Sub. S. B. No. 109 As Reported by the Senate State Government Oversight and Reform Committee

As Reported by the Senate State Government Oversight and Reform Committee

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 109

Senator Obhof

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, 3505.28, 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,	16
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	17
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	18
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	19
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	20
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15,	21
3509.01, 3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04,	22
3517.106, 3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 be	23
amended and sections 3501.021 and 3506.021 of the Revised Code be	24
enacted to read as follows:	25

Sec. 2101.44. The election upon the question of combining	26
the probate court and the court of common pleas shall be conducted	27
as provided for the election of county officers.	28

The board of ~~election~~elections shall provide separate	29
ballots, ~~ballot boxes,~~ tally sheets, blanks, stationery, and all	30
such other supplies as may be necessary in the conduct of such	31
election.	32

Ballots shall be printed with an affirmative and negative	33
statement thereon, as follows:	34

		The probate court and the court of common pleas shall be combined.			36
		The probate court and the court of common pleas shall not be combined.			37

Returns of said election shall be made and canvassed at the	39
same time and in the same manner as an election for county	40
officers. The board shall certify the result of said election to	41
the secretary of state, to the probate judge of said county, and	42
to the judge of the court of common pleas, and such result shall	43
be spread upon the journal of the probate court and of the court	44
of common pleas.	45

If a majority of the votes cast at such an election are in	46
favor of combining said courts, such courts shall stand combined	47
upon determination of the fact that a majority of the persons	48
voting upon the question of the combination of such courts voted	49
in favor of such combination.	50

Sec. 3501.01. As used in the sections of the Revised Code	51
relating to elections and political communications:	52

(A) "General election" means the election held on the first	53
Tuesday after the first Monday in each November.	54

(B) "Regular municipal election" means the election held on	55
the first Tuesday after the first Monday in November in each	56
odd-numbered year.	57

(C) "Regular state election" means the election held on the	58
first Tuesday after the first Monday in November in each	59
even-numbered year.	60

(D) "Special election" means any election other than those	61
elections defined in other divisions of this section. A special	62
election may be held only on the first Tuesday after the first	63
Monday in February, May, August, or November, or on the day	64
authorized by a particular municipal or county charter for the	65
holding of a primary election, except that in any year in which a	66
presidential primary election is held, no special election shall	67
be held in February or May, except as authorized by a municipal or	68
county charter, but may be held on the first Tuesday after the	69
first Monday in March.	70

(E)(1) "Primary" or "primary election" means an election held	71
for the purpose of nominating persons as candidates of political	72
parties for election to offices, and for the purpose of electing	73
persons as members of the controlling committees of political	74
parties and as delegates and alternates to the conventions of	75
political parties. Primary elections shall be held on the first	76
Tuesday after the first Monday in May of each year except in years	77
in which a presidential primary election is held.	78

(2) "Presidential primary election" means a primary election	79
as defined by division (E)(1) of this section at which an election	80
is held for the purpose of choosing delegates and alternates to	81
the national conventions of the major political parties pursuant	82
to section 3513.12 of the Revised Code. Unless otherwise	83
specified, presidential primary elections are included in	84
references to primary elections. In years in which a presidential	85
primary election is held, all primary elections shall be held on	86
the first Tuesday after the first Monday in March except as	87
otherwise authorized by a municipal or county charter.	88

(F) "Political party" means any group of voters meeting the	89
requirements set forth in section 3517.01 of the Revised Code for	90
the formation and existence of a political party.	91

(1) "Major political party" means any political party	92
organized under the laws of this state whose candidate for	93
governor or nominees for presidential electors received no less	94
than twenty per cent of the total vote cast for such office at the	95
most recent regular state election.	96

(2) "Intermediate political party" means any political party	97
organized under the laws of this state whose candidate for	98
governor or nominees for presidential electors received less than	99
twenty per cent but not less than ten per cent of the total vote	100
cast for such office at the most recent regular state election.	101

(3) "Minor political party" means any political party	102
organized under the laws of this state whose candidate for	103
governor or nominees for presidential electors received less than	104
ten per cent but not less than five per cent of the total vote	105
cast for such office at the most recent regular state election or	106
which has filed with the secretary of state, subsequent to any	107
election in which it received less than five per cent of such	108
vote, a petition signed by qualified electors equal in number to	109
at least one per cent of the total vote cast for such office in	110
the last preceding regular state election, except that a newly	111
formed political party shall be known as a minor political party	112
until the time of the first election for governor or president	113
which occurs not less than twelve months subsequent to the	114
formation of such party, after which election the status of such	115
party shall be determined by the vote for the office of governor	116
or president.	117

(G) "Dominant party in a precinct" or "dominant political	118
party in a precinct" means that political party whose candidate	119
for election to the office of governor at the most recent regular	120
state election at which a governor was elected received more votes	121
than any other person received for election to that office in such	122
precinct at such election.	123

(H) "Candidate" means any qualified person certified in	124
accordance with the provisions of the Revised Code for placement	125
on the official ballot of a primary, general, or special election	126
to be held in this state, or any qualified person who claims to be	127
a write-in candidate, or who knowingly assents to being	128
represented as a write-in candidate by another at either a	129
primary, general, or special election to be held in this state.	130

(I) "Independent candidate" means any candidate who claims	131
not to be affiliated with a political party, and whose name has	132
been certified on the office-type ballot at a general or special	133
election through the filing of a statement of candidacy and	134
nominating petition, as prescribed in section 3513.257 of the	135
Revised Code.	136

(J) "Nonpartisan candidate" means any candidate whose name is	137
required, pursuant to section 3505.04 of the Revised Code, to be	138
listed on the nonpartisan ballot, including all candidates for	139
judicial office, for member of any board of education, for	140
municipal or township offices in which primary elections are not	141
held for nominating candidates by political parties, and for	142
offices of municipal corporations having charters that provide for	143
separate ballots for elections for these offices.	144

(K) "Party candidate" means any candidate who claims to be a	145
member of a political party, whose name has been certified on the	146
office-type ballot at a general or special election through the	147
filing of a declaration of candidacy and petition of candidate,	148
and who has won the primary election of the candidate's party for	149
the public office the candidate seeks or is selected by party	150
committee in accordance with section 3513.31 of the Revised Code.	151

(L) "Officer of a political party" includes, but is not	152
limited to, any member, elected or appointed, of a controlling	153
committee, whether representing the territory of the state, a	154
district therein, a county, township, a city, a ward, a precinct,	155
or other territory, of a major, intermediate, or minor political	156
party.	157

(M) "Question or issue" means any question or issue certified	158
in accordance with the Revised Code for placement on an official	159
ballot at a general or special election to be held in this state.	160

(N) "Elector" or "qualified elector" means a person having	161
the qualifications provided by law to be entitled to vote.	162

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

163

(P) "Voting residence" means that place of residence of an	164
elector which shall determine the precinct in which the elector	165
may vote.	166

(Q) "Precinct" means a district within a county established	167
by the board of elections of such county within which all	168
qualified electors having a voting residence therein may vote at	169
the same polling place.	170

(R) "Polling place" means that place provided for each	171
precinct at which the electors having a voting residence in such	172
precinct may vote.	173

(S) "Board" or "board of elections" means the board of	174
elections appointed in a county pursuant to section 3501.06 of the	175
Revised Code.	176

(T) "Political subdivision" means a county, township, city,	177
village, or school district.	178

(U) "Election officer" or "election official" means any of	179
the following:	180

(1) Secretary of state;

181

(2) Employees of the secretary of state serving the division	182
of elections in the capacity of attorney, administrative officer,	183
administrative assistant, elections administrator, office manager,	184
or clerical supervisor;	185

(3) Director of a board of elections;

186

(4) Deputy director of a board of elections;

187

(5) Member of a board of elections;

188

(6) Employees of a board of elections;

189

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

190

(8) Employees appointed by the boards of elections on a	191
temporary or part-time basis.	192

(V) "Acknowledgment notice" means a notice sent by a board of	193
elections, on a form prescribed by the secretary of state,	194
informing a voter registration applicant or an applicant who	195
wishes to change the applicant's residence or name of the status	196
of the application; the information necessary to complete or	197
update the application, if any; and if the application is	198
complete, the precinct in which the applicant is to vote.	199

(W) "Confirmation notice" means a notice sent by a board of	200
elections, on a form prescribed by the secretary of state, to a	201
registered elector to confirm the registered elector's current	202
address.	203

(X) "Designated agency" means an office or agency in the	204
state that provides public assistance or that provides	205
state-funded programs primarily engaged in providing services to	206
persons with disabilities and that is required by the National	207
Voter Registration Act of 1993 to implement a program designed and	208
administered by the secretary of state for registering voters, or	209
any other public or government office or agency that implements a	210
program designed and administered by the secretary of state for	211
registering voters, including the department of job and family	212
services, the program administered under section 3701.132 of the	213
Revised Code by the department of health, the department of mental	214
health, the department of developmental disabilities, the	215
rehabilitation services commission, and any other agency the	216
secretary of state designates. "Designated agency" does not	217
include public high schools and vocational schools, public	218
libraries, or the office of a county treasurer.	219

(Y) "National Voter Registration Act of 1993" means the	220
"National Voter Registration Act of 1993," 107 Stat. 77, 42	221
U.S.C.A. 1973gg.	222

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	223
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	224

(AA) "Photo identification" means a document that meets each	225
of the following requirements:	226

(1) It shows the name of the individual to whom it was	227
issued, which shall conform to the name in the poll list or	228
signature pollbook.	229

(2) It shows the current address of the individual to whom it	230
was issued, which shall conform to the address in the poll list or	231
signature pollbook, except for a driver's license or a state	232
identification card issued under section 4507.50 of the Revised	233
Code, which may show either the current or former address of the	234
individual to whom it was issued, regardless of whether that	235
address conforms to the address in the poll list or signature	236
pollbook.	237

(3) It shows a photograph of the individual to whom it was	238
issued.	239

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

240

(5) It was issued by the government of the United States or	241
this state.	242

Sec. 3501.021. Notwithstanding any provision of the Revised	243
Code to the contrary, a political subdivision or other entity that	244
certifies a question or issue to a board of elections for	245
placement on the ballot shall make that certification in paper	246
form. A board of elections shall not accept such a certification	247
in electronic form.	248

Sec. 3501.05. The secretary of state shall do all of the	249
following:	250

(A) Appoint all members of boards of elections;

251

(B) Issue instructions by directives and advisories in	252
accordance with section 3501.053 of the Revised Code to members of	253
the boards as to the proper methods of conducting elections.	254

(C) Prepare rules and instructions for the conduct of	255
elections;	256

(D) Publish and furnish to the boards from time to time a	257
sufficient number of indexed copies of all election laws then in	258
force;	259

(E) Edit and issue all pamphlets concerning proposed laws or	260
amendments required by law to be submitted to the voters;	261

(F) Prescribe the form of registration cards, blanks, and	262
records;	263

(G) Determine and prescribe the forms of ballots and the	264
forms of all blanks, cards of instructions, pollbooks, tally	265
sheets, certificates of election, and forms and blanks required by	266
law for use by candidates, committees, and boards;	267

(H) Prepare the ballot title or statement to be placed on the	268
ballot for any proposed law or amendment to the constitution to be	269
submitted to the voters of the state;	270

(I) Except as otherwise provided in section 3519.08 of the	271
Revised Code, certify to the several boards the forms of ballots	272
and names of candidates for state offices, and the form and	273
wording of state referendum questions and issues, as they shall	274
appear on the ballot;	275

(J) Except as otherwise provided in division (I)(2)(b) of	276
section 3501.38 of the Revised Code, give final approval to ballot	277
language for any local question or issue approved and transmitted	278
by boards of elections under section 3501.11 of the Revised Code;	279

(K) Receive all initiative and referendum petitions on state	280
questions and issues and determine and certify to the sufficiency	281
of those petitions;	282

(L) Require such reports from the several boards as are	283
provided by law, or as the secretary of state considers necessary;	284

(M) Compel the observance by election officers in the several	285
counties of the requirements of the election laws;	286

(N)(1) Except as otherwise provided in division (N)(2) of	287
this section, investigate the administration of election laws,	288
frauds, and irregularities in elections in any county, and report	289
violations of election laws to the attorney general or prosecuting	290
attorney, or both, for prosecution;	291

(2) On and after August 24, 1995, report a failure to comply	292
with or a violation of a provision in sections 3517.08 to 3517.13,	293
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	294
Revised Code, whenever the secretary of state has or should have	295
knowledge of a failure to comply with or a violation of a	296
provision in one of those sections, by filing a complaint with the	297
Ohio elections commission under section 3517.153 of the Revised	298
Code;	299

(O) Make an annual report to the governor containing the	300
results of elections, the cost of elections in the various	301
counties, a tabulation of the votes in the several political	302
subdivisions, and other information and recommendations relative	303
to elections the secretary of state considers desirable;	304

(P) Prescribe and distribute to boards of elections a list of	305
instructions indicating all legal steps necessary to petition	306
successfully for local option elections under sections 4301.32 to	307
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	308

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	309
for the removal by boards of elections of ineligible voters from	310
the statewide voter registration database and, if applicable, from	311
the poll list or signature pollbook used in each precinct, which	312
rules shall provide for all of the following:	313

(1) A process for the removal of voters who have changed	314
residence, which shall be uniform, nondiscriminatory, and in	315
compliance with the Voting Rights Act of 1965 and the National	316
Voter Registration Act of 1993, including a program that uses the	317
national change of address service provided by the United States	318
postal system through its licensees;	319

(2) A process for the removal of ineligible voters under	320
section 3503.21 of the Revised Code;	321

(3) A uniform system for marking or removing the name of a	322
voter who is ineligible to vote from the statewide voter	323
registration database and, if applicable, from the poll list or	324
signature pollbook used in each precinct and noting the reason for	325
that mark or removal.	326

(R) Prescribe a general program for registering voters or	327
updating voter registration information, such as name and	328
residence changes, by boards of elections, designated agencies,	329
offices of deputy registrars of motor vehicles, public high	330
schools and vocational schools, public libraries, and offices of	331
county treasurers consistent with the requirements of section	332
3503.09 of the Revised Code;	333

(S) Prescribe a program of distribution of voter registration	334
forms through boards of elections, designated agencies, offices of	335
the registrar and deputy registrars of motor vehicles, public high	336
schools and vocational schools, public libraries, and offices of	337
county treasurers;	338

(T) To the extent feasible, provide copies, at no cost and	339
upon request, of the voter registration form in post offices in	340
this state;	341

(U) Adopt rules pursuant to section 111.15 of the Revised	342
Code for the purpose of implementing the program for registering	343
voters through boards of elections, designated agencies, and the	344
offices of the registrar and deputy registrars of motor vehicles	345
consistent with this chapter;	346

(V) Establish the full-time position of Americans with	347
Disabilities Act coordinator within the office of the secretary of	348
state to do all of the following:	349

(1) Assist the secretary of state with ensuring that there is	350
equal access to polling places for persons with disabilities;	351

(2) Assist the secretary of state with ensuring that each	352
voter may cast the voter's ballot in a manner that provides the	353
same opportunity for access and participation, including privacy	354
and independence, as for other voters;	355

(3) Advise the secretary of state in the development of	356
standards for the certification of voting machines, marking	357
devices, and automatic tabulating equipment.	358

(W) Establish and maintain a computerized statewide database	359
of all legally registered voters under section 3503.15 of the	360
Revised Code that complies with the requirements of the "Help	361
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	362
and provide training in the operation of that system;	363

(X) Ensure that all directives, advisories, other	364
instructions, or decisions issued or made during or as a result of	365
any conference or teleconference call with a board of elections to	366
discuss the proper methods and procedures for conducting	367
elections, to answer questions regarding elections, or to discuss	368
the interpretation of directives, advisories, or other	369
instructions issued by the secretary of state are posted on a web	370
site of the office of the secretary of state as soon as is	371
practicable after the completion of the conference or	372
teleconference call, but not later than the close of business on	373
the same day as the conference or teleconference call takes place.	374

(Y) Publish a report on a web site of the office of the	375
secretary of state not later than one month after the completion	376
of the canvass of the election returns for each primary and	377
general election, identifying, by county, the number of absent	378
voter's ballots cast and the number of those ballots that were	379
counted, and the number of provisional ballots cast and the number	380
of those ballots that were counted, for that election. The	381
secretary of state shall maintain the information on the web site	382
in an archive format for each subsequent election.	383

(Z) Conduct voter education outlining voter identification,	384
absent voters ballot, provisional ballot, and other voting	385
requirements;	386

(AA) Establish a procedure by which a registered elector may	387
make available to a board of elections a more recent signature to	388
be used in the poll list or signature pollbook produced by the	389
board of elections of the county in which the elector resides;	390

(BB) Disseminate information, which may include all or part	391
of the official explanations and arguments, by means of direct	392
mail or other written publication, broadcast, or other means or	393
combination of means, as directed by the Ohio ballot board under	394
division (F) of section 3505.062 of the Revised Code, in order to	395
inform the voters as fully as possible concerning each proposed	396
constitutional amendment, proposed law, or referendum;	397

(CC) Be the single state office responsible for the	398
implementation of the "Uniformed and Overseas Citizens Absentee	399
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	400
et seq., as amended, in this state. The secretary of state may	401
delegate to the boards of elections responsibilities for the	402
implementation of that act, including responsibilities arising	403
from amendments to that act made by the "Military and Overseas	404
Voter Empowerment Act," Subtitle H of the "National Defense	405
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	406
Stat. 3190.	407

(DD) Adopt rules, under Chapter 119. of the Revised Code, to	408
establish procedures and standards for determining when a board of	409
elections shall be placed under the official oversight of the	410
secretary of state, placing a board of elections under the	411
official oversight of the secretary of state, a board that is	412
under official oversight to transition out of official oversight,	413
and the secretary of state to supervise a board of elections that	414
is under official oversight of the secretary of state.	415

(EE) Perform other duties required by law.

416

Whenever a primary election is held under section 3513.32 of	417
the Revised Code or a special election is held under section	418
3521.03 of the Revised Code to fill a vacancy in the office of	419
representative to congress, the secretary of state shall establish	420
a deadline, notwithstanding any other deadline required under the	421
Revised Code, by which any or all of the following shall occur:	422
the filing of a declaration of candidacy and petitions or a	423
statement of candidacy and nominating petition together with the	424
applicable filing fee; the filing of protests against the	425
candidacy of any person filing a declaration of candidacy or	426
nominating petition; the filing of a declaration of intent to be a	427
write-in candidate; the filing of campaign finance reports; the	428
preparation of, and the making of corrections or challenges to,	429
precinct voter registration lists; the receipt of applications for	430
absent voter's ballots or ~~armed service~~uniformed services or	431
overseas absent voter's ballots; the supplying of election	432
materials to precincts by boards of elections; the holding of	433
hearings by boards of elections to consider challenges to the	434
right of a person to appear on a voter registration list; and the	435
scheduling of programs to instruct or reinstruct election	436
officers.	437

In the performance of the secretary of state's duties as the	438
chief election officer, the secretary of state may administer	439
oaths, issue subpoenas, summon witnesses, compel the production of	440
books, papers, records, and other evidence, and fix the time and	441
place for hearing any matters relating to the administration and	442
enforcement of the election laws.	443

In any controversy involving or arising out of the adoption	444
of registration or the appropriation of funds for registration,	445
the secretary of state may, through the attorney general, bring an	446
action in the name of the state in the court of common pleas of	447
the county where the cause of action arose or in an adjoining	448
county, to adjudicate the question.	449

In any action involving the laws in Title XXXV of the Revised	450
Code wherein the interpretation of those laws is in issue in such	451
a manner that the result of the action will affect the lawful	452
duties of the secretary of state or of any board of elections, the	453
secretary of state may, on the secretary of state's motion, be	454
made a party.	455

The secretary of state may apply to any court that is hearing	456
a case in which the secretary of state is a party, for a change of	457
venue as a substantive right, and the change of venue shall be	458
allowed, and the case removed to the court of common pleas of an	459
adjoining county named in the application or, if there are cases	460
pending in more than one jurisdiction that involve the same or	461
similar issues, the court of common pleas of Franklin county.	462

Public high schools and vocational schools, public libraries,	463
and the office of a county treasurer shall implement voter	464
registration programs as directed by the secretary of state	465
pursuant to this section.	466

Sec. 3501.051. (A) Notwithstanding any other section of the	467
Revised Code, the secretary of state may authorize, in one or more	468
precincts in one or more counties, a program allowing individuals	469
under the age of eighteen to enter the polling place and vote in a	470
simulated election held at the same time as a general election.	471
Any individual working in or supervising at a simulated election	472
may enter the polling place and remain within it during the entire	473
period the polls are open.	474

(B) A program established under division (A) of this section	475
shall require all of the following:	476

(1) That the duties imposed on ~~judges of~~precinct election	477
officials and peace officers under section 3501.33 of the Revised	478
Code be performed by those ~~judges~~officials and officers in regard	479
to simulated elections and all activities related to simulated	480
elections;	481

(2) That volunteers provide the personnel necessary to	482
conduct the simulated election, except that employees of the	483
secretary of state, employees or members of boards of elections,	484
and precinct election officials may aid in operating the program	485
to the extent permitted by the secretary of state;	486

(3) That individuals under the age of fourteen be accompanied	487
to the simulated election by an individual eighteen years of age	488
or over;	489

(4) Any other requirements the secretary of state considers	490
necessary for the orderly administration of the election process.	491

Sec. 3501.06. (A) There shall be in each county of the state	492
a board of elections consisting of four qualified electors of the	493
county, who shall be appointed by the secretary of state, as the	494
secretary's representatives~~, to serve for the term of four years~~.	495

(B)(1) On the first day of March in ~~even-numbered~~the years	496
2014 and 2016, the secretary of state shall appoint two of such	497
board members~~, one~~for a term of three years. One of ~~whom~~those	498
board members shall be from the political party which cast the	499
highest number of votes for the office of governor at the most	500
recent regular state election, and the other shall be from the	501
political party which cast the next highest number of votes for	502
the office of governor at such election.	503

(2) Beginning in 2017, on the first day of March in	504
odd-numbered years, the secretary of state shall appoint two of	505
such board members for a term of four years. One of those board	506
members shall be from the political party which cast the highest	507
number of votes for the office of governor at the most recent	508
regular state election, and the other shall be from the political	509
party which cast the next highest number of votes for the office	510
of governor at such election. Thereafter, all appointments shall	511
be made on the first day of March in odd-numbered years for a term	512
of four years.	513

(C) All vacancies filled for unexpired terms and all	514
appointments to new terms shall be made from the political party	515
to which the vacating or outgoing member belonged, unless there is	516
a third political party which cast a greater number of votes in	517
the state at the most recent regular state election for the office	518
of governor than did the party to which the retiring member	519
belonged, in which event the vacancy shall be filled from such	520
third party.	521

Sec. 3501.11. Each board of elections shall exercise by a	522
majority vote all powers granted to the board by Title XXXV of the	523
Revised Code, shall perform all the duties imposed by law, and	524
shall do all of the following:	525

(A) Establish, define, provide, rearrange, and combine	526
election precincts;	527

(B) Fix and provide the places for registration and for	528
holding primaries and elections;	529

(C) Provide for the purchase, preservation, and maintenance	530
of booths, ballot boxes, books, maps, flags, blanks, cards of	531
instructions, and other forms, papers, and equipment used in	532
registration, nominations, and elections;	533

(D) Appoint and remove its director, deputy director, and	534
employees and all registrars, ~~judges~~precinct election officials,	535
and other officers of elections, fill vacancies, and designate the	536
ward or district and precinct in which each shall serve;	537

(E) Make and issue rules and instructions, not inconsistent	538
with law or the rules, directives, or advisories issued by the	539
secretary of state, as it considers necessary for the guidance of	540
election officers and voters;	541

(F) Advertise and contract for the printing of all ballots	542
and other supplies used in registrations and elections;	543

(G) Provide for the issuance of all notices, advertisements,	544
and publications concerning elections, except as otherwise	545
provided in division (G) of section 3501.17 and divisions (F) and	546
(G) of section 3505.062 of the Revised Code;	547

(H) Provide for the delivery of ballots, pollbooks, and other	548
required papers and material to the polling places;	549

(I) Cause the polling places to be suitably provided with	550
voting machines, marking devices, automatic tabulating equipment,	551
stalls, and other required supplies. In fulfilling this duty, each	552
board of a county that uses voting machines, marking devices, or	553
automatic tabulating equipment shall conduct a full vote of the	554
board during a public session of the board on the allocation and	555
distribution of voting machines, marking devices, and automatic	556
tabulating equipment for each precinct in the county.	557

(J) Investigate irregularities, nonperformance of duties, or	558
violations of Title XXXV of the Revised Code by election officers	559
and other persons; administer oaths, issue subpoenas, summon	560
witnesses, and compel the production of books, papers, records,	561
and other evidence in connection with any such investigation; and	562
report the facts to the prosecuting attorney or the secretary of	563
state;	564

(K) Review, examine, and certify the sufficiency and validity	565
of petitions and nomination papers, and, after certification,	566
return to the secretary of state all petitions and nomination	567
papers that the secretary of state forwarded to the board;	568

(L) Receive the returns of elections, canvass the returns,	569
make abstracts of them, and transmit those abstracts to the proper	570
authorities;	571

(M) Issue certificates of election on forms to be prescribed	572
by the secretary of state;	573

(N) Make an annual report to the secretary of state, on the	574
form prescribed by the secretary of state, containing a statement	575
of the number of voters registered, elections held, votes cast,	576
appropriations received, expenditures made, and other data	577
required by the secretary of state;	578

(O) Prepare and submit to the proper appropriating officer a	579
budget estimating the cost of elections for the ensuing fiscal	580
year;	581

(P) Perform other duties as prescribed by law or the rules,	582
directives, or advisories of the secretary of state;	583

(Q) Investigate and determine the residence qualifications of	584
electors;	585

(R) Administer oaths in matters pertaining to the	586
administration of the election laws;	587

(S) Prepare and submit to the secretary of state, whenever	588
the secretary of state requires, a report containing the names and	589
residence addresses of all incumbent county, municipal, township,	590
and board of education officials serving in their respective	591
counties;	592

(T) Establish and maintain a voter registration database of	593
all qualified electors in the county who offer to register;	594

(U) Maintain voter registration records, make reports	595
concerning voter registration as required by the secretary of	596
state, and remove ineligible electors from voter registration	597
lists in accordance with law and directives of the secretary of	598
state;	599

(V) Give approval to ballot language for any local question	600
or issue and transmit the language to the secretary of state for	601
the secretary of state's final approval;	602

(W) Prepare and cause the following notice to be displayed in	603
a prominent location in every polling place:	604

"NOTICE	605

Ohio law prohibits any person from voting or attempting to	606
vote more than once at the same election.	607

Violators are guilty of a felony of the fourth degree and	608
shall be imprisoned and additionally may be fined in accordance	609
with law."	610

(X) In all cases of a tie vote or a disagreement in the	611
board, if no decision can be arrived at, the director or	612
chairperson shall submit the matter in controversy, not later than	613
fourteen days after the tie vote or the disagreement, to the	614
secretary of state, who shall summarily decide the question, and	615
the secretary of state's decision shall be final.	616

(Y) Assist each designated agency, deputy registrar of motor	617
vehicles, public high school and vocational school, public	618
library, and office of a county treasurer in the implementation of	619
a program for registering voters at all voter registration	620
locations as prescribed by the secretary of state. Under this	621
program, each board of elections shall direct to the appropriate	622
board of elections any voter registration applications for persons	623
residing outside the county where the board is located within five	624
days after receiving the applications.	625

(Z) On any day on which an elector may vote in person at the	626
office of the board or at another site designated by the board,	627
consider the board or other designated site a polling place for	628
that day. All requirements or prohibitions of law that apply to a	629
polling place shall apply to the office of the board or other	630
designated site on that day.	631

(AA) Perform any duties with respect to voter registration	632
and voting by uniformed services and overseas voters that are	633
delegated to the board by law or by the rules, directives, or	634
advisories of the secretary of state.	635

Sec. 3501.13. (A) The director of the board of elections	636
shall keep a full and true record of the proceedings of the board	637
and of all moneys received and expended; file and preserve in the	638
board's office all orders and records pertaining to the	639
administration of registrations, primaries, and elections; receive	640
and have the custody of all books, papers, and property belonging	641
to the board; and perform other duties in connection with the	642
office of director and the proper conduct of elections as the	643
board determines.	644

(B) Before entering upon the duties of the office, the	645
director shall subscribe to an oath that the director will support	646
the Constitution of the United States and the Ohio Constitution,	647
perform all the duties of the office to the best of the director's	648
ability, enforce the election laws, and preserve all records,	649
documents, and other property pertaining to the conduct of	650
elections placed in the director's custody.	651

(C) The director may administer oaths to persons required by	652
law to file certificates or other papers with the board, to ~~judges~~	653
~~of elections~~precinct election officials, to witnesses who are	654
called to testify before the board, and to voters filling out	655
blanks at the board's offices. Except as otherwise provided by	656
state or federal law, the records of the board and papers and	657
books filed in its office are public records and open to	658
inspection under such reasonable regulations as shall be	659
established by the board. The following notice shall be posted in	660
a prominent place at each board office:	661

"Except as otherwise provided by state or federal law,	662
records filed in this office of the board of elections are open to	663
public inspection during normal office hours, pursuant to the	664
following reasonable regulations: (the board shall here list its	665
regulations). Whoever prohibits any person from inspecting the	666
public records of this board is subject to the penalties of	667
section 3599.161 of the Revised Code."	668

(D) Upon receipt of a written declaration of intent to retire	669
as provided for in section 145.38 of the Revised Code, the	670
director shall provide a copy to each member of the board of	671
elections.	672

Sec. 3501.17. (A) The expenses of the board of elections	673
shall be paid from the county treasury, in pursuance of	674
appropriations by the board of county commissioners, in the same	675
manner as other county expenses are paid. If the board of county	676
commissioners fails to appropriate an amount sufficient to provide	677
for the necessary and proper expenses of the board of elections	678
pertaining to the conduct of elections, the board of elections may	679
apply to the court of common pleas within the county, which shall	680
fix the amount necessary to be appropriated and the amount shall	681
be appropriated. Payments shall be made upon vouchers of the board	682
of elections certified to by its chairperson or acting chairperson	683
and the director or deputy director, upon warrants of the county	684
auditor.	685

The board of elections shall not incur any obligation	686
involving the expenditure of money unless there are moneys	687
sufficient in the funds appropriated therefor to meet the	688
obligation. If the board of elections requests a transfer of funds	689
from one of its appropriation items to another, the board of	690
county commissioners shall adopt a resolution providing for the	691
transfer except as otherwise provided in section 5705.40 of the	692
Revised Code. The expenses of the board of elections shall be	693
apportioned among the county and the various subdivisions as	694
provided in this section, and the amount chargeable to each	695
subdivision shall be withheld by the county auditor from the	696
moneys payable thereto at the time of the next tax settlement. At	697
the time of submitting budget estimates in each year, the board of	698
elections shall submit to the taxing authority of each	699
subdivision, upon the request of the subdivision, an estimate of	700
the amount to be withheld from the subdivision during the next	701
fiscal year.	702

A board of township trustees may, by resolution, request that	703
the county auditor withhold expenses charged to the township from	704
a specified township fund that is to be credited with revenue at a	705
tax settlement. The resolution shall specify the tax levy ballot	706
issue, the date of the election on the levy issue, and the	707
township fund from which the expenses the board of elections	708
incurs related to that ballot issue shall be withheld.	709

(B) Except as otherwise provided in division (F) of this	710
section, the compensation of the members of the board of elections	711
and of the director, deputy director, and regular employees in the	712
board's offices, other than compensation for overtime worked; the	713
expenditures for the rental, furnishing, and equipping of the	714
office of the board and for the necessary office supplies for the	715
use of the board; the expenditures for the acquisition, repair,	716
care, and custody of the polling places, booths, guardrails, and	717
other equipment for polling places; the cost of tally sheets,	718
maps, flags, ballot boxes, and all other permanent records and	719
equipment; the cost of all elections held in and for the state and	720
county; and all other expenses of the board which are not	721
chargeable to a political subdivision in accordance with this	722
section shall be paid in the same manner as other county expenses	723
are paid.	724

(C) The compensation of ~~judges of elections~~precinct election	725
officials and intermittent employees in the board's offices; the	726
cost of renting, moving, heating, and lighting polling places and	727
of placing and removing ballot boxes and other fixtures and	728
equipment thereof, including voting machines, marking devices, and	729
automatic tabulating equipment; the cost of printing and	730
delivering ballots, cards of instructions, registration lists	731
required under section 3503.23 of the Revised Code, and other	732
election supplies, including the supplies required to comply with	733
division (H) of section 3506.01 of the Revised Code; the cost of	734
contractors engaged by the board to prepare, program, test, and	735
operate voting machines, marking devices, and automatic tabulating	736
equipment; and all other expenses of conducting primaries and	737
elections in the odd-numbered years shall be charged to the	738
subdivisions in and for which such primaries or elections are	739
held. The charge for each primary or general election in	740
odd-numbered years for each subdivision shall be determined in the	741
following manner: first, the total cost of all chargeable items	742
used in conducting such elections shall be ascertained; second,	743
the total charge shall be divided by the number of precincts	744
participating in such election, in order to fix the cost per	745
precinct; third, the cost per precinct shall be prorated by the	746
board of elections to the subdivisions conducting elections for	747
the nomination or election of offices in such precinct; fourth,	748
the total cost for each subdivision shall be determined by adding	749
the charges prorated to it in each precinct within the	750
subdivision.	751

(D) The entire cost of special elections held on a day other	752
than the day of a primary or general election, both in	753
odd-numbered or in even-numbered years, shall be charged to the	754
subdivision. Where a special election is held on the same day as a	755
primary or general election in an even-numbered year, the	756
subdivision submitting the special election shall be charged only	757
for the cost of ballots and advertising. Where a special election	758
is held on the same day as a primary or general election in an	759
odd-numbered year, the subdivision submitting the special election	760
shall be charged for the cost of ballots and advertising for such	761
special election, in addition to the charges prorated to such	762
subdivision for the election or nomination of candidates in each	763
precinct within the subdivision, as set forth in the preceding	764
paragraph.	765

(E) Where a special election is held on the day specified by	766
division (E) of section 3501.01 of the Revised Code for the	767
holding of a primary election, for the purpose of submitting to	768
the voters of the state constitutional amendments proposed by the	769
general assembly, and a subdivision conducts a special election on	770
the same day, the entire cost of the special election shall be	771
divided proportionally between the state and the subdivision based	772
upon a ratio determined by the number of issues placed on the	773
ballot by each, except as otherwise provided in division (G) of	774
this section. Such proportional division of cost shall be made	775
only to the extent funds are available for such purpose from	776
amounts appropriated by the general assembly to the secretary of	777
state. If a primary election is also being conducted in the	778
subdivision, the costs shall be apportioned as otherwise provided	779
in this section.	780

(F) When a precinct is open during a general, primary, or	781
special election solely for the purpose of submitting to the	782
voters a statewide ballot issue, the state shall bear the entire	783
cost of the election in that precinct and shall reimburse the	784
county for all expenses incurred in opening the precinct.	785

(G)(1) The state shall bear the entire cost of advertising in	786
newspapers statewide ballot issues, explanations of those issues,	787
and arguments for or against those issues, as required by Section	788
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	789
and any other section of law. Appropriations made to the	790
controlling board shall be used to reimburse the secretary of	791
state for all expenses the secretary of state incurs for such	792
advertising under division (G) of section 3505.062 of the Revised	793
Code.	794

(2) There is hereby created in the state treasury the	795
statewide ballot advertising fund. The fund shall receive	796
transfers approved by the controlling board, and shall be used by	797
the secretary of state to pay the costs of advertising state	798
ballot issues as required under division (G)(1) of this section.	799
Any such transfers may be requested from and approved by the	800
controlling board prior to placing the advertising, in order to	801
facilitate timely provision of the required advertising.	802

(H) The cost of renting, heating, and lighting registration	803
places; the cost of the necessary books, forms, and supplies for	804
the conduct of registration; and the cost of printing and posting	805
precinct registration lists shall be charged to the subdivision in	806
which such registration is held.	807

(I) At the request of a majority of the members of the board	808
of elections, the board of county commissioners may, by	809
resolution, establish an elections revenue fund. Except as	810
otherwise provided in this division, the purpose of the fund shall	811
be to accumulate revenue withheld by or paid to the county under	812
this section for the payment of any expense related to the duties	813
of the board of elections specified in section 3501.11 of the	814
Revised Code, upon approval of a majority of the members of the	815
board of elections. The fund shall not accumulate any revenue	816
withheld by or paid to the county under this section for the	817
compensation of the members of the board of elections or of the	818
director, deputy director, or other regular employees in the	819
board's offices, other than compensation for overtime worked.	820

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	821
Revised Code, the board of county commissioners may, by	822
resolution, transfer money to the elections revenue fund from any	823
other fund of the political subdivision from which such payments	824
lawfully may be made. Following an affirmative vote of a majority	825
of the members of the board of elections, the board of county	826
commissioners may, by resolution, rescind an elections revenue	827
fund established under this division. If an elections revenue fund	828
is rescinded, money that has accumulated in the fund shall be	829
transferred to the county general fund.	830

(J) As used in this section:

831

(1) "Political subdivision" and "subdivision" mean any board	832
of county commissioners, board of township trustees, legislative	833
authority of a municipal corporation, board of education, or any	834
other board, commission, district, or authority that is empowered	835
to levy taxes or permitted to receive the proceeds of a tax levy,	836
regardless of whether the entity receives tax settlement moneys as	837
described in division (A) of this section;	838

(2) "Statewide ballot issue" means any ballot issue, whether	839
proposed by the general assembly or by initiative or referendum,	840
that is submitted to the voters throughout the state.	841

Sec. 3501.22. (A) On or before the fifteenth day of	842
September in each year, the board of elections by a majority vote	843
shall, after careful examination and investigation as to their	844
qualifications, appoint for each election precinct four residents	845
of the county in which the precinct is located, as ~~judges~~precinct	846
election officials. Except as otherwise provided in division (C)	847
of this section, all ~~judges of~~precinct election officials shall	848
be qualified electors. The ~~judges~~precinct election officials	849
shall constitute the election officers of the precinct. Not more	850
than one-half of the total number of ~~judges~~precinct election	851
officials shall be members of the same political party. The term	852
of such precinct officers shall be for one year. The board may, at	853
any time, designate any number of election officers, not more than	854
one-half of whom shall be members of the same political party, to	855
perform their duties at any precinct in any election. The board	856
may appoint additional officials, ~~equally divided between the two~~	857
~~major~~not more than one-half of whom shall be members of the same	858
political ~~parties~~party, when necessary to expedite voting. If the	859
board of elections determines that four precinct election	860
officials are not required in a precinct for a special election,	861
the board of elections may select two of the precinct's election	862
officers, who are not members of the same political party, to	863
serve as the precinct election officials for that precinct in that	864
special election.	865

Vacancies for unexpired terms shall be filled by the board.	866
When new precincts have been created, the board shall appoint	867
~~judges~~precinct election officials for those precincts for the	868
unexpired term. Any ~~judge~~precinct election official may be	869
summarily removed from office at any time by the board for neglect	870
of duty, malfeasance, or misconduct in office or for any other	871
good and sufficient reason.	872

Precinct election officials shall perform all of the duties	873
provided by law for receiving the ballots and supplies, opening	874
and closing the polls, and overseeing the casting of ballots	875
during the time the polls are open, and any other duties required	876
by section 3501.26 of the Revised Code.	877

A board of elections may designate two precinct election	878
officials as counting officials to count and tally the votes cast	879
and certify the results of the election at each precinct, and	880
perform other duties as provided by law. To expedite the counting	881
of votes at each precinct, the board may appoint additional	882
officials, not more than one-half of whom shall be members of the	883
same political party.	884

The board shall designate one of the precinct election	885
officials who is a member of the dominant political party to serve	886
as a ~~presiding judge~~voting location manager, whose duty it is to	887
deliver the returns of the election and all supplies to the office	888
of the board. For these services, the ~~presiding judge~~voting	889
location manager shall receive additional compensation in an	890
amount, consistent with section 3501.28 of the Revised Code,	891
determined by the board of elections.	892

The board shall issue to each precinct election official a	893
certificate of appointment, which the official shall present to	894
the ~~presiding judge~~voting location manager at the time the polls	895
are opened.	896

(B) If the board of elections determines that not enough	897
qualified electors in a precinct are available to serve as	898
precinct officers, it may appoint persons to serve as precinct	899
officers at a primary, special, or general election who are at	900
least seventeen years of age and are registered to vote in	901
accordance with section 3503.07 of the Revised Code.	902

(C)(1) A board of elections, in conjunction with the board of	903
education of a city, local, or exempted village school district,	904
the governing authority of a community school established under	905
Chapter 3314. of the Revised Code, or the chief administrator of a	906
nonpublic school may establish a program permitting certain high	907
school students to apply and, if appointed by the board of	908
elections, to serve as precinct officers at a primary, special, or	909
general election.	910

In addition to the requirements established by division	911
(C)(2) of this section, a board of education, governing authority,	912
or chief administrator that establishes a program under this	913
division in conjunction with a board of elections may establish	914
additional criteria that students shall meet to be eligible to	915
participate in that program.	916

(2)(a) To be eligible to participate in a program established	917
under division (C)(1) of this section, a student shall be a United	918
States citizen, a resident of the county, at least seventeen years	919
of age, and enrolled in the senior year of high school.	920

(b) Any student applying to participate in a program	921
established under division (C)(1) of this section, as part of the	922
student's application process, shall declare the student's	923
political party affiliation with the board of elections.	924

(3) No student appointed as a precinct officer pursuant to a	925
program established under division (C)(1) of this section shall be	926
designated as a ~~presiding judge~~voting location manager.	927

(4) Any student participating in a program established under	928
division (C)(1) of this section shall be excused for that	929
student's absence from school on the day of an election at which	930
the student is serving as a precinct officer.	931

(D) In any precinct with six or more precinct officers, up to	932
two students participating in a program established under division	933
(C)(1) of this section who are under eighteen years of age may	934
serve as precinct officers. Not more than one precinct officer in	935
any given precinct with fewer than six precinct officers shall be	936
under eighteen years of age.	937

Sec. 3501.26. When the polls are closed after a primary,	938
general, or special election, the receiving officials shall, in	939
the presence of the counting officials and attending observers,	940
proceed as follows:	941

(A) Count the number of electors who voted, as shown on the	942
poll books;	943

(B) Count the unused ballots without removing stubs;

944

945

(D) Insert the totals of divisions (A), (B), and (C) of this	946
section on the report forms provided therefor in the poll books;	947

(E) Count the voted ballots. If the number of voted ballots	948
exceeds the number of voters whose names appear upon the poll	949
books, the ~~presiding judge~~voting location manager shall enter on	950
the poll books an explanation of that discrepancy, and that	951
explanation, if agreed to, shall be subscribed to by all of the	952
~~judges~~precinct election officials. Any ~~judge~~precinct official	953
having a different explanation shall enter it in the poll books	954
and subscribe to it.	955

(F) Put the unused ballots with stubs attached, and soiled	956
and defaced ballots with stubs attached, in the envelopes or	957
containers provided therefor, and certify the number.	958

The receiving officials shall deliver to and place in the	959
custody of the counting officials all the supplies provided for	960
the conduct of that election and the ballots that are to be	961
counted and tallied, and take a receipt for the same, which	962
receipt shall appear in and be a part of the poll books of such	963
precinct. Having performed their duties, the receiving officials	964
shall immediately depart.	965

Having receipted for the ballots, the counting officials	966
shall proceed to count and tally the vote as cast in the manner	967
prescribed by section 3505.27 of the Revised Code and certify the	968
result of the election to the board of elections.	969

Sec. 3501.27. (A) All ~~judges of~~precinct election officials	970
shall complete a program of instruction pursuant to division (B)	971
of this section. No person who has been convicted of a felony or	972
any violation of the election laws, who is unable to read and	973
write the English language readily, or who is a candidate for an	974
office to be voted for by the voters of the precinct in which the	975
person is to serve shall serve as an election officer. A person	976
when appointed as an election officer shall receive from the board	977
of elections a certificate of appointment that may be revoked at	978
any time by the board for good and sufficient reasons. The	979
certificate shall be in the form the board prescribes and shall	980
specify the precinct, ward, or district in and for which the	981
person to whom it is issued is appointed to serve, the date of	982
appointment, and the expiration of the person's term of service.	983

(B) Each board shall establish a program as prescribed by the	984
secretary of state for the instruction of election officers in the	985
rules, procedures, and law relating to elections. In each program,	986
the board shall use training materials prepared by the secretary	987
of state and may use additional materials prepared by or on behalf	988
of the board. The board may use the services of unpaid volunteers	989
in conducting its program and may reimburse those volunteers for	990
necessary and actual expenses incurred in participating in the	991
program.	992

The board shall train each new election officer before the	993
new officer participates in the first election in that capacity.	994
The board shall instruct election officials who have been trained	995
previously only when the board or secretary of state considers	996
that instruction necessary, but the board shall reinstruct such	997
persons, other than ~~presiding judges~~voting location managers, at	998
least once in every three years and shall reinstruct ~~presiding~~	999
~~judges~~voting location managers before the primary election in	1000
even-numbered years. The board shall schedule any program of	1001
instruction within sixty days prior to the election in which the	1002
officials to be trained will participate.	1003

(C) The duties of a ~~judge of an~~precinct election official in	1004
each polling place shall be performed only by an individual who	1005
has successfully completed the requirements of the program, unless	1006
such an individual is unavailable after reasonable efforts to	1007
obtain such services.	1008

(D) The secretary of state shall establish a program for the	1009
instruction of members of boards of elections and employees of	1010
boards in the rules, procedures, and law relating to elections.	1011
Each member and employee shall complete the training program	1012
within six months after the member's or employee's original	1013
appointment or employment, and thereafter each member and employee	1014
shall complete a training program to update their knowledge once	1015
every four years or more often as determined by the secretary of	1016
state.	1017

(E) The secretary of state shall reimburse each county for	1018
the cost of programs established pursuant to division (B) of this	1019
section, once the secretary of state has received an itemized	1020
statement of expenses for such instruction programs from the	1021
county. The itemized statement shall be in a form prescribed by	1022
the secretary of state.	1023

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

1024

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	1025
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	1026
amended.	1027

(2) "Full election day" means the period of time between the	1028
opening of the polls and the completion of the procedures	1029
contained in section 3501.26 of the Revised Code.	1030

(3) "Services" means services at each general, primary, or	1031
special election.	1032

(B) ~~Beginning with calendar year 1998, each judge of an~~	1033
~~election in a county shall be paid for the judge's services at the~~	1034
~~same hourly rate, which shall be not less than the minimum hourly~~	1035
~~rate established by the Fair Labor Standards Act and not more than~~	1036
~~eighty-five dollars per diem.~~	1037

~~(C)~~ Beginning with calendar year 2004, each ~~judge of an~~	1038
precinct election official in a county shall be paid for the	1039
~~judge's~~official's services at the same hourly rate, which shall	1040
be not less than the minimum hourly rate established by the Fair	1041
Labor Standards Act and not more than ninety-five dollars per	1042
diem.	1043

~~(D)~~(C) The secretary of state shall establish, by rule	1044
adopted under section 111.15 of the Revised Code, the maximum	1045
amount of per diem compensation that may be paid to ~~judges of an~~	1046
precinct election officials under this section each time the Fair	1047
Labor Standards Act is amended to increase the minimum hourly rate	1048
established by the act. Upon learning of such an increase, the	1049
secretary of state shall determine by what percentage the minimum	1050
hourly rate has been increased under the act and establish a new	1051
maximum amount of per diem compensation that ~~judges of an~~precinct	1052
election officials may be paid under this section that is	1053
increased by the same percentage that the minimum hourly rate has	1054
been increased under the act.	1055

~~(E)~~(D)(1)(a) No board of elections shall increase the pay of	1056
a ~~judge of an~~precinct election official under this section	1057
during a calendar year unless the board has given written notice	1058
of the proposed increase to the board of county commissioners not	1059
later than the first day of October of the preceding calendar	1060
year.	1061

(b) Except as otherwise provided in division ~~(E)~~(D)(2) of	1062
this section, a board of elections may increase the pay of a ~~judge~~	1063
~~of an~~precinct election official during a calendar year by up to,	1064
but not exceeding, nine per cent over the compensation paid to a	1065
~~judge of an~~precinct election official in the county where the	1066
board is located during the previous calendar year, if the	1067
compensation so paid during the previous calendar year was	1068
eighty-five dollars or less per diem.	1069

(c) Except as otherwise provided in division ~~(E)~~(D)(2) of	1070
this section, a board of elections may increase the pay of a ~~judge~~	1071
~~of an~~precinct election official during a calendar year by up to,	1072
but not exceeding, four and one-half per cent over the	1073
compensation paid to a ~~judge of an~~precinct election official in	1074
the county where the board is located during the previous calendar	1075
year, if the compensation so paid during the previous calendar	1076
year was more than eighty-five but less than ninety-five dollars	1077
per diem.	1078

(2) The board of county commissioners may review and comment	1079
upon a proposed increase and may enter into a written agreement	1080
with a board of elections to permit an increase in the	1081
compensation paid to ~~judges of an~~precinct election officials for	1082
their services during a calendar year that is greater than the	1083
applicable percentage limitation described in division (E)(1)(b)	1084
or (c) of this section.	1085

~~(F)~~(E) No ~~judge of an~~precinct election official who works	1086
less than the full election day shall be paid the maximum amount	1087
allowed under this section or the maximum amount as set by the	1088
board of elections, whichever is less.	1089

~~(G)~~(F)(1) Except as otherwise provided in divisions ~~(G)~~(F)(4)	1090
to (6) of this section, any employee of the state or of any	1091
political subdivision of the state may serve as a ~~judge of~~	1092
~~elections~~precinct election official on the day of an election	1093
without loss of the employee's regular compensation for that day	1094
as follows:	1095

(a) For employees of a county office, department, commission,	1096
board, or other entity, or of a court of common pleas, county	1097
court, or county-operated municipal court, as defined in section	1098
1901.03 of the Revised Code, the employee's appointing authority	1099
may permit leave with pay for this service in accordance with a	1100
resolution setting forth the terms and conditions for that leave	1101
passed by the board of county commissioners.	1102

(b) For all other employees of a political subdivision of the	1103
state, leave with pay for this service shall be subject to the	1104
terms and conditions set forth in an ordinance or a resolution	1105
passed by the legislative authority of the applicable political	1106
subdivision.	1107

(c) For state employees, leave with pay for this service	1108
shall be subject to the terms and conditions set forth by the head	1109
of the state agency, as defined in section 1.60 of the Revised	1110
Code, by which the person is employed.	1111

(2) Any terms and conditions set forth by a board of county	1112
commissioners, legislative authority of a political subdivision,	1113
or head of a state agency under division (G)(1) of this section	1114
shall include a standard procedure for deciding which employees	1115
are permitted to receive leave with pay if multiple employees of	1116
an entity or court described in division (G)(1)(a) of this	1117
section, of an entity of a political subdivision described in	1118
division (G)(1)(b) of this section, or of a state agency as	1119
defined in section 1.60 of the Revised Code apply to serve as a	1120
~~judge of elections~~precinct election official on the day of an	1121
election. This procedure shall be applied uniformly to all	1122
similarly situated employees.	1123

(3) Any employee who is eligible for leave with pay under	1124
division (G)(1) of this section shall receive, in addition to the	1125
employee's regular compensation, the compensation paid to the	1126
~~judge of an~~precinct election official under division (B),or (C),	1127
~~or (D)~~ of this section.	1128

(4) Division ~~(G)~~(F)(1) of this section does not apply to	1129
either of the following:	1130

(a) Election officials;

1131

(b) Public school teachers.

1132

(5) Nothing in division ~~(G)~~(F)(1) of this section supersedes	1133
or negates any provision of a collective bargaining agreement in	1134
effect under Chapter 4117. of the Revised Code.	1135

(6) If a board of county commissioners, legislative authority	1136
of a political subdivision, or head of a state agency fails to set	1137
forth any terms and conditions under division ~~(G)~~(F)(1) of this	1138
section, an employee of an entity or court described in division	1139
~~(G)~~(F)(1)(a) of this section, of an entity of a political	1140
subdivision described in division ~~(G)~~(F)(1)(b) of this section, or	1141
of a state agency as defined in section 1.60 of the Revised Code	1142
may use personal leave, vacation leave, or compensatory time, or	1143
take unpaid leave, to serve as a ~~judge of elections~~precinct	1144
election official on the day of an election.	1145

~~(H)~~(G) The board of elections may withhold the compensation	1146
of any precinct election official for failure to obey the	1147
instructions of the board or to comply with the law relating to	1148
the duties of ~~such~~a precinct ~~judge~~election official. Any payment	1149
a ~~judge of an~~precinct election official is entitled to receive	1150
under section 3501.36 of the Revised Code is in addition to the	1151
compensation the ~~judge~~official is entitled to receive under this	1152
section.	1153

Sec. 3501.29. (A) The board of elections shall provide for	1154
each precinct a polling place and provide adequate facilities at	1155
each polling place for conducting the election. The board shall	1156
provide a sufficient number of screened or curtained voting	1157
compartments to which electors may retire and conveniently mark	1158
their ballots, protected from the observation of others. Each	1159
voting compartment shall be provided at all times with writing	1160
implements, instructions how to vote, and other necessary	1161
conveniences for marking the ballot. The ~~presiding judge~~voting	1162
location manager shall ensure that the voting compartments at all	1163
times are adequately lighted and contain the necessary supplies.	1164
The board shall utilize, in so far as practicable, rooms in public	1165
schools and other public buildings for polling places. Upon	1166
application of the board of elections, the authority which has the	1167
control of any building or grounds supported by taxation under the	1168
laws of this state, shall make available the necessary space	1169
therein for the purpose of holding elections and adequate space	1170
for the storage of voting machines, without charge for the use	1171
thereof. A reasonable sum may be paid for necessary janitorial	1172
service. When polling places are established in private buildings,	1173
the board may pay a reasonable rental therefor, and also the cost	1174
of liability insurance covering the premises when used for	1175
election purposes, or the board may purchase a single liability	1176
policy covering the board and the owners of the premises when used	1177
for election purposes. When removable buildings are supplied by	1178
the board, they shall be constructed under the contract let to the	1179
lowest and best bidder, and the board shall observe all ordinances	1180
and regulations then in force as to safety. The board shall remove	1181
all such buildings from streets and other public places within	1182
thirty days after an election, unless another election is to be	1183
held within ninety days.	1184

(B)(1) Except as otherwise provided in this section, the	1185
board shall ensure all of the following:	1186

(a) That polling places are free of barriers that would	1187
impede ingress and egress of handicapped persons;	1188

(b) That the minimum number of special parking locations,	1189
also known as handicapped parking spaces or disability parking	1190
spaces, for handicapped persons are designated at each polling	1191
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	1192
compliance with division (E) of section 4511.69 of the Revised	1193
Code.;	1194

(c) That the entrances of polling places are level or are	1195
provided with a nonskid ramp of not over eight per cent gradient;	1196

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

1197

(2) Notwithstanding division (B)(1)(a), (c), or (d) of this	1198
section, certain polling places may be specifically exempted by	1199
the secretary of state upon certification by a board of elections	1200
that a good faith, but unsuccessful, effort has been made to	1201
modify, or change the location of, such polling places.	1202

(C) At any polling place that is exempted from compliance by	1203
the secretary of state, the board of elections shall permit any	1204
handicapped elector who travels to that elector's polling place,	1205
but who is unable to enter the polling place, to vote, with the	1206
assistance of two polling place officials of major political	1207
parties, in the vehicle that conveyed that elector to the polling	1208
place, or to receive and cast that elector's ballot at the door of	1209
the polling place.	1210

(D) The secretary of state shall:

1211

(1) Work with other state agencies to facilitate the	1212
distribution of information and technical assistance to boards of	1213
elections to meet the requirements of division (B) of this	1214
section;	1215

(2) Work with organizations that represent or provide	1216
services to handicapped, disabled, or elderly citizens to effect a	1217
wide dissemination of information about the availability of	1218
absentee voting, voting in the voter's vehicle or at the door of	1219
the polling place, or other election services to handicapped,	1220
disabled, or elderly citizens.	1221

(E) Before the day of an election, the director of the board	1222
of elections of each county shall sign a statement verifying that	1223
each polling place that will be used in that county at that	1224
election meets the requirements of division (B)(1)(b) of this	1225
section. The signed statement shall be sent to the secretary of	1226
state by certified mail or electronically.	1227

(F) As used in this section, "handicapped" means having lost	1228
the use of one or both legs, one or both arms, or any combination	1229
thereof, or being blind or so severely disabled as to be unable to	1230
move about without the aid of crutches or a wheelchair.	1231

Sec. 3501.30. (A) The board of elections shall provide for	1232
each polling place the necessary ballot ~~boxes~~box, official	1233
ballots, cards of instructions, registration forms, pollbooks or	1234
poll lists, tally sheets, forms on which to make summary	1235
statements, writing implements, paper, and all other supplies	1236
necessary for casting and counting the ballots and recording the	1237
results of the voting at the polling place. The pollbooks or poll	1238
lists shall have certificates appropriately printed on them for	1239
the signatures of all the precinct officials, by which they shall	1240
certify that, to the best of their knowledge and belief, the	1241
pollbooks or poll lists correctly show the names of all electors	1242
who voted in the polling place at the election indicated in the	1243
pollbooks or poll lists.	1244

All of the following shall be included among the supplies	1245
provided to each polling place:	1246

(1) A large map of each appropriate precinct, which shall be	1247
displayed prominently to assist persons who desire to register or	1248
vote on election day. Each map shall show all streets within the	1249
precinct and contain identifying symbols of the precinct in bold	1250
print.	1251

(2) Any materials, postings, or instructions required to	1252
comply with state or federal laws;	1253

(3) A flag of the United States approximately two and	1254
one-half feet in length along the top, which shall be displayed	1255
outside the entrance to the polling place during the time it is	1256
open for voting;	1257

(4) Two or more small flags of the United States	1258
approximately fifteen inches in length along the top, which shall	1259
be placed at a distance of one hundred feet from the polling place	1260
on the thoroughfares or walkways leading to the polling place, to	1261
mark the distance within which persons other than election	1262
officials, observers, police officers, and electors waiting to	1263
mark, marking, or casting their ballots shall not loiter,	1264
congregate, or engage in any kind of election campaigning. Where	1265
small flags cannot reasonably be placed one hundred feet from the	1266
polling place, the ~~presiding election judge~~voting location	1267
manager shall place the flags as near to one hundred feet from the	1268
entrance to the polling place as is physically possible. Police	1269
officers and all election officials shall see that this	1270
prohibition against loitering and congregating is enforced.	1271

When the period of time during which the polling place is	1272
open for voting expires, all of the flags described in this	1273
division shall be taken into the polling place and shall be	1274
returned to the board together with all other election supplies	1275
required to be delivered to the board.	1276

(B) The board of elections shall follow the instructions and	1277
advisories of the secretary of state in the production and use of	1278
polling place supplies.	1279

Sec. 3501.31. The board of elections shall mail to each	1280
precinct election official notice of the date, hours, and place of	1281
holding each election in the official's respective precinct at	1282
which it desires the official to serve. Each of such officials	1283
shall notify the board immediately upon receipt of such notice of	1284
any inability to serve.	1285

The election official designated as ~~presiding judge~~voting	1286
location manager under section 3501.22 of the Revised Code shall	1287
call at the office of the board at such time before the day of the	1288
election, not earlier than the tenth day before the day of the	1289
election, as the board designates to obtain the ballots,	1290
pollbooks, registration forms and lists, and other material to be	1291
used in the official's polling place on election day.	1292

The board may also provide for the delivery of such materials	1293
to polling places in a municipal corporation by members of the	1294
police department of such municipal corporation; or the board may	1295
provide for the delivery of such materials to the ~~presiding judge~~	1296
voting location manager not earlier than the tenth day before the	1297
election, in any manner it finds to be advisable.	1298

On election day the precinct election officials shall	1299
punctually attend the polling place one-half hour before the time	1300
fixed for opening the polls. Each of the precinct election	1301
officials shall thereupon make and subscribe to a statement which	1302
shall be as follows:	1303

"State of Ohio	1304

County of ...............	1305

I do solemnly swear under the penalty of perjury that I will	1306
support the constitution of the United States of America and the	1307
constitution of the state of Ohio and its laws; that I have not	1308
been convicted of a felony or any violation of the election laws;	1309
that I will discharge to the best of my ability the duties of	1310
~~judge of~~precinct election official in and for precinct	1311
.................... in the .................... (township) or	1312
(ward and city or village) .................... in the county of	1313
...................., in the election to be held on the ..........	1314
day of ..............., ....., as required by law and the rules	1315
and instructions of the board of elections of said county; and	1316
that I will endeavor to prevent fraud in such election, and will	1317
report immediately to said board any violations of the election	1318
laws which come to my attention, and will not disclose any	1319
information as to how any elector voted which is gained by me in	1320
the discharge of my official duties.	1321

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

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

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

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

............................................................	1326

............................................................	1327

(Signatures of precinct election officials)"	1328

If any of the other precinct election officials is absent at	1329
that time, the ~~presiding judge~~voting location manager, with the	1330
concurrence of a majority of the precinct election officials	1331
present, shall appoint a qualified elector who is a member of the	1332
same political party as the political party of which such absent	1333
precinct election official is a member to fill the vacancy until	1334
the board appoints a person to fill such vacancy and the person so	1335
appointed reports for duty at the polling place. The ~~presiding~~	1336
~~judge~~voting location manager shall promptly notify the board of	1337
such vacancy by telephone or otherwise. The ~~presiding judge~~voting	1338
location manager also shall assign the precinct election officials	1339
to their respective duties and shall have general charge of the	1340
polling place.	1341

Sec. 3501.32. (A) Except as otherwise provided in division	1342
(B) of this section, on the day of the election the polls shall be	1343
opened by proclamation by the ~~presiding judge~~voting location	1344
manager, or in ~~his~~the manager's absence by a ~~presiding judge~~	1345
voting location manager chosen by the ~~judges~~precinct election	1346
officials, at six-thirty a.m. and shall be closed by proclamation	1347
at seven-thirty p.m. unless there are voters waiting in line to	1348
cast their ballots, in which case the polls shall be kept open	1349
until such waiting voters have voted.	1350

(B) On the day of the election, any polling place located on	1351
an island not connected to the mainland by a highway or a bridge	1352
may close earlier than seven-thirty p.m. if all registered voters	1353
in the precinct have voted. When a polling place closes under	1354
division (B) of this section the ~~presiding judge~~voting location	1355
manager shall immediately notify the board of elections of the	1356
closing.	1357

Sec. 3501.33. All ~~judges of~~precinct election officials	1358
shall enforce peace and good order in and about the place of	1359
registration or election. They shall especially keep the place of	1360
access of the electors to the polling place open and unobstructed	1361
and prevent and stop any improper practices or attempts tending to	1362
obstruct, intimidate, or interfere with any elector in registering	1363
or voting. They shall protect observers against molestation and	1364
violence in the performance of their duties, and may eject from	1365
the polling place any observer for violation of any provision of	1366
Title XXXV of the Revised Code. They shall prevent riots,	1367
violence, tumult, or disorder. In the discharge of these duties,	1368
they may call upon the sheriff, police, or other peace officers to	1369
aid them in enforcing the law. They may order the arrest of any	1370
person violating Title XXXV of the Revised Code, but such an	1371
arrest shall not prevent the person from registering or voting if	1372
the person is entitled to do so. The sheriff, all constables,	1373
police officers, and other officers of the peace shall immediately	1374
obey and aid in the enforcement of any lawful order made by the	1375
precinct election officials in the enforcement of Title XXXV of	1376
the Revised Code.	1377

Sec. 3501.35. (A) During an election and the counting of the	1378
ballots, no person shall do any of the following:	1379

(1) Loiter, congregate, or engage in any kind of election	1380
campaigning within the area between the polling place and the	1381
small flags of the United States placed on the thoroughfares and	1382
walkways leading to the polling place, and if the line of electors	1383
waiting to vote extends beyond those small flags, within ten feet	1384
of any elector in that line;	1385

(2) In any manner hinder or delay an elector in reaching or	1386
leaving the place fixed for casting the elector's ballot;	1387

(3) Give, tender, or exhibit any ballot or ticket to any	1388
person other than the elector's own ballot to the ~~judge of~~	1389
precinct election officials within the area between the polling	1390
place and the small flags of the United States placed on the	1391
thoroughfares and walkways leading to the polling place, and if	1392
the line of electors waiting to vote extends beyond those small	1393
flags, within ten feet of any elector in that line;	1394

(4) Exhibit any ticket or ballot which the elector intends to	1395
cast;	1396

(5) Solicit or in any manner attempt to influence any elector	1397
in casting the elector's vote.	1398

(B) Except as otherwise provided in division (C) of section	1399
3503.23 of the Revised Code, no person who is not an election	1400
official, employee, observer, or police officer shall be allowed	1401
to enter the polling place during the election, except for the	1402
purpose of voting or assisting another person to vote as provided	1403
in section 3505.24 of the Revised Code.	1404

(C) No more electors shall be allowed to approach the voting	1405
shelves at any time than there are voting shelves provided.	1406

(D) The ~~judges of~~precinct election officials and the police	1407
officer shall strictly enforce the observance of this section.	1408

Sec. 3501.37. After each election, the ~~judges of elections~~	1409
precinct election officials of each precinct, except when the	1410
board of elections assumes the duty, shall see that the movable	1411
booths and other equipment are returned for safekeeping to the	1412
fiscal officer of the township or to the clerk or auditor of the	1413
municipal corporation in which the precinct is situated. The	1414
fiscal officer, clerk, or auditor shall have booths and equipment	1415
on hand and in place at the polling places in each precinct before	1416
the time for opening the polls on election days, and for this	1417
service the board may allow the necessary expenses incurred. In	1418
cities, this duty shall devolve on the board.	1419

Sec. 3503.02. All registrars and ~~judges of elections~~	1420
precinct election officials, in determining the residence of a	1421
person offering to register or vote, shall be governed by the	1422
following rules:	1423

(A) That place shall be considered the residence of a person	1424
in which the person's habitation is fixed and to which, whenever	1425
the person is absent, the person has the intention of returning.	1426

(B) A person shall not be considered to have lost the	1427
person's residence who leaves the person's home and goes into	1428
another state or county of this state, for temporary purposes	1429
only, with the intention of returning.	1430

(C) A person shall not be considered to have gained a	1431
residence in any county of this state into which the person comes	1432
for temporary purposes only, without the intention of making such	1433
county the permanent place of abode.	1434

(D) The place where the family of a married person resides	1435
shall be considered to be the person's place of residence; except	1436
that when the spouses have separated and live apart, the place	1437
where such a spouse resides the length of time required to entitle	1438
a person to vote shall be considered to be the spouse's place of	1439
residence.	1440

(E) If a person removes to another state with the intention	1441
of making such state the person's residence, the person shall be	1442
considered to have lost the person's residence in this state.	1443

(F) Except as otherwise provided in division (G) of this	1444
section, if a person removes from this state and continuously	1445
resides outside this state for a period of four years or more, the	1446
person shall be considered to have lost the person's residence in	1447
this state, notwithstanding the fact that the person may entertain	1448
an intention to return at some future period.	1449

(G)(1) If a person removes from this state to engage in the	1450
services of the United States government, the person shall not be	1451
considered to have lost the person's residence in this state, and	1452
likewise should the person enter the employment of the state, the	1453
place where such person resided at the time of the person's	1454
removal shall be considered to be the person's place of residence.	1455

(2) If a person removes from this state to a location outside	1456
of the United States and the person does not become a resident of	1457
another state, the person shall not be considered to have lost the	1458
person's residence in this state. The place where the person	1459
resided at the time of the person's removal shall be considered to	1460
be the person's place of residence.	1461

(3) If a person is eligible to vote in this state under	1462
division (D)(2) of section 3511.011 of the Revised Code, the place	1463
where the person's parent or legal guardian resided in this state	1464
prior to that parent or legal guardian's removal to a location	1465
outside of the United States shall be considered to be the	1466
person's place of residence.	1467

(4) If an address that is considered to be a person's place	1468
of residence under division (G) of this section ceases to be a	1469
recognized residential address, the board of elections shall	1470
assign an address to the applicable person for voting purposes.	1471

(H) If a person goes into another state and while there	1472
exercises the right of a citizen by voting, the person shall be	1473
considered to have lost the person's residence in this state.	1474

(I) If a person does not have a fixed place of habitation,	1475
but has a shelter or other location at which the person has been a	1476
consistent or regular inhabitant and to which the person has the	1477
intention of returning, that shelter or other location shall be	1478
deemed the person's residence for the purpose of registering to	1479
vote.	1480

Sec. 3503.26. (A) All registration forms and lists, when not	1481
in official use by the registrars or ~~judges of elections~~precinct	1482
election officials, shall be in the possession of the board of	1483
elections. Names and addresses of electors may be copied from the	1484
registration lists only in the office of the board when it is open	1485
for business; but no such copying shall be permitted during the	1486
period of time commencing twenty-one days before an election and	1487
ending on the eleventh day after an election if such copying will,	1488
in the opinion of the board, interfere with the necessary work of	1489
the board. The board shall keep in convenient form and available	1490
for public inspection a correct set of the registration lists of	1491
all precincts in the county.	1492

(B) Notwithstanding division (A) of this section the board of	1493
elections shall maintain and make available for public inspection	1494
and copying at a reasonable cost all records concerning the	1495
implementation of programs and activities conducted for the	1496
purpose of ensuring the accuracy and currency of voter	1497
registration lists, including the names and addresses of all	1498
registered electors sent confirmation notices and whether or not	1499
the elector responded to the confirmation notice. The board shall	1500
maintain all records described in this division for a period of	1501
two years.	1502

Sec. 3505.07. (A) If the board of elections, by a unanimous	1503
vote of its members, or if the secretary of state, in the	1504
secretary of state's sole discretion, finds it impracticable to	1505
place the names of candidates for any office of a minor political	1506
subdivision in the county or the wording of any question or issue	1507
to be voted upon in such minor political subdivision on the	1508
ballots under sections 3505.01 to 3505.09 of the Revised Code,	1509
then such board may, or at the direction of the secretary of state	1510
shall, provide separate ballots for the candidates, question, or	1511
issue.	1512

(B) If the secretary of state, in the secretary of state's	1513
sole discretion, determines that it is impracticable to place the	1514
names of candidates for any office or the wording for any question	1515
or issue to be voted upon on the ballot when the candidates,	1516
question, issue, or wording for the question or issue was ordered	1517
onto the ballot by a court of competent jurisdiction and the	1518
ballots have been printed prior to the court order, the board of	1519
elections, at the direction of the secretary of state, shall	1520
provide separate ballots for the candidates, question, or issue.	1521

(C) All separate ballots provided for in this section shall	1522
conform in quality of paper, style of printing, form of ballot,	1523
arrangement of names, and in all other ways, in so far as	1524
practicable, with the provisions relating to the printing of the	1525
general official ballot. ~~Separate ballot boxes shall be provided~~	1526
~~for each such separate kind of ballot.~~	1527

Sec. 3505.08. (A) Ballots shall be provided by the board of	1528
elections for all general and special elections. The ballots shall	1529
be printed with black ink on No. 2 white book paper fifty pounds	1530
in weight per ream assuming such ream to consist of five hundred	1531
sheets of such paper twenty-five by thirty-eight inches in size.	1532
Each ballot shall have attached at the top two stubs, each of the	1533
width of the ballot and not less than one-half inch in length,	1534
except that, if the board of elections has an alternate method to	1535
account for the ballots that the secretary of state has	1536
authorized, each ballot may have only one stub that shall be the	1537
width of the ballot and not less than one-half inch in length. In	1538
the case of ballots with two stubs, the stubs shall be separated	1539
from the ballot and from each other by perforated lines. The top	1540
stub shall be known as Stub B and shall have printed on its face	1541
"Stub B." The other stub shall be known as Stub A and shall have	1542
printed on its face "Stub A." Each stub shall also have printed on	1543
its face "Consecutive Number .........."	1544

Each ballot of each kind of ballot provided for use in each	1545
precinct shall be numbered consecutively beginning with number 1	1546
by printing such number upon both of the stubs attached to the	1547
ballot. On ballots bearing the names of candidates, each	1548
candidate's name shall be printed in twelve point boldface upper	1549
case type in an enclosed rectangular space, and an enclosed blank	1550
rectangular space shall be provided at the left of the candidate's	1551
name. The name of the political party of a candidate nominated at	1552
a primary election or certified by a party committee shall be	1553
printed in ten point lightface upper and lower case type and shall	1554
be separated by a two point blank space. The name of each	1555
candidate shall be indented one space within the enclosed	1556
rectangular space, and the name of the political party shall be	1557
indented two spaces within the enclosed rectangular space.	1558

The title of each office on the ballots shall be printed in	1559
twelve point boldface upper and lower case type in a separate	1560
enclosed rectangular space. A four point rule shall separate the	1561
name of a candidate or a group of candidates for the same office	1562
from the title of the office next appearing below on the ballot; a	1563
two point rule shall separate the title of the office from the	1564
names of candidates; and a one point rule shall separate names of	1565
candidates. Headings shall be printed in display Roman type. When	1566
the names of several candidates are grouped together as candidates	1567
for the same office, there shall be printed on the ballots	1568
immediately below the title of the office and within the separate	1569
rectangular space in which the title is printed "Vote for not more	1570
than ........," in six point boldface upper and lower case filling	1571
the blank space with that number which will indicate the number of	1572
persons who may be lawfully elected to the office.	1573

Columns on ballots shall be separated from each other by a	1574
heavy vertical border or solid line at least one-eighth of an inch	1575
wide, and a similar vertical border or line shall enclose the left	1576
and right side of ballots. Ballots shall be trimmed along the	1577
sides close to such lines.	1578

The ballots provided for by this section shall be comprised	1579
of four kinds of ballots designated as follows: office type	1580
ballot; nonpartisan ballot; questions and issues ballot; and	1581
presidential ballot.	1582

On the back of each office type ballot shall be printed	1583
"Official Office Type Ballot;" on the back of each nonpartisan	1584
ballot shall be printed "Official Nonpartisan Ballot;" on the back	1585
of each questions and issues ballot shall be printed "Official	1586
Questions and Issues Ballot;" and on the back of each presidential	1587
ballot shall be printed "Official Presidential Ballot." OnAt the	1588
~~back~~end of every ballot also shall be printed the date of the	1589
election at which the ballot is used and the facsimile signatures	1590
of the members of the board of the county in which the ballot is	1591
used. For the purpose of identifying the kind of ballot, the back	1592
of every ballot may be numbered in the order the board shall	1593
determine. The numbers shall be printed in not less than	1594
thirty-six point type above the words "Official Office Type	1595
Ballot," "Official Nonpartisan Ballot," "Official Questions and	1596
Issues Ballot," or "Official Presidential Ballot," as the case may	1597
be. ~~Ballot boxes~~A ballot box bearing corresponding numbers shall	1598
be furnished for each precinct in which the above-described	1599
numbered ballots are used.	1600

On the back of every ballot used, there shall be a solid	1601
black line printed opposite the blank rectangular space that is	1602
used to mark the choice of the voter. This line shall be printed	1603
wide enough so that the mark in the blank rectangular space will	1604
not be visible from the back side of the ballot.	1605

Sample ballots may be printed by the board of elections for	1606
all general elections. The ballots shall be printed on colored	1607
paper, and "Sample Ballot" shall be plainly printed in boldface	1608
type on the face of each ballot. In counties of less than one	1609
hundred thousand population, the board may print not more than	1610
five hundred sample ballots; in all other counties, it may print	1611
not more than one thousand sample ballots. The sample ballots	1612
shall not be distributed by a political party or a candidate, nor	1613
shall a political party or candidate cause their title or name to	1614
be imprinted on sample ballots.	1615

(B) Notwithstanding division (A) of this section, in	1616
approving the form of an official ballot, the secretary of state	1617
may authorize the use of fonts, type face settings, and ballot	1618
formats other than those prescribed in that division.	1619

Sec. 3505.16. Before the opening of the polls, the package	1620
of supplies and the ballot ~~boxes~~box shall be opened in the	1621
presence of the precinct officials. The ballot ~~boxes~~box, the	1622
package of ballots, registration forms, and other supplies shall	1623
at all times be in full sight of the observers, and no ballot box	1624
or unused ballots during the balloting or counting shall be	1625
removed or screened from their full sight until the counting has	1626
been closed and the final returns completed and the certificate	1627
signed by the judges.	1628

Sec. 3505.17. If by accident or casualty the ballots or	1629
other required papers, lists, or supplies are lost or destroyed,	1630
or in case none are delivered at the polling place, or if during	1631
the time the polls are open additional ballots or supplies are	1632
required, the board of elections, upon requisition by telephone or	1633
in writing and signed by a majority of the precinct election	1634
~~judges~~officials of the precinct stating why such additional	1635
supplies are needed, shall supply them as speedily as possible.	1636

Sec. 3505.18. (A)(1) When an elector appears in a polling	1637
place to vote, the elector shall announce to the precinct election	1638
officials the elector's full name and current address and provide	1639
proof of the elector's identity in the form of a current and valid	1640
photo identification, a military identification, or a copy of a	1641
current utility bill, bank statement, government check, paycheck,	1642
or other government document, other than a notice of an election	1643
mailed by a board of elections under section 3501.19 of the	1644
Revised Code or a notice of voter registration mailed by a board	1645
of elections under section 3503.19 of the Revised Code, that shows	1646
the name and current address of the elector. If the elector	1647
provides either a driver's license or a state identification card	1648
issued under section 4507.50 of the Revised Code that does not	1649
contain the elector's current residence address, the elector shall	1650
provide the last four digits of the elector's driver's license	1651
number or state identification card number, and the precinct	1652
election official shall mark the poll list or signature pollbook	1653
to indicate that the elector has provided a driver's license or	1654
state identification card number with a former address and record	1655
the last four digits of the elector's driver's license number or	1656
state identification card number.	1657

(2) If an elector has but is unable to provide to the	1658
precinct election officials any of the forms of identification	1659
required under division (A)(1) of this section, but has a social	1660
security number, the elector may provide the last four digits of	1661
the elector's social security number. Upon providing the social	1662
security number information, the elector may cast a provisional	1663
ballot under section 3505.181 of the Revised Code, the envelope of	1664
which ballot shall include that social security number	1665
information.	1666

(3) If an elector has but is unable to provide to the	1667
precinct election officials any of the forms of identification	1668
required under division (A)(1) of this section and if the elector	1669
has a social security number but is unable to provide the last	1670
four digits of the elector's social security number, the elector	1671
may cast a provisional ballot under section 3505.181 of the	1672
Revised Code.	1673

(4) If an elector does not have any of the forms of	1674
identification required under division (A)(1) of this section and	1675
cannot provide the last four digits of the elector's social	1676
security number because the elector does not have a social	1677
security number, the elector may execute an affirmation under	1678
penalty of election falsification that the elector cannot provide	1679
the identification required under that division or the last four	1680
digits of the elector's social security number for those reasons.	1681
Upon signing the affirmation, the elector may cast a provisional	1682
ballot under section 3505.181 of the Revised Code. The secretary	1683
of state shall prescribe the form of the affirmation, which shall	1684
include spaces for all of the following:	1685

(a) The elector's name;

1686

(b) The elector's address;

1687

1688

(d) The elector's date of birth;

1689

(e) The elector's signature.

1690

(5) If an elector does not have any of the forms of	1691
identification required under division (A)(1) of this section and	1692
cannot provide the last four digits of the elector's social	1693
security number because the elector does not have a social	1694
security number, and if the elector declines to execute an	1695
affirmation under division (A)(4) of this section, the elector may	1696
cast a provisional ballot under section 3505.181 of the Revised	1697
Code, the envelope of which ballot shall include the elector's	1698
name.	1699

(6) If an elector has but declines to provide to the precinct	1700
election officials any of the forms of identification required	1701
under division (A)(1) of this section or the elector has a social	1702
security number but declines to provide to the precinct election	1703
officials the last four digits of the elector's social security	1704
number, the elector may cast a provisional ballot under section	1705
3505.181 of the Revised Code.	1706

(B) After the elector has announced the elector's full name	1707
and current address and provided any of the forms of	1708
identification required under division (A)(1) of this section, the	1709
elector shall write the elector's name and address at the proper	1710
place in the poll list or signature pollbook provided for the	1711
purpose, except that if, for any reason, an elector is unable to	1712
write the elector's name and current address in the poll list or	1713
signature pollbook, the elector may make the elector's mark at the	1714
place intended for the elector's name, and a precinct election	1715
official shall write the name of the elector at the proper place	1716
on the poll list or signature pollbook following the elector's	1717
mark. The making of such a mark shall be attested by the precinct	1718
election official, who shall evidence the same by signing the	1719
precinct election official's name on the poll list or signature	1720
pollbook as a witness to the mark. Alternatively, if applicable,	1721
an attorney in fact acting pursuant to section 3501.382 of the	1722
Revised Code may sign the elector's signature in the poll list or	1723
signature pollbook in accordance with that section.	1724

The elector's signature in the poll list or signature	1725
pollbook then shall be compared with the elector's signature on	1726
the elector's registration form or a digitized signature list as	1727
provided for in section 3503.13 of the Revised Code, and if, in	1728
the opinion of a majority of the precinct election officials, the	1729
signatures are the signatures of the same person, the election	1730
officials shall enter the date of the election on the registration	1731
form or shall record the date by other means prescribed by the	1732
secretary of state. The validity of an attorney in fact's	1733
signature on behalf of an elector shall be determined in	1734
accordance with section 3501.382 of the Revised Code.	1735

If the right of the elector to vote is not then challenged,	1736
or, if being challenged, the elector establishes the elector's	1737
right to vote, the elector shall be allowed to proceed to use the	1738
voting machine. If voting machines are not being used in that	1739
precinct, the ~~judge~~precinct election official in charge of	1740
ballots shall then detach the next ballots to be issued to the	1741
elector from Stub B attached to each ballot, leaving Stub A	1742
attached to each ballot, hand the ballots to the elector, and call	1743
the elector's name and the stub number on each of the ballots. The	1744
~~judge~~precinct election official shall enter the stub numbers	1745
opposite the signature of the elector in the pollbook. The elector	1746
shall then retire to one of the voting compartments to mark the	1747
elector's ballots. No mark shall be made on any ballot which would	1748
in any way enable any person to identify the person who voted the	1749
ballot.	1750

Sec. 3505.20. Any person offering to vote may be challenged	1751
at the polling place by any ~~judge of elections~~precinct election	1752
official. If the board of elections has ruled on the question	1753
presented by a challenge prior to election day, its finding and	1754
decision shall be final, and the ~~presiding judge~~voting location	1755
manager shall be notified in writing. If the board has not ruled,	1756
the question shall be determined as set forth in this section. If	1757
any person is so challenged as unqualified to vote, the ~~presiding~~	1758
~~judge~~voting location manager shall tender the person the	1759
following oath: "You do swear or affirm under penalty of election	1760
falsification that you will fully and truly answer all of the	1761
following questions put to you concerning your qualifications as	1762
an elector at this election."	1763

(A) If the person is challenged as unqualified on the ground	1764
that the person is not a citizen, the ~~judges~~precinct election	1765
officials shall put the following questions:	1766

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

1767

(2) Are you a native or naturalized citizen?

1768

(3) Where were you born?

1769

(4) What official documentation do you possess to prove your	1770
citizenship? Please provide that documentation.	1771

If the person offering to vote claims to be a naturalized	1772
citizen of the United States, the person shall, before the vote is	1773
received, produce for inspection of the ~~judges~~precinct election	1774
officials a certificate of naturalization and declare under oath	1775
that the person is the identical person named in the certificate.	1776
If the person states under oath that, by reason of the	1777
naturalization of the person's parents or one of them, the person	1778
has become a citizen of the United States, and when or where the	1779
person's parents were naturalized, the certificate of	1780
naturalization need not be produced. If the person is unable to	1781
provide a certificate of naturalization on the day of the	1782
election, the ~~judges~~precinct election officials shall provide to	1783
the person, and the person may vote, a provisional ballot under	1784
section 3505.181 of the Revised Code. The provisional ballot shall	1785
not be counted unless it is properly completed and the board of	1786
elections determines that the voter is properly registered and	1787
eligible to vote in the election.	1788

(B) If the person is challenged as unqualified on the ground	1789
that the person has not resided in this state for thirty days	1790
immediately preceding the election, the ~~judges~~precinct election	1791
officials shall put the following questions:	1792

(1) Have you resided in this state for thirty days	1793
immediately preceding this election? If so, where have you	1794
resided?	1795

(2) Did you properly register to vote?

1796

(3) Can you provide some form of identification containing	1797
your current mailing address in this precinct? Please provide that	1798
identification.	1799

(4) Have you voted or attempted to vote at any other location	1800
in this or in any other state at this election?	1801

(5) Have you applied for an absent voter's ballot in any	1802
state for this election?	1803

If the ~~judges~~precinct election officials are unable to	1804
verify the person's eligibility to cast a ballot in the election,	1805
the ~~judges~~precinct election officials shall provide to the	1806
person, and the person may vote, a provisional ballot under	1807
section 3505.181 of the Revised Code. The provisional ballot shall	1808
not be counted unless it is properly completed and the board of	1809
elections determines that the voter is properly registered and	1810
eligible to vote in the election.	1811

(C) If the person is challenged as unqualified on the ground	1812
that the person is not a resident of the precinct where the person	1813
offers to vote, the ~~judges~~precinct election officials shall put	1814
the following questions:	1815

(1) Do you reside in this precinct?

1816

(2) When did you move into this precinct?

1817

(3) When you came into this precinct, did you come for a	1818
temporary purpose merely or for the purpose of making it your	1819
home?	1820

(4) What is your current mailing address?

1821

(5) Do you have some official identification containing your	1822
current address in this precinct? Please provide that	1823
identification.	1824

(6) Have you voted or attempted to vote at any other location	1825
in this or in any other state at this election?	1826

(7) Have you applied for any absent voter's ballot in any	1827
state for this election?	1828

The ~~judges~~precinct election officials shall direct an	1829
individual who is not in the appropriate polling place to the	1830
appropriate polling place. If the individual refuses to go to the	1831
appropriate polling place, or if the ~~judges~~precinct election	1832
officials are unable to verify the person's eligibility to cast a	1833
ballot in the election, the ~~judges~~precinct election officials	1834
shall provide to the person, and the person may vote, a	1835
provisional ballot under section 3505.181 of the Revised Code. The	1836
provisional ballot shall not be counted unless it is properly	1837
completed and the board of elections determines that the voter is	1838
properly registered and eligible to vote in the election.	1839

(D) If the person is challenged as unqualified on the ground	1840
that the person is not of legal voting age, the ~~judges~~precinct	1841
election officials shall put the following questions:	1842

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

1843

(2) What is your date of birth?

1844

(3) Do you have some official identification verifying your	1845
age? Please provide that identification.	1846

If the ~~judges~~precinct election officials are unable to	1847
verify the person's age and eligibility to cast a ballot in the	1848
election, the ~~judges~~precinct election officials shall provide to	1849
the person, and the person may vote, a provisional ballot under	1850
section 3505.181 of the Revised Code. The provisional ballot shall	1851
not be counted unless it is properly completed and the board of	1852
elections determines that the voter is properly registered and	1853
eligible to vote in the election.	1854

The ~~presiding judge~~voting location manager shall put such	1855
other questions to the person challenged as are necessary to	1856
determine the person's qualifications as an elector at the	1857
election. If a person challenged refuses to answer fully any	1858
question put to the person, is unable to answer the questions as	1859
they were answered on the registration form by the person under	1860
whose name the person offers to vote, or refuses to sign the	1861
person's name or make the person's mark, or if for any other	1862
reason a majority of the ~~judges~~precinct election officials	1863
believes the person is not entitled to vote, the ~~judges~~precinct	1864
election officials shall provide to the person, and the person may	1865
vote, a provisional ballot under section 3505.181 of the Revised	1866
Code. The provisional ballot shall not be counted unless it is	1867
properly completed and the board of elections determines that the	1868
voter is properly registered and eligible to vote in the election.	1869

A qualified citizen who has certified the citizen's intention	1870
to vote for president and vice-president as provided by Chapter	1871
3504. of the Revised Code shall be eligible to receive only the	1872
ballot containing presidential and vice-presidential candidates.	1873

However, prior to the nineteenth day before the day of an	1874
election and in accordance with section 3503.24 of the Revised	1875
Code, any person qualified to vote may challenge the right of any	1876
other person to be registered as a voter, or the right to cast an	1877
absent voter's ballot, or to make application for such ballot.	1878
Such challenge shall be made in accordance with section 3503.24 of	1879
the Revised Code, and the board of elections of the county in	1880
which the voting residence of the challenged voter is situated	1881
shall make a final determination relative to the legality of such	1882
registration or application.	1883

Sec. 3505.21. (A) As used in this section, "during the	1884
casting of the ballots" includes any time during which a board of	1885
elections permits an elector to vote an absent voter's ballot in	1886
person at the office of the board and any time ballots may be cast	1887
in a precinct polling place on the day of an election.	1888

(B) At any primary, special, or general election, any	1889
political party supporting candidates to be voted upon at such	1890
election and any group of five or more candidates may appoint to	1891
the board of elections or to any of the precincts in the county or	1892
city one person, a qualified elector, who shall serve as observer	1893
for such party or such candidates during the casting of the	1894
ballots and during the counting of the ballots; provided that	1895
separate observers may be appointed to serve during the casting	1896
and during the counting of the ballots. No candidate, no uniformed	1897
peace officer as defined by section 2935.01 of the Revised Code,	1898
no uniformed state highway patrol trooper, no uniformed member of	1899
any fire department, no uniformed member of the armed services, no	1900
uniformed member of the organized militia, no person wearing any	1901
other uniform, and no person carrying a firearm or other deadly	1902
weapon shall serve as an observer, nor shall any candidate be	1903
represented by more than one observer at any one precinct or at	1904
the board of elections except that a candidate who is a member of	1905
a party controlling committee, as defined in section 3517.03 of	1906
the Revised Code, may serve as an observer. ~~Any~~	1907

(C) Any political party or group of candidates appointing	1908
observers shall notify the board of elections of the names and	1909
addresses of its appointees and the precincts at which they shall	1910
serve or that they will serve at the board of elections.	1911
Notification of observers appointed to serve on the day of an	1912
election shall take place not less than eleven days before the day	1913
of the election on forms prescribed by the secretary of state and	1914
may be amended by filing an amendment with the board of elections	1915
at any time until four p.m. of the day before the election.	1916
Notification of observers appointed to serve at the office of the	1917
board during the time absent voter's ballots may be cast in person	1918
shall take place not less than eleven days before absent voter's	1919
ballots are required to be ready for use pursuant to section	1920
3509.01 of the Revised Code on forms prescribed by the secretary	1921
of state and may be amended by filing an amendment with the board	1922
of elections at any time until four p.m. of the day before the	1923
observer is appointed to serve. The observer serving on behalf of	1924
a political party shall be appointed in writing by the chairperson	1925
and secretary of the respective controlling party committee.	1926
Observers serving for any five or more candidates shall have their	1927
certificates signed by those candidates. Observers appointed to a	1928
precinct may file their certificates of appointment with the	1929
~~presiding judge~~voting location manager of the precinct at the	1930
meeting on the evening prior to the election, or with the	1931
~~presiding judge~~voting location manager of the precinct on the day	1932
of the election. ~~Upon~~Observers appointed to the office of the	1933
board to observe the casting of absent voter's ballots in person	1934
prior to the day of the election may file their certificates with	1935
the director of the board of elections the day before or on the	1936
day that the observers are scheduled to serve at the office of the	1937
board.	1938

Upon the filing of a certificate, the person named as	1939
observer in the certificate shall be permitted to be in and about	1940
the applicable polling place ~~for the precinct~~ during the casting	1941
of the ballots and shall be permitted to watch every proceeding of	1942
the ~~judges of elections~~precinct election officials from the	1943
time of the opening until the closing of the polls. The observer	1944
also may inspect the counting of all ballots in the polling place	1945
or board of elections from the time of the closing of the polls	1946
until the counting is completed and the final returns are	1947
certified and signed. Observers appointed to serve at the board of	1948
elections on the day of an election under this section may observe	1949
at the board of elections and may observe at any precinct in the	1950
county. The ~~judges of elections~~precinct election officials shall	1951
protect such observers in all of the rights and privileges granted	1952
to them by Title XXXV of the Revised Code.	1953

(D) No persons other than the ~~judges of elections~~precinct	1954
election officials, the observers, a police officer, other persons	1955
who are detailed to any precinct on request of the board of	1956
elections, or the secretary of state or the secretary of state's	1957
legal representative shall be admitted to the polling place, or	1958
any room in which a board of elections is counting ballots, after	1959
the closing of the polls until the counting, certifying, and	1960
signing of the final returns of each election have been completed.	1961

(E) Not later than four p.m. of the twentieth day prior to an	1962
election at which questions are to be submitted to a vote of the	1963
people, any committee that in good faith advocates or opposes a	1964
measure may file a petition with the board of any county asking	1965
that the petitioners be recognized as the committee entitled to	1966
appoint observers to the count at the election. If more than one	1967
committee alleging themselves to advocate or oppose the same	1968
measure file such a petition, the board shall decide and announce	1969
by registered mail to each committee not less than twelve days	1970
immediately preceding the election which committee is recognized	1971
as being entitled to appoint observers. The decision shall not be	1972
final, but any aggrieved party may institute mandamus proceedings	1973
in the court of common pleas of the county in which the board has	1974
jurisdiction to compel the ~~judges of elections~~precinct election	1975
officials to accept the appointees of such aggrieved party. Any	1976
such recognized committee may appoint an observer to the count in	1977
each precinct. Committees appointing observers shall notify the	1978
board of elections of the names and addresses of its appointees	1979
and the precincts at which they shall serve. Notification shall	1980
take place not less than eleven days before the election on forms	1981
prescribed by the secretary of state and may be amended by filing	1982
an amendment with the board of elections at any time until four	1983
p.m. on the day before the election. A person so appointed shall	1984
file the person's certificate of appointment with the ~~presiding~~	1985
~~judge~~voting location manager in the precinct in which the person	1986
has been appointed to serve. Observers shall file their	1987
certificates before the polls are closed. In no case shall more	1988
than six observers be appointed for any one election in any one	1989
precinct. If more than three questions are to be voted on, the	1990
committees which have appointed observers may agree upon not to	1991
exceed six observers, and the ~~judges of elections~~precinct	1992
election officials shall appoint such observers. If such	1993
committees fail to agree, the ~~judges of elections~~precinct	1994
election officials shall appoint six observers from the appointees	1995
so certified, in such manner that each side of the several	1996
questions shall be represented.	1997

(F) No person shall serve as an observer at any precinct or	1998
at the board of elections unless the board of elections of the	1999
county in which such observer is to serve has first been notified	2000
of the name, address, and ~~precinct~~location at which such observer	2001
is to serve. Notification to the board of elections shall be given	2002
by the political party, group of candidates, or committee	2003
appointing such observer as prescribed in this section. No such	2004
observers shall receive any compensation from the county,	2005
municipal corporation, or township, and they shall take the	2006
following oath, to be administered by one of the ~~judges of~~	2007
~~elections~~precinct election officials:	2008

"You do solemnly swear that you will faithfully and	2009
impartially discharge the duties as an official observer, assigned	2010
by law; that you will not cause any delay to persons offering to	2011
vote; and that you will not disclose or communicate to any person	2012
how any elector has voted at such election."	2013

Sec. 3505.23. No voter shall be allowed to occupy a voting	2014
compartment or use a voting machine more than five minutes when	2015
all the voting compartments or machines are in use and voters are	2016
waiting to occupy them. Except as otherwise provided by section	2017
3505.24 of the Revised Code, no voter shall occupy a voting	2018
compartment or machine with another person or speak to anyone, nor	2019
shall anyone speak to the voter, while the voter is in a voting	2020
compartment or machine.	2021

In precincts that do not use voting machines the following	2022
procedure shall be followed:	2023

If a voter tears, soils, defaces, or erroneously marks a	2024
ballot the voter may return it to the precinct election officials	2025
and a second ballot shall be issued to the voter. Before returning	2026
a torn, soiled, defaced, or erroneously marked ballot, the voter	2027
shall fold it so as to conceal any marks the voter made upon it,	2028
but the voter shall not remove Stub A therefrom. If the voter	2029
tears, soils, defaces, or erroneously marks such second ballot,	2030
the voter may return it to the precinct election officials, and a	2031
third ballot shall be issued to the voter. In no case shall more	2032
than three ballots be issued to a voter. Upon receiving a returned	2033
torn, soiled, defaced, or erroneously marked ballot the precinct	2034
election officials shall detach Stub A therefrom, write "Defaced"	2035
on the back of such ballot, and place the stub and the ballot in	2036
the separate containers provided therefor.	2037

No elector shall leave the polling place until the elector	2038
returns to the precinct election officials every ballot issued to	2039
the elector with Stub A on each ballot attached thereto,	2040
regardless of whether the elector has or has not placed any marks	2041
upon the ballot.	2042

Before leaving the voting compartment, the voter shall fold	2043
each ballot marked by the voter so that no part of the face of the	2044
ballot is visible, and so that the printing thereon indicating the	2045
kind of ballot it is and the facsimile signatures of the members	2046
of the board of elections are visible. The voter shall then leave	2047
the voting compartment, deliver the voter's ballots, and state the	2048
voter's name to the ~~judge~~precinct election official having charge	2049
of the ballot ~~boxes~~box, who shall announce the name, detach Stub	2050
A from each ballot, and announce the number on the stubs. The	2051
~~judges~~precinct election officials in charge of the poll lists or	2052
poll books shall check to ascertain whether the number so	2053
announced is the number on Stub B of the ballots issued to such	2054
voter, and if no discrepancy appears to exist, the ~~judge~~precinct	2055
election official in charge of the ballot ~~boxes~~box shall, in the	2056
presence of the voter, deposit each such ballot in the ~~proper~~	2057
ballot box and shall place Stub A from each ballot in the	2058
container provided therefor. The voter shall then immediately	2059
leave the polling place.	2060

No ballot delivered by a voter to the ~~judge~~precinct election	2061
official in charge of the ballot ~~boxes~~box with Stub A detached	2062
therefrom, and only ballots provided in accordance with Title XXXV	2063
of the Revised Code, shall be voted or deposited in the ballot	2064
~~boxes~~box.	2065

In marking a presidential ballot, the voter shall record the	2066
vote in the manner provided on the ballot next to the names of the	2067
candidates for the offices of president and vice-president. Such	2068
ballot shall be considered and counted as a vote for each of the	2069
candidates for election as presidential elector whose names were	2070
certified to the secretary of state by the political party of such	2071
nominees for president and vice-president.	2072

In marking an office type ballot or nonpartisan ballot, the	2073
voter shall record the vote in the manner provided on the ballot	2074
next to the name of each candidate for whom the voter desires to	2075
vote.	2076

In marking a primary election ballot, the voter shall record	2077
the vote in the manner provided on the ballot next to the name of	2078
each candidate for whom the voter desires to vote. If the voter	2079
desires to vote for the nomination of a person whose name is not	2080
printed on the primary election ballot, the voter may do so by	2081
writing such person's name on the ballot in the proper place	2082
provided for such purpose.	2083

In marking a questions and issues ballot, the voter shall	2084
record the vote in the manner provided on the ballot at the left	2085
or at the right of "YES" or "NO" or other words of similar import	2086
which are printed on the ballot to enable the voter to indicate	2087
how the voter votes in connection with each question or issue upon	2088
which the voter desires to vote.	2089

In marking any ballot on which a blank space has been	2090
provided wherein an elector may write in the name of a person for	2091
whom the elector desires to vote, the elector shall write such	2092
person's name in such blank space and on no other place on the	2093
ballot. Unless specific provision is made by statute, no blank	2094
space shall be provided on a ballot for write-in votes, and any	2095
names written on a ballot other than in a blank space provided	2096
therefor shall not be counted or recorded.	2097

Sec. 3505.24. Any elector who declares to the ~~presiding~~	2098
~~judge of elections~~voting location manager that the elector is	2099
unable to mark the elector's ballot by reason of blindness,	2100
disability, or illiteracy may be accompanied in the voting booth	2101
and aided by any person of the elector's choice, other than the	2102
elector's employer, an agent of the elector's employer, or an	2103
officer or agent of the elector's union, if any. The elector also	2104
may request and receive assistance in the marking of the elector's	2105
ballot from two election officials of different political parties.	2106
Any person providing assistance in the marking of an elector's	2107
ballot under this section shall thereafter provide no information	2108
in regard to the marking of that ballot.	2109

Any ~~judge~~precinct election official may require a	2110
declaration of inability to be made by the elector under oath	2111
before the ~~judge~~official. Assistance shall not be rendered for	2112
causes other than those specified in this section, and no	2113
candidate whose name appears on the ballot shall assist any person	2114
in marking that person's ballot.	2115

Sec. 3505.26. At the time for closing the polls, the	2116
~~presiding judge~~voting location manager shall by proclamation	2117
announce that the polls are closed.	2118

The ~~judges~~precinct election officials shall then in the	2119
presence of observers proceed as follows:	2120

(A) Count the number of electors who voted, as shown on the	2121
pollbooks;	2122

(B) Count the unused ballots without removing stubs;

2123

2124

(D) Insert the totals of (A), (B), and (C) on the report	2125
forms provided therefor in the pollbook;	2126

(E) Count the voted ballots. If the number of voted ballots	2127
exceeds the number of voters whose names appear upon the	2128
pollbooks, the ~~presiding judge~~voting location manager shall enter	2129
on the pollbooks an explanation of that discrepancy, and that	2130
explanation, if agreed to, shall be subscribed to by all of the	2131
~~judges~~precinct election officials. Any ~~judge~~precinct official	2132
having a different explanation shall enter it in the pollbooks and	2133
subscribe to it.	2134

(F) Put the unused ballots with stubs attached, and soiled	2135
and defaced ballots with stubs attached, in the envelopes or	2136
containers provided therefor, certify the number, and then proceed	2137
to count and tally the votes in the manner prescribed by section	2138
3505.27 of the Revised Code and certify the result of the election	2139
to the board of elections.	2140

Sec. 3505.28. (A)(1) No ballot shall be counted which is	2141
marked contrary to law, except that no ballot shall be rejected	2142
for any technical error unless it is impossible to determine the	2143
voter's choice. If	2144

(2) A ballot is marked contrary to law and does not contain a	2145
technical error if the voter marks more selections for a	2146
particular office, question, or issue than the number of	2147
selections that the voter is allowed by law to make for that	2148
office, question, or issue.	2149

(3) Except as otherwise provided in this division, a voter	2150
makes more selections for a particular office than the voter is	2151
allowed by law to make for that office if the voter marks the	2152
ballot for a candidate and also writes in the name of a candidate	2153
as a write-in vote. If either of the following apply, then the	2154
ballot is not marked contrary to law and the ballot shall be	2155
counted:	2156

(a)(i) The voter marks the ballot for a candidate and writes	2157
in the same candidate's name;	2158

(ii) The ballots are counted at a central location using	2159
automatic tabulating equipment; and	2160

(iii) At least three members of the board of elections agree	2161
that the candidate's name, as it appears on the ballot, and the	2162
name of the candidate written in by the voter identify the same	2163
candidate.	2164

(b) The voter did not make more selections for a particular	2165
office, question, or issue than the number of selections that the	2166
voter is allowed by law to make.	2167

(4) If the voter makes more selections for a particular	2168
office, question, or issue than the number of selections that the	2169
voter is allowed by law to make, the voter's ballot shall be	2170
invalidated for that office, question, or issue, but shall not be	2171
invalidated for any other office, question, or issue for which the	2172
voter has not marked an excess number of selections.	2173

(B) If two or more ballots are found folded together among	2174
the ballots removed from a ballot box, they shall be deemed to be	2175
fraudulent. Such ballots shall not be counted. They shall be	2176
marked "Fraudulent" and shall be placed in an envelope indorsed	2177
"Not Counted" with the reasons therefor, and such envelope shall	2178
be delivered to the board of elections together with other	2179
uncounted ballots.	2180

(C) No ballot shall be rejected because of being marked with	2181
ink or by any writing instrument other than one of the pencils	2182
provided by the board of elections.	2183

Sec. 3505.29. From the time the ballot box is opened and the	2184
count of ballots begun until the ballots are counted and	2185
certificates of votes cast are made out, signed, certified and	2186
given to the ~~presiding judge~~voting location manager for delivery	2187
to the headquarters of the board of elections, the ~~judges~~precinct	2188
election officials in each precinct shall not separate, nor shall	2189
a ~~judge~~precinct election official leave the polling place except	2190
from unavoidable necessity. In cases of illness or unavoidable	2191
necessity, the board may substitute another qualified person for	2192
any precinct official so incapacitated.	2193

Sec. 3505.30. When the results of the ballots have been	2194
ascertained, such results shall be embodied in a summary statement	2195
to be prepared by the ~~judges~~precinct election officials in	2196
duplicate, on forms provided by the board of elections. One copy	2197
shall be certified by the ~~judges~~precinct election officials and	2198
posted on the front of the polling place, and one copy, similarly	2199
certified, shall be transmitted without delay to the board in a	2200
sealed envelope along with the other returns of the election. The	2201
board shall, immediately upon receipt of such summary statements,	2202
compile and prepare an unofficial count and upon its completion	2203
shall transmit prepaid, immediately by telephone, facsimile	2204
machine, or other telecommunications device, the results of such	2205
unofficial count to the secretary of state, or to the board of the	2206
most populous county of the district which is authorized to	2207
canvass the returns. Such count, in no event, shall be made later	2208
than twelve noon on the day following the election. The board	2209
shall also, at the same time, certify the results thereof to the	2210
secretary of state by certified mail. The board shall remain in	2211
session from the time of the opening of the polls, continuously,	2212
until the results of the election are received from every precinct	2213
in the county and such results are communicated to the secretary	2214
of state.	2215

Sec. 3505.31. When the results of the voting in a polling	2216
place on the day of an election have been determined and entered	2217
upon the proper forms and the certifications of those results have	2218
been signed by the precinct officials, those officials, before	2219
leaving the polling place, shall place all ballots that they have	2220
counted in containers provided for that purpose by the board of	2221
elections, and shall seal each container in a manner that it	2222
cannot be opened without breaking the seal or the material of	2223
which the container is made. They shall also seal the pollbook,	2224
poll list or signature pollbook, and tally sheet in a manner that	2225
the data contained in these items cannot be seen without breaking	2226
the seals. On the outside of these items shall be a plain	2227
indication that they are to be filed with the board. The ~~presiding~~	2228
~~judge~~voting location manager and an employee or appointee of the	2229
board of elections who has taken an oath to uphold the laws and	2230
constitution of this state, including an oath that the person will	2231
promptly and securely perform the duties required under this	2232
section and who is a member of a different political party than	2233
the ~~presiding judge~~voting location manager, shall then deliver to	2234
the board the containers of ballots and the sealed pollbook, poll	2235
list, and tally sheet, together with all other election reports,	2236
materials, and supplies required to be delivered to the board.	2237

The board shall carefully preserve all ballots prepared and	2238
provided by it for use in an election, whether used or unused, for	2239
sixty days after the day of the election, except that, if an	2240
election includes the nomination or election of candidates for any	2241
of the offices of president, vice-president, presidential elector,	2242
member of the senate of the congress of the United States, or	2243
member of the house of representatives of the congress of the	2244
United States, the board shall carefully preserve all ballots	2245
prepared and provided by it for use in that election, whether used	2246
or unused, for twenty-two months after the day of the election. If	2247
an election is held within that sixty-day period, the board shall	2248
have authority to transfer those ballots to other containers to	2249
preserve them until the sixty-day period has expired. After that	2250
sixty-day period, the ballots shall be disposed of by the board in	2251
a manner that the board orders, or where voting machines have been	2252
used the counters may be turned back to zero; provided that the	2253
secretary of state, within that sixty-day period, may order the	2254
board to preserve the ballots or any part of the ballots for a	2255
longer period of time, in which event the board shall preserve	2256
those ballots for that longer period of time.	2257

In counties where voting machines are used, if an election is	2258
to be held within the sixty days immediately following a primary,	2259
general, or special election or within any period of time within	2260
which the ballots have been ordered preserved by the secretary of	2261
state or a court of competent jurisdiction, the board, after	2262
giving notice to all interested parties and affording them an	2263
opportunity to have a representative present, shall open the	2264
compartments of the machines and, without unlocking the machines,	2265
shall recanvass the vote cast in them as if a recount were being	2266
held. The results shall be certified by the board, and this	2267
certification shall be filed in the board's office and retained	2268
for the remainder of the period for which ballots must be kept.	2269
After preparation of the certificate, the counters may be turned	2270
back to zero, and the machines may be used for the election.	2271

The board shall carefully preserve the pollbook, poll list or	2272
signature pollbook, and tally sheet delivered to it from each	2273
polling place until it has completed the official canvass of the	2274
election returns from all precincts in which electors were	2275
entitled to vote at an election, and has prepared and certified	2276
the abstracts of election returns, as required by law. The board	2277
shall not break, or permit anyone to break, the seals upon the	2278
pollbook, poll list or signature pollbook, and tally sheet, or	2279
make, or permit any one to make, any changes or notations in these	2280
items, while they are in its custody, except as provided by	2281
section 3505.32 of the Revised Code.	2282

Pollbooks and poll lists or signature pollbooks of a party	2283
primary election delivered to the board from polling places shall	2284
be carefully preserved by it for two years after the day of	2285
election in which they were used, and shall then be disposed of by	2286
the board in a manner that the board orders.	2287

Pollbooks, poll lists or signature pollbooks, tally sheets,	2288
summary statements, and other records and returns of an election	2289
delivered to it from polling places shall be carefully preserved	2290
by the board for two years after the day of the election in which	2291
they were used, and shall then be disposed of by the board in a	2292
manner that the board orders.	2293

Sec. 3506.021. (A) A board of elections may adopt the use of	2294
any electronic pollbook that has been certified for use in this	2295
state in accordance with section 3506.05 of the Revised Code,	2296
instead of using poll lists or signature pollbooks. A board of	2297
elections that opts to use electronic pollbooks shall notify the	2298
secretary of state of that decision.	2299

(B) The secretary of state shall provide each board of	2300
elections that adopts the use of electronic pollbooks under	2301
division (A) of this section with rules, instructions, directives,	2302
and advisories regarding the examination, testing, and use of	2303
electronic pollbooks, including rules regarding the sealing of the	2304
information in those pollbooks as required under section 3505.31	2305
of the Revised Code.	2306

(C) As used in this section, "electronic pollbook" has the	2307
same meaning as in section 3506.05 of the Revised Code.	2308

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

2309

(1) "Electronic pollbook" means an electronic list of	2310
registered voters for a particular precinct or polling location	2311
that may be transported to a polling location.	2312

(2) Except when used as part of the phrase "tabulating	2313
equipment" or "automatic tabulating equipment,":	2314

~~(1) "Equipment"~~"equipment" means a voting machine, marking	2315
device, automatic tabulating equipment, or software, or an	2316
electronic pollbook.	2317

~~(2)~~(3) "Vendor" means the person that owns, manufactures,	2318
distributes, or has the legal right to control the use of	2319
equipment, or the person's agent.	2320

(B) No voting machine, marking device, automatic tabulating	2321
equipment, or software for the purpose of casting or tabulating	2322
votes or for communications among systems involved in the	2323
tabulation, storage, or casting of votes, and no electronic	2324
pollbook, shall be purchased, leased, put in use, or continued to	2325
be used, except for experimental use as provided in division (B)	2326
of section 3506.04 of the Revised Code, unless it, a manual of	2327
procedures governing its use, and training materials, service, and	2328
other support arrangements have been certified by the secretary of	2329
state and unless the board of elections of each county where the	2330
equipment will be used has assured that a demonstration of the use	2331
of the equipment has been made available to all interested	2332
electors. The secretary of state shall appoint a board of voting	2333
machine examiners to examine and approve equipment and its related	2334
manuals and support arrangements. The board shall consist of four	2335
members, who shall be appointed as follows:	2336

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

2337

(2) One member appointed by either the speaker of the house	2338
of representatives or the minority leader of the house of	2339
representatives, whichever is a member of the opposite political	2340
party from the one to which the secretary of state belongs.	2341

(3) One member appointed by either the president of the	2342
senate or the minority leader of the senate, whichever is a member	2343
of the opposite political party from the one to which the	2344
secretary of state belongs.	2345

In all cases of a tie vote or a disagreement in the board, if	2346
no decision can be arrived at, the board shall submit the matter	2347
in controversy to the secretary of state, who shall summarily	2348
decide the question, and the secretary of state's decision shall	2349
be final. Each member of the board shall be a competent and	2350
experienced election officer or a person who is knowledgeable	2351
about the operation of voting equipment and shall serve during the	2352
secretary of state's term. Any vacancy on the board shall be	2353
filled in the same manner as the original appointment. The	2354
secretary of state shall provide staffing assistance to the board,	2355
at the board's request.	2356

For the member's service, each member of the board shall	2357
receive three hundred dollars per day for each combination of	2358
marking device, tabulating equipment, ~~and~~ voting machine, or	2359
electronic pollbook examined and reported, but in no event shall a	2360
member receive more than six hundred dollars to examine and report	2361
on any one marking device, item of tabulating equipment, or voting	2362
machine, or electronic pollbook. Each member of the board shall be	2363
reimbursed for expenses the member incurs during an examination or	2364
during the performance of any related duties that may be required	2365
by the secretary of state. Reimbursement of these expenses shall	2366
be made in accordance with, and shall not exceed, the rates	2367
provided for under section 126.31 of the Revised Code.	2368

Neither the secretary of state nor the board, nor any public	2369
officer who participates in the authorization, examination,	2370
testing, or purchase of equipment, shall have any pecuniary	2371
interest in the equipment or any affiliation with the vendor.	2372

(C)(1) A vendor who desires to have the secretary of state	2373
certify equipment shall first submit the equipment, all current	2374
related procedural manuals, and a current description of all	2375
related support arrangements to the board of voting machine	2376
examiners for examination, testing, and approval. The submission	2377
shall be accompanied by a fee of two thousand four hundred dollars	2378
and a detailed explanation of the construction and method of	2379
operation of the equipment, a full statement of its advantages,	2380
and a list of the patents and copyrights used in operations	2381
essential to the processes of vote recording and tabulating, vote	2382
storage, system security, pollbook storage and security, and other	2383
crucial operations of the equipment as may be determined by the	2384
board. An additional fee, in an amount to be set by rules	2385
promulgated by the board, may be imposed to pay for the costs of	2386
alternative testing or testing by persons other than board	2387
members, record-keeping, and other extraordinary costs incurred in	2388
the examination process. Moneys not used shall be returned to the	2389
person or entity submitting the equipment for examination.	2390

(2) Fees collected by the secretary of state under this	2391
section shall be deposited into the state treasury to the credit	2392
of the board of voting machine examiners fund, which is hereby	2393
created. All moneys credited to this fund shall be used solely for	2394
the purpose of paying for the services and expenses of each member	2395
of the board or for other expenses incurred relating to the	2396
examination, testing, reporting, or certification of ~~voting~~	2397
~~machine devices~~equipment, the performance of any related duties	2398
as required by the secretary of state, or the reimbursement of any	2399
person submitting an examination fee as provided in this chapter.	2400

(D) Within sixty days after the submission of the equipment	2401
and payment of the fee, or as soon thereafter as is reasonably	2402
practicable, but in any event within not more than ninety days	2403
after the submission and payment, the board of voting machine	2404
examiners shall examine the equipment and file with the secretary	2405
of state a written report on the equipment with its	2406
recommendations and, if applicable, its determination or condition	2407
of approval regarding whether the equipment, manual, and other	2408
related materials or arrangements meet the criteria set forth in	2409
sections 3506.07 and 3506.10 of the Revised Code and can be safely	2410
used by the voters at elections under the conditions prescribed in	2411
Title XXXV of the Revised Code, or a written statement of reasons	2412
for which testing requires a longer period. The board may grant	2413
temporary approval for the purpose of allowing experimental use of	2414
equipment. If the board finds that the equipment meets ~~the~~any	2415
applicable criteria set forth in sections 3506.06, 3506.07, and	2416
3506.10 of the Revised Code, can be used safely and, if	2417
applicable, can be depended upon to record and count accurately	2418
and continuously the votes of electors, and has the capacity to be	2419
warranted, maintained, and serviced, it shall approve the	2420
equipment and recommend that the secretary of state certify the	2421
equipment. The secretary of state shall notify all boards of	2422
elections of any such certification. Equipment of the same model	2423
and make, if it ~~provides for recording of voter intent, system~~	2424
~~security, voter privacy, retention of vote, and communication of~~	2425
~~voting records~~operates in an identical manner, may then be	2426
adopted for use at elections.	2427

(E) The vendor shall notify the secretary of state, who shall	2428
then notify the board of voting machine examiners, of any	2429
enhancement and any significant adjustment to the hardware or	2430
software that could result in a patent or copyright change or that	2431
significantly alters the methods of recording voter intent, system	2432
security, voter privacy, retention of the vote, communication of	2433
~~voting~~ records, and connections between the system and other	2434
systems. The vendor shall provide the secretary of state with an	2435
updated operations manual for the equipment, and the secretary of	2436
state shall forward the manual to the board. Upon receiving such a	2437
notification and manual, the board may require the vendor to	2438
submit the equipment to an examination and test in order for the	2439
equipment to remain certified. The board or the secretary of state	2440
shall periodically examine, test, and inspect certified equipment	2441
to determine continued compliance with the requirements of this	2442
chapter and the initial certification. Any examination, test, or	2443
inspection conducted for the purpose of continuing certification	2444
of any equipment in which a significant problem has been uncovered	2445
or in which a record of continuing problems exists shall be	2446
performed pursuant to divisions (C) and (D) of this section, in	2447
the same manner as the examination, test, or inspection is	2448
performed for initial approval and certification.	2449

(F) If, at any time after the certification of equipment, the	2450
board of voting machine examiners or the secretary of state is	2451
notified by a board of elections of any significant problem with	2452
the equipment or determines that the equipment fails to meet the	2453
requirements necessary for approval or continued compliance with	2454
the requirements of this chapter, or if the board of voting	2455
machine examiners determines that there are significant	2456
enhancements or adjustments to the hardware or software, or if	2457
notice of such enhancements or adjustments has not been given as	2458
required by division (E) of this section, the secretary of state	2459
shall notify the users and vendors of that equipment that	2460
certification of the equipment may be withdrawn.	2461

(G)(1) The notice given by the secretary of state under	2462
division (F) of this section shall be in writing and shall specify	2463
both of the following:	2464

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

2465

(b) The date on which certification will be withdrawn unless	2466
the vendor takes satisfactory corrective measures or explains why	2467
there are no problems with the equipment or why the enhancements	2468
or adjustments to the equipment are not significant.	2469

(2) A vendor who receives a notice under division (F) of this	2470
section shall, within thirty days after receiving it, submit to	2471
the board of voting machine examiners in writing a description of	2472
the corrective measures taken and the date on which they were	2473
taken, or the explanation required under division (G)(1)(b) of	2474
this section.	2475

(3) Not later than fifteen days after receiving a written	2476
description or explanation under division (G)(2) of this section	2477
from a vendor, the board shall determine whether the corrective	2478
measures taken or the explanation is satisfactory to allow	2479
continued certification of the equipment, and the secretary of	2480
state shall send the vendor a written notice of the board's	2481
determination, specifying the reasons for it. If the board has	2482
determined that the measures taken or the explanation given is	2483
unsatisfactory, the notice shall include the effective date of	2484
withdrawal of the certification. This date may be different from	2485
the date originally specified in division (G)(1)(b) of this	2486
section.	2487

(4) A vendor who receives a notice under division (G)(3) of	2488
this section indicating a decision to withdraw certification may,	2489
within thirty days after receiving it, request in writing that the	2490
board hold a hearing to reconsider its decision. Any interested	2491
party shall be given the opportunity to submit testimony or	2492
documentation in support of or in opposition to the board's	2493
recommendation to withdraw certification. Failure of the vendor to	2494
take appropriate steps as described in division (G)(1)(b) or to	2495
comply with division (G)(2) of this section results in a waiver of	2496
the vendor's rights under division (G)(4) of this section.	2497

(H)(1) The secretary of state, in consultation with the board	2498
of voting machine examiners, shall establish, by rule, guidelines	2499
for the approval, certification, and continued certification of	2500
the voting machines, marking devices, ~~and~~ tabulating equipment,	2501
and electronic pollbooks to be used under Title XXXV of the	2502
Revised Code. The guidelines shall establish procedures requiring	2503
vendors or computer software developers to place in escrow with an	2504
independent escrow agent approved by the secretary of state a copy	2505
of all source code and related documentation, together with	2506
periodic updates as they become known or available. The secretary	2507
of state shall require that the documentation include a system	2508
configuration and that the source code include all relevant	2509
program statements in low- or high-level languages. As used in	2510
this division, "source code" does not include variable codes	2511
created for specific elections.	2512

(2) Nothing in any rule adopted under division (H) of this	2513
section shall be construed to limit the ability of the secretary	2514
of state to follow or adopt, or to preclude the secretary of state	2515
from following or adopting, any guidelines proposed by the federal	2516
election commission, any entity authorized by the federal election	2517
commission to propose guidelines, the election assistance	2518
commission, or any entity authorized by the election assistance	2519
commission to propose guidelines.	2520

(3)(a) Before the initial certification of any direct	2521
recording electronic voting machine with a voter verified paper	2522
audit trail, and as a condition for the continued certification	2523
and use of those machines, the secretary of state shall establish,	2524
by rule, standards for the certification of those machines. Those	2525
standards shall include, but are not limited to, all of the	2526
following:	2527

(i) A definition of a voter verified paper audit trail as a	2528
paper record of the voter's choices that is verified by the voter	2529
prior to the casting of the voter's ballot and that is securely	2530
retained by the board of elections;	2531

(ii) Requirements that the voter verified paper audit trail	2532
shall not be retained by any voter and shall not contain	2533
individual voter information;	2534

(iii) A prohibition against the production by any direct	2535
recording electronic voting machine of anything that legally could	2536
be removed by the voter from the polling place, such as a receipt	2537
or voter confirmation;	2538

(iv) A requirement that paper used in producing a voter	2539
verified paper audit trail be sturdy, clean, and resistant to	2540
degradation;	2541

(v) A requirement that the voter verified paper audit trail	2542
shall be capable of being optically scanned for the purpose of	2543
conducting a recount or other audit of the voting machine and	2544
shall be readable in a manner that makes the voter's ballot	2545
choices obvious to the voter without the use of computer or	2546
electronic codes;	2547

(vi) A requirement, for office-type ballots, that the voter	2548
verified paper audit trail include the name of each candidate	2549
selected by the voter;	2550

(vii) A requirement, for questions and issues ballots, that	2551
the voter verified paper audit trail include the title of the	2552
question or issue, the name of the entity that placed the question	2553
or issue on the ballot, and the voter's ballot selection on that	2554
question or issue, but not the entire text of the question or	2555
issue.	2556

(b) The secretary of state, by rule adopted under Chapter	2557
119. of the Revised Code, may waive the requirement under division	2558
(H)(3)(a)(v) of this section, if the secretary of state determines	2559
that the requirement is cost prohibitive.	2560

(4)(a) Except as otherwise provided in division (H)(4)(c) of	2561
this section, any voting machine, marking device, or automatic	2562
tabulating equipment initially certified or acquired on or after	2563
December 1, 2008, shall have the most recent federal certification	2564
number issued by the election assistance commission.	2565

(b) Any voting machine, marking device, or automatic	2566
tabulating equipment certified for use in this state on September	2567
12, 2008, shall meet, as a condition of continued certification	2568
and use, the voting system standards adopted by the federal	2569
election commission in 2002.	2570

(c) A county that acquires additional voting machines,	2571
marking devices, or automatic tabulating equipment on or after	2572
December 1, 2008, shall not be considered to have acquired those	2573
machines, devices, or equipment on or after December 1, 2008, for	2574
the purpose of division (H)(4)(a) of this section if all of the	2575
following apply:	2576

(i) The voting machines, marking devices, or automatic	2577
tabulating equipment acquired are the same as the machines,	2578
devices, or equipment currently used in that county.	2579

(ii) The acquisition of the voting machines, marking devices,	2580
or automatic tabulating equipment does not replace or change the	2581
primary voting system used in that county.	2582

(iii) The acquisition of the voting machines, marking	2583
devices, or automatic tabulating equipment is for the purpose of	2584
replacing inoperable machines, devices, or equipment or for the	2585
purpose providing additional machines, devices, or equipment	2586
required to meet the allocation requirements established pursuant	2587
to division (I) of section 3501.11 of the Revised Code.	2588

Sec. 3506.12. In counties where marking devices, automatic	2589
tabulating equipment, voting machines, or any combination of these	2590
are in use or are to be used, the board of elections:	2591

(A) May combine, rearrange, and enlarge precincts; but the	2592
board shall arrange for a sufficient number of these devices to	2593
accommodate the number of electors in each precinct as determined	2594
by the number of votes cast in that precinct at the most recent	2595
election for the office of governor, taking into consideration the	2596
size and location of each selected polling place, available	2597
parking, handicap accessibility and other accessibility to the	2598
polling place, and the number of candidates and issues to be voted	2599
on. Notwithstanding section 3501.22 of the Revised Code, the board	2600
may appoint more than four precinct officers to each precinct if	2601
this is made necessary by the number of voting machines to be used	2602
in that precinct.	2603

(B) Except as otherwise provided in this division, shall	2604
establish one or more counting stations to receive voted ballots	2605
and other precinct election supplies after the polling precincts	2606
are closed. Those stations shall be under the supervision and	2607
direction of the board of elections. Processing and counting of	2608
voted ballots, and the preparation of summary sheets, shall be	2609
done in the presence of observers approved by the board. A	2610
certified copy of the summary sheet for the precinct shall be	2611
posted at each counting station immediately after completion of	2612
the summary sheet.	2613

~~In counties where punch card ballots are used, one or more~~	2614
~~counting stations, located at the board of elections, shall be~~	2615
~~established, at which location all punch card ballots shall be~~	2616
~~counted.~~	2617

~~As used in this division, "punch card ballot" has the same~~	2618
~~meaning as in section 3506.16 of the Revised Code.~~	2619

Sec. 3506.15. The secretary of state shall provide each	2620
board of elections with rules, instructions, directives, and	2621
advisories regarding the examination, testing, and use of the	2622
voting machine and tabulating equipment, the assignment of duties	2623
of booth officials, the procedure for casting a vote on the	2624
machine, and how the vote shall be tallied and reported to the	2625
board, and with other rules, instructions, directives, and	2626
advisories the secretary of state finds necessary to ensure the	2627
adequate care and custody of voting equipment, and the accurate	2628
registering, counting, and canvassing of the votes as required by	2629
this chapter. The boards of elections shall be charged with the	2630
responsibility of providing for the adequate instruction of voters	2631
and election officials in the proper use of the voting machine and	2632
marking devices. ~~The boards' instructions shall include, in~~	2633
~~counties where punch card ballots are used, instructions that each~~	2634
~~voter shall examine the voter's marked ballot card and remove any~~	2635
~~chads that remain partially attached to it before returning it to~~	2636
~~election officials.~~	2637

The secretary of state's rules, instructions, directives, and	2638
advisories provided under this section shall comply, insofar as	2639
practicable, with this chapter. The provisions of Title XXXV of	2640
the Revised Code, not inconsistent with the provisions relating to	2641
voting machines, apply in any county using a voting machine.	2642

~~As used in this section, "chad" and "punch card ballot" have~~	2643
~~the same meanings as in section 3506.16 of the Revised Code.~~	2644

Sec. 3509.01. (A) The board of elections of each county shall	2645
provide absent voter's ballots for use at every primary and	2646
general election, or special election to be held on the day	2647
specified by division (E) of section 3501.01 of the Revised Code	2648
for the holding of a primary election, designated by the general	2649
assembly for the purpose of submitting constitutional amendments	2650
proposed by the general assembly to the voters of the state. Those	2651
ballots shall be the same size, shall be printed on the same kind	2652
of paper, and shall be in the same form as has been approved for	2653
use at the election for which those ballots are to be voted;	2654
except that, in counties using marking devices, ballot cards may	2655
be used for absent voter's ballots, and those absent voters shall	2656
be instructed to record the vote in the manner provided on the	2657
ballot cards. ~~In counties where punch card ballots are used, those~~	2658
~~absent voters shall be instructed to examine their marked ballot~~	2659
~~cards and to remove any chads that remain partially attached to~~	2660
~~them before returning them to election officials.~~	2661

(B) The rotation of names of candidates and questions and	2662
issues shall be substantially complied with on absent voter's	2663
ballots, within the limitation of time allotted. Those ballots	2664
shall be designated as "Absent Voter's Ballots." Except as	2665
otherwise provided in division (D) of this section, those ballots	2666
shall be printed and ready for use as follows:	2667

(1) For overseas voters and absent uniformed services voters	2668
eligible to vote under the Uniformed and Overseas Citizens	2669
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	2670
1973ff, et seq., as amended, ballots shall be printed and ready	2671
for use on the forty-fifth day before the day of the election.	2672

(2) For all other voters who are applying to vote absent	2673
voter's ballots, ballots shall be printed and ready for use on the	2674
thirty-fifth day before the day of the election.	2675

(C) Absent voter's ballots provided for use at a general or	2676
primary election, or special election to be held on the day	2677
specified by division (E) of section 3501.01 of the Revised Code	2678
for the holding of a primary election, designated by the general	2679
assembly for the purpose of submitting constitutional amendments	2680
proposed by the general assembly to the voters of the state, shall	2681
include only those questions, issues, and candidacies that have	2682
been lawfully ordered submitted to the electors voting at that	2683
election.	2684

(D) If the laws governing the holding of a special election	2685
on a day other than the day on which a primary or general election	2686
is held make it impossible for absent voter's ballots to be	2687
printed and ready for use by the deadlines established in division	2688
(B) of this section, absent voter's ballots for those special	2689
elections shall be ready for use as many days before the day of	2690
the election as reasonably possible under the laws governing the	2691
holding of that special election.	2692

(E) A copy of the absent voter's ballots shall be forwarded	2693
by the director of the board in each county to the secretary of	2694
state at least twenty-five days before the election.	2695

~~(F) As used in this section, "chad" and "punch card ballot"~~	2696
~~have the same meanings as in section 3506.16 of the Revised Code.~~	2697

Sec. 3509.06. (A) The board of elections shall determine	2698
whether absent voter's ballots shall be counted in each precinct,	2699
at the office of the board, or at some other location designated	2700
by the board, and shall proceed accordingly under division (B) or	2701
(C) of this section.	2702

(B) When the board of elections determines that absent	2703
voter's ballots shall be counted in each precinct, the director	2704
shall deliver to the ~~presiding judge~~voting location manager of	2705
each precinct on election day identification envelopes purporting	2706
to contain absent voter's ballots of electors whose voting	2707
residence appears from the statement of voter on the outside of	2708
each of those envelopes, to be located in ~~such presiding judge's~~	2709
that manager's precinct, and which were received by the director	2710
not later than the close of the polls on election day. The	2711
director shall deliver to ~~such presiding judge~~the voting location	2712
manager a list containing the name and voting residence of each	2713
person whose voting residence is in such precinct to whom absent	2714
voter's ballots were mailed.	2715

(C) When the board of elections determines that absent	2716
voter's ballots shall be counted at the office of the board of	2717
elections or at another location designated by the board, special	2718
election ~~judges~~officials shall be appointed by the board for that	2719
purpose having the same authority as is exercised by precinct	2720
~~judges~~election officials. The votes so cast shall be added to the	2721
vote totals by the board, and the absent voter's ballots shall be	2722
preserved separately by the board, in the same manner and for the	2723
same length of time as provided by section 3505.31 of the Revised	2724
Code.	2725

(D) Each of the identification envelopes purporting to	2726
contain absent voter's ballots delivered to the ~~presiding judge~~	2727
voting location manager of the precinct or the special ~~judge~~	2728
election official appointed by the board of elections shall be	2729
handled as follows: The election officials shall compare the	2730
signature of the elector on the outside of the identification	2731
envelope with the signature of that elector on the elector's	2732
registration form and verify that the absent voter's ballot is	2733
eligible to be counted under section 3509.07 of the Revised Code.	2734
Any of the precinct officials may challenge the right of the	2735
elector named on the identification envelope to vote the absent	2736
voter's ballots upon the ground that the signature on the envelope	2737
is not the same as the signature on the registration form, or upon	2738
any other of the grounds upon which the right of persons to vote	2739
may be lawfully challenged. If no such challenge is made, or if	2740
such a challenge is made and not sustained, the ~~presiding judge~~	2741
voting location manager shall open the envelope without defacing	2742
the statement of voter and without mutilating the ballots in it,	2743
and shall remove the ballots contained in it and proceed to count	2744
them.	2745

The name of each person voting who is entitled to vote only	2746
an absent voter's presidential ballot shall be entered in a	2747
pollbook or poll list or signature pollbook followed by the words	2748
"Absentee Presidential Ballot." The name of each person voting an	2749
absent voter's ballot, other than such persons entitled to vote	2750
only a presidential ballot, shall be entered in the pollbook or	2751
poll list or signature pollbook and the person's registration card	2752
marked to indicate that the person has voted.	2753

The date of such election shall also be entered on the	2754
elector's registration form. If any such challenge is made and	2755
sustained, the identification envelope of such elector shall not	2756
be opened, shall be endorsed "Not Counted" with the reasons the	2757
ballots were not counted, and shall be delivered to the board.	2758

(E) Special election ~~judges~~officials, employees or members	2759
of the board of elections, or observers shall not disclose the	2760
count or any portion of the count of absent voter's ballots prior	2761
to the time of the closing of the polling places. No person shall	2762
recklessly disclose the count or any portion of the count of	2763
absent voter's ballots in such a manner as to jeopardize the	2764
secrecy of any individual ballot.	2765

(F) Observers may be appointed under section 3505.21 of the	2766
Revised Code to witness the examination and opening of	2767
identification envelopes and the counting of absent voters'	2768
ballots under this section.	2769

Sec. 3513.131. In the event two or more persons with	2770
identical surnames run for the same office in a primary election	2771
on the same ballot, the names of the candidates shall be	2772
differentiated on the ballot by varying combinations of first and	2773
middle names and initials. Within twenty-four hours after the	2774
final date for filing declarations of candidacy or petitions for	2775
candidacy, the director of the board of elections for local,	2776
municipal, county, general, or special elections, or the director	2777
of the board of elections of the most populous county for	2778
district, general, or special elections, or the secretary of state	2779
for state-wide general and special elections shall notify the	2780
persons with identical given names and surnames that the names of	2781
such persons will be differentiated on the ballot. If one of the	2782
candidates is an incumbent who is a candidate to succeed ~~himself~~	2783
self for the office hethe incumbent occupies, hethe incumbent	2784
shall have first choice of the name by which hethe incumbent is	2785
designated on the ballot. If an incumbent does not make a choice	2786
within two days after notification or if none of the candidates is	2787
an incumbent, the board of elections within three days after	2788
notification shall designate the names by which the candidates are	2789
identified on the ballot. In case of a district candidate the	2790
board of elections in the most populous county shall make the	2791
determination. In case of state-wide candidates, or in the case	2792
any board of elections fails to make a designation within three	2793
days after notification, the secretary of state shall immediately	2794
make the determination.	2795

"Notification" as required by this section shall be by the	2796
director of the board of elections or secretary of state by	2797
~~special delivery or telegram~~certified mail at the candidate's	2798
address listed in ~~his~~the candidate's declaration or petition of	2799
candidacy.	2800

Sec. 3513.18. Party primaries shall be held at the same	2801
place and time, but there shall be separate pollbooks,and tally	2802
sheets~~, and ballot boxes~~ provided at each polling place for each	2803
party participating in the election~~, and the ballot of each voter~~	2804
~~shall be placed in the ballot box of the party with which he is~~	2805
~~affiliated~~. ~~Each ballot box shall be plainly marked with the name~~	2806
~~of the political party whose ballots are to be placed therein, by~~	2807
~~letters pasted or printed thereon or by a card attached thereto,~~	2808
~~or both, and so placed that the designation may be easily seen and~~	2809
~~read by the voter.~~	2810

If a special election on a question or issue is held on the	2811
day of a primary election, there shall be provided in the	2812
pollbooks pages on which shall be recorded the names of all	2813
electors voting on said question or issue and not voting in such	2814
primary. It shall not be necessary for electors desiring to vote	2815
only on the question or issue to declare their political	2816
affiliation.	2817

Sec. 3513.19. (A) It is the duty of any ~~judge of elections~~	2818
precinct election official, whenever any ~~judge of elections~~such	2819
official doubts that a person attempting to vote at a primary	2820
election is legally entitled to vote at that election, to	2821
challenge the right of that person to vote. The right of a person	2822
to vote at a primary election may be challenged upon the following	2823
grounds:	2824

(1) That the person whose right to vote is challenged is not	2825
a legally qualified elector;	2826

(2) That the person has received or has been promised some	2827
valuable reward or consideration for the person's vote;	2828

(3) That the person is not affiliated with or is not a member	2829
of the political party whose ballot the person desires to vote.	2830
Such party affiliation shall be determined by examining the	2831
elector's voting record for the current year and the immediately	2832
preceding two calendar years as shown on the voter's registration	2833
card, using the standards of affiliation specified in the seventh	2834
paragraph of section 3513.05 of the Revised Code. Division (A)(3)	2835
of this section and the seventh paragraph of section 3513.05 of	2836
the Revised Code do not prohibit a person who holds an elective	2837
office for which candidates are nominated at a party primary	2838
election from doing any of the following:	2839

(a) If the person voted as a member of a different political	2840
party at any primary election within the current year and the	2841
immediately preceding two calendar years, being a candidate for	2842
nomination at a party primary held during the times specified in	2843
division (C)(2) of section 3513.191 of the Revised Code provided	2844
that the person complies with the requirements of that section;	2845

(b) Circulating the person's own petition of candidacy for	2846
party nomination in the primary election.	2847

(B) When the right of a person to vote is challenged upon the	2848
ground set forth in division (A)(3) of this section, membership in	2849
or political affiliation with a political party shall be	2850
determined by the person's statement, made under penalty of	2851
election falsification, that the person desires to be affiliated	2852
with and supports the principles of the political party whose	2853
primary ballot the person desires to vote.	2854

Sec. 3513.21. At the close of the polls in a primary	2855
election, the ~~judges of~~precinct election officials shall proceed	2856
without delay to canvass the vote, sign and seal it, and make	2857
returns thereof to the board of elections forthwith on the forms	2858
to be provided by the board. The provisions of Title XXXV of the	2859
Revised Code relating to the accounting for and return of all	2860
ballots at general elections apply to primary ballots.	2861

If there is any disagreement as to how a ballot should be	2862
counted it shall be submitted to all of the ~~judges~~precinct	2863
election officials. If three of the ~~judges~~precinct election	2864
officials do not agree as to how any part of the ballot shall be	2865
counted, that part of such ballot which three of the ~~judges~~	2866
officials do agree shall be counted and a notation made upon the	2867
ballot indicating what part has not been counted, and shall be	2868
placed in an envelope provided for that purpose, marked "Disputed	2869
Ballots" and returned to the board.	2870

The board shall, on the day when the vote is canvassed, open	2871
such sealed envelopes, determine what ballots and for whom they	2872
should be counted, and proceed to count and tally the votes on	2873
such ballots.	2874

Sec. 3515.04. At the time and place fixed for making a	2875
recount, the board of elections, in the presence of all observers	2876
who may be in attendance, shall open the sealed containers	2877
containing the ballots to be recounted, and shall recount them. If	2878
~~a county used punch card ballots and if a chad is attached to a~~	2879
~~punch card ballot by three or four corners, the voter shall be~~	2880
~~deemed by the board not to have recorded a candidate, question, or~~	2881
~~issue choice at the particular position on the ballot, and a vote~~	2882
~~shall not be counted at that particular position on the ballot in~~	2883
~~the recount.~~ Ballots shall be handled only by the members of the	2884
board or by the director or other employees of the board.	2885
Observers shall be permitted to see the ballots, but they shall	2886
not be permitted to touch them, and the board shall not permit the	2887
counting or tabulation of votes shown on the ballots for any	2888
nomination, or for election to any office or position, or upon any	2889
question or issue, other than the votes shown on such ballots for	2890
the nomination, election, question, or issue concerning which a	2891
recount of ballots was applied for.	2892

At any time before the ballots from all of the precincts	2893
listed in an application for the recount or involved in a recount	2894
pursuant to section 3515.011 of the Revised Code have been	2895
recounted, the applicant or declared losing candidate or nominee	2896
or each of the declared losing candidates or nominees entitled to	2897
file a request prior to the commencement of a recount, as provided	2898
in section 3515.03 of the Revised Code, may file with the board a	2899
written request to stop the recount and not recount the ballots	2900
from the precincts so listed that have not been recounted prior to	2901
the time of the request. If, upon the request, the board finds	2902
that results of the votes in the precincts recounted, if	2903
substituted for the results of the votes in those precincts as	2904
shown in the abstract of the votes in those precincts, would not	2905
cause the applicant, if a person for whom votes were cast for	2906
nomination or election, to be declared nominated or elected or if	2907
an election upon a question or issue would not cause a result	2908
contrary to the result as declared prior to such recount, it shall	2909
grant the request and shall not recount the ballots of the	2910
precincts listed in the application for recount that have not been	2911
recounted prior to that time. If the board finds otherwise, it	2912
shall deny the request and shall continue to recount ballots until	2913
the ballots from all of the precincts listed in the application	2914
for recount have been recounted; provided that, if the request is	2915
denied, it may be renewed from time to time. Upon any such	2916
renewal, the board shall consider and act upon the request in the	2917
same manner as provided in this section in connection with an	2918
original request.	2919

~~As used in this section, "chad" and "punch card ballot" have~~	2920
~~the same meanings as in section 3506.16 of the Revised Code.~~	2921

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

2922

(1) "Statewide office" means any of the offices of governor,	2923
lieutenant governor, secretary of state, auditor of state,	2924
treasurer of state, attorney general, chief justice of the supreme	2925
court, and justice of the supreme court.	2926

(2) "Addendum to a statement" includes an amendment or other	2927
correction to that statement.	2928

(B)(1) The secretary of state shall store on computer the	2929
information contained in statements of contributions and	2930
expenditures and monthly statements required to be filed under	2931
section 3517.10 of the Revised Code and in statements of	2932
independent expenditures required to be filed under section	2933
3517.105 of the Revised Code by any of the following:	2934

(a) The campaign committees of candidates for statewide	2935
office;	2936

(b) The political action committees and political	2937
contributing entities described in division (A)(1) of section	2938
3517.11 of the Revised Code;	2939

2940

(d) State political parties;

2941

(e) Individuals, partnerships, corporations, labor	2942
organizations, or other entities that make independent	2943
expenditures in support of or opposition to a statewide candidate	2944
or a statewide ballot issue or question;	2945

(f) The campaign committees of candidates for the office of	2946
member of the general assembly;	2947

(g) County political parties, with respect to their state	2948
candidate funds.	2949

(2) The secretary of state shall store on computer the	2950
information contained in disclosure of electioneering	2951
communications statements required to be filed under section	2952
3517.1011 of the Revised Code.	2953

(3) The secretary of state shall store on computer the	2954
information contained in deposit and disbursement statements	2955
required to be filed with the office of the secretary of state	2956
under section 3517.1012 of the Revised Code.	2957

(4) The secretary of state shall store on computer the gift	2958
and disbursement information contained in statements required to	2959
be filed with the office of the secretary of state under section	2960
3517.1013 of the Revised Code.	2961

(5) The secretary of state shall store on computer the	2962
information contained in donation and disbursement statements	2963
required to be filed with the office of the secretary of state	2964
under section 3517.1014 of the Revised Code.	2965

(C)(1) The secretary of state shall make available to the	2966
campaign committees, political action committees, political	2967
contributing entities, legislative campaign funds, political	2968
parties, individuals, partnerships, corporations, labor	2969
organizations, treasurers of transition funds, and other entities	2970
described in division (B) of this section, and to members of the	2971
news media and other interested persons, for a reasonable fee,	2972
computer programs that are compatible with the secretary of	2973
state's method of storing the information contained in the	2974
statements.	2975

(2) The secretary of state shall make the information	2976
required to be stored under division (B) of this section available	2977
on computer at the secretary of state's office so that, to the	2978
maximum extent feasible, individuals may obtain at the secretary	2979
of state's office any part or all of that information for any	2980
given year, subject to the limitation expressed in division (D) of	2981
this section.	2982

(D) The secretary of state shall keep the information stored	2983
on computer under division (B) of this section for at least six	2984
years.	2985

(E)(1) Subject to division (L) of this section and subject to	2986
the secretary of state having implemented, tested, and verified	2987
the successful operation of any system the secretary of state	2988
prescribes pursuant to division (H)(1) of this section and	2989
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2990
Code for the filing of campaign finance statements by electronic	2991
means of transmission, the campaign committee of each candidate	2992
for statewide office may file the statements prescribed by section	2993
3517.10 of the Revised Code by electronic means of transmission	2994
or, if the total amount of the contributions received or the total	2995
amount of the expenditures made by the campaign committee for the	2996
applicable reporting period as specified in division (A) of	2997
section 3517.10 of the Revised Code exceeds ten thousand dollars,	2998
shall file those statements by electronic means of transmission.	2999

Except as otherwise provided in this division, within five	3000
business days after a statement filed by a campaign committee of a	3001
candidate for statewide office is received by the secretary of	3002
state by electronic or other means of transmission, the secretary	3003
of state shall make available online to the public through the	3004
internet, as provided in division (I) of this section, the	3005
contribution and expenditure information in that statement. The	3006
secretary of state shall not make available online to the public	3007
through the internet any contribution or expenditure information	3008
contained in a statement for any candidate until the secretary of	3009
state is able to make available online to the public through the	3010
internet the contribution and expenditure information for all	3011
candidates for a particular office, or until the applicable filing	3012
deadline for that statement has passed, whichever is sooner. As	3013
soon as the secretary of state has available all of the	3014
contribution and expenditure information for all candidates for a	3015
particular office, or as soon as the applicable filing deadline	3016
for a statement has passed, whichever is sooner, the secretary of	3017
state shall simultaneously make available online to the public	3018
through the internet the information for all candidates for that	3019
office.	3020

If a statement filed by electronic means of transmission is	3021
found to be incomplete or inaccurate after the examination of the	3022
statement for completeness and accuracy pursuant to division	3023
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3024
committee shall file by electronic means of transmission any	3025
addendum to the statement that provides the information necessary	3026
to complete or correct the statement or, if required by the	3027
secretary of state under that division, an amended statement.	3028

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

(2) 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 political action committee and	3043
a political contributing entity described in division (B)(1)(b) of	3044
this section, a legislative campaign fund, and a state political	3045
party may file the statements prescribed by section 3517.10 of the	3046
Revised Code by electronic means of transmission or, if the total	3047
amount of the contributions received or the total amount of the	3048
expenditures made by the political action committee, political	3049
contributing entity, legislative campaign fund, or state political	3050
party for the applicable reporting period as specified in division	3051
(A) of section 3517.10 of the Revised Code exceeds ten thousand	3052
dollars, shall file those statements by electronic means of	3053
transmission.	3054

Within five business days after a statement filed by a	3055
political action committee or a political contributing entity	3056
described in division (B)(1)(b) of this section, a legislative	3057
campaign fund, or a state political party is received by the	3058
secretary of state by electronic or other means of transmission,	3059
the secretary of state shall make available online to the public	3060
through the internet, as provided in division (I) of this section,	3061
the contribution and expenditure information in that statement.	3062

If a statement filed by electronic means of transmission is	3063
found to be incomplete or inaccurate after the examination of the	3064
statement for completeness and accuracy pursuant to division	3065
(B)(3)(a) of section 3517.11 of the Revised Code, the political	3066
action committee, political contributing entity, legislative	3067
campaign fund, or state political party shall file by electronic	3068
means of transmission any addendum to the statement that provides	3069
the information necessary to complete or correct the statement or,	3070
if required by the secretary of state under that division, an	3071
amended statement.	3072

Within five business days after the secretary of state	3073
receives from a political action committee or a political	3074
contributing entity described in division (B)(1)(b) of this	3075
section, a legislative campaign fund, or a state political party	3076
an addendum to the statement or an amended statement by electronic	3077
or other means of transmission under this division or division	3078
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3079
state shall make the contribution and expenditure information in	3080
the addendum or amended statement available online to the public	3081
through the internet as provided in division (I) of this section.	3082

(3) Subject to the secretary of state having implemented,	3083
tested, and verified the successful operation of any system the	3084
secretary of state prescribes pursuant to division (H)(1) of this	3085
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3086
the Revised Code for the filing of campaign finance statements by	3087
electronic means of transmission, a county political party shall	3088
file the statements prescribed by section 3517.10 of the Revised	3089
Code with respect to its state candidate fund by electronic means	3090
of transmission to the office of the secretary of state.	3091

Within five business days after a statement filed by a county	3092
political party with respect to its state candidate fund is	3093
received by the secretary of state by electronic means of	3094
transmission, the secretary of state shall make available online	3095
to the public through the internet, as provided in division (I) of	3096
this section, the contribution and expenditure information in that	3097
statement.	3098

If a statement is found to be incomplete or inaccurate after	3099
the examination of the statement for completeness and accuracy	3100
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	3101
Code, a county political party shall file by electronic means of	3102
transmission any addendum to the statement that provides the	3103
information necessary to complete or correct the statement or, if	3104
required by the secretary of state under that division, an amended	3105
statement.	3106

Within five business days after the secretary of state	3107
receives from a county political party an addendum to the	3108
statement or an amended statement by electronic means of	3109
transmission under this division or division (B)(3)(a) of section	3110
3517.11 of the Revised Code, the secretary of state shall make the	3111
contribution and expenditure information in the addendum or	3112
amended statement available online to the public through the	3113
internet as provided in division (I) of this section.	3114

(F)(1) Subject to division (L) of this section and subject to	3115
the secretary of state having implemented, tested, and verified	3116
the successful operation of any system the secretary of state	3117
prescribes pursuant to division (H)(1) of this section and	3118
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3119
Code for the filing of campaign finance statements by electronic	3120
means of transmission, a campaign committee of a candidate for the	3121
office of member of the general assembly or a campaign committee	3122
of a candidate for the office of judge of a court of appeals may	3123
file the statements prescribed by section 3517.10 of the Revised	3124
Code in accordance with division (A)(2) of section 3517.11 of the	3125
Revised Code or by electronic means of transmission to the office	3126
of the secretary of state or, if the total amount of the	3127
contributions received by the campaign committee for the	3128
applicable reporting period as specified in division (A) of	3129
section 3517.10 of the Revised Code exceeds ten thousand dollars,	3130
shall file those statements by electronic means of transmission to	3131
the office of the secretary of state.	3132

Except as otherwise provided in this division, within five	3133
business days after a statement filed by a campaign committee of a	3134
candidate for the office of member of the general assembly or a	3135
campaign committee of a candidate for the office of judge of a	3136
court of appeals is received by the secretary of state by	3137
electronic or other means of transmission, the secretary of state	3138
shall make available online to the public through the internet, as	3139
provided in division (I) of this section, the contribution and	3140
expenditure information in that statement. The secretary of state	3141
shall not make available online to the public through the internet	3142
any contribution or expenditure information contained in a	3143
statement for any candidate until the secretary of state is able	3144
to make available online to the public through the internet the	3145
contribution and expenditure information for all candidates for a	3146
particular office, or until the applicable filing deadline for	3147
that statement has passed, whichever is sooner. As soon as the	3148
secretary of state has available all of the contribution and	3149
expenditure information for all candidates for a particular	3150
office, or as soon as the applicable filing deadline for a	3151
statement has passed, whichever is sooner, the secretary of state	3152
shall simultaneously make available online to the public through	3153
the internet the information for all candidates for that office.	3154

If a statement filed by electronic means of transmission is	3155
found to be incomplete or inaccurate after the examination of the	3156
statement for completeness and accuracy pursuant to division	3157
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	3158
committee shall file by electronic means of transmission to the	3159
office of the secretary of state any addendum to the statement	3160
that provides the information necessary to complete or correct the	3161
statement or, if required by the secretary of state under that	3162
division, an amended statement.	3163

Within five business days after the secretary of state	3164
receives from a campaign committee of a candidate for the office	3165
of member of the general assembly or a campaign committee of a	3166
candidate for the office of judge of a court of appeals an	3167
addendum to the statement or an amended statement by electronic or	3168
other means of transmission under this division or division	3169
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	3170
state shall make the contribution and expenditure information in	3171
the addendum or amended statement available online to the public	3172
through the internet as provided in division (I) of this section.	3173

(2) If a statement, addendum, or amended statement is not	3174
filed by electronic means of transmission to the office of the	3175
secretary of state but is filed by printed version only under	3176
division (A)(2) of section 3517.11 of the Revised Code with the	3177
appropriate board of elections, the campaign committee of a	3178
candidate for the office of member of the general assembly or a	3179
campaign committee of a candidate for the office of judge of a	3180
court of appeals shall file two copies of the printed version of	3181
the statement, addendum, or amended statement with the board of	3182
elections. The board of elections shall send one of those copies	3183
by certified mail or an electronic copy to the secretary of state	3184
before the close of business on the day the board of elections	3185
receives the statement, addendum, or amended statement.	3186

(G) Subject to the secretary of state having implemented,	3187
tested, and verified the successful operation of any system the	3188
secretary of state prescribes pursuant to division (H)(1) of this	3189
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	3190
the Revised Code for the filing of campaign finance statements by	3191
electronic means of transmission, any individual, partnership, or	3192
other entity that makes independent expenditures in support of or	3193
opposition to a statewide candidate or a statewide ballot issue or	3194
question as provided in division (B)(2)(b) or (C)(2)(b) of section	3195
3517.105 of the Revised Code may file the statement specified in	3196
that division by electronic means of transmission or, if the total	3197
amount of independent expenditures made during the reporting	3198
period under that division exceeds ten thousand dollars, shall	3199
file the statement specified in that division by electronic means	3200
of transmission.	3201

Within five business days after a statement filed by an	3202
individual, partnership, or other entity is received by the	3203
secretary of state by electronic or other means of transmission,	3204
the secretary of state shall make available online to the public	3205
through the internet, as provided in division (I) of this section,	3206
the expenditure information in that statement.	3207

If a statement filed by electronic means of transmission is	3208
found to be incomplete or inaccurate after the examination of the	3209
statement for completeness and accuracy pursuant to division	3210
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	3211
partnership, or other entity shall file by electronic means of	3212
transmission any addendum to the statement that provides the	3213
information necessary to complete or correct the statement or, if	3214
required by the secretary of state under that division, an amended	3215
statement.	3216

Within five business days after the secretary of state	3217
receives from an individual, partnership, or other entity	3218
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	3219
of the Revised Code an addendum to the statement or an amended	3220
statement by electronic or other means of transmission under this	3221
division or division (B)(3)(a) of section 3517.11 of the Revised	3222
Code, the secretary of state shall make the expenditure	3223
information in the addendum or amended statement available online	3224
to the public through the internet as provided in division (I) of	3225
this section.	3226

(H)(1) The secretary of state, by rule adopted pursuant to	3227
section 3517.23 of the Revised Code, shall prescribe one or more	3228
techniques by which a person who executes and transmits by	3229
electronic means a statement of contributions and expenditures, a	3230
statement of independent expenditures, a disclosure of	3231
electioneering communications statement, a deposit and	3232
disbursement statement, a gift and disbursement statement, or a	3233
donation and disbursement statement, an addendum to any of those	3234
statements, an amended statement of contributions and	3235
expenditures, an amended statement of independent expenditures, an	3236
amended disclosure of electioneering communications statement, an	3237
amended deposit and disbursement statement, an amended gift and	3238
disbursement statement, or an amended donation and disbursement	3239
statement, under this section or section 3517.10, 3517.105,	3240
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code	3241
shall electronically sign the statement, addendum, or amended	3242
statement. Any technique prescribed by the secretary of state	3243
pursuant to this division shall create an electronic signature	3244
that satisfies all of the following:	3245

(a) It is unique to the signer.

3246

(b) It objectively identifies the signer.

3247

(c) It involves the use of a signature device or other means	3248
or method that is under the sole control of the signer and that	3249
cannot be readily duplicated or compromised.	3250

(d) It is created and linked to the electronic record to	3251
which it relates in a manner that, if the record or signature is	3252
intentionally or unintentionally changed after signing, the	3253
electronic signature is invalidated.	3254

(2) An electronic signature prescribed by the secretary of	3255
state under division (H)(1) of this section shall be attached to	3256
or associated with the statement of contributions and	3257
expenditures, the statement of independent expenditures, the	3258
disclosure of electioneering communications statement, the deposit	3259
and disbursement statement, the gift and disbursement statement,	3260
or the donation and disbursement statement, the addendum to any of	3261
those statements, the amended statement of contributions and	3262
expenditures, the amended statement of independent expenditures,	3263
the amended disclosure of electioneering communications statement,	3264
the amended deposit and disbursement statement, the amended gift	3265
and disbursement statement, or the amended donation and	3266
disbursement statement that is executed and transmitted by	3267
electronic means by the person to whom the electronic signature is	3268
attributed. The electronic signature that is attached to or	3269
associated with the statement, addendum, or amended statement	3270
under this division shall be binding on all persons and for all	3271
purposes under the campaign finance reporting law as if the	3272
signature had been handwritten in ink on a printed form.	3273

(I) The secretary of state shall make the contribution and	3274
expenditure, the contribution and disbursement, the deposit and	3275
disbursement, the gift and disbursement, or the donation and	3276
disbursement information in all statements, all addenda to the	3277
statements, and all amended statements that are filed with the	3278
secretary of state by electronic or other means of transmission	3279
under this section or section 3517.10, 3517.105, 3517.1011,	3280
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code	3281
available online to the public by any means that are searchable,	3282
viewable, and accessible through the internet.	3283

(J)(1) As used in this division, "library" means a library	3284
that is open to the public and that is one of the following:	3285

(a) A library that is maintained and regulated under section	3286
715.13 of the Revised Code;	3287

(b) A library that is created, maintained, and regulated	3288
under Chapter 3375. of the Revised Code.	3289

(2) The secretary of state shall notify all libraries of the	3290
location on the internet at which the contribution and	3291
expenditure, contribution and disbursement, deposit and	3292
disbursement, gift and disbursement, or donation and disbursement	3293
information in campaign finance statements required to be made	3294
available online to the public through the internet pursuant to	3295
division (I) of this section may be accessed.	3296

If that location is part of the world wide web and if the	3297
secretary of state has notified a library of that world wide web	3298
location as required by this division, the library shall include a	3299
link to that world wide web location on each internet-connected	3300
computer it maintains that is accessible to the public.	3301

(3) If the system the secretary of state prescribes for the	3302
filing of campaign finance statements by electronic means of	3303
transmission pursuant to division (H)(1) of this section and	3304
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	3305
Code includes filing those statements through the internet via the	3306
world wide web, the secretary of state shall notify all libraries	3307
of the world wide web location at which those statements may be	3308
filed.	3309

If those statements may be filed through the internet via the	3310
world wide web and if the secretary of state has notified a	3311
library of that world wide web location as required by this	3312
division, the library shall include a link to that world wide web	3313
location on each internet-connected computer it maintains that is	3314
accessible to the public.	3315

(K) It is an affirmative defense to a complaint or charge	3316
brought against any campaign committee, political action	3317
committee, political contributing entity, legislative campaign	3318
fund, or political party, any individual, partnership, or other	3319
entity, any person making disbursements to pay the direct costs of	3320
producing or airing electioneering communications, or any	3321
treasurer of a transition fund, for the failure to file by	3322
electronic means of transmission a campaign finance statement as	3323
required by this section or section 3517.10, 3517.105, 3517.1011,	3324
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of	3325
the following apply to the campaign committee, political action	3326
committee, political contributing entity, legislative campaign	3327
fund, or political party, the individual, partnership, or other	3328
entity, the person making disbursements to pay the direct costs of	3329
producing or airing electioneering communications, or the	3330
treasurer of a transition fund that failed to so file:	3331

(1) The campaign committee, political action committee,	3332
political contributing entity, legislative campaign fund, or	3333
political party, the individual, partnership, or other entity, the	3334
person making disbursements to pay the direct costs of producing	3335
or airing electioneering communications, or the treasurer of a	3336
transition fund attempted to file by electronic means of	3337
transmission the required statement prior to the deadline set	3338
forth in the applicable section.	3339

(2) The campaign committee, political action committee,	3340
political contributing entity, legislative campaign fund, or	3341
political party, the individual, partnership, or other entity, the	3342
person making disbursements to pay the direct costs of producing	3343
or airing electioneering communications, or the treasurer of a	3344
transition fund was unable to file by electronic means of	3345
transmission due to an expected or unexpected shutdown of the	3346
whole or part of the electronic campaign finance statement-filing	3347
system, such as for maintenance or because of hardware, software,	3348
or network connection failure.	3349

(3) The campaign committee, political action committee,	3350
political contributing entity, legislative campaign fund, or	3351
political party, the individual, partnership, or other entity, the	3352
person making disbursements to pay the direct costs of producing	3353
or airing electioneering communications, or the treasurer of a	3354
transition fund filed by electronic means of transmission the	3355
required statement within a reasonable period of time after being	3356
unable to so file it under the circumstance described in division	3357
(K)(2) of this section.	3358

(L)(1) The secretary of state shall adopt rules pursuant to	3359
Chapter 119. of the Revised Code to permit a campaign committee of	3360
a candidate for statewide office that makes expenditures of less	3361
than twenty-five thousand dollars during the filing period or a	3362
campaign committee for the office of member of the general	3363
assembly or the office of judge of a court of appeals that would	3364
otherwise be required to file campaign finance statements by	3365
electronic means of transmission under division (E) or (F) of this	3366
section to file those statements by paper with the office of the	3367
secretary of state. Those rules shall provide for all of the	3368
following:	3369

(a) An eligible campaign committee that wishes to file a	3370
campaign finance statement by paper instead of by electronic means	3371
of transmission shall file the statement on paper with the office	3372
of the secretary of state not sooner than twenty-four hours after	3373
the end of the filing period set forth in section 3517.10 of the	3374
Revised Code that is covered by the applicable statement.	3375

(b) The statement shall be accompanied by a fee, the amount	3376
of which the secretary of state shall determine by rule. The	3377
amount of the fee established under this division shall not exceed	3378
the data entry and data verification costs the secretary of state	3379
will incur to convert the information on the statement to an	3380
electronic format as required under division (I) of this section.	3381

(c) The secretary of state shall arrange for the information	3382
in campaign finance statements filed pursuant to division (L) of	3383
this section to be made available online to the public through the	3384
internet in the same manner, and at the same times, as information	3385
is made available under divisions (E), (F), and (I) of this	3386
section for candidates whose campaign committees file those	3387
statements by electronic means of transmission.	3388

(d) The candidate of an eligible campaign committee that	3389
intends to file a campaign finance statement pursuant to division	3390
(L) of this section shall file a notice indicating that the	3391
candidate's campaign committee intends to so file and stating that	3392
filing the statement by electronic means of transmission would	3393
constitute a hardship for the candidate or for the eligible	3394
campaign committee.	3395

(e) An eligible campaign committee that files a campaign	3396
finance statement on paper pursuant to division (L) of this	3397
section shall review the contribution and information made	3398
available online by the secretary of state with respect to that	3399
paper filing and shall notify the secretary of state of any errors	3400
with respect to that filing that appear in the data made available	3401
on that web site.	3402

(f) If an eligible campaign committee whose candidate has	3403
filed a notice in accordance with rules adopted under division	3404
(L)(1)(d) of this section subsequently fails to file that	3405
statement on paper by the applicable deadline established in rules	3406
adopted under division (L)(1)(a) of this section, penalties for	3407
the late filing of the campaign finance statement shall apply to	3408
that campaign committee for each day after that paper filing	3409
deadline, as if the campaign committee had filed the statement	3410
after the applicable deadline set forth in division (A) of section	3411
3517.10 of the Revised Code.	3412

(2) The process for permitting campaign committees that would	3413
otherwise be required to file campaign finance statements by	3414
electronic means of transmission to file those statements on paper	3415
with the office of the secretary of state that is required to be	3416
developed under division (L)(1) of this section shall be in effect	3417
and available for use by eligible campaign committees for all	3418
campaign finance statements that are required to be filed on or	3419
after June 30, 2005. Notwithstanding any provision of the Revised	3420
Code to the contrary, if the process the secretary of state is	3421
required to develop under division (L)(1) of this section is not	3422
in effect and available for use on and after June 30, 2005, all	3423
penalties for the failure of campaign committees to file campaign	3424
finance statements by electronic means of transmission shall be	3425
suspended until such time as that process is in effect and	3426
available for use.	3427

(3) Notwithstanding any provision of the Revised Code to the	3428
contrary, any eligible campaign committee that files campaign	3429
finance statements on paper with the office of the secretary of	3430
state pursuant to division (L)(1) of this section shall be deemed	3431
to have filed those campaign finance statements by electronic	3432
means of transmission to the office of the secretary of state.	3433

Sec. 3517.11. (A)(1) Campaign committees of candidates for	3434
statewide office or the state board of education, political action	3435
committees or political contributing entities that make	3436
contributions to campaign committees of candidates that are	3437
required to file the statements prescribed by section 3517.10 of	3438
the Revised Code with the secretary of state, political action	3439
committees or political contributing entities that make	3440
contributions to campaign committees of candidates for member of	3441
the general assembly, political action committees or political	3442
contributing entities that make contributions to state and	3443
national political parties and to legislative campaign funds,	3444
political action committees or political contributing entities	3445
that receive contributions or make expenditures in connection with	3446
a statewide ballot issue, political action committees or political	3447
contributing entities that make contributions to other political	3448
action committees or political contributing entities, political	3449
parties, and campaign committees, except as set forth in division	3450
(A)(3) of this section, legislative campaign funds, and state and	3451
national political parties shall file the statements prescribed by	3452
section 3517.10 of the Revised Code with the secretary of state.	3453

(2)(a) Except as otherwise provided in division (F) of	3454
section 3517.106 of the Revised Code, campaign committees of	3455
candidates for all other offices shall file the statements	3456
prescribed by section 3517.10 of the Revised Code with the board	3457
of elections where their candidates are required to file their	3458
petitions or other papers for nomination or election.	3459

(b) A campaign committee of a candidate for office of member	3460
of the general assembly or a campaign committee of a candidate for	3461
the office of judge of a court of appeals shall file two copies of	3462
the printed version of any statement, addendum, or amended	3463
statement if the committee does not file pursuant to division	3464
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	3465
printed version only with the appropriate board of elections. The	3466
board of elections shall send one of those copies by certified	3467
mail or an electronic copy to the secretary of state before the	3468
close of business on the day the board of elections receives the	3469
statement, addendum, or amended statement.	3470

(3) Political action committees or political contributing	3471
entities that only contribute to a county political party,	3472
contribute to campaign committees of candidates whose nomination	3473
or election is to be submitted only to electors within a county,	3474
subdivision, or district, excluding candidates for member of the	3475
general assembly, and receive contributions or make expenditures	3476
in connection with ballot questions or issues to be submitted only	3477
to electors within a county, subdivision, or district shall file	3478
the statements prescribed by section 3517.10 of the Revised Code	3479
with the board of elections in that county or in the county	3480
contained in whole or part within the subdivision or district	3481
having a population greater than that of any other county	3482
contained in whole or part within that subdivision or district, as	3483
the case may be.	3484

(4) Except as otherwise provided in division (E)(3) of	3485
section 3517.106 of the Revised Code with respect to state	3486
candidate funds, county political parties shall file the	3487
statements prescribed by section 3517.10 of the Revised Code with	3488
the board of elections of their respective counties.	3489

(B)(1) The official with whom petitions and other papers for	3490
nomination or election to public office are filed shall furnish	3491
each candidate at the time of that filing a copy of sections	3492
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	3493
3599.031 of the Revised Code and any other materials that the	3494
secretary of state may require. Each candidate receiving the	3495
materials shall acknowledge their receipt in writing.	3496

(2) On or before the tenth day before the dates on which	3497
statements are required to be filed by section 3517.10 of the	3498
Revised Code, every candidate subject to the provisions of this	3499
section and sections 3517.10 and 3517.106 of the Revised Code	3500
shall be notified of the requirements and applicable penalties of	3501
those sections. The secretary of state, by certified mail, return	3502
receipt requested, shall notify all candidates required to file	3503
those statements with the secretary of state's office. The board	3504
of elections of every county shall notify by first class mail any	3505
candidate who has personally appeared at the office of the board	3506
on or before the tenth day before the statements are required to	3507
be filed and signed a form, to be provided by the secretary of	3508
state, attesting that the candidate has been notified of the	3509
candidate's obligations under the campaign finance law. The board	3510
shall forward the completed form to the secretary of state. The	3511
board shall use certified mail, return receipt requested, to	3512
notify all other candidates required to file those statements with	3513
it.	3514

(3)(a) Any statement required to be filed under sections	3515
3517.081 to 3517.17 of the Revised Code that is found to be	3516
incomplete or inaccurate by the officer to whom it is submitted	3517
shall be accepted on a conditional basis, and the person who filed	3518
it shall be notified by certified mail as to the incomplete or	3519
inaccurate nature of the statement. The secretary of state may	3520
examine statements filed for candidates for the office of member	3521
of the general assembly and candidates for the office of judge of	3522
a court of appeals for completeness and accuracy. The secretary of	3523
state shall examine for completeness and accuracy statements that	3524
campaign committees of candidates for the office of member of the	3525
general assembly and campaign committees of candidates for the	3526
office of judge of a court of appeals file pursuant to division	3527
(F) or (L) of section 3517.106 of the Revised Code. If an officer	3528
at the board of elections where a statement filed for a candidate	3529
for the office of member of the general assembly or for a	3530
candidate for the office of judge of a court of appeals was	3531
submitted finds the statement to be incomplete or inaccurate, the	3532
officer shall immediately notify the secretary of state of its	3533
incomplete or inaccurate nature. If either an officer at the board	3534
of elections or the secretary of state finds a statement filed for	3535
a candidate for the office of member of the general assembly or	3536
for a candidate for the office of judge of a court of appeals to	3537
be incomplete or inaccurate, only the secretary of state shall	3538
send the notification as to the incomplete or inaccurate nature of	3539
the statement.	3540

Within twenty-one days after receipt of the notice, in the	3541
case of a pre-election statement, a postelection statement, a	3542
monthly statement, an annual statement, or a semiannual statement	3543
prescribed by section 3517.10, an annual statement prescribed by	3544
section 3517.101, or a statement prescribed by division (B)(2)(b)	3545
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	3546
Revised Code, the recipient shall file an addendum, amendment, or	3547
other correction to the statement providing the information	3548
necessary to complete or correct the statement. The secretary of	3549
state may require that, in lieu of filing an addendum, amendment,	3550
or other correction to a statement that is filed by electronic	3551
means of transmission to the office of the secretary of state	3552
pursuant to section 3517.106 of the Revised Code, the recipient of	3553
the notice described in this division file by electronic means of	3554
transmission an amended statement that incorporates the	3555
information necessary to complete or correct the statement.	3556

The secretary of state shall determine by rule when an	3557
addendum, amendment, or other correction to any of the following	3558
or when an amended statement of any of the following shall be	3559
filed:	3560

(i) A two-business-day statement prescribed by section	3561
3517.10 of the Revised Code;	3562

(ii) A disclosure of electioneering communications statement	3563
prescribed by division (D) of section 3517.1011 of the Revised	3564
Code;	3565

(iii) A deposit and disbursement statement prescribed under	3566
division (B) of section 3517.1012 of the Revised Code;	3567

(iv) A gift and disbursement statement prescribed under	3568
section 3517.1013 of the Revised Code;	3569

(v) A donation and disbursement statement prescribed under	3570
section 3517.1014 of the Revised Code.	3571

An addendum, amendment, or other correction to a statement	3572
that is filed by electronic means of transmission pursuant to	3573
section 3517.106 of the Revised Code shall be filed in the same	3574
manner as the statement.	3575

The provisions of sections 3517.10, 3517.106, 3517.1011,	3576
3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining	3577
to the filing of statements of contributions and expenditures,	3578
statements of independent expenditures, disclosure of	3579
electioneering communications statements, deposit and disbursement	3580
statements, gift and disbursement statements, and donation and	3581
disbursement statements by electronic means of transmission apply	3582
to the filing of addenda, amendments, or other corrections to	3583
those statements by electronic means of transmission and the	3584
filing of amended statements by electronic means of transmission.	3585

(b) Within five business days after the secretary of state	3586
receives, by electronic or other means of transmission, an	3587
addendum, amendment, or other correction to a statement or an	3588
amended statement under division (B)(3)(a) of this section, the	3589
secretary of state, pursuant to divisions (E), (F), (G), and (I)	3590
of section 3517.106 or division (D) of section 3517.1011 of the	3591
Revised Code, shall make the contribution and expenditure,	3592
contribution and disbursement, deposit and disbursement, gift and	3593
disbursement, or donation and disbursement information in that	3594
addendum, amendment, correction, or amended statement available	3595
online to the public through the internet.	3596

(4)(a) The secretary of state or the board of elections shall	3597
examine all statements for compliance with sections 3517.08 to	3598
3517.17 of the Revised Code.	3599

(b) The secretary of state may contract with an individual or	3600
entity not associated with the secretary of state and experienced	3601
in interpreting the campaign finance law of this state to conduct	3602
examinations of statements filed by any statewide candidate, as	3603
defined in section 3517.103 of the Revised Code.	3604

(c) The examination shall be conducted by a person or entity	3605
qualified to conduct it. The results of the examination shall be	3606
available to the public, and, when the examination is conducted by	3607
an individual or entity not associated with the secretary of	3608
state, the results of the examination shall be reported to the	3609
secretary of state.	3610

(C)(1) In the event of a failure to file or a late filing of	3611
a statement required to be filed under sections 3517.081 to	3612
3517.17 of the Revised Code, or if a filed statement or any	3613
addendum, amendment, or other correction to a statement or any	3614
amended statement, if an addendum, amendment, or other correction	3615
or an amended statement is required to be filed, is incomplete or	3616
inaccurate or appears to disclose a failure to comply with or a	3617
violation of law, the official whose duty it is to examine the	3618
statement shall promptly file a complaint with the Ohio elections	3619
commission under section 3517.153 of the Revised Code if the law	3620
is one over which the commission has jurisdiction to hear	3621
complaints, or the official shall promptly report the failure or	3622
violation to the board of elections and the board shall promptly	3623
report it to the prosecuting attorney in accordance with division	3624
(J) of section 3501.11 of the Revised Code. If the official files	3625
a complaint with the commission, the commission shall proceed in	3626
accordance with sections 3517.154 to 3517.157 of the Revised Code.	3627

(2) For purposes of division (C)(1) of this section, a	3628
statement or an addendum, amendment, or other correction to a	3629
statement or an amended statement required to be filed under	3630
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	3631
inaccurate under this section if the statement, addendum,	3632
amendment, other correction, or amended statement fails to	3633
disclose substantially all contributions, gifts, or donations that	3634
are received or deposits that are made that are required to be	3635
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	3636
3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the	3637
statement, addendum, amendment, other correction, or amended	3638
statement fails to disclose at least ninety per cent of the total	3639
contributions, gifts, or donations received or deposits made or of	3640
the total expenditures or disbursements made during the reporting	3641
period.	3642

(D) No certificate of nomination or election shall be issued	3643
to a person, and no person elected to an office shall enter upon	3644
the performance of the duties of that office, until that person or	3645
that person's campaign committee, as appropriate, has fully	3646
complied with this section and sections 3517.08, 3517.081,	3647
3517.10, and 3517.13 of the Revised Code.	3648

Sec. 3599.07. No ~~judge of elections~~precinct election	3649
official, observer, or police officer admitted into the polling	3650
rooms at the election, at any time while the polls are open, shall	3651
have in the individual's possession, distribute, or give out any	3652
ballot or ticket to any person on any pretense during the	3653
receiving, counting, or certifying of the votes, or have any	3654
ballot or ticket in the individual's possession or control, except	3655
in the proper discharge of the individual's official duty in	3656
receiving, counting, or canvassing the votes. This section does	3657
not prevent the lawful exercise by a ~~judge of elections~~precinct	3658
election official or observer of the individual right to vote at	3659
such election.	3660

Sec. 3599.17. (A) No elections official serving as a	3661
registrar or ~~judge of elections~~precinct election official shall	3662
do any of the following:	3663

(1) Fail to appear before the board of elections, or its	3664
representative, after notice has been served personally upon the	3665
official or left at the official's usual place of residence, for	3666
examination as to the official's qualifications;	3667

(2) Fail to appear at the polling place to which the official	3668
is assigned at the hour and during the hours set for the	3669
registration or election;	3670

(3) Fail to take the oath prescribed by section 3501.31 of	3671
the Revised Code, unless excused by such board;	3672

(4) Refuse or sanction the refusal of another registrar or	3673
~~judge of elections~~precinct election official to administer an	3674
oath required by law;	3675

(5) Fail to send notice to the board of the appointment of a	3676
~~judge~~precinct election official to fill a vacancy;	3677

(6) Act as registrar or ~~judge~~precinct election official	3678
without having been appointed and having received a certificate of	3679
appointment, except a ~~judge~~precinct election official appointed	3680
to fill a vacancy caused by absence or removal;	3681

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

3682

(B) Whoever violates division (A) of this section is guilty	3683
of a misdemeanor of the first degree.	3684

Sec. 3599.19. (A) No ~~judge of elections~~precinct election	3685
official shall knowingly do any of the following:	3686

(1) Unlawfully open or permit to be opened the sealed package	3687
containing registration lists, ballots, blanks, pollbooks, and	3688
other papers and material to be used in an election;	3689

(2) Unlawfully misplace, carry away, negligently lose or	3690
permit to be taken from the ~~judge~~precinct election official, fail	3691
to deliver, or destroy any such packages, papers, or material;	3692

(3) Receive or sanction the reception of a ballot from a	3693
person not a qualified elector or from a person who refused to	3694
answer a question in accordance with the election law;	3695

(4) Refuse to receive or sanction the rejection of a ballot	3696
from a person, knowing that person to be a qualified elector;	3697

(5) Permit a fraudulent ballot to be placed in the ballot	3698
box;	3699

(6) Place or permit to be placed in any ballot box any ballot	3700
known by the ~~judge~~precinct election official to be improperly or	3701
falsely marked;	3702

(7) Count or permit to be counted any illegal or fraudulent	3703
ballot;	3704

(8) Mislead an elector who is physically unable to prepare	3705
the elector's ballot, mark a ballot for such elector otherwise	3706
than as directed by that elector, or disclose to any person,	3707
except when legally required to do so, how such elector voted;	3708

(9) Alter or mark or permit any alteration or marking on any	3709
ballot when counting the ballots;	3710

(10) Unlawfully count or tally or sanction the wrongful	3711
counting or tallying of votes;	3712

(11) After the counting of votes commences, as required by	3713
law, postpone or sanction the postponement of the counting of	3714
votes, adjourn at any time or to any place, or remove the ballot	3715
box from the place of voting, or from the custody or presence of	3716
all the ~~judges of such elections~~precinct election officials;	3717

(12) Permit any ballot to remain or to be in the ballot box	3718
at the opening of the polls, or to be put in the box during the	3719
counting of the ballots, or to be left in the box without being	3720
counted;	3721

(13) Admit or sanction the admission to the polling room at	3722
an election during the receiving, counting, and certifying of	3723
votes of any person not qualified by law to be so admitted;	3724

(14) Refuse to admit or sanction the refusal to admit any	3725
person, upon lawful request for admission, who is legally	3726
qualified to be present;	3727

(15) Permit or sanction the counting of the ballots contrary	3728
to the manner prescribed by law;	3729

(16) Neglect or unlawfully execute any duty enjoined upon the	3730
~~judge~~precinct election official by law.	3731

(B) Whoever violates division (A) of this section is guilty	3732
of a misdemeanor of the first degree.	3733

Sec. 3599.31. No officer of the law shall fail to obey	3734
forthwith an order of the ~~presiding judge~~voting location manager	3735
and aid in enforcing a lawful order of the ~~presiding judges~~voting	3736
location manager at an election, against persons unlawfully	3737
congregating or loitering within one hundred feet of a polling	3738
place, hindering or delaying an elector from reaching or leaving	3739
the polling place, soliciting or attempting, within one hundred	3740
feet of the polling place, to influence an elector in casting the	3741
elector's vote, or interfering with the registration of voters or	3742
casting and counting of the ballots.	3743

Whoever violates this section is guilty of a misdemeanor of	3744
the first degree.	3745

Section 2. That existing sections 2101.44, 3501.01, 3501.05,	3746
3501.051, 3501.06, 3501.11, 3501.13, 3501.17, 3501.22, 3501.26,	3747
3501.27, 3501.28, 3501.29, 3501.30, 3501.31, 3501.32, 3501.33,	3748
3501.35, 3501.37, 3503.02, 3503.26, 3505.07, 3505.08, 3505.16,	3749
3505.17, 3505.18, 3505.20, 3505.21, 3505.23, 3505.24, 3505.26,	3750
3505.28, 3505.29, 3505.30, 3505.31, 3506.05, 3506.12, 3506.15,	3751
3509.01, 3509.06, 3513.131, 3513.18, 3513.19, 3513.21, 3515.04,	3752
3517.106, 3517.11, 3599.07, 3599.17, 3599.19, and 3599.31 and	3753
section 3506.16 of the Revised Code are hereby repealed.	3754