S. B. No. 175 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 175

Senator LaRose

Cosponsors: Senators Jones, Seitz, Lehner

A BILL

To amend sections 3503.14, 3503.15, 3503.18, and

3503.21 and to enact sections 3503.05, 3503.20,

3503.22, and 3509.031 of the Revised Code to

revise the law concerning voter registration and

requests for absent voter's ballots.

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

Section 1. That sections 3503.14, 3503.15, 3503.18, and	6
3503.21 be amended and sections 3503.05, 3503.20, 3503.22, and	7
3509.031 of the Revised Code be enacted to read as follows:	8

Sec. 3503.05. The secretary of state shall establish, by	9
rule, a uniform process for notifying individuals who have	10
submitted an incomplete voter registration application of the	11
incomplete status of that application. The process shall permit	12
such an individual to provide any information required to complete	13
the application.	14

Sec. 3503.14. (A) The secretary of state shall prescribe the	15
form and content of the registration, change of residence, and	16
change of name forms used in this state. The forms shall meet the	17
requirements of the National Voter Registration Act of 1993 and	18
shall include spaces for all of the following:	19

(1) The voter's name;

(2) The voter's address;

(3) The current date;

(4) The voter's date of birth;

(5) The voter to provide one or more of the following:

(a) The voter's driver's license number, if any;

(b) The last four digits of the voter's social security	26
number, if any;	27

(c) A copy of a current and valid photo identification, a	28
copy of a military identification, or a copy of a current utility	29
bill, bank statement, government check, paycheck, or other	30
government document, other than a notice of voter registration	31
mailed by a board of elections under section 3503.19 of the	32
Revised Code, that shows the voter's name and address.	33

(6) The voter's signature.

The registration form shall include a space on which the	35
person registering an applicant shall sign the person's name and	36
provide the person's address and a space on which the person	37
registering an applicant shall name the employer who is employing	38
that person to register the applicant.	39

Except for forms prescribed by the secretary of state under	40
section 3503.11 of the Revised Code, the secretary of state shall	41
permit boards of elections to produce forms that have subdivided	42
spaces for each individual alphanumeric character of the	43
information provided by the voter so as to accommodate the	44
electronic reading and conversion of the voter's information to	45
data and the subsequent electronic transfer of that data to the	46
statewide voter registration database established under section	47
3503.15 of the Revised Code.	48

(B) None of the following persons who are registering an	49
applicant in the course of that official's or employee's normal	50
duties shall sign the person's name, provide the person's address,	51
or name the employer who is employing the person to register an	52
applicant on a form prepared under this section:	53

(1) An election official;

(2) A county treasurer;

(3) A deputy registrar of motor vehicles;

(4) An employee of a designated agency;

(5) An employee of a public high school;

(6) An employee of a public vocational school;

(7) An employee of a public library;

(8) An employee of the office of a county treasurer;

(9) An employee of the bureau of motor vehicles;

(10) An employee of a deputy registrar of motor vehicles;

(11) An employee of an election official.

(C) Except as provided in section 3501.382 of the Revised	65
Code, any applicant who is unable to sign the applicant's own name	66
shall make an "X," if possible, which shall be certified by the	67
signing of the name of the applicant by the person filling out the	68
form, who shall add the person's own signature. If an applicant is	69
unable to make an "X," the applicant shall indicate in some manner	70
that the applicant desires to register to vote or to change the	71
applicant's name or residence. The person registering the	72
applicant shall sign the form and attest that the applicant	73
indicated that the applicant desired to register to vote or to	74
change the applicant's name or residence.	75

(D) No registration, change of residence, or change of name	76
form shall be rejected solely on the basis that a person	77
registering an applicant failed to sign the person's name or	78
failed to name the employer who is employing that person to	79
register the applicant as required under division (A) of this	80
section.	81

(E) A voter registration application submitted online through	82
the internet pursuant to section 3503.20 of the Revised Code is	83
not required to contain a signature to be considered valid. The	84
signature obtained under division (B) of that section shall be	85
considered the applicant's signature for all election and	86
signature-matching purposes.	87

(F) As used in this section, "registering an applicant"	88
includes any effort, for compensation, to provide voter	89
registration forms or to assist persons in completing or returning	90
those forms.	91

Sec. 3503.15. (A)(1) The secretary of state shall establish	92
and maintain a statewide voter registration database that shall be	93
administered by the office of the secretary of state and made	94
continuously available to each board of elections and to other	95
agencies as authorized by law.	96

(2)(a) State agencies, including, but not limited to, the	97
department of health, bureau of motor vehicles, department of job	98
and family services, and the department of rehabilitation and	99
corrections, shall provide any information and data to the	100
secretary of state that the secretary of state considers necessary	101
in order to maintain the statewide voter registration database	102
established pursuant to this section, except where prohibited by	103
federal law or regulation. The secretary of state shall ensure	104
that any information or data provided to the secretary of state	105
that is confidential in the possession of the entity providing the	106
data remains confidential while in the possession of the secretary	107
of state.	108

(b) Information provided under this division for maintenance	109
of the statewide voter registration database shall not be used to	110
update the name or address of a registered elector. The name or	111
address of a registered elector shall only be updated as a result	112
of the elector's actions in filing a notice of change of name,	113
change of address, or both.	114

(c) A board of elections shall contact a registered elector	115
pursuant to the rules adopted under division (D)(6) of this	116
section to verify the accuracy of the information in the statewide	117
voter registration database regarding that elector if that	118
information does not conform with information provided under	119
division (A)(2)(a) of this section and the discrepancy would	120
affect the elector's eligibility to vote.	121

(3) The secretary of state shall enter into agreements to	122
share information or data with other states or groups of states,	123
as the secretary of state considers necessary, in order to	124
maintain the statewide voter registration database established	125
pursuant to this section. Except as otherwise provided in this	126
division, the secretary of state shall ensure that any information	127
or data provided to the secretary of state that is confidential in	128
the possession of the state providing the data remains	129
confidential while in the possession of the secretary of state.	130
The secretary of state may provide such otherwise confidential	131
information or data to persons or organizations that are engaging	132
in legitimate governmental purposes related to the maintenance of	133
the statewide voter registration database.	134

(B) The statewide voter registration database established	135
under this section shall be the official list of registered voters	136
for all elections conducted in this state.	137

(C) The statewide voter registration database established	138
under this section shall, at a minimum, include all of the	139
following:	140

(1) An electronic network that connects all board of	141
elections offices with the office of the secretary of state and	142
with the offices of all other boards of elections;	143

(2) A computer program that harmonizes the records contained	144
in the database with records maintained by each board of	145
elections;	146

(3) An interactive computer program that allows access to the	147
records contained in the database by each board of elections and	148
by any persons authorized by the secretary of state to add,	149
delete, modify, or print database records, and to conduct updates	150
of the database;	151

(4) A search program capable of verifying registered voters	152
and their registration information by name, driver's license	153
number, birth date, social security number, or current address;	154

(5) Safeguards and components to ensure that the integrity,	155
security, and confidentiality of the voter registration	156
information is maintained;	157

(6) Methods to retain canceled voter registration records and	158
to record the reason for their cancellation.	159

(D) The secretary of state shall adopt rules pursuant to	160
Chapter 119. of the Revised Code doing all of the following:	161

(1) Specifying the manner in which existing voter	162
registration records maintained by boards of elections shall be	163
converted to electronic files for inclusion in the statewide voter	164
registration database;	165

(2) Establishing a uniform method for entering voter	166
registration records into the statewide voter registration	167
database on an expedited basis, but not less than once per day, if	168
new registration information is received;	169

(3) Establishing a uniform method for purging canceled voter	170
registration records from the statewide voter registration	171
database in accordance with section 3503.21 of the Revised Code;	172

(4) Specifying the persons authorized to add, delete, modify,	173
or print records contained in the statewide voter registration	174
database and to make updates of that database;	175

(5) Establishing a process for annually auditing the	176
information contained in the statewide voter registration	177
database;	178

(6) Establishing a uniform method for addressing instances in	179
which records contained in the statewide voter registration	180
database do not conform with records maintained by an agency	181
described in division (A)(2)(a) of this section.	182

(E) A board of elections promptly shall purge a voter's name	183
and voter registration information from the statewide voter	184
registration database in accordance with the rules adopted by the	185
secretary of state under division (D)(3) of this section after the	186
cancellation of a voter's registration under section 3503.21 of	187
the Revised Code.	188

(F) The secretary of state shall provide training in the	189
operation of the statewide voter registration database to each	190
board of elections and to any persons authorized by the secretary	191
of state to add, delete, modify, or print database records, and to	192
conduct updates of the database.	193

(G)(1) The statewide voter registration database established	194
under this section shall be made available on a web site of the	195
office of the secretary of state as follows:	196

(a) Except as otherwise provided in division (G)(1)(b) of	197
this section, ~~only~~ the following information from the statewide	198
voter registration database regarding a registered voter shall be	199
made available on the web site:	200

(i) The voter's name;

201

(ii) The voter's address;

202

(iii) The voter's precinct number;

203

(iv) The voter's voting history.

204

(b) During the thirty days before the day of a primary or	205
general election, the web site interface of the statewide voter	206
registration database shall permit a voter to search for the	207
polling location at which that voter may cast a ballot.	208

(2) The secretary of state shall establish, by rule adopted	209
under Chapter 119. of the Revised Code, a process for boards of	210
elections to notify the secretary of state of changes in the	211
locations of precinct polling places for the purpose of updating	212
the information made available on the secretary of state's web	213
site under division (G)(1)(b) of this section. Those rules shall	214
require a board of elections, during the thirty days before the	215
day of a primary or general election, to notify the secretary of	216
state within one business day of any change to the location of a	217
precinct polling place within the county.	218

(3) During the thirty days before the day of a primary or	219
general election, not later than one business day after receiving	220
a notification from a county pursuant to division (G)(2) of this	221
section that the location of a precinct polling place has changed,	222
the secretary of state shall update that information on the	223
secretary of state's web site for the purpose of division	224
(G)(1)(b) of this section.	225

Sec. 3503.18. (A)(1) The director of health shall file with	226
the secretary of state, at least once each month, the names,	227
social security numbers, dates of birth, dates of death, and	228
residences of all persons, over eighteen years of age, who have	229
died within this state or another state within such month.	230

(2) The secretary of state and the director of health shall	231
jointly establish a secure electronic system through which they	232
shall exchange the information described in division (A)(1) of	233
this section regarding the death of a registered elector.	234

(B) At least once each month, each probate judge in this	235
state shall file with the board of elections the names and	236
residence addresses of all persons over eighteen years of age who	237
have been adjudicated incompetent for the purpose of voting, as	238
provided in section 5122.301 of the Revised Code. At	239

(C) At least once each month the clerk of the court of common	240
pleas shall file with the board the names and residence addresses	241
of all persons who have been convicted during the previous month	242
of crimes that would disfranchise such persons under existing laws	243
of the state. Reports of conviction of crimes under the laws of	244
the United States that would disfranchise an elector and that are	245
provided to the secretary of state by any United States attorney	246
shall be forwarded by the secretary of state to the appropriate	247
board of elections.	248

(D) Upon receiving a report required by this section, the	249
board of elections shall promptly cancel the registration of each	250
elector named in the report in accordance with section 3503.21 of	251
the Revised Code. If the report contains a residence address of an	252
elector in a county other than the county in which the board of	253
elections is located, the director shall promptly send a copy of	254
the report to the appropriate board of elections, which shall	255
cancel the registration in accordance with that section.	256

Sec. 3503.20. (A) The secretary of state, by rule adopted	257
under Chapter 119. of the Revised Code, shall establish a secure	258
online process for voter registration. The rules shall provide for	259
all of the following:	260

(1) An applicant to submit a voter registration application	261
to the secretary of state online through the internet;	262

(2) The online applicant to be registered to vote, if all of	263
the following apply:	264

(a) The application contains all of the required information,	265
including the last four digits of the applicant's social security	266
number;	267

(b) The applicant is qualified to register to vote; and

268

(c) The applicant attests to the truth and accuracy of the	269
information submitted in the online application under penalty of	270
election falsification using the applicant's Ohio driver's license	271
number or the number of the applicant's Ohio identification card	272
as proof of the applicant's identity.	273

(B) If an individual registers to vote or a registered	274
elector updates the elector's name, address, or both under this	275
section, the secretary of state shall obtain an electronic copy of	276
the applicant's or elector's signature that is on file with the	277
bureau of motor vehicles. That electronic signature shall be used	278
as the applicant's or elector's signature on voter registration	279
records, for all election and signature-matching purposes.	280

(C) The secretary of state shall employ whatever security	281
measures the secretary considers necessary to ensure the integrity	282
and accuracy of voter registration information submitted	283
electronically pursuant to this section. Errors in processing	284
voter registration applications in the online system shall not	285
prevent an applicant from becoming registered or from voting.	286

(D) The online voter registration application established	287
under division (A) of this section shall include the following	288
language:	289

"By clicking the box below, I affirm all of the following	290
under penalty of election falsification, which is punishable by a	291
maximum sentence of imprisonment for twelve months and a fine of	292
$2,500:	293

(1) I am the person whose name and identifying information is	294
provided on this form, and I desire to register to vote, or update	295
my voter registration, in the State of Ohio.	296

(2) All of the information I have provided on this form is	297
true and correct as of the date I am submitting this form.	298

(3) I authorize the Bureau of Motor Vehicles to transmit to	299
the Ohio Secretary of State my signature that is on file with the	300
Bureau of Motor Vehicles, and I understand and agree that the	301
signature transmitted by the Bureau of Motor Vehicles will be used	302
by the Secretary of State to validate this electronic voter	303
registration application as if I had signed this form personally."	304

In order to register to vote or update a voter registration	305
under division (A) of this section, an applicant or elector shall	306
be required to mark the box in the online voter registration	307
application that appears in conjunction with the previous	308
statement.	309

(E) The online voter registration process established under	310
division (A) of this section shall be in operation and available	311
for use by individuals who wish to register to vote or update	312
their voter registration information online not later than the	313
first day of July occurring not fewer than one hundred twenty days	314
after the effective date of this section. During the period	315
beginning twenty-nine days before the day of an election and	316
ending on the day of the election, the online voter registration	317
system shall display a notice indicating that the applicant will	318
not be registered to vote for the purposes of that election.	319

Sec. 3503.21. (A) The registration of a registered elector	320
shall be canceled upon the occurrence of any of the following:	321

(1) The filing by a registered elector of a written request	322
with a board of elections, on a form prescribed by the secretary	323
of state and signed by the elector, that the registration be	324
canceled. The filing of such a request does not prohibit an	325
otherwise qualified elector from reregistering to vote at any	326
time.	327

(2) The filing of a notice of the death of a registered	328
elector as provided in section 3503.18 of the Revised Code;	329

(3) The filing with the board of elections of a certified	330
copy of the death certificate of a registered elector by the	331
deceased elector's spouse, parent, or child, by the administrator	332
of the deceased elector's estate, or by the executor of the	333
deceased elector's will;	334

(4) The conviction of the registered elector of a felony	335
under the laws of this state, any other state, or the United	336
States as provided in section 2961.01 of the Revised Code;	337

~~(3)~~(5) The adjudication of incompetency of the registered	338
elector for the purpose of voting as provided in section 5122.301	339
of the Revised Code;	340

~~(5)~~(6) The change of residence of the registered elector to a	341
location outside the county of registration in accordance with	342
division (B) of this section;	343

~~(6)~~(7) The failure of the registered elector, after having	344
been mailed a confirmation notice, to do either of the following:	345

(a) Respond to such a notice and vote at least once during a	346
period of four consecutive years, which period shall include two	347
general federal elections;	348

(b) Update the elector's registration and vote at least once	349
during a period of four consecutive years, which period shall	350
include two general federal elections.	351

(B)(1) The secretary of state shall prescribe procedures to	352
identify and cancel the registration in a prior county of	353
residence of any registrant who changes the registrant's voting	354
residence to a location outside the registrant's current county of	355
registration. Any procedures prescribed in this division shall be	356
uniform and nondiscriminatory, and shall comply with the Voting	357
Rights Act of 1965. The secretary of state may prescribe	358
procedures under this division that include the use of the	359
national change of address service provided by the United States	360
postal system through its licensees. Any program so prescribed	361
shall be completed not later than ninety days prior to the date of	362
any primary or general election for federal office.	363

(2) The registration of any elector identified as having	364
changed the elector's voting residence to a location outside the	365
elector's current county of registration shall not be canceled	366
unless the registrant is sent a confirmation notice on a form	367
prescribed by the secretary of state and the registrant fails to	368
respond to the confirmation notice or otherwise update the	369
registration and fails to vote in any election during the period	370
of two federal elections subsequent to the mailing of the	371
confirmation notice.	372

(C) The registration of a registered elector shall not be	373
canceled except as provided in this section, division (Q) of	374
section 3501.05 of the Revised Code, division (C)(2) of section	375
3503.19 of the Revised Code, or division (C) of section 3503.24 of	376
the Revised Code.	377

(D) Boards of elections shall send their voter registration	378
information to the secretary of state as required under section	379
3503.15 of the Revised Code. The secretary of state may prescribe	380
by rule adopted pursuant to section 111.15 of the Revised Code the	381
format in which the boards of elections must send that information	382
to the secretary of state. In the first quarter of each	383
~~odd-numbered~~ year, the secretary of state shall send the	384
information to the national change of address service described in	385
division (B) of this section and request that service to provide	386
the secretary of state with a list of any voters sent by the	387
secretary of state who have moved within the last ~~thirty-six~~	388
twelve months. The secretary of state shall transmit to each	389
appropriate board of elections whatever lists the secretary of	390
state receives from that service. The board shall send a notice to	391
each person on the list transmitted by the secretary of state	392
requesting confirmation of the person's change of address,	393
together with a postage prepaid, preaddressed return envelope	394
containing a form on which the voter may verify or correct the	395
change of address information.	396

(E) The registration of a registered elector described in	397
division (A)~~(6)~~(7) or (B)(2) of this section shall be canceled not	398
later than one hundred twenty days after the date of the second	399
general federal election in which the elector fails to vote or not	400
later than one hundred twenty days after the expiration of the	401
four-year period in which the elector fails to vote or respond to	402
a confirmation notice, whichever is later.	403

(F)(1) When a registration is canceled pursuant to division	404
(A)(2) or (3) of this section, the applicable board of elections	405
shall send a written notice, on a form prescribed by the secretary	406
of state, to the address at which the elector was registered,	407
informing the recipient that the elector's registration has been	408
canceled, of the reason for the cancellation, and that if the	409
cancellation was made in error, the elector may contact the board	410
of elections to correct the error.	411

(2) If an elector's registration is canceled pursuant to	412
division (A)(2) or (3) of this section in error, it shall be	413
restored and treated as though it were never canceled.	414

Sec. 3503.22. A board of elections may send an acknowledgment	415
notice as prescribed by the secretary of state to any registered	416
elector at any time to facilitate the maintenance and accuracy of	417
the statewide voter registration database.	418

Sec. 3509.031. (A) The secretary of state, by rule adopted	419
under Chapter 119. of the Revised Code, shall establish a secure	420
online process for applying to vote by absent voter's ballots. The	421
rules shall provide for all of the following:	422

(1) An elector to submit an application to vote by absent	423
voter's ballots online through the internet;	424

(2) The elector to be sent proper absent voter's ballots for	425
the applicable election, if all of the following apply:	426

(a) The application contains all of the required information;

427

(b) The elector is registered to vote and eligible to vote in	428
the election for which the elector is seeking absent voter's	429
ballots;	430

(c) The elector attests to the truth and accuracy of the	431
information submitted in the online application under penalty of	432
election falsification using the last four digits of the elector's	433
social security number and either the elector's Ohio driver's	434
license number or the elector's Ohio identification card number as	435
proof of the elector's identity.	436

(B) If an elector applies to vote by absent voter's ballots	437
under this section, the secretary of state shall obtain an	438
electronic copy of the elector's signature that is on file with	439
the statewide voter registration database. That electronic	440
signature shall be used as the elector's signature on the absent	441
voter's ballot application, for the purpose of matching the	442
signature with the elector's signature on the elector's voter	443
registration record.	444

(C) The secretary of state shall employ whatever security	445
measures the secretary considers necessary to ensure the integrity	446
and accuracy of information submitted electronically pursuant to	447
this section. Errors in processing applications for absent voter's	448
ballots in the online system shall not prevent an elector from	449
receiving absent voter's ballots.	450

(D) The online absent voter's ballot application established	451
under division (A) of this section shall include the following	452
language:	453

"By clicking the box below, I affirm all of the following	454
under penalty of election falsification, which is punishable by a	455
maximum sentence of imprisonment for twelve months and a fine of	456
$2,500:	457

(1) I am the person whose name and identifying information is	458
provided on this form, and I wish to receive an absent voter's	459
ballot for the specified election.	460

(2) All of the information I have provided on this form is	461
true and correct as of the date I am submitting this form.	462

(3) I authorize the Ohio Secretary of State to use my	463
signature that is on file with the statewide voter registration	464
database to validate this electronic absent voter's ballot	465
application as if I had signed this form personally."	466

In order to apply for absent voter's ballots under division	467
(A) of this section, an elector shall be required to mark the box	468
in the online absent voter's ballot application that appears in	469
conjunction with the previous statement.	470

(E) The online absent voter's ballot application process	471
shall inform the applicant that the board of elections must	472
receive the completed application not later than twelve noon of	473
the third day before the day of the election at which the ballots	474
are to be voted.	475

(F) The online absent voter's ballot application process	476
established under division (A) of this section shall be in	477
operation and available for use by individuals who wish to apply	478
to vote by absent voter's ballots not later than the first day of	479
July occurring not fewer than one hundred twenty days after the	480
effective date of this section.	481

Section 2. That existing sections 3503.14, 3503.15, 3503.18,	482
and 3503.21 of the Revised Code are hereby repealed.	483