved separately by the 446
board, in the same manner and for the same length of time as 447
provided by section 3505.31 of the Revised Code.448

       (D) Each of the identification envelopes purporting to 449
contain absent voter's ballots delivered to the presiding judge of 450
the precinct or the special judge appointed by the board of 451
elections shall be handled as follows: The election officials 452
shall compare the signature of the elector on the outside of the 453
identification envelope with the signature of that elector on the 454
elector's registration form and verify that the absent voter's 455
ballot is eligible to be counted under section 3509.07 of the 456
Revised Code. Any of the precinct officials may challenge the 457
right of the elector named on the identification envelope to vote 458
the absent voter's ballots upon the ground that the signature on 459
the envelope is not the same as the signature on the registration 460
form, or upon any other of the grounds upon which the right of 461
persons to vote may be lawfully challenged. If no such challenge 462
is made, or if such a challenge is made and not sustained, the 463
presiding judge shall open the envelope without defacing the 464
statement of voter and without mutilating the ballots in it, and 465
shall remove the ballots contained in it and proceed to count 466
them.467

       The name of each person voting who is entitled to vote only 468
an absent voter's presidential ballot shall be entered in a 469
pollbook or poll list or signature pollbook followed by the words 470
"Absentee Presidential Ballot." The name of each person voting an 471
absent voter's ballot, other than such persons entitled to vote 472
only a presidential ballot, shall be entered in the pollbook or 473
poll list or signature pollbook and the person's registration card 474
marked to indicate that the person has voted.475

       The date of such election shall also be entered on the 476
elector's registration form. If any such challenge is made and 477
sustained, the identification envelope of such elector shall not 478
be opened, shall be endorsed "Not Counted" with the reasons the 479
ballots were not counted, and shall be delivered to the board.480

       (E) Special election judges, employees or members of the 481
board of elections, or observers shall not disclose the count or 482
any portion of the count of absent voter's ballots prior to the 483
time of the closing of the polling places. No person shall 484
recklessly disclose the count or any portion of the count of 485
absent voter's ballots in such a manner as to jeopardize the 486
secrecy of any individual ballot.487

       (F) Observers may be appointed under section 3505.21 of the 488
Revised Code to witness the examination and opening of 489
identification envelopes and the counting of absent voters' 490
ballots under this section.491

       Sec. 3509.08.  (A) Any qualified elector, who, on account of 492
the elector's own personal illness, physical disability, or 493
infirmity, or on account of the elector's confinement in a jail or 494
workhouse under sentence for a misdemeanor or awaiting trial on a 495
felony or misdemeanor, will be unable to travel from the elector's 496
home or place of confinement to the voting booth in the elector's 497
precinct on the day of any general, special, or primary election 498
may make application in writing for an absent voter's ballot to 499
the director of the board of elections of the elector's county. 500
The application shall include all of the information required 501
under section 3509.03 of the Revised Code and shall state the 502
nature of the elector's illness, physical disability, or 503
infirmity, or the fact that the elector is confined in a jail or 504
workhouse and the elector's resultant inability to travel to the 505
election booth in the elector's precinct on election day. The 506
application shall not be valid if it is delivered to the director507
board before the ninetieth day or after twelve noon of the third 508
day before the day of the election at which the ballot is to be 509
voted.510

       The absent voter's ballot may be mailed directly to the 511
applicant at the applicant's voting residence or place of 512
confinement as stated in the applicant's application, or the board 513
may designate two board employees belonging to the two major 514
political parties for the purpose of delivering the ballot to the 515
disabled or confined elector and returning it to the board, unless 516
the applicant is confined to a public or private institution 517
within the county, in which case the board shall designate two 518
board employees belonging to the two major political parties for 519
the purpose of delivering the ballot to the disabled or confined 520
elector and returning it to the board. In all other instances, the 521
ballot shall be returned to the office of the board in the manner 522
prescribed in section 3509.05 of the Revised Code.523

       Any disabled or confined elector who declares to the two 524
board employees belonging to the two major political parties that 525
the elector is unable to mark the elector's ballot by reason of 526
physical infirmity that is apparent to the employees to be 527
sufficient to incapacitate the voter from marking the elector's 528
ballot properly, may receive, upon request, the assistance of the 529
employees in marking the elector's ballot, and they shall 530
thereafter give no information in regard to this matter. Such 531
assistance shall not be rendered for any other cause.532

       When two board employees belonging to the two major political 533
parties deliver a ballot to a disabled or confined elector, each 534
of the employees shall be present when the ballot is delivered, 535
when assistance is given, and when the ballot is returned to the 536
office of the board, and shall subscribe to the declaration on the 537
identification envelope.538

       The secretary of state shall prescribe the form of 539
application for absent voter's ballots under this division.540

        This chapter applies to disabled and confined absent voter's 541
ballots except as otherwise provided in this section.542

       (B)(1) Any qualified elector who is unable to travel to the 543
voting booth in the elector's precinct on the day of any general, 544
special, or primary election may apply to the director of the 545
board of elections of the county where the elector is a qualified 546
elector to vote in the election by absent voter's ballot if either 547
of the following apply:548

       (a) The elector is confined in a hospital as a result of an 549
accident or unforeseeable medical emergency occurring before the 550
election;.551

       (b) The elector's minor child is confined in a hospital as a 552
result of an accident or unforeseeable medical emergency occurring 553
before the election.554

       (2) The application authorized under division (B)(1) of this 555
section shall be made in writing, shall include all of the 556
information required under section 3509.03 of the Revised Code, 557
and shall be delivered to the directorboard not later than three 558
p.m. on the day of the election. The application shall indicate 559
the hospital where the applicant or the applicant's child is 560
confined, the date of the applicant's or the applicant's child's 561
admission to the hospital, and the offices for which the applicant 562
is qualified to vote. The applicant may also request that a member 563
of the applicant's family, as listed in section 3509.05 of the 564
Revised Code, deliver the absent voter's ballot to the applicant. 565
The directorboard, after establishing to the director'sboard's566
satisfaction the validity of the circumstances claimed by the 567
applicant, shall supply an absent voter's ballot to be delivered 568
to the applicant. When the applicant or the applicant's child is 569
in a hospital in the county where the applicant is a qualified 570
elector and no request is made for a member of the family to 571
deliver the ballot, the directorboard shall arrange for the 572
delivery of an absent voter's ballot to the applicant, and for its 573
return to the office of the board, by two board employees 574
belonging to the two major political parties according to the 575
procedures prescribed in division (A) of this section. When the 576
applicant or the applicant's child is in a hospital outside the 577
county where the applicant is a qualified elector and no request 578
is made for a member of the family to deliver the ballot, the 579
directorboard shall arrange for the delivery of an absent voter's 580
ballot to the applicant by mail, and the ballot shall be returned 581
to the office of the board in the manner prescribed in section 582
3509.05 of the Revised Code.583

       (3) Any qualified elector who is eligible to vote under 584
division (B) or (C) of section 3503.16 of the Revised Code but is 585
unable to do so because of the circumstances described in division 586
(B)(2) of this section may vote in accordance with division (B)(1) 587
of this section if that qualified elector states in the 588
application for absent voter's ballots that that qualified elector 589
moved or had a change of name under the circumstances described in 590
division (B) or (C) of section 3503.16 of the Revised Code and if 591
that qualified elector complies with divisions (G)(1) to (4) of 592
section 3503.16 of the Revised Code.593

       (C) Any qualified elector described in division (A) or (B)(1) 594
of this section who needs no assistance to vote or to return 595
absent voter's ballots to the board of elections may apply for 596
absent voter's ballots under section 3509.03 of the Revised Code 597
instead of applying for them under this section.598

       Sec. 3509.09.  (A) The poll list or signature pollbook for 599
each precinct shall identify each registered elector in that 600
precinct who has requested an absent voter's ballot for that 601
election.602

        (B)(1) If a registered elector appears to vote in that 603
precinct and that elector has requested an absent voter's ballot 604
for that election but the directorboard of elections has not 605
received a sealed identification envelope purporting to contain 606
that elector's voted absent voter's ballots for that election, the 607
elector shall be permitted to cast a provisional ballot under 608
section 3505.181 of the Revised Code in that precinct on the day 609
of that election.610

        (2) If a registered elector appears to vote in that precinct 611
and that elector has requested an absent voter's ballot for that 612
election and the directorboard has received a sealed 613
identification envelope purporting to contain that elector's voted 614
absent voter's ballots for that election, the elector shall be 615
permitted to cast a provisional ballot under section 3505.181 of 616
the Revised Code in that precinct on the day of that election.617

        (C)(1) In counting absent voter's ballots under section 618
3509.06 of the Revised Code, the board of elections shall compare 619
the signature of each elector from whom the directorboard has 620
received a sealed identification envelope purporting to contain 621
that elector's voted absent voter's ballots for that election to 622
the signature on that elector's registration form. Except as 623
otherwise provided in division (C)(3) of this section, if the 624
board of elections determines that the absent voter's ballot in 625
the sealed identification envelope is valid, it shall be counted. 626
If the board of elections determines that the signature on the 627
sealed identification envelope purporting to contain the elector's 628
voted absent voter's ballot does not match the signature on the 629
elector's registration form, the ballot shall be set aside and the 630
board shall examine, during the time prior to the beginning of the 631
official canvass, the poll list or signature pollbook from the 632
precinct in which the elector is registered to vote to determine 633
if the elector also cast a provisional ballot under section 634
3505.181 of the Revised Code in that precinct on the day of the 635
election.636

       (2) The board of elections shall count the provisional 637
ballot, instead of the absent voter's ballot, if both of the 638
following apply:639

        (a) The board of elections determines that the signature of 640
the elector on the outside of the identification envelope in which 641
the absent voter's ballots are enclosed does not match the 642
signature of the elector on the elector's registration form;.643

        (b) The elector cast a provisional ballot in the precinct on 644
the day of the election.645

       (3) If the board of elections does not receive the sealed 646
identification envelope purporting to contain the elector's voted 647
absent voter's ballot by the applicable deadline established under 648
section 3509.05 of the Revised Code, the provisional ballot cast 649
under section 3505.181 of the Revised Code in that precinct on the 650
day of the election shall be counted as valid, if that provisional 651
ballot is otherwise determined to be valid pursuant to section 652
3505.183 of the Revised Code.653

        (D) If the board of elections counts a provisional ballot 654
under division (C)(2) or (3) of this section, the returned 655
identification envelope of that elector shall not be opened, and 656
the ballot within that envelope shall not be counted. The 657
identification envelope shall be endorsed "Not Counted" with the 658
reason the ballot was not counted.659

       Sec. 3511.02.  Notwithstanding any section of the Revised 660
Code to the contrary, whenever any person applies for registration 661
as a voter on a form adopted in accordance with federal 662
regulations relating to the "Uniformed and Overseas Citizens 663
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 664
this application shall be sufficient for voter registration and as 665
a request for an absent voter's ballot. Uniformed services or 666
overseas absent voter's ballots may be obtained by any person 667
meeting the requirements of section 3511.011 of the Revised Code 668
by applying electronically to the secretary of state or to the 669
board of elections of the county in which the person's voting 670
residence is located in accordance with section 3511.021 of the 671
Revised Code or by applying to the director of the board of 672
elections of the county in which the person's voting residence is 673
located, in one of the following ways:674

       (A) That person may make written application for those 675
ballots. The person may personally deliver the application to the 676
directorboard or may mail it, send it by facsimile machine, send 677
it by electronic mail, send it through internet delivery if such 678
delivery is offered by the board of elections or the secretary of 679
state, or otherwise send it to the directorboard. The application 680
need not be in any particular form but shall contain all of the 681
following information:682

       (1) The elector's name;683

       (2) The elector's signature;684

       (3) The address at which the elector is registered to vote;685

       (4) The elector's date of birth;686

       (5) One of the following:687

       (a) The elector's driver's license number;688

       (b) The last four digits of the elector's social security 689
number;690

       (c) A copy of the elector's current and valid photo 691
identification, a copy of a military identification, or a copy of 692
a current utility bill, bank statement, government check, 693
paycheck, or other government document, other than a notice of 694
voter registration mailed by a board of elections under section 695
3503.19 of the Revised Code, that shows the name and address of 696
the elector.697

       (6) A statement identifying the election for which absent 698
voter's ballots are requested;699

       (7) A statement that the person requesting the ballots is a 700
qualified elector;701

       (8) A statement that the elector is an absent uniformed 702
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;703

       (9) A statement of the elector's length of residence in the 704
state immediately preceding the commencement of service, 705
immediately preceding the date of leaving to be with or near the 706
service member, or immediately preceding leaving the United 707
States, or a statement that the elector's parent or legal guardian 708
resided in this state long enough to establish residency for 709
voting purposes immediately preceding leaving the United States, 710
whichever is applicable;711

       (10) If the request is for primary election ballots, the 712
elector's party affiliation;713

       (11) If the elector desires ballots to be mailed to the 714
elector, the address to which those ballots shall be mailed;715

       (12) If the elector desires ballots to be sent to the elector 716
by facsimile machine, the telephone number to which they shall be 717
so sent;718

       (13) If the elector desires ballots to be sent to the elector 719
by electronic mail or, if offered by the board of elections or the 720
secretary of state, through internet delivery, the elector's 721
electronic mail address or other internet contact information.722

       (B) A voter or any relative of a voter listed in division (C) 723
of this section may use a single federal post card application to 724
apply for uniformed services or overseas absent voter's ballots 725
for use at the primary and general elections in a given year and 726
any special election to be held on the day in that year specified 727
by division (E) of section 3501.01 of the Revised Code for the 728
holding of a primary election, designated by the general assembly 729
for the purpose of submitting constitutional amendments proposed 730
by the general assembly to the voters of the state. A single 731
federal postcard application shall be processed by the board of 732
elections pursuant to section 3511.04 of the Revised Code the same 733
as if the voter had applied separately for uniformed services or 734
overseas absent voter's ballots for each election.735

       (C) Application to have uniformed services or overseas absent 736
voter's ballots mailed or sent by facsimile machine to such a 737
person may be made by the spouse, father, mother, father-in-law, 738
mother-in-law, grandfather, grandmother, brother or sister of the 739
whole blood or half blood, son, daughter, adopting parent, adopted 740
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, 741
aunt, nephew, or niece of such a person. The application shall be 742
in writing upon a blank form furnished only by the directorboard 743
of elections or on a single federal post card as provided in 744
division (B) of this section. The form of the application shall be 745
prescribed by the secretary of state. The directorboard shall 746
furnish that blank form to any of the relatives specified in this 747
division desiring to make the application, only upon the request 748
of such a relative made in person at the office of the board or 749
upon the written request of such a relative mailed to the office 750
of the board. The application, subscribed and sworn to by the 751
applicant, shall contain all of the following:752

       (1) The full name of the elector for whom ballots are 753
requested;754

       (2) A statement that the elector is an absent uniformed 755
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;756

       (3) The address at which the elector is registered to vote;757

       (4) A statement identifying the elector's length of residence 758
in the state immediately preceding the commencement of service, 759
immediately preceding the date of leaving to be with or near a 760
service member, or immediately preceding leaving the United 761
States, or a statement that the elector's parent or legal guardian 762
resided in this state long enough to establish residency for 763
voting purposes immediately preceding leaving the United States, 764
as the case may be;765

        (5) The elector's date of birth;766

       (6) One of the following:767

       (a) The elector's driver's license number;768

       (b) The last four digits of the elector's social security 769
number;770

       (c) A copy of the elector's current and valid photo 771
identification, a copy of a military identification, or a copy of 772
a current utility bill, bank statement, government check, 773
paycheck, or other government document, other than a notice of 774
voter registration mailed by a board of elections under section 775
3503.19 of the Revised Code, that shows the name and address of 776
the elector.777

       (7) A statement identifying the election for which absent 778
voter's ballots are requested;779

       (8) A statement that the person requesting the ballots is a 780
qualified elector;781

       (9) If the request is for primary election ballots, the 782
elector's party affiliation;783

        (10) A statement that the applicant bears a relationship to 784
the elector as specified in division (C) of this section;785

        (11) The address to which ballots shall be mailed, the 786
telephone number to which ballots shall be sent by facsimile 787
machine, the electronic mail address to which ballots shall be 788
sent by electronic mail, or, if internet delivery is offered by 789
the board of elections or the secretary of state, the internet 790
contact information to which ballots shall be sent through 791
internet delivery;792

        (12) The signature and address of the person making the 793
application.794

       Each application for uniformed services or overseas absent 795
voter's ballots shall be delivered to the directorboard not 796
earlier than the first day of January of the year of the elections 797
for which the uniformed services or overseas absent voter's 798
ballots are requested or not earlier than ninety days before the 799
day of the election at which the ballots are to be voted, 800
whichever is earlier, and not later than twelve noon of the third 801
day preceding the day of the election, or not later than six p.m. 802
on the last Friday before the day of the election at which those 803
ballots are to be voted if the application is delivered in person 804
to the office of the board.805

       (D) If the voter for whom the application is made is entitled 806
to vote for presidential and vice-presidential electors only, the 807
applicant shall submit to the directorboard in addition to the 808
requirements of divisions (A), (B), and (C) of this section, a 809
statement to the effect that the voter is qualified to vote for 810
presidential and vice-presidential electors and for no other 811
offices.812

       Sec. 3511.04.  (A) If a director of a board of elections 813
receives an application for uniformed services or overseas absent 814
voter's ballots that does not contain all of the required 815
information, the directorboard promptly shall notify the 816
applicant of the additional information required to be provided by 817
the applicant to complete that application.818

       (B) Not later than the forty-fifth day before the day of each 819
general or primary election, and at the earliest possible time 820
before the day of a special election held on a day other than the 821
day on which a general or primary election is held, the director 822
of the board of elections shall mail, send by facsimile machine, 823
send by electronic mail, send through internet delivery if such 824
delivery is offered by the board of elections or the secretary of 825
state, or otherwise send uniformed services or overseas absent 826
voter's ballots then ready for use as provided for in section 827
3511.03 of the Revised Code and for which the directorboard has 828
received valid applications prior to that time. Thereafter, and 829
until twelve noon of the third day preceding the day of election, 830
the directorboard shall promptly, upon receipt of valid 831
applications for them, mail, send by facsimile machine, send by 832
electronic mail, send through internet delivery if such delivery 833
is offered by the board of elections or the secretary of state, or 834
otherwise send to the proper persons all uniformed services or 835
overseas absent voter's ballots then ready for use.836

       If, after the seventieth day before the day of a general or 837
primary election, any other question, issue, or candidacy is 838
lawfully ordered submitted to the electors voting at the general 839
or primary election, the board shall promptly provide a separate 840
official issue, special election, or other election ballot for 841
submitting the question, issue, or candidacy to those electors,842
and the director shall promptly mail, send by facsimile machine, 843
send by electronic mail, send through internet delivery if such 844
delivery is offered by the board of elections or the secretary of 845
state, or otherwise send each such separate ballot to each person 846
to whom the directorboard has previously mailed or sent other 847
uniformed services or overseas absent voter's ballots.848

       In mailing uniformed services or overseas absent voter's 849
ballots, the directorboard shall use the fastest mail service 850
available, but the directorboard shall not mail them by certified 851
mail.852

       Sec. 3511.05.  (A) The director of the board of elections 853
shall place uniformed services or overseas absent voter's ballots 854
sent by mail in an unsealed identification envelope, gummed ready 855
for sealing. The directorboard shall include with uniformed 856
services or overseas absent voter's ballots sent electronically, 857
including by facsimile machine, an instruction sheet for preparing 858
a gummed envelope in which the ballots shall be returned. The 859
envelope for returning ballots sent by either means shall have 860
printed or written on its face a form substantially as follows:861

"Identification Envelope Statement of Voter
862

       I, ........................(Name of voter), declare under 863
penalty of election falsification that the within ballot or 864
ballots contained no voting marks of any kind when I received 865
them, and I caused the ballot or ballots to be marked, enclosed in 866
the identification envelope, and sealed in that envelope.867

       My voting residence in Ohio is868

...................................................................869

(Street and Number, if any, or Rural Route and Number)
870

of ................................ (City, Village, or Township) 871
Ohio, which is in Ward ............... Precinct ................ 872
in that city, village, or township.873

       The primary election ballots, if any, within this envelope 874
are primary election ballots of the ............. Party.875

       Ballots contained within this envelope are to be voted at the 876
.......... (general, special, or primary) election to be held on 877
the .......................... day of ......................, ....878

       My date of birth is ............... (Month and Day), 879
.......... (Year).880

       (Voter must provide one of the following:)881

       My driver's license number is ............... (Driver's 882
license number).883

       The last four digits of my Social Security Number are 884
............... (Last four digits of Social Security Number).885

       ...... In lieu of providing a driver's license number or the 886
last four digits of my Social Security Number, I am enclosing a 887
copy of one of the following in the return envelope in which this 888
identification envelope will be mailed: a current and valid photo 889
identification, a military identification, or a current utility 890
bill, bank statement, government check, paycheck, or other 891
government document, other than a notice of voter registration 892
mailed by a board of elections, that shows my name and address.893

       I hereby declare, under penalty of election falsification, 894
that the statements above are true, as I verily believe.895

896
(Signature of Voter) 897

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 898
THE FIFTH DEGREE."899

       (B) The directorboard shall also mail with the ballots and 900
the unsealed identification envelope sent by mail an unsealed 901
return envelope, gummed, ready for sealing, for use by the voter 902
in returning the voter's marked ballots to the directorboard. The 903
directorboard shall send with the ballots and the instruction 904
sheet for preparing a gummed envelope sent electronically, 905
including by facsimile machine, an instruction sheet for preparing 906
a second gummed envelope as described in this division, for use by 907
the voter in returning that voter's marked ballots to the director908
board. The return envelope shall have two parallel lines, each one 909
quarter of an inch in width, printed across its face paralleling 910
the top, with an intervening space of one quarter of an inch 911
between such lines. The top line shall be one and one-quarter 912
inches from the top of the envelope. Between the parallel lines 913
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR 914
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank 915
lines shall be printed in the upper left corner on the face of the 916
envelope for the use by the voter in placing the voter's complete 917
military, naval, or mailing address on these lines, and beneath 918
these lines there shall be printed a box beside the words "check 919
if out-of-country." The voter shall check this box if the voter 920
will be outside the United States on the day of the election. The 921
official title and the post-office address of the directorboard922
to whomwhich the envelope shall be returned shall be printed on 923
the face of such envelope in the lower right portion below the 924
bottom parallel line.925

       (C) On the back of each identification envelope and each 926
return envelope shall be printed the following:927

"Instructions to voter:928

       If the flap on this envelope is so firmly stuck to the back 929
of the envelope when received by you as to require forcible 930
opening in order to use it, open the envelope in the manner least 931
injurious to it, and, after marking your ballots and enclosing 932
same in the envelope for mailing them to the director of the board 933
of elections, reclose the envelope in the most practicable way, by 934
sealing or otherwise, and sign the blank form printed below.935

       The flap on this envelope was firmly stuck to the back of the 936
envelope when received, and required forced opening before sealing 937
and mailing.938

939
(Signature of voter)" 940

       (D) Division (C) of this section does not apply when absent 941
voter's ballots are sent electronically, including by facsimile 942
machine.943

       Sec. 3511.06.  The return envelope provided for in section 944
3511.05 of the Revised Code shall be of such size that the 945
identification envelope can be conveniently placed within it for 946
returning the identification envelope to the directorboard of 947
elections. The envelope in which the two envelopes and the 948
uniformed services or overseas absent voter's ballots are mailed 949
to the elector shall have two parallel lines, each one quarter of 950
an inch in width, printed across its face, paralleling the top, 951
with an intervening space of one-quarter of an inch between such 952
lines. The top line shall be one and one-quarter inches from the 953
top of the envelope. Between the parallel lines shall be printed: 954
"official uniformed services or overseas absent voter's balloting 955
material--via air mail." The appropriate return address of the 956
director of the board of elections shall be printed in the upper 957
left corner on the face of such envelope. Several blank lines 958
shall be printed on the face of such envelope in the lower right 959
portion, below the bottom parallel line, for writing in the name 960
and address of the elector to whom such envelope is mailed. 961

       Sec. 3511.07.  When mailing unsealed identification envelopes 962
and unsealed return envelopes to persons, the director of the963
board of elections shall insert a sheet of waxed paper or other 964
appropriate insert between the gummed flap and the back of each of 965
such envelopes to minimize the possibility that the flap may 966
become firmly stuck to the back of the envelope by reason of 967
moisture, humid atmosphere, or other conditions to which they may 968
be subjected. If the flap on either of such envelopes should be so 969
firmly stuck to the back of the envelope when it is received by 970
the voter as to require forcible opening of the envelope in order 971
to use it, the voter shall open such envelope in the manner least 972
injurious to it, and, after marking histhe voter's ballots and 973
enclosing them in the envelope for mailing to the directorboard, 974
hethe voter shall reclose such envelope in the most practicable 975
way, by sealing it or otherwise, and shall sign the blank form 976
printed on the back of such envelope.977

       Sec. 3511.08.  The director of the board of elections shall 978
keep a record of the name and address of each person to whom the 979
directorboard mails or delivers uniformed services or overseas 980
absent voter's ballots, the kinds of ballots so mailed or 981
delivered, and the name and address of the person who made the 982
application for such ballots. After the directorboard has mailed 983
or delivered such ballots the directorboard shall not mail or 984
deliver additional ballots of the same kind to such person 985
pursuant to a subsequent request unless such subsequent request 986
contains the statement that an earlier request had been sent to 987
the directorboard prior to the thirtieth day before the election 988
and that the uniformed services or overseas absent voter's ballots 989
so requested had not been received by such person prior to the 990
fifteenth day before the election, and provided that the director991
board has not received an identification envelope purporting to 992
contain marked uniformed services or overseas absent voter's 993
ballots from such person.994

       Sec. 3511.09.  Upon receiving uniformed services or overseas 995
absent voter's ballots, the elector shall cause the questions on 996
the face of the identification envelope to be answered, and, by 997
writing the elector's usual signature in the proper place on the 998
identification envelope, the elector shall declare under penalty 999
of election falsification that the answers to those questions are 1000
true and correct to the best of the elector's knowledge and 1001
belief. Then, the elector shall note whether there are any voting 1002
marks on the ballot. If there are any voting marks, the ballot 1003
shall be returned immediately to the board of elections; 1004
otherwise, the elector shall cause the ballot to be marked, folded 1005
separately so as to conceal the markings on it, deposited in the 1006
identification envelope, and securely sealed in the identification 1007
envelope. The elector then shall cause the identification envelope 1008
to be placed within the return envelope, sealed in the return 1009
envelope, and mailed to the director of the board of elections to 1010
whom it is addressed. The ballot shall be submitted for mailing 1011
not later than 12:01 a.m. at the place where the voter completes 1012
the ballot, on the date of the election. If the elector does not 1013
provide the elector's driver's license number or the last four 1014
digits of the elector's social security number on the statement of 1015
voter on the identification envelope, the elector also shall 1016
include in the return envelope with the identification envelope a 1017
copy of the elector's current valid photo identification, a copy 1018
of a military identification, or a copy of a current utility bill, 1019
bank statement, government check, paycheck, or other government 1020
document, other than a notice of voter registration mailed by a 1021
board of elections under section 3503.19 of the Revised Code, that 1022
shows the name and address of the elector. Each elector who will 1023
be outside the United States on the day of the election shall 1024
check the box on the return envelope indicating this fact and 1025
shall mail the return envelope to the directorboard prior to the 1026
close of the polls on election day.1027

       Every uniformed services or overseas absent voter's ballot 1028
identification envelope shall be accompanied by the following 1029
statement in boldface capital letters: WHOEVER COMMITS ELECTION 1030
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.1031

       Sec. 3511.10.  If, after the thirty-fifth day and before the 1032
close of the polls on the day of a general or primary election, a 1033
valid application for uniformed services or overseas absent 1034
voter's ballots is delivered to the director of the board of 1035
elections at the office of the board by a person making the 1036
application on the person's own behalf, the directorboard shall 1037
forthwith deliver to the person all uniformed services or overseas 1038
absent voter's ballots then ready for use, together with an 1039
identification envelope. The person shall then immediately retire 1040
to a voting booth in the office of the board, and mark the 1041
ballots. The person shall then fold each ballot separately so as 1042
to conceal the person's markings thereon, and deposit all of the 1043
ballots in the identification envelope and securely seal it. 1044
Thereupon the person shall fill in answers to the questions on the 1045
face of the identification envelope, and by writing the person's 1046
usual signature in the proper place thereon, the person shall 1047
declare under penalty of election falsification that the answers 1048
to those questions are true and correct to the best of that 1049
person's knowledge and belief. The person shall then deliver the 1050
identification envelope to the directorboard. If thereafter, and 1051
before the third day preceding such election, the board provides 1052
additional separate official issue or special election ballots, as 1053
provided for in section 3511.04 of the Revised Code, the director1054
board shall promptly, and not later than twelve noon of the third 1055
day preceding the day of election, mail such additional ballots to 1056
such person at the address specified by that person for that 1057
purpose.1058

       In the event any person serving in the armed forces of the 1059
United States is discharged after the closing date of 1060
registration, and that person or that person's spouse, or both, 1061
meets all the other qualifications set forth in section 3511.011 1062
of the Revised Code, the person or spouse shall be permitted to 1063
vote prior to the date of the election in the office of the board 1064
in the person's or spouse's county, as set forth in this section.1065

       Sec. 3511.11.  (A) Upon receipt of any return envelope 1066
bearing the designation "Official Election Uniformed Services or 1067
Overseas Absent Voter's Ballot" prior to the eleventh day after 1068
the day of any election, the director of the board of elections 1069
shall open it but shall not open the identification envelope 1070
contained in it. If, upon so opening the return envelope, the 1071
directorboard finds ballots in it that are not enclosed in and 1072
properly sealed in the identification envelope, the directorboard1073
shall not look at the markings upon the ballots and shall promptly 1074
place them in the identification envelope and promptly seal it. 1075
If, upon so opening the return envelope, the directorboard finds 1076
that ballots are enclosed in the identification envelope but that 1077
it is not properly sealed, the directorboard shall not look at 1078
the markings upon the ballots and shall promptly seal the 1079
identification envelope.1080

       (B) Uniformed services or overseas absent voter's ballots 1081
delivered to the directorboard not later than the close of the 1082
polls on election day shall be counted in the manner provided in 1083
section 3509.06 of the Revised Code.1084

       (C) A return envelope is not required to be postmarked in 1085
order for a uniformed services or overseas absent voter's ballot 1086
contained in it to be valid. Except as otherwise provided in this 1087
division, whether or not the return envelope containing the ballot 1088
is postmarked, contains a late postmark, or contains an illegible 1089
postmark, a uniformed services or overseas absent voter's ballot 1090
that is received after the close of the polls on election day 1091
through the tenth day after the election day shall be counted on 1092
the eleventh day after the election day at the office of the board 1093
of elections in the manner provided in divisions (C) and (D) of 1094
section 3509.06 of the Revised Code, if the voter signed the 1095
identification envelope by the time specified in section 3511.09 1096
of the Revised Code. However, if a return envelope containing a 1097
uniformed services or overseas absent voter's ballot is so 1098
received and so indicates, but the identification envelope in it 1099
is signed after the close of the polls on election day, the 1100
uniformed services or overseas absent voter's ballot shall not be 1101
counted.1102

       (D) The following types of uniformed services or overseas 1103
absent voter's ballots shall not be counted:1104

       (1) Uniformed services or overseas absent voter's ballots 1105
contained in return envelopes that bear the designation "Official 1106
Election Uniformed Services or Overseas Absent Voter's Ballots," 1107
that are received by the directorboard after the close of the 1108
polls on the day of the election, and that contain an 1109
identification envelope that is signed after the time specified in 1110
section 3511.09 of the Revised Code;1111

       (2) Uniformed services or overseas absent voter's ballots 1112
contained in return envelopes that bear that designation and that 1113
are received after the tenth day following the election.1114

       The uncounted ballots shall be preserved in their 1115
identification envelopes unopened until the time provided by 1116
section 3505.31 of the Revised Code for the destruction of all 1117
other ballots used at the election for which ballots were 1118
provided, at which time they shall be destroyed.1119

       Sec. 3511.13. (A) The poll list or signature pollbook for 1120
each precinct shall identify each registered elector in that 1121
precinct who has requested a uniformed services or overseas absent 1122
voter's ballot for that election.1123

        (B)(1) If a registered elector appears to vote in that 1124
precinct and that elector has requested a uniformed services or 1125
overseas absent voter's ballot for that election but the director1126
board of elections has not received a sealed identification 1127
envelope purporting to contain that elector's voted uniformed 1128
services or overseas absent voter's ballots for that election, the 1129
elector shall be permitted to cast a provisional ballot under 1130
section 3505.181 of the Revised Code in that precinct on the day 1131
of that election.1132

        (2) If a registered elector appears to vote in that precinct 1133
and that elector has requested a uniformed services or overseas 1134
absent voter's ballot for that election and the directorboard has 1135
received a sealed identification envelope purporting to contain 1136
that elector's voted uniformed services or overseas absent voter's 1137
ballots for that election, the elector shall be permitted to cast 1138
a provisional ballot under section 3505.181 of the Revised Code in 1139
that precinct on the day of that election.1140

        (C)(1) In counting uniformed services or overseas absent 1141
voter's ballots under section 3511.11 of the Revised Code, the 1142
board of elections shall compare the signature of each elector 1143
from whom the directorboard has received a sealed identification 1144
envelope purporting to contain that elector's voted uniformed 1145
services or overseas absent voter's ballots for that election to 1146
the signature on the elector's registration form. Except as 1147
otherwise provided in division (C)(3) of this section, if the 1148
board of elections determines that the uniformed services or 1149
overseas absent voter's ballot in the sealed identification 1150
envelope is valid, it shall be counted. If the board of elections 1151
determines that the signature on the sealed identification 1152
envelope purporting to contain the elector's voted uniformed 1153
services or overseas absent voter's ballot does not match the 1154
signature on the elector's registration form, the ballot shall be 1155
set aside and the board shall examine, during the time prior to 1156
the beginning of the official canvass, the poll list or signature 1157
pollbook from the precinct in which the elector is registered to 1158
vote to determine if the elector also cast a provisional ballot 1159
under section 3505.181 of the Revised Code in that precinct on the 1160
day of the election.1161

       (2) The board of elections shall count the provisional 1162
ballot, instead of the uniformed services or overseas absent 1163
voter's ballot, of an elector from whom the directorboard has 1164
received an identification envelope purporting to contain that 1165
elector's voted uniformed services or overseas absent voter's 1166
ballots, if both of the following apply:1167

        (a) The board of elections determines that the signature of 1168
the elector on the outside of the identification envelope in which 1169
the uniformed services or overseas absent voter's ballots are 1170
enclosed does not match the signature of the elector on the 1171
elector's registration form;.1172

        (b) The elector cast a provisional ballot in the precinct on 1173
the day of the election.1174

       (3) If the board of elections does not receive the sealed 1175
identification envelope purporting to contain the elector's voted 1176
uniformed services or overseas absent voter's ballot by the 1177
applicable deadline established under section 3511.11 of the 1178
Revised Code, the provisional ballot cast under section 3505.181 1179
of the Revised Code in that precinct on the day of the election 1180
shall be counted as valid, if that provisional ballot is otherwise 1181
determined to be valid pursuant to section 3505.183 of the Revised 1182
Code.1183

       (D) If the board of elections counts a provisional ballot 1184
under division (C)(2) or (3) of this section, the returned 1185
identification envelope of that elector shall not be opened, and 1186
the ballot within that envelope shall not be counted. The 1187
identification envelope shall be endorsed "Not Counted" with the 1188
reason the ballot was not counted.1189

       Section 2. That existing sections 3501.05, 3509.03, 3509.04, 1190
3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.04, 3511.05, 1191
3511.06, 3511.07, 3511.08, 3511.09, 3511.10, 3511.11, and 3511.13 1192
of the Revised Code are hereby repealed.1193