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To amend sections 3503.15, 3503.18, and 3503.21 of | 1 |
the Revised Code to modify the law governing the | 2 |
statewide voter registration database. | 3 |
Section 1. That sections 3503.15, 3503.18, and 3503.21 of | 4 |
the Revised Code be amended to read as follows: | 5 |
Sec. 3503.15. (A)(1) The secretary of state shall establish | 6 |
and maintain a statewide voter registration database that shall be | 7 |
administered by the office of the secretary of state and made | 8 |
continuously available to each board of elections and to other | 9 |
agencies as authorized by law. | 10 |
(2)(a) State agencies, including, but not limited to, the | 11 |
department of health, bureau of motor vehicles, department of job | 12 |
and family services, and the department of rehabilitation and | 13 |
corrections, shall provide any information and data to the | 14 |
secretary of state that the secretary of state considers necessary | 15 |
in order to maintain the statewide voter registration database | 16 |
established pursuant to this section, except where prohibited by | 17 |
federal law or regulation. The secretary of state shall ensure | 18 |
that any information or data provided to the secretary of state | 19 |
that is confidential in the possession of the entity providing the | 20 |
data remains confidential while in the possession of the secretary | 21 |
of state. | 22 |
(b) Information provided under this division for maintenance | 23 |
of the statewide voter registration database shall not be used to | 24 |
update the name or address of a registered elector. The name or | 25 |
address of a registered elector shall only be updated as a result | 26 |
of the elector's actions in filing a notice of change of name, | 27 |
change of address, or both. | 28 |
(c) A board of elections shall contact a registered elector | 29 |
pursuant to the rules adopted under division (D)(6) of this | 30 |
section to verify the accuracy of the information in the statewide | 31 |
voter registration database regarding that elector if that | 32 |
information does not conform with information provided under | 33 |
division (A)(2)(a) of this section and the discrepancy would | 34 |
affect the elector's eligibility to vote. | 35 |
(3) The secretary of state shall enter into agreements to | 36 |
share information or data with other states or groups of states, | 37 |
as the secretary of state considers necessary, in order to | 38 |
maintain the statewide voter registration database established | 39 |
pursuant to this section. Except as otherwise provided in this | 40 |
division, the secretary of state shall ensure that any information | 41 |
or data provided to the secretary of state that is confidential in | 42 |
the possession of the state providing the data remains | 43 |
confidential while in the possession of the secretary of state. | 44 |
The secretary of state may provide such otherwise confidential | 45 |
information or data to persons or organizations that are engaging | 46 |
in legitimate governmental purposes related to the maintenance of | 47 |
the statewide voter registration database. | 48 |
(B) The statewide voter registration database established | 49 |
under this section shall be the official list of registered voters | 50 |
for all elections conducted in this state. | 51 |
(C) The statewide voter registration database established | 52 |
under this section shall, at a minimum, include all of the | 53 |
following: | 54 |
(1) An electronic network that connects all board of | 55 |
elections offices with the office of the secretary of state and | 56 |
with the offices of all other boards of elections; | 57 |
(2) A computer program that harmonizes the records contained | 58 |
in the database with records maintained by each board of | 59 |
elections; | 60 |
(3) An interactive computer program that allows access to the | 61 |
records contained in the database by each board of elections and | 62 |
by any persons authorized by the secretary of state to add, | 63 |
delete, modify, or print database records, and to conduct updates | 64 |
of the database; | 65 |
(4) A search program capable of verifying registered voters | 66 |
and their registration information by name, driver's license | 67 |
number, birth date, social security number, or current address; | 68 |
(5) Safeguards and components to ensure that the integrity, | 69 |
security, and confidentiality of the voter registration | 70 |
information is maintained; | 71 |
(6) Methods to retain canceled voter registration records and | 72 |
to record the reason for their cancellation. | 73 |
(D) The secretary of state shall adopt rules pursuant to | 74 |
Chapter 119. of the Revised Code doing all of the following: | 75 |
(1) Specifying the manner in which existing voter | 76 |
registration records maintained by boards of elections shall be | 77 |
converted to electronic files for inclusion in the statewide voter | 78 |
registration database; | 79 |
(2) Establishing a uniform method for entering voter | 80 |
registration records into the statewide voter registration | 81 |
database on an expedited basis, but not less than once per day, if | 82 |
new registration information is received; | 83 |
(3) Establishing a uniform method for purging canceled voter | 84 |
registration records from the statewide voter registration | 85 |
database in accordance with section 3503.21 of the Revised Code; | 86 |
(4) Specifying the persons authorized to add, delete, modify, | 87 |
or print records contained in the statewide voter registration | 88 |
database and to make updates of that database; | 89 |
(5) Establishing a process for annually auditing the | 90 |
information contained in the statewide voter registration | 91 |
database; | 92 |
(6) Establishing a uniform method for addressing instances in | 93 |
which records contained in the statewide voter registration | 94 |
database do not conform with records maintained by an agency | 95 |
described in division (A)(2)(a) of this section. | 96 |
(E) A board of elections promptly shall purge a voter's name | 97 |
and voter registration information from the statewide voter | 98 |
registration database in accordance with the rules adopted by the | 99 |
secretary of state under division (D)(3) of this section after the | 100 |
cancellation of a voter's registration under section 3503.21 of | 101 |
the Revised Code. | 102 |
(F) The secretary of state shall provide training in the | 103 |
operation of the statewide voter registration database to each | 104 |
board of elections and to any persons authorized by the secretary | 105 |
of state to add, delete, modify, or print database records, and to | 106 |
conduct updates of the database. | 107 |
(G)(1) The statewide voter registration database established | 108 |
under this section shall be made available on a web site of the | 109 |
office of the secretary of state as follows: | 110 |
(a) Except as otherwise provided in division (G)(1)(b) of | 111 |
this section, | 112 |
voter registration database regarding a registered voter shall be | 113 |
made available on the web site: | 114 |
(i) The voter's name; | 115 |
(ii) The voter's address; | 116 |
(iii) The voter's precinct number; | 117 |
(iv) The voter's voting history. | 118 |
(b) During the thirty days before the day of a primary or | 119 |
general election, the web site interface of the statewide voter | 120 |
registration database shall permit a voter to search for the | 121 |
polling location at which that voter may cast a ballot. | 122 |
(2) The secretary of state shall establish, by rule adopted | 123 |
under Chapter 119. of the Revised Code, a process for boards of | 124 |
elections to notify the secretary of state of changes in the | 125 |
locations of precinct polling places for the purpose of updating | 126 |
the information made available on the secretary of state's web | 127 |
site under division (G)(1)(b) of this section. Those rules shall | 128 |
require a board of elections, during the thirty days before the | 129 |
day of a primary or general election, to notify the secretary of | 130 |
state within one business day of any change to the location of a | 131 |
precinct polling place within the county. | 132 |
(3) During the thirty days before the day of a primary or | 133 |
general election, not later than one business day after receiving | 134 |
a notification from a county pursuant to division (G)(2) of this | 135 |
section that the location of a precinct polling place has changed, | 136 |
the secretary of state shall update that information on the | 137 |
secretary of state's web site for the purpose of division | 138 |
(G)(1)(b) of this section. | 139 |
Sec. 3503.18. (A)(1) The director of health shall file with | 140 |
the secretary of state, at least once each month, the names, | 141 |
social security numbers, dates of birth, dates of death, and | 142 |
residences of all persons, over eighteen years of age, who have | 143 |
died within this state or another state within such month. | 144 |
(2) The secretary of state and the director of health shall | 145 |
jointly establish a secure electronic system through which they | 146 |
shall exchange the information described in division (A)(1) of | 147 |
this section regarding the death of a registered elector. | 148 |
(B) At least once each month, each probate judge in this | 149 |
state shall file with the board of elections the names and | 150 |
residence addresses of all persons over eighteen years of age who | 151 |
have been adjudicated incompetent for the purpose of voting, as | 152 |
provided in section 5122.301 of the Revised Code. | 153 |
(C) At least once each month the clerk of the court of common | 154 |
pleas shall file with the board the names and residence addresses | 155 |
of all persons who have been convicted during the previous month | 156 |
of crimes that would disfranchise such persons under existing laws | 157 |
of the state. Reports of conviction of crimes under the laws of | 158 |
the United States that would disfranchise an elector and that are | 159 |
provided to the secretary of state by any United States attorney | 160 |
shall be forwarded by the secretary of state to the appropriate | 161 |
board of elections. | 162 |
(D) Upon receiving a report required by this section, the | 163 |
board of elections shall promptly cancel the registration of each | 164 |
elector named in the report in accordance with section 3503.21 of | 165 |
the Revised Code. If the report contains a residence address of an | 166 |
elector in a county other than the county in which the board of | 167 |
elections is located, the director shall promptly send a copy of | 168 |
the report to the appropriate board of elections, which shall | 169 |
cancel the registration in accordance with that section. | 170 |
Sec. 3503.21. (A) The registration of a registered elector | 171 |
shall be canceled upon the occurrence of any of the following: | 172 |
(1) The filing by a registered elector of a written request | 173 |
with a board of elections, on a form prescribed by the secretary | 174 |
of state and signed by the elector, that the registration be | 175 |
canceled. The filing of such a request does not prohibit an | 176 |
otherwise qualified elector from reregistering to vote at any | 177 |
time. | 178 |
(2) The filing of a notice of the death of a registered | 179 |
elector as provided in section 3503.18 of the Revised Code; | 180 |
(3) The filing with the board of elections of a certified | 181 |
copy of the death certificate of a registered elector by the | 182 |
deceased elector's spouse, parent, or child, by the administrator | 183 |
of the deceased elector's estate, or by the executor of the | 184 |
deceased elector's will; | 185 |
(4) The conviction of the registered elector of a felony | 186 |
under the laws of this state, any other state, or the United | 187 |
States as provided in section 2961.01 of the Revised Code; | 188 |
| 189 |
elector for the purpose of voting as provided in section 5122.301 | 190 |
of the Revised Code; | 191 |
| 192 |
location outside the county of registration in accordance with | 193 |
division (B) of this section; | 194 |
| 195 |
been mailed a confirmation notice, to do either of the following: | 196 |
(a) Respond to such a notice and vote at least once during a | 197 |
period of four consecutive years, which period shall include two | 198 |
general federal elections; | 199 |
(b) Update the elector's registration and vote at least once | 200 |
during a period of four consecutive years, which period shall | 201 |
include two general federal elections. | 202 |
(B)(1) The secretary of state shall prescribe procedures to | 203 |
identify and cancel the registration in a prior county of | 204 |
residence of any registrant who changes the registrant's voting | 205 |
residence to a location outside the registrant's current county of | 206 |
registration. Any procedures prescribed in this division shall be | 207 |
uniform and nondiscriminatory, and shall comply with the Voting | 208 |
Rights Act of 1965. The secretary of state may prescribe | 209 |
procedures under this division that include the use of the | 210 |
national change of address service provided by the United States | 211 |
postal system through its licensees. Any program so prescribed | 212 |
shall be completed not later than ninety days prior to the date of | 213 |
any primary or general election for federal office. | 214 |
(2) The registration of any elector identified as having | 215 |
changed the elector's voting residence to a location outside the | 216 |
elector's current county of registration shall not be canceled | 217 |
unless the registrant is sent a confirmation notice on a form | 218 |
prescribed by the secretary of state and the registrant fails to | 219 |
respond to the confirmation notice or otherwise update the | 220 |
registration and fails to vote in any election during the period | 221 |
of two federal elections subsequent to the mailing of the | 222 |
confirmation notice. | 223 |
(C) The registration of a registered elector shall not be | 224 |
canceled except as provided in this section, division (Q) of | 225 |
section 3501.05 of the Revised Code, division (C)(2) of section | 226 |
3503.19 of the Revised Code, or division (C) of section 3503.24 of | 227 |
the Revised Code. | 228 |
(D) Boards of elections shall send their voter registration | 229 |
information to the secretary of state as required under section | 230 |
3503.15 of the Revised Code. The secretary of state may prescribe | 231 |
by rule adopted pursuant to section 111.15 of the Revised Code the | 232 |
format in which the boards of elections must send that information | 233 |
to the secretary of state. In the first quarter of each | 234 |
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information to the national change of address service described in | 236 |
division (B) of this section and request that service to provide | 237 |
the secretary of state with a list of any voters sent by the | 238 |
secretary of state who have moved within the last | 239 |
twelve months. The secretary of state shall transmit to each | 240 |
appropriate board of elections whatever lists the secretary of | 241 |
state receives from that service. The board shall send a notice to | 242 |
each person on the list transmitted by the secretary of state | 243 |
requesting confirmation of the person's change of address, | 244 |
together with a postage prepaid, preaddressed return envelope | 245 |
containing a form on which the voter may verify or correct the | 246 |
change of address information. | 247 |
(E) The registration of a registered elector described in | 248 |
division (A) | 249 |
later than one hundred twenty days after the date of the second | 250 |
general federal election in which the elector fails to vote or not | 251 |
later than one hundred twenty days after the expiration of the | 252 |
four-year period in which the elector fails to vote or respond to | 253 |
a confirmation notice, whichever is later. | 254 |
Section 2. That existing sections 3503.15, 3503.18, and | 255 |
3503.21 of the Revised Code are hereby repealed. | 256 |