As Reported by the Senate State Government Oversight and Reform Committee

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 200

Senator Uecker 

Cosponsors: Senators Coley, Seitz 

---

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 completed	25
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 made	58
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.	73

(b) Information provided under this division for maintenance	74
of the statewide voter registration database shall not be used to	75
update the name or address of a registered elector. The name or	76
address of a registered elector shall only be updated as a result	77
of the elector's actions in filing a notice of change of name,	78
change of address, or both.	79

(c) A board of elections shall contact a registered elector	80
pursuant to the rules adopted under division (D)(6) of this	81
section to verify the accuracy of the information in the statewide	82
voter registration database regarding that elector if that	83
information does not conform with information provided under	84
division (A)(2)(a) of this section and the discrepancy would	85
affect the elector's eligibility to cast a regular ballot.	86

(3)(a) The secretary of state shall enter into agreements to	87
share information or data that is in the possession of the	88
secretary of state with other states or groups of states, as the	89
secretary of state considers necessary, in order to maintain the	90
statewide voter registration database established pursuant to this	91
section. Except as otherwise provided in division (A)(3)(b) of	92
this section, the secretary of state shall ensure that any	93
information or data provided to the secretary of state that is	94
confidential in the possession of the state providing the data	95
remains confidential while in the possession of the secretary of	96
state.	97

(b) The secretary of state may provide such otherwise	98
confidential information or data to persons or organizations that	99
are engaging in legitimate governmental purposes related to the	100
maintenance of the statewide voter registration database. The	101
secretary of state shall ensure that a person or organization that	102
receives confidential information or data under this division	103
keeps the information or data confidential in the person's or	104
organization's possession.	105

(B) The statewide voter registration database established	106
under this section shall be the official list of registered voters	107
for all elections conducted in this state.	108

(C) The statewide voter registration database established	109
under this section shall, at a minimum, include all of the	110
following:	111

(1) An electronic network that connects all board of	112
elections offices with the office of the secretary of state and	113
with the offices of all other boards of elections;	114

(2) A computer program that harmonizes the records contained	115
in the database with records maintained by each board of	116
elections;	117

(3) An interactive computer program that allows access to the	118
records contained in the database by each board of elections and	119
by any persons authorized by the secretary of state to add,	120
delete, modify, or print database records, and to conduct updates	121
of the database;	122

(4) A search program capable of verifying registered voters	123
and their registration information by name, driver's license	124
number, birth date, social security number, or current address;	125

(5) Safeguards and components to ensure that the integrity,	126
security, and confidentiality of the voter registration	127
information is maintained;	128

(6) Methods to retain canceled voter registration records for	129
not less than five years after they are canceled and to record the	130
reason for their cancellation.	131

(D) The secretary of state shall adopt rules pursuant to	132
Chapter 119. of the Revised Code doing all of the following:	133

(1) Specifying the manner in which existing voter	134
registration records maintained by boards of elections shall be	135
converted to electronic files for inclusion in the statewide voter	136
registration database;	137

(2) Establishing a uniform method for entering voter	138
registration records into the statewide voter registration	139
database on an expedited basis, but not less than once per day, if	140
new registration information is received;	141

(3) Establishing a uniform method for purging canceled voter	142
registration records from the statewide voter registration	143
database in accordance with section 3503.21 of the Revised Code;	144

(4) Specifying the persons authorized to add, delete, modify,	145
or print records contained in the statewide voter registration	146
database and to make updates of that database;	147

(5) Establishing a process for annually auditing the	148
information contained in the statewide voter registration	149
database;	150

(6) Establishing, by mutual agreement with the bureau of	151
motor vehicles, the content and format of the information and data	152
the bureau of motor vehicles shall provide to the secretary of	153
state under division (A)(2)(a) of this section and the frequency	154
with which the bureau shall provide that information and data;	155

(7) Establishing a uniform method for addressing instances in	156
which records contained in the statewide voter registration	157
database do not conform with records maintained by an agency,	158
state, or group of states described in division (A)(2)(a) or	159
(3)(a) of this section. That method shall prohibit an elector's	160
voter registration from being canceled on the sole basis that the	161
information in the registration record does not conform to records	162
maintained by such an agency.	163

(E) A board of elections promptly shall purge a voter's name	164
and voter registration information from the statewide voter	165
registration database in accordance with the rules adopted by the	166
secretary of state under division (D)(3) of this section after the	167
cancellation of a voter's registration under section 3503.21 of	168
the Revised Code.	169

(F) The secretary of state shall provide training in the	170
operation of the statewide voter registration database to each	171
board of elections and to any persons authorized by the secretary	172
of state to add, delete, modify, or print database records, and to	173
conduct updates of the database.	174

(G)(1) The statewide voter registration database established	175
under this section shall be made available on a web site of the	176
office of the secretary of state as follows:	177

(a) Except as otherwise provided in division (G)(1)(b) of	178
this section, only the following information from the statewide	179
voter registration database regarding a registered voter shall be	180
made available on the web site:	181

(i) The voter's name;

182

(ii) The voter's address;

183

(iii) The voter's precinct number;

184

(iv) The voter's voting history.

185

(b) During the thirty days before the day of a primary or	186
general election, the web site interface of the statewide voter	187
registration database shall permit a voter to search for the	188
polling location at which that voter may cast a ballot.	189

(2) The secretary of state shall establish, by rule adopted	190
under Chapter 119. of the Revised Code, a process for boards of	191
elections to notify the secretary of state of changes in the	192
locations of precinct polling places for the purpose of updating	193
the information made available on the secretary of state's web	194
site under division (G)(1)(b) of this section. Those rules shall	195
require a board of elections, during the thirty days before the	196
day of a primary or general election, to notify the secretary of	197
state within one business day of any change to the location of a	198
precinct polling place within the county.	199

(3) During the thirty days before the day of a primary or	200
general election, not later than one business day after receiving	201
a notification from a county pursuant to division (G)(2) of this	202
section that the location of a precinct polling place has changed,	203
the secretary of state shall update that information on the	204
secretary of state's web site for the purpose of division	205
(G)(1)(b) of this section.	206

Sec. 3503.18. (A)(1) The director of health shall file with	207
the secretary of state, at least once each month, the names,	208
social security numbers, dates of birth, dates of death, and	209
residences of all persons, over eighteen years of age, who have	210
died within this state or another state within such month. If the	211
director is notified of the death of such a person after the	212
director has filed the report for the month in which the person	213
died, the director shall file with the secretary of state a	214
supplemental report containing that information concerning the	215
person not later than one month after the director is notified of	216
the person's death.	217

(2) The secretary of state and the director of health shall	218
jointly establish a secure electronic system through which they	219
shall exchange the information described in division (A)(1) of	220
this section regarding the death of a registered elector.	221

(B) At least once each month, each probate judge in this	222
state shall file with the board of elections the names and	223
residence addresses of all persons over eighteen years of age who	224
have been adjudicated incompetent for the purpose of voting, as	225
provided in section 5122.301 of the Revised Code. At	226

(C) At least once each month the clerk of the court of common	227
pleas shall file with the board the names and residence addresses	228
of all persons who have been convicted during the previous month	229
of crimes that would disfranchise such persons under existing laws	230
of the state. Reports of conviction of crimes under the laws of	231
the United States that would disfranchise an elector and that are	232
provided to the secretary of state by any United States attorney	233
shall be forwarded by the secretary of state to the appropriate	234
board of elections.	235

(D) Upon receiving a report required by this section, the	236
board of elections shall promptly cancel the registration of each	237
elector named in the report in accordance with section 3503.21 of	238
the Revised Code. If the report contains a residence address of an	239
elector in a county other than the county in which the board of	240
elections is located, the director shall promptly send a copy of	241
the report to the appropriate board of elections, which shall	242
cancel the registration in accordance with that section.	243

Sec. 3503.21.  (A) The registration of a registered elector	244
shall be canceled upon the occurrence of any of the following:	245

(1) The filing by a registered elector of a written request	246
with a board of elections, on a form prescribed by the secretary	247
of state and signed by the elector, that the registration be	248
canceled. The filing of such a request does not prohibit an	249
otherwise qualified elector from reregistering to vote at any	250
time.	251

(2) The filing of a notice of the death of a registered	252
elector as provided in section 3503.18 of the Revised Code;	253

(3) The filing with the board of elections of a certified	254
copy of the death certificate of a registered elector by the	255
deceased elector's spouse, parent, or child, by the administrator	256
of the deceased elector's estate, or by the executor of the	257
deceased elector's will;	258

(4) The conviction of the registered elector of a felony	259
under the laws of this state, any other state, or the United	260
States as provided in section 2961.01 of the Revised Code;	261

(3)(5) The adjudication of incompetency of the registered	262
elector for the purpose of voting as provided in section 5122.301	263
of the Revised Code;	264

(5)(6) The change of residence of the registered elector to a	265
location outside the county of registration in accordance with	266
division (B) of this section;	267

(6)(7) The failure of the registered elector, after having	268
been mailed a confirmation notice, to do either of the following:	269

(a) Respond to such a notice and vote at least once during a	270
period of four consecutive years, which period shall include two	271
general federal elections;	272

(b) Update the elector's registration and vote at least once	273
during a period of four consecutive years, which period shall	274
include two general federal elections.	275

(B)(1) The secretary of state shall prescribe procedures to	276
identify and cancel the registration in a prior county of	277
residence of any registrant who changes the registrant's voting	278
residence to a location outside the registrant's current county of	279
registration. Any procedures prescribed in this division shall be	280
uniform and nondiscriminatory, and shall comply with the Voting	281
Rights Act of 1965. The secretary of state may prescribe	282
procedures under this division that include the use of the	283
national change of address service provided by the United States	284
postal system through its licensees. Any program so prescribed	285
shall be completed not later than ninety days prior to the date of	286
any primary or general election for federal office.	287

(2) The registration of any elector identified as having	288
changed the elector's voting residence to a location outside the	289
elector's current county of registration shall not be canceled	290
unless the registrant is sent a confirmation notice on a form	291
prescribed by the secretary of state and the registrant fails to	292
respond to the confirmation notice or otherwise update the	293
registration and fails to vote in any election during the period	294
of two federal elections subsequent to the mailing of the	295
confirmation notice.	296

(C) The registration of a registered elector shall not be	297
canceled except as provided in this section, division (Q) of	298
section 3501.05 of the Revised Code, division (C)(2) of section	299
3503.19 of the Revised Code, or division (C) of section 3503.24 of	300
the Revised Code.	301

(D) Boards of elections shall send their voter registration	302
information to the secretary of state as required under section	303
3503.15 of the Revised Code. The secretary of state may prescribe	304
by rule adopted pursuant to section 111.15 of the Revised Code the	305
format in which the boards of elections must send that information	306
to the secretary of state. In the first quarter of each	307
odd-numbered year, the secretary of state shall send the	308
information to the national change of address service described in	309
division (B) of this section and request that service to provide	310
the secretary of state with a list of any voters sent by the	311
secretary of state who have moved within the last thirty-six	312
twelve months. The secretary of state shall transmit to each	313
appropriate board of elections whatever lists the secretary of	314
state receives from that service. The board shall send a notice to	315
each person on the list transmitted by the secretary of state	316
requesting confirmation of the person's change of address,	317
together with a postage prepaid, preaddressed return envelope	318
containing a form on which the voter may verify or correct the	319
change of address information.	320

(E) The registration of a registered elector described in	321
division (A)(6)(7) or (B)(2) of this section shall be canceled not	322
later than one hundred twenty days after the date of the second	323
general federal election in which the elector fails to vote or not	324
later than one hundred twenty days after the expiration of the	325
four-year period in which the elector fails to vote or respond to	326
a confirmation notice, whichever is later.	327

Sec. 3506.22. (A) Beginning in the year 2013 and thereafter,	328
a county that selects direct recording electronic voting machines	329
as the primary voting system to be used in the county and not only	330
for accessibility for individuals with disabilities as required	331
under the Help America Vote Act of 2002 and section 3506.19 of the	332
Revised Code shall acquire, if needed, sufficient direct recording	333
electronic voting machines to meet the minimum number of direct	334
recording electronic voting machines required to be established by	335
the secretary of state under division (B) of this section.	336

(B) Beginning in the year 2013 and every eight years	337
thereafter, the secretary of state shall establish, for each	338
county, a minimum number of direct recording electronic voting	339
machines that the county shall be required to have if it elects to	340
use direct recording electronic voting machines as the primary	341
voting system in the county. The minimum number for each county	342
shall be calculated as follows:	343

(1) The total number of registered voters in the county as of	344
the October deadline for voter registration for the last	345
presidential election or the average of the total number of	346
registered voters in the county as of the October deadline for	347
voter registration for the last two presidential elections,	348
whichever number is higher, minus the total number of absent	349
voter's ballots cast and counted at the last presidential	350
election, shall be determined.	351

(2) The number resulting from the determination under	352
division (B)(1) of this section shall be divided by one hundred	353
seventy-five.	354

(3) Any fraction resulting from the calculation under	355
division (B)(2) of this section shall be rounded up to the next	356
whole number.	357

(C) A county that selects direct recording electronic voting	358
machines as the primary voting system to be used in the county and	359
not only for accessibility for individuals with disabilities as	360
required under the Help America Vote Act of 2002 and section	361
3506.19 of the Revised Code after the effective date of this	362
sectionMay 2, 2006, but before the year 2013 shall do so in	363
accordance with the formula set forth in Section 514.03 of Am.	364
Sub. H.B. 66 of the 126th general assembly.	365

Section 2.  That existing sections 3503.11, 3503.15, 3503.18,	366
3503.21, and 3506.22 of the Revised Code are hereby repealed.	367