Section 1. That sections 111.29, 145.053, 329.051, 742.042, | 25 |
2961.01, 2967.17, 3307.072, 3309.072, 3313.77, 3501.01, 3501.011, | 26 |
3501.012, 3501.04, 3501.05, 3501.11, 3501.13, 3501.18, 3501.30, | 27 |
3501.31, 3501.33, 3501.90, 3503.02, 3503.07, 3503.09, 3503.10, | 28 |
3503.11, 3503.111, 3503.12, 3503.13, 3503.14, 3503.15, 3503.16, | 29 |
3503.17, 3503.18, 3503.19, 3503.191, 3503.21, 3503.24, 3503.25, | 30 |
3503.26, 3503.28, 3503.30, 3503.33, 3505.20, 3509.03, 3509.04, | 31 |
3511.02, 3511.021, 3511.04, 3517.01, 3517.08, 3517.1013, 3517.18, | 32 |
3599.02, 3599.11, 3599.161, 3599.18, 3599.26, 3599.31, 4501.023, | 33 |
4503.03, 4507.06, 4507.51, 5101.54, 5115.05, and 5505.044 be | 34 |
amended and new section 3599.111 and section 3503.192 of the | 35 |
Revised Code be enacted to read as follows: | 36 |
Sec. 111.29. There is hereby created in the state treasury | 37 |
the citizen education fund. The fund shall receive gifts, grants, | 38 |
fees, and donations from private individuals and entities for | 39 |
voter education purposes. The secretary of state shall use the | 40 |
moneys credited to the fund for preparing, printing, and | 41 |
distributing voter registration and preregistration and | 42 |
educational materials and for conducting related workshops and | 43 |
conferences for public education. | 44 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 55 |
of indebtedness, donation, advance, payment, transfer of funds or | 56 |
transfer of anything of value including a transfer of funds from | 57 |
an inter vivos or testamentary trust or decedent's estate, and the | 58 |
payment by any person other than the person to whom the services | 59 |
are rendered for the personal services of another person, which | 60 |
contribution is made, received, or used for the purpose of | 61 |
influencing the results of an election to the public employees | 62 |
retirement board under section 145.05 of the Revised Code, | 63 |
including a special election provided for by section 145.051 of | 64 |
the Revised Code, or the results of an election to fill a vacancy | 65 |
on the board pursuant to section 145.06 of the Revised Code. | 66 |
"Contribution" does not include: | 67 |
(6) "Independent expenditure" means an expenditure by an | 93 |
individual, partnership, or other entity advocating the election | 94 |
or defeat of an identified candidate or candidates, that is not | 95 |
made with the consent of, in coordination, cooperation, or | 96 |
consultation with, or at the request or suggestion of any | 97 |
candidate or candidates or of the campaign committee or agent of | 98 |
the candidate or candidates. An independent expenditure shall not | 99 |
be construed as being a contribution. As used in division (A)(6) | 100 |
of this section: | 101 |
(c) "Made in coordination, cooperation, or consultation with, | 108 |
or at the request or suggestion of, any candidate or the campaign | 109 |
committee or agent of the candidate" means made pursuant to any | 110 |
arrangement, coordination, or direction by the candidate, the | 111 |
candidate's campaign committee, or the candidate's agent prior to | 112 |
the publication, distribution, display, or broadcast of the | 113 |
communication. An expenditure is presumed to be so made when it is | 114 |
any of the following: | 115 |
(7) "In-kind contribution" means anything of value other than | 135 |
money that is used to influence the results of an election to the | 136 |
public employees retirement board under section 145.05 of the | 137 |
Revised Code, including a special election provided for by section | 138 |
145.051 of the Revised Code, or the results of an election to fill | 139 |
a vacancy on the board pursuant to section 145.06 of the Revised | 140 |
Code, or is transferred to or used in support of or in opposition | 141 |
to a candidate and that is made with the consent of, in | 142 |
coordination, cooperation, or consultation with, or at the request | 143 |
or suggestion of the benefited candidate. The financing of the | 144 |
dissemination, distribution, or republication, in whole or part, | 145 |
of any broadcast or of any written, graphic, or other form of | 146 |
campaign materials prepared by the candidate, the candidate's | 147 |
campaign committee, or their authorized agents is an in-kind | 148 |
contribution to the candidate and an expenditure by the candidate. | 149 |
(B) Except as otherwise provided in division (D) of this | 153 |
section, each candidate who, or whose campaign committee, receives | 154 |
contributions or in-kind contributions totaling one thousand | 155 |
dollars or more or has expenditures totaling one thousand dollars | 156 |
or more in connection with the candidate's efforts to be elected | 157 |
to the public employees retirement board shall file with the | 158 |
secretary of state two complete, accurate, and itemized statements | 159 |
setting forth in detail the contributions, in-kind contributions, | 160 |
and expenditures. The statements shall be filed regardless of | 161 |
whether the election is a regular election or, pursuant to section | 162 |
145.051 of the Revised Code, a special election. The statements | 163 |
shall also be filed regardless of whether, pursuant to section | 164 |
145.052 of the Revised Code, no election is held. The statements | 165 |
shall be made on a form prescribed under section 111.30 of the | 166 |
Revised Code. Every expenditure shall be vouched for by a | 167 |
receipted bill, stating the purpose of the expenditures, that | 168 |
shall be filed with the statement; a canceled check with a | 169 |
notation of the purpose of the expenditure is a receipted bill for | 170 |
purposes of this division. | 171 |
The first statement shall be filed not later than four p.m. | 172 |
on the day that is twelve days before election day. The second | 173 |
statement shall be filed not sooner than the day that is eight | 174 |
days after election day and not later than thirty-eight days after | 175 |
election day. The first statement shall reflect contributions and | 176 |
in-kind contributions received and expenditures made to the close | 177 |
of business on the twentieth day before election day. The second | 178 |
statement shall reflect contributions and in-kind contributions | 179 |
received and expenditures made during the period beginning on the | 180 |
nineteenth day before election day and ending on the close of | 181 |
business on the seventh day after election day. | 182 |
(C) Each individual, partnership, or other entity that makes | 183 |
an independent expenditure in connection with the candidate's | 184 |
efforts to be elected to the public employees retirement board | 185 |
shall file with the secretary of state two complete, accurate, and | 186 |
itemized statements setting forth in detail the independent | 187 |
expenditures. The statements shall be filed regardless of whether | 188 |
the election is a regular election or, pursuant to section 145.051 | 189 |
of the Revised Code, a special election. The statements also shall | 190 |
be filed regardless of whether, pursuant to section 145.052 of the | 191 |
Revised Code, no election is held. The statements shall be made on | 192 |
a form prescribed under section 111.30 of the Revised Code. | 193 |
The first statement shall be filed not later than four p.m. | 194 |
on the day that is twelve days before election day. The second | 195 |
statement shall be filed not sooner than the day that is eight | 196 |
days after election day and not later than thirty-eight days after | 197 |
election day. The first statement shall reflect independent | 198 |
expenditures made to the close of business on the twentieth day | 199 |
before election day. The second statement shall reflect | 200 |
independent expenditures made during the period beginning on the | 201 |
nineteenth day before election day and ending on the close of | 202 |
business on the seventh day after election day. | 203 |
(D) Each candidate who, or whose campaign committee, receives | 204 |
a contribution or in-kind contribution or makes an expenditure in | 205 |
connection with the candidate's efforts to be elected to fill a | 206 |
vacancy in the public employees retirement board pursuant to | 207 |
section 145.06 of the Revised Code shall file with the secretary | 208 |
of state a complete, accurate, and itemized statement setting | 209 |
forth in detail the contributions, in-kind contributions, and | 210 |
expenditures. The statement shall be made on a form prescribed | 211 |
under section 111.30 of the Revised Code. Every expenditure shall | 212 |
be vouched for by a receipted bill, stating the purpose of the | 213 |
expenditures, that shall be filed with the statement; a canceled | 214 |
check with a notation of the purpose of the expenditure is a | 215 |
receipted bill for purposes of this division. | 216 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 246 |
of indebtedness, donation, advance, payment, transfer of funds or | 247 |
transfer of anything of value including a transfer of funds from | 248 |
an inter vivos or testamentary trust or decedent's estate, and the | 249 |
payment by any person other than the person to whom the services | 250 |
are rendered for the personal services of another person, which | 251 |
contribution is made, received, or used for the purpose of | 252 |
influencing the results of an election to the board of trustees of | 253 |
the Ohio police and fire pension fund under section 742.04 of the | 254 |
Revised Code or the results of an election to fill a vacancy on | 255 |
the board pursuant to section 742.05 of the Revised Code. | 256 |
"Contribution" does not include: | 257 |
(6) "Independent expenditure" means an expenditure by an | 279 |
individual, partnership, or other entity advocating the election | 280 |
or defeat of an identified candidate or candidates, that is not | 281 |
made with the consent of, in coordination, cooperation, or | 282 |
consultation with, or at the request or suggestion of any | 283 |
candidate or candidates or of the campaign committee or agent of | 284 |
the candidate or candidates. An independent expenditure shall not | 285 |
be construed as being a contribution. As used in division (A)(6) | 286 |
of this section: | 287 |
(c) "Made in coordination, cooperation, or consultation with, | 294 |
or at the request or suggestion of, any candidate or the campaign | 295 |
committee or agent of the candidate" means made pursuant to any | 296 |
arrangement, coordination, or direction by the candidate, the | 297 |
candidate's campaign committee, or the candidate's agent prior to | 298 |
the publication, distribution, display, or broadcast of the | 299 |
communication. An expenditure is presumed to be so made when it is | 300 |
any of the following: | 301 |
(7) "In-kind contribution" means anything of value other than | 321 |
money that is used to influence the results of an election to the | 322 |
board of trustees of the Ohio police and fire pension fund under | 323 |
section 742.04 of the Revised Code or the results of an election | 324 |
to fill a vacancy on the board pursuant to section 742.05 of the | 325 |
Revised Code or is transferred to or used in support of or in | 326 |
opposition to a candidate and that is made with the consent of, in | 327 |
coordination, cooperation, or consultation with, or at the request | 328 |
or suggestion of the benefited candidate. The financing of the | 329 |
dissemination, distribution, or republication, in whole or part, | 330 |
of any broadcast or of any written, graphic, or other form of | 331 |
campaign materials prepared by the candidate, the candidate's | 332 |
campaign committee, or their authorized agents is an in-kind | 333 |
contribution to the candidate and an expenditure by the candidate. | 334 |
(B) Except as otherwise provided in division (D) of this | 338 |
section, each candidate who, or whose campaign committee, receives | 339 |
contributions or in-kind contributions totaling one thousand | 340 |
dollars or more or has expenditures totaling one thousand dollars | 341 |
or more in connection with the candidate's efforts to be elected | 342 |
to the board of trustees of the Ohio police and fire pension fund | 343 |
shall file with the secretary of state two complete, accurate, and | 344 |
itemized statements setting forth in detail the contributions, | 345 |
in-kind contributions, and expenditures. The statements shall be | 346 |
filed regardless of whether, pursuant to section 742.041 of the | 347 |
Revised Code, no election is held. The statements shall be made on | 348 |
a form prescribed under section 111.30 of the Revised Code. Every | 349 |
expenditure shall be vouched for by a receipted bill, stating the | 350 |
purpose of the expenditures, that shall be filed with the | 351 |
statement; a canceled check with a notation of the purpose of the | 352 |
expenditure is a receipted bill for purposes of this division. | 353 |
The first statement shall be filed not later than four p.m. | 354 |
on the day that is twelve days before election day. The second | 355 |
statement shall be filed not sooner than the day that is eight | 356 |
days after election day and not later than thirty-eight days after | 357 |
election day. The first statement shall reflect contributions and | 358 |
in-kind contributions received and expenditures made to the close | 359 |
of business on the twentieth day before election day. The second | 360 |
statement shall reflect contributions and in-kind contributions | 361 |
received and expenditures made during the period beginning on the | 362 |
nineteenth day before election day and ending on the close of | 363 |
business on the seventh day after election day. | 364 |
(C) Each individual, partnership, or other entity who makes | 365 |
an independent expenditure in connection with the candidate's | 366 |
efforts to be elected to the board of trustees of the police and | 367 |
fire pension fund shall file with the secretary of state two | 368 |
complete, accurate, and itemized statements setting forth in | 369 |
detail the independent expenditures. The statements shall be filed | 370 |
regardless of whether, pursuant to section 742.041 of the Revised | 371 |
Code, no election is held. The statements shall be made on a form | 372 |
prescribed under section 111.30 of the Revised Code. | 373 |
The first statement shall be filed not later than four p.m. | 374 |
on the day that is twelve days before election day. The second | 375 |
statement shall be filed not sooner than the day that is eight | 376 |
days after election day and not later than thirty-eight days after | 377 |
election day. The first statement shall reflect independent | 378 |
expenditures made to the close of business on the twentieth day | 379 |
before election day. The second statement shall reflect | 380 |
independent expenditures made during the period beginning on the | 381 |
nineteenth day before election day and ending on the close of | 382 |
business on the seventh day after election day. | 383 |
(D) Each candidate who, or whose campaign committee, receives | 384 |
a contribution or in-kind contribution or makes an expenditure in | 385 |
connection with the candidate's efforts to be elected to fill a | 386 |
vacancy in the board of trustees of the police and fire pension | 387 |
fund pursuant to section 742.05 of the Revised Code shall file | 388 |
with the secretary of state a complete, accurate, and itemized | 389 |
statement setting forth in detail the contributions, in-kind | 390 |
contributions, and expenditures. The statement shall be made on a | 391 |
form prescribed under section 111.30 of the Revised Code. Every | 392 |
expenditure shall be vouched for by a receipted bill, stating the | 393 |
purpose of the expenditures, that shall be filed with the | 394 |
statement; a canceled check with a notation of the purpose of the | 395 |
expenditure is a receipted bill for purposes of this division. | 396 |
Sec. 2961.01. (A)(1) A person who pleads guilty to a felony | 402 |
under the laws of this or any other state or the United States and | 403 |
whose plea is accepted by the court or a person against whom a | 404 |
verdict or finding of guilt for committing a felony under any law | 405 |
of that type is returned, unless the plea, verdict, or finding is | 406 |
reversed or annulled, is incompetent to be an elector or juror or | 407 |
to hold an office of honor, trust, or profit. | 408 |
(2) When any person who under division (A)(1) of this section | 409 |
is incompetent to be an elector or juror or to hold an office of | 410 |
honor, trust, or profit is granted parole, judicial release, or a | 411 |
conditional pardon or is released under a non-jail community | 412 |
control sanction or a post-release control sanction, the person is | 413 |
competent to be an elector during the period of community control, | 414 |
parole, post-release control, or release or until the conditions | 415 |
of the pardon have been performed or have transpired and is | 416 |
competent to be an elector thereafter following final discharge. | 417 |
The full pardon of a person who under division (A)(1) of this | 418 |
section is incompetent to be an elector or juror or to hold an | 419 |
office of honor, trust, or profit restores the rights and | 420 |
privileges so forfeited under division (A)(1) of this section, but | 421 |
a pardon shall not release the person from the costs of a | 422 |
conviction in this state, unless so specified. | 423 |
(B) A person who pleads guilty to a felony under laws of this | 424 |
state or any other state or the United States and whose plea is | 425 |
accepted by the court or a person against whom a verdict or | 426 |
finding of guilt for committing a felony under any law of that | 427 |
type is returned is incompetent to circulate or serve as a witness | 428 |
for the signing of any declaration of candidacy and petition, | 429 |
voter registration or preregistration application, or nominating, | 430 |
initiative, referendum, or recall petition. | 431 |
(b) For purposes of divisions (B)(2) and (3) of this section, | 458 |
a violation of section 2923.32 of the Revised Code or any other | 459 |
violation or offense that includes as an element a course of | 460 |
conduct or the occurrence of multiple acts is "committed on or | 461 |
after the effective date of this amendmentMay 13, 2008," if the | 462 |
course of conduct continues, one or more of the multiple acts | 463 |
occurs, or the subject person's accountability for the course of | 464 |
conduct or for one or more of the multiple acts continues, on or | 465 |
after the effective date of this amendmentMay 13, 2008. | 466 |
(2) The adult parole authority shall not grant an | 467 |
administrative release except upon the concurrence of a majority | 468 |
of the parole board and approval of the chief of the adult parole | 469 |
authority. An administrative release does not restore for the | 470 |
person to whom it is granted the rights and privileges forfeited | 471 |
by conviction as provided in section 2961.01 of the Revised Code. | 472 |
Any person granted an administrative release under this section | 473 |
may subsequently apply for a commutation of sentence for the | 474 |
purpose of regaining the rights and privileges forfeited by | 475 |
conviction, except that the privilege of circulating or serving as | 476 |
a witness for the signing of any declaration of candidacy and | 477 |
petition, voter registration or preregistration application, or | 478 |
nominating, initiative, referendum, or recall petition forfeited | 479 |
under section 2961.01 of the Revised Code may not be restored | 480 |
under this section and except that the privilege of holding a | 481 |
position of honor, trust, or profit may not be restored under this | 482 |
section to a person in the circumstances described in division | 483 |
(B)(3) of this section. | 484 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 501 |
of indebtedness, donation, advance, payment, transfer of funds or | 502 |
transfer of anything of value including a transfer of funds from | 503 |
an inter vivos or testamentary trust or decedent's estate, and the | 504 |
payment by any person other than the person to whom the services | 505 |
are rendered for the personal services of another person, which | 506 |
contribution is made, received, or used for the purpose of | 507 |
influencing the results of an election to the state teachers | 508 |
retirement board under section 3307.07 of the Revised Code or the | 509 |
results of an election to fill a vacancy on the board pursuant to | 510 |
division (D) of section 3307.06 of the Revised Code. | 511 |
"Contribution" does not include: | 512 |
(6) "Independent expenditure" means an expenditure by an | 533 |
individual, partnership, or other entity advocating the election | 534 |
or defeat of an identified candidate or candidates, that is not | 535 |
made with the consent of, in coordination, cooperation, or | 536 |
consultation with, or at the request or suggestion of any | 537 |
candidate or candidates or of the campaign committee or agent of | 538 |
the candidate or candidates. An independent expenditure shall not | 539 |
be construed as being a contribution. As used in division (A)(6) | 540 |
of this section: | 541 |
(c) "Made in coordination, cooperation, or consultation with, | 548 |
or at the request or suggestion of, any candidate or the campaign | 549 |
committee or agent of the candidate" means made pursuant to any | 550 |
arrangement, coordination, or direction by the candidate, the | 551 |
candidate's campaign committee, or the candidate's agent prior to | 552 |
the publication, distribution, display, or broadcast of the | 553 |
communication. An expenditure is presumed to be so made when it is | 554 |
any of the following: | 555 |
(7) "In-kind contribution" means anything of value other than | 575 |
money that is used to influence the results of an election to the | 576 |
state teachers retirement board under section 3307.07 of the | 577 |
Revised Code or the results of an election to fill a vacancy on | 578 |
the board pursuant to division (D) of section 3307.06 of the | 579 |
Revised Code or is transferred to or used in support of or in | 580 |
opposition to a candidate and that is made with the consent of, in | 581 |
coordination, cooperation, or consultation with, or at the request | 582 |
or suggestion of the benefited candidate. The financing of the | 583 |
dissemination, distribution, or republication, in whole or part, | 584 |
of any broadcast or of any written, graphic, or other form of | 585 |
campaign materials prepared by the candidate, the candidate's | 586 |
campaign committee, or their authorized agents is an in-kind | 587 |
contribution to the candidate and an expenditure by the candidate. | 588 |
(B) Except as otherwise provided in division (D) of this | 592 |
section, each candidate who, or whose campaign committee, receives | 593 |
contributions or in-kind contributions totaling one thousand | 594 |
dollars or more or has expenditures totaling one thousand dollars | 595 |
or more in connection with the candidate's efforts to be elected | 596 |
to the state teachers retirement board shall file with the | 597 |
secretary of state two complete, accurate, and itemized statements | 598 |
setting forth in detail the contributions, in-kind contributions, | 599 |
and expenditures. The statements shall be filed regardless of | 600 |
whether, pursuant to section 3307.071 of the Revised Code, no | 601 |
election is held. The statements shall be made on a form | 602 |
prescribed under section 111.30 of the Revised Code. Every | 603 |
expenditure shall be vouched for by a receipted bill, stating the | 604 |
purpose of the expenditures, that shall be filed with the | 605 |
statement; a canceled check with a notation of the purpose of the | 606 |
expenditure is a receipted bill for purposes of this division. | 607 |
The first statement shall be filed not later than four p.m. | 608 |
on the day that is twelve days before election day. The second | 609 |
statement shall be filed not sooner than the day that is eight | 610 |
days after election day and not later than thirty-eight days after | 611 |
election day. The first statement shall reflect contributions and | 612 |
in-kind contributions received and expenditures made to the close | 613 |
of business on the twentieth day before election day. The second | 614 |
statement shall reflect contributions and in-kind contributions | 615 |
received and expenditures made during the period beginning on the | 616 |
nineteenth day before election day and ending on the close of | 617 |
business on the seventh day after election day. | 618 |
(C) Each individual, partnership, or other entity who makes | 619 |
an independent expenditure in connection with the candidate's | 620 |
efforts to be elected to the state teachers retirement board shall | 621 |
file with the secretary of state two complete, accurate, and | 622 |
itemized statements setting forth in detail the independent | 623 |
expenditures. The statements shall be filed regardless of whether, | 624 |
pursuant to section 3307.071 of the Revised Code, no election is | 625 |
held. The statements shall be made on a form prescribed under | 626 |
section 111.30 of the Revised Code. | 627 |
The first statement shall be filed not later than four p.m. | 628 |
on the day that is twelve days before election day. The second | 629 |
statement shall be filed not sooner than the day that is eight | 630 |
days after election day and not later than thirty-eight days after | 631 |
election day. The first statement shall reflect independent | 632 |
expenditures made to the close of business on the twentieth day | 633 |
before election day. The second statement shall reflect | 634 |
independent expenditures made during the period beginning on the | 635 |
nineteenth day before election day and ending on the close of | 636 |
business on the seventh day after election day. | 637 |
(D) Each candidate who, or whose campaign committee, receives | 638 |
a contribution or in-kind contribution or makes an expenditure in | 639 |
connection with the candidate's efforts to be elected to fill a | 640 |
vacancy in the state teachers retirement board pursuant to | 641 |
division (D) of section 3307.06 of the Revised Code shall file | 642 |
with the secretary of state a complete, accurate, and itemized | 643 |
statement setting forth in detail the contributions, in-kind | 644 |
contributions, and expenditures. The statement shall be made on a | 645 |
form prescribed under section 111.30 of the Revised Code. Every | 646 |
expenditure shall be vouched for by a receipted bill, stating the | 647 |
purpose of the expenditures, that shall be filed with the | 648 |
statement; a canceled check with a notation of the purpose of the | 649 |
expenditure is a receipted bill for purposes of this division. | 650 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 666 |
of indebtedness, donation, advance, payment, transfer of funds or | 667 |
transfer of anything of value including a transfer of funds from | 668 |
an inter vivos or testamentary trust or decedent's estate, and the | 669 |
payment by any person other than the person to whom the services | 670 |
are rendered for the personal services of another person, which | 671 |
contribution is made, received, or used for the purpose of | 672 |
influencing the results of an election to the school employees | 673 |
retirement board under section 3309.07 of the Revised Code or the | 674 |
results of an election to fill a vacancy on the board pursuant to | 675 |
division (C) of section 3309.06 of the Revised Code. | 676 |
"Contribution" does not include: | 677 |
(6) "Independent expenditure" means an expenditure by an | 698 |
individual, partnership, or other entity advocating the election | 699 |
or defeat of an identified candidate or candidates, that is not | 700 |
made with the consent of, in coordination, cooperation, or | 701 |
consultation with, or at the request or suggestion of any | 702 |
candidate or candidates or of the campaign committee or agent of | 703 |
the candidate or candidates. An independent expenditure shall not | 704 |
be construed as being a contribution. As used in division (A)(6) | 705 |
of this section: | 706 |
(c) "Made in coordination, cooperation, or consultation with, | 713 |
or at the request or suggestion of, any candidate or the campaign | 714 |
committee or agent of the candidate" means made pursuant to any | 715 |
arrangement, coordination, or direction by the candidate, the | 716 |
candidate's campaign committee, or the candidate's agent prior to | 717 |
the publication, distribution, display, or broadcast of the | 718 |
communication. An expenditure is presumed to be so made when it is | 719 |
any of the following: | 720 |
(7) "In-kind contribution" means anything of value other than | 740 |
money that is used to influence the results of an election to the | 741 |
school employees retirement board under section 3309.07 of the | 742 |
Revised Code or the results of an election to fill a vacancy on | 743 |
the board pursuant to division (C) of section 3309.06 of the | 744 |
Revised Code or is transferred to or used in support of or in | 745 |
opposition to a candidate and that is made with the consent of, in | 746 |
coordination, cooperation, or consultation with, or at the request | 747 |
or suggestion of the benefited candidate. The financing of the | 748 |
dissemination, distribution, or republication, in whole or part, | 749 |
of any broadcast or of any written, graphic, or other form of | 750 |
campaign materials prepared by the candidate, the candidate's | 751 |
campaign committee, or their authorized agents is an in-kind | 752 |
contribution to the candidate and an expenditure by the candidate. | 753 |
(B) Except as otherwise provided in division (D) of this | 757 |
section, each candidate who, or whose campaign committee, receives | 758 |
contributions or in-kind contributions totaling one thousand | 759 |
dollars or more or has expenditures totaling one thousand dollars | 760 |
or more in connection with the candidate's efforts to be elected | 761 |
to the school employees retirement board under section 3309.07 of | 762 |
the Revised Code shall file with the secretary of state two | 763 |
complete, accurate, and itemized statements setting forth in | 764 |
detail the contributions, in-kind contributions, and expenditures. | 765 |
The statements shall be filed regardless of whether, pursuant to | 766 |
section 3309.071 of the Revised Code, no election is held. The | 767 |
statements shall be made on a form prescribed under section 111.30 | 768 |
of the Revised Code. Every expenditure in excess of twenty-five | 769 |
dollars shall be vouched for by a receipted bill, stating the | 770 |
purpose of the expenditures, that shall be filed with the | 771 |
statement; a canceled check with a notation of the purpose of the | 772 |
expenditure is a receipted bill for purposes of this division. | 773 |
The first statement shall be filed not later than four p.m. | 774 |
on the day that is twelve days before election day. The second | 775 |
statement shall be filed not sooner than the day that is eight | 776 |
days after election day and not later than thirty-eight days after | 777 |
election day. The first statement shall reflect contributions and | 778 |
in-kind contributions received and expenditures made to the close | 779 |
of business on the twentieth day before election day. The second | 780 |
statement shall reflect contributions and in-kind contributions | 781 |
received and expenditures made during the period beginning on the | 782 |
nineteenth day before election day and ending on the close of | 783 |
business on the seventh day after election day. | 784 |
(C) Each individual, partnership, or other entity who makes | 785 |
an independent expenditure in connection with the candidate's | 786 |
efforts to be elected to the school employees retirement board | 787 |
under section 3309.07 of the Revised Code shall file with the | 788 |
secretary of state two complete, accurate, and itemized statements | 789 |
setting forth in detail the independent expenditures. The | 790 |
statements shall be filed regardless of whether, pursuant to | 791 |
section 3309.071 of the Revised Code, no election is held. The | 792 |
statements shall be made on a form prescribed under section 111.30 | 793 |
of the Revised Code. | 794 |
The first statement shall be filed not later than four p.m. | 795 |
on the day that is twelve days before election day. The second | 796 |
statement shall be filed not sooner than the day that is eight | 797 |
days after election day and not later than thirty-eight days after | 798 |
election day. The first statement shall reflect independent | 799 |
expenditures made to the close of business on the twentieth day | 800 |
before election day. The second statement shall reflect | 801 |
independent expenditures made during the period beginning on the | 802 |
nineteenth day before election day and ending on the close of | 803 |
business on the seventh day after election day. | 804 |
(D) Each candidate who, or whose campaign committee, receives | 805 |
contributions or in-kind contributions totaling one thousand | 806 |
dollars or more or has expenditures totaling one thousand dollars | 807 |
or more in connection with the candidate's efforts to be elected | 808 |
to fill a vacancy in the school employees retirement board | 809 |
pursuant to division (C) of section 3309.06 of the Revised Code | 810 |
shall file with the secretary of state a complete, accurate, and | 811 |
itemized statement setting forth in detail the contributions, | 812 |
in-kind contributions, and expenditures. The statement shall be | 813 |
made on a form prescribed under section 111.30 of the Revised | 814 |
Code. Every expenditure in excess of twenty-five dollars shall be | 815 |
vouched for by a receipted bill, stating the purpose of the | 816 |
expenditures, that shall be filed with the statement; a canceled | 817 |
check with a notation of the purpose of the expenditure is a | 818 |
receipted bill for purposes of this division. | 819 |
(E) Each individual, partnership, or other entity that makes | 825 |
an independent expenditure in connection with the candidate's | 826 |
efforts to be elected to fill a vacancy in the school employees | 827 |
retirement board under division (C) of section 3309.06 of the | 828 |
Revised Code shall file with the secretary of state a complete, | 829 |
accurate, and itemized statement setting forth in detail the | 830 |
independent expenditures. The statement shall be made on a form | 831 |
prescribed under section 111.30 of the Revised Code. | 832 |
Sec. 3313.77. The board of education of any city, exempted | 837 |
village, or local school district shall, upon request and the | 838 |
payment of a reasonable fee, subject to such regulation as is | 839 |
adopted by such board, permit the use of any school house and | 840 |
rooms therein and the grounds and other property under its | 841 |
control, when not in actual use for school purposes, for any of | 842 |
the following purposes: | 843 |
Within sixty days after
the effective date of this section | 856 |
November 28, 1975, the board of education of each school district | 857 |
shall adopt a policy for the use of school facilities by the | 858 |
public, including a list of all fees to be paid for the use of | 859 |
such facilities and the costs used to determine such fees. Once | 860 |
adopted, the policy shall remain in effect until formally amended | 861 |
by the board. A copy of the policy shall be made available to any | 862 |
resident of the district upon request. | 863 |
(D) "Special election" means any election other than those | 874 |
elections defined in other divisions of this section. A special | 875 |
election may be held only on the first Tuesday after the first | 876 |
Monday in February, May, August, or November, or on the day | 877 |
authorized by a particular municipal or county charter for the | 878 |
holding of a primary election, except that in any year in which a | 879 |
presidential primary election is held, no special election shall | 880 |
be held in February or May, except as authorized by a municipal or | 881 |
county charter, but may be held on the first Tuesday after the | 882 |
first Monday in March. | 883 |
(2) "Presidential primary election" means a primary election | 892 |
as defined by division (E)(1) of this section at which an election | 893 |
is held for the purpose of choosing delegates and alternates to | 894 |
the national conventions of the major political parties pursuant | 895 |
to section 3513.12 of the Revised Code. Unless otherwise | 896 |
specified, presidential primary elections are included in | 897 |
references to primary elections. In years in which a presidential | 898 |
primary election is held, all primary elections shall be held on | 899 |
the first Tuesday after the first Monday in March except as | 900 |
otherwise authorized by a municipal or county charter. | 901 |
(3) "Minor political party" means any political party | 915 |
organized under the laws of this state whose candidate for | 916 |
governor or nominees for presidential electors received less than | 917 |
ten per cent but not less than five per cent of the total vote | 918 |
cast for such office at the most recent regular state election or | 919 |
which has filed with the secretary of state, subsequent to any | 920 |
election in which it received less than five per cent of such | 921 |
vote, a petition signed by qualified electors equal in number to | 922 |
at least one per cent of the total vote cast for such office in | 923 |
the last preceding regular state election, except that a newly | 924 |
formed political party shall be known as a minor political party | 925 |
until the time of the first election for governor or president | 926 |
which occurs not less than twelve months subsequent to the | 927 |
formation of such party, after which election the status of such | 928 |
party shall be determined by the vote for the office of governor | 929 |
or president. | 930 |
(H) "Candidate" means any qualified person certified in | 937 |
accordance with the provisions of the Revised Code for placement | 938 |
on the official ballot of a primary, general, or special election | 939 |
to be held in this state, or any qualified person who claims to be | 940 |
a write-in candidate, or who knowingly assents to being | 941 |
represented as a write-in candidate by another at either a | 942 |
primary, general, or special election to be held in this state. | 943 |
(J) "Nonpartisan candidate" means any candidate whose name is | 950 |
required, pursuant to section 3505.04 of the Revised Code, to be | 951 |
listed on the nonpartisan ballot, including all candidates for | 952 |
judicial office, for member of any board of education, for | 953 |
municipal or township offices in which primary elections are not | 954 |
held for nominating candidates by political parties, and for | 955 |
offices of municipal corporations having charters that provide for | 956 |
separate ballots for elections for these offices. | 957 |
(L) "Officer of a political party" includes, but is not | 965 |
limited to, any member, elected or appointed, of a controlling | 966 |
committee, whether representing the territory of the state, a | 967 |
district therein, a county, township, a city, a ward, a precinct, | 968 |
or other territory, of a major, intermediate, or minor political | 969 |
party. | 970 |
(X) "Designated agency" means an office or agency in the | 1018 |
state that provides public assistance or that provides | 1019 |
state-funded programs primarily engaged in providing services to | 1020 |
persons with disabilities and that is required by the National | 1021 |
Voter Registration Act of 1993 to implement a program designed and | 1022 |
administered by the secretary of state for registering voters, or | 1023 |
any other public or government office or agency that implements a | 1024 |
program designed and administered by the secretary of state for | 1025 |
registering voters, including the department of job and family | 1026 |
services, the program administered under section 3701.132 of the | 1027 |
Revised Code by the department of health, the department of mental | 1028 |
health, the department of developmental disabilities, the | 1029 |
rehabilitation services commission, and any other agency the | 1030 |
secretary of state designates. "Designated agency" does not | 1031 |
include public high schools and vocational schools, public | 1032 |
libraries, or the office of a county treasurer. | 1033 |
(2) It shows the current address of the individual to whom it | 1044 |
was issued, which shall conform to the address in the poll list or | 1045 |
signature pollbook, except for a driver's license or a state | 1046 |
identification card issued under section 4507.50 of the Revised | 1047 |
Code, which may show either the current or former address of the | 1048 |
individual to whom it was issued, regardless of whether that | 1049 |
address conforms to the address in the poll list or signature | 1050 |
pollbook. | 1051 |
Sec. 3501.011. (A) Except as otherwise provided in divisions | 1057 |
(B) and (C) of this section, and except as otherwise provided in | 1058 |
any section of Title XXXV of the Revised Code to the contrary, as | 1059 |
used in the sections of the Revised Code relating to elections and | 1060 |
political communications, whenever a person is required to sign or | 1061 |
affix a signature to a declaration of candidacy, nominating | 1062 |
petition, declaration of intent to be a write-in candidate, | 1063 |
initiative petition, referendum petition, recall petition, or any | 1064 |
other kind of petition, or to sign or affix a signature on any | 1065 |
other document that is filed with or transmitted to a board of | 1066 |
elections or the office of the secretary of state, "sign" or | 1067 |
"signature" means that person's written, cursive-style legal mark | 1068 |
written in that person's own hand. | 1069 |
Sec. 3501.012. Notwithstanding any provision of the Revised | 1083 |
Code to the contrary, the secretary of state or a board of | 1084 |
elections shall not refuse to accept and process an otherwise | 1085 |
valid voter registration or preregistration application, absent | 1086 |
voter's ballot application, uniformed services and overseas absent | 1087 |
voter's ballot application, returned absent voter's ballot, | 1088 |
returned uniformed services and overseas absent voter's ballot, or | 1089 |
federal write-in absentee ballot from an individual who is | 1090 |
eligible to vote as a uniformed services voter or an overseas | 1091 |
voter in accordance with 42 U.S.C. 1973ff-6 due to any | 1092 |
requirements regarding notarization, paper type, paper weight and | 1093 |
size, envelope type, or envelope weight and size. | 1094 |
(2) On and after August 24, 1995, report a failure to comply | 1145 |
with or a violation of a provision in sections 3517.08 to 3517.13, | 1146 |
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the | 1147 |
Revised Code, whenever the secretary of state has or should have | 1148 |
knowledge of a failure to comply with or a violation of a | 1149 |
provision in one of those sections, by filing a complaint with the | 1150 |
Ohio elections commission under section 3517.153 of the Revised | 1151 |
Code; | 1152 |
(R) Prescribe a general program for registering and | 1180 |
preregistering voters or updating voter registration and | 1181 |
preregistration information, such as name and residence changes, | 1182 |
by boards of elections, designated agencies, offices of deputy | 1183 |
registrars of motor vehicles, public high schools and vocational | 1184 |
schools, public libraries, and offices of county treasurers | 1185 |
consistent with the requirements of section 3503.09 of the Revised | 1186 |
Code; | 1187 |
(X) Ensure that all directives, advisories, other | 1219 |
instructions, or decisions issued or made during or as a result of | 1220 |
any conference or teleconference call with a board of elections to | 1221 |
discuss the proper methods and procedures for conducting | 1222 |
elections, to answer questions regarding elections, or to discuss | 1223 |
the interpretation of directives, advisories, or other | 1224 |
instructions issued by the secretary of state are posted on a web | 1225 |
site of the office of the secretary of state as soon as is | 1226 |
practicable after the completion of the conference or | 1227 |
teleconference call, but not later than the close of business on | 1228 |
the same day as the conference or teleconference call takes place. | 1229 |
(Y) Publish a report on a web site of the office of the | 1230 |
secretary of state not later than one month after the completion | 1231 |
of the canvass of the election returns for each primary and | 1232 |
general election, identifying, by county, the number of absent | 1233 |
voter's ballots cast and the number of those ballots that were | 1234 |
counted, and the number of provisional ballots cast and the number | 1235 |
of those ballots that were counted, for that election. The | 1236 |
secretary of state shall maintain the information on the web site | 1237 |
in an archive format for each subsequent election. | 1238 |
(BB) Disseminate information, which may include all or part | 1246 |
of the official explanations and arguments, by means of direct | 1247 |
mail or other written publication, broadcast, or other means or | 1248 |
combination of means, as directed by the Ohio ballot board under | 1249 |
division (F) of section 3505.062 of the Revised Code, in order to | 1250 |
inform the voters as fully as possible concerning each proposed | 1251 |
constitutional amendment, proposed law, or referendum; | 1252 |
(CC) Be the single state office responsible for the | 1253 |
implementation of the "Uniformed and Overseas Citizens Absentee | 1254 |
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, | 1255 |
et seq., as amended, in this state. The secretary of state may | 1256 |
delegate to the boards of elections responsibilities for the | 1257 |
implementation of that act, including responsibilities arising | 1258 |
from amendments to that act made by the "Military and Overseas | 1259 |
Voter Empowerment Act," Subtitle H of the "National Defense | 1260 |
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123 | 1261 |
Stat. 3190. | 1262 |
Whenever a primary election is held under section 3513.32 of | 1264 |
the Revised Code or a special election is held under section | 1265 |
3521.03 of the Revised Code to fill a vacancy in the office of | 1266 |
representative to congress, the secretary of state shall establish | 1267 |
a deadline, notwithstanding any other deadline required under the | 1268 |
Revised Code, by which any or all of the following shall occur: | 1269 |
the filing of a declaration of candidacy and petitions or a | 1270 |
statement of candidacy and nominating petition together with the | 1271 |
applicable filing fee; the filing of protests against the | 1272 |
candidacy of any person filing a declaration of candidacy or | 1273 |
nominating petition; the filing of a declaration of intent to be a | 1274 |
write-in candidate; the filing of campaign finance reports; the | 1275 |
preparation of, and the making of corrections or challenges to, | 1276 |
precinct voter registration lists; the receipt of applications for | 1277 |
absent voter's ballots or armed serviceuniformed services or | 1278 |
overseas absent voter's ballots; the supplying of election | 1279 |
materials to precincts by boards of elections; the holding of | 1280 |
hearings by boards of elections to consider challenges to the | 1281 |
right of a person to appear on a voter registration list; and the | 1282 |
scheduling of programs to instruct or reinstruct election | 1283 |
officers. | 1284 |
In the performance of the secretary of state's duties as the | 1285 |
chief election officer, the secretary of state may administer | 1286 |
oaths, issue subpoenas, summon witnesses, compel the production of | 1287 |
books, papers, records, and other evidence, and fix the time and | 1288 |
place for hearing any matters relating to the administration and | 1289 |
enforcement of the election laws. | 1290 |
The secretary of state may apply to any court that is hearing | 1304 |
a case in which the secretary of state is a party, for a change of | 1305 |
venue as a substantive right, and the change of venue shall be | 1306 |
allowed, and the case removed to the court of common pleas of an | 1307 |
adjoining county named in the application or, if there are cases | 1308 |
pending in more than one jurisdiction that involve the same or | 1309 |
similar issues, the court of common pleas of Franklin county. | 1310 |
(C) Provide for the purchase, preservation, and maintenance | 1323 |
of booths, ballot boxes, books, maps, flags, blanks, cards of | 1324 |
instructions, and other forms, papers, and equipment used in | 1325 |
registration, preregistration, nominations, and elections; | 1326 |
(I) Cause the polling places to be suitably provided with | 1344 |
voting machines, marking devices, automatic tabulating equipment, | 1345 |
stalls, and other required supplies. In fulfilling this duty, each | 1346 |
board of a county that uses voting machines, marking devices, or | 1347 |
automatic tabulating equipment shall conduct a full vote of the | 1348 |
board during a public session of the board on the allocation and | 1349 |
distribution of voting machines, marking devices, and automatic | 1350 |
tabulating equipment for each precinct in the county. | 1351 |
(J) Investigate irregularities, nonperformance of duties, or | 1352 |
violations of Title XXXV of the Revised Code by election officers | 1353 |
and other persons; administer oaths, issue subpoenas, summon | 1354 |
witnesses, and compel the production of books, papers, records, | 1355 |
and other evidence in connection with any such investigation; and | 1356 |
report the facts to the prosecuting attorney or the secretary of | 1357 |
state; | 1358 |
(Y) Assist each designated agency, deputy registrar of motor | 1411 |
vehicles, public high school and vocational school, public | 1412 |
library, and office of a county treasurer in the implementation of | 1413 |
a program for registering and preregistering voters at all voter | 1414 |
registration and preregistration locations as prescribed by the | 1415 |
secretary of state. Under this program, each board of elections | 1416 |
shall direct to the appropriate board of elections any voter | 1417 |
registration or preregistration applications for persons residing | 1418 |
outside the county where the board is located within five days | 1419 |
after receiving the applications. | 1420 |
Sec. 3501.13. (A) The director of the board of elections | 1431 |
shall keep a full and true record of the proceedings of the board | 1432 |
and of all moneys received and expended; file and preserve in the | 1433 |
board's office all orders and records pertaining to the | 1434 |
administration of registrations and preregistrations, primaries, | 1435 |
and elections; receive and have the custody of all books, papers, | 1436 |
and property belonging to the board; and perform other duties in | 1437 |
connection with the office of director and the proper conduct of | 1438 |
elections as the board determines. | 1439 |
(B) Before entering upon the duties of the office, the | 1440 |
director shall subscribe to an oath that the director will support | 1441 |
the Constitution of the United States and the Ohio Constitution, | 1442 |
perform all the duties of the office to the best of the director's | 1443 |
ability, enforce the election laws, and preserve all records, | 1444 |
documents, and other property pertaining to the conduct of | 1445 |
elections placed in the director's custody. | 1446 |
(C) The director may administer oaths to persons required by | 1447 |
law to file certificates or other papers with the board, to judges | 1448 |
of elections, to witnesses who are called to testify before the | 1449 |
board, and to voters filling out blanks at the board's offices. | 1450 |
Except as otherwise provided by state or federal law, the records | 1451 |
of the board and papers and books filed in its office are public | 1452 |
records and open to inspection under such reasonable regulations | 1453 |
as shall be established by the board. The following notice shall | 1454 |
be posted in a prominent place at each board office: | 1455 |
Sec. 3501.18. (A) The board of elections may divide a | 1467 |
political subdivision within its jurisdiction into precincts, | 1468 |
establish, define, divide, rearrange, and combine the several | 1469 |
election precincts within its jurisdiction, and change the | 1470 |
location of the polling place for each precinct when it is | 1471 |
necessary to maintain the requirements as to the number of voters | 1472 |
in a precinct and to provide for the convenience of the voters and | 1473 |
the proper conduct of elections. No change in the number of | 1474 |
precincts or in precinct boundaries shall be made during the | 1475 |
twenty-five days immediately preceding a primary or general | 1476 |
election or between the first day of January and the day on which | 1477 |
the members of county central committees are elected in the years | 1478 |
in which those committees are elected. Except as otherwise | 1479 |
provided in division (C) of this section, each precinct shall | 1480 |
contain a number of electors, not to exceed one thousand four | 1481 |
hundred, that the board of elections determines to be a reasonable | 1482 |
number after taking into consideration the type and amount of | 1483 |
available equipment, prior voter turnout, the size and location of | 1484 |
each selected polling place, available parking, availability of an | 1485 |
adequate number of poll workers, and handicap accessibility and | 1486 |
other accessibility to the polling place. | 1487 |
If the board changes the boundaries of a precinct in order to | 1495 |
meet the requirements of division (B)(1) of this section in a | 1496 |
manner that causes a member of a county central committee to no | 1497 |
longer qualify as a representative of an election precinct in the | 1498 |
county, of a ward of a city in the county, or of a township in the | 1499 |
county, the member shall continue to represent the precinct, ward, | 1500 |
or township for the remainder of the member's term, regardless of | 1501 |
the change in boundaries. | 1502 |
In an emergency, the board may provide more than one polling | 1503 |
place in a precinct. In order to provide for the convenience of | 1504 |
the voters, the board may locate polling places for voting or, | 1505 |
registration, or preregistration outside the boundaries of | 1506 |
precincts, provided that the nearest public school or public | 1507 |
building shall be used if the board determines it to be available | 1508 |
and suitable for use as a polling place. Except in an emergency, | 1509 |
no change in the number or location of the polling places in a | 1510 |
precinct shall be made during the twenty-five days immediately | 1511 |
preceding a primary or general election. | 1512 |
(2) The board of elections may apply to the secretary of | 1521 |
state for a waiver from the requirement of division (B)(1) of this | 1522 |
section when it is not feasible to comply with that requirement | 1523 |
because of unusual physical boundaries or residential development | 1524 |
practices that would cause unusual hardship for voters. The board | 1525 |
shall identify the affected precincts and census units, explain | 1526 |
the reason for the waiver request, and include a map illustrating | 1527 |
where the census units will be split because of the requested | 1528 |
waiver. If the secretary of state approves the waiver and so | 1529 |
notifies the board of elections in writing, the board may change a | 1530 |
precinct boundary as necessary under this section, notwithstanding | 1531 |
the requirement in division (B)(1) of this section. | 1532 |
(C) The board of elections may apply to the secretary of | 1533 |
state for a waiver from the requirement of division (A) of this | 1534 |
section regarding the number of electors in a precinct when the | 1535 |
use of geographical units used by the United States department of | 1536 |
commerce, bureau of the census, will cause a precinct to contain | 1537 |
more than one thousand four hundred electors. The board shall | 1538 |
identify the affected precincts and census units, explain the | 1539 |
reason for the waiver request, and include a map illustrating | 1540 |
where census units will be split because of the requested waiver. | 1541 |
If the secretary of state approves the waiver and so notifies the | 1542 |
board of elections in writing, the board may change a precinct | 1543 |
boundary as necessary to meet the requirements of division (B)(1) | 1544 |
of this section. | 1545 |
Sec. 3501.30. (A) The board of elections shall provide for | 1546 |
each polling place the necessary ballot boxes, official ballots, | 1547 |
cards of instructions, registration and preregistration forms, | 1548 |
pollbooks or poll lists, tally sheets, forms on which to make | 1549 |
summary statements, writing implements, paper, and all other | 1550 |
supplies necessary for casting and counting the ballots and | 1551 |
recording the results of the voting at the polling place. The | 1552 |
pollbooks or poll lists shall have certificates appropriately | 1553 |
printed on them for the signatures of all the precinct officials, | 1554 |
by which they shall certify that, to the best of their knowledge | 1555 |
and belief, the pollbooks or poll lists correctly show the names | 1556 |
of all electors who voted in the polling place at the election | 1557 |
indicated in the pollbooks or poll lists. | 1558 |
(4) Two or more small flags of the United States | 1572 |
approximately fifteen inches in length along the top, which shall | 1573 |
be placed at a distance of one hundred feet from the polling place | 1574 |
on the thoroughfares or walkways leading to the polling place, to | 1575 |
mark the distance within which persons other than election | 1576 |
officials, observers, police officers, and electors waiting to | 1577 |
mark, marking, or casting their ballots shall not loiter, | 1578 |
congregate, or engage in any kind of election campaigning. Where | 1579 |
small flags cannot reasonably be placed one hundred feet from the | 1580 |
polling place, the presiding election judge shall place the flags | 1581 |
as near to one hundred feet from the entrance to the polling place | 1582 |
as is physically possible. Police officers and all election | 1583 |
officials shall see that this prohibition against loitering and | 1584 |
congregating is enforced. | 1585 |
The election official designated as presiding judge under | 1600 |
section 3501.22 of the Revised Code shall call at the office of | 1601 |
the board at such time before the day of the election, not earlier | 1602 |
than the tenth day before the day of the election, as the board | 1603 |
designates to obtain the ballots, pollbooks, registration and | 1604 |
preregistration forms and lists, and other material to be used in | 1605 |
the official's polling place on election day. | 1606 |
I do solemnly swear under the penalty of perjury that I will | 1620 |
support the constitution of the United States of America and the | 1621 |
constitution of the state of Ohio and its laws; that I have not | 1622 |
been convicted of a felony or any violation of the election laws; | 1623 |
that I will discharge to the best of my ability the duties of | 1624 |
judge of election in and for precinct .................... in the | 1625 |
.................... (township) or (ward and city or village) | 1626 |
.................... in the county of ...................., in the | 1627 |
election to be held on the .......... day of ..............., | 1628 |
....., as required by law and the rules and instructions of the | 1629 |
board of elections of said county; and that I will endeavor to | 1630 |
prevent fraud in such election, and will report immediately to | 1631 |
said board any violations of the election laws which come to my | 1632 |
attention, and will not disclose any information as to how any | 1633 |
elector voted which is gained by me in the discharge of my | 1634 |
official duties. | 1635 |
If any of the other precinct officials is absent at that | 1643 |
time, the presiding judge, with the concurrence of a majority of | 1644 |
the precinct election officials present, shall appoint a qualified | 1645 |
elector who is a member of the same political party as the | 1646 |
political party of which such absent precinct election official is | 1647 |
a member to fill the vacancy until the board appoints a person to | 1648 |
fill such vacancy and the person so appointed reports for duty at | 1649 |
the polling place. The presiding judge shall promptly notify the | 1650 |
board of such vacancy by telephone or otherwise. The presiding | 1651 |
judge also shall assign the precinct election officials to their | 1652 |
respective duties and shall have general charge of the polling | 1653 |
place. | 1654 |
Sec. 3501.33. All judges of election shall enforce peace and | 1655 |
good order in and about the place of registration, | 1656 |
preregistration, or election. They shall especially keep the place | 1657 |
of access of the electors to the polling place open and | 1658 |
unobstructed and prevent and stop any improper practices or | 1659 |
attempts tending to obstruct, intimidate, or interfere with any | 1660 |
electorindividual in registering, preregistering, or voting. They | 1661 |
shall protect observers against molestation and violence in the | 1662 |
performance of their duties, and may eject from the polling place | 1663 |
any observer for violation of any provision of Title XXXV of the | 1664 |
Revised Code. They shall prevent riots, violence, tumult, or | 1665 |
disorder. In the discharge of these duties, they may call upon the | 1666 |
sheriff, police, or other peace officers to aid them in enforcing | 1667 |
the law. They may order the arrest of any person violating Title | 1668 |
XXXV of the Revised Code, but such an arrest shall not prevent the | 1669 |
person from registering, preregistering, or voting if the person | 1670 |
is entitled to do so. The sheriff, all constables, police | 1671 |
officers, and other officers of the peace shall immediately obey | 1672 |
and aid in the enforcement of any lawful order made by the | 1673 |
precinct election officials in the enforcement of Title XXXV of | 1674 |
the Revised Code. | 1675 |
(a) Any of the following types of conduct in or about a | 1679 |
polling place or a place of registration, preregistration, or | 1680 |
election: obstructing access of an elector to a polling place; | 1681 |
another improper practice or attempt tending to obstruct, | 1682 |
intimidate, or interfere with an electorindividual in | 1683 |
registering, preregistering, or voting at a place of registration, | 1684 |
preregistration, or election; molesting or otherwise engaging in | 1685 |
violence against observers in the performance of their duties at a | 1686 |
place of registration, preregistration, or election; or | 1687 |
participating in a riot, violence, tumult, or disorder in and | 1688 |
about a place of registration, preregistration, or election; | 1689 |
(B) An electorindividual who has experienced harassment in | 1697 |
violation of the election law has a cause of action against each | 1698 |
person that committed the harassment in violation of the election | 1699 |
law. In any civil action based on this cause of action, the | 1700 |
electorindividual may seek a declaratory judgment, an injunction, | 1701 |
or other appropriate equitable relief. The civil action may be | 1702 |
commenced by an electorindividual who has experienced harassment | 1703 |
in violation of the election law either alone or as a party to a | 1704 |
class action under Civil Rule 23. | 1705 |
(2) If the harassment in violation of the election law | 1710 |
involved intentional or reckless threatening or causing of bodily | 1711 |
harm to the electorindividual while the electorindividual was | 1712 |
attempting to register or preregister to vote, to obtain an absent | 1713 |
voter's ballot, or to vote, the electorindividual may seek, in a | 1714 |
civil action based on the cause of action created by division (B) | 1715 |
of this section, monetary damages as prescribed in this division. | 1716 |
The civil action may be commenced by the electorindividual who | 1717 |
has experienced harassment in violation of the election law either | 1718 |
alone or as a party to a class action under Civil Rule 23. Upon | 1719 |
proof by a preponderance of the evidence in the civil action that | 1720 |
the harassment in violation of the election law involved | 1721 |
intentional or reckless threatening or causing of bodily harm to | 1722 |
the electorindividual, the trier of fact shall award the elector | 1723 |
individual the greater of three times of the amount of the | 1724 |
elector'sindividual's actual damages or one thousand dollars. The | 1725 |
court also shall award a prevailing electorindividual reasonable | 1726 |
attorney's fees and court costs. | 1727 |
(3) Whether a civil action on the cause of action created by | 1728 |
division (B) of this section is commenced by an electorindividual | 1729 |
who has experienced harassment in violation of the election law | 1730 |
alone or as a party to a class action under Civil Rule 23, if the | 1731 |
defendant in the action is an organization that has previously | 1732 |
been determined in a court of this state to have engaged in | 1733 |
harassment in violation of the election law, the elector | 1734 |
individual may seek an order of the court granting any of the | 1735 |
following forms of relief upon proof by a preponderance of the | 1736 |
evidence: | 1737 |
(E) In a civil action based on the cause of action created by | 1757 |
division (B) of this section, whether commenced by an elector | 1758 |
individual who has experienced harassment in violation of the | 1759 |
election law alone or as a party to a class action under Civil | 1760 |
Rule 23, the electorindividual may name as defendants each | 1761 |
individual who engaged in conduct constituting harassment in | 1762 |
violation of the election law as well as any person that employs, | 1763 |
sponsors, or uses as an agent any such individual or that has | 1764 |
organized a common scheme to cause harassment in violation of the | 1765 |
election law. | 1766 |
Sec. 3503.07. (A) Each person who will be of the age of | 1827 |
eighteen years or more at the next ensuing November election, who | 1828 |
is a citizen of the United States, and who, if hethe person | 1829 |
continues to reside in the precinct until the next election, will | 1830 |
at that time have fulfilled all the requirements as to length of | 1831 |
residence to qualify himthe person as an elector shall, unless | 1832 |
otherwise disqualified, be entitled to be registered as an elector | 1833 |
in such precinct. When once registered, an elector shall not be | 1834 |
required to register again unless histhe person's registration is | 1835 |
canceled. | 1836 |
(B) Each person who is at least sixteen years of age but will | 1837 |
not be of the age of eighteen years or more at the next ensuing | 1838 |
November election, who is a citizen of the United States, and who, | 1839 |
if the person continues to reside in the precinct until the next | 1840 |
election in which the person will have reached the age of | 1841 |
eligibility to vote, will at that time have fulfilled all the | 1842 |
requirements as to length of residence to qualify the person as an | 1843 |
elector shall, unless otherwise disqualified, be entitled to be | 1844 |
preregistered as an elector in the precinct in which the person | 1845 |
resides. | 1846 |
Sec. 3503.09. (A)(1) The secretary of state shall adopt | 1851 |
rules for the electronic transmission by boards of elections, | 1852 |
designated agencies, offices of deputy registrars of motor | 1853 |
vehicles, public high schools and vocational schools, public | 1854 |
libraries, and offices of county treasurers, where applicable, of | 1855 |
name and residence changes for voter registration and | 1856 |
preregistration records in the statewide voter registration | 1857 |
database. | 1858 |
(2) The secretary of state shall adopt rules for the purpose | 1859 |
of improving the speed of processing new voter registrations and | 1860 |
preregistrations that permit information from a voter registration | 1861 |
or preregistration application received by a designated agency or | 1862 |
an office of deputy registrar of motor vehicles to be made | 1863 |
available electronically, in addition to requiring the original | 1864 |
voter registration or preregistration application to be | 1865 |
transmitted to the applicable board of elections under division | 1866 |
(E)(2) of section 3503.10 or section 3503.11 of the Revised Code. | 1867 |
Sec. 3503.10. (A) Each designated agency shall designate one | 1887 |
person within that agency to serve as coordinator for the voter | 1888 |
registration and preregistration program within the agency and its | 1889 |
departments, divisions, and programs. The designated person shall | 1890 |
be trained under a program designed by the secretary of state and | 1891 |
shall be responsible for administering all aspects of the voter | 1892 |
registration and preregistration program for that agency as | 1893 |
prescribed by the secretary of state. The designated person shall | 1894 |
receive no additional compensation for performing such duties. | 1895 |
(1) The question, "Do you want to register or preregister to | 1907 |
vote or update your current voter registration or | 1908 |
preregistration?"--followed by boxes for the applicant to indicate | 1909 |
whether the applicant would like to register or preregister or | 1910 |
decline to register or preregister to vote, and the statement, | 1911 |
highlighted in bold print, "If you do not check either box, you | 1912 |
will be considered to have decided not to register or preregister | 1913 |
to vote at this time."; | 1914 |
(4) The statement, "If you believe that someone has | 1923 |
interfered with your right to register or preregister or to | 1924 |
decline to register or preregister to vote, your right to privacy | 1925 |
in deciding whether to register or preregister or in applying to | 1926 |
register or preregister to vote, or your right to choose your own | 1927 |
political party or other political preference, you may file a | 1928 |
complaint with the prosecuting attorney of your county or with the | 1929 |
secretary of state," with the address and telephone number for | 1930 |
each such official's office. | 1931 |
(2) Accept completed voter registration or preregistration | 1945 |
applications, voter registration or preregistration change of | 1946 |
residence forms, and voter registration or preregistration change | 1947 |
of name forms, regardless of whether the application or form was | 1948 |
distributed by the designated agency, for transmittal to the | 1949 |
office of the board of elections in the county in which the agency | 1950 |
is located. Each designated agency and the appropriate board of | 1951 |
elections shall establish a method by which the voter registration | 1952 |
or preregistration applications and other voter registration or | 1953 |
preregistration forms are transmitted to that board of elections | 1954 |
within five days after being accepted by the agency. | 1955 |
(2) That each person designated to assist with voter | 1981 |
registration or preregistration not seek to influence a person's | 1982 |
decision to register or preregister or not to register or | 1983 |
preregister to vote, not display or demonstrate any political | 1984 |
preference or party allegiance, and not make any statement to a | 1985 |
person or take any action the purpose or effect of which is to | 1986 |
lead a person to believe that a decision to register or | 1987 |
preregister or not to register or preregister has any bearing on | 1988 |
the availability of services or benefits offered, on the grade in | 1989 |
a particular class in school, or on credit for a particular class | 1990 |
in school; | 1991 |
(4) Distribute the statement, "applying to register or | 2020 |
preregister or declining to register or preregister to vote will | 2021 |
not affect or be a condition of your receiving a particular grade | 2022 |
in or credit for a school course or class, participating in a | 2023 |
curricular or extracurricular activity, receiving a benefit or | 2024 |
privilege, or participating in a program or activity otherwise | 2025 |
available to pupils enrolled in this school district's schools."; | 2026 |
(H) Any person employed by the designated agency, public high | 2032 |
school or vocational school, public library, or office of a county | 2033 |
treasurer may be designated to assist with voter registration and | 2034 |
preregistration pursuant to this section. The designated agency, | 2035 |
public high school or vocational school, public library, or office | 2036 |
of a county treasurer shall provide the designated person, and | 2037 |
make available such space as may be necessary, without charge to | 2038 |
the county or state. | 2039 |
(J) This section does not limit any authority a board of | 2050 |
education, superintendent, or principal has to allow, sponsor, or | 2051 |
promote voluntary election registration and preregistration | 2052 |
programs within a high school or vocational school, including | 2053 |
programs in which pupils serve as persons designated to assist | 2054 |
with voter registration and preregistration, provided that no | 2055 |
pupil is required to participate. | 2056 |
Sec. 3503.11. When any person applies for a driver's | 2068 |
license, commercial driver's license, a state of Ohio | 2069 |
identification card issued under section 4507.50 of the Revised | 2070 |
Code, or motorcycle operator's license or endorsement, or the | 2071 |
renewal or duplicate of any license or endorsement under Chapter | 2072 |
4506. or 4507. of the Revised Code, the registrar of motor | 2073 |
vehicles or deputy registrar shall offer the applicant the | 2074 |
opportunity to register or preregister to vote or to update the | 2075 |
applicant's voter registration or preregistration. The registrar | 2076 |
of motor vehicles or deputy registrar also shall make available to | 2077 |
all other customers voter registration or preregistration | 2078 |
applications and change of residence and change of name, forms, | 2079 |
but is not required to offer assistance to these customers in | 2080 |
completing a voter registration or preregistration application or | 2081 |
other form. | 2082 |
The registrar shall collect from each deputy registrar | 2089 |
through the reports filed under division (J) of section 4503.03 of | 2090 |
the Revised Code and transmit to the secretary of state | 2091 |
information on the number of voter registration or preregistration | 2092 |
applications and change of residence or change of name forms | 2093 |
completed or declined, and any additional information required by | 2094 |
the secretary of state to comply with the National Voter | 2095 |
Registration Act of 1993. No information relating to an | 2096 |
applicant's decision to decline to register or preregister or to | 2097 |
update the applicant's voter registration or preregistration at | 2098 |
the office of the registrar or deputy registrar may be used for | 2099 |
any purpose other than voter registration and preregistration | 2100 |
record-keeping required by the secretary of state, and all such | 2101 |
information shall be kept confidential. | 2102 |
The board shall establish a schedule or program to assure to | 2135 |
the extent reasonably possible that, on or before November 1, | 2136 |
1980, all registration and preregistration places shall beare | 2137 |
free of barriers that would impede the ingress and egress of | 2138 |
handicapped persons. Entrances shall be level or shall be provided | 2139 |
with a nonskid ramp of not over eight per cent gradient, and doors | 2140 |
shall be a minimum of thirty-two inches wide. Registration and | 2141 |
preregistration places located at polling places shall, however, | 2142 |
comply with the requirements of section 3501.29 of the Revised | 2143 |
Code for the elimination of barriers. | 2144 |
Sec. 3503.13. (A) Except as otherwise provided by state or | 2149 |
federal law, registration and preregistration forms submitted by | 2150 |
applicants and the statewide voter registration database | 2151 |
established under section 3503.15 of the Revised Code shall be | 2152 |
open to public inspection at all times when the office of the | 2153 |
board of elections is open for business, under such regulations as | 2154 |
the board adopts, provided that no person shall be permitted to | 2155 |
inspect voter registration or preregistration forms except in the | 2156 |
presence of an employee of the board. | 2157 |
(B) A board of elections may use a legible digitized | 2158 |
signature list of voter signatures, copied from the signatures on | 2159 |
the registration and preregistration forms in a form and manner | 2160 |
prescribed by the secretary of state, provided that the board | 2161 |
includes the required voter registration information in the | 2162 |
statewide voter registration database established under section | 2163 |
3503.15 of the Revised Code, and provided that the precinct | 2164 |
election officials have computer printouts at the polls prepared | 2165 |
in the manner required under section 3503.23 of the Revised Code. | 2166 |
(c) A copy of a current and valid photo identification, a | 2182 |
copy of a military identification, or a copy of a current utility | 2183 |
bill, bank statement, government check, paycheck, or other | 2184 |
government document, other than a notice of an election mailed by | 2185 |
a board of elections under section 3501.19 of the Revised Code or | 2186 |
a notice of voter registration mailed by a board of elections | 2187 |
under section 3503.19 of the Revised Code, that shows the voter's | 2188 |
applicant's name and address. | 2189 |
(C) Except for forms prescribed by the secretary of state | 2207 |
under section 3503.11 of the Revised Code, the secretary of state | 2208 |
shall permit boards of elections to produce forms that have | 2209 |
subdivided spaces for each individual alphanumeric character of | 2210 |
the information provided by the voterapplicant so as to | 2211 |
accommodate the electronic reading and conversion of the voter's | 2212 |
applicant's information to data and the subsequent electronic | 2213 |
transfer of that data to the statewide voter registration database | 2214 |
established under section 3503.15 of the Revised Code. | 2215 |
(C)(D) Except as provided in section 3501.382 of the Revised | 2232 |
Code, any applicant who is unable to sign the applicant's own name | 2233 |
shall make an "X," if possible, which shall be certified by the | 2234 |
signing of the name of the applicant by the person filling out the | 2235 |
form, who shall add the person's own signature. If an applicant is | 2236 |
unable to make an "X," the applicant shall indicate in some manner | 2237 |
that the applicant desires to register or preregister to vote or | 2238 |
to change the applicant's name or residence. The person | 2239 |
registering or preregistering the applicant shall sign the form | 2240 |
and attest that the applicant indicated that the applicant desired | 2241 |
to register or preregister to vote or to change the applicant's | 2242 |
name or residence. | 2243 |
(2) The secretary of state shall establish, by rule adopted | 2333 |
under Chapter 119. of the Revised Code, a process for boards of | 2334 |
elections to notify the secretary of state of changes in the | 2335 |
locations of precinct polling places for the purpose of updating | 2336 |
the information made available on the secretary of state's web | 2337 |
site under division (G)(1)(b) of this section. Those rules shall | 2338 |
require a board of elections, during the thirty days before the | 2339 |
day of a primary or general election, to notify the secretary of | 2340 |
state within one business day of any change to the location of a | 2341 |
precinct polling place within the county. | 2342 |
Sec. 3503.16. (A) Whenever a registered elector or a person | 2350 |
who is preregistered to vote changes the place of residence of | 2351 |
that registered elector from one precinct to another within a | 2352 |
county or from one county to another, or has a change of name, | 2353 |
that registered elector or preregistered person shall report the | 2354 |
change by delivering a change of residence or change of name form, | 2355 |
whichever is appropriate, as prescribed by the secretary of state | 2356 |
under section 3503.14 of the Revised Code to the state or local | 2357 |
office of a designated agency, a public high school or vocational | 2358 |
school, a public library, the office of the county treasurer, the | 2359 |
office of the secretary of state, any office of the registrar or | 2360 |
deputy registrar of motor vehicles, or any office of a board of | 2361 |
elections in person or by a third person. Any voter registration | 2362 |
or preregistration, change of address, or change of name | 2363 |
application, returned by mail, may be sent only to the secretary | 2364 |
of state or the board of elections. | 2365 |
(B)(1)(a) Any registered elector who moves within a precinct | 2373 |
on or prior to the day of a general, primary, or special election | 2374 |
and has not filed a notice of change of residence with the board | 2375 |
of elections may vote in that election by going to that registered | 2376 |
elector's assigned polling place, completing and signing a notice | 2377 |
of change of residence, showing identification in the form of a | 2378 |
current and valid photo identification, a military identification, | 2379 |
or a copy of a current utility bill, bank statement, government | 2380 |
check, paycheck, or other government document, other than a notice | 2381 |
of an election mailed by a board of elections under section | 2382 |
3501.19 of the Revised Code or a notice of voter registration | 2383 |
mailed by a board of elections under section 3503.19 of the | 2384 |
Revised Code, that shows the name and current address of the | 2385 |
elector, and casting a ballot. If the elector provides either a | 2386 |
driver's license or a state identification card issued under | 2387 |
section 4507.50 of the Revised Code that does not contain the | 2388 |
elector's current residence address, the elector shall provide the | 2389 |
last four digits of the elector's driver's license number or state | 2390 |
identification card number, and the precinct election official | 2391 |
shall mark the poll list or signature pollbook to indicate that | 2392 |
the elector has provided a driver's license or state | 2393 |
identification card number with a former address and record the | 2394 |
last four digits of the elector's driver's license number or state | 2395 |
identification card number. | 2396 |
(b) Any registered elector who changes the name of that | 2397 |
registered elector and remains within a precinct on or prior to | 2398 |
the day of a general, primary, or special election and has not | 2399 |
filed a notice of change of name with the board of elections may | 2400 |
vote in that election by going to that registered elector's | 2401 |
assigned polling place, completing and signing a notice of a | 2402 |
change of name, and casting a provisional ballot under section | 2403 |
3505.181 of the Revised Code. | 2404 |
(2) Any registered elector who moves from one precinct to | 2405 |
another within a county or moves from one precinct to another and | 2406 |
changes the name of that registered elector on or prior to the day | 2407 |
of a general, primary, or special election and has not filed a | 2408 |
notice of change of residence or change of name, whichever is | 2409 |
appropriate, with the board of elections may vote in that election | 2410 |
if that registered elector complies with division (G) of this | 2411 |
section or does all of the following: | 2412 |
(a) Appears at anytime during regular business hours on or | 2413 |
after the twenty-eighth day prior to the election in which that | 2414 |
registered elector wishes to vote or, if the election is held on | 2415 |
the day of a presidential primary election, the twenty-fifth day | 2416 |
prior to the election, through noon of the Saturday prior to the | 2417 |
election at the office of the board of elections, appears at any | 2418 |
time during regular business hours on the Monday prior to the | 2419 |
election at the office of the board of elections, or appears on | 2420 |
the day of the election at either of the following locations: | 2421 |
(b) Completes and signs, under penalty of election | 2429 |
falsification, a notice of change of residence or change of name, | 2430 |
whichever is appropriate, and files it with election officials at | 2431 |
the polling place, at the office of the board of elections, or, if | 2432 |
pursuant to division (C) of section 3501.10 of the Revised Code | 2433 |
the board has designated another location in the county at which | 2434 |
registered electors may vote, at that other location instead of | 2435 |
the office of the board of elections, whichever is appropriate; | 2436 |
(c) Votes a provisional ballot under section 3505.181 of the | 2437 |
Revised Code at the polling place, at the office of the board of | 2438 |
elections, or, if pursuant to division (C) of section 3501.10 of | 2439 |
the Revised Code the board has designated another location in the | 2440 |
county at which registered electors may vote, at that other | 2441 |
location instead of the office of the board of elections, | 2442 |
whichever is appropriate, using the address to which that | 2443 |
registered elector has moved or the name of that registered | 2444 |
elector as changed, whichever is appropriate; | 2445 |
(d) Completes and signs, under penalty of election | 2446 |
falsification, a statement attesting that that registered elector | 2447 |
moved or had a change of name, whichever is appropriate, on or | 2448 |
prior to the day of the election, has voted a provisional ballot | 2449 |
at the polling place in the precinct in which that registered | 2450 |
elector resides, at the office of the board of elections, or, if | 2451 |
pursuant to division (C) of section 3501.10 of the Revised Code | 2452 |
the board has designated another location in the county at which | 2453 |
registered electors may vote, at that other location instead of | 2454 |
the office of the board of elections, whichever is appropriate, | 2455 |
and will not vote or attempt to vote at any other location for | 2456 |
that particular election. The statement required under division | 2457 |
(B)(2)(d) of this section shall be included on the notice of | 2458 |
change of residence or change of name, whichever is appropriate, | 2459 |
required under division (B)(2)(b) of this section. | 2460 |
(1) Appears at any time during regular business hours on or | 2467 |
after the twenty-eighth day prior to the election in which that | 2468 |
registered elector wishes to vote or, if the election is held on | 2469 |
the day of a presidential primary election, the twenty-fifth day | 2470 |
prior to the election, through noon of the Saturday prior to the | 2471 |
election at the office of the board of elections or, if pursuant | 2472 |
to division (C) of section 3501.10 of the Revised Code the board | 2473 |
has designated another location in the county at which registered | 2474 |
electors may vote, at that other location instead of the office of | 2475 |
the board of elections, appears during regular business hours on | 2476 |
the Monday prior to the election at the office of the board of | 2477 |
elections or, if pursuant to division (C) of section 3501.10 of | 2478 |
the Revised Code the board has designated another location in the | 2479 |
county at which registered electors may vote, at that other | 2480 |
location instead of the office of the board of elections, or | 2481 |
appears on the day of the election at the office of the board of | 2482 |
elections or, if pursuant to division (C) of section 3501.10 of | 2483 |
the Revised Code the board has designated another location in the | 2484 |
county at which registered electors may vote, at that other | 2485 |
location instead of the office of the board of elections; | 2486 |
(4) Completes and signs, under penalty of election | 2501 |
falsification, a statement attesting that that registered elector | 2502 |
has moved from one county to another county within the state on or | 2503 |
prior to the day of the election, has voted at the office of the | 2504 |
board of elections or, if pursuant to division (C) of section | 2505 |
3501.10 of the Revised Code the board has designated another | 2506 |
location in the county at which registered electors may vote, at | 2507 |
that other location instead of the office of the board of | 2508 |
elections, and will not vote or attempt to vote at any other | 2509 |
location for that particular election. The statement required | 2510 |
under division (C)(4) of this section shall be included on the | 2511 |
notice of change of residence required under division (C)(2) of | 2512 |
this section. | 2513 |
(D) A person who votes by absent voter's ballots pursuant to | 2514 |
division (G) of this section shall not make written application | 2515 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 2516 |
Ballots cast pursuant to division (G) of this section shall be set | 2517 |
aside in a special envelope and counted during the official | 2518 |
canvass of votes in the manner provided for in sections 3505.32 | 2519 |
and 3509.06 of the Revised Code insofar as that manner is | 2520 |
applicable. The board shall examine the pollbooks to verify that | 2521 |
no ballot was cast at the polls or by absent voter's ballots under | 2522 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 2523 |
voted by absent voter's ballots pursuant to division (G) of this | 2524 |
section. Any ballot determined to be insufficient for any of the | 2525 |
reasons stated above or stated in section 3509.07 of the Revised | 2526 |
Code shall not be counted. | 2527 |
(E) Upon receiving a change of residence or change of name | 2532 |
form, the board of elections shall immediately send the registrant | 2533 |
an acknowledgment notice. If the change of residence or change of | 2534 |
name form is valid, the board shall update the voter's | 2535 |
registration as appropriate. If that form is incomplete, the board | 2536 |
shall inform the registrant in the acknowledgment notice specified | 2537 |
in this division of the information necessary to complete or | 2538 |
update that registrant's registration. | 2539 |
(G) A registered elector who otherwise would qualify to vote | 2553 |
under division (B) or (C) of this section but is unable to appear | 2554 |
at the office of the board of elections or, if pursuant to | 2555 |
division (C) of section 3501.10 of the Revised Code the board has | 2556 |
designated another location in the county at which registered | 2557 |
electors may vote, at that other location, on account of personal | 2558 |
illness, physical disability, or infirmity, may vote on the day of | 2559 |
the election if that registered elector does all of the following: | 2560 |
(1) Makes a written application that includes all of the | 2561 |
information required under section 3509.03 of the Revised Code to | 2562 |
the appropriate board for an absent voter's ballot on or after the | 2563 |
twenty-seventh day prior to the election in which the registered | 2564 |
elector wishes to vote through noon of the Saturday prior to that | 2565 |
election and requests that the absent voter's ballot be sent to | 2566 |
the address to which the registered elector has moved if the | 2567 |
registered elector has moved, or to the address of that registered | 2568 |
elector who has not moved but has had a change of name; | 2569 |
(4) Completes and signs, under penalty of election | 2580 |
falsification, a statement attesting that the registered elector | 2581 |
has moved or had a change of name on or prior to the day before | 2582 |
the election, has voted by absent voter's ballot because of | 2583 |
personal illness, physical disability, or infirmity that prevented | 2584 |
the registered elector from appearing at the board of elections, | 2585 |
and will not vote or attempt to vote at any other location or by | 2586 |
absent voter's ballot mailed to any other location or address for | 2587 |
that particular election. | 2588 |
Sec. 3503.17. When a new precinct has been created, or the | 2589 |
boundaries thereof have been changed, the election authorities | 2590 |
shall correct and transfer the registration and preregistration | 2591 |
forms of registered electors and preregistered persons whose | 2592 |
voting precincts have thus been changed and shall notify such | 2593 |
registrants and preregistrants by mail. TheNo registration of an | 2594 |
electoror preregistration shall not be invalidated by such | 2595 |
alteration or transfer nor shall the right of any registered | 2596 |
elector to vote be prejudiced by any error in making out the | 2597 |
certified list of registered voters. | 2598 |
Sec. 3503.18. At least once each month, each probate judge | 2599 |
in this state shall file with the board of elections the names and | 2600 |
residence addresses of all persons over eighteen years of age who | 2601 |
have been adjudicated incompetent for the purpose of voting, as | 2602 |
provided in section 5122.301 of the Revised Code. At least once | 2603 |
each month the clerk of the court of common pleas shall file with | 2604 |
the board the names and residence addresses of all persons who | 2605 |
have been convicted during the previous month of crimes that would | 2606 |
disfranchise such persons under existing laws of the state. | 2607 |
Reports of conviction of crimes under the laws of the United | 2608 |
States that would disfranchise an elector and that are provided to | 2609 |
the secretary of state by any United States attorney shall be | 2610 |
forwarded by the secretary of state to the appropriate board of | 2611 |
elections. | 2612 |
Upon receiving a report required by this section, the board | 2613 |
of elections shall promptly cancel the registration or | 2614 |
preregistration of each
electorperson named in the report. If | 2615 |
the report contains a residence address of an elector in a county | 2616 |
other than the county in which the board of elections is located, | 2617 |
the director shall promptly send a copy of the report to the | 2618 |
appropriate board of elections, which shall cancel the | 2619 |
registration or preregistration. | 2620 |
Sec. 3503.19. (A) Persons qualified to register or | 2621 |
preregister or to change their registration or preregistration | 2622 |
because of a change of address or change of name may register or | 2623 |
preregister or change their registration or preregistration in | 2624 |
person at any state or local office of a designated agency, at the | 2625 |
office of the registrar or any deputy registrar of motor vehicles, | 2626 |
at a public high school or vocational school, at a public library, | 2627 |
at the office of a county treasurer, or at a branch office | 2628 |
established by the board of elections, or in person, through | 2629 |
another person, or by mail at the office of the secretary of state | 2630 |
or at the office of a board of elections. A registered elector may | 2631 |
also change the elector's registration on election day at any | 2632 |
polling place where the elector is eligible to vote, in the manner | 2633 |
provided under section 3503.16 of the Revised Code. | 2634 |
Any state or local office of a designated agency, the office | 2635 |
of the registrar or any deputy registrar of motor vehicles, a | 2636 |
public high school or vocational school, a public library, or the | 2637 |
office of a county treasurer shall transmit any voter registration | 2638 |
or preregistration application or change of registration or | 2639 |
preregistration form that it receives to the board of elections of | 2640 |
the county in which the state or local office is located, within | 2641 |
five days after receiving the voter registration or | 2642 |
preregistration application or change of registration or | 2643 |
preregistration form. | 2644 |
An otherwise valid voter registration application that is | 2645 |
returned to the appropriate office other than by mail must be | 2646 |
received by a state or local office of a designated agency, the | 2647 |
office of the registrar or any deputy registrar of motor vehicles, | 2648 |
a public high school or vocational school, a public library, the | 2649 |
office of a county treasurer, the office of the secretary of | 2650 |
state, or the office of a board of elections no later than the | 2651 |
thirtieth day preceding a primary, special, or general election | 2652 |
for the person to qualify as an elector eligible to vote at that | 2653 |
election. An otherwise valid registration application received | 2654 |
after that day entitles the elector to vote at all subsequent | 2655 |
elections. | 2656 |
Any state or local office of a designated agency, the office | 2657 |
of the registrar or any deputy registrar of motor vehicles, a | 2658 |
public high school or vocational school, a public library, or the | 2659 |
office of a county treasurer shall date stamp a registration
or | 2660 |
preregistration application or change of name or change of address | 2661 |
form it receives using a date stamp that does not disclose the | 2662 |
identity of the state or local office that receives the | 2663 |
registration or preregistration. | 2664 |
Voter registration applications, if otherwise valid, that are | 2665 |
returned by mail to the office of the secretary of state or to the | 2666 |
office of a board of elections must be postmarked no later than | 2667 |
the thirtieth day preceding a primary, special, or general | 2668 |
election in order for the person to qualify as an elector eligible | 2669 |
to vote at that election. If an otherwise valid voter registration | 2670 |
application that is returned by mail does not bear a postmark or a | 2671 |
legible postmark, the registration shall be valid for that | 2672 |
election if received by the office of the secretary of state or | 2673 |
the office of a board of elections no later than twenty-five days | 2674 |
preceding any special, primary, or general election. | 2675 |
(B)(1) Any person may apply in person, by telephone, by mail, | 2676 |
or through another person for voter registration or | 2677 |
preregistration forms to the office of the secretary of state or | 2678 |
the office of a board of elections. An individual who is eligible | 2679 |
to vote as a uniformed services voter or an overseas voter in | 2680 |
accordance with 42 U.S.C. 1973ff-6 or who is eligible to | 2681 |
preregister to vote and who, but for the person's age, would be | 2682 |
eligible to vote as a uniformed services or overseas absent voter | 2683 |
also may apply for voter registration or preregistration forms by | 2684 |
electronic means to the office of the secretary of state or to the | 2685 |
board of elections of the county in which the person's voting | 2686 |
residence is located pursuant to section 3503.191 of the Revised | 2687 |
Code. | 2688 |
(2)(a) An applicant may return the applicant's completed | 2689 |
registration or preregistration form in person or by mail to any | 2690 |
state or local office of a designated agency, to a public high | 2691 |
school or vocational school, to a public library, to the office of | 2692 |
a county treasurer, to the office of the secretary of state, or to | 2693 |
the office of a board of elections. An applicant who is eligible | 2694 |
to vote as a uniformed services voter or an overseas voter in | 2695 |
accordance with 42 U.S.C. 1973ff-6 or who is eligible to | 2696 |
preregister to vote and who, but for the person's age, would be | 2697 |
eligible to vote as a uniformed services or overseas absent voter | 2698 |
also may return the applicant's completed voter registration or | 2699 |
preregistration form electronically to the office of the secretary | 2700 |
of state or to the board of elections of the county in which the | 2701 |
person's voting residence is located pursuant to section 3503.191 | 2702 |
of the Revised Code. | 2703 |
(d) If a board of elections or the office of the secretary of | 2712 |
state receives a registration form under division (B)(2)(b) or (c) | 2713 |
of this section before the thirtieth day before an election, the | 2714 |
board or the office of the secretary of state, as applicable, | 2715 |
shall forward the registration to the board of elections of the | 2716 |
county in which the applicant is seeking to register to vote | 2717 |
within ten days after receiving the application. If a board of | 2718 |
elections or the office of the secretary of state receives a | 2719 |
registration form under division (B)(2)(b) or (c) of this section | 2720 |
on or after the thirtieth day before an election, the board or the | 2721 |
office of the secretary of state, as applicable, shall forward the | 2722 |
registration to the board of elections of the county in which the | 2723 |
applicant is seeking to register to vote within thirty days after | 2724 |
that election. | 2725 |
"Voters must bring identification to the polls in order to | 2736 |
verify identity. Identification may include a current and valid | 2737 |
photo identification, a military identification, or a copy of a | 2738 |
current utility bill, bank statement, government check, paycheck, | 2739 |
or other government document, other than this notification or a | 2740 |
notification of an election mailed by a board of elections, that | 2741 |
shows the voter's name and current address. Voters who do not | 2742 |
provide one of these documents will still be able to vote by | 2743 |
casting a provisional ballot. Voters who do not have any of the | 2744 |
above forms of identification, including a social security number, | 2745 |
will still be able to vote by signing an affirmation swearing to | 2746 |
the voter's identity under penalty of election falsification and | 2747 |
by casting a provisional ballot." | 2748 |
At the first election at which a voter whose name has been so | 2758 |
marked appears to vote, the voter shall be required to provide | 2759 |
identification to the election officials and to vote by | 2760 |
provisional ballot under section 3505.181 of the Revised Code. If | 2761 |
the provisional ballot is counted pursuant to division (B)(3) of | 2762 |
section 3505.183 of the Revised Code, the board shall correct that | 2763 |
voter's registration, if needed, and shall remove the indication | 2764 |
that the voter's notification was returned from that voter's name | 2765 |
on the official registration list and on the poll list or | 2766 |
signature pollbook. If the provisional ballot is not counted | 2767 |
pursuant to division (B)(4)(a)(i), (v), or (vi) of section | 2768 |
3505.183 of the Revised Code, the voter's registration shall be | 2769 |
canceled. The board shall notify the voter by United States mail | 2770 |
of the cancellation. | 2771 |
(3) If a notice of the disposition of an otherwise valid | 2772 |
registration application is sent by nonforwardable mail and is | 2773 |
returned undelivered, the person shall be registered as provided | 2774 |
in division (C)(2) of this section and sent a confirmation notice | 2775 |
by forwardable mail. If the person fails to respond to the | 2776 |
confirmation notice, update the person's registration, or vote by | 2777 |
provisional ballot as provided in division (C)(2) of this section | 2778 |
in any election during the period of two federal elections | 2779 |
subsequent to the mailing of the confirmation notice, the person's | 2780 |
registration shall be canceled. | 2781 |
Sec. 3503.191. (A) The secretary of state shall establish | 2782 |
procedures that allow any person who is eligible to vote as a | 2783 |
uniformed services voter or an overseas voter in accordance with | 2784 |
Chapter 3511. of the Revised Code or who is eligible to | 2785 |
preregister to vote and who, but for the person's age, would be | 2786 |
eligible to vote as a uniformed services or overseas absent voter | 2787 |
to request voter registration
or preregistration forms | 2788 |
electronically from the office of the secretary of state or the | 2789 |
board of elections of the county in which the person's voting | 2790 |
residence is located. | 2791 |
(C) The secretary of state shall, by rule, establish and | 2800 |
maintain reasonable procedures necessary to protect the security, | 2801 |
confidentiality, and integrity of personal information that is | 2802 |
confidential under state or federal law that is collected, stored, | 2803 |
or otherwise used in the electronic voter registration and | 2804 |
preregistration form request process established under this | 2805 |
section. To the extent practicable, the procedures shall protect | 2806 |
the security and integrity of the electronic voter registration | 2807 |
and preregistration form request process and protect the privacy | 2808 |
of the identity and personal data of the person when such forms | 2809 |
are requested, processed, and sent. | 2810 |
(D) In establishing procedures under this section, the | 2811 |
secretary of state shall designate at least one means of | 2812 |
electronic communication for use by such persons to request voter | 2813 |
registration and preregistration forms, for use by the state to | 2814 |
send voter registration and preregistration forms to those who | 2815 |
have requested electronic delivery, and for providing public | 2816 |
election and voting information. Such designated means of | 2817 |
electronic communication shall be identified on all information | 2818 |
and instructional materials that accompany balloting materials. | 2819 |
(1) The filing by a registered elector or a preregistered | 2834 |
person of a written request with a board of elections, on a form | 2835 |
prescribed by the secretary of state and signed by the elector or | 2836 |
the preregistered person, that the registration or preregistration | 2837 |
be canceled. The filing of such a request does not prohibit an | 2838 |
otherwise qualified elector from reregistering to vote, or a | 2839 |
person who is otherwise qualified to preregister to vote from | 2840 |
preregistering to vote, at any time. | 2841 |
(B)(1) The secretary of state shall prescribe procedures to | 2860 |
identify and cancel the registration in a prior county of | 2861 |
residence of any registrant who changes the registrant's voting | 2862 |
residence to a location outside the registrant's current county of | 2863 |
registration. Any procedures prescribed in this division shall be | 2864 |
uniform and nondiscriminatory, and shall comply with the Voting | 2865 |
Rights Act of 1965. The secretary of state may prescribe | 2866 |
procedures under this division that include the use of the | 2867 |
national change of address service provided by the United States | 2868 |
postal system through its licensees. Any program so prescribed | 2869 |
shall be completed not later than ninety days prior to the date of | 2870 |
any primary or general election for federal office. | 2871 |
(D) Boards of elections shall send their voter registration | 2887 |
information to the secretary of state as required under section | 2888 |
3503.15 of the Revised Code. In the first quarter of each | 2889 |
odd-numbered year, the secretary of state shall send the | 2890 |
information to the national change of address service described in | 2891 |
division (B) of this section and request that service to provide | 2892 |
the secretary of state with a list of any voters sent by the | 2893 |
secretary of state who have moved within the last thirty-six | 2894 |
months. The secretary of state shall transmit to each appropriate | 2895 |
board of elections whatever lists the secretary of state receives | 2896 |
from that service. The board shall send a notice to each person on | 2897 |
the list transmitted by the secretary of state requesting | 2898 |
confirmation of the person's change of address, together with a | 2899 |
postage prepaid, preaddressed return envelope containing a form on | 2900 |
which the voter may verify or correct the change of address | 2901 |
information. | 2902 |
Sec. 3503.24. (A) Application for the correction of any | 2910 |
precinct registration list or preregistration record or a | 2911 |
challenge of the right to vote of any registered elector or the | 2912 |
right to preregister of any preregistered person may be made by | 2913 |
any qualified elector of the county at the office of the board of | 2914 |
elections not later than twenty days prior to the election. The | 2915 |
applications or challenges, with the reasons for the application | 2916 |
or challenge, shall be filed with the board on a form prescribed | 2917 |
by the secretary of state and shall be signed under penalty of | 2918 |
election falsification. | 2919 |
If the board is not able to determine whether an application | 2926 |
or challenge should be granted or denied solely on the basis of | 2927 |
the records maintained by the board, the director shall promptly | 2928 |
set a time and date for a hearing before the board. Except as | 2929 |
otherwise provided in division (D) of this section, the hearing | 2930 |
shall be held, and the application or challenge shall be decided, | 2931 |
no later than ten days after the board receives the application or | 2932 |
challenge. The director shall send written notice to any elector | 2933 |
whose right to vote is challenged, to any preregistered person | 2934 |
whose right to preregister is challenged, and to any person whose | 2935 |
name is alleged to have been omitted from a registration list or a | 2936 |
preregistration record. The notice shall inform the person of the | 2937 |
time and date of the hearing, and of the person's right to appear | 2938 |
and testify, call witnesses, and be represented by counsel. The | 2939 |
notice shall be sent by first class mail no later than three days | 2940 |
before the day of any scheduled hearing. The director shall also | 2941 |
provide the person who filed the application or challenge with | 2942 |
such written notice of the date and time of the hearing. | 2943 |
(C) If the board decides that any such person is not entitled | 2950 |
to have the person's name on the registration list or the | 2951 |
preregistration record, the person's name shall be removed from | 2952 |
the list or the record and the person's registration
or | 2953 |
preregistration forms canceled. If the board decides that the name | 2954 |
of any such person should appear on the registration list or the | 2955 |
preregistration record, it shall be added to the list or the | 2956 |
record, and the person's registration or preregistration forms | 2957 |
placed in the proper registration or preregistration files. All | 2958 |
such corrections and additions
to the registration list shall be | 2959 |
made on a copy of the precinct lists, which shall constitute the | 2960 |
poll lists, to be furnished to the respective precincts with other | 2961 |
election supplies on the day preceding the election, to be used by | 2962 |
the election officials in receiving the signatures of voters and | 2963 |
in checking against the registration forms. | 2964 |
(3) Any elector who is the subject of an application or | 2978 |
challenge hearing that is postponed under division (D)(1) of this | 2979 |
section shall be permitted to vote a provisional ballot under | 2980 |
section 3505.181 of the Revised Code. The validity of a | 2981 |
provisional ballot cast pursuant to this section shall be | 2982 |
determined in accordance with section 3505.183 of the Revised | 2983 |
Code, except that no such provisional ballot shall be counted | 2984 |
unless the hearing conducted under division (B) of this section | 2985 |
after the day of the election results in the elector's inclusion | 2986 |
in the official registration list. | 2987 |
Sec. 3503.26. (A) All registration and preregistration forms | 2993 |
and lists, when not in official use by the registrars or judges of | 2994 |
elections, shall be in the possession of the board of elections. | 2995 |
Names and addresses of electors and preregistered persons may be | 2996 |
copied from the registration and preregistration lists only in the | 2997 |
office of the board when it is open for business; but no such | 2998 |
copying shall be permitted during the period of time commencing | 2999 |
twenty-one days before an election and ending on the eleventh day | 3000 |
after an election if such copying will, in the opinion of the | 3001 |
board, interfere with the necessary work of the board. The board | 3002 |
shall keep in convenient form and available for public inspection | 3003 |
a correct set of the registration and preregistration lists of all | 3004 |
precincts in the county. | 3005 |
(B) Notwithstanding division (A) of this section the board of | 3006 |
elections shall maintain and make available for public inspection | 3007 |
and copying at a reasonable cost all records concerning the | 3008 |
implementation of programs and activities conducted for the | 3009 |
purpose of ensuring the accuracy and currency of voter | 3010 |
registration and preregistration lists, including the names and | 3011 |
addresses of all registered electors sent confirmation notices and | 3012 |
whether or not the elector responded to the confirmation notice. | 3013 |
The board shall maintain all records described in this division | 3014 |
for a period of two years. | 3015 |
"Voters must bring identification to the polls in order to | 3036 |
verify identity. Identification may include a current and valid | 3037 |
photo identification, a military identification, or a copy of a | 3038 |
current utility bill, bank statement, government check, paycheck, | 3039 |
or other government document, other than a notice of an election | 3040 |
or a voter registration notification sent by a board of elections, | 3041 |
that shows the voter's name and current address. Voters who do not | 3042 |
provide one of these documents will still be able to vote by | 3043 |
casting a provisional ballot. Voters who do not have any of the | 3044 |
above forms of identification, including a social security number, | 3045 |
will still be able to vote by signing an affirmation swearing to | 3046 |
the voter's identity under penalty of election falsification and | 3047 |
by casting a provisional ballot." | 3048 |
(B) Except as otherwise provided in division (D) of this | 3049 |
section, a board of elections, designated agency, public high | 3050 |
school, public vocational school, public library, office of a | 3051 |
county treasurer, or deputy registrar of motor vehicles shall | 3052 |
distribute a copy of the brochure developed under division (A) of | 3053 |
this section to any person who requests more than two voter | 3054 |
registration or preregistration forms at one time. | 3055 |
Sec. 3503.30. When by mistake a qualified elector or a | 3086 |
person qualified to preregister has caused himselfthe person to | 3087 |
be registered or preregistered in a precinct which was not histhe | 3088 |
elector's or the qualified person's place of residence, the board | 3089 |
of elections, on full and satisfactory proof that such error was | 3090 |
committed by mistake, may, on histhe elector's or the qualified | 3091 |
person's personal application and proof of histhe elector's or | 3092 |
the qualified person's true residence, correct histhe elector's | 3093 |
or the qualified person's registration or preregistration form. | 3094 |
The board may correct all errors occurring in the registration of | 3095 |
electorsor preregistration when it finds that the errors subject | 3096 |
to correction were not of fraudulent intent. | 3097 |
The director of the board of elections shall mail all such | 3105 |
authorizations to the board of elections or comparable agency of | 3106 |
the proper state and county. Upon the receipt of this | 3107 |
authorization from the forwarding county, the director of a board | 3108 |
of elections in Ohio, upon a comparison of the elector's or the | 3109 |
applicant's signature with the elector's or the applicant's | 3110 |
signature as it appears on the registration or preregistration | 3111 |
files, shall remove the elector's registration or the applicant's | 3112 |
preregistration from the files, and place it with the cancellation | 3113 |
authorization in a separate file which shall be kept for a period | 3114 |
of two calendar years. The board shall notify the elector or | 3115 |
applicant at the present address as shown on the cancellation | 3116 |
authorization that histhe elector's registration or the | 3117 |
applicant's preregistration has been canceled. | 3118 |
Sec. 3505.20. Any person offering to vote may be challenged | 3119 |
at the polling place by any judge of elections. If the board of | 3120 |
elections has ruled on the question presented by a challenge prior | 3121 |
to election day, its finding and decision shall be final, and the | 3122 |
presiding judge shall be notified in writing. If the board has not | 3123 |
ruled, the question shall be determined as set forth in this | 3124 |
section. If any person is so challenged as unqualified to vote, | 3125 |
the presiding judge shall tender the person the following oath: | 3126 |
"You do swear or affirm under penalty of election falsification | 3127 |
that you will fully and truly answer all of the following | 3128 |
questions put to you concerning your qualifications as an elector | 3129 |
at this election." | 3130 |
If the person offering to vote claims to be a naturalized | 3139 |
citizen of the United States, the person shall, before the vote is | 3140 |
received, produce for inspection of the judges a certificate of | 3141 |
naturalization and declare under oath that the person is the | 3142 |
identical person named in the certificate. If the person states | 3143 |
under oath that, by reason of the naturalization of the person's | 3144 |
parents or one of them, the person has become a citizen of the | 3145 |
United States, and when or where the person's parents were | 3146 |
naturalized, the certificate of naturalization need not be | 3147 |
produced. If the person is unable to provide a certificate of | 3148 |
naturalization on the day of the election, the judges shall | 3149 |
provide to the person, and the person may vote, a provisional | 3150 |
ballot under section 3505.181 of the Revised Code. The provisional | 3151 |
ballot shall not be counted unless it is properly completed and | 3152 |
the board of elections determines that the voter is properly | 3153 |
registered and eligible to vote in the election. | 3154 |
The judges shall direct an individual who is not in the | 3193 |
appropriate polling place to the appropriate polling place. If the | 3194 |
individual refuses to go to the appropriate polling place, or if | 3195 |
the judges are unable to verify the person's eligibility to cast a | 3196 |
ballot in the election, the judges shall provide to the person, | 3197 |
and the person may vote, a provisional ballot under section | 3198 |
3505.181 of the Revised Code. The provisional ballot shall not be | 3199 |
counted unless it is properly completed and the board of elections | 3200 |
determines that the voter is properly registered and eligible to | 3201 |
vote in the election. | 3202 |
The presiding judge shall put such other questions to the | 3217 |
person challenged as are necessary to determine the person's | 3218 |
qualifications as an elector at the election. If a person | 3219 |
challenged refuses to answer fully any question put to the person, | 3220 |
is unable to answer the questions as they were answered on the | 3221 |
registration form by the person under whose name the person offers | 3222 |
to vote, or refuses to sign the person's name or make the person's | 3223 |
mark, or if for any other reason a majority of the judges believes | 3224 |
the person is not entitled to vote, the judges shall provide to | 3225 |
the person, and the person may vote, a provisional ballot under | 3226 |
section 3505.181 of the Revised Code. The provisional ballot shall | 3227 |
not be counted unless it is properly completed and the board of | 3228 |
elections determines that the voter is properly registered and | 3229 |
eligible to vote in the election. | 3230 |
However, prior to the nineteenth day before the day of an | 3235 |
election and in accordance with section 3503.24 of the Revised | 3236 |
Code, any person qualified to vote may challenge the right of any | 3237 |
other person to be registered or preregistered as a voter, or the | 3238 |
right to cast an absent voter's ballot, or to make application for | 3239 |
such ballot. Such challenge shall be made in accordance with | 3240 |
section 3503.24 of the Revised Code, and the board of elections of | 3241 |
the county in which the voting residence of the challenged voter | 3242 |
or preregistered person is situated shall make a final | 3243 |
determination relative to the legality of such registration or | 3244 |
application. | 3245 |
(3) A copy of the elector's current and valid photo | 3262 |
identification, a copy of a military identification, or a copy of | 3263 |
a current utility bill, bank statement, government check, | 3264 |
paycheck, or other government document, other than a notice of an | 3265 |
election mailed by a board of elections under section 3501.19 of | 3266 |
the Revised Code or a notice of voter registration mailed by a | 3267 |
board of elections under section 3503.19 of the Revised Code, that | 3268 |
shows the name and address of the elector. | 3269 |
Each application for absent voter's ballots shall be | 3280 |
delivered to the director not earlier than the first day of | 3281 |
January of the year of the elections for which the absent voter's | 3282 |
ballots are requested or not earlier than ninety days before the | 3283 |
day of the election at which the ballots are to be voted, | 3284 |
whichever is earlier, and not later than twelve noon of the third | 3285 |
day before the day of the election at which the ballots are to be | 3286 |
voted, or not later than six p.m. on the the last Friday before | 3287 |
the day of the election at which the ballots are to be voted if | 3288 |
the application is delivered in person to the office of the board. | 3289 |
(B) Upon receipt by the director of elections of an | 3295 |
application for absent voter's ballots that contains all of the | 3296 |
required information, as provided by section 3509.03 and division | 3297 |
(G) of section 3503.16 of the Revised Code, the director, if the | 3298 |
director finds that the applicant is a qualified elector, shall | 3299 |
deliver to the applicant in person or mail directly to the | 3300 |
applicant by special delivery mail, air mail, or regular mail, | 3301 |
postage prepaid, proper absent voter's ballots. TheHowever, if | 3302 |
the application indicates that the applicant is preregistered to | 3303 |
vote and will be a qualified elector for the election, the | 3304 |
director shall wait until the forty-fifth day before the day of | 3305 |
the election to determine whether the applicant is a qualified | 3306 |
elector. | 3307 |
...... In lieu of providing a driver's license number or the | 3335 |
last four digits of my Social Security Number, I am enclosing a | 3336 |
copy of one of the following in the return envelope in which this | 3337 |
identification envelope will be mailed: a current and valid photo | 3338 |
identification, a military identification, or a current utility | 3339 |
bill, bank statement, government check, paycheck, or other | 3340 |
government document, other than a notice of an election mailed by | 3341 |
a board of elections under section 3501.19 of the Revised Code or | 3342 |
a notice of voter registration mailed by a board of elections, | 3343 |
that shows my name and address. | 3344 |
The director shall mail with the ballots and the unsealed | 3351 |
identification envelope an unsealed return envelope upon the face | 3352 |
of which shall be printed the official title and post-office | 3353 |
address of the director. In the upper left corner on the face of | 3354 |
the return envelope, several blank lines shall be printed upon | 3355 |
which the voter may write the voter's name and return address. The | 3356 |
return envelope shall be of such size that the identification | 3357 |
envelope can be conveniently placed within it for returning the | 3358 |
identification envelope to the director. | 3359 |
Sec. 3511.02. Notwithstanding any section of the Revised | 3360 |
Code to the contrary, whenever any person applies for registration | 3361 |
as a voter on a form adopted in accordance with federal | 3362 |
regulations relating to the "Uniformed and Overseas Citizens | 3363 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 3364 |
this application shall be sufficient for voter registration and as | 3365 |
a request for an absent voter's ballot. Uniformed services or | 3366 |
overseas absent voter's ballots may be obtained by any person | 3367 |
meeting the requirements of section 3511.011 of the Revised Code, | 3368 |
including a preregistered person who will be a qualified elector | 3369 |
for that election and who meets the other requirements of that | 3370 |
section, by applying electronically to the secretary of state or | 3371 |
to the board of elections of the county in which the person's | 3372 |
voting residence is located in accordance with section 3511.021 of | 3373 |
the Revised Code or by applying to the director of the board of | 3374 |
elections of the county in which the person's voting residence is | 3375 |
located, in one of the following ways: | 3376 |
(A) That person may make written application for those | 3377 |
ballots. The person may personally deliver the application to the | 3378 |
director or may mail it, send it by facsimile machine, send it by | 3379 |
electronic mail, send it through internet delivery if such | 3380 |
delivery is offered by the board of elections or the secretary of | 3381 |
state, or otherwise send it to the director. The application need | 3382 |
not be in any particular form but shall contain all of the | 3383 |
following information: | 3384 |
(c) A copy of the elector's current and valid photo | 3393 |
identification, a copy of a military identification, or a copy of | 3394 |
a current utility bill, bank statement, government check, | 3395 |
paycheck, or other government document, other than a notice of an | 3396 |
election mailed by a board of elections under section 3501.19 of | 3397 |
the Revised Code or a notice of voter registration mailed by a | 3398 |
board of elections under section 3503.19 of the Revised Code, that | 3399 |
shows the name and address of the elector. | 3400 |
(9) A statement of the elector's length of residence in the | 3409 |
state immediately preceding the commencement of service, | 3410 |
immediately preceding the date of leaving to be with or near the | 3411 |
service member, or immediately preceding leaving the United | 3412 |
States, or a statement that the elector's parent or legal guardian | 3413 |
resided in this state long enough to establish residency for | 3414 |
voting purposes immediately preceding leaving the United States, | 3415 |
whichever is applicable; | 3416 |
(B) A voter or any relative of a voter listed in division (C) | 3428 |
of this section may use a single federal post card application to | 3429 |
apply for uniformed services or overseas absent voter's ballots | 3430 |
for use at the primary and general elections in a given year and | 3431 |
any special election to be held on the day in that year specified | 3432 |
by division (E) of section 3501.01 of the Revised Code for the | 3433 |
holding of a primary election, designated by the general assembly | 3434 |
for the purpose of submitting constitutional amendments proposed | 3435 |
by the general assembly to the voters of the state. A single | 3436 |
federal postcard application shall be processed by the board of | 3437 |
elections pursuant to section 3511.04 of the Revised Code the same | 3438 |
as if the voter had applied separately for uniformed services or | 3439 |
overseas absent voter's ballots for each election. | 3440 |
(C) Application to have uniformed services or overseas absent | 3441 |
voter's ballots mailed or sent by facsimile machine to such a | 3442 |
person may be made by the spouse, father, mother, father-in-law, | 3443 |
mother-in-law, grandfather, grandmother, brother or sister of the | 3444 |
whole blood or half blood, son, daughter, adopting parent, adopted | 3445 |
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, | 3446 |
aunt, nephew, or niece of such a person. The application shall be | 3447 |
in writing upon a blank form furnished only by the director or on | 3448 |
a single federal post card as provided in division (B) of this | 3449 |
section. The form of the application shall be prescribed by the | 3450 |
secretary of state. The director shall furnish that blank form to | 3451 |
any of the relatives specified in this division desiring to make | 3452 |
the application, only upon the request of such a relative made in | 3453 |
person at the office of the board or upon the written request of | 3454 |
such a relative mailed to the office of the board. The | 3455 |
application, subscribed and sworn to by the applicant, shall | 3456 |
contain all of the following: | 3457 |
(4) A statement identifying the elector's length of residence | 3463 |
in the state immediately preceding the commencement of service, | 3464 |
immediately preceding the date of leaving to be with or near a | 3465 |
service member, or immediately preceding leaving the United | 3466 |
States, or a statement that the elector's parent or legal guardian | 3467 |
resided in this state long enough to establish residency for | 3468 |
voting purposes immediately preceding leaving the United States, | 3469 |
as the case may be; | 3470 |
(c) A copy of the elector's current and valid photo | 3476 |
identification, a copy of a military identification, or a copy of | 3477 |
a current utility bill, bank statement, government check, | 3478 |
paycheck, or other government document, other than a notice of an | 3479 |
election mailed by a board of elections under section 3501.19 of | 3480 |
the Revised Code or a notice of voter registration mailed by a | 3481 |
board of elections under section 3503.19 of the Revised Code, that | 3482 |
shows the name and address of the elector. | 3483 |
Each application for uniformed services or overseas absent | 3504 |
voter's ballots shall be delivered to the director not earlier | 3505 |
than the first day of January of the year of the elections for | 3506 |
which the uniformed services or overseas absent voter's ballots | 3507 |
are requested or not earlier than ninety days before the day of | 3508 |
the election at which the ballots are to be voted, whichever is | 3509 |
earlier, and not later than twelve noon of the third day preceding | 3510 |
the day of the election, or not later than six p.m. on the last | 3511 |
Friday before the day of the election at which those ballots are | 3512 |
to be voted if the application is delivered in person to the | 3513 |
office of the board. | 3514 |
Sec. 3511.021. (A)(1) The secretary of state shall establish | 3522 |
procedures that allow any person who is eligible to vote as a | 3523 |
uniformed services voter or an overseas voter in accordance with | 3524 |
42 U.S.C. 1973ff-6, or who is preregistered to vote and who will | 3525 |
be eligible to vote as such a voter in that election, to apply by | 3526 |
electronic means to the office of the secretary of state or to the | 3527 |
board of elections of the county in which the person's voting | 3528 |
residence is located for a uniformed services or overseas absent | 3529 |
voter's ballot. | 3530 |
(2) The procedures shall allow such a person who requests a | 3531 |
uniformed services or overseas absent voter's ballot application | 3532 |
to express a preference for the manner in which the person will | 3533 |
receive the requested application, whether by mail, facsimile | 3534 |
transmission, electronic mail, or, if offered by the board of | 3535 |
elections or the secretary of state, through internet delivery. If | 3536 |
the person completes and timely returns the application and the | 3537 |
applicant is eligible to receive a ballot, the procedures shall | 3538 |
allow the applicant to express a preference for the manner in | 3539 |
which the person will receive the requested blank, unvoted | 3540 |
ballots, whether by mail, facsimile transmission, electronic mail, | 3541 |
or, if offered by the board of elections or the secretary of | 3542 |
state, through internet delivery. The requested items shall be | 3543 |
transmitted by the board of elections of the county in which the | 3544 |
person's voting residence is located by the preferred method. If | 3545 |
the requestor does not express a preferred method, the requested | 3546 |
items shall be delivered via standard mail. | 3547 |
(2) The appropriate state or local election official shall | 3576 |
establish and maintain reasonable procedures necessary to protect | 3577 |
the security, confidentiality, and integrity of personal | 3578 |
information that is confidential under state or federal law that | 3579 |
is collected, stored, or otherwise used by the free access system | 3580 |
established under division (B) of this section. Access to | 3581 |
information about the votes cast on an individual ballot shall be | 3582 |
restricted to the person who cast the ballot. To the extent | 3583 |
practicable, the procedures shall protect the security and | 3584 |
integrity of the process and protect the privacy of the identity | 3585 |
and personal data of the person. | 3586 |
(B) Not later than the forty-fifth day before the day of each | 3593 |
general or primary election, and at the earliest possible time | 3594 |
before the day of a special election held on a day other than the | 3595 |
day on which a general or primary election is held, the director | 3596 |
of the board of elections shall mail, send by facsimile machine, | 3597 |
send by electronic mail, send through internet delivery if such | 3598 |
delivery is offered by the board of elections or the secretary of | 3599 |
state, or otherwise send uniformed services or overseas absent | 3600 |
voter's ballots then ready for use as provided for in section | 3601 |
3511.03 of the Revised Code and for which the director has | 3602 |
received valid applications prior to that time. However, if an | 3603 |
application indicates that the applicant is preregistered to vote | 3604 |
and will be a qualified elector for the election, the director | 3605 |
shall wait until the forty-fifth day before the day of the | 3606 |
election to determine whether the applicant is a qualified | 3607 |
elector. Thereafter, and until twelve noon of the third day | 3608 |
preceding the day of election, the director shall promptly, upon | 3609 |
receipt of valid applications for them, mail, send by facsimile | 3610 |
machine, send by electronic mail, send through internet delivery | 3611 |
if such delivery is offered by the board of elections or the | 3612 |
secretary of state, or otherwise send to the proper persons all | 3613 |
uniformed services or overseas absent voter's ballots then ready | 3614 |
for use. | 3615 |
If, after the seventieth day before the day of a general or | 3616 |
primary election, any other question, issue, or candidacy is | 3617 |
lawfully ordered submitted to the electors voting at the general | 3618 |
or primary election, the board shall promptly provide a separate | 3619 |
official issue, special election, or other election ballot for | 3620 |
submitting the question, issue, or candidacy to those electors, | 3621 |
and the director shall promptly mail, send by facsimile machine, | 3622 |
send by electronic mail, send through internet delivery if such | 3623 |
delivery is offered by the board of elections or the secretary of | 3624 |
state, or otherwise send each such separate ballot to each person | 3625 |
to whom the director has previously mailed or sent other uniformed | 3626 |
services or overseas absent voter's ballots. | 3627 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 3631 |
Title XXXV of the Revised Code is any group of voters that, at the | 3632 |
most recent regular state election, polled for its candidate for | 3633 |
governor in the state or nominees for presidential electors at | 3634 |
least five per cent of the entire vote cast for that office or | 3635 |
that filed with the secretary of state, subsequent to any election | 3636 |
in which it received less than five per cent of that vote, a | 3637 |
petition signed by qualified electors equal in number to at least | 3638 |
one per cent of the total vote for governor or nominees for | 3639 |
presidential electors at the most recent election, declaring their | 3640 |
intention of organizing a political party, the name of which shall | 3641 |
be stated in the declaration, and of participating in the | 3642 |
succeeding primary election, held in even-numbered years, that | 3643 |
occurs more than one hundred twenty days after the date of filing. | 3644 |
No such group of electors shall assume a name or designation that | 3645 |
is similar, in the opinion of the secretary of state, to that of | 3646 |
an existing political party as to confuse or mislead the voters at | 3647 |
an election. If any political party fails to cast five per cent of | 3648 |
the total vote cast at an election for the office of governor or | 3649 |
president, it shall cease to be a political party. | 3650 |
(3) "Candidate" has the same meaning as in division (H) of | 3663 |
section 3501.01 of the Revised Code and also includes any person | 3664 |
who, at any time before or after an election, receives | 3665 |
contributions or makes expenditures or other use of contributions, | 3666 |
has given consent for another to receive contributions or make | 3667 |
expenditures or other use of contributions, or appoints a campaign | 3668 |
treasurer, for the purpose of bringing about the person's | 3669 |
nomination or election to public office. When two persons jointly | 3670 |
seek the offices of governor and lieutenant governor, "candidate" | 3671 |
means the pair of candidates jointly. "Candidate" does not include | 3672 |
candidates for election to the offices of member of a county or | 3673 |
state central committee, presidential elector, and delegate to a | 3674 |
national convention or conference of a political party. | 3675 |
(4) "Continuing association" means an association, other than | 3676 |
a campaign committee, political party, legislative campaign fund, | 3677 |
political contributing entity, or labor organization, that is | 3678 |
intended to be a permanent organization that has a primary purpose | 3679 |
other than supporting or opposing specific candidates, political | 3680 |
parties, or ballot issues, and that functions on a regular basis | 3681 |
throughout the year. "Continuing association" includes | 3682 |
organizations that are determined to be not organized for profit | 3683 |
under subsection 501 and that are described in subsection | 3684 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 3685 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 3686 |
of indebtedness, donation, advance, payment, or transfer of funds | 3687 |
or anything of value, including a transfer of funds from an inter | 3688 |
vivos or testamentary trust or decedent's estate, and the payment | 3689 |
by any person other than the person to whom the services are | 3690 |
rendered for the personal services of another person, which | 3691 |
contribution is made, received, or used for the purpose of | 3692 |
influencing the results of an election. Any loan, gift, deposit, | 3693 |
forgiveness of indebtedness, donation, advance, payment, or | 3694 |
transfer of funds or of anything of value, including a transfer of | 3695 |
funds from an inter vivos or testamentary trust or decedent's | 3696 |
estate, and the payment by any campaign committee, political | 3697 |
action committee, legislative campaign fund, political party, | 3698 |
political contributing entity, or person other than the person to | 3699 |
whom the services are rendered for the personal services of | 3700 |
another person, that is made, received, or used by a state or | 3701 |
county political party, other than moneys a state or county | 3702 |
political party receives from the Ohio political party fund | 3703 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 3704 |
state or county political party may receive under sections | 3705 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 3706 |
considered to be a "contribution" for the purpose of section | 3707 |
3517.10 of the Revised Code and shall be included on a statement | 3708 |
of contributions filed under that section. | 3709 |
(6) "Expenditure" means the disbursement or use of a | 3732 |
contribution for the purpose of influencing the results of an | 3733 |
election or of making a charitable donation under division (G) of | 3734 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 3735 |
contribution by a state or county political party is an | 3736 |
expenditure and shall be considered either to be made for the | 3737 |
purpose of influencing the results of an election or to be made as | 3738 |
a charitable donation under division (G) of section 3517.08 of the | 3739 |
Revised Code and shall be reported on a statement of expenditures | 3740 |
filed under section 3517.10 of the Revised Code. During the thirty | 3741 |
days preceding a primary or general election, any disbursement to | 3742 |
pay the direct costs of producing or airing a broadcast, cable, or | 3743 |
satellite communication that refers to a clearly identified | 3744 |
candidate shall be considered to be made for the purpose of | 3745 |
influencing the results of that election and shall be reported as | 3746 |
an expenditure or as an independent expenditure under section | 3747 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 3748 |
that the information required to be reported regarding | 3749 |
contributors for those expenditures or independent expenditures | 3750 |
shall be the same as the information required to be reported under | 3751 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 3752 |
(8) "Political action committee" means a combination of two | 3759 |
or more persons, the primary or major purpose of which is to | 3760 |
support or oppose any candidate, political party, or issue, or to | 3761 |
influence the result of any election through express advocacy, and | 3762 |
that is not a political party, a campaign committee, a political | 3763 |
contributing entity, or a legislative campaign fund. "Political | 3764 |
action committee" does not include either of the following: | 3765 |
(16) "In-kind contribution" means anything of value other | 3796 |
than money that is used to influence the results of an election or | 3797 |
is transferred to or used in support of or in opposition to a | 3798 |
candidate, campaign committee, legislative campaign fund, | 3799 |
political party, political action committee, or political | 3800 |
contributing entity and that is made with the consent of, in | 3801 |
coordination, cooperation, or consultation with, or at the request | 3802 |
or suggestion of the benefited candidate, committee, fund, party, | 3803 |
or entity. The financing of the dissemination, distribution, or | 3804 |
republication, in whole or part, of any broadcast or of any | 3805 |
written, graphic, or other form of campaign materials prepared by | 3806 |
the candidate, the candidate's campaign committee, or their | 3807 |
authorized agents is an in-kind contribution to the candidate and | 3808 |
an expenditure by the candidate. | 3809 |
(17) "Independent expenditure" means an expenditure by a | 3810 |
person advocating the election or defeat of an identified | 3811 |
candidate or candidates, that is not made with the consent of, in | 3812 |
coordination, cooperation, or consultation with, or at the request | 3813 |
or suggestion of any candidate or candidates or of the campaign | 3814 |
committee or agent of the candidate or candidates. As used in | 3815 |
division (B)(17) of this section: | 3816 |
(a) "Person" means an individual, partnership, unincorporated | 3817 |
business organization or association, political action committee, | 3818 |
political contributing entity, separate segregated fund, | 3819 |
association, or other organization or group of persons, but not a | 3820 |
labor organization or a corporation unless the labor organization | 3821 |
or corporation is a political contributing entity. | 3822 |
(d) "Made in coordination, cooperation, or consultation with, | 3829 |
or at the request or suggestion of, any candidate or the campaign | 3830 |
committee or agent of the candidate" means made pursuant to any | 3831 |
arrangement, coordination, or direction by the candidate, the | 3832 |
candidate's campaign committee, or the candidate's agent prior to | 3833 |
the publication, distribution, display, or broadcast of the | 3834 |
communication. An expenditure is presumed to be so made when it is | 3835 |
any of the following: | 3836 |
(18) "Labor organization" means a labor union; an employee | 3858 |
organization; a federation of labor unions, groups, locals, or | 3859 |
other employee organizations; an auxiliary of a labor union, | 3860 |
employee organization, or federation of labor unions, groups, | 3861 |
locals, or other employee organizations; or any other bona fide | 3862 |
organization in which employees participate and that exists for | 3863 |
the purpose, in whole or in part, of dealing with employers | 3864 |
concerning grievances, labor disputes, wages, hours, and other | 3865 |
terms and conditions of employment. | 3866 |
(25) "Political contributing entity" means any entity, | 3884 |
including a corporation or labor organization, that may lawfully | 3885 |
make contributions and expenditures and that is not an individual | 3886 |
or a political action committee, continuing association, campaign | 3887 |
committee, political party, legislative campaign fund, designated | 3888 |
state campaign committee, or state candidate fund. For purposes of | 3889 |
this division, "lawfully" means not prohibited by any section of | 3890 |
the Revised Code, or authorized by a final judgment of a court of | 3891 |
competent jurisdiction. | 3892 |
(2) An expenditure by a political party shall not be | 3905 |
considered a contribution by the political party or an expenditure | 3906 |
by or on behalf of the candidate if the purpose of the expenditure | 3907 |
is to inform predominantly the party's members by means of mailed | 3908 |
publications or other direct communication of its activities or | 3909 |
endorsements, or for voter contact such as sample ballots, absent | 3910 |
voter's ballots application mailings, voter registration or | 3911 |
preregistration, or get-out-the-vote activities. | 3912 |
(C) An expenditure by a continuing association, political | 3913 |
contributing entity, or political party shall not be considered a | 3914 |
contribution to any campaign committee or an expenditure by or on | 3915 |
behalf of any campaign committee if the purpose of the expenditure | 3916 |
is for the staff and maintenance of the continuing association's, | 3917 |
political contributing entity's, or political party's | 3918 |
headquarters, or for a political poll, survey, index, or other | 3919 |
type of measurement not on behalf of a specific candidate. | 3920 |
(F) An expenditure that purchases goods or services shall be | 3931 |
attributed to an election when the disbursement of funds is made, | 3932 |
rather than at the time the goods or services are used. The | 3933 |
secretary of state, under the procedures of Chapter 119. of the | 3934 |
Revised Code, shall establish rules for the attribution of | 3935 |
expenditures to a candidate when the candidate is a candidate for | 3936 |
more than one office during a reporting period and for | 3937 |
expenditures made in a year in which no election is held. The | 3938 |
secretary of state shall further define by rule those expenditures | 3939 |
that are or are not by or on behalf of a candidate. | 3940 |
(G) An expenditure for the purpose of a charitable donation | 3941 |
may be made if it is made to an organization that is exempt from | 3942 |
federal income taxation under subsection 501(a) and described in | 3943 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 3944 |
501(c)(19) of the Internal Revenue Code or is approved by advisory | 3945 |
opinion of the Ohio elections commission as a legitimate | 3946 |
charitable organization. Each expenditure under this division | 3947 |
shall be separately itemized on statements made pursuant to | 3948 |
section 3517.10 of the Revised Code. | 3949 |
(1) "Gift" means a gift, subscription, loan, advance, or | 3951 |
deposit of money, or anything of value given to a state political | 3952 |
party that is specifically designated and used to defray any cost | 3953 |
incurred on or after the effective date of this sectionMarch 31, | 3954 |
2005, for voter registration or preregistration, voter | 3955 |
identification, get-out-the-vote, or generic campaign activities, | 3956 |
and that is not used for the purpose of directly influencing the | 3957 |
election of any individual candidate in any particular election | 3958 |
for any office. | 3959 |
(B)(1) Notwithstanding section 3599.03 of the Revised Code, | 3964 |
any person, including a for-profit or nonprofit corporation, but | 3965 |
not including a public utility, may make a gift to a Levin account | 3966 |
as described in division (D) of this section, if the gift is | 3967 |
specifically designated and used to defray any cost incurred on or | 3968 |
after the effective date of this sectionMarch 31, 2005, for voter | 3969 |
registration or preregistration, voter identification, | 3970 |
get-out-the-vote, or generic campaign activities that would not | 3971 |
otherwise be considered a contribution or expenditure. | 3972 |
(C)(1) Each state political party that receives a gift under | 3985 |
this section shall file, by electronic means of transmission to | 3986 |
the office of the secretary of state, a full, true, and itemized | 3987 |
statement describing the gift received and the manner in which | 3988 |
disbursements were made from the account. The statement shall be | 3989 |
filed at the same time as and in conjunction with each filing of a | 3990 |
deposit and disbursement statement by the state political party in | 3991 |
accordance with division (B) of section 3517.1012 of the Revised | 3992 |
Code. | 3993 |
(2) The organization of voter registration and | 4063 |
preregistration programs and get-out-the-vote campaigns and the | 4064 |
costs associated with voter registration and preregistration and | 4065 |
get-out-the-vote activities, including, but not limited to, rental | 4066 |
costs for booth spaces at fairs, festivals, or similar events if | 4067 |
voter registration and preregistration forms are available at | 4068 |
those booths, printing costs for registration and preregistration | 4069 |
forms, mailing costs for communications soliciting voter | 4070 |
registration or preregistration, and payments for the services of | 4071 |
persons conducting voter registration and preregistration and | 4072 |
get-out-the-vote activities; | 4073 |
(2) Moneys from the Ohio political party fund that are used | 4092 |
as rental costs for booth spaces at fairs, festivals, or similar | 4093 |
events, at which candidates are present or informational materials | 4094 |
about candidates are available, are not used in violation of | 4095 |
division (B)(1)(a) of this section if voter registration and | 4096 |
preregistration forms also are available at those booths and booth | 4097 |
space is available for use by all candidates of the party renting | 4098 |
the booth. | 4099 |
Sec. 3599.02. No person shall before, during, or after any | 4107 |
primary, general, or special election or convention solicit, | 4108 |
request, demand, receive, or contract for any money, gift, loan, | 4109 |
property, influence, position, employment, or other thing of value | 4110 |
for that person or for another person for doing any of the | 4111 |
following: | 4112 |
Sec. 3599.11. (A) No person shall knowingly register or make | 4129 |
application or attempt to register in a precinct in which the | 4130 |
person is not a qualified voter; or knowingly aid or abet any | 4131 |
person to so register or preregister; or attempt to register or | 4132 |
knowingly induce or attempt to induce any person to so register or | 4133 |
preregister; or knowingly impersonate another or write or assume | 4134 |
the name of another, real or fictitious, in registering or | 4135 |
attempting to register; or by false statement or other unlawful | 4136 |
means procure, aid, or attempt to procure the erasure or striking | 4137 |
out on the register or duplicate list of the name of a qualified | 4138 |
elector therein; or knowingly induce or attempt to induce a | 4139 |
registrar or other election authority to refuse registration or | 4140 |
preregistration in a precinct to an electora qualified person | 4141 |
thereof; or knowingly swear or affirm falsely upon a lawful | 4142 |
examination by or before any registering officer; or make, print, | 4143 |
or issue any false or counterfeit certificate of registration or | 4144 |
preregistration or knowingly alter any certificate of registration | 4145 |
or preregistration. | 4146 |
(2)(a) No person who helps another person register or | 4161 |
preregister outside an official voter registration and | 4162 |
preregistration place shall knowingly fail to return any | 4163 |
registration or preregistration form entrusted to that person to | 4164 |
any board of elections or the office of the secretary of state | 4165 |
within ten days after that regsitrationregistration or | 4166 |
preregistration form is completed, or on or before the thirtieth | 4167 |
day before the election, whichever day is earlier, unless the | 4168 |
registration or preregistration form is received by the person | 4169 |
within twenty-four hours of the thirtieth day before the election, | 4170 |
in which case the person shall return the registration or | 4171 |
preregistration form to any board of elections or the office of | 4172 |
the secretary of state within ten days of its receipt. | 4173 |
Whoever violates this division is guilty of election | 4174 |
falsification, a felony of the fifth degree, unless the person has | 4175 |
not previously been convicted of a violation of division | 4176 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 4177 |
violation of this division does not cause any person to miss any | 4178 |
voter registration deadline with regard to any election, and the | 4179 |
number of voter registration or preregistration forms that the | 4180 |
violator has failed to properly return does not exceed forty-nine, | 4181 |
in which case the violator is guilty of a misdemeanor of the first | 4182 |
degree. | 4183 |
Whoever violates this division is guilty of election | 4190 |
falsification, a felony of the fifth degree, unless the person has | 4191 |
not previously been convicted of a violation of division | 4192 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 4193 |
violation of this division does not cause any person to miss any | 4194 |
voter registration deadline with regard to any election, and the | 4195 |
number of voter registration or preregistration forms that the | 4196 |
violator has failed to properly return does not exceed forty-nine, | 4197 |
in which case the violator is guilty of a misdemeanor of the first | 4198 |
degree. | 4199 |
(C)(1) No person who receives compensation for registering or | 4200 |
preregistering a voter shall knowingly fail to return any | 4201 |
registration or preregistration form entrusted to that person to | 4202 |
any board of elections or the office of the secretary of state | 4203 |
within ten days after that voter registration or preregistration | 4204 |
form is completed, or on or before the thirtieth day before the | 4205 |
election, whichever is earlier, unless the registration or | 4206 |
preregistration form is received by the person within twenty-four | 4207 |
hours of the thirtieth day before the election, in which case the | 4208 |
person shall return the registration or preregistration form to | 4209 |
any board of elections or the office of the secrtarysecretary of | 4210 |
state within ten days of its receipt. | 4211 |
Whoever violates this division is guilty of election | 4212 |
falsification, a felony of the fifth degree, unless the person has | 4213 |
not previously been convicted of a violation of division | 4214 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 4215 |
violation of this division does not cause any person to miss any | 4216 |
voter registration deadline with regard to any election, and the | 4217 |
number of voter registration or preregistration forms that the | 4218 |
violator has failed to properly return does not exceed forty-nine, | 4219 |
in which case the violator is guilty of a misdemeanor of the first | 4220 |
degree. | 4221 |
Whoever violates this division is guilty of election | 4227 |
falsification, a felony of the fifth degree, unless the person has | 4228 |
not previously been convicted of a violation of division | 4229 |
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 4230 |
violation of this division does not cause any person to miss any | 4231 |
voter registration deadline with regard to any election, and the | 4232 |
number of voter registration or preregistration forms that the | 4233 |
violator has failed to properly return does not exceed forty-nine, | 4234 |
in which case the violator is guilty of a misdemeanor of the first | 4235 |
degree. | 4236 |
(B) No director of elections, deputy director of elections, | 4261 |
or employee of the board of elections designated by the director | 4262 |
or deputy director shall knowingly prevent or prohibit any person | 4263 |
from inspecting, under reasonable regulations established and | 4264 |
posted by the board of elections, the public records filed in the | 4265 |
office of the board of elections. Records relating to the | 4266 |
declination of a person to register or preregister to vote and to | 4267 |
the identity of a voter registration or preregistration agency | 4268 |
through which any particular person registered or preregistered to | 4269 |
vote are not public records for purposes of this section. | 4270 |
Sec. 3599.26. No person shall fraudulently put a ballot or | 4294 |
ticket into a ballot box; or knowingly and willfully vote a ballot | 4295 |
other than an official ballot lawfully obtained by the person from | 4296 |
the precinct election authorities; or fraudulently or deceitfully | 4297 |
change a ballot of an elector, by which such elector is prevented | 4298 |
from voting for such candidates or on an issue as the elector | 4299 |
intends to do; or mark a ballot of an elector except as authorized | 4300 |
by section 3505.24 of the Revised Code; or hand a marked ballot to | 4301 |
an elector to vote, with intent to ascertain how the elector | 4302 |
voted; or furnish a ballot to an elector who cannot read, | 4303 |
knowingly informing the elector that it contains a name different | 4304 |
from the one that is printed or written thereon, to induce the | 4305 |
elector to vote contrary to the elector's intentions; or unduly | 4306 |
delay or hinder an electoranother person from applying for | 4307 |
registration or preregistration, registering or preregistering, or | 4308 |
from attempting to vote or voting; or knowingly print or | 4309 |
distribute a ballot contrary to law. | 4310 |
Sec. 3599.31. No officer of the law shall fail to obey | 4313 |
forthwith an order of the presiding judge and aid in enforcing a | 4314 |
lawful order of the presiding judges at an election, against | 4315 |
persons unlawfully congregating or loitering within one hundred | 4316 |
feet of a polling place, hindering or delaying an elector from | 4317 |
reaching or leaving the polling place, soliciting or attempting, | 4318 |
within one hundred feet of the polling place, to influence an | 4319 |
elector in casting the elector's vote, or interfering with the | 4320 |
registration or preregistration of voters or casting and counting | 4321 |
of the ballots. | 4322 |
(b) The registrar may designate a clerk of a court of common | 4347 |
pleas as a deputy registrar if the population of the county is | 4348 |
forty thousand or less according to the last federal census. In a | 4349 |
county with a population greater than forty thousand but not more | 4350 |
than fifty thousand according to the last federal census, the | 4351 |
clerk of a court of common pleas is eligible to act as a deputy | 4352 |
registrar and may participate in the competitive selection process | 4353 |
for the award of a deputy registrar contract by applying in the | 4354 |
same manner as any other person. All fees collected and retained | 4355 |
by a clerk for conducting deputy registrar services shall be paid | 4356 |
into the county treasury to the credit of the certificate of title | 4357 |
administration fund created under section 325.33 of the Revised | 4358 |
Code. | 4359 |
(c) In all other instances, the registrar shall contract with | 4360 |
one or more other persons in each county to act as deputy | 4361 |
registrars. Notwithstanding the county population restrictions in | 4362 |
division (A)(1)(b) of this section, if no person applies to act | 4363 |
under contract as a deputy registrar in a county and the county | 4364 |
auditor is not designated as a deputy registrar, the registrar may | 4365 |
ask the clerk of a court of common pleas to serve as the deputy | 4366 |
registrar for that county. | 4367 |
(B) The registrar shall not contract with any person to act | 4376 |
as a deputy registrar if the person or, where applicable, the | 4377 |
person's spouse or a member of the person's immediate family has | 4378 |
made, within the current calendar year or any one of the previous | 4379 |
three calendar years, one or more contributions totaling in excess | 4380 |
of one hundred dollars to any person or entity included in | 4381 |
division (A)(2) of section 4503.033 of the Revised Code. As used | 4382 |
in this division, "immediate family" has the same meaning as in | 4383 |
division (D) of section 102.01 of the Revised Code, and "entity" | 4384 |
includes any political party and any "continuing association" as | 4385 |
defined in division (B)(4) of section 3517.01 of the Revised Code | 4386 |
or "political action committee" as defined in division (B)(8) of | 4387 |
that section that is primarily associated with that political | 4388 |
party. For purposes of this division, contributions to any | 4389 |
continuing association or any political action committee that is | 4390 |
primarily associated with a political party shall be aggregated | 4391 |
with contributions to that political party. | 4392 |
The contribution limitations contained in this division do | 4393 |
not apply to any county auditor or clerk of a court of common | 4394 |
pleas. A county auditor or clerk of a court of common pleas is not | 4395 |
required to file the disclosure statement or pay the filing fee | 4396 |
required under section 4503.033 of the Revised Code. The | 4397 |
limitations of this division also do not apply to a deputy | 4398 |
registrar who, subsequent to being awarded a deputy registrar | 4399 |
contract, is elected to an office of a political subdivision. | 4400 |
(1) Any elected public official other than a county auditor | 4403 |
or, as authorized by division (A)(1)(b) of this section, a clerk | 4404 |
of a court of common pleas, acting in an official capacity, except | 4405 |
that, the registrar shall continue and may renew a contract with | 4406 |
any deputy registrar who, subsequent to being awarded a deputy | 4407 |
registrar contract, is elected to an office of a political | 4408 |
subdivision; | 4409 |
(C)(1) Except as provided in division (C)(2) of this section, | 4416 |
deputy registrars are independent contractors and neither they nor | 4417 |
their employees are employees of this state, except that nothing | 4418 |
in this section shall affect the status of county auditors or | 4419 |
clerks of courts of common pleas as public officials, nor the | 4420 |
status of their employees as employees of any of the counties of | 4421 |
this state, which are political subdivisions of this state. Each | 4422 |
deputy registrar shall be responsible for the payment of all | 4423 |
unemployment compensation premiums, all workers' compensation | 4424 |
premiums, social security contributions, and any and all taxes for | 4425 |
which the deputy registrar is legally responsible. Each deputy | 4426 |
registrar shall comply with all applicable federal, state, and | 4427 |
local laws requiring the withholding of income taxes or other | 4428 |
taxes from the compensation of the deputy registrar's employees. | 4429 |
Each deputy registrar shall maintain during the entire term of the | 4430 |
deputy registrar's contract a policy of business liability | 4431 |
insurance satisfactory to the registrar and shall hold the | 4432 |
department of public safety, the director of public safety, the | 4433 |
bureau of motor vehicles, and the registrar harmless upon any and | 4434 |
all claims for damages arising out of the operation of the deputy | 4435 |
registrar agency. | 4436 |
(D)(1) With the approval of the director, the registrar shall | 4441 |
adopt rules governing the terms of the contract between the | 4442 |
registrar and each deputy registrar and specifications for the | 4443 |
services to be performed. The rules shall include specifications | 4444 |
relating to the amount of bond to be given as provided in this | 4445 |
section; the size and location of the deputy's office; and the | 4446 |
leasing of equipment necessary to conduct the vision screenings | 4447 |
required under section 4507.12 of the Revised Code and training in | 4448 |
the use of the equipment. The specifications shall permit and | 4449 |
encourage every deputy registrar to inform the public of the | 4450 |
location of the deputy registrar's office and hours of operation | 4451 |
by means of public service announcements and allow any deputy | 4452 |
registrar to advertise in regard to the operation of the deputy | 4453 |
registrar's office. The rules also shall include specifications | 4454 |
for the hours the deputy's office is to be open to the public and | 4455 |
shall require as a minimum that one deputy's office in each county | 4456 |
be open to the public for at least four hours each weekend, | 4457 |
provided that if only one deputy's office is located within the | 4458 |
boundary of the county seat, that office is the office that shall | 4459 |
be open for the four-hour period each weekend, and that every | 4460 |
deputy's office in each county shall be open to the public until | 4461 |
six-thirty p.m. on at least one weeknight each week. The rules | 4462 |
also shall include specifications providing that every deputy in | 4463 |
each county, upon request, provide any person with information | 4464 |
about the location and office hours of all deputy registrars in | 4465 |
the county and that every deputy prominently display within the | 4466 |
deputy's office, the toll-free telephone number of the bureau. The | 4467 |
rules shall not prohibit the award of a deputy registrar contract | 4468 |
to a nonprofit corporation formed under the laws of this state. | 4469 |
The rules shall prohibit any deputy registrar from operating more | 4470 |
than one such office at any time, except that the rules may permit | 4471 |
a nonprofit corporation formed for the purposes of providing | 4472 |
automobile-related services to its members or the public and that | 4473 |
provides such services from more than one location in this state | 4474 |
to operate a deputy registrar office at any such location, | 4475 |
provided that the nonprofit corporation operates no more than one | 4476 |
deputy registrar office in any one county. The rules may include | 4477 |
such other specifications as the registrar and director consider | 4478 |
necessary to provide a high level of service. | 4479 |
The rules shall establish procedures for a deputy registrar | 4480 |
who requests such authority to collect reinstatement fees under | 4481 |
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, | 4482 |
4510.72, and 4511.191 of the Revised Code and to transmit the | 4483 |
reinstatement fees and two dollars of the service fee collected | 4484 |
under those sections. The registrar shall ensure that, not later | 4485 |
than January 1, 2012, at least one deputy registrar in each county | 4486 |
has the necessary equipment and is able to accept reinstatement | 4487 |
fees. The registrar shall deposit the service fees received from a | 4488 |
deputy registrar under those sections into the state bureau of | 4489 |
motor vehicles fund created in section 4501.25 of the Revised Code | 4490 |
and shall use the money for deputy registrar equipment necessary | 4491 |
in connection with accepting reinstatement fees. | 4492 |
(E) Unless otherwise terminated and except for interim | 4511 |
contracts of less than one year, contracts with deputy registrars | 4512 |
shall be for a term of at least two years, but no more than three | 4513 |
years, and all contracts effective on or after July 1, 1996, shall | 4514 |
be for a term of more than two years, but not more than three | 4515 |
years. All contracts with deputy registrars shall expire on the | 4516 |
last Saturday of June in the year of their expiration. The auditor | 4517 |
of state may examine the accounts, reports, systems, and other | 4518 |
data of each deputy registrar at least every two years. The | 4519 |
registrar, with the approval of the director, shall immediately | 4520 |
remove a deputy who violates any provision of the Revised Code | 4521 |
related to the duties as a deputy, any rule adopted by the | 4522 |
registrar, or a term of the deputy's contract with the registrar. | 4523 |
The registrar also may remove a deputy who, in the opinion of the | 4524 |
registrar, has engaged in any conduct that is either unbecoming to | 4525 |
one representing this state or is inconsistent with the efficient | 4526 |
operation of the deputy's office. | 4527 |
If the registrar, with the approval of the director, | 4528 |
determines that there is good cause to believe that a deputy | 4529 |
registrar or a person proposing for a deputy registrar contract | 4530 |
has engaged in any conduct that would require the denial or | 4531 |
termination of the deputy registrar contract, the registrar may | 4532 |
require the production of books, records, and papers as the | 4533 |
registrar determines are necessary, and may take the depositions | 4534 |
of witnesses residing within or outside the state in the same | 4535 |
manner as is prescribed by law for the taking of depositions in | 4536 |
civil actions in the court of common pleas, and for that purpose | 4537 |
the registrar may issue a subpoena for any witness or a subpoena | 4538 |
duces tecum to compel the production of any books, records, or | 4539 |
papers, directed to the sheriff of the county where the witness | 4540 |
resides or is found. Such a subpoena shall be served and returned | 4541 |
in the same manner as a subpoena in a criminal case is served and | 4542 |
returned. The fees of the sheriff shall be the same as that | 4543 |
allowed in the court of common pleas in criminal cases. Witnesses | 4544 |
shall be paid the fees and mileage provided for under section | 4545 |
119.094 of the Revised Code. The fees and mileage shall be paid | 4546 |
from the fund in the state treasury for the use of the agency in | 4547 |
the same manner as other expenses of the agency are paid. | 4548 |
In any case of disobedience or neglect of any subpoena served | 4549 |
on any person or the refusal of any witness to testify to any | 4550 |
matter regarding which the witness lawfully may be interrogated, | 4551 |
the court of common pleas of any county where the disobedience, | 4552 |
neglect, or refusal occurs or any judge of that court, on | 4553 |
application by the registrar, shall compel obedience by attachment | 4554 |
proceedings for contempt, as in the case of disobedience of the | 4555 |
requirements of a subpoena issued from that court, or a refusal to | 4556 |
testify in that court. | 4557 |
(F) Except as provided in section 2743.03 of the Revised | 4562 |
Code, no court, other than the court of common pleas of Franklin | 4563 |
county, has jurisdiction of any action against the department of | 4564 |
public safety, the director, the bureau, or the registrar to | 4565 |
restrain the exercise of any power or authority, or to entertain | 4566 |
any action for declaratory judgment, in the selection and | 4567 |
appointment of, or contracting with, deputy registrars. Neither | 4568 |
the department, the director, the bureau, nor the registrar is | 4569 |
liable in any action at law for damages sustained by any person | 4570 |
because of any acts of the department, the director, the bureau, | 4571 |
or the registrar, or of any employee of the department or bureau, | 4572 |
in the performance of official duties in the selection and | 4573 |
appointment of, and contracting with, deputy registrars. | 4574 |
(G) The registrar shall assign to each deputy registrar a | 4575 |
series of numbers sufficient to supply the demand at all times in | 4576 |
the area the deputy registrar serves, and the registrar shall keep | 4577 |
a record in the registrar's office of the numbers within the | 4578 |
series assigned. Each deputy shall be required to give bond in the | 4579 |
amount of at least twenty-five thousand dollars, or in such higher | 4580 |
amount as the registrar determines necessary, based on a uniform | 4581 |
schedule of bond amounts established by the registrar and | 4582 |
determined by the volume of registrations handled by the deputy. | 4583 |
The form of the bond shall be prescribed by the registrar. The | 4584 |
bonds required of deputy registrars, in the discretion of the | 4585 |
registrar, may be individual or schedule bonds or may be included | 4586 |
in any blanket bond coverage carried by the department. | 4587 |
(a) The applicant's name, date of birth, social security | 4607 |
number if such has been assigned, sex, general description, | 4608 |
including height, weight, color of hair, and eyes, residence | 4609 |
address, including county of residence, duration of residence in | 4610 |
this state, and country of citizenship; | 4611 |
(b) Whether the applicant previously has been licensed as an | 4612 |
operator, chauffeur, driver, commercial driver, or motorcycle | 4613 |
operator and, if so, when, by what state, and whether such license | 4614 |
is suspended or canceled at the present time and, if so, the date | 4615 |
of and reason for the suspension or cancellation; | 4616 |
(f) Whether the applicant has executed a valid durable power | 4632 |
of attorney for health care pursuant to sections 1337.11 to | 4633 |
1337.17 of the Revised Code or has executed a declaration | 4634 |
governing the use or continuation, or the withholding or | 4635 |
withdrawal, of life-sustaining treatment pursuant to sections | 4636 |
2133.01 to 2133.15 of the Revised Code and, if the applicant has | 4637 |
executed either type of instrument, whether the applicant wishes | 4638 |
the applicant's license to indicate that the applicant has | 4639 |
executed the instrument; | 4640 |
(g) On and after October 7, 2009, whether the applicant is a | 4641 |
veteran, active duty, or reservist of the armed forces of the | 4642 |
United States and, if the applicant is such, whether the applicant | 4643 |
wishes the applicant's license to indicate that the applicant is a | 4644 |
veteran, active duty, or reservist of the armed forces of the | 4645 |
United States by a military designation on the license. | 4646 |
(B) The registrar or a deputy registrar, in accordance with | 4651 |
section 3503.11 of the Revised Code, shall register or preregister | 4652 |
as an elector any person who applies for a driver's license or | 4653 |
motorcycle operator's license or endorsement under division (A) of | 4654 |
this section, or for a renewal or duplicate of the license or | 4655 |
endorsement, if the applicant is eligible and wishes to be | 4656 |
registered or preregistered as an elector. The decision of an | 4657 |
applicant whether to register or preregister as an elector shall | 4658 |
be given no consideration in the decision of whether to issue the | 4659 |
applicant a license or endorsement, or a renewal or duplicate. | 4660 |
(C) The registrar or a deputy registrar, in accordance with | 4661 |
section 3503.11 of the Revised Code, shall offer the opportunity | 4662 |
of completing a notice of change of residence or change of name to | 4663 |
any applicant for a driver's license or endorsement under division | 4664 |
(A) of this section, or for a renewal or duplicate of the license | 4665 |
or endorsement, if the applicant is a registered elector or | 4666 |
preregistered person who has changed the applicant's residence or | 4667 |
name and has not filed such a notice. | 4668 |
(D) In addition to any other information it contains, on and | 4669 |
after October 7, 2009, the approved form furnished by the | 4670 |
registrar of motor vehicles for an application for a driver's | 4671 |
license or motorcycle operator's license or endorsement or an | 4672 |
application for a duplicate of any such license or endorsement | 4673 |
shall inform applicants that the applicant must present a copy of | 4674 |
the applicant's DD-214 or an equivalent document in order to | 4675 |
qualify to have the license or duplicate indicate that the | 4676 |
applicant is a veteran, active duty, or reservist of the armed | 4677 |
forces of the United States based on a request made pursuant to | 4678 |
division (A)(1)(g) of this section. | 4679 |
Sec. 4507.51. (A)(1) Every application for an identification | 4680 |
card or duplicate shall be made on a form furnished by the | 4681 |
registrar of motor vehicles, shall be signed by the applicant, and | 4682 |
by the applicant's parent or guardian if the applicant is under | 4683 |
eighteen years of age, and shall contain the following information | 4684 |
pertaining to the applicant: name, date of birth, sex, general | 4685 |
description including the applicant's height, weight, hair color, | 4686 |
and eye color, address, and social security number. The | 4687 |
application also shall state whether an applicant wishes to | 4688 |
certify willingness to make an anatomical gift under section | 4689 |
2108.05 of the Revised Code and shall include information about | 4690 |
the requirements of sections 2108.01 to 2108.29 of the Revised | 4691 |
Code that apply to persons who are less than eighteen years of | 4692 |
age. The statement regarding willingness to make such a donation | 4693 |
shall be given no consideration in the decision of whether to | 4694 |
issue an identification card. Each applicant shall be photographed | 4695 |
in color at the time of making application. | 4696 |
(2)(a) The application also shall state whether the applicant | 4697 |
has executed a valid durable power of attorney for health care | 4698 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 4699 |
executed a declaration governing the use or continuation, or the | 4700 |
withholding or withdrawal, of life-sustaining treatment pursuant | 4701 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 4702 |
applicant has executed either type of instrument, whether the | 4703 |
applicant wishes the identification card issued to indicate that | 4704 |
the applicant has executed the instrument. | 4705 |
(b) On and after October 7, 2009, the application also shall | 4706 |
state whether the applicant is a veteran, active duty, or | 4707 |
reservist of the armed forces of the United States and, if the | 4708 |
applicant is such, whether the applicant wishes the identification | 4709 |
card issued to indicate that the applicant is a veteran, active | 4710 |
duty, or reservist of the armed forces of the United States by a | 4711 |
military designation on the identification card. | 4712 |
(3) The registrar or deputy registrar, in accordance with | 4713 |
section 3503.11 of the Revised Code, shall register or preregister | 4714 |
as an elector any person who applies for an identification card or | 4715 |
duplicate if the applicant is eligible and wishes to be registered | 4716 |
or preregistered as an elector. The decision of an applicant | 4717 |
whether to register or preregister as an elector shall be given no | 4718 |
consideration in the decision of whether to issue the applicant an | 4719 |
identification card or duplicate. | 4720 |
(B) The application for an identification card or duplicate | 4721 |
shall be filed in the office of the registrar or deputy registrar. | 4722 |
Each applicant shall present documentary evidence as required by | 4723 |
the registrar of the applicant's age and identity, and the | 4724 |
applicant shall swear that all information given is true. An | 4725 |
identification card issued by the department of rehabilitation and | 4726 |
correction under section 5120.59 of the Revised Code or an | 4727 |
identification card issued by the department of youth services | 4728 |
under section 5139.511 of the Revised Code shall be sufficient | 4729 |
documentary evidence under this division upon verification of the | 4730 |
applicant's social security number by the registrar or a deputy | 4731 |
registrar. Upon issuing an identification card under this section | 4732 |
for a person who has been issued an identification card under | 4733 |
section 5120.59 or section 5139.511 of the Revised Code, the | 4734 |
registrar or deputy registrar shall destroy the identification | 4735 |
card issued under section 5120.59 or section 5139.511 of the | 4736 |
Revised Code. | 4737 |
(C) In addition to any other information it contains, on and | 4745 |
after the date that is fifteen months after April 7, 2009, the | 4746 |
form furnished by the registrar of motor vehicles for an | 4747 |
application for an identification card or duplicate shall inform | 4748 |
applicants that the applicant must present a copy of the | 4749 |
applicant's DD-214 or an equivalent document in order to qualify | 4750 |
to have the card or duplicate indicate that the applicant is an | 4751 |
honorably discharged veteran of the armed forces of the United | 4752 |
States based on a request made pursuant to division (A)(2)(b) of | 4753 |
this section. | 4754 |
(6) Enter into interagency agreements and cooperate with | 4773 |
investigations conducted by the department of public safety, | 4774 |
including providing information for investigative purposes, | 4775 |
exchanging property and records, passing through federal financial | 4776 |
participation, modifying any agreements with the United States | 4777 |
department of agriculture, providing for the supply, security, and | 4778 |
accounting of supplemental nutrition assistance program benefits | 4779 |
for investigative purposes, and meeting any other requirements | 4780 |
necessary for the detection and deterrence of illegal activities | 4781 |
in the supplemental nutrition assistance program; | 4782 |
(7) Adopt rules in accordance with Chapter 119. of the | 4783 |
Revised Code governing employment and training requirements of | 4784 |
recipients of supplemental nutrition assistance program benefits, | 4785 |
including rules specifying which recipients are subject to the | 4786 |
requirements and establishing sanctions for failure to satisfy the | 4787 |
requirements. The rules shall be consistent with 7 U.S.C. 2015 | 4788 |
and, to the extent practicable, may provide for the recipients to | 4789 |
participate in work activities, developmental activities, and | 4790 |
alternative work activities established under sections 5107.40 to | 4791 |
5107.69 of the Revised Code that are comparable to programs | 4792 |
authorized by 7 U.S.C. 2015(d)(4). The rules may reference rules | 4793 |
adopted under section 5107.05 of the Revised Code governing work | 4794 |
activities, developmental activities, and alternative work | 4795 |
activities established under sections 5107.40 to 5107.69 of the | 4796 |
Revised Code. | 4797 |
(B) A household that is entitled to receive supplemental | 4826 |
nutrition assistance program benefits and that is determined to be | 4827 |
in immediate need of nutrition assistance, shall receive | 4828 |
certification of eligibility for program benefits, pending | 4829 |
verification, within twenty-four hours, or, if mitigating | 4830 |
circumstances occur, within seventy-two hours, after application, | 4831 |
if: | 4832 |
Sec. 5115.05. (A) The director of job and family services | 4862 |
shall adopt rules in accordance with section 111.15 of the Revised | 4863 |
Code establishing application and verification procedures, | 4864 |
reapplication procedures, and other requirements the director | 4865 |
considers necessary in the administration of the application | 4866 |
process for disability financial assistance. The rules may require | 4867 |
recipients of disability financial assistance to participate in a | 4868 |
reapplication process two months after initial approval for | 4869 |
assistance has been determined and at such other times as | 4870 |
specified in the rules. | 4871 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 4885 |
of indebtedness, donation, advance, payment, transfer of funds or | 4886 |
transfer of anything of value including a transfer of funds from | 4887 |
an inter vivos or testamentary trust or decedent's estate, and the | 4888 |
payment by any person other than the person to whom the services | 4889 |
are rendered for the personal services of another person, which | 4890 |
contribution is made, received, or used for the purpose of | 4891 |
influencing the results of an election to the state highway patrol | 4892 |
retirement board under section 5505.041 or 5505.042 of the Revised | 4893 |
Code or the results of an election to fill a vacancy on the board | 4894 |
pursuant to section 5505.042 of the Revised Code. "Contribution" | 4895 |
does not include: | 4896 |
(6) "Independent expenditure" means an expenditure by an | 4918 |
individual, partnership, or other entity advocating the election | 4919 |
or defeat of an identified candidate or candidates, that is not | 4920 |
made with the consent of, in coordination, cooperation, or | 4921 |
consultation with, or at the request or suggestion of any | 4922 |
candidate or candidates or of the campaign committee or agent of | 4923 |
the candidate or candidates. An independent expenditure shall not | 4924 |
be construed as being a contribution. As used in division (A)(6) | 4925 |
of this section: | 4926 |
(c) "Made in coordination, cooperation, or consultation with, | 4933 |
or at the request or suggestion of, any candidate or the campaign | 4934 |
committee or agent of the candidate" means made pursuant to any | 4935 |
arrangement, coordination, or direction by the candidate, the | 4936 |
candidate's campaign committee, or the candidate's agent prior to | 4937 |
the publication, distribution, display, or broadcast of the | 4938 |
communication. An expenditure is presumed to be so made when it is | 4939 |
any of the following: | 4940 |
(7) "In-kind contribution" means anything of value other than | 4960 |
money that is used to influence the results of an election to the | 4961 |
state highway patrol retirement board under section 5505.041 or | 4962 |
5505.042 of the Revised Code or the results of an election to fill | 4963 |
a vacancy on the board pursuant to section 5505.042 of the Revised | 4964 |
Code or is transferred to or used in support of or in opposition | 4965 |
to a candidate and that is made with the consent of, in | 4966 |
coordination, cooperation, or consultation with, or at the request | 4967 |
or suggestion of the benefited candidate. The financing of the | 4968 |
dissemination, distribution, or republication, in whole or in | 4969 |
part, of any broadcast or of any written, graphic, or other form | 4970 |
of campaign materials prepared by the candidate, the candidate's | 4971 |
campaign committee, or their authorized agents is an in-kind | 4972 |
contribution to the candidate and an expenditure by the candidate. | 4973 |
(B) Except as otherwise provided in division (D) of this | 4977 |
section, each candidate who, or whose campaign committee, receives | 4978 |
contributions or in-kind contributions totaling one thousand | 4979 |
dollars or more or has expenditures totaling one thousand dollars | 4980 |
or more in connection with the candidate's efforts to be elected | 4981 |
to the state highway patrol retirement board shall file with the | 4982 |
secretary of state two complete, accurate, and itemized statements | 4983 |
setting forth in detail the contributions, in-kind contributions, | 4984 |
and expenditures. The statements shall be filed regardless of | 4985 |
whether an election is held or, pursuant to section 5505.043 of | 4986 |
the Revised Code, an election is not held. The statements shall be | 4987 |
made on a form prescribed under section 111.30 of the Revised | 4988 |
Code. Every expenditure shall be vouched for by a receipted bill, | 4989 |
stating the purpose of the expenditures, that shall be filed with | 4990 |
the statement; a canceled check with a notation of the purpose of | 4991 |
the expenditure is a receipted bill for purposes of this division. | 4992 |
The first statement shall be filed not later than four p.m. | 4993 |
on the day that is twelve days before election day. The second | 4994 |
statement shall be filed not sooner than the day that is eight | 4995 |
days after election day and not later than thirty-eight days after | 4996 |
election day. The first statement shall reflect contributions and | 4997 |
in-kind contributions received and expenditures made to the close | 4998 |
of business on the twentieth day before election day. The second | 4999 |
statement shall reflect contributions and in-kind contributions | 5000 |
received and expenditures made during the period beginning on the | 5001 |
nineteenth day before election day and ending on the close of | 5002 |
business on the seventh day after election day. | 5003 |
(C) Each individual, partnership, or other entity who makes | 5004 |
an independent expenditure in connection with the candidate's | 5005 |
efforts to be elected to the state highway patrol retirement board | 5006 |
shall file with the secretary of state two complete, accurate, and | 5007 |
itemized statements setting forth in detail the independent | 5008 |
expenditures. The statements shall be filed regardless of whether | 5009 |
an election is held or, pursuant to section 5505.043 of the | 5010 |
Revised Code, an election is not held. The statements shall be | 5011 |
made on a form prescribed under section 111.30 of the Revised | 5012 |
Code. | 5013 |
The first statement shall be filed not later than four p.m. | 5014 |
on the day that is twelve days before election day. The second | 5015 |
statement shall be filed not sooner than the day that is eight | 5016 |
days after election day and not later than thirty-eight days after | 5017 |
election day. The first statement shall reflect independent | 5018 |
expenditures made to the close of business on the twentieth day | 5019 |
before election day. The second statement shall reflect | 5020 |
independent expenditures made during the period beginning on the | 5021 |
nineteenth day before election day and ending on the close of | 5022 |
business on the seventh day after election day. | 5023 |
(D) Each candidate who, or whose campaign committee, receives | 5024 |
a contribution or in-kind contribution or makes an expenditure in | 5025 |
connection with the candidate's efforts to be elected to fill a | 5026 |
vacancy in the public employees retirement board pursuant to | 5027 |
section 5505.042 of the Revised Code shall file with the secretary | 5028 |
of state a complete, accurate, and itemized statement setting | 5029 |
forth in detail the contributions, in-kind contributions, and | 5030 |
expenditures. The statement shall be made on a form prescribed | 5031 |
under section 111.30 of the Revised Code. Every expenditure shall | 5032 |
be vouched for by a receipted bill, stating the purpose of the | 5033 |
expenditures, that shall be filed with the statement; a canceled | 5034 |
check with a notation of the purpose of the expenditure is a | 5035 |
receipted bill for purposes of this division. | 5036 |
Section 2. That existing sections 111.29, 145.053, 329.051, | 5042 |
742.042, 2961.01, 2967.17, 3307.072, 3309.072, 3313.77, 3501.01, | 5043 |
3501.011, 3501.012, 3501.04, 3501.05, 3501.11, 3501.13, 3501.18, | 5044 |
3501.30, 3501.31, 3501.33, 3501.90, 3503.02, 3503.07, 3503.09, | 5045 |
3503.10, 3503.11, 3503.111, 3503.12, 3503.13, 3503.14, 3503.15, | 5046 |
3503.16, 3503.17, 3503.18, 3503.19, 3503.191, 3503.21, 3503.24, | 5047 |
3503.25, 3503.26, 3503.28, 3503.30, 3503.33, 3505.20, 3517.01, | 5048 |
3517.08, 3517.1013, 3517.18, 3599.02, 3599.11, 3599.161, 3599.18, | 5049 |
3599.26, 3599.31, 4501.023, 4503.03, 4507.06, 4507.51, 5101.54, | 5050 |
5115.05, and 5505.044 and sections 3503.29 and 3599.111 of the | 5051 |
Revised Code are hereby repealed. | 5052 |
(a) The applicant's name, date of birth, social security | 5063 |
number if such has been assigned, sex, general description, | 5064 |
including height, weight, color of hair, and eyes, residence | 5065 |
address, including county of residence, duration of residence in | 5066 |
this state, and country of citizenship; | 5067 |
(b) Whether the applicant previously has been licensed as an | 5068 |
operator, chauffeur, driver, commercial driver, or motorcycle | 5069 |
operator and, if so, when, by what state, and whether such license | 5070 |
is suspended or canceled at the present time and, if so, the date | 5071 |
of and reason for the suspension or cancellation; | 5072 |
(f) Whether the applicant has executed a valid durable power | 5089 |
of attorney for health care pursuant to sections 1337.11 to | 5090 |
1337.17 of the Revised Code or has executed a declaration | 5091 |
governing the use or continuation, or the withholding or | 5092 |
withdrawal, of life-sustaining treatment pursuant to sections | 5093 |
2133.01 to 2133.15 of the Revised Code and, if the applicant has | 5094 |
executed either type of instrument, whether the applicant wishes | 5095 |
the applicant's license to indicate that the applicant has | 5096 |
executed the instrument; | 5097 |
(g) On and after October 7, 2009, whether the applicant is a | 5098 |
veteran, active duty, or reservist of the armed forces of the | 5099 |
United States and, if the applicant is such, whether the applicant | 5100 |
wishes the applicant's license to indicate that the applicant is a | 5101 |
veteran, active duty, or reservist of the armed forces of the | 5102 |
United States by a military designation on the license. | 5103 |
(B) The registrar or a deputy registrar, in accordance with | 5108 |
section 3503.11 of the Revised Code, shall register or preregister | 5109 |
as an elector any person who applies for a license or endorsement | 5110 |
under division (A) of this section, or for a renewal or duplicate | 5111 |
of the license or endorsement, if the applicant is eligible and | 5112 |
wishes to be registered or preregistered as an elector. The | 5113 |
decision of an applicant whether to register or preregister as an | 5114 |
elector shall be given no consideration in the decision of whether | 5115 |
to issue the applicant a license or endorsement, or a renewal or | 5116 |
duplicate. | 5117 |
(C) The registrar or a deputy registrar, in accordance with | 5118 |
section 3503.11 of the Revised Code, shall offer the opportunity | 5119 |
of completing a notice of change of residence or change of name to | 5120 |
any applicant for a driver's license or endorsement under division | 5121 |
(A) of this section, or for a renewal or duplicate of the license | 5122 |
or endorsement, if the applicant is a registered elector or | 5123 |
preregistered person who has changed the applicant's residence or | 5124 |
name and has not filed such a notice. | 5125 |
(D) In addition to any other information it contains, on and | 5126 |
after October 7, 2009, the approved form furnished by the | 5127 |
registrar of motor vehicles for an application for a license or | 5128 |
endorsement or an application for a duplicate of any such license | 5129 |
or endorsement shall inform applicants that the applicant must | 5130 |
present a copy of the applicant's DD-214 or an equivalent document | 5131 |
in order to qualify to have the license or duplicate indicate that | 5132 |
the applicant is a veteran, active duty, or reservist of the armed | 5133 |
forces of the United States based on a request made pursuant to | 5134 |
division (A)(1)(g) of this section. | 5135 |