|
|
To amend sections 3503.14 and 3503.15 and to enact | 1 |
section 3503.20 of the Revised Code to require the | 2 |
Secretary of State to create an online voter | 3 |
registration system and to permit data sharing in | 4 |
order to maintain the statewide voter registration | 5 |
database. | 6 |
Section 1. That sections 3503.14 and 3503.15 be amended and | 7 |
section 3503.20 of the Revised Code be enacted to read as follows: | 8 |
Sec. 3503.14. (A) The secretary of state shall prescribe the | 9 |
form and content of the registration, change of residence, and | 10 |
change of name forms used in this state. The forms shall meet the | 11 |
requirements of the National Voter Registration Act of 1993 and | 12 |
shall include spaces for all of the following: | 13 |
(1) The voter's name; | 14 |
(2) The voter's address; | 15 |
(3) The current date; | 16 |
(4) The voter's date of birth; | 17 |
(5) The voter to provide one or more of the following: | 18 |
(a) The voter's driver's license number, if any; | 19 |
(b) The last four digits of the voter's social security | 20 |
number, if any; | 21 |
(c) A copy of a current and valid photo identification, a | 22 |
copy of a military identification, or a copy of a current utility | 23 |
bill, bank statement, government check, paycheck, or other | 24 |
government document, other than a notice of an election mailed by | 25 |
a board of elections under section 3501.19 of the Revised Code or | 26 |
a notice of voter registration mailed by a board of elections | 27 |
under section 3503.19 of the Revised Code, that shows the voter's | 28 |
name and address. | 29 |
(6) The voter's signature. | 30 |
The registration form shall include a space on which the | 31 |
person registering an applicant shall sign the person's name and | 32 |
provide the person's address and a space on which the person | 33 |
registering an applicant shall name the employer who is employing | 34 |
that person to register the applicant. | 35 |
Except for forms prescribed by the secretary of state under | 36 |
section 3503.11 of the Revised Code, the secretary of state shall | 37 |
permit boards of elections to produce forms that have subdivided | 38 |
spaces for each individual alphanumeric character of the | 39 |
information provided by the voter so as to accommodate the | 40 |
electronic reading and conversion of the voter's information to | 41 |
data and the subsequent electronic transfer of that data to the | 42 |
statewide voter registration database established under section | 43 |
3503.15 of the Revised Code. | 44 |
(B) None of the following persons who are registering an | 45 |
applicant in the course of that official's or employee's normal | 46 |
duties shall sign the person's name, provide the person's address, | 47 |
or name the employer who is employing the person to register an | 48 |
applicant on a form prepared under this section: | 49 |
(1) An election official; | 50 |
(2) A county treasurer; | 51 |
(3) A deputy registrar of motor vehicles; | 52 |
(4) An employee of a designated agency; | 53 |
(5) An employee of a public high school; | 54 |
(6) An employee of a public vocational school; | 55 |
(7) An employee of a public library; | 56 |
(8) An employee of the office of a county treasurer; | 57 |
(9) An employee of the bureau of motor vehicles; | 58 |
(10) An employee of a deputy registrar of motor vehicles; | 59 |
(11) An employee of an election official. | 60 |
(C) Except as provided in section 3501.382 of the Revised | 61 |
Code, any applicant who is unable to sign the applicant's own name | 62 |
shall make an "X," if possible, which shall be certified by the | 63 |
signing of the name of the applicant by the person filling out the | 64 |
form, who shall add the person's own signature. If an applicant is | 65 |
unable to make an "X," the applicant shall indicate in some manner | 66 |
that the applicant desires to register to vote or to change the | 67 |
applicant's name or residence. The person registering the | 68 |
applicant shall sign the form and attest that the applicant | 69 |
indicated that the applicant desired to register to vote or to | 70 |
change the applicant's name or residence. | 71 |
(D) No registration, change of residence, or change of name | 72 |
form shall be rejected solely on the basis that a person | 73 |
registering an applicant failed to sign the person's name or | 74 |
failed to name the employer who is employing that person to | 75 |
register the applicant as required under division (A) of this | 76 |
section. | 77 |
(E) A voter registration application submitted online through | 78 |
the internet pursuant to section 3503.20 of the Revised Code is | 79 |
not required to contain a signature to be considered valid. The | 80 |
signature obtained under division (C)(1) of that section shall be | 81 |
considered the applicant's signature for all election and | 82 |
signature-matching purposes. | 83 |
(F) As used in this section, "registering an applicant" | 84 |
includes any effort, for compensation, to provide voter | 85 |
registration forms or to assist persons in completing or returning | 86 |
those forms. | 87 |
Sec. 3503.15. (A)(1) The secretary of state shall establish | 88 |
and maintain a statewide voter registration database that shall be | 89 |
continuously available to each board of elections and to other | 90 |
agencies as authorized by law. | 91 |
(2)(a) State agencies, including, but not limited to, the | 92 |
department of health, bureau of motor vehicles, department of job | 93 |
and family services, and the department of rehabilitation and | 94 |
corrections, shall provide any information and data to the | 95 |
secretary of state that the secretary of state considers necessary | 96 |
in order to maintain the statewide voter registration database | 97 |
established pursuant to this section, except where prohibited by | 98 |
federal law or regulation. The secretary of state shall ensure | 99 |
that any information or data provided to the secretary of state | 100 |
that is confidential in the possession of the entity providing the | 101 |
data remains confidential while in the possession of the secretary | 102 |
of state. | 103 |
(b) Information provided under this division for maintenance | 104 |
of the statewide voter registration database shall not be used to | 105 |
update the name or address of a registered elector. The name or | 106 |
address of a registered elector shall only be updated as a result | 107 |
of the elector's actions in filing a notice of change of name, | 108 |
change of address, or both. | 109 |
(c) A board of elections shall contact a registered elector | 110 |
by mail at the address on file with the board to verify the | 111 |
accuracy of the information in the statewide voter registration | 112 |
database regarding that elector if information provided under | 113 |
division (A)(2)(a) of this section identifies a discrepancy | 114 |
between the information regarding that elector that is maintained | 115 |
in the statewide voter registration database and maintained by a | 116 |
state agency. | 117 |
(3) The secretary of state may enter into agreements to share | 118 |
information or data with other states or groups of states, as the | 119 |
secretary of state considers necessary, in order to maintain the | 120 |
statewide voter registration database established pursuant to this | 121 |
section. Except as otherwise provided in this division, the | 122 |
secretary of state shall ensure that any information or data | 123 |
provided to the secretary of state that is confidential in the | 124 |
possession of the state providing the data remains confidential | 125 |
while in the possession of the secretary of state. The secretary | 126 |
of state may provide such otherwise confidential information or | 127 |
data to persons or organizations that are engaging in legitimate | 128 |
governmental purposes related to the maintenance of the statewide | 129 |
voter registration database. | 130 |
(B) The statewide voter registration database established | 131 |
under this section shall be the official list of registered voters | 132 |
for all elections conducted in this state. | 133 |
(C) The statewide voter registration database established | 134 |
under this section shall, at a minimum, include all of the | 135 |
following: | 136 |
(1) An electronic network that connects all board of | 137 |
elections offices with the office of the secretary of state and | 138 |
with the offices of all other boards of elections; | 139 |
(2) A computer program that harmonizes the records contained | 140 |
in the database with records maintained by each board of | 141 |
elections; | 142 |
(3) An interactive computer program that allows access to the | 143 |
records contained in the database by each board of elections and | 144 |
by any persons authorized by the secretary of state to add, | 145 |
delete, modify, or print database records, and to conduct updates | 146 |
of the database; | 147 |
(4) A search program capable of verifying registered voters | 148 |
and their registration information by name, driver's license | 149 |
number, birth date, social security number, or current address; | 150 |
(5) Safeguards and components to ensure that the integrity, | 151 |
security, and confidentiality of the voter registration | 152 |
information is maintained. | 153 |
(D) The secretary of state shall adopt rules pursuant to | 154 |
Chapter 119. of the Revised Code doing all of the following: | 155 |
(1) Specifying the manner in which existing voter | 156 |
registration records maintained by boards of elections shall be | 157 |
converted to electronic files for inclusion in the statewide voter | 158 |
registration database; | 159 |
(2) Establishing a uniform method for entering voter | 160 |
registration records into the statewide voter registration | 161 |
database on an expedited basis, but not less than once per day, if | 162 |
new registration information is received; | 163 |
(3) Establishing a uniform method for purging canceled voter | 164 |
registration records from the statewide voter registration | 165 |
database in accordance with section 3503.21 of the Revised Code; | 166 |
(4) Specifying the persons authorized to add, delete, modify, | 167 |
or print records contained in the statewide voter registration | 168 |
database and to make updates of that database; | 169 |
(5) Establishing a process for annually auditing the | 170 |
information contained in the statewide voter registration | 171 |
database. | 172 |
(E) A board of elections promptly shall purge a voter's name | 173 |
and voter registration information from the statewide voter | 174 |
registration database in accordance with the rules adopted by the | 175 |
secretary of state under division (D)(3) of this section after the | 176 |
cancellation of a voter's registration under section 3503.21 of | 177 |
the Revised Code. | 178 |
(F) The secretary of state shall provide training in the | 179 |
operation of the statewide voter registration database to each | 180 |
board of elections and to any persons authorized by the secretary | 181 |
of state to add, delete, modify, or print database records, and to | 182 |
conduct updates of the database. | 183 |
(G)(1) The statewide voter registration database established | 184 |
under this section shall be made available on a web site of the | 185 |
office of the secretary of state as follows: | 186 |
(a) Except as otherwise provided in division (G)(1)(b) of | 187 |
this section, only the following information from the statewide | 188 |
voter registration database regarding a registered voter shall be | 189 |
made available on the web site: | 190 |
(i) The voter's name; | 191 |
(ii) The voter's address; | 192 |
(iii) The voter's precinct number; | 193 |
(iv) The voter's voting history. | 194 |
(b) During the thirty days before the day of a primary or | 195 |
general election, the web site interface of the statewide voter | 196 |
registration database shall permit a voter to search for the | 197 |
polling location at which that voter may cast a ballot. | 198 |
(2) The secretary of state shall establish, by rule adopted | 199 |
under Chapter 119. of the Revised Code, a process for boards of | 200 |
elections to notify the secretary of state of changes in the | 201 |
locations of precinct polling places for the purpose of updating | 202 |
the information made available on the secretary of state's web | 203 |
site under division (G)(1)(b) of this section. Those rules shall | 204 |
require a board of elections, during the thirty days before the | 205 |
day of a primary or general election, to notify the secretary of | 206 |
state within one business day of any change to the location of a | 207 |
precinct polling place within the county. | 208 |
(3) During the thirty days before the day of a primary or | 209 |
general election, not later than one business day after receiving | 210 |
a notification from a county pursuant to division (G)(2) of this | 211 |
section that the location of a precinct polling place has changed, | 212 |
the secretary of state shall update that information on the | 213 |
secretary of state's web site for the purpose of division | 214 |
(G)(1)(b) of this section. | 215 |
Sec. 3503.20. (A) As used in this section, "applicant" means | 216 |
an individual who is qualified to register to vote under this | 217 |
chapter and who possesses a current and valid Ohio driver's | 218 |
license or identification card issued under Chapter 4507. of the | 219 |
Revised Code. | 220 |
(B) The secretary of state, by rule, shall establish a secure | 221 |
online process for voter registration. The rules shall provide for | 222 |
an applicant to submit all of the following to the secretary of | 223 |
state online through the internet: | 224 |
(1) An application to register as a first-time voter in Ohio | 225 |
or an application to change the applicant's name, address, or | 226 |
both, as set forth in the applicant's existing voter registration | 227 |
record; | 228 |
(2) Information to establish the applicant's address, that | 229 |
the applicant is qualified to register to vote under this chapter, | 230 |
and that the applicant possesses a current and valid Ohio driver's | 231 |
license or identification card issued under Chapter 4507. of the | 232 |
Revised Code; | 233 |
(3) The applicant's attestation to the truth and accuracy of | 234 |
the information submitted in the online application under penalty | 235 |
of election falsification using the applicant's Ohio driver's | 236 |
license number or the number of the applicant's Ohio | 237 |
identification card as proof of the applicant's identity. | 238 |
(C) The online voter registration application established | 239 |
under division (B) of this section shall include the following | 240 |
language: | 241 |
"By clicking the box below, I affirm all of the following | 242 |
under penalty of election falsification: | 243 |
(1) I am the person whose name and identifying information is | 244 |
provided on this form, and I desire to register to vote, or update | 245 |
my voter registration, in the State of Ohio. | 246 |
(2) All of the information I have provided on this form is | 247 |
true and correct as of the date I am submitting this form. | 248 |
(3) I authorize the Bureau of Motor Vehicles to transmit to | 249 |
the Ohio Secretary of State my signature that is on file with the | 250 |
Bureau of Motor Vehicles, and I understand and agree that the | 251 |
signature transmitted by the Bureau of Motor Vehicles will be used | 252 |
by the Secretary of State to validate this electronic voter | 253 |
registration application as if I had signed this form personally." | 254 |
In order to register to vote or update a voter registration | 255 |
under division (B) of this section, an applicant or elector shall | 256 |
be required to mark the box in the online voter registration | 257 |
application that appears in conjunction with the previous | 258 |
statement. | 259 |
(D) When an applicant submits a voter registration | 260 |
application under this section, the secretary of state shall | 261 |
submit the completed application to the bureau of motor vehicles. | 262 |
The bureau of motor vehicles shall compare the information | 263 |
submitted by the applicant with the information maintained in the | 264 |
bureau of motor vehicles database that lists individuals who | 265 |
possess a current and valid Ohio driver's license or | 266 |
identification card issued under Chapter 4507. of the Revised | 267 |
Code. | 268 |
(1) If the bureau of motor vehicles confirms that the | 269 |
applicant possesses a current and valid Ohio driver's license or | 270 |
identification card issued under Chapter 4507. of the Revised | 271 |
Code, the bureau of motor vehicles shall submit the completed | 272 |
application and the information compiled by the bureau of motor | 273 |
vehicles, including an electronic copy of the applicant's | 274 |
signature, to the secretary of state. The secretary of state shall | 275 |
validate and submit the completed application and the information | 276 |
compiled by the bureau of motor vehicles, including the electronic | 277 |
signature of the applicant, to the board of elections of the | 278 |
county in which the applicant resides. The board of elections | 279 |
shall register the applicant. The electronic signature shall be | 280 |
used as the applicant's signature on voter registration records, | 281 |
for all election and signature-matching purposes. | 282 |
(2) If the bureau of motor vehicles is unable to confirm that | 283 |
the applicant possesses a current and valid Ohio driver's license | 284 |
or identification card issued under Chapter 4507. of the Revised | 285 |
Code, the bureau of motor vehicles shall submit the completed | 286 |
application and the information that the bureau of motor vehicles | 287 |
is unable to confirm that the applicant possesses a current and | 288 |
valid Ohio driver's license or identification card to the | 289 |
secretary of state. The secretary of state shall submit the | 290 |
completed application and the information that the bureau of motor | 291 |
vehicles is unable to confirm that the applicant possesses a | 292 |
current and valid Ohio driver's license or identification card to | 293 |
the board of elections of the county in which the applicant | 294 |
resides. The board of elections shall send a notice to the | 295 |
applicant that the application cannot be processed because the | 296 |
bureau of motor vehicles cannot confirm that the applicant | 297 |
possesses a current and valid Ohio driver's license or | 298 |
identification card. The board of elections shall send the notice | 299 |
to the applicant at the electronic mail address, if any, provided | 300 |
in the application, and by mail to the address provided in the | 301 |
application. | 302 |
Section 2. That existing sections 3503.14 and 3503.15 of the | 303 |
Revised Code are hereby repealed. | 304 |