H. B. No. 78 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 78

Representative Stinziano

Cosponsors: Representatives Ashford, Boyd, Cera, Curtin, Hackett, Hagan, R., Mallory, Ramos

A BILL

To amend sections 3503.14 and 3503.15 and to enact

section 3503.20 of the Revised Code to require the

Secretary of State to create an online voter

registration system and to permit data sharing in

order to maintain the statewide voter registration

database.

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

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;

(2) The voter's address;

(3) The current date;

(4) The voter's date of birth;

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

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

(b) The last four digits of the voter's social security	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.

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;

(2) A county treasurer;

(3) A deputy registrar of motor vehicles;

(4) An employee of a designated agency;

(5) An employee of a public high school;

(6) An employee of a public vocational school;

(7) An employee of a public library;

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

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

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

(11) An employee of an election official.

(C) Except as provided in section 3501.382 of the Revised	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