Cosponsors:
Senators Obhof, Faber, Widener, Patton, Hite, Lehner, Oelslager, Eklund, LaRose, Burke, Jones, Bacon, Beagle, Manning, Gardner, Brown, Cafaro, Hughes, Peterson, Sawyer, Schaffer, Schiavoni, Tavares, Turner, Uecker
Representatives Dovilla, Gerberry, Adams, J., Cera, Curtin, Fedor, Anielski, Brenner, Brown, Buchy, Burkley, Grossman, Hackett, Hall, Huffman, Maag, McClain, Milkovich, Perales, Pillich, Retherford, Sears, Stebelton, Stinziano, Terhar, Wachtmann Speaker Batchelder
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 |
(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 any polling place that is exempted from compliance by | 59 |
the secretary of state, the board of elections shall permit any | 60 |
handicapped elector who travels to that elector's polling place, | 61 |
but who is unable to enter the polling place, to vote, with the | 62 |
assistance of two polling place officials of major political | 63 |
parties, in the vehicle that conveyed that elector to the polling | 64 |
place, or to receive and cast that elector's ballot at the door of | 65 |
the polling place. | 66 |
(2) Work with organizations that represent or provide | 72 |
services to handicapped, disabled, or elderly citizens to effect a | 73 |
wide dissemination of information about the availability of | 74 |
absentee voting, voting in the voter's vehicle or at the door of | 75 |
the polling place, or other election services to handicapped, | 76 |
disabled, or elderly citizens. | 77 |
(3) Give, tender, or exhibit any ballot or ticket to any | 98 |
person other than the elector's own ballot to the judge of | 99 |
election within the area between the polling place and the small | 100 |
flags of the United States placed on the thoroughfares and | 101 |
walkways leading to the polling place, and if the line of electors | 102 |
waiting to vote extends beyond those small flags, within ten feet | 103 |
of any elector in that line; | 104 |
(B)(1) Except as otherwise provided in division (B)(2) of | 109 |
this section and division (C) of section 3503.23 of the Revised | 110 |
Code, no person who is not an election official, employee, | 111 |
observer, or police officer shall be allowed to enter the polling | 112 |
place during the election, except for the purpose of voting or | 113 |
assisting another person to vote as provided in section 3505.24 of | 114 |
the Revised Code. | 115 |
(4) An individual who does not have any of the forms of | 144 |
identification required under division (A)(1) of section 3505.18 | 145 |
of the Revised Code, who cannot provide the last four digits of | 146 |
the individual's social security number under division (A)(2) of | 147 |
that section because the individual does not have a social | 148 |
security number, and who has executed an affirmation as permitted | 149 |
under division (A)(4) of that section; | 150 |
(12) An individual who does not have any of the forms of | 184 |
identification required under division (A)(1) of section 3505.18 | 185 |
of the Revised Code, who cannot provide the last four digits of | 186 |
the individual's social security number under division (A)(2) of | 187 |
that section because the person does not have a social security | 188 |
number, and who declines to execute an affirmation as permitted | 189 |
under division (A)(4) of that section; | 190 |
(5)(a) At the time that an individual casts a provisional | 223 |
ballot, the appropriate local election official shall give the | 224 |
individual written information that states that any individual who | 225 |
casts a provisional ballot will be able to ascertain under the | 226 |
system established under division (B)(5)(b) of this section | 227 |
whether the vote was counted, and, if the vote was not counted, | 228 |
the reason that the vote was not counted. | 229 |
(b) The appropriate state or local election official shall | 230 |
establish a free access system, in the form of a toll-free | 231 |
telephone number, that any individual who casts a provisional | 232 |
ballot may access to discover whether the vote of that individual | 233 |
was counted, and, if the vote was not counted, the reason that the | 234 |
vote was not counted. The free access system established under | 235 |
this division also shall provide to an individual whose | 236 |
provisional ballot was not counted information explaining how that | 237 |
individual may contact the board of elections to register to vote | 238 |
or to resolve problems with the individual's voter registration. | 239 |
The appropriate state or local election official shall | 240 |
establish and maintain reasonable procedures necessary to protect | 241 |
the security, confidentiality, and integrity of personal | 242 |
information collected, stored, or otherwise used by the free | 243 |
access system established under this division. Access to | 244 |
information about an individual ballot shall be restricted to the | 245 |
individual who cast the ballot. | 246 |
(6) If, at the time that an individual casts a provisional | 247 |
ballot, the individual provides identification in the form of a | 248 |
current and valid photo identification, a military identification, | 249 |
or a copy of a current utility bill, bank statement, government | 250 |
check, paycheck, or other government document, other than a notice | 251 |
of an election mailed by a board of elections under section | 252 |
3501.19 of the Revised Code or a notice of voter registration | 253 |
mailed by a board of elections under section 3503.19 of the | 254 |
Revised Code, that shows the individual's name and current | 255 |
address, or provides the last four digits of the individual's | 256 |
social security number, or executes an affirmation that the | 257 |
elector does not have any of those forms of identification or the | 258 |
last four digits of the individual's social security number | 259 |
because the individual does not have a social security number, or | 260 |
declines to execute such an affirmation, the appropriate local | 261 |
election official shall record the type of identification | 262 |
provided, the social security number information, the fact that | 263 |
the affirmation was executed, or the fact that the individual | 264 |
declined to execute such an affirmation and include that | 265 |
information with the transmission of the ballot or voter or | 266 |
address information under division (B)(3) of this section. If the | 267 |
individual declines to execute such an affirmation, the | 268 |
appropriate local election official shall record the individual's | 269 |
name and include that information with the transmission of the | 270 |
ballot under division (B)(3) of this section. | 271 |
(7) If an individual casts a provisional ballot pursuant to | 272 |
division (A)(3), (7), (8), (12), or (13) of this section, the | 273 |
election official shall indicate, on the provisional ballot | 274 |
verification statement required under section 3505.182 of the | 275 |
Revised Code, that the individual is required to provide | 276 |
additional information to the board of elections or that an | 277 |
application or challenge hearing has been postponed with respect | 278 |
to the individual, such that additional information is required | 279 |
for the board of elections to determine the eligibility of the | 280 |
individual who cast the provisional ballot. | 281 |
(i) Provide to the board of elections proof of the | 292 |
individual's identity in the form of a current and valid photo | 293 |
identification, a military identification, or a copy of a current | 294 |
utility bill, bank statement, government check, paycheck, or other | 295 |
government document, other than a notice of an election mailed by | 296 |
a board of elections under section 3501.19 of the Revised Code or | 297 |
a notice of voter registration mailed by a board of elections | 298 |
under section 3503.19 of the Revised Code, that shows the | 299 |
individual's name and current address; | 300 |
(C)(1) If an individual declares that the individual is | 314 |
eligible to vote in a jurisdiction other than the jurisdiction in | 315 |
which the individual desires to vote, or if, upon review of the | 316 |
precinct voting location guide using the residential street | 317 |
address provided by the individual, an election official at the | 318 |
polling place at which the individual desires to vote determines | 319 |
that the individual is not eligible to vote in that jurisdiction, | 320 |
the election official shall direct the individual to the polling | 321 |
place for the jurisdiction in which the individual appears to be | 322 |
eligible to vote, explain that the individual may cast a | 323 |
provisional ballot at the current location but the ballot will not | 324 |
be counted if it is cast in the wrong precinct, and provide the | 325 |
telephone number of the board of elections in case the individual | 326 |
has additional questions. | 327 |
(F) Nothing in this section or section 3505.183 of the | 377 |
Revised Code is in derogation of section 3505.24 of the Revised | 378 |
Code, which permits a blind, disabled, or illiterate elector to | 379 |
receive assistance in the marking of the elector's ballot by two | 380 |
precinct election officials of different political parties. A | 381 |
blind, disabled, or illiterate elector may receive assistance in | 382 |
marking that elector's provisional ballot and in completing the | 383 |
required affirmation in the same manner as an elector may receive | 384 |
assistance on the day of an election under that section. | 385 |
Sec. 3505.23. NoExcept as otherwise provided in this | 386 |
section, no voter shall be allowed to occupy a voting compartment | 387 |
or use a voting machine more than fiveten minutes when all the | 388 |
voting compartments or machines are in use and voters are waiting | 389 |
to occupy them. ExceptThe ten-minute time limit shall not apply | 390 |
to any person who requires the use of a disabled-accessible voting | 391 |
machine as required under the "Help America Vote Act of 2002," 116 | 392 |
Stat. 1704, 42 U.S.C. 15481. | 393 |
If a voter tears, soils, defaces, or erroneously marks a | 401 |
ballot the voter may return it to the precinct election officials | 402 |
and a second ballot shall be issued to the voter. Before returning | 403 |
a torn, soiled, defaced, or erroneously marked ballot, the voter | 404 |
shall fold it so as to conceal any marks the voter made upon it, | 405 |
but the voter shall not remove Stub A therefrom. If the voter | 406 |
tears, soils, defaces, or erroneously marks such second ballot, | 407 |
the voter may return it to the precinct election officials, and a | 408 |
third ballot shall be issued to the voter. In no case shall more | 409 |
than three ballots be issued to a voter. Upon receiving a returned | 410 |
torn, soiled, defaced, or erroneously marked ballot the precinct | 411 |
election officials shall detach Stub A therefrom, write "Defaced" | 412 |
on the back of such ballot, and place the stub and the ballot in | 413 |
the separate containers provided therefor. | 414 |
Before leaving the voting compartment, the voter shall fold | 420 |
each ballot marked by the voter so that no part of the face of the | 421 |
ballot is visible, and so that the printing thereon indicating the | 422 |
kind of ballot it is and the facsimile signatures of the members | 423 |
of the board of elections are visible. The voter shall then leave | 424 |
the voting compartment, deliver the voter's ballots, and state the | 425 |
voter's name to the judge having charge of the ballot boxes, who | 426 |
shall announce the name, detach Stub A from each ballot, and | 427 |
announce the number on the stubs. The judges in charge of the poll | 428 |
lists or poll books shall check to ascertain whether the number so | 429 |
announced is the number on Stub B of the ballots issued to such | 430 |
voter, and if no discrepancy appears to exist, the judge in charge | 431 |
of the ballot boxes shall, in the presence of the voter, deposit | 432 |
each such ballot in the proper ballot box and shall place Stub A | 433 |
from each ballot in the container provided therefor. The voter | 434 |
shall then immediately leave the polling place. | 435 |
In marking a primary election ballot, the voter shall record | 451 |
the vote in the manner provided on the ballot next to the name of | 452 |
each candidate for whom the voter desires to vote. If the voter | 453 |
desires to vote for the nomination of a person whose name is not | 454 |
printed on the primary election ballot, the voter may do so by | 455 |
writing such person's name on the ballot in the proper place | 456 |
provided for such purpose. | 457 |
In marking any ballot on which a blank space has been | 464 |
provided wherein an elector may write in the name of a person for | 465 |
whom the elector desires to vote, the elector shall write such | 466 |
person's name in such blank space and on no other place on the | 467 |
ballot. Unless specific provision is made by statute, no blank | 468 |
space shall be provided on a ballot for write-in votes, and any | 469 |
names written on a ballot other than in a blank space provided | 470 |
therefor shall not be counted or recorded. | 471 |
Sec. 3505.24. AnyNotwithstanding any provision of the | 472 |
Revised Code to the contrary, any elector who declares to the | 473 |
presiding judge of elections that the elector is unable to mark | 474 |
the elector's ballot by reason of blindness, disability, or | 475 |
illiteracy may be accompanied in the voting booth and aided by any | 476 |
person of the elector's choice, other than the elector's employer, | 477 |
an agent of the elector's employer, or an officer or agent of the | 478 |
elector's union, if any. The elector also may request and receive | 479 |
assistance in the marking of the elector's ballot from two | 480 |
election officials of different political parties. Any person | 481 |
providing assistance in the marking of an elector's ballot under | 482 |
this section shall thereafter provide no information in regard to | 483 |
the marking of that ballot. | 484 |
Sec. 3509.01. (A) The board of elections of each county shall | 490 |
provide absent voter's ballots for use at every primary and | 491 |
general election, or special election to be held on the day | 492 |
specified by division (E) of section 3501.01 of the Revised Code | 493 |
for the holding of a primary election, designated by the general | 494 |
assembly for the purpose of submitting constitutional amendments | 495 |
proposed by the general assembly to the voters of the state. Those | 496 |
ballots shall be the same size, shall be printed on the same kind | 497 |
of paper, and shall be in the same form as has been approved for | 498 |
use at the election for which those ballots are to be voted; | 499 |
except that, in counties using marking devices, ballot cards may | 500 |
be used for absent voter's ballots, and those absent voters shall | 501 |
be instructed to record the vote in the manner provided on the | 502 |
ballot cards. In counties where punch card ballots are used, those | 503 |
absent voters shall be instructed to examine their marked ballot | 504 |
cards and to remove any chads that remain partially attached to | 505 |
them before returning them to election officials. | 506 |
(C) Absent voter's ballots provided for use at a general or | 526 |
primary election, or special election to be held on the day | 527 |
specified by division (E) of section 3501.01 of the Revised Code | 528 |
for the holding of a primary election, designated by the general | 529 |
assembly for the purpose of submitting constitutional amendments | 530 |
proposed by the general assembly to the voters of the state, shall | 531 |
include only those questions, issues, and candidacies that have | 532 |
been lawfully ordered submitted to the electors voting at that | 533 |
election. | 534 |
(D) If the laws governing the holding of a special election | 535 |
on a day other than the day on which a primary or general election | 536 |
is held make it impossible for absent voter's ballots to be | 537 |
printed and ready for use by the deadlines established in division | 538 |
(B) of this section, absent voter's ballots for those special | 539 |
elections shall be ready for use as many days before the day of | 540 |
the election as reasonably possible under the laws governing the | 541 |
holding of that special election. | 542 |