As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. B. No. 200


Senator Uecker 

Cosponsors: Senators Coley, Seitz, Eklund, Hite 



A BILL
To amend sections 3503.11, 3503.15, 3503.18, 3503.21, 1
and 3506.22 of the Revised Code to modify the law 2
governing the statewide voter registration 3
database and the transmission of voter 4
registration information from the Bureau of Motor 5
Vehicles to the Secretary of State and to reduce 6
the minimum required number of direct recording 7
electronic voting machines. 8


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

       Section 1.  That sections 3503.11, 3503.15, 3503.18, 3503.21, 9
and 3506.22 of the Revised Code be amended to read as follows:10

       Sec. 3503.11.  When any person applies for a driver's 11
license, commercial driver's license, a state of Ohio 12
identification card issued under section 4507.50 of the Revised 13
Code, or motorcycle operator's license or endorsement, or the 14
renewal or duplicate of any license or endorsement under Chapter 15
4506. or 4507. of the Revised Code, the registrar of motor 16
vehicles or deputy registrar shall offer the applicant the 17
opportunity to register to vote or to update the applicant's voter 18
registration. The registrar of motor vehicles or deputy registrar 19
also shall make available to all other customers voter 20
registration applications and change of residence and change of 21
name, forms, but is not required to offer assistance to these 22
customers in completing a voter registration application or other 23
form.24

       The registrar or deputy registrar shall send any completed25
registration application or any completed change of residence or 26
change of name form that was completed and submitted in paper form 27
to the deputy registrar to the board of elections of the county in 28
which the office of the registrar or deputy registrar is located, 29
within five days after accepting the application or other form. 30
The registrar shall send any completed registration application 31
received at the bureau of motor vehicles headquarters location and 32
any completed change of residence or change of name form processed 33
electronically in systems or programs operated and maintained by 34
the bureau of motor vehicles to the secretary of state within five 35
days after accepting the application or other form.36

       The registrar shall collect from each deputy registrar 37
through the reports filed under division (J) of section 4503.03 of 38
the Revised Code and transmit to the secretary of state 39
information on the number of voter registration applications and 40
change of residence or change of name forms completed or declined, 41
and any additional information required by the secretary of state 42
to comply with the National Voter Registration Act of 1993. No 43
information relating to an applicant's decision to decline to 44
register or update the applicant's voter registration at the 45
office of the registrar or deputy registrar may be used for any 46
purpose other than voter registration record-keeping required by 47
the secretary of state, and all such information shall be kept 48
confidential.49

       The secretary of state shall prescribe voter registration 50
applications and change of residence and change of name forms for 51
use by the bureau of motor vehicles. The bureau of motor vehicles 52
shall supply all of its deputy registrars with a sufficient number 53
of voter registration applications and change of residence and 54
change of name forms.55

       Sec. 3503.15.  (A)(1) The secretary of state shall establish 56
and maintain a statewide voter registration database that shall be 57
administered by the office of the secretary of state and made58
continuously available to each board of elections and to other 59
agencies as authorized by law.60

       (2)(a) State agencies, including, but not limited to, the 61
department of health, bureau of motor vehicles, department of job 62
and family services, and the department of rehabilitation and 63
corrections, shall provide any information and data to the 64
secretary of state that is collected in the course of normal 65
business and that is necessary to register to vote, to update an 66
elector's registration, or to maintain the statewide voter 67
registration database established pursuant to this section, except 68
where prohibited by federal law or regulation. The secretary of 69
state shall ensure that any information or data provided to the 70
secretary of state that is confidential in the possession of the 71
entity providing the data remains confidential while in the 72
possession of the secretary of state. No public office, and no 73
public official or employee, shall sell that information or data 74
or use that information or data for profit.75

       (b) Information provided under this division for maintenance 76
of the statewide voter registration database shall not be used to 77
update the name or address of a registered elector. The name or 78
address of a registered elector shall only be updated as a result 79
of the elector's actions in filing a notice of change of name, 80
change of address, or both.81

       (c) A board of elections shall contact a registered elector 82
pursuant to the rules adopted under division (D)(7) of this 83
section to verify the accuracy of the information in the statewide 84
voter registration database regarding that elector if that 85
information does not conform with information provided under 86
division (A)(2)(a) of this section and the discrepancy would 87
affect the elector's eligibility to cast a regular ballot.88

       (3)(a) The secretary of state shall enter into agreements to 89
share information or data that is in the possession of the 90
secretary of state with other states or groups of states, as the 91
secretary of state considers necessary, in order to maintain the 92
statewide voter registration database established pursuant to this 93
section. Except as otherwise provided in division (A)(3)(b) of 94
this section, the secretary of state shall ensure that any 95
information or data provided to the secretary of state that is 96
confidential in the possession of the state providing the data 97
remains confidential while in the possession of the secretary of 98
state.99

       (b) The secretary of state may provide such otherwise 100
confidential information or data to persons or organizations that 101
are engaging in legitimate governmental purposes related to the 102
maintenance of the statewide voter registration database. The 103
secretary of state shall adopt rules pursuant to Chapter 119. of 104
the Revised Code identifying the persons or organizations who may 105
receive that information or data. The secretary of state shall not 106
share that information or data with a person or organization not 107
identified in those rules. The secretary of state shall ensure 108
that a person or organization that receives confidential 109
information or data under this division keeps the information or 110
data confidential in the person's or organization's possession by, 111
at a minimum, entering into a confidentiality agreement with the 112
person or organization. Any confidentiality agreement entered into 113
under this division shall include a requirement that the person or 114
organization submit to the jurisdiction of this state in the event 115
that the person or organization breaches the agreement.116

       (4) No person or entity that receives information or data 117
under division (A)(3) of this section shall sell the information 118
or data or use the information or data for profit.119

       (B) The statewide voter registration database established 120
under this section shall be the official list of registered voters 121
for all elections conducted in this state.122

       (C) The statewide voter registration database established 123
under this section shall, at a minimum, include all of the 124
following:125

       (1) An electronic network that connects all board of 126
elections offices with the office of the secretary of state and 127
with the offices of all other boards of elections;128

       (2) A computer program that harmonizes the records contained 129
in the database with records maintained by each board of 130
elections;131

       (3) An interactive computer program that allows access to the 132
records contained in the database by each board of elections and 133
by any persons authorized by the secretary of state to add, 134
delete, modify, or print database records, and to conduct updates 135
of the database;136

       (4) A search program capable of verifying registered voters 137
and their registration information by name, driver's license 138
number, birth date, social security number, or current address;139

       (5) Safeguards and components to ensure that the integrity, 140
security, and confidentiality of the voter registration 141
information is maintained;142

       (6) Methods to retain canceled voter registration records for 143
not less than five years after they are canceled and to record the 144
reason for their cancellation. 145

       (D) The secretary of state shall adopt rules pursuant to 146
Chapter 119. of the Revised Code doing all of the following:147

       (1) Specifying the manner in which existing voter 148
registration records maintained by boards of elections shall be 149
converted to electronic files for inclusion in the statewide voter 150
registration database;151

       (2) Establishing a uniform method for entering voter 152
registration records into the statewide voter registration 153
database on an expedited basis, but not less than once per day, if 154
new registration information is received;155

       (3) Establishing a uniform method for purging canceled voter 156
registration records from the statewide voter registration 157
database in accordance with section 3503.21 of the Revised Code;158

       (4) Specifying the persons authorized to add, delete, modify, 159
or print records contained in the statewide voter registration 160
database and to make updates of that database;161

       (5) Establishing a process for annually auditing the 162
information contained in the statewide voter registration 163
database;164

       (6) Establishing, by mutual agreement with the bureau of 165
motor vehicles, the content and format of the information and data 166
the bureau of motor vehicles shall provide to the secretary of 167
state under division (A)(2)(a) of this section and the frequency 168
with which the bureau shall provide that information and data;169

       (7) Establishing a uniform method for addressing instances in 170
which records contained in the statewide voter registration 171
database do not conform with records maintained by an agency, 172
state, or group of states described in division (A)(2)(a) or 173
(3)(a) of this section. That method shall prohibit an elector's 174
voter registration from being canceled on the sole basis that the 175
information in the registration record does not conform to records 176
maintained by such an agency. 177

       (E) A board of elections promptly shall purge a voter's name 178
and voter registration information from the statewide voter 179
registration database in accordance with the rules adopted by the 180
secretary of state under division (D)(3) of this section after the 181
cancellation of a voter's registration under section 3503.21 of 182
the Revised Code.183

       (F) The secretary of state shall provide training in the 184
operation of the statewide voter registration database to each 185
board of elections and to any persons authorized by the secretary 186
of state to add, delete, modify, or print database records, and to 187
conduct updates of the database.188

       (G)(1) The statewide voter registration database established 189
under this section shall be made available on a web site of the 190
office of the secretary of state as follows:191

       (a) Except as otherwise provided in division (G)(1)(b) of 192
this section, only the following information from the statewide 193
voter registration database regarding a registered voter shall be 194
made available on the web site:195

       (i) The voter's name;196

       (ii) The voter's address;197

       (iii) The voter's precinct number;198

       (iv) The voter's voting history.199

       (b) During the thirty days before the day of a primary or 200
general election, the web site interface of the statewide voter 201
registration database shall permit a voter to search for the 202
polling location at which that voter may cast a ballot. 203

       (2) The secretary of state shall establish, by rule adopted 204
under Chapter 119. of the Revised Code, a process for boards of 205
elections to notify the secretary of state of changes in the 206
locations of precinct polling places for the purpose of updating 207
the information made available on the secretary of state's web 208
site under division (G)(1)(b) of this section. Those rules shall 209
require a board of elections, during the thirty days before the 210
day of a primary or general election, to notify the secretary of 211
state within one business day of any change to the location of a 212
precinct polling place within the county.213

       (3) During the thirty days before the day of a primary or 214
general election, not later than one business day after receiving 215
a notification from a county pursuant to division (G)(2) of this 216
section that the location of a precinct polling place has changed, 217
the secretary of state shall update that information on the 218
secretary of state's web site for the purpose of division 219
(G)(1)(b) of this section.220

       Sec. 3503.18. (A)(1) The director of health shall file with 221
the secretary of state, at least once each month, the names, 222
social security numbers, dates of birth, dates of death, and 223
residences of all persons, over eighteen years of age, who have 224
died within this state or another state within such month. If the 225
director is notified of the death of such a person after the 226
director has filed the report for the month in which the person 227
died, the director shall file with the secretary of state a 228
supplemental report containing that information concerning the 229
person not later than one month after the director is notified of 230
the person's death.231

       (2) The secretary of state and the director of health shall 232
jointly establish a secure electronic system through which they 233
shall exchange the information described in division (A)(1) of 234
this section regarding the death of a registered elector.235

       (B) At least once each month, each probate judge in this 236
state shall file with the board of elections the names and 237
residence addresses of all persons over eighteen years of age who 238
have been adjudicated incompetent for the purpose of voting, as 239
provided in section 5122.301 of the Revised Code. At240

       (C) At least once each month the clerk of the court of common 241
pleas shall file with the board the names and residence addresses 242
of all persons who have been convicted during the previous month 243
of crimes that would disfranchise such persons under existing laws 244
of the state. Reports of conviction of crimes under the laws of 245
the United States that would disfranchise an elector and that are 246
provided to the secretary of state by any United States attorney 247
shall be forwarded by the secretary of state to the appropriate 248
board of elections.249

       (D) Upon receiving a report required by this section, the 250
board of elections shall promptly cancel the registration of each 251
elector named in the report in accordance with section 3503.21 of 252
the Revised Code. If the report contains a residence address of an 253
elector in a county other than the county in which the board of 254
elections is located, the director shall promptly send a copy of 255
the report to the appropriate board of elections, which shall 256
cancel the registration in accordance with that section.257

       Sec. 3503.21.  (A) The registration of a registered elector 258
shall be canceled upon the occurrence of any of the following:259

       (1) The filing by a registered elector of a written request 260
with a board of elections, on a form prescribed by the secretary 261
of state and signed by the elector, that the registration be 262
canceled. The filing of such a request does not prohibit an 263
otherwise qualified elector from reregistering to vote at any 264
time.265

        (2) The filing of a notice of the death of a registered 266
elector as provided in section 3503.18 of the Revised Code;267

       (3) The filing with the board of elections of a certified 268
copy of the death certificate of a registered elector by the 269
deceased elector's spouse, parent, or child, by the administrator 270
of the deceased elector's estate, or by the executor of the 271
deceased elector's will;272

       (4) The conviction of the registered elector of a felony 273
under the laws of this state, any other state, or the United 274
States as provided in section 2961.01 of the Revised Code;275

       (3)(5) The adjudication of incompetency of the registered 276
elector for the purpose of voting as provided in section 5122.301 277
of the Revised Code;278

       (5)(6) The change of residence of the registered elector to a 279
location outside the county of registration in accordance with 280
division (B) of this section;281

       (6)(7) The failure of the registered elector, after having 282
been mailed a confirmation notice, to do either of the following:283

       (a) Respond to such a notice and vote at least once during a 284
period of four consecutive years, which period shall include two 285
general federal elections;286

       (b) Update the elector's registration and vote at least once 287
during a period of four consecutive years, which period shall 288
include two general federal elections.289

       (B)(1) The secretary of state shall prescribe procedures to 290
identify and cancel the registration in a prior county of 291
residence of any registrant who changes the registrant's voting 292
residence to a location outside the registrant's current county of 293
registration. Any procedures prescribed in this division shall be 294
uniform and nondiscriminatory, and shall comply with the Voting 295
Rights Act of 1965. The secretary of state may prescribe 296
procedures under this division that include the use of the 297
national change of address service provided by the United States 298
postal system through its licensees. Any program so prescribed 299
shall be completed not later than ninety days prior to the date of 300
any primary or general election for federal office.301

       (2) The registration of any elector identified as having 302
changed the elector's voting residence to a location outside the 303
elector's current county of registration shall not be canceled 304
unless the registrant is sent a confirmation notice on a form 305
prescribed by the secretary of state and the registrant fails to 306
respond to the confirmation notice or otherwise update the 307
registration and fails to vote in any election during the period 308
of two federal elections subsequent to the mailing of the 309
confirmation notice.310

       (C) The registration of a registered elector shall not be 311
canceled except as provided in this section, division (Q) of 312
section 3501.05 of the Revised Code, division (C)(2) of section 313
3503.19 of the Revised Code, or division (C) of section 3503.24 of 314
the Revised Code.315

       (D) Boards of elections shall send their voter registration 316
information to the secretary of state as required under section 317
3503.15 of the Revised Code. The secretary of state may prescribe 318
by rule adopted pursuant to section 111.15 of the Revised Code the 319
format in which the boards of elections must send that information 320
to the secretary of state. In the first quarter of each 321
odd-numbered year, the secretary of state shall send the 322
information to the national change of address service described in 323
division (B) of this section and request that service to provide 324
the secretary of state with a list of any voters sent by the 325
secretary of state who have moved within the last thirty-six326
twelve months. The secretary of state shall transmit to each 327
appropriate board of elections whatever lists the secretary of 328
state receives from that service. The board shall send a notice to 329
each person on the list transmitted by the secretary of state 330
requesting confirmation of the person's change of address, 331
together with a postage prepaid, preaddressed return envelope 332
containing a form on which the voter may verify or correct the 333
change of address information.334

       (E) The registration of a registered elector described in 335
division (A)(6)(7) or (B)(2) of this section shall be canceled not 336
later than one hundred twenty days after the date of the second 337
general federal election in which the elector fails to vote or not 338
later than one hundred twenty days after the expiration of the 339
four-year period in which the elector fails to vote or respond to 340
a confirmation notice, whichever is later.341

       (F)(1) When a registration is canceled pursuant to division 342
(A)(2) or (3) of this section, the applicable board of elections 343
shall send a written notice, on a form prescribed by the secretary 344
of state, to the address at which the elector was registered, 345
informing the recipient that the elector's registration has been 346
canceled, of the reason for the cancellation, and that if the 347
cancellation was made in error, the elector may contact the board 348
of elections to correct the error.349

       (2) If the elector's registration is canceled pursuant to 350
division (A)(2) or (3) of this section in error, it shall be 351
restored and treated as though it were never canceled.352

       Sec. 3506.22. (A) Beginning in the year 2013 and thereafter, 353
a county that selects direct recording electronic voting machines 354
as the primary voting system to be used in the county and not only 355
for accessibility for individuals with disabilities as required 356
under the Help America Vote Act of 2002 and section 3506.19 of the 357
Revised Code shall acquire, if needed, sufficient direct recording 358
electronic voting machines to meet the minimum number of direct 359
recording electronic voting machines required to be established by 360
the secretary of state under division (B) of this section.361

        (B) Beginning in the year 2013 and every eight years 362
thereafter, the secretary of state shall establish, for each 363
county, a minimum number of direct recording electronic voting 364
machines that the county shall be required to have if it elects to 365
use direct recording electronic voting machines as the primary 366
voting system in the county. The minimum number for each county 367
shall be calculated as follows:368

        (1) The total number of registered voters in the county as of 369
the October deadline for voter registration for the last 370
presidential election or the average of the total number of 371
registered voters in the county as of the October deadline for 372
voter registration for the last two presidential elections, 373
whichever number is higher, minus the total number of absent 374
voter's ballots cast and counted at the last presidential 375
election, shall be determined.376

        (2) The number resulting from the determination under 377
division (B)(1) of this section shall be divided by one hundred 378
seventy-five.379

        (3) Any fraction resulting from the calculation under 380
division (B)(2) of this section shall be rounded up to the next 381
whole number.382

       (C) A county that selects direct recording electronic voting 383
machines as the primary voting system to be used in the county and 384
not only for accessibility for individuals with disabilities as 385
required under the Help America Vote Act of 2002 and section 386
3506.19 of the Revised Code after the effective date of this 387
sectionMay 2, 2006, but before the year 2013 shall do so in 388
accordance with the formula set forth in Section 514.03 of Am. 389
Sub. H.B. 66 of the 126th general assembly.390

       Section 2.  That existing sections 3503.11, 3503.15, 3503.18, 391
3503.21, and 3506.22 of the Revised Code are hereby repealed.392