Am. Sub. S. B. No. 109 As Reported by the House Policy and Legislative Oversight Committee

As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly

Regular Session

2013-2014

Am. Sub. S. B. No. 109

Senator Obhof

Cosponsors: Senators Eklund, Faber, Hite, LaRose, Peterson

A BILL

To amend sections 2101.44, 3501.01, 3501.05,

3501.051, 3501.06, 3501.11, 3501.13, 3501.17,

3501.22, 3501.26, 3501.27, 3501.28, 3501.29,

3501.30, 3501.31, 3501.32, 3501.33, 3501.35,

3501.37, 3503.02, 3503.26, 3505.07, 3505.08,

3505.16, 3505.17, 3505.18, 3505.20, 3505.21,

3505.23, 3505.24, 3505.26, 3505.29, 3505.30,

3505.31, 3506.05, 3506.12, 3506.15, 3509.01,

3509.06, 3513.131, 3513.18, 3513.19, 3513.21,

3515.04, 3517.106, 3517.11, 3599.07, 3599.17,

3599.19, and 3599.31, to enact sections 3501.021

and 3506.021, and to repeal section 3506.16 of the

Revised Code to revise the law regarding election

administration, ballots, and candidates.

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

Section 1. That sections 2101.44, 3501.01, 3501.05,	15
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	16
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	17
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	18
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	19
3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01,	20
3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04, 3517.106,	21
3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 be amended and	22
sections 3501.021 and 3506.021 of the Revised Code be enacted to	23
read as follows:	24

Sec. 2101.44. The election upon the question of combining	25
the probate court and the court of common pleas shall be conducted	26
as provided for the election of county officers.	27

The board of ~~election~~elections shall provide separate	28
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	29
such other supplies as may be necessary in the conduct of such	30
election.	31

Ballots shall be printed with an affirmative and negative	32
statement thereon, as follows:	33

		The probate court and the court of common pleas shall be combined.			35
		The probate court and the court of common pleas shall not be combined.			36

Returns of said election shall be made and canvassed at the	38
same time and in the same manner as an election for county	39
officers. The board shall certify the result of said election to	40
the secretary of state, to the probate judge of said county, and	41
to the judge of the court of common pleas, and such result shall	42
be spread upon the journal of the probate court and of the court	43
of common pleas.	44

If a majority of the votes cast at such an election are in	45
favor of combining said courts, such courts shall stand combined	46
upon determination of the fact that a majority of the persons	47
voting upon the question of the combination of such courts voted	48
in favor of such combination.	49

Sec. 3501.01. As used in the sections of the Revised Code	50
relating to elections and political communications:	51

(A) "General election" means the election held on the first	52
Tuesday after the first Monday in each November.	53

(B) "Regular municipal election" means the election held on	54
the first Tuesday after the first Monday in November in each	55
odd-numbered year.	56

(C) "Regular state election" means the election held on the	57
first Tuesday after the first Monday in November in each	58
even-numbered year.	59

(D) "Special election" means any election other than those	60
elections defined in other divisions of this section. A special	61
election may be held only on the first Tuesday after the first	62
Monday in February, May, August, or November, or on the day	63
authorized by a particular municipal or county charter for the	64
holding of a primary election, except that in any year in which a	65
presidential primary election is held, no special election shall	66
be held in February or May, except as authorized by a municipal or	67
county charter, but may be held on the first Tuesday after the	68
first Monday in March.	69

(E)(1) "Primary" or "primary election" means an election held	70
for the purpose of nominating persons as candidates of political	71
parties for election to offices, and for the purpose of electing	72
persons as members of the controlling committees of political	73
parties and as delegates and alternates to the conventions of	74
political parties. Primary elections shall be held on the first	75
Tuesday after the first Monday in May of each year except in years	76
in which a presidential primary election is held.	77

(2) "Presidential primary election" means a primary election	78
as defined by division (E)(1) of this section at which an election	79
is held for the purpose of choosing delegates and alternates to	80
the national conventions of the major political parties pursuant	81
to section 3513.12 of the Revised Code. Unless otherwise	82
specified, presidential primary elections are included in	83
references to primary elections. In years in which a presidential	84
primary election is held, all primary elections shall be held on	85
the first Tuesday after the first Monday in March except as	86
otherwise authorized by a municipal or county charter.	87

(F) "Political party" means any group of voters meeting the	88
requirements set forth in section 3517.01 of the Revised Code for	89
the formation and existence of a political party.	90

(1) "Major political party" means any political party	91
organized under the laws of this state whose candidate for	92
governor or nominees for presidential electors received no less	93
than twenty per cent of the total vote cast for such office at the	94
most recent regular state election.	95

(2) "Intermediate political party" means any political party	96
organized under the laws of this state whose candidate for	97
governor or nominees for presidential electors received less than	98
twenty per cent but not less than ten per cent of the total vote	99
cast for such office at the most recent regular state election.	100

(3) "Minor political party" means any political party	101
organized under the laws of this state whose candidate for	102
governor or nominees for presidential electors received less than	103
ten per cent but not less than five per cent of the total vote	104
cast for such office at the most recent regular state election or	105
which has filed with the secretary of state, subsequent to any	106
election in which it received less than five per cent of such	107
vote, a petition signed by qualified electors equal in number to	108
at least one per cent of the total vote cast for such office in	109
the last preceding regular state election, except that a newly	110
formed political party shall be known as a minor political party	111
until the time of the first election for governor or president	112
which occurs not less than twelve months subsequent to the	113
formation of such party, after which election the status of such	114
party shall be determined by the vote for the office of governor	115
or president.	116

(G) "Dominant party in a precinct" or "dominant political	117
party in a precinct" means that political party whose candidate	118
for election to the office of governor at the most recent regular	119
state election at which a governor was elected received more votes	120
than any other person received for election to that office in such	121
precinct at such election.	122

(H) "Candidate" means any qualified person certified in	123
accordance with the provisions of the Revised Code for placement	124
on the official ballot of a primary, general, or special election	125
to be held in this state, or any qualified person who claims to be	126
a write-in candidate, or who knowingly assents to being	127
represented as a write-in candidate by another at either a	128
primary, general, or special election to be held in this state.	129

(I) "Independent candidate" means any candidate who claims	130
not to be affiliated with a political party, and whose name has	131
been certified on the office-type ballot at a general or special	132
election through the filing of a statement of candidacy and	133
nominating petition, as prescribed in section 3513.257 of the	134
Revised Code.	135

(J) "Nonpartisan candidate" means any candidate whose name is	136
required, pursuant to section 3505.04 of the Revised Code, to be	137
listed on the nonpartisan ballot, including all candidates for	138
judicial office, for member of any board of education, for	139
municipal or township offices in which primary elections are not	140
held for nominating candidates by political parties, and for	141
offices of municipal corporations having charters that provide for	142
separate ballots for elections for these offices.	143

(K) "Party candidate" means any candidate who claims to be a	144
member of a political party, whose name has been certified on the	145
office-type ballot at a general or special election through the	146
filing of a declaration of candidacy and petition of candidate,	147
and who has won the primary election of the candidate's party for	148
the public office the candidate seeks or is selected by party	149
committee in accordance with section 3513.31 of the Revised Code.	150

(L) "Officer of a political party" includes, but is not	151
limited to, any member, elected or appointed, of a controlling	152
committee, whether representing the territory of the state, a	153
district therein, a county, township, a city, a ward, a precinct,	154
or other territory, of a major, intermediate, or minor political	155
party.	156

(M) "Question or issue" means any question or issue certified	157
in accordance with the Revised Code for placement on an official	158
ballot at a general or special election to be held in this state.	159

(N) "Elector" or "qualified elector" means a person having	160
the qualifications provided by law to be entitled to vote.	161

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

162

(P) "Voting residence" means that place of residence of an	163
elector which shall determine the precinct in which the elector	164
may vote.	165

(Q) "Precinct" means a district within a county established	166
by the board of elections of such county within which all	167
qualified electors having a voting residence therein may vote at	168
the same polling place.	169

(R) "Polling place" means that place provided for each	170
precinct at which the electors having a voting residence in such	171
precinct may vote.	172

(S) "Board" or "board of elections" means the board of	173
elections appointed in a county pursuant to section 3501.06 of the	174
Revised Code.	175

(T) "Political subdivision" means a county, township, city,	176
village, or school district.	177

(U) "Election officer" or "election official" means any of	178
the following:	179

(1) Secretary of state;

180

(2) Employees of the secretary of state serving the division	181
of elections in the capacity of attorney, administrative officer,	182
administrative assistant, elections administrator, office manager,	183
or clerical supervisor;	184

(3) Director of a board of elections;

185

(4) Deputy director of a board of elections;

186

(5) Member of a board of elections;

187

(6) Employees of a board of elections;

188

(7) Precinct ~~polling place judges~~election officials;

189

(8) Employees appointed by the boards of elections on a	190
temporary or part-time basis.	191

(V) "Acknowledgment notice" means a notice sent by a board of	192
elections, on a form prescribed by the secretary of state,	193
informing a voter registration applicant or an applicant who	194
wishes to change the applicant's residence or name of the status	195
of the application; the information necessary to complete or	196
update the application, if any; and if the application is	197
complete, the precinct in which the applicant is to vote.	198

(W) "Confirmation notice" means a notice sent by a board of	199
elections, on a form prescribed by the secretary of state, to a	200
registered elector to confirm the registered elector's current	201
address.	202

(X) "Designated agency" means an office or agency in the	203
state that provides public assistance or that provides	204
state-funded programs primarily engaged in providing services to	205
persons with disabilities and that is required by the National	206
Voter Registration Act of 1993 to implement a program designed and	207
administered by the secretary of state for registering voters, or	208
any other public or government office or agency that implements a	209
program designed and administered by the secretary of state for	210
registering voters, including the department of job and family	211
services, the program administered under section 3701.132 of the	212
Revised Code by the department of health, the department of mental	213
health, the department of developmental disabilities, the	214
rehabilitation services commission, and any other agency the	215
secretary of state designates. "Designated agency" does not	216
include public high schools and vocational schools, public	217
libraries, or the office of a county treasurer.	218

(Y) "National Voter Registration Act of 1993" means the	219
"National Voter Registration Act of 1993," 107 Stat. 77, 42	220
U.S.C.A. 1973gg.	221

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	222
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	223

(AA) "Photo identification" means a document that meets each	224
of the following requirements:	225

(1) It shows the name of the individual to whom it was	226
issued, which shall conform to the name in the poll list or	227
signature pollbook.	228

(2) It shows the current address of the individual to whom it	229
was issued, which shall conform to the address in the poll list or	230
signature pollbook, except for a driver's license or a state	231
identification card issued under section 4507.50 of the Revised	232
Code, which may show either the current or former address of the	233
individual to whom it was issued, regardless of whether that	234
address conforms to the address in the poll list or signature	235
pollbook.	236

(3) It shows a photograph of the individual to whom it was	237
issued.	238

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

239

(5) It was issued by the government of the United States or	240
this state.	241

Sec. 3501.021. Notwithstanding any provision of the Revised	242
Code to the contrary, a political subdivision or other entity that	243
certifies a question or issue to a board of elections for	244
placement on the ballot shall make that certification in paper	245
form. A board of elections shall not accept such a certification	246
in electronic form.	247

Sec. 3501.05. The secretary of state shall do all of the	248
following:	249

(A) Appoint all members of boards of elections;

250

(B) Issue instructions by directives and advisories in	251
accordance with section 3501.053 of the Revised Code to members of	252
the boards as to the proper methods of conducting elections.	253

(C) Prepare rules and instructions for the conduct of	254
elections;	255

(D) Publish and furnish to the boards from time to time a	256
sufficient number of indexed copies of all election laws then in	257
force;	258

(E) Edit and issue all pamphlets concerning proposed laws or	259
amendments required by law to be submitted to the voters;	260

(F) Prescribe the form of registration cards, blanks, and	261
records;	262

(G) Determine and prescribe the forms of ballots and the	263
forms of all blanks, cards of instructions, pollbooks, tally	264
sheets, certificates of election, and forms and blanks required by	265
law for use by candidates, committees, and boards;	266

(H) Prepare the ballot title or statement to be placed on the	267
ballot for any proposed law or amendment to the constitution to be	268
submitted to the voters of the state;	269

(I) Except as otherwise provided in section 3519.08 of the	270
Revised Code, certify to the several boards the forms of ballots	271
and names of candidates for state offices, and the form and	272
wording of state referendum questions and issues, as they shall	273
appear on the ballot;	274

(J) Except as otherwise provided in division (I)(2)(b) of	275
section 3501.38 of the Revised Code, give final approval to ballot	276
language for any local question or issue approved and transmitted	277
by boards of elections under section 3501.11 of the Revised Code;	278

(K) Receive all initiative and referendum petitions on state	279
questions and issues and determine and certify to the sufficiency	280
of those petitions;	281

(L) Require such reports from the several boards as are	282
provided by law, or as the secretary of state considers necessary;	283

(M) Compel the observance by election officers in the several	284
counties of the requirements of the election laws;	285

(N)(1) Except as otherwise provided in division (N)(2) of	286
this section, investigate the administration of election laws,	287
frauds, and irregularities in elections in any county, and report	288
violations of election laws to the attorney general or prosecuting	289
attorney, or both, for prosecution;	290

(2) On and after August 24, 1995, report a failure to comply	291
with or a violation of a provision in sections 3517.08 to 3517.13,	292
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	293
Revised Code, whenever the secretary of state has or should have	294
knowledge of a failure to comply with or a violation of a	295
provision in one of those sections, by filing a complaint with the	296
Ohio elections commission under section 3517.153 of the Revised	297
Code;	298

(O) Make an annual report to the governor containing the	299
results of elections, the cost of elections in the various	300
counties, a tabulation of the votes in the several political	301
subdivisions, and other information and recommendations relative	302
to elections the secretary of state considers desirable;	303

(P) Prescribe and distribute to boards of elections a list of	304
instructions indicating all legal steps necessary to petition	305
successfully for local option elections under sections 4301.32 to	306
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	307

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	308
for the removal by boards of elections of ineligible voters from	309
the statewide voter registration database and, if applicable, from	310
the poll list or signature pollbook used in each precinct, which	311
rules shall provide for all of the following:	312

(1) A process for the removal of voters who have changed	313
residence, which shall be uniform, nondiscriminatory, and in	314
compliance with the Voting Rights Act of 1965 and the National	315
Voter Registration Act of 1993, including a program that uses the	316
national change of address service provided by the United States	317
postal system through its licensees;	318

(2) A process for the removal of ineligible voters under	319
section 3503.21 of the Revised Code;	320

(3) A uniform system for marking or removing the name of a	321
voter who is ineligible to vote from the statewide voter	322
registration database and, if applicable, from the poll list or	323
signature pollbook used in each precinct and noting the reason for	324
that mark or removal.	325

(R) Prescribe a general program for registering voters or	326
updating voter registration information, such as name and	327
residence changes, by boards of elections, designated agencies,	328
offices of deputy registrars of motor vehicles, public high	329
schools and vocational schools, public libraries, and offices of	330
county treasurers consistent with the requirements of section	331
3503.09 of the Revised Code;	332

(S) Prescribe a program of distribution of voter registration	333
forms through boards of elections, designated agencies, offices of	334
the registrar and deputy registrars of motor vehicles, public high	335
schools and vocational schools, public libraries, and offices of	336
county treasurers;	337

(T) To the extent feasible, provide copies, at no cost and	338
upon request, of the voter registration form in post offices in	339
this state;	340

(U) Adopt rules pursuant to section 111.15 of the Revised	341
Code for the purpose of implementing the program for registering	342
voters through boards of elections, designated agencies, and the	343
offices of the registrar and deputy registrars of motor vehicles	344
consistent with this chapter;	345

(V) Establish the full-time position of Americans with	346
Disabilities Act coordinator within the office of the secretary of	347
state to do all of the following:	348

(1) Assist the secretary of state with ensuring that there is	349
equal access to polling places for persons with disabilities;	350

(2) Assist the secretary of state with ensuring that each	351
voter may cast the voter's ballot in a manner that provides the	352
same opportunity for access and participation, including privacy	353
and independence, as for other voters;	354

(3) Advise the secretary of state in the development of	355
standards for the certification of voting machines, marking	356
devices, and automatic tabulating equipment.	357

(W) Establish and maintain a computerized statewide database	358
of all legally registered voters under section 3503.15 of the	359
Revised Code that complies with the requirements of the "Help	360
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	361
and provide training in the operation of that system;	362

(X) Ensure that all directives, advisories, other	363
instructions, or decisions issued or made during or as a result of	364
any conference or teleconference call with a board of elections to	365
discuss the proper methods and procedures for conducting	366
elections, to answer questions regarding elections, or to discuss	367
the interpretation of directives, advisories, or other	368
instructions issued by the secretary of state are posted on a web	369
site of the office of the secretary of state as soon as is	370
practicable after the completion of the conference or	371
teleconference call, but not later than the close of business on	372
the same day as the conference or teleconference call takes place.	373

(Y) Publish a report on a web site of the office of the	374
secretary of state not later than one month after the completion	375
of the canvass of the election returns for each primary and	376
general election, identifying, by county, the number of absent	377
voter's ballots cast and the number of those ballots that were	378
counted, and the number of provisional ballots cast and the number	379
of those ballots that were counted, for that election. The	380
secretary of state shall maintain the information on the web site	381
in an archive format for each subsequent election.	382

(Z) Conduct voter education outlining voter identification,	383
absent voters ballot, provisional ballot, and other voting	384
requirements;	385

(AA) Establish a procedure by which a registered elector may	386
make available to a board of elections a more recent signature to	387
be used in the poll list or signature pollbook produced by the	388
board of elections of the county in which the elector resides;	389

(BB) Disseminate information, which may include all or part	390
of the official explanations and arguments, by means of direct	391
mail or other written publication, broadcast, or other means or	392
combination of means, as directed by the Ohio ballot board under	393
division (F) of section 3505.062 of the Revised Code, in order to	394
inform the voters as fully as possible concerning each proposed	395
constitutional amendment, proposed law, or referendum;	396

(CC) Be the single state office responsible for the	397
implementation of the "Uniformed and Overseas Citizens Absentee	398
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	399
et seq., as amended, in this state. The secretary of state may	400
delegate to the boards of elections responsibilities for the	401
implementation of that act, including responsibilities arising	402
from amendments to that act made by the "Military and Overseas	403
Voter Empowerment Act," Subtitle H of the "National Defense	404
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	405
Stat. 3190.	406

(DD) Adopt rules, under Chapter 119. of the Revised Code, to	407
establish procedures and standards for determining when a board of	408
elections shall be placed under the official oversight of the	409
secretary of state, placing a board of elections under the	410
official oversight of the secretary of state, a board that is	411
under official oversight to transition out of official oversight,	412
and the secretary of state to supervise a board of elections that	413
is under official oversight of the secretary of state.	414

(EE) Perform other duties required by law.

415

Whenever a primary election is held under section 3513.32 of	416
the Revised Code or a special election is held under section	417
3521.03 of the Revised Code to fill a vacancy in the office of	418
representative to congress, the secretary of state shall establish	419
a deadline, notwithstanding any other deadline required under the	420
Revised Code, by which any or all of the following shall occur:	421
the filing of a declaration of candidacy and petitions or a	422
statement of candidacy and nominating petition together with the	423
applicable filing fee; the filing of protests against the	424
candidacy of any person filing a declaration of candidacy or	425
nominating petition; the filing of a declaration of intent to be a	426
write-in candidate; the filing of campaign finance reports; the	427
preparation of, and the making of corrections or challenges to,	428
precinct voter registration lists; the receipt of applications for	429
absent voter's ballots or ~~armed service~~uniformed services or	430
overseas absent voter's ballots; the supplying of election	431
materials to precincts by boards of elections; the holding of	432
hearings by boards of elections to consider challenges to the	433
right of a person to appear on a voter registration list; and the	434
scheduling of programs to instruct or reinstruct election	435
officers.	436

In the performance of the secretary of state's duties as the	437
chief election officer, the secretary of state may administer	438
oaths, issue subpoenas, summon witnesses, compel the production of	439
books, papers, records, and other evidence, and fix the time and	440
place for hearing any matters relating to the administration and	441
enforcement of the election laws.	442

In any controversy involving or arising out of the adoption	443
of registration or the appropriation of funds for registration,	444
the secretary of state may, through the attorney general, bring an	445
action in the name of the state in the court of common pleas of	446
the county where the cause of action arose or in an adjoining	447
county, to adjudicate the question.	448

In any action involving the laws in Title XXXV of the Revised	449
Code wherein the interpretation of those laws is in issue in such	450
a manner that the result of the action will affect the lawful	451
duties of the secretary of state or of any board of elections, the	452
secretary of state may, on the secretary of state's motion, be	453
made a party.	454

The secretary of state may apply to any court that is hearing	455
a case in which the secretary of state is a party, for a change of	456
venue as a substantive right, and the change of venue shall be	457
allowed, and the case removed to the court of common pleas of an	458
adjoining county named in the application or, if there are cases	459
pending in more than one jurisdiction that involve the same or	460
similar issues, the court of common pleas of Franklin county.	461

Public high schools and vocational schools, public libraries,	462
and the office of a county treasurer shall implement voter	463
registration programs as directed by the secretary of state	464
pursuant to this section.	465

Sec. 3501.051. (A) Notwithstanding any other section of the	466
Revised Code, the secretary of state may authorize, in one or more	467
precincts in one or more counties, a program allowing individuals	468
under the age of eighteen to enter the polling place and vote in a	469
simulated election held at the same time as a general election.	470
Any individual working in or supervising at a simulated election	471
may enter the polling place and remain within it during the entire	472
period the polls are open.	473

(B) A program established under division (A) of this section	474
shall require all of the following:	475

(1) That the duties imposed on ~~judges of~~precinct election	476
officials and peace officers under section 3501.33 of the Revised	477
Code be performed by those ~~judges~~officials and officers in regard	478
to simulated elections and all activities related to simulated	479
elections;	480

(2) That volunteers provide the personnel necessary to	481
conduct the simulated election, except that employees of the	482
secretary of state, employees or members of boards of elections,	483
and precinct election officials may aid in operating the program	484
to the extent permitted by the secretary of state;	485

(3) That individuals under the age of fourteen be accompanied	486
to the simulated election by an individual eighteen years of age	487
or over;	488

(4) Any other requirements the secretary of state considers	489
necessary for the orderly administration of the election process.	490

Sec. 3501.06. (A) There shall be in each county of the state	491
a board of elections consisting of four qualified electors of the	492
county, who shall be appointed by the secretary of state, as the	493
secretary's representatives~~, to serve for the term of four years~~.	494

(B)(1) On the first day of March in ~~even-numbered~~the years	495
2014 and 2016, the secretary of state shall appoint two of such	496
board members~~, one~~for a term of three years. One of ~~whom~~those	497
board members shall be from the political party which cast the	498
highest number of votes for the office of governor at the most	499
recent regular state election, and the other shall be from the	500
political party which cast the next highest number of votes for	501
the office of governor at such election.	502

(2) Beginning in 2017, on the first day of March in	503
odd-numbered years, the secretary of state shall appoint two of	504
such board members for a term of four years. One of those board	505
members shall be from the political party which cast the highest	506
number of votes for the office of governor at the most recent	507
regular state election, and the other shall be from the political	508
party which cast the next highest number of votes for the office	509
of governor at such election. Thereafter, all appointments shall	510
be made on the first day of March in odd-numbered years for a term	511
of four years.	512

(C) All vacancies filled for unexpired terms and all	513
appointments to new terms shall be made from the political party	514
to which the vacating or outgoing member belonged, unless there is	515
a third political party which cast a greater number of votes in	516
the state at the most recent regular state election for the office	517
of governor than did the party to which the retiring member	518
belonged, in which event the vacancy shall be filled from such	519
third party.	520

Sec. 3501.11. Each board of elections shall exercise by a	521
majority vote all powers granted to the board by Title XXXV of the	522
Revised Code, shall perform all the duties imposed by law, and	523
shall do all of the following:	524

(A) Establish, define, provide, rearrange, and combine	525
election precincts;	526

(B) Fix and provide the places for registration and for	527
holding primaries and elections;	528

(C) Provide for the purchase, preservation, and maintenance	529
of booths, ballot boxes, books, maps, flags, blanks, cards of	530
instructions, and other forms, papers, and equipment used in	531
registration, nominations, and elections;	532

(D) Appoint and remove its director, deputy director, and	533
employees and all registrars, ~~judges~~precinct election officials,	534
and other officers of elections, fill vacancies, and designate the	535
ward or district and precinct in which each shall serve;	536

(E) Make and issue rules and instructions, not inconsistent	537
with law or the rules, directives, or advisories issued by the	538
secretary of state, as it considers necessary for the guidance of	539
election officers and voters;	540

(F) Advertise and contract for the printing of all ballots	541
and other supplies used in registrations and elections;	542

(G) Provide for the issuance of all notices, advertisements,	543
and publications concerning elections, except as otherwise	544
provided in division (G) of section 3501.17 and divisions (F) and	545
(G) of section 3505.062 of the Revised Code;	546

(H) Provide for the delivery of ballots, pollbooks, and other	547
required papers and material to the polling places;	548

(I) Cause the polling places to be suitably provided with	549
voting machines, marking devices, automatic tabulating equipment,	550
stalls, and other required supplies. In fulfilling this duty, each	551
board of a county that uses voting machines, marking devices, or	552
automatic tabulating equipment shall conduct a full vote of the	553
board during a public session of the board on the allocation and	554
distribution of voting machines, marking devices, and automatic	555
tabulating equipment for each precinct in the county.	556

(J) Investigate irregularities, nonperformance of duties, or	557
violations of Title XXXV of the Revised Code by election officers	558
and other persons; administer oaths, issue subpoenas, summon	559
witnesses, and compel the production of books, papers, records,	560
and other evidence in connection with any such investigation; and	561
report the facts to the prosecuting attorney or the secretary of	562
state;	563

(K) Review, examine, and certify the sufficiency and validity	564
of petitions and nomination papers, and, after certification,	565
return to the secretary of state all petitions and nomination	566
papers that the secretary of state forwarded to the board;	567

(L) Receive the returns of elections, canvass the returns,	568
make abstracts of them, and transmit those abstracts to the proper	569
authorities;	570

(M) Issue certificates of election on forms to be prescribed	571
by the secretary of state;	572

(N) Make an annual report to the secretary of state, on the	573
form prescribed by the secretary of state, containing a statement	574
of the number of voters registered, elections held, votes cast,	575
appropriations received, expenditures made, and other data	576
required by the secretary of state;	577

(O) Prepare and submit to the proper appropriating officer a	578
budget estimating the cost of elections for the ensuing fiscal	579
year;	580

(P) Perform other duties as prescribed by law or the rules,	581
directives, or advisories of the secretary of state;	582

(Q) Investigate and determine the residence qualifications of	583
electors;	584

(R) Administer oaths in matters pertaining to the	585
administration of the election laws;	586

(S) Prepare and submit to the secretary of state, whenever	587
the secretary of state requires, a report containing the names and	588
residence addresses of all incumbent county, municipal, township,	589
and board of education officials serving in their respective	590
counties;	591

(T) Establish and maintain a voter registration database of	592
all qualified electors in the county who offer to register;	593

(U) Maintain voter registration records, make reports	594
concerning voter registration as required by the secretary of	595
state, and remove ineligible electors from voter registration	596
lists in accordance with law and directives of the secretary of	597
state;	598

(V) Give approval to ballot language for any local question	599
or issue and transmit the language to the secretary of state for	600
the secretary of state's final approval;	601

(W) Prepare and cause the following notice to be displayed in	602
a prominent location in every polling place:	603

"NOTICE	604

Ohio law prohibits any person from voting or attempting to	605
vote more than once at the same election.	606

Violators are guilty of a felony of the fourth degree and	607
shall be imprisoned and additionally may be fined in accordance	608
with law."	609

(X) In all cases of a tie vote or a disagreement in the	610
board, if no decision can be arrived at, the director or	611
chairperson shall submit the matter in controversy, not later than	612
fourteen days after the tie vote or the disagreement, to the	613
secretary of state, who shall summarily decide the question, and	614
the secretary of state's decision shall be final.	615

(Y) Assist each designated agency, deputy registrar of motor	616
vehicles, public high school and vocational school, public	617
library, and office of a county treasurer in the implementation of	618
a program for registering voters at all voter registration	619
locations as prescribed by the secretary of state. Under this	620
program, each board of elections shall direct to the appropriate	621
board of elections any voter registration applications for persons	622
residing outside the county where the board is located within five	623
days after receiving the applications.	624

(Z) On any day on which an elector may vote in person at the	625
office of the board or at another site designated by the board,	626
consider the board or other designated site a polling place for	627
that day. All requirements or prohibitions of law that apply to a	628
polling place shall apply to the office of the board or other	629
designated site on that day.	630

(AA) Perform any duties with respect to voter registration	631
and voting by uniformed services and overseas voters that are	632
delegated to the board by law or by the rules, directives, or	633
advisories of the secretary of state.	634

Sec. 3501.13. (A) The director of the board of elections	635
shall keep a full and true record of the proceedings of the board	636
and of all moneys received and expended; file and preserve in the	637
board's office all orders and records pertaining to the	638
administration of registrations, primaries, and elections; receive	639
and have the custody of all books, papers, and property belonging	640
to the board; and perform other duties in connection with the	641
office of director and the proper conduct of elections as the	642
board determines.	643

(B) Before entering upon the duties of the office, the	644
director shall subscribe to an oath that the director will support	645
the Constitution of the United States and the Ohio Constitution,	646
perform all the duties of the office to the best of the director's	647
ability, enforce the election laws, and preserve all records,	648
documents, and other property pertaining to the conduct of	649
elections placed in the director's custody.	650

(C) The director may administer oaths to persons required by	651
law to file certificates or other papers with the board, to ~~judges~~	652
~~of elections~~precinct election officials, to witnesses who are	653
called to testify before the board, and to voters filling out	654
blanks at the board's offices. Except as otherwise provided by	655
state or federal law, the records of the board and papers and	656
books filed in its office are public records and open to	657
inspection under such reasonable regulations as shall be	658
established by the board. The following notice shall be posted in	659
a prominent place at each board office:	660

"Except as otherwise provided by state or federal law,	661
records filed in this office of the board of elections are open to	662
public inspection during normal office hours, pursuant to the	663
following reasonable regulations: (the board shall here list its	664
regulations). Whoever prohibits any person from inspecting the	665
public records of this board is subject to the penalties of	666
section 3599.161 of the Revised Code."	667

(D) Upon receipt of a written declaration of intent to retire	668
as provided for in section 145.38 of the Revised Code, the	669
director shall provide a copy to each member of the board of	670
elections.	671

Sec. 3501.17. (A) The expenses of the board of elections	672
shall be paid from the county treasury, in pursuance of	673
appropriations by the board of county commissioners, in the same	674
manner as other county expenses are paid. If the board of county	675
commissioners fails to appropriate an amount sufficient to provide	676
for the necessary and proper expenses of the board of elections	677
pertaining to the conduct of elections, the board of elections may	678
apply to the court of common pleas within the county, which shall	679
fix the amount necessary to be appropriated and the amount shall	680
be appropriated. Payments shall be made upon vouchers of the board	681
of elections certified to by its chairperson or acting chairperson	682
and the director or deputy director, upon warrants of the county	683
auditor.	684

The board of elections shall not incur any obligation	685
involving the expenditure of money unless there are moneys	686
sufficient in the funds appropriated therefor to meet the	687
obligation. If the board of elections requests a transfer of funds	688
from one of its appropriation items to another, the board of	689
county commissioners shall adopt a resolution providing for the	690
transfer except as otherwise provided in section 5705.40 of the	691
Revised Code. The expenses of the board of elections shall be	692
apportioned among the county and the various subdivisions as	693
provided in this section, and the amount chargeable to each	694
subdivision shall be withheld by the county auditor from the	695
moneys payable thereto at the time of the next tax settlement. At	696
the time of submitting budget estimates in each year, the board of	697
elections shall submit to the taxing authority of each	698
subdivision, upon the request of the subdivision, an estimate of	699
the amount to be withheld from the subdivision during the next	700
fiscal year.	701

A board of township trustees may, by resolution, request that	702
the county auditor withhold expenses charged to the township from	703
a specified township fund that is to be credited with revenue at a	704
tax settlement. The resolution shall specify the tax levy ballot	705
issue, the date of the election on the levy issue, and the	706
township fund from which the expenses the board of elections	707
incurs related to that ballot issue shall be withheld.	708

(B) Except as otherwise provided in division (F) of this	709
section, the compensation of the members of the board of elections	710
and of the director, deputy director, and regular employees in the	711
board's offices, other than compensation for overtime worked; the	712
expenditures for the rental, furnishing, and equipping of the	713
office of the board and for the necessary office supplies for the	714
use of the board; the expenditures for the acquisition, repair,	715
care, and custody of the polling places, booths, guardrails, and	716
other equipment for polling places; the cost of tally sheets,	717
maps, flags, ballot boxes, and all other permanent records and	718
equipment; the cost of all elections held in and for the state and	719
county; and all other expenses of the board which are not	720
chargeable to a political subdivision in accordance with this	721
section shall be paid in the same manner as other county expenses	722
are paid.	723

(C) The compensation of ~~judges of elections~~precinct election	724
officials and intermittent employees in the board's offices; the	725
cost of renting, moving, heating, and lighting polling places and	726
of placing and removing ballot boxes and other fixtures and	727
equipment thereof, including voting machines, marking devices, and	728
automatic tabulating equipment; the cost of printing and	729
delivering ballots, cards of instructions, registration lists	730
required under section 3503.23 of the Revised Code, and other	731
election supplies, including the supplies required to comply with	732
division (H) of section 3506.01 of the Revised Code; the cost of	733
contractors engaged by the board to prepare, program, test, and	734
operate voting machines, marking devices, and automatic tabulating	735
equipment; and all other expenses of conducting primaries and	736
elections in the odd-numbered years shall be charged to the	737
subdivisions in and for which such primaries or elections are	738
held. The charge for each primary or general election in	739
odd-numbered years for each subdivision shall be determined in the	740
following manner: first, the total cost of all chargeable items	741
used in conducting such elections shall be ascertained; second,	742
the total charge shall be divided by the number of precincts	743
participating in such election, in order to fix the cost per	744
precinct; third, the cost per precinct shall be prorated by the	745
board of elections to the subdivisions conducting elections for	746
the nomination or election of offices in such precinct; fourth,	747
the total cost for each subdivision shall be determined by adding	748
the charges prorated to it in each precinct within the	749
subdivision.	750

(D) The entire cost of special elections held on a day other	751
than the day of a primary or general election, both in	752
odd-numbered or in even-numbered years, shall be charged to the	753
subdivision. Where a special election is held on the same day as a	754
primary or general election in an even-numbered year, the	755
subdivision submitting the special election shall be charged only	756
for the cost of ballots and advertising. Where a special election	757
is held on the same day as a primary or general election in an	758
odd-numbered year, the subdivision submitting the special election	759
shall be charged for the cost of ballots and advertising for such	760
special election, in addition to the charges prorated to such	761
subdivision for the election or nomination of candidates in each	762
precinct within the subdivision, as set forth in the preceding	763
paragraph.	764

(E) Where a special election is held on the day specified by	765
division (E) of section 3501.01 of the Revised Code for the	766
holding of a primary election, for the purpose of submitting to	767
the voters of the state constitutional amendments proposed by the	768
general assembly, and a subdivision conducts a special election on	769
the same day, the entire cost of the special election shall be	770
divided proportionally between the state and the subdivision based	771
upon a ratio determined by the number of issues placed on the	772
ballot by each, except as otherwise provided in division (G) of	773
this section. Such proportional division of cost shall be made	774
only to the extent funds are available for such purpose from	775
amounts appropriated by the general assembly to the secretary of	776
state. If a primary election is also being conducted in the	777
subdivision, the costs shall be apportioned as otherwise provided	778
in this section.	779

(F) When a precinct is open during a general, primary, or	780
special election solely for the purpose of submitting to the	781
voters a statewide ballot issue, the state shall bear the entire	782
cost of the election in that precinct and shall reimburse the	783
county for all expenses incurred in opening the precinct.	784

(G)(1) The state shall bear the entire cost of advertising in	785
newspapers statewide ballot issues, explanations of those issues,	786
and arguments for or against those issues, as required by Section	787
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	788
and any other section of law. Appropriations made to the	789
controlling board shall be used to reimburse the secretary of	790
state for all expenses the secretary of state incurs for such	791
advertising under division (G) of section 3505.062 of the Revised	792
Code.	793

(2) There is hereby created in the state treasury the	794
statewide ballot advertising fund. The fund shall receive	795
transfers approved by the controlling board, and shall be used by	796
the secretary of state to pay the costs of advertising state	797
ballot issues as required under division (G)(1) of this section.	798
Any such transfers may be requested from and approved by the	799
controlling board prior to placing the advertising, in order to	800
facilitate timely provision of the required advertising.	801

(H) The cost of renting, heating, and lighting registration	802
places; the cost of the necessary books, forms, and supplies for	803
the conduct of registration; and the cost of printing and posting	804
precinct registration lists shall be charged to the subdivision in	805
which such registration is held.	806

(I) At the request of a majority of the members of the board	807
of elections, the board of county commissioners may, by	808
resolution, establish an elections revenue fund. Except as	809
otherwise provided in this division, the purpose of the fund shall	810
be to accumulate revenue withheld by or paid to the county under	811
this section for the payment of any expense related to the duties	812
of the board of elections specified in section 3501.11 of the	813
Revised Code, upon approval of a majority of the members of the	814
board of elections. The fund shall not accumulate any revenue	815
withheld by or paid to the county under this section for the	816
compensation of the members of the board of elections or of the	817
director, deputy director, or other regular employees in the	818
board's offices, other than compensation for overtime worked.	819

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	820
Revised Code, the board of county commissioners may, by	821
resolution, transfer money to the elections revenue fund from any	822
other fund of the political subdivision from which such payments	823
lawfully may be made. Following an affirmative vote of a majority	824
of the members of the board of elections, the board of county	825
commissioners may, by resolution, rescind an elections revenue	826
fund established under this division. If an elections revenue fund	827
is rescinded, money that has accumulated in the fund shall be	828
transferred to the county general fund.	829

(J) As used in this section:

830

(1) "Political subdivision" and "subdivision" mean any board	831
of county commissioners, board of township trustees, legislative	832
authority of a municipal corporation, board of education, or any	833
other board, commission, district, or authority that is empowered	834
to levy taxes or permitted to receive the proceeds of a tax levy,	835
regardless of whether the entity receives tax settlement moneys as	836
described in division (A) of this section;	837

(2) "Statewide ballot issue" means any ballot issue, whether	838
proposed by the general assembly or by initiative or referendum,	839
that is submitted to the voters throughout the state.	840

Sec. 3501.22. (A) On or before the fifteenth day of	841
September in each year, the board of elections by a majority vote	842
shall, after careful examination and investigation as to their	843
qualifications, appoint for each election precinct four residents	844
of the county in which the precinct is located, as ~~judges~~precinct	845
election officials. Except as otherwise provided in division (C)	846
of this section, all ~~judges of~~precinct election officials shall	847
be qualified electors. The ~~judges~~precinct election officials	848
shall constitute the election officers of the precinct. Not more	849
than one-half of the total number of ~~judges~~precinct election	850
officials shall be members of the same political party. The term	851
of such precinct officers shall be for one year. The board may, at	852
any time, designate any number of election officers, not more than	853
one-half of whom shall be members of the same political party, to	854
perform their duties at any precinct in any election. The board	855
may appoint additional officials, equally divided between the two	856
major political parties, when necessary to expedite voting. If the	857
board of elections determines that four precinct election	858
officials are not required in a precinct for a special election,	859
the board of elections may select two of the precinct's election	860
officers, who are not members of the same political party, to	861
serve as the precinct election officials for that precinct in that	862
special election.	863

Vacancies for unexpired terms shall be filled by the board.	864
When new precincts have been created, the board shall appoint	865
~~judges~~precinct election officials for those precincts for the	866
unexpired term. Any ~~judge~~precinct election official may be	867
summarily removed from office at any time by the board for neglect	868
of duty, malfeasance, or misconduct in office or for any other	869
good and sufficient reason.	870

Precinct election officials shall perform all of the duties	871
provided by law for receiving the ballots and supplies, opening	872
and closing the polls, and overseeing the casting of ballots	873
during the time the polls are open, and any other duties required	874
by section 3501.26 of the Revised Code.	875

A board of elections may designate two precinct election	876
officials as counting officials to count and tally the votes cast	877
and certify the results of the election at each precinct, and	878
perform other duties as provided by law. To expedite the counting	879
of votes at each precinct, the board may appoint additional	880
officials, not more than one-half of whom shall be members of the	881
same political party.	882

The board shall designate one of the precinct election	883
officials who is a member of the dominant political party to serve	884
as a ~~presiding judge~~voting location manager, whose duty it is to	885
deliver the returns of the election and all supplies to the office	886
of the board. For these services, the ~~presiding judge~~voting	887
location manager shall receive additional compensation in an	888
amount, consistent with section 3501.28 of the Revised Code,	889
determined by the board of elections.	890

The board shall issue to each precinct election official a	891
certificate of appointment, which the official shall present to	892
the ~~presiding judge~~voting location manager at the time the polls	893
are opened.	894

(B) If the board of elections determines that not enough	895
qualified electors in a precinct are available to serve as	896
precinct officers, it may appoint persons to serve as precinct	897
officers at a primary, special, or general election who are at	898
least seventeen years of age and are registered to vote in	899
accordance with section 3503.07 of the Revised Code.	900

(C)(1) A board of elections, in conjunction with the board of	901
education of a city, local, or exempted village school district,	902
the governing authority of a community school established under	903
Chapter 3314. of the Revised Code, or the chief administrator of a	904
nonpublic school may establish a program permitting certain high	905
school students to apply and, if appointed by the board of	906
elections, to serve as precinct officers at a primary, special, or	907
general election.	908

In addition to the requirements established by division	909
(C)(2) of this section, a board of education, governing authority,	910
or chief administrator that establishes a program under this	911
division in conjunction with a board of elections may establish	912
additional criteria that students shall meet to be eligible to	913
participate in that program.	914

(2)(a) To be eligible to participate in a program established	915
under division (C)(1) of this section, a student shall be a United	916
States citizen, a resident of the county, at least seventeen years	917
of age, and enrolled in the senior year of high school.	918

(b) Any student applying to participate in a program	919
established under division (C)(1) of this section, as part of the	920
student's application process, shall declare the student's	921
political party affiliation with the board of elections.	922

(3) No student appointed as a precinct officer pursuant to a	923
program established under division (C)(1) of this section shall be	924
designated as a ~~presiding judge~~voting location manager.	925

(4) Any student participating in a program established under	926
division (C)(1) of this section shall be excused for that	927
student's absence from school on the day of an election at which	928
the student is serving as a precinct officer.	929

(D) In any precinct with six or more precinct officers, up to	930
two students participating in a program established under division	931
(C)(1) of this section who are under eighteen years of age may	932
serve as precinct officers. Not more than one precinct officer in	933
any given precinct with fewer than six precinct officers shall be	934
under eighteen years of age.	935

Sec. 3501.26. When the polls are closed after a primary,	936
general, or special election, the receiving officials shall, in	937
the presence of the counting officials and attending observers,	938
proceed as follows:	939

(A) Count the number of electors who voted, as shown on the	940
poll books;	941

(B) Count the unused ballots without removing stubs;

942

943

(D) Insert the totals of divisions (A), (B), and (C) of this	944
section on the report forms provided therefor in the poll books;	945

(E) Count the voted ballots. If the number of voted ballots	946
exceeds the number of voters whose names appear upon the poll	947
books, the ~~presiding judge~~voting location manager shall enter on	948
the poll books an explanation of that discrepancy, and that	949
explanation, if agreed to, shall be subscribed to by all of the	950
~~judges~~precinct election officials. Any ~~judge~~precinct official	951
having a different explanation shall enter it in the poll books	952
and subscribe to it.	953

(F) Put the unused ballots with stubs attached, and soiled	954
and defaced ballots with stubs attached, in the envelopes or	955
containers provided therefor, and certify the number.	956

The receiving officials shall deliver to and place in the	957
custody of the counting officials all the supplies provided for	958
the conduct of that election and the ballots that are to be	959
counted and tallied, and take a receipt for the same, which	960
receipt shall appear in and be a part of the poll books of such	961
precinct. Having performed their duties, the receiving officials	962
shall immediately depart.	963

Having receipted for the ballots, the counting officials	964
shall proceed to count and tally the vote as cast in the manner	965
prescribed by section 3505.27 of the Revised Code and certify the	966
result of the election to the board of elections.	967

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	968
shall complete a program of instruction pursuant to division (B)	969
of this section. No person who has been convicted of a felony or	970
any violation of the election laws, who is unable to read and	971
write the English language readily, or who is a candidate for an	972
office to be voted for by the voters of the precinct in which the	973
person is to serve shall serve as an election officer. A person	974
when appointed as an election officer shall receive from the board	975
of elections a certificate of appointment that may be revoked at	976
any time by the board for good and sufficient reasons. The	977
certificate shall be in the form the board prescribes and shall	978
specify the precinct, ward, or district in and for which the	979
person to whom it is issued is appointed to serve, the date of	980
appointment, and the expiration of the person's term of service.	981

(B) Each board shall establish a program as prescribed by the	982
secretary of state for the instruction of election officers in the	983
rules, procedures, and law relating to elections. In each program,	984
the board shall use training materials prepared by the secretary	985
of state and may use additional materials prepared by or on behalf	986
of the board. The board may use the services of unpaid volunteers	987
in conducting its program and may reimburse those volunteers for	988
necessary and actual expenses incurred in participating in the	989
program.	990

The board shall train each new election officer before the	991
new officer participates in the first election in that capacity.	992
The board shall instruct election officials who have been trained	993
previously only when the board or secretary of state considers	994
that instruction necessary, but the board shall reinstruct such	995
persons, other than ~~presiding judges~~voting location managers, at	996
least once in every three years and shall reinstruct ~~presiding~~	997
~~judges~~voting location managers before the primary election in	998
even-numbered years. The board shall schedule any program of	999
instruction within sixty days prior to the election in which the	1000
officials to be trained will participate.	1001

(C) The duties of a ~~judge of an~~precinct election official in	1002
each polling place shall be performed only by an individual who	1003
has successfully completed the requirements of the program, unless	1004
such an individual is unavailable after reasonable efforts to	1005
obtain such services.	1006

(D) The secretary of state shall establish a program for the	1007
instruction of members of boards of elections and employees of	1008
boards in the rules, procedures, and law relating to elections.	1009
Each member and employee shall complete the training program	1010
within six months after the member's or employee's original	1011
appointment or employment, and thereafter each member and employee	1012
shall complete a training program to update their knowledge once	1013
every four years or more often as determined by the secretary of	1014
state.	1015

(E) The secretary of state shall reimburse each county for	1016
the cost of programs established pursuant to division (B) of this	1017
section, once the secretary of state has received an itemized	1018
statement of expenses for such instruction programs from the	1019
county. The itemized statement shall be in a form prescribed by	1020
the secretary of state.	1021

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

1022

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1023
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1024
amended.	1025

(2) "Full election day" means the period of time between the	1026
opening of the polls and the completion of the procedures	1027
contained in section 3501.26 of the Revised Code.	1028

(3) "Services" means services at each general, primary, or	1029
special election.	1030

(B) ~~Beginning with calendar year 1998, each judge of an~~	1031
~~election in a county shall be paid for the judge's services at the~~	1032
~~same hourly rate, which shall be not less than the minimum hourly~~	1033
~~rate established by the Fair Labor Standards Act and not more than~~	1034
~~eighty-five dollars per diem.~~	1035

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1036
precinct election official in a county shall be paid for the	1037
~~judge's~~official's services at the same hourly rate, which shall	1038
be not less than the minimum hourly rate established by the Fair	1039
Labor Standards Act and not more than ninety-five dollars per	1040
diem.	1041

~~(D)~~(C) The secretary of state shall establish, by rule	1042
adopted under section 111.15 of the Revised Code, the maximum	1043
amount of per diem compensation that may be paid to ~~judges of an~~	1044
precinct election officials under this section each time the Fair	1045
Labor Standards Act is amended to increase the minimum hourly rate	1046
established by the act. Upon learning of such an increase, the	1047
secretary of state shall determine by what percentage the minimum	1048
hourly rate has been increased under the act and establish a new	1049
maximum amount of per diem compensation that ~~judges of an~~precinct	1050
election officials may be paid under this section that is	1051
increased by the same percentage that the minimum hourly rate has	1052
been increased under the act.	1053

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1054
a ~~judge of an~~precinct election official under this section	1055
during a calendar year unless the board has given written notice	1056
of the proposed increase to the board of county commissioners not	1057
later than the first day of October of the preceding calendar	1058
year.	1059

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1060
this section, a board of elections may increase the pay of a ~~judge~~	1061
~~of an~~precinct election official during a calendar year by up to,	1062
but not exceeding, nine per cent over the compensation paid to a	1063
~~judge of an~~precinct election official in the county where the	1064
board is located during the previous calendar year, if the	1065
compensation so paid during the previous calendar year was	1066
eighty-five dollars or less per diem.	1067

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1068
this section, a board of elections may increase the pay of a ~~judge~~	1069
~~of an~~precinct election official during a calendar year by up to,	1070
but not exceeding, four and one-half per cent over the	1071
compensation paid to a ~~judge of an~~precinct election official in	1072
the county where the board is located during the previous calendar	1073
year, if the compensation so paid during the previous calendar	1074
year was more than eighty-five but less than ninety-five dollars	1075
per diem.	1076

(2) The board of county commissioners may review and comment	1077
upon a proposed increase and may enter into a written agreement	1078
with a board of elections to permit an increase in the	1079
compensation paid to ~~judges of an~~precinct election officials for	1080
their services during a calendar year that is greater than the	1081
applicable percentage limitation described in division (E)(1)(b)	1082
or (c) of this section.	1083

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1084
less than the full election day shall be paid the maximum amount	1085
allowed under this section or the maximum amount as set by the	1086
board of elections, whichever is less.	1087

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1088
to (6) of this section, any employee of the state or of any	1089
political subdivision of the state may serve as a ~~judge of~~	1090
~~elections~~precinct election official on the day of an election	1091
without loss of the employee's regular compensation for that day	1092
as follows:	1093

(a) For employees of a county office, department, commission,	1094
board, or other entity, or of a court of common pleas, county	1095
court, or county-operated municipal court, as defined in section	1096
1901.03 of the Revised Code, the employee's appointing authority	1097
may permit leave with pay for this service in accordance with a	1098
resolution setting forth the terms and conditions for that leave	1099
passed by the board of county commissioners.	1100

(b) For all other employees of a political subdivision of the	1101
state, leave with pay for this service shall be subject to the	1102
terms and conditions set forth in an ordinance or a resolution	1103
passed by the legislative authority of the applicable political	1104
subdivision.	1105

(c) For state employees, leave with pay for this service	1106
shall be subject to the terms and conditions set forth by the head	1107
of the state agency, as defined in section 1.60 of the Revised	1108
Code, by which the person is employed.	1109

(2) Any terms and conditions set forth by a board of county	1110
commissioners, legislative authority of a political subdivision,	1111
or head of a state agency under division (G)(1) of this section	1112
shall include a standard procedure for deciding which employees	1113
are permitted to receive leave with pay if multiple employees of	1114
an entity or court described in division (G)(1)(a) of this	1115
section, of an entity of a political subdivision described in	1116
division (G)(1)(b) of this section, or of a state agency as	1117
defined in section 1.60 of the Revised Code apply to serve as a	1118
~~judge of elections~~precinct election official on the day of an	1119
election. This procedure shall be applied uniformly to all	1120
similarly situated employees.	1121

(3) Any employee who is eligible for leave with pay under	1122
division (G)(1) of this section shall receive, in addition to the	1123
employee's regular compensation, the compensation paid to the	1124
~~judge of an~~precinct election official under division (B),or (C),	1125
~~or (D)~~ of this section.	1126

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1127
either of the following:	1128

(a) Election officials;

1129

(b) Public school teachers.

1130

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1131
or negates any provision of a collective bargaining agreement in	1132
effect under Chapter 4117. of the Revised Code.	1133

(6) If a board of county commissioners, legislative authority	1134
of a political subdivision, or head of a state agency fails to set	1135
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1136
section, an employee of an entity or court described in division	1137
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1138
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1139
of a state agency as defined in section 1.60 of the Revised Code	1140
may use personal leave, vacation leave, or compensatory time, or	1141
take unpaid leave, to serve as a ~~judge of elections~~precinct	1142
election official on the day of an election.	1143

~~(H)~~(G) The board of elections may withhold the compensation	1144
of any precinct election official for failure to obey the	1145
instructions of the board or to comply with the law relating to	1146
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1147
a ~~judge of an~~precinct election official is entitled to receive	1148
under section 3501.36 of the Revised Code is in addition to the	1149
compensation the ~~judge~~official is entitled to receive under this	1150
section.	1151

Sec. 3501.29. (A) The board of elections shall provide for	1152
each precinct a polling place and provide adequate facilities at	1153
each polling place for conducting the election. The board shall	1154
provide a sufficient number of screened or curtained voting	1155
compartments to which electors may retire and conveniently mark	1156
their ballots, protected from the observation of others. Each	1157
voting compartment shall be provided at all times with writing	1158
implements, instructions how to vote, and other necessary	1159
conveniences for marking the ballot. The ~~presiding judge~~voting	1160
location manager shall ensure that the voting compartments at all	1161
times are adequately lighted and contain the necessary supplies.	1162
The board shall utilize, in so far as practicable, rooms in public	1163
schools and other public buildings for polling places. Upon	1164
application of the board of elections, the authority which has the	1165
control of any building or grounds supported by taxation under the	1166
laws of this state, shall make available the necessary space	1167
therein for the purpose of holding elections and adequate space	1168
for the storage of voting machines, without charge for the use	1169
thereof. A reasonable sum may be paid for necessary janitorial	1170
service. When polling places are established in private buildings,	1171
the board may pay a reasonable rental therefor, and also the cost	1172
of liability insurance covering the premises when used for	1173
election purposes, or the board may purchase a single liability	1174
policy covering the board and the owners of the premises when used	1175
for election purposes. When removable buildings are supplied by	1176
the board, they shall be constructed under the contract let to the	1177
lowest and best bidder, and the board shall observe all ordinances	1178
and regulations then in force as to safety. The board shall remove	1179
all such buildings from streets and other public places within	1180
thirty days after an election, unless another election is to be	1181
held within ninety days.	1182

(B)(1) Except as otherwise provided in this section, the	1183
board shall ensure all of the following:	1184

(a) That polling places are free of barriers that would	1185
impede ingress and egress of handicapped persons;	1186

(b) That the minimum number of special parking locations,	1187
also known as handicapped parking spaces or disability parking	1188
spaces, for handicapped persons are designated at each polling	1189
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1190
compliance with division (E) of section 4511.69 of the Revised	1191
Code.;	1192

(c) That the entrances of polling places are level or are	1193
provided with a nonskid ramp of not over eight per cent gradient;	1194

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

1195

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1196
section, certain polling places may be specifically exempted by	1197
the secretary of state upon certification by a board of elections	1198
that a good faith, but unsuccessful, effort has been made to	1199
modify, or change the location of, such polling places.	1200

(C) At any polling place that is exempted from compliance by	1201
the secretary of state, the board of elections shall permit any	1202
handicapped elector who travels to that elector's polling place,	1203
but who is unable to enter the polling place, to vote, with the	1204
assistance of two polling place officials of major political	1205
parties, in the vehicle that conveyed that elector to the polling	1206
place, or to receive and cast that elector's ballot at the door of	1207
the polling place.	1208

(D) The secretary of state shall:

1209

(1) Work with other state agencies to facilitate the	1210
distribution of information and technical assistance to boards of	1211
elections to meet the requirements of division (B) of this	1212
section;	1213

(2) Work with organizations that represent or provide	1214
services to handicapped, disabled, or elderly citizens to effect a	1215
wide dissemination of information about the availability of	1216
absentee voting, voting in the voter's vehicle or at the door of	1217
the polling place, or other election services to handicapped,	1218
disabled, or elderly citizens.	1219

(E) Before the day of an election, the director of the board	1220
of elections of each county shall sign a statement verifying that	1221
each polling place that will be used in that county at that	1222
election meets the requirements of division (B)(1)(b) of this	1223
section. The signed statement shall be sent to the secretary of	1224
state by certified mail or electronically.	1225

(F) As used in this section, "handicapped" means having lost	1226
the use of one or both legs, one or both arms, or any combination	1227
thereof, or being blind or so severely disabled as to be unable to	1228
move about without the aid of crutches or a wheelchair.	1229

Sec. 3501.30. (A) The board of elections shall provide for	1230
each polling place the necessary ballot ~~boxes~~box, official	1231
ballots, cards of instructions, registration forms, pollbooks or	1232
poll lists, tally sheets, forms on which to make summary	1233
statements, writing implements, paper, and all other supplies	1234
necessary for casting and counting the ballots and recording the	1235
results of the voting at the polling place. The pollbooks or poll	1236
lists shall have certificates appropriately printed on them for	1237
the signatures of all the precinct officials, by which they shall	1238
certify that, to the best of their knowledge and belief, the	1239
pollbooks or poll lists correctly show the names of all electors	1240
who voted in the polling place at the election indicated in the	1241
pollbooks or poll lists.	1242

All of the following shall be included among the supplies	1243
provided to each polling place:	1244

(1) A large map of each appropriate precinct, which shall be	1245
displayed prominently to assist persons who desire to register or	1246
vote on election day. Each map shall show all streets within the	1247
precinct and contain identifying symbols of the precinct in bold	1248
print.	1249

(2) Any materials, postings, or instructions required to	1250
comply with state or federal laws;	1251

(3) A flag of the United States approximately two and	1252
one-half feet in length along the top, which shall be displayed	1253
outside the entrance to the polling place during the time it is	1254
open for voting;	1255

(4) Two or more small flags of the United States	1256
approximately fifteen inches in length along the top, which shall	1257
be placed at a distance of one hundred feet from the polling place	1258
on the thoroughfares or walkways leading to the polling place, to	1259
mark the distance within which persons other than election	1260
officials, observers, police officers, and electors waiting to	1261
mark, marking, or casting their ballots shall not loiter,	1262
congregate, or engage in any kind of election campaigning. Where	1263
small flags cannot reasonably be placed one hundred feet from the	1264
polling place, the ~~presiding election judge~~voting location	1265
manager shall place the flags as near to one hundred feet from the	1266
entrance to the polling place as is physically possible. Police	1267
officers and all election officials shall see that this	1268
prohibition against loitering and congregating is enforced.	1269

When the period of time during which the polling place is	1270
open for voting expires, all of the flags described in this	1271
division shall be taken into the polling place and shall be	1272
returned to the board together with all other election supplies	1273
required to be delivered to the board.	1274

(B) The board of elections shall follow the instructions and	1275
advisories of the secretary of state in the production and use of	1276
polling place supplies.	1277

Sec. 3501.31. The board of elections shall mail to each	1278
precinct election official notice of the date, hours, and place of	1279
holding each election in the official's respective precinct at	1280
which it desires the official to serve. Each of such officials	1281
shall notify the board immediately upon receipt of such notice of	1282
any inability to serve.	1283

The election official designated as ~~presiding judge~~voting	1284
location manager under section 3501.22 of the Revised Code shall	1285
call at the office of the board at such time before the day of the	1286
election, not earlier than the tenth day before the day of the	1287
election, as the board designates to obtain the ballots,	1288
pollbooks, registration forms and lists, and other material to be	1289
used in the official's polling place on election day.	1290

The board may also provide for the delivery of such materials	1291
to polling places in a municipal corporation by members of the	1292
police department of such municipal corporation; or the board may	1293
provide for the delivery of such materials to the ~~presiding judge~~	1294
voting location manager not earlier than the tenth day before the	1295
election, in any manner it finds to be advisable.	1296

On election day the precinct election officials shall	1297
punctually attend the polling place one-half hour before the time	1298
fixed for opening the polls. Each of the precinct election	1299
officials shall thereupon make and subscribe to a statement which	1300
shall be as follows:	1301

"State of Ohio	1302

County of ...............	1303

I do solemnly swear under the penalty of perjury that I will	1304
support the constitution of the United States of America and the	1305
constitution of the state of Ohio and its laws; that I have not	1306
been convicted of a felony or any violation of the election laws;	1307
that I will discharge to the best of my ability the duties of	1308
~~judge of~~precinct election official in and for precinct	1309
.................... in the .................... (township) or	1310
(ward and city or village) .................... in the county of	1311
...................., in the election to be held on the ..........	1312
day of ..............., ....., as required by law and the rules	1313
and instructions of the board of elections of said county; and	1314
that I will endeavor to prevent fraud in such election, and will	1315
report immediately to said board any violations of the election	1316
laws which come to my attention, and will not disclose any	1317
information as to how any elector voted which is gained by me in	1318
the discharge of my official duties.	1319

............................................................	1320

............................................................	1321

............................................................	1322

............................................................	1323

............................................................	1324

............................................................	1325

(Signatures of precinct election officials)"	1326

If any of the other precinct election officials is absent at	1327
that time, the ~~presiding judge~~voting location manager, with the	1328
concurrence of a majority of the precinct election officials	1329
present, shall appoint a qualified elector who is a member of the	1330
same political party as the political party of which such absent	1331
precinct election official is a member to fill the vacancy until	1332
the board appoints a person to fill such vacancy and the person so	1333
appointed reports for duty at the polling place. The ~~presiding~~	1334
~~judge~~voting location manager shall promptly notify the board of	1335
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1336
location manager also shall assign the precinct election officials	1337
to their respective duties and shall have general charge of the	1338
polling place.	1339

Sec. 3501.32. (A) Except as otherwise provided in division	1340
(B) of this section, on the day of the election the polls shall be	1341
opened by proclamation by the ~~presiding judge~~voting location	1342
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1343
voting location manager chosen by the ~~judges~~precinct election	1344
officials, at six-thirty a.m. and shall be closed by proclamation	1345
at seven-thirty p.m. unless there are voters waiting in line to	1346
cast their ballots, in which case the polls shall be kept open	1347
until such waiting voters have voted.	1348

(B) On the day of the election, any polling place located on	1349
an island not connected to the mainland by a highway or a bridge	1350
may close earlier than seven-thirty p.m. if all registered voters	1351
in the precinct have voted. When a polling place closes under	1352
division (B) of this section the ~~presiding judge~~voting location	1353
manager shall immediately notify the board of elections of the	1354
closing.	1355

Sec. 3501.33. All ~~judges of~~precinct election officials	1356
shall enforce peace and good order in and about the place of	1357
registration or election. They shall especially keep the place of	1358
access of the electors to the polling place open and unobstructed	1359
and prevent and stop any improper practices or attempts tending to	1360
obstruct, intimidate, or interfere with any elector in registering	1361
or voting. They shall protect observers against molestation and	1362
violence in the performance of their duties, and may eject from	1363
the polling place any observer for violation of any provision of	1364
Title XXXV of the Revised Code. They shall prevent riots,	1365
violence, tumult, or disorder. In the discharge of these duties,	1366
they may call upon the sheriff, police, or other peace officers to	1367
aid them in enforcing the law. They may order the arrest of any	1368
person violating Title XXXV of the Revised Code, but such an	1369
arrest shall not prevent the person from registering or voting if	1370
the person is entitled to do so. The sheriff, all constables,	1371
police officers, and other officers of the peace shall immediately	1372
obey and aid in the enforcement of any lawful order made by the	1373
precinct election officials in the enforcement of Title XXXV of	1374
the Revised Code.	1375

Sec. 3501.35. (A) During an election and the counting of the	1376
ballots, no person shall do any of the following:	1377

(1) Loiter, congregate, or engage in any kind of election	1378
campaigning within the area between the polling place and the	1379
small flags of the United States placed on the thoroughfares and	1380
walkways leading to the polling place, and if the line of electors	1381
waiting to vote extends beyond those small flags, within ten feet	1382
of any elector in that line;	1383

(2) In any manner hinder or delay an elector in reaching or	1384
leaving the place fixed for casting the elector's ballot;	1385

(3) Give, tender, or exhibit any ballot or ticket to any	1386
person other than the elector's own ballot to the ~~judge of~~	1387
precinct election officials within the area between the polling	1388
place and the small flags of the United States placed on the	1389
thoroughfares and walkways leading to the polling place, and if	1390
the line of electors waiting to vote extends beyond those small	1391
flags, within ten feet of any elector in that line;	1392

(4) Exhibit any ticket or ballot which the elector intends to	1393
cast;	1394

(5) Solicit or in any manner attempt to influence any elector	1395
in casting the elector's vote.	1396

(B) Except as otherwise provided in division (C) of section	1397
3503.23 of the Revised Code, no person who is not an election	1398
official, employee, observer, or police officer shall be allowed	1399
to enter the polling place during the election, except for the	1400
purpose of voting or assisting another person to vote as provided	1401
in section 3505.24 of the Revised Code.	1402

(C) No more electors shall be allowed to approach the voting	1403
shelves at any time than there are voting shelves provided.	1404

(D) The ~~judges of~~precinct election officials and the police	1405
officer shall strictly enforce the observance of this section.	1406

Sec. 3501.37. After each election, the ~~judges of elections~~	1407
precinct election officials of each precinct, except when the	1408
board of elections assumes the duty, shall see that the movable	1409
booths and other equipment are returned for safekeeping to the	1410
fiscal officer of the township or to the clerk or auditor of the	1411
municipal corporation in which the precinct is situated. The	1412
fiscal officer, clerk, or auditor shall have booths and equipment	1413
on hand and in place at the polling places in each precinct before	1414
the time for opening the polls on election days, and for this	1415
service the board may allow the necessary expenses incurred. In	1416
cities, this duty shall devolve on the board.	1417

Sec. 3503.02. All registrars and ~~judges of elections~~	1418
precinct election officials, in determining the residence of a	1419
person offering to register or vote, shall be governed by the	1420
following rules:	1421

(A) That place shall be considered the residence of a person	1422
in which the person's habitation is fixed and to which, whenever	1423
the person is absent, the person has the intention of returning.	1424

(B) A person shall not be considered to have lost the	1425
person's residence who leaves the person's home and goes into	1426
another state or county of this state, for temporary purposes	1427
only, with the intention of returning.	1428

(C) A person shall not be considered to have gained a	1429
residence in any county of this state into which the person comes	1430
for temporary purposes only, without the intention of making such	1431
county the permanent place of abode.	1432

(D) The place where the family of a married person resides	1433
shall be considered to be the person's place of residence; except	1434
that when the spouses have separated and live apart, the place	1435
where such a spouse resides the length of time required to entitle	1436
a person to vote shall be considered to be the spouse's place of	1437
residence.	1438

(E) If a person removes to another state with the intention	1439
of making such state the person's residence, the person shall be	1440
considered to have lost the person's residence in this state.	1441

(F) Except as otherwise provided in division (G) of this	1442
section, if a person removes from this state and continuously	1443
resides outside this state for a period of four years or more, the	1444
person shall be considered to have lost the person's residence in	1445
this state, notwithstanding the fact that the person may entertain	1446
an intention to return at some future period.	1447

(G)(1) If a person removes from this state to engage in the	1448
services of the United States government, the person shall not be	1449
considered to have lost the person's residence in this state, and	1450
likewise should the person enter the employment of the state, the	1451
place where such person resided at the time of the person's	1452
removal shall be considered to be the person's place of residence.	1453

(2) If a person removes from this state to a location outside	1454
of the United States and the person does not become a resident of	1455
another state, the person shall not be considered to have lost the	1456
person's residence in this state. The place where the person	1457
resided at the time of the person's removal shall be considered to	1458
be the person's place of residence.	1459

(3) If a person is eligible to vote in this state under	1460
division (D)(2) of section 3511.011 of the Revised Code, the place	1461
where the person's parent or legal guardian resided in this state	1462
prior to that parent or legal guardian's removal to a location	1463
outside of the United States shall be considered to be the	1464
person's place of residence.	1465

(4) If an address that is considered to be a person's place	1466
of residence under division (G) of this section ceases to be a	1467
recognized residential address, the board of elections shall	1468
assign an address to the applicable person for voting purposes.	1469

(H) If a person goes into another state and while there	1470
exercises the right of a citizen by voting, the person shall be	1471
considered to have lost the person's residence in this state.	1472

(I) If a person does not have a fixed place of habitation,	1473
but has a shelter or other location at which the person has been a	1474
consistent or regular inhabitant and to which the person has the	1475
intention of returning, that shelter or other location shall be	1476
deemed the person's residence for the purpose of registering to	1477
vote.	1478

Sec. 3503.26. (A) All registration forms and lists, when not	1479
in official use by the registrars or ~~judges of elections~~precinct	1480
election officials, shall be in the possession of the board of	1481
elections. Names and addresses of electors may be copied from the	1482
registration lists only in the office of the board when it is open	1483
for business; but no such copying shall be permitted during the	1484
period of time commencing twenty-one days before an election and	1485
ending on the eleventh day after an election if such copying will,	1486
in the opinion of the board, interfere with the necessary work of	1487
the board. The board shall keep in convenient form and available	1488
for public inspection a correct set of the registration lists of	1489
all precincts in the county.	1490

(B) Notwithstanding division (A) of this section the board of	1491
elections shall maintain and make available for public inspection	1492
and copying at a reasonable cost all records concerning the	1493
implementation of programs and activities conducted for the	1494
purpose of ensuring the accuracy and currency of voter	1495
registration lists, including the names and addresses of all	1496
registered electors sent confirmation notices and whether or not	1497
the elector responded to the confirmation notice. The board shall	1498
maintain all records described in this division for a period of	1499
two years.	1500

Sec. 3505.07. (A) If the board of elections, by a unanimous	1501
vote of its members, or if the secretary of state, in the	1502
secretary of state's sole discretion, finds it impracticable to	1503
place the names of candidates for any office of a minor political	1504
subdivision in the county or the wording of any question or issue	1505
to be voted upon in such minor political subdivision on the	1506
ballots under sections 3505.01 to 3505.09 of the Revised Code,	1507
then such board may, or at the direction of the secretary of state	1508
shall, provide separate ballots for the candidates, question, or	1509
issue.	1510

(B) If the secretary of state, in the secretary of state's	1511
sole discretion, determines that it is impracticable to place the	1512
names of candidates for any office or the wording for any question	1513
or issue to be voted upon on the ballot when the candidates,	1514
question, issue, or wording for the question or issue was ordered	1515
onto the ballot by a court of competent jurisdiction and the	1516
ballots have been printed prior to the court order, the board of	1517
elections, at the direction of the secretary of state, shall	1518
provide separate ballots for the candidates, question, or issue.	1519

(C) All separate ballots provided for in this section shall	1520
conform in quality of paper, style of printing, form of ballot,	1521
arrangement of names, and in all other ways, in so far as	1522
practicable, with the provisions relating to the printing of the	1523
general official ballot. ~~Separate ballot boxes shall be provided~~	1524
~~for each such separate kind of ballot.~~	1525

Sec. 3505.08. (A) Ballots shall be provided by the board of	1526
elections for all general and special elections. The ballots shall	1527
be printed with black ink on No. 2 white book paper fifty pounds	1528
in weight per ream assuming such ream to consist of five hundred	1529
sheets of such paper twenty-five by thirty-eight inches in size.	1530
Each ballot shall have attached at the top two stubs, each of the	1531
width of the ballot and not less than one-half inch in length,	1532
except that, if the board of elections has an alternate method to	1533
account for the ballots that the secretary of state has	1534
authorized, each ballot may have only one stub that shall be the	1535
width of the ballot and not less than one-half inch in length. In	1536
the case of ballots with two stubs, the stubs shall be separated	1537
from the ballot and from each other by perforated lines. The top	1538
stub shall be known as Stub B and shall have printed on its face	1539
"Stub B." The other stub shall be known as Stub A and shall have	1540
printed on its face "Stub A." Each stub shall also have printed on	1541
its face "Consecutive Number .........."	1542

Each ballot of each kind of ballot provided for use in each	1543
precinct shall be numbered consecutively beginning with number 1	1544
by printing such number upon both of the stubs attached to the	1545
ballot. On ballots bearing the names of candidates, each	1546
candidate's name shall be printed in twelve point boldface upper	1547
case type in an enclosed rectangular space, and an enclosed blank	1548
rectangular space shall be provided at the left of the candidate's	1549
name. The name of the political party of a candidate nominated at	1550
a primary election or certified by a party committee shall be	1551
printed in ten point lightface upper and lower case type and shall	1552
be separated by a two point blank space. The name of each	1553
candidate shall be indented one space within the enclosed	1554
rectangular space, and the name of the political party shall be	1555
indented two spaces within the enclosed rectangular space.	1556

The title of each office on the ballots shall be printed in	1557
twelve point boldface upper and lower case type in a separate	1558
enclosed rectangular space. A four point rule shall separate the	1559
name of a candidate or a group of candidates for the same office	1560
from the title of the office next appearing below on the ballot; a	1561
two point rule shall separate the title of the office from the	1562
names of candidates; and a one point rule shall separate names of	1563
candidates. Headings shall be printed in display Roman type. When	1564
the names of several candidates are grouped together as candidates	1565
for the same office, there shall be printed on the ballots	1566
immediately below the title of the office and within the separate	1567
rectangular space in which the title is printed "Vote for not more	1568
than ........," in six point boldface upper and lower case filling	1569
the blank space with that number which will indicate the number of	1570
persons who may be lawfully elected to the office.	1571

Columns on ballots shall be separated from each other by a	1572
heavy vertical border or solid line at least one-eighth of an inch	1573
wide, and a similar vertical border or line shall enclose the left	1574
and right side of ballots. Ballots shall be trimmed along the	1575
sides close to such lines.	1576

The ballots provided for by this section shall be comprised	1577
of four kinds of ballots designated as follows: office type	1578
ballot; nonpartisan ballot; questions and issues ballot; and	1579
presidential ballot.	1580

On the back of each office type ballot shall be printed	1581
"Official Office Type Ballot;" on the back of each nonpartisan	1582
ballot shall be printed "Official Nonpartisan Ballot;" on the back	1583
of each questions and issues ballot shall be printed "Official	1584
Questions and Issues Ballot;" and on the back of each presidential	1585
ballot shall be printed "Official Presidential Ballot." OnAt the	1586
~~back~~end of every ballot also shall be printed the date of the	1587
election at which the ballot is used and the facsimile signatures	1588
of the members of the board of the county in which the ballot is	1589
used. For the purpose of identifying the kind of ballot, the back	1590
of every ballot may be numbered in the order the board shall	1591
determine. The numbers shall be printed in not less than	1592
thirty-six point type above the words "Official Office Type	1593
Ballot," "Official Nonpartisan Ballot," "Official Questions and	1594
Issues Ballot," or "Official Presidential Ballot," as the case may	1595
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	1596
be furnished for each precinct in which the above-described	1597
numbered ballots are used.	1598

On the back of every ballot used, there shall be a solid	1599
black line printed opposite the blank rectangular space that is	1600
used to mark the choice of the voter. This line shall be printed	1601
wide enough so that the mark in the blank rectangular space will	1602
not be visible from the back side of the ballot.	1603

Sample ballots may be printed by the board of elections for	1604
all general elections. The ballots shall be printed on colored	1605
paper, and "Sample Ballot" shall be plainly printed in boldface	1606
type on the face of each ballot. In counties of less than one	1607
hundred thousand population, the board may print not more than	1608
five hundred sample ballots; in all other counties, it may print	1609
not more than one thousand sample ballots. The sample ballots	1610
shall not be distributed by a political party or a candidate, nor	1611
shall a political party or candidate cause their title or name to	1612
be imprinted on sample ballots.	1613

(B) Notwithstanding division (A) of this section, in	1614
approving the form of an official ballot, the secretary of state	1615
may authorize the use of fonts, type face settings, and ballot	1616
formats other than those prescribed in that division.	1617

Sec. 3505.16. Before the opening of the polls, the package	1618
of supplies and the ballot ~~boxes~~box shall be opened in the	1619
presence of the precinct officials. The ballot ~~boxes~~box, the	1620
package of ballots, registration forms, and other supplies shall	1621
at all times be in full sight of the observers, and no ballot box	1622
or unused ballots during the balloting or counting shall be	1623
removed or screened from their full sight until the counting has	1624
been closed and the final returns completed and the certificate	1625
signed by the judges.	1626

Sec. 3505.17. If by accident or casualty the ballots or	1627
other required papers, lists, or supplies are lost or destroyed,	1628
or in case none are delivered at the polling place, or if during	1629
the time the polls are open additional ballots or supplies are	1630
required, the board of elections, upon requisition by telephone or	1631
in writing and signed by a majority of the precinct election	1632
~~judges~~officials of the precinct stating why such additional	1633
supplies are needed, shall supply them as speedily as possible.	1634

Sec. 3505.18. (A)(1) When an elector appears in a polling	1635
place to vote, the elector shall announce to the precinct election	1636
officials the elector's full name and current address and provide	1637
proof of the elector's identity in the form of a current and valid	1638
photo identification, a military identification, or a copy of a	1639
current utility bill, bank statement, government check, paycheck,	1640
or other government document, other than a notice of an election	1641
mailed by a board of elections under section 3501.19 of the	1642
Revised Code or a notice of voter registration mailed by a board	1643
of elections under section 3503.19 of the Revised Code, that shows	1644
the name and current address of the elector. If the elector	1645
provides either a driver's license or a state identification card	1646
issued under section 4507.50 of the Revised Code that does not	1647
contain the elector's current residence address, the elector shall	1648
provide the last four digits of the elector's driver's license	1649
number or state identification card number, and the precinct	1650
election official shall mark the poll list or signature pollbook	1651
to indicate that the elector has provided a driver's license or	1652
state identification card number with a former address and record	1653
the last four digits of the elector's driver's license number or	1654
state identification card number.	1655

(2) If an elector has but is unable to provide to the	1656
precinct election officials any of the forms of identification	1657
required under division (A)(1) of this section, but has a social	1658
security number, the elector may provide the last four digits of	1659
the elector's social security number. Upon providing the social	1660
security number information, the elector may cast a provisional	1661
ballot under section 3505.181 of the Revised Code, the envelope of	1662
which ballot shall include that social security number	1663
information.	1664

(3) If an elector has but is unable to provide to the	1665
precinct election officials any of the forms of identification	1666
required under division (A)(1) of this section and if the elector	1667
has a social security number but is unable to provide the last	1668
four digits of the elector's social security number, the elector	1669
may cast a provisional ballot under section 3505.181 of the	1670
Revised Code.	1671

(4) If an elector does not have any of the forms of	1672
identification required under division (A)(1) of this section and	1673
cannot provide the last four digits of the elector's social	1674
security number because the elector does not have a social	1675
security number, the elector may execute an affirmation under	1676
penalty of election falsification that the elector cannot provide	1677
the identification required under that division or the last four	1678
digits of the elector's social security number for those reasons.	1679
Upon signing the affirmation, the elector may cast a provisional	1680
ballot under section 3505.181 of the Revised Code. The secretary	1681
of state shall prescribe the form of the affirmation, which shall	1682
include spaces for all of the following:	1683

(a) The elector's name;

1684

(b) The elector's address;

1685

1686

(d) The elector's date of birth;

1687

(e) The elector's signature.

1688

(5) If an elector does not have any of the forms of	1689
identification required under division (A)(1) of this section and	1690
cannot provide the last four digits of the elector's social	1691
security number because the elector does not have a social	1692
security number, and if the elector declines to execute an	1693
affirmation under division (A)(4) of this section, the elector may	1694
cast a provisional ballot under section 3505.181 of the Revised	1695
Code, the envelope of which ballot shall include the elector's	1696
name.	1697

(6) If an elector has but declines to provide to the precinct	1698
election officials any of the forms of identification required	1699
under division (A)(1) of this section or the elector has a social	1700
security number but declines to provide to the precinct election	1701
officials the last four digits of the elector's social security	1702
number, the elector may cast a provisional ballot under section	1703
3505.181 of the Revised Code.	1704

(B) After the elector has announced the elector's full name	1705
and current address and provided any of the forms of	1706
identification required under division (A)(1) of this section, the	1707
elector shall write the elector's name and address at the proper	1708
place in the poll list or signature pollbook provided for the	1709
purpose, except that if, for any reason, an elector is unable to	1710
write the elector's name and current address in the poll list or	1711
signature pollbook, the elector may make the elector's mark at the	1712
place intended for the elector's name, and a precinct election	1713
official shall write the name of the elector at the proper place	1714
on the poll list or signature pollbook following the elector's	1715
mark. The making of such a mark shall be attested by the precinct	1716
election official, who shall evidence the same by signing the	1717
precinct election official's name on the poll list or signature	1718
pollbook as a witness to the mark. Alternatively, if applicable,	1719
an attorney in fact acting pursuant to section 3501.382 of the	1720
Revised Code may sign the elector's signature in the poll list or	1721
signature pollbook in accordance with that section.	1722

The elector's signature in the poll list or signature	1723
pollbook then shall be compared with the elector's signature on	1724
the elector's registration form or a digitized signature list as	1725
provided for in section 3503.13 of the Revised Code, and if, in	1726
the opinion of a majority of the precinct election officials, the	1727
signatures are the signatures of the same person, the election	1728
officials shall enter the date of the election on the registration	1729
form or shall record the date by other means prescribed by the	1730
secretary of state. The validity of an attorney in fact's	1731
signature on behalf of an elector shall be determined in	1732
accordance with section 3501.382 of the Revised Code.	1733

If the right of the elector to vote is not then challenged,	1734
or, if being challenged, the elector establishes the elector's	1735
right to vote, the elector shall be allowed to proceed to use the	1736
voting machine. If voting machines are not being used in that	1737
precinct, the ~~judge~~precinct election official in charge of	1738
ballots shall then detach the next ballots to be issued to the	1739
elector from Stub B attached to each ballot, leaving Stub A	1740
attached to each ballot, hand the ballots to the elector, and call	1741
the elector's name and the stub number on each of the ballots. The	1742
~~judge~~precinct election official shall enter the stub numbers	1743
opposite the signature of the elector in the pollbook. The elector	1744
shall then retire to one of the voting compartments to mark the	1745
elector's ballots. No mark shall be made on any ballot which would	1746
in any way enable any person to identify the person who voted the	1747
ballot.	1748

Sec. 3505.20. Any person offering to vote may be challenged	1749
at the polling place by any ~~judge of elections~~precinct election	1750
official. If the board of elections has ruled on the question	1751
presented by a challenge prior to election day, its finding and	1752
decision shall be final, and the ~~presiding judge~~voting location	1753
manager shall be notified in writing. If the board has not ruled,	1754
the question shall be determined as set forth in this section. If	1755
any person is so challenged as unqualified to vote, the ~~presiding~~	1756
~~judge~~voting location manager shall tender the person the	1757
following oath: "You do swear or affirm under penalty of election	1758
falsification that you will fully and truly answer all of the	1759
following questions put to you concerning your qualifications as	1760
an elector at this election."	1761

(A) If the person is challenged as unqualified on the ground	1762
that the person is not a citizen, the ~~judges~~precinct election	1763
officials shall put the following questions:	1764

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

1765

(2) Are you a native or naturalized citizen?

1766

(3) Where were you born?

1767

(4) What official documentation do you possess to prove your	1768
citizenship? Please provide that documentation.	1769

If the person offering to vote claims to be a naturalized	1770
citizen of the United States, the person shall, before the vote is	1771
received, produce for inspection of the ~~judges~~precinct election	1772
officials a certificate of naturalization and declare under oath	1773
that the person is the identical person named in the certificate.	1774
If the person states under oath that, by reason of the	1775
naturalization of the person's parents or one of them, the person	1776
has become a citizen of the United States, and when or where the	1777
person's parents were naturalized, the certificate of	1778
naturalization need not be produced. If the person is unable to	1779
provide a certificate of naturalization on the day of the	1780
election, the ~~judges~~precinct election officials shall provide to	1781
the person, and the person may vote, a provisional ballot under	1782
section 3505.181 of the Revised Code. The provisional ballot shall	1783
not be counted unless it is properly completed and the board of	1784
elections determines that the voter is properly registered and	1785
eligible to vote in the election.	1786

(B) If the person is challenged as unqualified on the ground	1787
that the person has not resided in this state for thirty days	1788
immediately preceding the election, the ~~judges~~precinct election	1789
officials shall put the following questions:	1790

(1) Have you resided in this state for thirty days	1791
immediately preceding this election? If so, where have you	1792
resided?	1793

(2) Did you properly register to vote?

1794

(3) Can you provide some form of identification containing	1795
your current mailing address in this precinct? Please provide that	1796
identification.	1797

(4) Have you voted or attempted to vote at any other location	1798
in this or in any other state at this election?	1799

(5) Have you applied for an absent voter's ballot in any	1800
state for this election?	1801

If the ~~judges~~precinct election officials are unable to	1802
verify the person's eligibility to cast a ballot in the election,	1803
the ~~judges~~precinct election officials shall provide to the	1804
person, and the person may vote, a provisional ballot under	1805
section 3505.181 of the Revised Code. The provisional ballot shall	1806
not be counted unless it is properly completed and the board of	1807
elections determines that the voter is properly registered and	1808
eligible to vote in the election.	1809

(C) If the person is challenged as unqualified on the ground	1810
that the person is not a resident of the precinct where the person	1811
offers to vote, the ~~judges~~precinct election officials shall put	1812
the following questions:	1813

(1) Do you reside in this precinct?

1814

(2) When did you move into this precinct?

1815

(3) When you came into this precinct, did you come for a	1816
temporary purpose merely or for the purpose of making it your	1817
home?	1818

(4) What is your current mailing address?

1819

(5) Do you have some official identification containing your	1820
current address in this precinct? Please provide that	1821
identification.	1822

(6) Have you voted or attempted to vote at any other location	1823
in this or in any other state at this election?	1824

(7) Have you applied for any absent voter's ballot in any	1825
state for this election?	1826

The ~~judges~~precinct election officials shall direct an	1827
individual who is not in the appropriate polling place to the	1828
appropriate polling place. If the individual refuses to go to the	1829
appropriate polling place, or if the ~~judges~~precinct election	1830
officials are unable to verify the person's eligibility to cast a	1831
ballot in the election, the ~~judges~~precinct election officials	1832
shall provide to the person, and the person may vote, a	1833
provisional ballot under section 3505.181 of the Revised Code. The	1834
provisional ballot shall not be counted unless it is properly	1835
completed and the board of elections determines that the voter is	1836
properly registered and eligible to vote in the election.	1837

(D) If the person is challenged as unqualified on the ground	1838
that the person is not of legal voting age, the ~~judges~~precinct	1839
election officials shall put the following questions:	1840

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

1841

(2) What is your date of birth?

1842

(3) Do you have some official identification verifying your	1843
age? Please provide that identification.	1844

If the ~~judges~~precinct election officials are unable to	1845
verify the person's age and eligibility to cast a ballot in the	1846
election, the ~~judges~~precinct election officials shall provide to	1847
the person, and the person may vote, a provisional ballot under	1848
section 3505.181 of the Revised Code. The provisional ballot shall	1849
not be counted unless it is properly completed and the board of	1850
elections determines that the voter is properly registered and	1851
eligible to vote in the election.	1852

The ~~presiding judge~~voting location manager shall put such	1853
other questions to the person challenged as are necessary to	1854
determine the person's qualifications as an elector at the	1855
election. If a person challenged refuses to answer fully any	1856
question put to the person, is unable to answer the questions as	1857
they were answered on the registration form by the person under	1858
whose name the person offers to vote, or refuses to sign the	1859
person's name or make the person's mark, or if for any other	1860
reason a majority of the ~~judges~~precinct election officials	1861
believes the person is not entitled to vote, the ~~judges~~precinct	1862
election officials shall provide to the person, and the person may	1863
vote, a provisional ballot under section 3505.181 of the Revised	1864
Code. The provisional ballot shall not be counted unless it is	1865
properly completed and the board of elections determines that the	1866
voter is properly registered and eligible to vote in the election.	1867

A qualified citizen who has certified the citizen's intention	1868
to vote for president and vice-president as provided by Chapter	1869
3504. of the Revised Code shall be eligible to receive only the	1870
ballot containing presidential and vice-presidential candidates.	1871

However, prior to the nineteenth day before the day of an	1872
election and in accordance with section 3503.24 of the Revised	1873
Code, any person qualified to vote may challenge the right of any	1874
other person to be registered as a voter, or the right to cast an	1875
absent voter's ballot, or to make application for such ballot.	1876
Such challenge shall be made in accordance with section 3503.24 of	1877
the Revised Code, and the board of elections of the county in	1878
which the voting residence of the challenged voter is situated	1879
shall make a final determination relative to the legality of such	1880
registration or application.	1881

Sec. 3505.21. (A) As used in this section, "during the	1882
casting of the ballots" includes any time during which a board of	1883
elections permits an elector to vote an absent voter's ballot in	1884
person at the office of the board and any time ballots may be cast	1885
in a precinct polling place on the day of an election.	1886

(B) At any primary, special, or general election, any	1887
political party supporting candidates to be voted upon at such	1888
election and any group of five or more candidates may appoint to	1889
the board of elections or to any of the precincts in the county or	1890
city one person, a qualified elector, who shall serve as observer	1891
for such party or such candidates during the casting of the	1892
ballots and during the counting of the ballots; provided that	1893
separate observers may be appointed to serve during the casting	1894
and during the counting of the ballots. No candidate, no uniformed	1895
peace officer as defined by section 2935.01 of the Revised Code,	1896
no uniformed state highway patrol trooper, no uniformed member of	1897
any fire department, no uniformed member of the armed services, no	1898
uniformed member of the organized militia, no person wearing any	1899
other uniform, and no person carrying a firearm or other deadly	1900
weapon shall serve as an observer, nor shall any candidate be	1901
represented by more than one observer at any one precinct or at	1902
the board of elections except that a candidate who is a member of	1903
a party controlling committee, as defined in section 3517.03 of	1904
the Revised Code, may serve as an observer. ~~Any~~	1905

(C) Any political party or group of candidates appointing	1906
observers shall notify the board of elections of the names and	1907
addresses of its appointees and the precincts at which they shall	1908
serve or that they will serve at the board of elections.	1909
Notification of observers appointed to serve on the day of an	1910
election shall take place not less than eleven days before the day	1911
of the election on forms prescribed by the secretary of state and	1912
may be amended by filing an amendment with the board of elections	1913
at any time until four p.m. of the day before the election.	1914
Notification of observers appointed to serve at the office of the	1915
board during the time absent voter's ballots may be cast in person	1916
shall take place not less than eleven days before absent voter's	1917
ballots are required to be ready for use pursuant to section	1918
3509.01 of the Revised Code on forms prescribed by the secretary	1919
of state and may be amended by filing an amendment with the board	1920
of elections at any time until four p.m. of the day before the	1921
observer is appointed to serve. The observer serving on behalf of	1922
a political party shall be appointed in writing by the chairperson	1923
and secretary of the respective controlling party committee.	1924
Observers serving for any five or more candidates shall have their	1925
certificates signed by those candidates. Observers appointed to a	1926
precinct may file their certificates of appointment with the	1927
~~presiding judge~~voting location manager of the precinct at the	1928
meeting on the evening prior to the election, or with the	1929
~~presiding judge~~voting location manager of the precinct on the day	1930
of the election. ~~Upon~~Observers appointed to the office of the	1931
board to observe the casting of absent voter's ballots in person	1932
prior to the day of the election may file their certificates with	1933
the director of the board of elections the day before or on the	1934
day that the observers are scheduled to serve at the office of the	1935
board.	1936

Upon the filing of a certificate, the person named as	1937
observer in the certificate shall be permitted to be in and about	1938
the applicable polling place ~~for the precinct~~ during the casting	1939
of the ballots and shall be permitted to watch every proceeding of	1940
the ~~judges of elections~~precinct election officials from the	1941
time of the opening until the closing of the polls. The observer	1942
also may inspect the counting of all ballots in the polling place	1943
or board of elections from the time of the closing of the polls	1944
until the counting is completed and the final returns are	1945
certified and signed. Observers appointed to serve at the board of	1946
elections on the day of an election under this section may observe	1947
at the board of elections and may observe at any precinct in the	1948
county. The ~~judges of elections~~precinct election officials shall	1949
protect such observers in all of the rights and privileges granted	1950
to them by Title XXXV of the Revised Code.	1951

(D) No persons other than the ~~judges of elections~~precinct	1952
election officials, the observers, a police officer, other persons	1953
who are detailed to any precinct on request of the board of	1954
elections, or the secretary of state or the secretary of state's	1955
legal representative shall be admitted to the polling place, or	1956
any room in which a board of elections is counting ballots, after	1957
the closing of the polls until the counting, certifying, and	1958
signing of the final returns of each election have been completed.	1959

(E) Not later than four p.m. of the twentieth day prior to an	1960
election at which questions are to be submitted to a vote of the	1961
people, any committee that in good faith advocates or opposes a	1962
measure may file a petition with the board of any county asking	1963
that the petitioners be recognized as the committee entitled to	1964
appoint observers to the count at the election. If more than one	1965
committee alleging themselves to advocate or oppose the same	1966
measure file such a petition, the board shall decide and announce	1967
by registered mail to each committee not less than twelve days	1968
immediately preceding the election which committee is recognized	1969
as being entitled to appoint observers. The decision shall not be	1970
final, but any aggrieved party may institute mandamus proceedings	1971
in the court of common pleas of the county in which the board has	1972
jurisdiction to compel the ~~judges of elections~~precinct election	1973
officials to accept the appointees of such aggrieved party. Any	1974
such recognized committee may appoint an observer to the count in	1975
each precinct. Committees appointing observers shall notify the	1976
board of elections of the names and addresses of its appointees	1977
and the precincts at which they shall serve. Notification shall	1978
take place not less than eleven days before the election on forms	1979
prescribed by the secretary of state and may be amended by filing	1980
an amendment with the board of elections at any time until four	1981
p.m. on the day before the election. A person so appointed shall	1982
file the person's certificate of appointment with the ~~presiding~~	1983
~~judge~~voting location manager in the precinct in which the person	1984
has been appointed to serve. Observers shall file their	1985
certificates before the polls are closed. In no case shall more	1986
than six observers be appointed for any one election in any one	1987
precinct. If more than three questions are to be voted on, the	1988
committees which have appointed observers may agree upon not to	1989
exceed six observers, and the ~~judges of elections~~precinct	1990
election officials shall appoint such observers. If such	1991
committees fail to agree, the ~~judges of elections~~precinct	1992
election officials shall appoint six observers from the appointees	1993
so certified, in such manner that each side of the several	1994
questions shall be represented.	1995

(F) No person shall serve as an observer at any precinct or	1996
at the board of elections unless the board of elections of the	1997
county in which such observer is to serve has first been notified	1998
of the name, address, and ~~precinct~~location at which such observer	1999
is to serve. Notification to the board of elections shall be given	2000
by the political party, group of candidates, or committee	2001
appointing such observer as prescribed in this section. No such	2002
observers shall receive any compensation from the county,	2003
municipal corporation, or township, and they shall take the	2004
following oath, to be administered by one of the ~~judges of~~	2005
~~elections~~precinct election officials:	2006

"You do solemnly swear that you will faithfully and	2007
impartially discharge the duties as an official observer, assigned	2008
by law; that you will not cause any delay to persons offering to	2009
vote; and that you will not disclose or communicate to any person	2010
how any elector has voted at such election."	2011

Sec. 3505.23. No voter shall be allowed to occupy a voting	2012
compartment or use a voting machine more than five minutes when	2013
all the voting compartments or machines are in use and voters are	2014
waiting to occupy them. Except as otherwise provided by section	2015
3505.24 of the Revised Code, no voter shall occupy a voting	2016
compartment or machine with another person or speak to anyone, nor	2017
shall anyone speak to the voter, while the voter is in a voting	2018
compartment or machine.	2019

In precincts that do not use voting machines the following	2020
procedure shall be followed:	2021

If a voter tears, soils, defaces, or erroneously marks a	2022
ballot the voter may return it to the precinct election officials	2023
and a second ballot shall be issued to the voter. Before returning	2024
a torn, soiled, defaced, or erroneously marked ballot, the voter	2025
shall fold it so as to conceal any marks the voter made upon it,	2026
but the voter shall not remove Stub A therefrom. If the voter	2027
tears, soils, defaces, or erroneously marks such second ballot,	2028
the voter may return it to the precinct election officials, and a	2029
third ballot shall be issued to the voter. In no case shall more	2030
than three ballots be issued to a voter. Upon receiving a returned	2031
torn, soiled, defaced, or erroneously marked ballot the precinct	2032
election officials shall detach Stub A therefrom, write "Defaced"	2033
on the back of such ballot, and place the stub and the ballot in	2034
the separate containers provided therefor.	2035

No elector shall leave the polling place until the elector	2036
returns to the precinct election officials every ballot issued to	2037
the elector with Stub A on each ballot attached thereto,	2038
regardless of whether the elector has or has not placed any marks	2039
upon the ballot.	2040

Before leaving the voting compartment, the voter shall fold	2041
each ballot marked by the voter so that no part of the face of the	2042
ballot is visible, and so that the printing thereon indicating the	2043
kind of ballot it is and the facsimile signatures of the members	2044
of the board of elections are visible. The voter shall then leave	2045
the voting compartment, deliver the voter's ballots, and state the	2046
voter's name to the ~~judge~~precinct election official having charge	2047
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	2048
A from each ballot, and announce the number on the stubs. The	2049
~~judges~~precinct election officials in charge of the poll lists or	2050
poll books shall check to ascertain whether the number so	2051
announced is the number on Stub B of the ballots issued to such	2052
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	2053
election official in charge of the ballot ~~boxes~~box shall, in the	2054
presence of the voter, deposit each such ballot in the ~~proper~~	2055
ballot box and shall place Stub A from each ballot in the	2056
container provided therefor. The voter shall then immediately	2057
leave the polling place.	2058

No ballot delivered by a voter to the ~~judge~~precinct election	2059
official in charge of the ballot ~~boxes~~box with Stub A detached	2060
therefrom, and only ballots provided in accordance with Title XXXV	2061
of the Revised Code, shall be voted or deposited in the ballot	2062
~~boxes~~box.	2063

In marking a presidential ballot, the voter shall record the	2064
vote in the manner provided on the ballot next to the names of the	2065
candidates for the offices of president and vice-president. Such	2066
ballot shall be considered and counted as a vote for each of the	2067
candidates for election as presidential elector whose names were	2068
certified to the secretary of state by the political party of such	2069
nominees for president and vice-president.	2070

In marking an office type ballot or nonpartisan ballot, the	2071
voter shall record the vote in the manner provided on the ballot	2072
next to the name of each candidate for whom the voter desires to	2073
vote.	2074

In marking a primary election ballot, the voter shall record	2075
the vote in the manner provided on the ballot next to the name of	2076
each candidate for whom the voter desires to vote. If the voter	2077
desires to vote for the nomination of a person whose name is not	2078
printed on the primary election ballot, the voter may do so by	2079
writing such person's name on the ballot in the proper place	2080
provided for such purpose.	2081

In marking a questions and issues ballot, the voter shall	2082
record the vote in the manner provided on the ballot at the left	2083
or at the right of "YES" or "NO" or other words of similar import	2084
which are printed on the ballot to enable the voter to indicate	2085
how the voter votes in connection with each question or issue upon	2086
which the voter desires to vote.	2087

In marking any ballot on which a blank space has been	2088
provided wherein an elector may write in the name of a person for	2089
whom the elector desires to vote, the elector shall write such	2090
person's name in such blank space and on no other place on the	2091
ballot. Unless specific provision is made by statute, no blank	2092
space shall be provided on a ballot for write-in votes, and any	2093
names written on a ballot other than in a blank space provided	2094
therefor shall not be counted or recorded.	2095

Sec. 3505.24. Any elector who declares to the ~~presiding~~	2096
~~judge of elections~~voting location manager that the elector is	2097
unable to mark the elector's ballot by reason of blindness,	2098
disability, or illiteracy may be accompanied in the voting booth	2099
and aided by any person of the elector's choice, other than the	2100
elector's employer, an agent of the elector's employer, or an	2101
officer or agent of the elector's union, if any. The elector also	2102
may request and receive assistance in the marking of the elector's	2103
ballot from two election officials of different political parties.	2104
Any person providing assistance in the marking of an elector's	2105
ballot under this section shall thereafter provide no information	2106
in regard to the marking of that ballot.	2107

Any ~~judge~~precinct election official may require a	2108
declaration of inability to be made by the elector under oath	2109
before the ~~judge~~official. Assistance shall not be rendered for	2110
causes other than those specified in this section, and no	2111
candidate whose name appears on the ballot shall assist any person	2112
in marking that person's ballot.	2113

Sec. 3505.26. At the time for closing the polls, the	2114
~~presiding judge~~voting location manager shall by proclamation	2115
announce that the polls are closed.	2116

The ~~judges~~precinct election officials shall then in the	2117
presence of observers proceed as follows:	2118

(A) Count the number of electors who voted, as shown on the	2119
pollbooks;	2120

(B) Count the unused ballots without removing stubs;

2121

2122

(D) Insert the totals of (A), (B), and (C) on the report	2123
forms provided therefor in the pollbook;	2124

(E) Count the voted ballots. If the number of voted ballots	2125
exceeds the number of voters whose names appear upon the	2126
pollbooks, the ~~presiding judge~~voting location manager shall enter	2127
on the pollbooks an explanation of that discrepancy, and that	2128
explanation, if agreed to, shall be subscribed to by all of the	2129
~~judges~~precinct election officials. Any ~~judge~~precinct official	2130
having a different explanation shall enter it in the pollbooks and	2131
subscribe to it.	2132

(F) Put the unused ballots with stubs attached, and soiled	2133
and defaced ballots with stubs attached, in the envelopes or	2134
containers provided therefor, certify the number, and then proceed	2135
to count and tally the votes in the manner prescribed by section	2136
3505.27 of the Revised Code and certify the result of the election	2137
to the board of elections.	2138

Sec. 3505.29. From the time the ballot box is opened and the	2139
count of ballots begun until the ballots are counted and	2140
certificates of votes cast are made out, signed, certified and	2141
given to the ~~presiding judge~~voting location manager for delivery	2142
to the headquarters of the board of elections, the ~~judges~~precinct	2143
election officials in each precinct shall not separate, nor shall	2144
a ~~judge~~precinct election official leave the polling place except	2145
from unavoidable necessity. In cases of illness or unavoidable	2146
necessity, the board may substitute another qualified person for	2147
any precinct official so incapacitated.	2148

Sec. 3505.30. When the results of the ballots have been	2149
ascertained, such results shall be embodied in a summary statement	2150
to be prepared by the ~~judges~~precinct election officials in	2151
duplicate, on forms provided by the board of elections. One copy	2152
shall be certified by the ~~judges~~precinct election officials and	2153
posted on the front of the polling place, and one copy, similarly	2154
certified, shall be transmitted without delay to the board in a	2155
sealed envelope along with the other returns of the election. The	2156
board shall, immediately upon receipt of such summary statements,	2157
compile and prepare an unofficial count and upon its completion	2158
shall transmit prepaid, immediately by telephone, facsimile	2159
machine, or other telecommunications device, the results of such	2160
unofficial count to the secretary of state, or to the board of the	2161
most populous county of the district which is authorized to	2162
canvass the returns. Such count, in no event, shall be made later	2163
than twelve noon on the day following the election. The board	2164
shall also, at the same time, certify the results thereof to the	2165
secretary of state by certified mail. The board shall remain in	2166
session from the time of the opening of the polls, continuously,	2167
until the results of the election are received from every precinct	2168
in the county and such results are communicated to the secretary	2169
of state.	2170

Sec. 3505.31. When the results of the voting in a polling	2171
place on the day of an election have been determined and entered	2172
upon the proper forms and the certifications of those results have	2173
been signed by the precinct officials, those officials, before	2174
leaving the polling place, shall place all ballots that they have	2175
counted in containers provided for that purpose by the board of	2176
elections, and shall seal each container in a manner that it	2177
cannot be opened without breaking the seal or the material of	2178
which the container is made. They shall also seal the pollbook,	2179
poll list or signature pollbook, and tally sheet in a manner that	2180
the data contained in these items cannot be seen without breaking	2181
the seals. On the outside of these items shall be a plain	2182
indication that they are to be filed with the board. The ~~presiding~~	2183
~~judge~~voting location manager and an employee or appointee of the	2184
board of elections who has taken an oath to uphold the laws and	2185
constitution of this state, including an oath that the person will	2186
promptly and securely perform the duties required under this	2187
section and who is a member of a different political party than	2188
the ~~presiding judge~~voting location manager, shall then deliver to	2189
the board the containers of ballots and the sealed pollbook, poll	2190
list, and tally sheet, together with all other election reports,	2191
materials, and supplies required to be delivered to the board.	2192

The board shall carefully preserve all ballots prepared and	2193
provided by it for use in an election, whether used or unused, for	2194
sixty days after the day of the election, except that, if an	2195
election includes the nomination or election of candidates for any	2196
of the offices of president, vice-president, presidential elector,	2197
member of the senate of the congress of the United States, or	2198
member of the house of representatives of the congress of the	2199
United States, the board shall carefully preserve all ballots	2200
prepared and provided by it for use in that election, whether used	2201
or unused, for twenty-two months after the day of the election. If	2202
an election is held within that sixty-day period, the board shall	2203
have authority to transfer those ballots to other containers to	2204
preserve them until the sixty-day period has expired. After that	2205
sixty-day period, the ballots shall be disposed of by the board in	2206
a manner that the board orders, or where voting machines have been	2207
used the counters may be turned back to zero; provided that the	2208
secretary of state, within that sixty-day period, may order the	2209
board to preserve the ballots or any part of the ballots for a	2210
longer period of time, in which event the board shall preserve	2211
those ballots for that longer period of time.	2212

In counties where voting machines are used, if an election is	2213
to be held within the sixty days immediately following a primary,	2214
general, or special election or within any period of time within	2215
which the ballots have been ordered preserved by the secretary of	2216
state or a court of competent jurisdiction, the board, after	2217
giving notice to all interested parties and affording them an	2218
opportunity to have a representative present, shall open the	2219
compartments of the machines and, without unlocking the machines,	2220
shall recanvass the vote cast in them as if a recount were being	2221
held. The results shall be certified by the board, and this	2222
certification shall be filed in the board's office and retained	2223
for the remainder of the period for which ballots must be kept.	2224
After preparation of the certificate, the counters may be turned	2225
back to zero, and the machines may be used for the election.	2226

The board shall carefully preserve the pollbook, poll list or	2227
signature pollbook, and tally sheet delivered to it from each	2228
polling place until it has completed the official canvass of the	2229
election returns from all precincts in which electors were	2230
entitled to vote at an election, and has prepared and certified	2231
the abstracts of election returns, as required by law. The board	2232
shall not break, or permit anyone to break, the seals upon the	2233
pollbook, poll list or signature pollbook, and tally sheet, or	2234
make, or permit any one to make, any changes or notations in these	2235
items, while they are in its custody, except as provided by	2236
section 3505.32 of the Revised Code.	2237

Pollbooks and poll lists or signature pollbooks of a party	2238
primary election delivered to the board from polling places shall	2239
be carefully preserved by it for two years after the day of	2240
election in which they were used, and shall then be disposed of by	2241
the board in a manner that the board orders.	2242

Pollbooks, poll lists or signature pollbooks, tally sheets,	2243
summary statements, and other records and returns of an election	2244
delivered to it from polling places shall be carefully preserved	2245
by the board for two years after the day of the election in which	2246
they were used, and shall then be disposed of by the board in a	2247
manner that the board orders.	2248

Sec. 3506.021. (A) A board of elections may adopt the use of	2249
any electronic pollbook that has been certified for use in this	2250
state in accordance with section 3506.05 of the Revised Code,	2251
instead of using poll lists or signature pollbooks. A board of	2252
elections that opts to use electronic pollbooks shall notify the	2253
secretary of state of that decision.	2254

(B) The secretary of state shall provide each board of	2255
elections that adopts the use of electronic pollbooks under	2256
division (A) of this section with rules, instructions, directives,	2257
and advisories regarding the examination, testing, and use of	2258
electronic pollbooks, including rules regarding the sealing of the	2259
information in those pollbooks as required under section 3505.31	2260
of the Revised Code.	2261

(C) As used in this section, "electronic pollbook" has the	2262
same meaning as in section 3506.05 of the Revised Code.	2263

Sec. 3506.05. (A) As used in this section~~, except~~:

2264

(1) "Electronic pollbook" means an electronic list of	2265
registered voters for a particular precinct or polling location	2266
that may be transported to a polling location.	2267

(2) Except when used as part of the phrase "tabulating	2268
equipment" or "automatic tabulating equipment,":	2269

~~(1) "Equipment"~~"equipment" means a voting machine, marking	2270
device, automatic tabulating equipment, or software, or an	2271
electronic pollbook.	2272

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	2273
distributes, or has the legal right to control the use of	2274
equipment, or the person's agent.	2275

(B) No voting machine, marking device, automatic tabulating	2276
equipment, or software for the purpose of casting or tabulating	2277
votes or for communications among systems involved in the	2278
tabulation, storage, or casting of votes, and no electronic	2279
pollbook, shall be purchased, leased, put in use, or continued to	2280
be used, except for experimental use as provided in division (B)	2281
of section 3506.04 of the Revised Code, unless it, a manual of	2282
procedures governing its use, and training materials, service, and	2283
other support arrangements have been certified by the secretary of	2284
state and unless the board of elections of each county where the	2285
equipment will be used has assured that a demonstration of the use	2286
of the equipment has been made available to all interested	2287
electors. The secretary of state shall appoint a board of voting	2288
machine examiners to examine and approve equipment and its related	2289
manuals and support arrangements. The board shall consist of four	2290
members, who shall be appointed as follows:	2291

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

2292

(2) One member appointed by either the speaker of the house	2293
of representatives or the minority leader of the house of	2294
representatives, whichever is a member of the opposite political	2295
party from the one to which the secretary of state belongs.	2296

(3) One member appointed by either the president of the	2297
senate or the minority leader of the senate, whichever is a member	2298
of the opposite political party from the one to which the	2299
secretary of state belongs.	2300

In all cases of a tie vote or a disagreement in the board, if	2301
no decision can be arrived at, the board shall submit the matter	2302
in controversy to the secretary of state, who shall summarily	2303
decide the question, and the secretary of state's decision shall	2304
be final. Each member of the board shall be a competent and	2305
experienced election officer or a person who is knowledgeable	2306
about the operation of voting equipment and shall serve during the	2307
secretary of state's term. Any vacancy on the board shall be	2308
filled in the same manner as the original appointment. The	2309
secretary of state shall provide staffing assistance to the board,	2310
at the board's request.	2311

For the member's service, each member of the board shall	2312
receive three hundred dollars per day for each combination of	2313
marking device, tabulating equipment, ~~and~~ voting machine, or	2314
electronic pollbook examined and reported, but in no event shall a	2315
member receive more than six hundred dollars to examine and report	2316
on any one marking device, item of tabulating equipment, or voting	2317
machine, or electronic pollbook. Each member of the board shall be	2318
reimbursed for expenses the member incurs during an examination or	2319
during the performance of any related duties that may be required	2320
by the secretary of state. Reimbursement of these expenses shall	2321
be made in accordance with, and shall not exceed, the rates	2322
provided for under section 126.31 of the Revised Code.	2323

Neither the secretary of state nor the board, nor any public	2324
officer who participates in the authorization, examination,	2325
testing, or purchase of equipment, shall have any pecuniary	2326
interest in the equipment or any affiliation with the vendor.	2327

(C)(1) A vendor who desires to have the secretary of state	2328
certify equipment shall first submit the equipment, all current	2329
related procedural manuals, and a current description of all	2330
related support arrangements to the board of voting machine	2331
examiners for examination, testing, and approval. The submission	2332
shall be accompanied by a fee of two thousand four hundred dollars	2333
and a detailed explanation of the construction and method of	2334
operation of the equipment, a full statement of its advantages,	2335
and a list of the patents and copyrights used in operations	2336
essential to the processes of vote recording and tabulating, vote	2337
storage, system security, pollbook storage and security, and other	2338
crucial operations of the equipment as may be determined by the	2339
board. An additional fee, in an amount to be set by rules	2340
promulgated by the board, may be imposed to pay for the costs of	2341
alternative testing or testing by persons other than board	2342
members, record-keeping, and other extraordinary costs incurred in	2343
the examination process. Moneys not used shall be returned to the	2344
person or entity submitting the equipment for examination.	2345

(2) Fees collected by the secretary of state under this	2346
section shall be deposited into the state treasury to the credit	2347
of the board of voting machine examiners fund, which is hereby	2348
created. All moneys credited to this fund shall be used solely for	2349
the purpose of paying for the services and expenses of each member	2350
of the board or for other expenses incurred relating to the	2351
examination, testing, reporting, or certification of ~~voting~~	2352
~~machine devices~~equipment, the performance of any related duties	2353
as required by the secretary of state, or the reimbursement of any	2354
person submitting an examination fee as provided in this chapter.	2355

(D) Within sixty days after the submission of the equipment	2356
and payment of the fee, or as soon thereafter as is reasonably	2357
practicable, but in any event within not more than ninety days	2358
after the submission and payment, the board of voting machine	2359
examiners shall examine the equipment and file with the secretary	2360
of state a written report on the equipment with its	2361
recommendations and, if applicable, its determination or condition	2362
of approval regarding whether the equipment, manual, and other	2363
related materials or arrangements meet the criteria set forth in	2364
sections 3506.07 and 3506.10 of the Revised Code and can be safely	2365
used by the voters at elections under the conditions prescribed in	2366
Title XXXV of the Revised Code, or a written statement of reasons	2367
for which testing requires a longer period. The board may grant	2368
temporary approval for the purpose of allowing experimental use of	2369
equipment. If the board finds that the equipment meets ~~the~~any	2370
applicable criteria set forth in sections 3506.06, 3506.07, and	2371
3506.10 of the Revised Code, can be used safely and, if	2372
applicable, can be depended upon to record and count accurately	2373
and continuously the votes of electors, and has the capacity to be	2374
warranted, maintained, and serviced, it shall approve the	2375
equipment and recommend that the secretary of state certify the	2376
equipment. The secretary of state shall notify all boards of	2377
elections of any such certification. Equipment of the same model	2378
and make, if it ~~provides for recording of voter intent, system~~	2379
~~security, voter privacy, retention of vote, and communication of~~	2380
~~voting records~~operates in an identical manner, may then be	2381
adopted for use at elections.	2382

(E) The vendor shall notify the secretary of state, who shall	2383
then notify the board of voting machine examiners, of any	2384
enhancement and any significant adjustment to the hardware or	2385
software that could result in a patent or copyright change or that	2386
significantly alters the methods of recording voter intent, system	2387
security, voter privacy, retention of the vote, communication of	2388
~~voting~~ records, and connections between the system and other	2389
systems. The vendor shall provide the secretary of state with an	2390
updated operations manual for the equipment, and the secretary of	2391
state shall forward the manual to the board. Upon receiving such a	2392
notification and manual, the board may require the vendor to	2393
submit the equipment to an examination and test in order for the	2394
equipment to remain certified. The board or the secretary of state	2395
shall periodically examine, test, and inspect certified equipment	2396
to determine continued compliance with the requirements of this	2397
chapter and the initial certification. Any examination, test, or	2398
inspection conducted for the purpose of continuing certification	2399
of any equipment in which a significant problem has been uncovered	2400
or in which a record of continuing problems exists shall be	2401
performed pursuant to divisions (C) and (D) of this section, in	2402
the same manner as the examination, test, or inspection is	2403
performed for initial approval and certification.	2404

(F) If, at any time after the certification of equipment, the	2405
board of voting machine examiners or the secretary of state is	2406
notified by a board of elections of any significant problem with	2407
the equipment or determines that the equipment fails to meet the	2408
requirements necessary for approval or continued compliance with	2409
the requirements of this chapter, or if the board of voting	2410
machine examiners determines that there are significant	2411
enhancements or adjustments to the hardware or software, or if	2412
notice of such enhancements or adjustments has not been given as	2413
required by division (E) of this section, the secretary of state	2414
shall notify the users and vendors of that equipment that	2415
certification of the equipment may be withdrawn.	2416

(G)(1) The notice given by the secretary of state under	2417
division (F) of this section shall be in writing and shall specify	2418
both of the following:	2419

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

2420

(b) The date on which certification will be withdrawn unless	2421
the vendor takes satisfactory corrective measures or explains why	2422
there are no problems with the equipment or why the enhancements	2423
or adjustments to the equipment are not significant.	2424

(2) A vendor who receives a notice under division (F) of this	2425
section shall, within thirty days after receiving it, submit to	2426
the board of voting machine examiners in writing a description of	2427
the corrective measures taken and the date on which they were	2428
taken, or the explanation required under division (G)(1)(b) of	2429
this section.	2430

(3) Not later than fifteen days after receiving a written	2431
description or explanation under division (G)(2) of this section	2432
from a vendor, the board shall determine whether the corrective	2433
measures taken or the explanation is satisfactory to allow	2434
continued certification of the equipment, and the secretary of	2435
state shall send the vendor a written notice of the board's	2436
determination, specifying the reasons for it. If the board has	2437
determined that the measures taken or the explanation given is	2438
unsatisfactory, the notice shall include the effective date of	2439
withdrawal of the certification. This date may be different from	2440
the date originally specified in division (G)(1)(b) of this	2441
section.	2442

(4) A vendor who receives a notice under division (G)(3) of	2443
this section indicating a decision to withdraw certification may,	2444
within thirty days after receiving it, request in writing that the	2445
board hold a hearing to reconsider its decision. Any interested	2446
party shall be given the opportunity to submit testimony or	2447
documentation in support of or in opposition to the board's	2448
recommendation to withdraw certification. Failure of the vendor to	2449
take appropriate steps as described in division (G)(1)(b) or to	2450
comply with division (G)(2) of this section results in a waiver of	2451
the vendor's rights under division (G)(4) of this section.	2452

(H)(1) The secretary of state, in consultation with the board	2453
of voting machine examiners, shall establish, by rule, guidelines	2454
for the approval, certification, and continued certification of	2455
the voting machines, marking devices, ~~and~~ tabulating equipment,	2456
and electronic pollbooks to be used under Title XXXV of the	2457
Revised Code. The guidelines shall establish procedures requiring	2458
vendors or computer software developers to place in escrow with an	2459
independent escrow agent approved by the secretary of state a copy	2460
of all source code and related documentation, together with	2461
periodic updates as they become known or available. The secretary	2462
of state shall require that the documentation include a system	2463
configuration and that the source code include all relevant	2464
program statements in low- or high-level languages. As used in	2465
this division, "source code" does not include variable codes	2466
created for specific elections.	2467

(2) Nothing in any rule adopted under division (H) of this	2468
section shall be construed to limit the ability of the secretary	2469
of state to follow or adopt, or to preclude the secretary of state	2470
from following or adopting, any guidelines proposed by the federal	2471
election commission, any entity authorized by the federal election	2472
commission to propose guidelines, the election assistance	2473
commission, or any entity authorized by the election assistance	2474
commission to propose guidelines.	2475

(3)(a) Before the initial certification of any direct	2476
recording electronic voting machine with a voter verified paper	2477
audit trail, and as a condition for the continued certification	2478
and use of those machines, the secretary of state shall establish,	2479
by rule, standards for the certification of those machines. Those	2480
standards shall include, but are not limited to, all of the	2481
following:	2482

(i) A definition of a voter verified paper audit trail as a	2483
paper record of the voter's choices that is verified by the voter	2484
prior to the casting of the voter's ballot and that is securely	2485
retained by the board of elections;	2486

(ii) Requirements that the voter verified paper audit trail	2487
shall not be retained by any voter and shall not contain	2488
individual voter information;	2489

(iii) A prohibition against the production by any direct	2490
recording electronic voting machine of anything that legally could	2491
be removed by the voter from the polling place, such as a receipt	2492
or voter confirmation;	2493

(iv) A requirement that paper used in producing a voter	2494
verified paper audit trail be sturdy, clean, and resistant to	2495
degradation;	2496

(v) A requirement that the voter verified paper audit trail	2497
shall be capable of being optically scanned for the purpose of	2498
conducting a recount or other audit of the voting machine and	2499
shall be readable in a manner that makes the voter's ballot	2500
choices obvious to the voter without the use of computer or	2501
electronic codes;	2502

(vi) A requirement, for office-type ballots, that the voter	2503
verified paper audit trail include the name of each candidate	2504
selected by the voter;	2505

(vii) A requirement, for questions and issues ballots, that	2506
the voter verified paper audit trail include the title of the	2507
question or issue, the name of the entity that placed the question	2508
or issue on the ballot, and the voter's ballot selection on that	2509
question or issue, but not the entire text of the question or	2510
issue.	2511

(b) The secretary of state, by rule adopted under Chapter	2512
119. of the Revised Code, may waive the requirement under division	2513
(H)(3)(a)(v) of this section, if the secretary of state determines	2514
that the requirement is cost prohibitive.	2515

(4)(a) Except as otherwise provided in division (H)(4)(c) of	2516
this section, any voting machine, marking device, or automatic	2517
tabulating equipment initially certified or acquired on or after	2518
December 1, 2008, shall have the most recent federal certification	2519
number issued by the election assistance commission.	2520

(b) Any voting machine, marking device, or automatic	2521
tabulating equipment certified for use in this state on September	2522
12, 2008, shall meet, as a condition of continued certification	2523
and use, the voting system standards adopted by the federal	2524
election commission in 2002.	2525

(c) A county that acquires additional voting machines,	2526
marking devices, or automatic tabulating equipment on or after	2527
December 1, 2008, shall not be considered to have acquired those	2528
machines, devices, or equipment on or after December 1, 2008, for	2529
the purpose of division (H)(4)(a) of this section if all of the	2530
following apply:	2531

(i) The voting machines, marking devices, or automatic	2532
tabulating equipment acquired are the same as the machines,	2533
devices, or equipment currently used in that county.	2534

(ii) The acquisition of the voting machines, marking devices,	2535
or automatic tabulating equipment does not replace or change the	2536
primary voting system used in that county.	2537

(iii) The acquisition of the voting machines, marking	2538
devices, or automatic tabulating equipment is for the purpose of	2539
replacing inoperable machines, devices, or equipment or for the	2540
purpose providing additional machines, devices, or equipment	2541
required to meet the allocation requirements established pursuant	2542
to division (I) of section 3501.11 of the Revised Code.	2543

Sec. 3506.12. In counties where marking devices, automatic	2544
tabulating equipment, voting machines, or any combination of these	2545
are in use or are to be used, the board of elections:	2546

(A) May combine, rearrange, and enlarge precincts; but the	2547
board shall arrange for a sufficient number of these devices to	2548
accommodate the number of electors in each precinct as determined	2549
by the number of votes cast in that precinct at the most recent	2550
election for the office of governor, taking into consideration the	2551
size and location of each selected polling place, available	2552
parking, handicap accessibility and other accessibility to the	2553
polling place, and the number of candidates and issues to be voted	2554
on. Notwithstanding section 3501.22 of the Revised Code, the board	2555
may appoint more than four precinct officers to each precinct if	2556
this is made necessary by the number of voting machines to be used	2557
in that precinct.	2558

(B) Except as otherwise provided in this division, shall	2559
establish one or more counting stations to receive voted ballots	2560
and other precinct election supplies after the polling precincts	2561
are closed. Those stations shall be under the supervision and	2562
direction of the board of elections. Processing and counting of	2563
voted ballots, and the preparation of summary sheets, shall be	2564
done in the presence of observers approved by the board. A	2565
certified copy of the summary sheet for the precinct shall be	2566
posted at each counting station immediately after completion of	2567
the summary sheet.	2568

~~In counties where punch card ballots are used, one or more~~	2569
~~counting stations, located at the board of elections, shall be~~	2570
~~established, at which location all punch card ballots shall be~~	2571
~~counted.~~	2572

~~As used in this division, "punch card ballot" has the same~~	2573
~~meaning as in section 3506.16 of the Revised Code.~~	2574

Sec. 3506.15. The secretary of state shall provide each	2575
board of elections with rules, instructions, directives, and	2576
advisories regarding the examination, testing, and use of the	2577
voting machine and tabulating equipment, the assignment of duties	2578
of booth officials, the procedure for casting a vote on the	2579
machine, and how the vote shall be tallied and reported to the	2580
board, and with other rules, instructions, directives, and	2581
advisories the secretary of state finds necessary to ensure the	2582
adequate care and custody of voting equipment, and the accurate	2583
registering, counting, and canvassing of the votes as required by	2584
this chapter. The boards of elections shall be charged with the	2585
responsibility of providing for the adequate instruction of voters	2586
and election officials in the proper use of the voting machine and	2587
marking devices. ~~The boards' instructions shall include, in~~	2588
~~counties where punch card ballots are used, instructions that each~~	2589
~~voter shall examine the voter's marked ballot card and remove any~~	2590
~~chads that remain partially attached to it before returning it to~~	2591
~~election officials.~~	2592

The secretary of state's rules, instructions, directives, and	2593
advisories provided under this section shall comply, insofar as	2594
practicable, with this chapter. The provisions of Title XXXV of	2595
the Revised Code, not inconsistent with the provisions relating to	2596
voting machines, apply in any county using a voting machine.	2597

~~As used in this section, "chad" and "punch card ballot" have~~	2598
~~the same meanings as in section 3506.16 of the Revised Code.~~	2599

Sec. 3509.01. (A) The board of elections of each county shall	2600
provide absent voter's ballots for use at every primary and	2601
general election, or special election to be held on the day	2602
specified by division (E) of section 3501.01 of the Revised Code	2603
for the holding of a primary election, designated by the general	2604
assembly for the purpose of submitting constitutional amendments	2605
proposed by the general assembly to the voters of the state. Those	2606
ballots shall be the same size, shall be printed on the same kind	2607
of paper, and shall be in the same form as has been approved for	2608
use at the election for which those ballots are to be voted;	2609
except that, in counties using marking devices, ballot cards may	2610
be used for absent voter's ballots, and those absent voters shall	2611
be instructed to record the vote in the manner provided on the	2612
ballot cards. ~~In counties where punch card ballots are used, those~~	2613
~~absent voters shall be instructed to examine their marked ballot~~	2614
~~cards and to remove any chads that remain partially attached to~~	2615
~~them before returning them to election officials.~~	2616

(B) The rotation of names of candidates and questions and	2617
issues shall be substantially complied with on absent voter's	2618
ballots, within the limitation of time allotted. Those ballots	2619
shall be designated as "Absent Voter's Ballots." Except as	2620
otherwise provided in division (D) of this section, those ballots	2621
shall be printed and ready for use as follows:	2622

(1) For overseas voters and absent uniformed services voters	2623
eligible to vote under the Uniformed and Overseas Citizens	2624
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	2625
1973ff, et seq., as amended, ballots shall be printed and ready	2626
for use on the forty-fifth day before the day of the election.	2627

(2) For all other voters who are applying to vote absent	2628
voter's ballots, ballots shall be printed and ready for use on the	2629
thirty-fifth day before the day of the election.	2630

(C) Absent voter's ballots provided for use at a general or	2631
primary election, or special election to be held on the day	2632
specified by division (E) of section 3501.01 of the Revised Code	2633
for the holding of a primary election, designated by the general	2634
assembly for the purpose of submitting constitutional amendments	2635
proposed by the general assembly to the voters of the state, shall	2636
include only those questions, issues, and candidacies that have	2637
been lawfully ordered submitted to the electors voting at that	2638
election.	2639

(D) If the laws governing the holding of a special election	2640
on a day other than the day on which a primary or general election	2641
is held make it impossible for absent voter's ballots to be	2642
printed and ready for use by the deadlines established in division	2643
(B) of this section, absent voter's ballots for those special	2644
elections shall be ready for use as many days before the day of	2645
the election as reasonably possible under the laws governing the	2646
holding of that special election.	2647

(E) A copy of the absent voter's ballots shall be forwarded	2648
by the director of the board in each county to the secretary of	2649
state at least twenty-five days before the election.	2650

~~(F) As used in this section, "chad" and "punch card ballot"~~	2651
~~have the same meanings as in section 3506.16 of the Revised Code.~~	2652

Sec. 3509.06. (A) The board of elections shall determine	2653
whether absent voter's ballots shall be counted in each precinct,	2654
at the office of the board, or at some other location designated	2655
by the board, and shall proceed accordingly under division (B) or	2656
(C) of this section.	2657

(B) When the board of elections determines that absent	2658
voter's ballots shall be counted in each precinct, the director	2659
shall deliver to the ~~presiding judge~~voting location manager of	2660
each precinct on election day identification envelopes purporting	2661
to contain absent voter's ballots of electors whose voting	2662
residence appears from the statement of voter on the outside of	2663
each of those envelopes, to be located in ~~such presiding judge's~~	2664
that manager's precinct, and which were received by the director	2665
not later than the close of the polls on election day. The	2666
director shall deliver to ~~such presiding judge~~the voting location	2667
manager a list containing the name and voting residence of each	2668
person whose voting residence is in such precinct to whom absent	2669
voter's ballots were mailed.	2670

(C) When the board of elections determines that absent	2671
voter's ballots shall be counted at the office of the board of	2672
elections or at another location designated by the board, special	2673
election ~~judges~~officials shall be appointed by the board for that	2674
purpose having the same authority as is exercised by precinct	2675
~~judges~~election officials. The votes so cast shall be added to the	2676
vote totals by the board, and the absent voter's ballots shall be	2677
preserved separately by the board, in the same manner and for the	2678
same length of time as provided by section 3505.31 of the Revised	2679
Code.	2680

(D) Each of the identification envelopes purporting to	2681
contain absent voter's ballots delivered to the ~~presiding judge~~	2682
voting location manager of the precinct or the special ~~judge~~	2683
election official appointed by the board of elections shall be	2684
handled as follows: The election officials shall compare the	2685
signature of the elector on the outside of the identification	2686
envelope with the signature of that elector on the elector's	2687
registration form and verify that the absent voter's ballot is	2688
eligible to be counted under section 3509.07 of the Revised Code.	2689
Any of the precinct officials may challenge the right of the	2690
elector named on the identification envelope to vote the absent	2691
voter's ballots upon the ground that the signature on the envelope	2692
is not the same as the signature on the registration form, or upon	2693
any other of the grounds upon which the right of persons to vote	2694
may be lawfully challenged. If no such challenge is made, or if	2695
such a challenge is made and not sustained, the ~~presiding judge~~	2696
voting location manager shall open the envelope without defacing	2697
the statement of voter and without mutilating the ballots in it,	2698
and shall remove the ballots contained in it and proceed to count	2699
them.	2700

The name of each person voting who is entitled to vote only	2701
an absent voter's presidential ballot shall be entered in a	2702
pollbook or poll list or signature pollbook followed by the words	2703
"Absentee Presidential Ballot." The name of each person voting an	2704
absent voter's ballot, other than such persons entitled to vote	2705
only a presidential ballot, shall be entered in the pollbook or	2706
poll list or signature pollbook and the person's registration card	2707
marked to indicate that the person has voted.	2708

The date of such election shall also be entered on the	2709
elector's registration form. If any such challenge is made and	2710
sustained, the identification envelope of such elector shall not	2711
be opened, shall be endorsed "Not Counted" with the reasons the	2712
ballots were not counted, and shall be delivered to the board.	2713

(E) Special election ~~judges~~officials, employees or members	2714
of the board of elections, or observers shall not disclose the	2715
count or any portion of the count of absent voter's ballots prior	2716
to the time of the closing of the polling places. No person shall	2717
recklessly disclose the count or any portion of the count of	2718
absent voter's ballots in such a manner as to jeopardize the	2719
secrecy of any individual ballot.	2720

(F) Observers may be appointed under section 3505.21 of the	2721
Revised Code to witness the examination and opening of	2722
identification envelopes and the counting of absent voters'	2723
ballots under this section.	2724

Sec. 3513.131. In the event two or more persons with	2725
identical surnames run for the same office in a primary election	2726
on the same ballot, the names of the candidates shall be	2727
differentiated on the ballot by varying combinations of first and	2728
middle names and initials. Within twenty-four hours after the	2729
final date for filing declarations of candidacy or petitions for	2730
candidacy, the director of the board of elections for local,	2731
municipal, county, general, or special elections, or the director	2732
of the board of elections of the most populous county for	2733
district, general, or special elections, or the secretary of state	2734
for state-wide general and special elections shall notify the	2735
persons with identical given names and surnames that the names of	2736
such persons will be differentiated on the ballot. If one of the	2737
candidates is an incumbent who is a candidate to succeed ~~himself~~	2738
self for the office hethe incumbent occupies, hethe incumbent	2739
shall have first choice of the name by which hethe incumbent is	2740
designated on the ballot. If an incumbent does not make a choice	2741
within two days after notification or if none of the candidates is	2742
an incumbent, the board of elections within three days after	2743
notification shall designate the names by which the candidates are	2744
identified on the ballot. In case of a district candidate the	2745
board of elections in the most populous county shall make the	2746
determination. In case of state-wide candidates, or in the case	2747
any board of elections fails to make a designation within three	2748
days after notification, the secretary of state shall immediately	2749
make the determination.	2750

"Notification" as required by this section shall be by the	2751
director of the board of elections or secretary of state by	2752
~~special delivery or telegram~~certified mail at the candidate's	2753
address listed in ~~his~~the candidate's declaration or petition of	2754
candidacy.	2755

Sec. 3513.18. Party primaries shall be held at the same	2756
place and time, but there shall be separate pollbooks,and tally	2757
sheets~~, and ballot boxes~~ provided at each polling place for each	2758
party participating in the election~~, and the ballot of each voter~~	2759
~~shall be placed in the ballot box of the party with which he is~~	2760
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	2761
~~of the political party whose ballots are to be placed therein, by~~	2762
~~letters pasted or printed thereon or by a card attached thereto,~~	2763
~~or both, and so placed that the designation may be easily seen and~~	2764
~~read by the voter.~~	2765

If a special election on a question or issue is held on the	2766
day of a primary election, there shall be provided in the	2767
pollbooks pages on which shall be recorded the names of all	2768
electors voting on said question or issue and not voting in such	2769
primary. It shall not be necessary for electors desiring to vote	2770
only on the question or issue to declare their political	2771
affiliation.	2772

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	2773
precinct election official, whenever any ~~judge of elections~~such	2774
official doubts that a person attempting to vote at a primary	2775
election is legally entitled to vote at that election, to	2776
challenge the right of that person to vote. The right of a person	2777
to vote at a primary election may be challenged upon the following	2778
grounds:	2779

(1) That the person whose right to vote is challenged is not	2780
a legally qualified elector;	2781

(2) That the person has received or has been promised some	2782
valuable reward or consideration for the person's vote;	2783

(3) That the person is not affiliated with or is not a member	2784
of the political party whose ballot the person desires to vote.	2785
Such party affiliation shall be determined by examining the	2786
elector's voting record for the current year and the immediately	2787
preceding two calendar years as shown on the voter's registration	2788
card, using the standards of affiliation specified in the seventh	2789
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	2790
of this section and the seventh paragraph of section 3513.05 of	2791
the Revised Code do not prohibit a person who holds an elective	2792
office for which candidates are nominated at a party primary	2793
election from doing any of the following:	2794

(a) If the person voted as a member of a different political	2795
party at any primary election within the current year and the	2796
immediately preceding two calendar years, being a candidate for	2797
nomination at a party primary held during the times specified in	2798
division (C)(2) of section 3513.191 of the Revised Code provided	2799
that the person complies with the requirements of that section;	2800

(b) Circulating the person's own petition of candidacy for	2801
party nomination in the primary election.	2802

(B) When the right of a person to vote is challenged upon the	2803
ground set forth in division (A)(3) of this section, membership in	2804
or political affiliation with a political party shall be	2805
determined by the person's statement, made under penalty of	2806
election falsification, that the person desires to be affiliated	2807
with and supports the principles of the political party whose	2808
primary ballot the person desires to vote.	2809

Sec. 3513.21. At the close of the polls in a primary	2810
election, the ~~judges of~~precinct election officials shall proceed	2811
without delay to canvass the vote, sign and seal it, and make	2812
returns thereof to the board of elections forthwith on the forms	2813
to be provided by the board. The provisions of Title XXXV of the	2814
Revised Code relating to the accounting for and return of all	2815
ballots at general elections apply to primary ballots.	2816

If there is any disagreement as to how a ballot should be	2817
counted it shall be submitted to all of the ~~judges~~precinct	2818
election officials. If three of the ~~judges~~precinct election	2819
officials do not agree as to how any part of the ballot shall be	2820
counted, that part of such ballot which three of the ~~judges~~	2821
officials do agree shall be counted and a notation made upon the	2822
ballot indicating what part has not been counted, and shall be	2823
placed in an envelope provided for that purpose, marked "Disputed	2824
Ballots" and returned to the board.	2825

The board shall, on the day when the vote is canvassed, open	2826
such sealed envelopes, determine what ballots and for whom they	2827
should be counted, and proceed to count and tally the votes on	2828
such ballots.	2829

Sec. 3515.04. At the time and place fixed for making a	2830
recount, the board of elections, in the presence of all observers	2831
who may be in attendance, shall open the sealed containers	2832
containing the ballots to be recounted, and shall recount them. If	2833
~~a county used punch card ballots and if a chad is attached to a~~	2834
~~punch card ballot by three or four corners, the voter shall be~~	2835
~~deemed by the board not to have recorded a candidate, question, or~~	2836
~~issue choice at the particular position on the ballot, and a vote~~	2837
~~shall not be counted at that particular position on the ballot in~~	2838
~~the recount.~~ Ballots shall be handled only by the members of the	2839
board or by the director or other employees of the board.	2840
Observers shall be permitted to see the ballots, but they shall	2841
not be permitted to touch them, and the board shall not permit the	2842
counting or tabulation of votes shown on the ballots for any	2843
nomination, or for election to any office or position, or upon any	2844
question or issue, other than the votes shown on such ballots for	2845
the nomination, election, question, or issue concerning which a	2846
recount of ballots was applied for.	2847

At any time before the ballots from all of the precincts	2848
listed in an application for the recount or involved in a recount	2849
pursuant to section 3515.011 of the Revised Code have been	2850
recounted, the applicant or declared losing candidate or nominee	2851
or each of the declared losing candidates or nominees entitled to	2852
file a request prior to the commencement of a recount, as provided	2853
in section 3515.03 of the Revised Code, may file with the board a	2854
written request to stop the recount and not recount the ballots	2855
from the precincts so listed that have not been recounted prior to	2856
the time of the request. If, upon the request, the board finds	2857
that results of the votes in the precincts recounted, if	2858
substituted for the results of the votes in those precincts as	2859
shown in the abstract of the votes in those precincts, would not	2860
cause the applicant, if a person for whom votes were cast for	2861
nomination or election, to be declared nominated or elected or if	2862
an election upon a question or issue would not cause a result	2863
contrary to the result as declared prior to such recount, it shall	2864
grant the request and shall not recount the ballots of the	2865
precincts listed in the application for recount that have not been	2866
recounted prior to that time. If the board finds otherwise, it	2867
shall deny the request and shall continue to recount ballots until	2868
the ballots from all of the precincts listed in the application	2869
for recount have been recounted; provided that, if the request is	2870
denied, it may be renewed from time to time. Upon any such	2871
renewal, the board shall consider and act upon the request in the	2872
same manner as provided in this section in connection with an	2873
original request.	2874

~~As used in this section, "chad" and "punch card ballot" have~~	2875
~~the same meanings as in section 3506.16 of the Revised Code.~~	2876

Sec. 3517.106. (A) As used in this section:

2877

(1) "Statewide office" means any of the offices of governor,	2878
lieutenant governor, secretary of state, auditor of state,	2879
treasurer of state, attorney general, chief justice of the supreme	2880
court, and justice of the supreme court.	2881

(2) "Addendum to a statement" includes an amendment or other	2882
correction to that statement.	2883

(B)(1) The secretary of state shall store on computer the	2884
information contained in statements of contributions and	2885
expenditures and monthly statements required to be filed under	2886
section 3517.10 of the Revised Code and in statements of	2887
independent expenditures required to be filed under section	2888
3517.105 of the Revised Code by any of the following:	2889

(a) The campaign committees of candidates for statewide	2890
office;	2891

(b) The political action committees and political	2892
contributing entities described in division (A)(1) of section	2893
3517.11 of the Revised Code;	2894

2895

(d) State political parties;

2896

(e) Individuals, partnerships, corporations, labor	2897
organizations, or other entities that make independent	2898
expenditures in support of or opposition to a statewide candidate	2899
or a statewide ballot issue or question;	2900

(f) The campaign committees of candidates for the office of	2901
member of the general assembly;	2902

(g) County political parties, with respect to their state	2903
candidate funds.	2904

(2) The secretary of state shall store on computer the	2905
information contained in disclosure of electioneering	2906
communications statements required to be filed under section	2907
3517.1011 of the Revised Code.	2908

(3) The secretary of state shall store on computer the	2909
information contained in deposit and disbursement statements	2910
required to be filed with the office of the secretary of state	2911
under section 3517.1012 of the Revised Code.	2912

(4) The secretary of state shall store on computer the gift	2913
and disbursement information contained in statements required to	2914
be filed with the office of the secretary of state under section	2915
3517.1013 of the Revised Code.	2916

(5) The secretary of state shall store on computer the	2917
information contained in donation and disbursement statements	2918
required to be filed with the office of the secretary of state	2919
under section 3517.1014 of the Revised Code.	2920

(C)(1) The secretary of state shall make available to the	2921
campaign committees, political action committees, political	2922
contributing entities, legislative campaign funds, political	2923
parties, individuals, partnerships, corporations, labor	2924
organizations, treasurers of transition funds, and other entities	2925
described in division (B) of this section, and to members of the	2926
news media and other interested persons, for a reasonable fee,	2927
computer programs that are compatible with the secretary of	2928
state's method of storing the information contained in the	2929
statements.	2930

(2) The secretary of state shall make the information	2931
required to be stored under division (B) of this section available	2932
on computer at the secretary of state's office so that, to the	2933
maximum extent feasible, individuals may obtain at the secretary	2934
of state's office any part or all of that information for any	2935
given year, subject to the limitation expressed in division (D) of	2936
this section.	2937

(D) The secretary of state shall keep the information stored	2938
on computer under division (B) of this section for at least six	2939
years.	2940

(E)(1) Subject to division (L) of this section and subject to	2941
the secretary of state having implemented, tested, and verified	2942
the successful operation of any system the secretary of state	2943
prescribes pursuant to division (H)(1) of this section and	2944
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2945
Code for the filing of campaign finance statements by electronic	2946
means of transmission, the campaign committee of each candidate	2947
for statewide office may file the statements prescribed by section	2948
3517.10 of the Revised Code by electronic means of transmission	2949
or, if the total amount of the contributions received or the total	2950
amount of the expenditures made by the campaign committee for the	2951
applicable reporting period as specified in division (A) of	2952
section 3517.10 of the Revised Code exceeds ten thousand dollars,	2953
shall file those statements by electronic means of transmission.	2954

Except as otherwise provided in this division, within five	2955
business days after a statement filed by a campaign committee of a	2956
candidate for statewide office is received by the secretary of	2957
state by electronic or other means of transmission, the secretary	2958
of state shall make available online to the public through the	2959
internet, as provided in division (I) of this section, the	2960
contribution and expenditure information in that statement. The	2961
secretary of state shall not make available online to the public	2962
through the internet any contribution or expenditure information	2963
contained in a statement for any candidate until the secretary of	2964
state is able to make available online to the public through the	2965
internet the contribution and expenditure information for all	2966
candidates for a particular office, or until the applicable filing	2967
deadline for that statement has passed, whichever is sooner. As	2968
soon as the secretary of state has available all of the	2969
contribution and expenditure information for all candidates for a	2970
particular office, or as soon as the applicable filing deadline	2971
for a statement has passed, whichever is sooner, the secretary of	2972
state shall simultaneously make available online to the public	2973
through the internet the information for all candidates for that	2974
office.	2975

If a statement filed by electronic means of transmission is	2976
found to be incomplete or inaccurate after the examination of the	2977
statement for completeness and accuracy pursuant to division	2978
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	2979
committee shall file by electronic means of transmission any	2980
addendum to the statement that provides the information necessary	2981
to complete or correct the statement or, if required by the	2982
secretary of state under that division, an amended statement.	2983

Within five business days after the secretary of state	2984
receives from a campaign committee of a candidate for statewide	2985
office an addendum to the statement or an amended statement by	2986
electronic or other means of transmission under this division or	2987
division (B)(3)(a) of section 3517.11 of the Revised Code, the	2988
secretary of state shall make the contribution and expenditure	2989
information in the addendum or amended statement available online	2990
to the public through the internet as provided in division (I) of	2991
this section.	2992

(2) Subject to the secretary of state having implemented,	2993
tested, and verified the successful operation of any system the	2994
secretary of state prescribes pursuant to division (H)(1) of this	2995
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2996
the Revised Code for the filing of campaign finance statements by	2997
electronic means of transmission, a political action committee and	2998
a political contributing entity described in division (B)(1)(b) of	2999
this section, a legislative campaign fund, and a state political	3000
party may file the statements prescribed by section 3517.10 of the	3001
Revised Code by electronic means of transmission or, if the total	3002
amount of the contributions received or the total amount of the	3003
expenditures made by the political action committee, political	3004
contributing entity, legislative campaign fund, or state political	3005
party for the applicable reporting period as specified in division	3006
(A) of section 3517.10 of the Revised Code exceeds ten thousand	3007
dollars, shall file those statements by electronic means of	3008
transmission.	3009

Within five business days after a statement filed by a	3010
political action committee or a political contributing entity	3011
described in division (B)(1)(b) of this section, a legislative	3012
campaign fund, or a state political party is received by the	3013
secretary of state by electronic or other means of transmission,	3014
the secretary of state shall make available online to the public	3015
through the internet, as provided in division (I) of this section,	3016
the contribution and expenditure information in that statement.	3017

If a statement filed by electronic means of transmission is	3018
found to be incomplete or inaccurate after the examination of the	3019
statement for completeness and accuracy pursuant to division	3020
(B)(3)(a) of section 3517.11 of the Revised Code, the political	3021
action committee, political contributing entity, legislative	3022
campaign fund, or state political party shall file by electronic	3023
means of transmission any addendum to the statement that provides	3024
the information necessary to complete or correct the statement or,	3025
if required by the secretary of state under that division, an	3026
amended statement.	3027

Within five business days after the secretary of state	3028
receives from a political action committee or a political	3029
contributing entity described in division (B)(1)(b) of this	3030
section, a legislative campaign fund, or a state political party	3031
an addendum to the statement or an amended statement by electronic	3032
or other means of transmission under this division or division	3033
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3034
state shall make the contribution and expenditure information in	3035
the addendum or amended statement available online to the public	3036
through the internet as provided in division (I) of this section.	3037

(3) Subject to the secretary of state having implemented,	3038
tested, and verified the successful operation of any system the	3039
secretary of state prescribes pursuant to division (H)(1) of this	3040
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3041
the Revised Code for the filing of campaign finance statements by	3042
electronic means of transmission, a county political party shall	3043
file the statements prescribed by section 3517.10 of the Revised	3044
Code with respect to its state candidate fund by electronic means	3045
of transmission to the office of the secretary of state.	3046

Within five business days after a statement filed by a county	3047
political party with respect to its state candidate fund is	3048
received by the secretary of state by electronic means of	3049
transmission, the secretary of state shall make available online	3050
to the public through the internet, as provided in division (I) of	3051
this section, the contribution and expenditure information in that	3052
statement.	3053

If a statement is found to be incomplete or inaccurate after	3054
the examination of the statement for completeness and accuracy	3055
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	3056
Code, a county political party shall file by electronic means of	3057
transmission any addendum to the statement that provides the	3058
information necessary to complete or correct the statement or, if	3059
required by the secretary of state under that division, an amended	3060
statement.	3061

Within five business days after the secretary of state	3062
receives from a county political party an addendum to the	3063
statement or an amended statement by electronic means of	3064
transmission under this division or division (B)(3)(a) of section	3065
3517.11 of the Revised Code, the secretary of state shall make the	3066
contribution and expenditure information in the addendum or	3067
amended statement available online to the public through the	3068
internet as provided in division (I) of this section.	3069

(F)(1) Subject to division (L) of this section and subject to	3070
the secretary of state having implemented, tested, and verified	3071
the successful operation of any system the secretary of state	3072
prescribes pursuant to division (H)(1) of this section and	3073
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3074
Code for the filing of campaign finance statements by electronic	3075
means of transmission, a campaign committee of a candidate for the	3076
office of member of the general assembly or a campaign committee	3077
of a candidate for the office of judge of a court of appeals may	3078
file the statements prescribed by section 3517.10 of the Revised	3079
Code in accordance with division (A)(2) of section 3517.11 of the	3080
Revised Code or by electronic means of transmission to the office	3081
of the secretary of state or, if the total amount of the	3082
contributions received by the campaign committee for the	3083
applicable reporting period as specified in division (A) of	3084
section 3517.10 of the Revised Code exceeds ten thousand dollars,	3085
shall file those statements by electronic means of transmission to	3086
the office of the secretary of state.	3087

Except as otherwise provided in this division, within five	3088
business days after a statement filed by a campaign committee of a	3089
candidate for the office of member of the general assembly or a	3090
campaign committee of a candidate for the office of judge of a	3091
court of appeals is received by the secretary of state by	3092
electronic or other means of transmission, the secretary of state	3093
shall make available online to the public through the internet, as	3094
provided in division (I) of this section, the contribution and	3095
expenditure information in that statement. The secretary of state	3096
shall not make available online to the public through the internet	3097
any contribution or expenditure information contained in a	3098
statement for any candidate until the secretary of state is able	3099
to make available online to the public through the internet the	3100
contribution and expenditure information for all candidates for a	3101
particular office, or until the applicable filing deadline for	3102
that statement has passed, whichever is sooner. As soon as the	3103
secretary of state has available all of the contribution and	3104
expenditure information for all candidates for a particular	3105
office, or as soon as the applicable filing deadline for a	3106
statement has passed, whichever is sooner, the secretary of state	3107
shall simultaneously make available online to the public through	3108
the internet the information for all candidates for that office.	3109

If a statement filed by electronic means of transmission is	3110
found to be incomplete or inaccurate after the examination of the	3111
statement for completeness and accuracy pursuant to division	3112
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3113
committee shall file by electronic means of transmission to the	3114
office of the secretary of state any addendum to the statement	3115
that provides the information necessary to complete or correct the	3116
statement or, if required by the secretary of state under that	3117
division, an amended statement.	3118

Within five business days after the secretary of state	3119
receives from a campaign committee of a candidate for the office	3120
of member of the general assembly or a campaign committee of a	3121
candidate for the office of judge of a court of appeals an	3122
addendum to the statement or an amended statement by electronic or	3123
other means of transmission under this division or division	3124
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3125
state shall make the contribution and expenditure information in	3126
the addendum or amended statement available online to the public	3127
through the internet as provided in division (I) of this section.	3128

(2) If a statement, addendum, or amended statement is not	3129
filed by electronic means of transmission to the office of the	3130
secretary of state but is filed by printed version only under	3131
division (A)(2) of section 3517.11 of the Revised Code with the	3132
appropriate board of elections, the campaign committee of a	3133
candidate for the office of member of the general assembly or a	3134
campaign committee of a candidate for the office of judge of a	3135
court of appeals shall file two copies of the printed version of	3136
the statement, addendum, or amended statement with the board of	3137
elections. The board of elections shall send one of those copies	3138
by certified mail or an electronic copy to the secretary of state	3139
before the close of business on the day the board of elections	3140
receives the statement, addendum, or amended statement.	3141

(G) Subject to the secretary of state having implemented,	3142
tested, and verified the successful operation of any system the	3143
secretary of state prescribes pursuant to division (H)(1) of this	3144
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3145
the Revised Code for the filing of campaign finance statements by	3146
electronic means of transmission, any individual, partnership, or	3147
other entity that makes independent expenditures in support of or	3148
opposition to a statewide candidate or a statewide ballot issue or	3149
question as provided in division (B)(2)(b) or (C)(2)(b) of section	3150
3517.105 of the Revised Code may file the statement specified in	3151
that division by electronic means of transmission or, if the total	3152
amount of independent expenditures made during the reporting	3153
period under that division exceeds ten thousand dollars, shall	3154
file the statement specified in that division by electronic means	3155
of transmission.	3156

Within five business days after a statement filed by an	3157
individual, partnership, or other entity is received by the	3158
secretary of state by electronic or other means of transmission,	3159
the secretary of state shall make available online to the public	3160
through the internet, as provided in division (I) of this section,	3161
the expenditure information in that statement.	3162

If a statement filed by electronic means of transmission is	3163
found to be incomplete or inaccurate after the examination of the	3164
statement for completeness and accuracy pursuant to division	3165
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	3166
partnership, or other entity shall file by electronic means of	3167
transmission any addendum to the statement that provides the	3168
information necessary to complete or correct the statement or, if	3169
required by the secretary of state under that division, an amended	3170
statement.	3171

Within five business days after the secretary of state	3172
receives from an individual, partnership, or other entity	3173
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	3174
of the Revised Code an addendum to the statement or an amended	3175
statement by electronic or other means of transmission under this	3176
division or division (B)(3)(a) of section 3517.11 of the Revised	3177
Code, the secretary of state shall make the expenditure	3178
information in the addendum or amended statement available online	3179
to the public through the internet as provided in division (I) of	3180
this section.	3181

(H)(1) The secretary of state, by rule adopted pursuant to	3182
section 3517.23 of the Revised Code, shall prescribe one or more	3183
techniques by which a person who executes and transmits by	3184
electronic means a statement of contributions and expenditures, a	3185
statement of independent expenditures, a disclosure of	3186
electioneering communications statement, a deposit and	3187
disbursement statement, a gift and disbursement statement, or a	3188
donation and disbursement statement, an addendum to any of those	3189
statements, an amended statement of contributions and	3190
expenditures, an amended statement of independent expenditures, an	3191
amended disclosure of electioneering communications statement, an	3192
amended deposit and disbursement statement, an amended gift and	3193
disbursement statement, or an amended donation and disbursement	3194
statement, under this section or section 3517.10, 3517.105,	3195
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	3196
shall electronically sign the statement, addendum, or amended	3197
statement. Any technique prescribed by the secretary of state	3198
pursuant to this division shall create an electronic signature	3199
that satisfies all of the following:	3200

(a) It is unique to the signer.

3201

(b) It objectively identifies the signer.

3202

(c) It involves the use of a signature device or other means	3203
or method that is under the sole control of the signer and that	3204
cannot be readily duplicated or compromised.	3205

(d) It is created and linked to the electronic record to	3206
which it relates in a manner that, if the record or signature is	3207
intentionally or unintentionally changed after signing, the	3208
electronic signature is invalidated.	3209

(2) An electronic signature prescribed by the secretary of	3210
state under division (H)(1) of this section shall be attached to	3211
or associated with the statement of contributions and	3212
expenditures, the statement of independent expenditures, the	3213
disclosure of electioneering communications statement, the deposit	3214
and disbursement statement, the gift and disbursement statement,	3215
or the donation and disbursement statement, the addendum to any of	3216
those statements, the amended statement of contributions and	3217
expenditures, the amended statement of independent expenditures,	3218
the amended disclosure of electioneering communications statement,	3219
the amended deposit and disbursement statement, the amended gift	3220
and disbursement statement, or the amended donation and	3221
disbursement statement that is executed and transmitted by	3222
electronic means by the person to whom the electronic signature is	3223
attributed. The electronic signature that is attached to or	3224
associated with the statement, addendum, or amended statement	3225
under this division shall be binding on all persons and for all	3226
purposes under the campaign finance reporting law as if the	3227
signature had been handwritten in ink on a printed form.	3228

(I) The secretary of state shall make the contribution and	3229
expenditure, the contribution and disbursement, the deposit and	3230
disbursement, the gift and disbursement, or the donation and	3231
disbursement information in all statements, all addenda to the	3232
statements, and all amended statements that are filed with the	3233
secretary of state by electronic or other means of transmission	3234
under this section or section 3517.10, 3517.105, 3517.1011,	3235
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	3236
available online to the public by any means that are searchable,	3237
viewable, and accessible through the internet.	3238

(J)(1) As used in this division, "library" means a library	3239
that is open to the public and that is one of the following:	3240

(a) A library that is maintained and regulated under section	3241
715.13 of the Revised Code;	3242

(b) A library that is created, maintained, and regulated	3243
under Chapter 3375. of the Revised Code.	3244

(2) The secretary of state shall notify all libraries of the	3245
location on the internet at which the contribution and	3246
expenditure, contribution and disbursement, deposit and	3247
disbursement, gift and disbursement, or donation and disbursement	3248
information in campaign finance statements required to be made	3249
available online to the public through the internet pursuant to	3250
division (I) of this section may be accessed.	3251

If that location is part of the world wide web and if the	3252
secretary of state has notified a library of that world wide web	3253
location as required by this division, the library shall include a	3254
link to that world wide web location on each internet-connected	3255
computer it maintains that is accessible to the public.	3256

(3) If the system the secretary of state prescribes for the	3257
filing of campaign finance statements by electronic means of	3258
transmission pursuant to division (H)(1) of this section and	3259
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3260
Code includes filing those statements through the internet via the	3261
world wide web, the secretary of state shall notify all libraries	3262
of the world wide web location at which those statements may be	3263
filed.	3264

If those statements may be filed through the internet via the	3265
world wide web and if the secretary of state has notified a	3266
library of that world wide web location as required by this	3267
division, the library shall include a link to that world wide web	3268
location on each internet-connected computer it maintains that is	3269
accessible to the public.	3270

(K) It is an affirmative defense to a complaint or charge	3271
brought against any campaign committee, political action	3272
committee, political contributing entity, legislative campaign	3273
fund, or political party, any individual, partnership, or other	3274
entity, any person making disbursements to pay the direct costs of	3275
producing or airing electioneering communications, or any	3276
treasurer of a transition fund, for the failure to file by	3277
electronic means of transmission a campaign finance statement as	3278
required by this section or section 3517.10, 3517.105, 3517.1011,	3279
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	3280
the following apply to the campaign committee, political action	3281
committee, political contributing entity, legislative campaign	3282
fund, or political party, the individual, partnership, or other	3283
entity, the person making disbursements to pay the direct costs of	3284
producing or airing electioneering communications, or the	3285
treasurer of a transition fund that failed to so file:	3286

(1) The campaign committee, political action committee,	3287
political contributing entity, legislative campaign fund, or	3288
political party, the individual, partnership, or other entity, the	3289
person making disbursements to pay the direct costs of producing	3290
or airing electioneering communications, or the treasurer of a	3291
transition fund attempted to file by electronic means of	3292
transmission the required statement prior to the deadline set	3293
forth in the applicable section.	3294

(2) The campaign committee, political action committee,	3295
political contributing entity, legislative campaign fund, or	3296
political party, the individual, partnership, or other entity, the	3297
person making disbursements to pay the direct costs of producing	3298
or airing electioneering communications, or the treasurer of a	3299
transition fund was unable to file by electronic means of	3300
transmission due to an expected or unexpected shutdown of the	3301
whole or part of the electronic campaign finance statement-filing	3302
system, such as for maintenance or because of hardware, software,	3303
or network connection failure.	3304

(3) The campaign committee, political action committee,	3305
political contributing entity, legislative campaign fund, or	3306
political party, the individual, partnership, or other entity, the	3307
person making disbursements to pay the direct costs of producing	3308
or airing electioneering communications, or the treasurer of a	3309
transition fund filed by electronic means of transmission the	3310
required statement within a reasonable period of time after being	3311
unable to so file it under the circumstance described in division	3312
(K)(2) of this section.	3313

(L)(1) The secretary of state shall adopt rules pursuant to	3314
Chapter 119. of the Revised Code to permit a campaign committee of	3315
a candidate for statewide office that makes expenditures of less	3316
than twenty-five thousand dollars during the filing period or a	3317
campaign committee for the office of member of the general	3318
assembly or the office of judge of a court of appeals that would	3319
otherwise be required to file campaign finance statements by	3320
electronic means of transmission under division (E) or (F) of this	3321
section to file those statements by paper with the office of the	3322
secretary of state. Those rules shall provide for all of the	3323
following:	3324

(a) An eligible campaign committee that wishes to file a	3325
campaign finance statement by paper instead of by electronic means	3326
of transmission shall file the statement on paper with the office	3327
of the secretary of state not sooner than twenty-four hours after	3328
the end of the filing period set forth in section 3517.10 of the	3329
Revised Code that is covered by the applicable statement.	3330

(b) The statement shall be accompanied by a fee, the amount	3331
of which the secretary of state shall determine by rule. The	3332
amount of the fee established under this division shall not exceed	3333
the data entry and data verification costs the secretary of state	3334
will incur to convert the information on the statement to an	3335
electronic format as required under division (I) of this section.	3336

(c) The secretary of state shall arrange for the information	3337
in campaign finance statements filed pursuant to division (L) of	3338
this section to be made available online to the public through the	3339
internet in the same manner, and at the same times, as information	3340
is made available under divisions (E), (F), and (I) of this	3341
section for candidates whose campaign committees file those	3342
statements by electronic means of transmission.	3343

(d) The candidate of an eligible campaign committee that	3344
intends to file a campaign finance statement pursuant to division	3345
(L) of this section shall file a notice indicating that the	3346
candidate's campaign committee intends to so file and stating that	3347
filing the statement by electronic means of transmission would	3348
constitute a hardship for the candidate or for the eligible	3349
campaign committee.	3350

(e) An eligible campaign committee that files a campaign	3351
finance statement on paper pursuant to division (L) of this	3352
section shall review the contribution and information made	3353
available online by the secretary of state with respect to that	3354
paper filing and shall notify the secretary of state of any errors	3355
with respect to that filing that appear in the data made available	3356
on that web site.	3357

(f) If an eligible campaign committee whose candidate has	3358
filed a notice in accordance with rules adopted under division	3359
(L)(1)(d) of this section subsequently fails to file that	3360
statement on paper by the applicable deadline established in rules	3361
adopted under division (L)(1)(a) of this section, penalties for	3362
the late filing of the campaign finance statement shall apply to	3363
that campaign committee for each day after that paper filing	3364
deadline, as if the campaign committee had filed the statement	3365
after the applicable deadline set forth in division (A) of section	3366
3517.10 of the Revised Code.	3367

(2) The process for permitting campaign committees that would	3368
otherwise be required to file campaign finance statements by	3369
electronic means of transmission to file those statements on paper	3370
with the office of the secretary of state that is required to be	3371
developed under division (L)(1) of this section shall be in effect	3372
and available for use by eligible campaign committees for all	3373
campaign finance statements that are required to be filed on or	3374
after June 30, 2005. Notwithstanding any provision of the Revised	3375
Code to the contrary, if the process the secretary of state is	3376
required to develop under division (L)(1) of this section is not	3377
in effect and available for use on and after June 30, 2005, all	3378
penalties for the failure of campaign committees to file campaign	3379
finance statements by electronic means of transmission shall be	3380
suspended until such time as that process is in effect and	3381
available for use.	3382

(3) Notwithstanding any provision of the Revised Code to the	3383
contrary, any eligible campaign committee that files campaign	3384
finance statements on paper with the office of the secretary of	3385
state pursuant to division (L)(1) of this section shall be deemed	3386
to have filed those campaign finance statements by electronic	3387
means of transmission to the office of the secretary of state.	3388

Sec. 3517.11. (A)(1) Campaign committees of candidates for	3389
statewide office or the state board of education, political action	3390
committees or political contributing entities that make	3391
contributions to campaign committees of candidates that are	3392
required to file the statements prescribed by section 3517.10 of	3393
the Revised Code with the secretary of state, political action	3394
committees or political contributing entities that make	3395
contributions to campaign committees of candidates for member of	3396
the general assembly, political action committees or political	3397
contributing entities that make contributions to state and	3398
national political parties and to legislative campaign funds,	3399
political action committees or political contributing entities	3400
that receive contributions or make expenditures in connection with	3401
a statewide ballot issue, political action committees or political	3402
contributing entities that make contributions to other political	3403
action committees or political contributing entities, political	3404
parties, and campaign committees, except as set forth in division	3405
(A)(3) of this section, legislative campaign funds, and state and	3406
national political parties shall file the statements prescribed by	3407
section 3517.10 of the Revised Code with the secretary of state.	3408

(2)(a) Except as otherwise provided in division (F) of	3409
section 3517.106 of the Revised Code, campaign committees of	3410
candidates for all other offices shall file the statements	3411
prescribed by section 3517.10 of the Revised Code with the board	3412
of elections where their candidates are required to file their	3413
petitions or other papers for nomination or election.	3414

(b) A campaign committee of a candidate for office of member	3415
of the general assembly or a campaign committee of a candidate for	3416
the office of judge of a court of appeals shall file two copies of	3417
the printed version of any statement, addendum, or amended	3418
statement if the committee does not file pursuant to division	3419
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	3420
printed version only with the appropriate board of elections. The	3421
board of elections shall send one of those copies by certified	3422
mail or an electronic copy to the secretary of state before the	3423
close of business on the day the board of elections receives the	3424
statement, addendum, or amended statement.	3425

(3) Political action committees or political contributing	3426
entities that only contribute to a county political party,	3427
contribute to campaign committees of candidates whose nomination	3428
or election is to be submitted only to electors within a county,	3429
subdivision, or district, excluding candidates for member of the	3430
general assembly, and receive contributions or make expenditures	3431
in connection with ballot questions or issues to be submitted only	3432
to electors within a county, subdivision, or district shall file	3433
the statements prescribed by section 3517.10 of the Revised Code	3434
with the board of elections in that county or in the county	3435
contained in whole or part within the subdivision or district	3436
having a population greater than that of any other county	3437
contained in whole or part within that subdivision or district, as	3438
the case may be.	3439

(4) Except as otherwise provided in division (E)(3) of	3440
section 3517.106 of the Revised Code with respect to state	3441
candidate funds, county political parties shall file the	3442
statements prescribed by section 3517.10 of the Revised Code with	3443
the board of elections of their respective counties.	3444

(B)(1) The official with whom petitions and other papers for	3445
nomination or election to public office are filed shall furnish	3446
each candidate at the time of that filing a copy of sections	3447
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	3448
3599.031 of the Revised Code and any other materials that the	3449
secretary of state may require. Each candidate receiving the	3450
materials shall acknowledge their receipt in writing.	3451

(2) On or before the tenth day before the dates on which	3452
statements are required to be filed by section 3517.10 of the	3453
Revised Code, every candidate subject to the provisions of this	3454
section and sections 3517.10 and 3517.106 of the Revised Code	3455
shall be notified of the requirements and applicable penalties of	3456
those sections. The secretary of state, by certified mail, return	3457
receipt requested, shall notify all candidates required to file	3458
those statements with the secretary of state's office. The board	3459
of elections of every county shall notify by first class mail any	3460
candidate who has personally appeared at the office of the board	3461
on or before the tenth day before the statements are required to	3462
be filed and signed a form, to be provided by the secretary of	3463
state, attesting that the candidate has been notified of the	3464
candidate's obligations under the campaign finance law. The board	3465
shall forward the completed form to the secretary of state. The	3466
board shall use certified mail, return receipt requested, to	3467
notify all other candidates required to file those statements with	3468
it.	3469

(3)(a) Any statement required to be filed under sections	3470
3517.081 to 3517.17 of the Revised Code that is found to be	3471
incomplete or inaccurate by the officer to whom it is submitted	3472
shall be accepted on a conditional basis, and the person who filed	3473
it shall be notified by certified mail as to the incomplete or	3474
inaccurate nature of the statement. The secretary of state may	3475
examine statements filed for candidates for the office of member	3476
of the general assembly and candidates for the office of judge of	3477
a court of appeals for completeness and accuracy. The secretary of	3478
state shall examine for completeness and accuracy statements that	3479
campaign committees of candidates for the office of member of the	3480
general assembly and campaign committees of candidates for the	3481
office of judge of a court of appeals file pursuant to division	3482
(F) or (L) of section 3517.106 of the Revised Code. If an officer	3483
at the board of elections where a statement filed for a candidate	3484
for the office of member of the general assembly or for a	3485
candidate for the office of judge of a court of appeals was	3486
submitted finds the statement to be incomplete or inaccurate, the	3487
officer shall immediately notify the secretary of state of its	3488
incomplete or inaccurate nature. If either an officer at the board	3489
of elections or the secretary of state finds a statement filed for	3490
a candidate for the office of member of the general assembly or	3491
for a candidate for the office of judge of a court of appeals to	3492
be incomplete or inaccurate, only the secretary of state shall	3493
send the notification as to the incomplete or inaccurate nature of	3494
the statement.	3495

Within twenty-one days after receipt of the notice, in the	3496
case of a pre-election statement, a postelection statement, a	3497
monthly statement, an annual statement, or a semiannual statement	3498
prescribed by section 3517.10, an annual statement prescribed by	3499
section 3517.101, or a statement prescribed by division (B)(2)(b)	3500
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	3501
Revised Code, the recipient shall file an addendum, amendment, or	3502
other correction to the statement providing the information	3503
necessary to complete or correct the statement. The secretary of	3504
state may require that, in lieu of filing an addendum, amendment,	3505
or other correction to a statement that is filed by electronic	3506
means of transmission to the office of the secretary of state	3507
pursuant to section 3517.106 of the Revised Code, the recipient of	3508
the notice described in this division file by electronic means of	3509
transmission an amended statement that incorporates the	3510
information necessary to complete or correct the statement.	3511

The secretary of state shall determine by rule when an	3512
addendum, amendment, or other correction to any of the following	3513
or when an amended statement of any of the following shall be	3514
filed:	3515

(i) A two-business-day statement prescribed by section	3516
3517.10 of the Revised Code;	3517

(ii) A disclosure of electioneering communications statement	3518
prescribed by division (D) of section 3517.1011 of the Revised	3519
Code;	3520

(iii) A deposit and disbursement statement prescribed under	3521
division (B) of section 3517.1012 of the Revised Code;	3522

(iv) A gift and disbursement statement prescribed under	3523
section 3517.1013 of the Revised Code;	3524

(v) A donation and disbursement statement prescribed under	3525
section 3517.1014 of the Revised Code.	3526

An addendum, amendment, or other correction to a statement	3527
that is filed by electronic means of transmission pursuant to	3528
section 3517.106 of the Revised Code shall be filed in the same	3529
manner as the statement.	3530

The provisions of sections 3517.10, 3517.106, 3517.1011,	3531
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	3532
to the filing of statements of contributions and expenditures,	3533
statements of independent expenditures, disclosure of	3534
electioneering communications statements, deposit and disbursement	3535
statements, gift and disbursement statements, and donation and	3536
disbursement statements by electronic means of transmission apply	3537
to the filing of addenda, amendments, or other corrections to	3538
those statements by electronic means of transmission and the	3539
filing of amended statements by electronic means of transmission.	3540

(b) Within five business days after the secretary of state	3541
receives, by electronic or other means of transmission, an	3542
addendum, amendment, or other correction to a statement or an	3543
amended statement under division (B)(3)(a) of this section, the	3544
secretary of state, pursuant to divisions (E), (F), (G), and (I)	3545
of section 3517.106 or division (D) of section 3517.1011 of the	3546
Revised Code, shall make the contribution and expenditure,	3547
contribution and disbursement, deposit and disbursement, gift and	3548
disbursement, or donation and disbursement information in that	3549
addendum, amendment, correction, or amended statement available	3550
online to the public through the internet.	3551

(4)(a) The secretary of state or the board of elections shall	3552
examine all statements for compliance with sections 3517.08 to	3553
3517.17 of the Revised Code.	3554

(b) The secretary of state may contract with an individual or	3555
entity not associated with the secretary of state and experienced	3556
in interpreting the campaign finance law of this state to conduct	3557
examinations of statements filed by any statewide candidate, as	3558
defined in section 3517.103 of the Revised Code.	3559

(c) The examination shall be conducted by a person or entity	3560
qualified to conduct it. The results of the examination shall be	3561
available to the public, and, when the examination is conducted by	3562
an individual or entity not associated with the secretary of	3563
state, the results of the examination shall be reported to the	3564
secretary of state.	3565

(C)(1) In the event of a failure to file or a late filing of	3566
a statement required to be filed under sections 3517.081 to	3567
3517.17 of the Revised Code, or if a filed statement or any	3568
addendum, amendment, or other correction to a statement or any	3569
amended statement, if an addendum, amendment, or other correction	3570
or an amended statement is required to be filed, is incomplete or	3571
inaccurate or appears to disclose a failure to comply with or a	3572
violation of law, the official whose duty it is to examine the	3573
statement shall promptly file a complaint with the Ohio elections	3574
commission under section 3517.153 of the Revised Code if the law	3575
is one over which the commission has jurisdiction to hear	3576
complaints, or the official shall promptly report the failure or	3577
violation to the board of elections and the board shall promptly	3578
report it to the prosecuting attorney in accordance with division	3579
(J) of section 3501.11 of the Revised Code. If the official files	3580
a complaint with the commission, the commission shall proceed in	3581
accordance with sections 3517.154 to 3517.157 of the Revised Code.	3582

(2) For purposes of division (C)(1) of this section, a	3583
statement or an addendum, amendment, or other correction to a	3584
statement or an amended statement required to be filed under	3585
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	3586
inaccurate under this section if the statement, addendum,	3587
amendment, other correction, or amended statement fails to	3588
disclose substantially all contributions, gifts, or donations that	3589
are received or deposits that are made that are required to be	3590
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	3591
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	3592
statement, addendum, amendment, other correction, or amended	3593
statement fails to disclose at least ninety per cent of the total	3594
contributions, gifts, or donations received or deposits made or of	3595
the total expenditures or disbursements made during the reporting	3596
period.	3597

(D) No certificate of nomination or election shall be issued	3598
to a person, and no person elected to an office shall enter upon	3599
the performance of the duties of that office, until that person or	3600
that person's campaign committee, as appropriate, has fully	3601
complied with this section and sections 3517.08, 3517.081,	3602
3517.10, and 3517.13 of the Revised Code.	3603

Sec. 3599.07. No ~~judge of elections~~precinct election	3604
official, observer, or police officer admitted into the polling	3605
rooms at the election, at any time while the polls are open, shall	3606
have in the individual's possession, distribute, or give out any	3607
ballot or ticket to any person on any pretense during the	3608
receiving, counting, or certifying of the votes, or have any	3609
ballot or ticket in the individual's possession or control, except	3610
in the proper discharge of the individual's official duty in	3611
receiving, counting, or canvassing the votes. This section does	3612
not prevent the lawful exercise by a ~~judge of elections~~precinct	3613
election official or observer of the individual right to vote at	3614
such election.	3615

Sec. 3599.17. (A) No elections official serving as a	3616
registrar or ~~judge of elections~~precinct election official shall	3617
do any of the following:	3618

(1) Fail to appear before the board of elections, or its	3619
representative, after notice has been served personally upon the	3620
official or left at the official's usual place of residence, for	3621
examination as to the official's qualifications;	3622

(2) Fail to appear at the polling place to which the official	3623
is assigned at the hour and during the hours set for the	3624
registration or election;	3625

(3) Fail to take the oath prescribed by section 3501.31 of	3626
the Revised Code, unless excused by such board;	3627

(4) Refuse or sanction the refusal of another registrar or	3628
~~judge of elections~~precinct election official to administer an	3629
oath required by law;	3630

(5) Fail to send notice to the board of the appointment of a	3631
~~judge~~precinct election official to fill a vacancy;	3632

(6) Act as registrar or ~~judge~~precinct election official	3633
without having been appointed and having received a certificate of	3634
appointment, except a ~~judge~~precinct election official appointed	3635
to fill a vacancy caused by absence or removal;	3636

(7) Fail in any other way to perform any duty imposed by law.

3637

(B) Whoever violates division (A) of this section is guilty	3638
of a misdemeanor of the first degree.	3639

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	3640
official shall knowingly do any of the following:	3641

(1) Unlawfully open or permit to be opened the sealed package	3642
containing registration lists, ballots, blanks, pollbooks, and	3643
other papers and material to be used in an election;	3644

(2) Unlawfully misplace, carry away, negligently lose or	3645
permit to be taken from the ~~judge~~precinct election official, fail	3646
to deliver, or destroy any such packages, papers, or material;	3647

(3) Receive or sanction the reception of a ballot from a	3648
person not a qualified elector or from a person who refused to	3649
answer a question in accordance with the election law;	3650

(4) Refuse to receive or sanction the rejection of a ballot	3651
from a person, knowing that person to be a qualified elector;	3652

(5) Permit a fraudulent ballot to be placed in the ballot	3653
box;	3654

(6) Place or permit to be placed in any ballot box any ballot	3655
known by the ~~judge~~precinct election official to be improperly or	3656
falsely marked;	3657

(7) Count or permit to be counted any illegal or fraudulent	3658
ballot;	3659

(8) Mislead an elector who is physically unable to prepare	3660
the elector's ballot, mark a ballot for such elector otherwise	3661
than as directed by that elector, or disclose to any person,	3662
except when legally required to do so, how such elector voted;	3663

(9) Alter or mark or permit any alteration or marking on any	3664
ballot when counting the ballots;	3665

(10) Unlawfully count or tally or sanction the wrongful	3666
counting or tallying of votes;	3667

(11) After the counting of votes commences, as required by	3668
law, postpone or sanction the postponement of the counting of	3669
votes, adjourn at any time or to any place, or remove the ballot	3670
box from the place of voting, or from the custody or presence of	3671
all the ~~judges of such elections~~precinct election officials;	3672

(12) Permit any ballot to remain or to be in the ballot box	3673
at the opening of the polls, or to be put in the box during the	3674
counting of the ballots, or to be left in the box without being	3675
counted;	3676

(13) Admit or sanction the admission to the polling room at	3677
an election during the receiving, counting, and certifying of	3678
votes of any person not qualified by law to be so admitted;	3679

(14) Refuse to admit or sanction the refusal to admit any	3680
person, upon lawful request for admission, who is legally	3681
qualified to be present;	3682

(15) Permit or sanction the counting of the ballots contrary	3683
to the manner prescribed by law;	3684

(16) Neglect or unlawfully execute any duty enjoined upon the	3685
~~judge~~precinct election official by law.	3686

(B) Whoever violates division (A) of this section is guilty	3687
of a misdemeanor of the first degree.	3688

Sec. 3599.31. No officer of the law shall fail to obey	3689
forthwith an order of the ~~presiding judge~~voting location manager	3690
and aid in enforcing a lawful order of the ~~presiding judges~~voting	3691
location manager at an election, against persons unlawfully	3692
congregating or loitering within one hundred feet of a polling	3693
place, hindering or delaying an elector from reaching or leaving	3694
the polling place, soliciting or attempting, within one hundred	3695
feet of the polling place, to influence an elector in casting the	3696
elector's vote, or interfering with the registration of voters or	3697
casting and counting of the ballots.	3698

Whoever violates this section is guilty of a misdemeanor of	3699
the first degree.	3700

Section 2. That existing sections 2101.44, 3501.01, 3501.05,	3701
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	3702
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	3703
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	3704
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	3705
3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15, 3509.01,	3706
3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04, 3517.106,	3707
3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 and section	3708
3506.16 of the Revised Code are hereby repealed.	3709