As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 10


Senators Coley, Smith 

Cosponsors: Senators Obhof, Faber, Widener, Patton, Hite, Lehner, Oelslager, Eklund, LaRose, Burke, Jones, Bacon, Beagle, Manning, Gardner 



A BILL
To amend sections 3501.29, 3501.35, 3505.181, 1
3505.23, 3505.24, and 3509.01 of the Revised Code 2
to revise the law regarding polling places and 3
voting machines.4


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

       Section 1.  That sections 3501.29, 3501.35, 3505.181, 5
3505.23, 3505.24, and 3509.01 of the Revised Code be amended to 6
read as follows:7

       Sec. 3501.29.  (A) The board of elections shall provide for 8
each precinct a polling place and provide adequate facilities at 9
each polling place for conducting the election. The board shall 10
provide a sufficient number of screened or curtained voting 11
compartments to which electors may retire and conveniently mark 12
their ballots, protected from the observation of others. Each 13
voting compartment shall be provided at all times with writing 14
implements, instructions how to vote, and other necessary 15
conveniences for marking the ballot. The presiding judge shall 16
ensure that the voting compartments at all times are adequately 17
lighted and contain the necessary supplies. The board shall 18
utilize, in so far as practicable, rooms in public schools and 19
other public buildings for polling places. Upon application of the 20
board of elections, the authority which has the control of any 21
building or grounds supported by taxation under the laws of this 22
state, shall make available the necessary space therein for the 23
purpose of holding elections and adequate space for the storage of 24
voting machines, without charge for the use thereof. A reasonable 25
sum may be paid for necessary janitorial service. When polling 26
places are established in private buildings, the board may pay a 27
reasonable rental therefor, and also the cost of liability 28
insurance covering the premises when used for election purposes, 29
or the board may purchase a single liability policy covering the 30
board and the owners of the premises when used for election 31
purposes. When removable buildings are supplied by the board, they 32
shall be constructed under the contract let to the lowest and best 33
bidder, and the board shall observe all ordinances and regulations 34
then in force as to safety. The board shall remove all such 35
buildings from streets and other public places within thirty days 36
after an election, unless another election is to be held within 37
ninety days.38

       (B)(1) Except as otherwise provided in this section, the 39
board shall ensure all of the following:40

       (a) That polling places are free of barriers that would 41
impede ingress and egress of handicapped persons;42

       (b) That the minimum number of special parking locations, 43
also known as handicapped parking spaces or disability parking 44
spaces, for handicapped persons are designated at each polling 45
place in accordance with 28 C.F.R. Part 36, Appendix A, and in 46
compliance with division (E) of section 4511.69 of the Revised 47
Code.;48

        (c) That the entrances of polling places are level or are 49
provided with a nonskid ramp of not over eight per cent gradient50
that meets the requirements of the "Americans with Disabilities 51
Act of 1990," 104 Stat. 327, 42 U.S.C. 12101;52

       (d) That doors are a minimum of thirty-two inches wide.53

       (2) Notwithstanding division (B)(1)(a), (c), or (d) of this 54
section, certain polling places may be specifically exempted by 55
the secretary of state upon certification by a board of elections 56
that a good faith, but unsuccessful, effort has been made to 57
modify, or change the location of, such polling places.58

       (C) At anyIf a polling place that ishas been exempted from 59
compliance by the secretary of state under division (B)(2) of this 60
section, the board of elections shall permit any handicapped 61
elector who travels to that elector's polling place, but who is 62
unable to enter the polling place due to the inaccessibility of 63
the polling place, to vote, with the assistance of two polling 64
place officials of major political parties, in the vehicle that 65
conveyed that elector to the polling place, or to receive and cast 66
that elector's ballot at the door of the polling place.67

       (D) The secretary of state shall:68

       (1) Work with other state agencies to facilitate the 69
distribution of information and technical assistance to boards of 70
elections to meet the requirements of division (B) of this 71
section;72

       (2) Work with organizations that represent or provide 73
services to handicapped, disabled, or elderly citizens to effect a 74
wide dissemination of information about the availability of 75
absentee voting, voting in the voter's vehicle or at the door of 76
the polling place, or other election services to handicapped, 77
disabled, or elderly citizens.78

       (E) Before the day of an election, the director of the board 79
of elections of each county shall sign a statement verifying that 80
each polling place that will be used in that county at that 81
election meets the requirements of division (B)(1)(b) of this 82
section. The signed statement shall be sent to the secretary of 83
state by certified mail.84

       (F) As used in this section, "handicapped" means having lost 85
the use of one or both legs, one or both arms, or any combination 86
thereof, or being blind or so severely disabled as to be unable to 87
move about without the aid of crutches or a wheelchair.88

       Sec. 3501.35. (A) During an election and the counting of the 89
ballots, no person shall do any of the following:90

       (1) Loiter, congregate, or engage in any kind of election 91
campaigning within the area between the polling place and the 92
small flags of the United States placed on the thoroughfares and 93
walkways leading to the polling place, and if the line of electors 94
waiting to vote extends beyond those small flags, within ten feet 95
of any elector in that line;96

       (2) In any manner hinder or delay an elector in reaching or 97
leaving the place fixed for casting the elector's ballot;98

       (3) Give, tender, or exhibit any ballot or ticket to any 99
person other than the elector's own ballot to the judge of 100
election within the area between the polling place and the small 101
flags of the United States placed on the thoroughfares and 102
walkways leading to the polling place, and if the line of electors 103
waiting to vote extends beyond those small flags, within ten feet 104
of any elector in that line;105

       (4) Exhibit any ticket or ballot which the elector intends to 106
cast;107

       (5) Solicit or in any manner attempt to influence any elector 108
in casting the elector's vote.109

       (B)(1) Except as otherwise provided in division (B)(2) of 110
this section and division (C) of section 3503.23 of the Revised 111
Code, no person who is not an election official, employee, 112
observer, or police officer shall be allowed to enter the polling 113
place during the election, except for the purpose of voting or 114
assisting another person to vote as provided in section 3505.24 of 115
the Revised Code.116

       (2) Notwithstanding any provision of this section to the 117
contrary, a journalist shall be allowed reasonable access to a 118
polling place during an election. As used in this division, 119
"journalist" has the same meaning as in division (B)(2) of section 120
2923.129 of the Revised Code.121

       (C) No more electors shall be allowed to approach the voting 122
shelves at any time than there are voting shelves provided.123

       (D) The judges of election and the police officer shall 124
strictly enforce the observance of this section.125

       Sec. 3505.181.  (A) All of the following individuals shall be 126
permitted to cast a provisional ballot at an election:127

       (1) An individual who declares that the individual is a 128
registered voter in the jurisdiction in which the individual 129
desires to vote and that the individual is eligible to vote in an 130
election, but the name of the individual does not appear on the 131
official list of eligible voters for the polling place or an 132
election official asserts that the individual is not eligible to 133
vote;134

       (2) An individual who has a social security number and 135
provides to the election officials the last four digits of the 136
individual's social security number as permitted by division 137
(A)(2) of section 3505.18 of the Revised Code;138

       (3) An individual who has but is unable to provide to the 139
election officials any of the forms of identification required 140
under division (A)(1) of section 3505.18 of the Revised Code and 141
who has a social security number but is unable to provide the last 142
four digits of the individual's social security number as 143
permitted under division (A)(2) of that section;144

       (4) An individual who does not have any of the forms of 145
identification required under division (A)(1) of section 3505.18 146
of the Revised Code, who cannot provide the last four digits of 147
the individual's social security number under division (A)(2) of 148
that section because the individual does not have a social 149
security number, and who has executed an affirmation as permitted 150
under division (A)(4) of that section;151

       (5) An individual whose name in the poll list or signature 152
pollbook has been marked under section 3509.09 or 3511.13 of the 153
Revised Code as having requested an absent voter's ballot or an 154
armed service absent voter's ballot for that election and who 155
appears to vote at the polling place;156

       (6) An individual whose notification of registration has been 157
returned undelivered to the board of elections and whose name in 158
the official registration list and in the poll list or signature 159
pollbook has been marked under division (C)(2) of section 3503.19 160
of the Revised Code;161

       (7) An individual who is challenged under section 3505.20 of 162
the Revised Code and the election officials determine that the 163
person is ineligible to vote or are unable to determine the 164
person's eligibility to vote;165

       (8) An individual whose application or challenge hearing has 166
been postponed until after the day of the election under division 167
(D)(1) of section 3503.24 of the Revised Code;168

       (9) An individual who changes the individual's name and 169
remains within the precinct, moves from one precinct to another 170
within a county, moves from one precinct to another and changes 171
the individual's name, or moves from one county to another within 172
the state, and completes and signs the required forms and 173
statements under division (B) or (C) of section 3503.16 of the 174
Revised Code;175

       (10) An individual whose signature, in the opinion of the 176
precinct officers under section 3505.22 of the Revised Code, is 177
not that of the person who signed that name in the registration 178
forms;179

       (11) An individual who is challenged under section 3513.20 of 180
the Revised Code who refuses to make the statement required under 181
that section or who a majority of the precinct officials find 182
lacks any of the qualifications to make the individual a qualified 183
elector;184

       (12) An individual who does not have any of the forms of 185
identification required under division (A)(1) of section 3505.18 186
of the Revised Code, who cannot provide the last four digits of 187
the individual's social security number under division (A)(2) of 188
that section because the person does not have a social security 189
number, and who declines to execute an affirmation as permitted 190
under division (A)(4) of that section;191

       (13) An individual who has but declines to provide to the 192
precinct election officials any of the forms of identification 193
required under division (A)(1) of section 3501.18 of the Revised 194
Code or who has a social security number but declines to provide 195
to the precinct election officials the last four digits of the 196
individual's social security number.197

       (B) An individual who is eligible to cast a provisional 198
ballot under division (A) of this section shall be permitted to 199
cast a provisional ballot as follows:200

       (1) An election official at the polling place shall notify 201
the individual that the individual may cast a provisional ballot 202
in that election.203

       (2) The individual shall be permitted to cast a provisional 204
ballot at that polling place upon the execution of a written 205
affirmation by the individual before an election official at the 206
polling place stating that the individual is both of the 207
following:208

       (a) A registered voter in the jurisdiction in which the 209
individual desires to vote;210

       (b) Eligible to vote in that election.211

       (3) An election official at the polling place shall transmit 212
the ballot cast by the individual, the voter information contained 213
in the written affirmation executed by the individual under 214
division (B)(2) of this section, or the individual's name if the 215
individual declines to execute such an affirmation to an 216
appropriate local election official for verification under 217
division (B)(4) of this section.218

       (4) If the appropriate local election official to whom the 219
ballot or voter or address information is transmitted under 220
division (B)(3) of this section determines that the individual is 221
eligible to vote, the individual's provisional ballot shall be 222
counted as a vote in that election.223

       (5)(a) At the time that an individual casts a provisional 224
ballot, the appropriate local election official shall give the 225
individual written information that states that any individual who 226
casts a provisional ballot will be able to ascertain under the 227
system established under division (B)(5)(b) of this section 228
whether the vote was counted, and, if the vote was not counted, 229
the reason that the vote was not counted.230

       (b) The appropriate state or local election official shall 231
establish a free access system, in the form of a toll-free 232
telephone number, that any individual who casts a provisional 233
ballot may access to discover whether the vote of that individual 234
was counted, and, if the vote was not counted, the reason that the 235
vote was not counted. The free access system established under 236
this division also shall provide to an individual whose 237
provisional ballot was not counted information explaining how that 238
individual may contact the board of elections to register to vote 239
or to resolve problems with the individual's voter registration.240

       The appropriate state or local election official shall 241
establish and maintain reasonable procedures necessary to protect 242
the security, confidentiality, and integrity of personal 243
information collected, stored, or otherwise used by the free 244
access system established under this division. Access to 245
information about an individual ballot shall be restricted to the 246
individual who cast the ballot.247

       (6) If, at the time that an individual casts a provisional 248
ballot, the individual provides identification in the form of a 249
current and valid photo identification, a military identification, 250
or a copy of a current utility bill, bank statement, government 251
check, paycheck, or other government document, other than a notice 252
of an election mailed by a board of elections under section 253
3501.19 of the Revised Code or a notice of voter registration 254
mailed by a board of elections under section 3503.19 of the 255
Revised Code, that shows the individual's name and current 256
address, or provides the last four digits of the individual's 257
social security number, or executes an affirmation that the 258
elector does not have any of those forms of identification or the 259
last four digits of the individual's social security number 260
because the individual does not have a social security number, or 261
declines to execute such an affirmation, the appropriate local 262
election official shall record the type of identification 263
provided, the social security number information, the fact that 264
the affirmation was executed, or the fact that the individual 265
declined to execute such an affirmation and include that 266
information with the transmission of the ballot or voter or 267
address information under division (B)(3) of this section. If the 268
individual declines to execute such an affirmation, the 269
appropriate local election official shall record the individual's 270
name and include that information with the transmission of the 271
ballot under division (B)(3) of this section.272

       (7) If an individual casts a provisional ballot pursuant to 273
division (A)(3), (7), (8), (12), or (13) of this section, the 274
election official shall indicate, on the provisional ballot 275
verification statement required under section 3505.182 of the 276
Revised Code, that the individual is required to provide 277
additional information to the board of elections or that an 278
application or challenge hearing has been postponed with respect 279
to the individual, such that additional information is required 280
for the board of elections to determine the eligibility of the 281
individual who cast the provisional ballot.282

       (8) During the ten days after the day of an election, an 283
individual who casts a provisional ballot pursuant to division 284
(A)(3), (7), (12), or (13) of this section shall appear at the 285
office of the board of elections and provide to the board any 286
additional information necessary to determine the eligibility of 287
the individual who cast the provisional ballot.288

       (a) For a provisional ballot cast pursuant to division 289
(A)(3), (12), or (13) of this section to be eligible to be 290
counted, the individual who cast that ballot, within ten days 291
after the day of the election, shall do any of the following:292

       (i) Provide to the board of elections proof of the 293
individual's identity in the form of a current and valid photo 294
identification, a military identification, or a copy of a current 295
utility bill, bank statement, government check, paycheck, or other 296
government document, other than a notice of an election mailed by 297
a board of elections under section 3501.19 of the Revised Code or 298
a notice of voter registration mailed by a board of elections 299
under section 3503.19 of the Revised Code, that shows the 300
individual's name and current address;301

       (ii) Provide to the board of elections the last four digits 302
of the individual's social security number;303

       (iii) In the case of a provisional ballot executed pursuant 304
to division (A)(12) of this section, execute an affirmation as 305
permitted under division (A)(4) of section 3505.18 of the Revised 306
Code.307

       (b) For a provisional ballot cast pursuant to division (A)(7) 308
of this section to be eligible to be counted, the individual who 309
cast that ballot, within ten days after the day of that election, 310
shall provide to the board of elections any identification or 311
other documentation required to be provided by the applicable 312
challenge questions asked of that individual under section 3505.20 313
of the Revised Code.314

       (C)(1) If an individual declares that the individual is 315
eligible to vote in a jurisdiction other than the jurisdiction in 316
which the individual desires to vote, or if, upon review of the 317
precinct voting location guide using the residential street 318
address provided by the individual, an election official at the 319
polling place at which the individual desires to vote determines 320
that the individual is not eligible to vote in that jurisdiction, 321
the election official shall direct the individual to the polling 322
place for the jurisdiction in which the individual appears to be 323
eligible to vote, explain that the individual may cast a 324
provisional ballot at the current location but the ballot will not 325
be counted if it is cast in the wrong precinct, and provide the 326
telephone number of the board of elections in case the individual 327
has additional questions.328

       (2) If the individual refuses to travel to the polling place 329
for the correct jurisdiction or to the office of the board of 330
elections to cast a ballot, the individual shall be permitted to 331
vote a provisional ballot at that jurisdiction in accordance with 332
division (B) of this section. If any of the following apply, the 333
provisional ballot cast by that individual shall not be opened or 334
counted:335

       (a) The individual is not properly registered in that 336
jurisdiction.337

       (b) The individual is not eligible to vote in that election 338
in that jurisdiction.339

       (c) The individual's eligibility to vote in that jurisdiction 340
in that election cannot be established upon examination of the 341
records on file with the board of elections.342

       (D) The appropriate local election official shall cause 343
voting information to be publicly posted at each polling place on 344
the day of each election.345

       (E) As used in this section and sections 3505.182 and 346
3505.183 of the Revised Code:347

       (1) "Jurisdiction" means the precinct in which a person is a 348
legally qualified elector.349

       (2) "Precinct voting location guide" means either of the 350
following:351

        (a) An electronic or paper record that lists the correct 352
jurisdiction and polling place for either each specific 353
residential street address in the county or the range of 354
residential street addresses located in each neighborhood block in 355
the county;356

        (b) Any other method that a board of elections creates that 357
allows a precinct election official or any elector who is at a 358
polling place in that county to determine the correct jurisdiction 359
and polling place of any qualified elector who resides in the 360
county.361

        (3) "Voting information" means all of the following:362

       (a) A sample version of the ballot that will be used for that 363
election;364

       (b) Information regarding the date of the election and the 365
hours during which polling places will be open;366

       (c) Instructions on how to vote, including how to cast a vote 367
and how to cast a provisional ballot;368

       (d) Instructions for mail-in registrants and first-time 369
voters under applicable federal and state laws;370

       (e) General information on voting rights under applicable 371
federal and state laws, including information on the right of an 372
individual to cast a provisional ballot and instructions on how to 373
contact the appropriate officials if these rights are alleged to 374
have been violated;375

       (f) General information on federal and state laws regarding 376
prohibitions against acts of fraud and misrepresentation.377

       (F) Nothing in this section or section 3505.183 of the 378
Revised Code is in derogation of section 3505.24 of the Revised 379
Code, which permits a blind, disabled, or illiterate elector to 380
receive assistance in the marking of the elector's ballot by two 381
precinct election officials of different political parties. A 382
blind, disabled, or illiterate elector may receive assistance in 383
marking that elector's provisional ballot and in completing the 384
required affirmation in the same manner as an elector may receive 385
assistance on the day of an election under that section.386

       Sec. 3505.23. NoExcept as otherwise provided in this 387
section, no voter shall be allowed to occupy a voting compartment 388
or use a voting machine more than fiveten minutes when all the 389
voting compartments or machines are in use and voters are waiting 390
to occupy them. ExceptThe ten-minute time limit shall not apply 391
to any person who is disabled and requires accommodation to the 392
extent required under the "Americans with Disabilities Act of 393
1990," 104 Stat. 327, 42 U.S.C. 12101.394

       Except as otherwise provided by section 3505.24 of the 395
Revised Code, no voter shall occupy a voting compartment or 396
machine with another person or speak to anyone, nor shall anyone 397
speak to the voter, while the voter is in a voting compartment or 398
machine.399

       In precincts that do not use voting machines the following 400
procedure shall be followed:401

       If a voter tears, soils, defaces, or erroneously marks a 402
ballot the voter may return it to the precinct election officials 403
and a second ballot shall be issued to the voter. Before returning 404
a torn, soiled, defaced, or erroneously marked ballot, the voter 405
shall fold it so as to conceal any marks the voter made upon it, 406
but the voter shall not remove Stub A therefrom. If the voter 407
tears, soils, defaces, or erroneously marks such second ballot, 408
the voter may return it to the precinct election officials, and a 409
third ballot shall be issued to the voter. In no case shall more 410
than three ballots be issued to a voter. Upon receiving a returned 411
torn, soiled, defaced, or erroneously marked ballot the precinct 412
election officials shall detach Stub A therefrom, write "Defaced" 413
on the back of such ballot, and place the stub and the ballot in 414
the separate containers provided therefor.415

       No elector shall leave the polling place until the elector 416
returns to the precinct election officials every ballot issued to 417
the elector with Stub A on each ballot attached thereto, 418
regardless of whether the elector has or has not placed any marks 419
upon the ballot.420

       Before leaving the voting compartment, the voter shall fold 421
each ballot marked by the voter so that no part of the face of the 422
ballot is visible, and so that the printing thereon indicating the 423
kind of ballot it is and the facsimile signatures of the members 424
of the board of elections are visible. The voter shall then leave 425
the voting compartment, deliver the voter's ballots, and state the 426
voter's name to the judge having charge of the ballot boxes, who 427
shall announce the name, detach Stub A from each ballot, and 428
announce the number on the stubs. The judges in charge of the poll 429
lists or poll books shall check to ascertain whether the number so 430
announced is the number on Stub B of the ballots issued to such 431
voter, and if no discrepancy appears to exist, the judge in charge 432
of the ballot boxes shall, in the presence of the voter, deposit 433
each such ballot in the proper ballot box and shall place Stub A 434
from each ballot in the container provided therefor. The voter 435
shall then immediately leave the polling place.436

       No ballot delivered by a voter to the judge in charge of the 437
ballot boxes with Stub A detached therefrom, and only ballots 438
provided in accordance with Title XXXV of the Revised Code, shall 439
be voted or deposited in the ballot boxes.440

       In marking a presidential ballot, the voter shall record the 441
vote in the manner provided on the ballot next to the names of the 442
candidates for the offices of president and vice-president. Such 443
ballot shall be considered and counted as a vote for each of the 444
candidates for election as presidential elector whose names were 445
certified to the secretary of state by the political party of such 446
nominees for president and vice-president.447

       In marking an office type ballot or nonpartisan ballot, the 448
voter shall record the vote in the manner provided on the ballot 449
next to the name of each candidate for whom the voter desires to 450
vote.451

       In marking a primary election ballot, the voter shall record 452
the vote in the manner provided on the ballot next to the name of 453
each candidate for whom the voter desires to vote. If the voter 454
desires to vote for the nomination of a person whose name is not 455
printed on the primary election ballot, the voter may do so by 456
writing such person's name on the ballot in the proper place 457
provided for such purpose.458

       In marking a questions and issues ballot, the voter shall 459
record the vote in the manner provided on the ballot at the left 460
or at the right of "YES" or "NO" or other words of similar import 461
which are printed on the ballot to enable the voter to indicate 462
how the voter votes in connection with each question or issue upon 463
which the voter desires to vote.464

       In marking any ballot on which a blank space has been 465
provided wherein an elector may write in the name of a person for 466
whom the elector desires to vote, the elector shall write such 467
person's name in such blank space and on no other place on the 468
ballot. Unless specific provision is made by statute, no blank 469
space shall be provided on a ballot for write-in votes, and any 470
names written on a ballot other than in a blank space provided 471
therefor shall not be counted or recorded.472

       Sec. 3505.24. AnyNotwithstanding any provision of the 473
Revised Code to the contrary, any elector who declares to the 474
presiding judge of elections that the elector is unable to mark 475
the elector's ballot by reason of blindness, disability, or 476
illiteracy may be accompanied in the voting booth and aided by any 477
person of the elector's choice, other than the elector's employer, 478
an agent of the elector's employer, or an officer or agent of the 479
elector's union, if any. The elector also may request and receive 480
assistance in the marking of the elector's ballot from two 481
election officials of different political parties. Any person 482
providing assistance in the marking of an elector's ballot under 483
this section shall thereafter provide no information in regard to 484
the marking of that ballot.485

       Any judge may require a declaration of inability to be made 486
by the elector under oath before the judge. Assistance shall not 487
be rendered for causes other than those specified in this section, 488
and no candidate whose name appears on the ballot shall assist any 489
person in marking that person's ballot.490

       Sec. 3509.01. (A) The board of elections of each county shall 491
provide absent voter's ballots for use at every primary and 492
general election, or special election to be held on the day 493
specified by division (E) of section 3501.01 of the Revised Code 494
for the holding of a primary election, designated by the general 495
assembly for the purpose of submitting constitutional amendments 496
proposed by the general assembly to the voters of the state. Those 497
ballots shall be the same size, shall be printed on the same kind 498
of paper, and shall be in the same form as has been approved for 499
use at the election for which those ballots are to be voted; 500
except that, in counties using marking devices, ballot cards may 501
be used for absent voter's ballots, and those absent voters shall 502
be instructed to record the vote in the manner provided on the 503
ballot cards. In counties where punch card ballots are used, those 504
absent voters shall be instructed to examine their marked ballot 505
cards and to remove any chads that remain partially attached to 506
them before returning them to election officials.507

       (B) The rotation of names of candidates and questions and 508
issues shall be substantially complied with on absent voter's 509
ballots, within the limitation of time allotted. Those ballots 510
shall be designated as "Absent Voter's Ballots." Except as 511
otherwise provided in division (D) of this section, those ballots 512
shall be printed and ready for use as follows:513

        (1) For overseas voters and absent uniformed services voters 514
eligible to vote under the Uniformed and Overseas Citizens 515
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 516
1973ff, et seq., as amended, ballots shall be printed and ready 517
for use on the forty-fifth day before the day of the election.518

        (2) For all other voters who are applying to vote absent 519
voter's ballots, ballots shall be printed and ready for use on the 520
thirty-fifth day before the day of the election.521

       (3) If, at the time for the close of in-person absent voting 522
on a particular day, there are voters waiting in line to cast 523
their ballots, the in-person absent voting location shall be kept 524
open until such waiting voters have cast their absent voter's 525
ballots.526

       (C) Absent voter's ballots provided for use at a general or 527
primary election, or special election to be held on the day 528
specified by division (E) of section 3501.01 of the Revised Code 529
for the holding of a primary election, designated by the general 530
assembly for the purpose of submitting constitutional amendments 531
proposed by the general assembly to the voters of the state, shall 532
include only those questions, issues, and candidacies that have 533
been lawfully ordered submitted to the electors voting at that 534
election.535

        (D) If the laws governing the holding of a special election 536
on a day other than the day on which a primary or general election 537
is held make it impossible for absent voter's ballots to be 538
printed and ready for use by the deadlines established in division 539
(B) of this section, absent voter's ballots for those special 540
elections shall be ready for use as many days before the day of 541
the election as reasonably possible under the laws governing the 542
holding of that special election.543

       (E) A copy of the absent voter's ballots shall be forwarded 544
by the director of the board in each county to the secretary of 545
state at least twenty-five days before the election.546

       (F) As used in this section, "chad" and "punch card ballot" 547
have the same meanings as in section 3506.16 of the Revised Code.548

       Section 2.  That existing sections 3501.29, 3501.35, 549
3505.181, 3505.23, 3505.24, and 3509.01 of the Revised Code are 550
hereby repealed.551