S. B. No. 205 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 205

Senator Coley

Cosponsor: Senator Seitz

A BILL

To amend sections 3501.05, 3505.24, 3509.03, 3509.04,

3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and

3511.10 of the Revised Code to revise the law

concerning the mailing of absent voter's ballots

and applications for those ballots and to clarify

that an elector generally is responsible to

complete the elector's absent voter's ballot

documents.

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

Section 1. That sections 3501.05, 3505.24, 3509.03, 3509.04,	9
3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and 3511.10 of the	10
Revised Code be amended to read as follows:	11

Sec. 3501.05. The secretary of state shall do all of the	12
following:	13

(A) Appoint all members of boards of elections;

(B) Issue instructions by directives and advisories in	15
accordance with section 3501.053 of the Revised Code to members of	16
the boards as to the proper methods of conducting elections.	17

(C) Prepare rules and instructions for the conduct of	18
elections;	19

(D) Publish and furnish to the boards from time to time a	20
sufficient number of indexed copies of all election laws then in	21
force;	22

(E) Edit and issue all pamphlets concerning proposed laws or	23
amendments required by law to be submitted to the voters;	24

(F) Prescribe the form of registration cards, blanks, and	25
records;	26

(G) Determine and prescribe the forms of ballots and the	27
forms of all blanks, cards of instructions, pollbooks, tally	28
sheets, certificates of election, and forms and blanks required by	29
law for use by candidates, committees, and boards;	30

(H) Prepare the ballot title or statement to be placed on the	31
ballot for any proposed law or amendment to the constitution to be	32
submitted to the voters of the state;	33

(I) Except as otherwise provided in section 3519.08 of the	34
Revised Code, certify to the several boards the forms of ballots	35
and names of candidates for state offices, and the form and	36
wording of state referendum questions and issues, as they shall	37
appear on the ballot;	38

(J) Except as otherwise provided in division (I)(2)(b) of	39
section 3501.38 of the Revised Code, give final approval to ballot	40
language for any local question or issue approved and transmitted	41
by boards of elections under section 3501.11 of the Revised Code;	42

(K) Receive all initiative and referendum petitions on state	43
questions and issues and determine and certify to the sufficiency	44
of those petitions;	45

(L) Require such reports from the several boards as are	46
provided by law, or as the secretary of state considers necessary;	47

(M) Compel the observance by election officers in the several	48
counties of the requirements of the election laws;	49

(N)(1) Except as otherwise provided in division (N)(2) of	50
this section, investigate the administration of election laws,	51
frauds, and irregularities in elections in any county, and report	52
violations of election laws to the attorney general or prosecuting	53
attorney, or both, for prosecution;	54

(2) On and after August 24, 1995, report a failure to comply	55
with or a violation of a provision in sections 3517.08 to 3517.13,	56
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	57
Revised Code, whenever the secretary of state has or should have	58
knowledge of a failure to comply with or a violation of a	59
provision in one of those sections, by filing a complaint with the	60
Ohio elections commission under section 3517.153 of the Revised	61
Code;.	62

(O) Make an annual report to the governor containing the	63
results of elections, the cost of elections in the various	64
counties, a tabulation of the votes in the several political	65
subdivisions, and other information and recommendations relative	66
to elections the secretary of state considers desirable;	67

(P) Prescribe and distribute to boards of elections a list of	68
instructions indicating all legal steps necessary to petition	69
successfully for local option elections under sections 4301.32 to	70
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	71

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	72
for the removal by boards of elections of ineligible voters from	73
the statewide voter registration database and, if applicable, from	74
the poll list or signature pollbook used in each precinct, which	75
rules shall provide for all of the following:	76

(1) A process for the removal of voters who have changed	77
residence, which shall be uniform, nondiscriminatory, and in	78
compliance with the Voting Rights Act of 1965 and the National	79
Voter Registration Act of 1993, including a program that uses the	80
national change of address service provided by the United States	81
postal system through its licensees;	82

(2) A process for the removal of ineligible voters under	83
section 3503.21 of the Revised Code;	84

(3) A uniform system for marking or removing the name of a	85
voter who is ineligible to vote from the statewide voter	86
registration database and, if applicable, from the poll list or	87
signature pollbook used in each precinct and noting the reason for	88
that mark or removal.	89

(R) Prescribe a general program for registering voters or	90
updating voter registration information, such as name and	91
residence changes, by boards of elections, designated agencies,	92
offices of deputy registrars of motor vehicles, public high	93
schools and vocational schools, public libraries, and offices of	94
county treasurers consistent with the requirements of section	95
3503.09 of the Revised Code;	96

(S) Prescribe a program of distribution of voter registration	97
forms through boards of elections, designated agencies, offices of	98
the registrar and deputy registrars of motor vehicles, public high	99
schools and vocational schools, public libraries, and offices of	100
county treasurers;	101

(T) To the extent feasible, provide copies, at no cost and	102
upon request, of the voter registration form in post offices in	103
this state;	104

(U) Adopt rules pursuant to section 111.15 of the Revised	105
Code for the purpose of implementing the program for registering	106
voters through boards of elections, designated agencies, and the	107
offices of the registrar and deputy registrars of motor vehicles	108
consistent with this chapter;	109

(V) Establish the full-time position of Americans with	110
Disabilities Act coordinator within the office of the secretary of	111
state to do all of the following:	112

(1) Assist the secretary of state with ensuring that there is	113
equal access to polling places for persons with disabilities;	114

(2) Assist the secretary of state with ensuring that each	115
voter may cast the voter's ballot in a manner that provides the	116
same opportunity for access and participation, including privacy	117
and independence, as for other voters;	118

(3) Advise the secretary of state in the development of	119
standards for the certification of voting machines, marking	120
devices, and automatic tabulating equipment.	121

(W) Establish and maintain a computerized statewide database	122
of all legally registered voters under section 3503.15 of the	123
Revised Code that complies with the requirements of the "Help	124
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	125
and provide training in the operation of that system;	126

(X) Ensure that all directives, advisories, other	127
instructions, or decisions issued or made during or as a result of	128
any conference or teleconference call with a board of elections to	129
discuss the proper methods and procedures for conducting	130
elections, to answer questions regarding elections, or to discuss	131
the interpretation of directives, advisories, or other	132
instructions issued by the secretary of state are posted on a web	133
site of the office of the secretary of state as soon as is	134
practicable after the completion of the conference or	135
teleconference call, but not later than the close of business on	136
the same day as the conference or teleconference call takes place.	137

(Y) Publish a report on a web site of the office of the	138
secretary of state not later than one month after the completion	139
of the canvass of the election returns for each primary and	140
general election, identifying, by county, the number of absent	141
voter's ballots cast and the number of those ballots that were	142
counted, and the number of provisional ballots cast and the number	143
of those ballots that were counted, for that election. The	144
secretary of state shall maintain the information on the web site	145
in an archive format for each subsequent election.	146

(Z) Conduct voter education outlining voter identification,	147
absent voters ballot, provisional ballot, and other voting	148
requirements;	149

(AA) Establish a procedure by which a registered elector may	150
make available to a board of elections a more recent signature to	151
be used in the poll list or signature pollbook produced by the	152
board of elections of the county in which the elector resides;	153

(BB) Disseminate information, which may include all or part	154
of the official explanations and arguments, by means of direct	155
mail or other written publication, broadcast, or other means or	156
combination of means, as directed by the Ohio ballot board under	157
division (F) of section 3505.062 of the Revised Code, in order to	158
inform the voters as fully as possible concerning each proposed	159
constitutional amendment, proposed law, or referendum;	160

(CC) Be the single state office responsible for the	161
implementation of the "Uniformed and Overseas Citizens Absentee	162
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	163
et seq., as amended, in this state. The secretary of state may	164
delegate to the boards of elections responsibilities for the	165
implementation of that act, including responsibilities arising	166
from amendments to that act made by the "Military and Overseas	167
Voter Empowerment Act," Subtitle H of the "National Defense	168
Authorization Act for Fiscal Year 2010," Pub. L. No. 111-84, 123	169
Stat. 3190.	170

(DD) Perform other duties required by law.

171

Whenever a primary election is held under section 3513.32 of	172
the Revised Code or a special election is held under section	173
3521.03 of the Revised Code to fill a vacancy in the office of	174
representative to congress, the secretary of state shall establish	175
a deadline, notwithstanding any other deadline required under the	176
Revised Code, by which any or all of the following shall occur:	177
the filing of a declaration of candidacy and petitions or a	178
statement of candidacy and nominating petition together with the	179
applicable filing fee; the filing of protests against the	180
candidacy of any person filing a declaration of candidacy or	181
nominating petition; the filing of a declaration of intent to be a	182
write-in candidate; the filing of campaign finance reports; the	183
preparation of, and the making of corrections or challenges to,	184
precinct voter registration lists; the receipt of applications for	185
absent voter's ballots or ~~armed service~~uniformed services or	186
overseas absent voter's ballots; the supplying of election	187
materials to precincts by boards of elections; the holding of	188
hearings by boards of elections to consider challenges to the	189
right of a person to appear on a voter registration list; and the	190
scheduling of programs to instruct or reinstruct election	191
officers.	192

In the performance of the secretary of state's duties as the	193
chief election officer, the secretary of state may administer	194
oaths, issue subpoenas, summon witnesses, compel the production of	195
books, papers, records, and other evidence, and fix the time and	196
place for hearing any matters relating to the administration and	197
enforcement of the election laws.	198

In any controversy involving or arising out of the adoption	199
of registration or the appropriation of funds for registration,	200
the secretary of state may, through the attorney general, bring an	201
action in the name of the state in the court of common pleas of	202
the county where the cause of action arose or in an adjoining	203
county, to adjudicate the question.	204

In any action involving the laws in Title XXXV of the Revised	205
Code wherein the interpretation of those laws is in issue in such	206
a manner that the result of the action will affect the lawful	207
duties of the secretary of state or of any board of elections, the	208
secretary of state may, on the secretary of state's motion, be	209
made a party.	210

The secretary of state may apply to any court that is hearing	211
a case in which the secretary of state is a party, for a change of	212
venue as a substantive right, and the change of venue shall be	213
allowed, and the case removed to the court of common pleas of an	214
adjoining county named in the application or, if there are cases	215
pending in more than one jurisdiction that involve the same or	216
similar issues, the court of common pleas of Franklin county.	217

Public high schools and vocational schools, public libraries,	218
and the office of a county treasurer shall implement voter	219
registration programs as directed by the secretary of state	220
pursuant to this section.	221

The secretary of state may mail unsolicited applications for	222
absent voter's ballots to individuals only in an even-numbered	223
year, and only if the general assembly has made an appropriation	224
for that purpose. Under no other circumstance shall a public	225
official or employee or any public office mail any unsolicited	226
applications for absent voter's ballots to individuals.	227

Sec. 3505.24. Notwithstanding any provision of the Revised	228
Code to the contrary, any elector who ~~declares to the presiding~~	229
~~judge of elections that the elector is unable to mark the~~	230
~~elector's ballot by reason of blindness, disability, or illiteracy~~	231
does both of the following may be accompanied in the voting booth	232
and aided by any person of the elector's choice, other than the	233
elector's employer, an agent of the elector's employer, or an	234
officer or agent of the elector's union, if any:	235

(A) Appears to vote on the day of an election or appears at	236
the office of the board of elections to cast absent voter's	237
ballots in person; and	238

(B) Declares to the presiding judge of elections or to the	239
election official who is accepting applications to cast absent	240
voter's ballots in person that the elector is unable to mark the	241
elector's ballot by reason of blindness, disability, or	242
illiteracy. ~~The~~	243

The elector also may request and receive assistance in the	244
marking of the elector's ballot from two election officials of	245
different political parties. Any person providing assistance in	246
the marking of an elector's ballot under this section shall	247
thereafter provide no information in regard to the marking of that	248
ballot.	249

Any ~~judge~~election official may require a declaration of	250
inability to be made by the elector under oath before the ~~judge~~	251
election official. Assistance shall not be rendered for causes	252
other than those specified in this section, and no candidate whose	253
name appears on the ballot shall assist any person in marking that	254
person's ballot.	255

Sec. 3509.03. Except as provided in division (B) of section	256
3509.08 of the Revised Code, any qualified elector desiring to	257
vote absent voter's ballots at an election shall make written	258
application for those ballots to the director of elections of the	259
county in which the elector's voting residence is located. The	260
application need not be in any particular form but shall contain	261
all of the following:	262

(A) The elector's name;

263

(B) The elector's signature;

264

265

(D) The elector's date of birth;

266

(E) One of the following:

267

(1) The elector's driver's license number;

268

(2) The last four digits of the elector's social security	269
number;	270

(3) A copy of the elector's current and valid photo	271
identification, a copy of a military identification, or a copy of	272
a current utility bill, bank statement, government check,	273
paycheck, or other government document, other than a notice of	274
voter registration mailed by a board of elections under section	275
3503.19 of the Revised Code, that shows the name and address of	276
the elector.	277

(F) A statement identifying the election for which absent	278
voter's ballots are requested;	279

(G) A statement that the person requesting the ballots is a	280
qualified elector;	281

(H) If the request is for primary election ballots, the	282
elector's party affiliation;	283

(I) If the elector desires ballots to be mailed to the	284
elector, the address to which those ballots shall be mailed.	285

Each application for absent voter's ballots shall be	286
delivered to the director not earlier than the first day of	287
January of the year of the elections for which the absent voter's	288
ballots are requested or not earlier than ninety days before the	289
day of the election at which the ballots are to be voted,	290
whichever is earlier, and not later than twelve noon of the third	291
day before the day of the election at which the ballots are to be	292
voted, or not later than six p.m. on the last Friday before the	293
day of the election at which the ballots are to be voted if the	294
application is delivered in person to the office of the board.	295

A board of elections that mails an absent voter's ballot	296
application to an elector under this section shall not prepay the	297
return postage for that application.	298

Except as otherwise provided in sections 3505.24 and 3509.08	299
of the Revised Code, an election official shall not complete any	300
portion of an application for absent voter's ballots on behalf of	301
an applicant.	302

Sec. 3509.04. (A) If a director of a board of elections	303
receives an application for absent voter's ballots that does not	304
contain all of the required information, the director promptly	305
shall notify the applicant of the additional information required	306
to be provided by the applicant to complete that application.	307

(B) Upon receipt by the director of elections of an	308
application for absent voter's ballots that contains all of the	309
required information, as provided by section 3509.03 and division	310
(G) of section 3503.16 of the Revised Code, the director, if the	311
director finds that the applicant is a qualified elector, shall	312
deliver to the applicant in person or mail directly to the	313
applicant by special delivery mail, air mail, or regular mail,	314
postage prepaid, proper absent voter's ballots. The director shall	315
deliver or mail with the ballots an unsealed identification	316
envelope upon the face of which shall be printed a form	317
substantially as follows:	318

"Identification Envelope Statement of Voter	319

I, ........................(Name of voter), declare under	320
penalty of election falsification that the within ballot or	321
ballots contained no voting marks of any kind when I received	322
them, and I caused the ballot or ballots to be marked, enclosed in	323
the identification envelope, and sealed in that envelope.	324

My voting residence in Ohio is

325

...................................................................	326

(Street and Number, if any, or Rural Route and Number)	327

of ................................ (City, Village, or Township)	328
Ohio, which is in Ward ............... Precinct ................	329
in that city, village, or township.	330

The primary election ballots, if any, within this envelope	331
are primary election ballots of the ............. Party.	332

Ballots contained within this envelope are to be voted at the	333
.......... (general, special, or primary) election to be held on	334
the .......................... day of ......................, ....	335

My date of birth is ............... (Month and Day),	336
.......... (Year).	337

(Voter must provide one of the following:)

338

My driver's license number is ............... (Driver's	339
license number).	340

The last four digits of my Social Security Number are	341
............... (Last four digits of Social Security Number).	342

...... In lieu of providing a driver's license number or the	343
last four digits of my Social Security Number, I am enclosing a	344
copy of one of the following in the return envelope in which this	345
identification envelope will be mailed: a current and valid photo	346
identification, a military identification, or a current utility	347
bill, bank statement, government check, paycheck, or other	348
government document, other than a notice of voter registration	349
mailed by a board of elections, that shows my name and address.	350

I hereby declare, under penalty of election falsification,	351
that the statements above are true, as I verily believe.	352

			353
	(Signature of Voter)		354

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	355
THE FIFTH DEGREE."	356

The director shall mail with the ballots and the unsealed	357
identification envelope an unsealed return envelope upon the face	358
of which shall be printed the official title and post-office	359
address of the director. In the upper left corner on the face of	360
the return envelope, several blank lines shall be printed upon	361
which the voter may write the voter's name and return address. The	362
return envelope shall be of such size that the identification	363
envelope can be conveniently placed within it for returning the	364
identification envelope to the director.	365

A board of elections that mails or otherwise delivers absent	366
voter's ballots to an elector under this section shall not prepay	367
the return postage for those ballots.	368

Except as otherwise provided in sections 3505.24 and 3509.08	369
of the Revised Code, an election official shall not complete any	370
portion of an identification envelope statement of voter or an	371
absent voter's ballot on behalf of an elector.	372

Sec. 3509.06. (A) The board of elections shall determine	373
whether absent voter's ballots shall be counted in each precinct,	374
at the office of the board, or at some other location designated	375
by the board, and shall proceed accordingly under division (B) or	376
(C) of this section.	377

(B) When the board of elections determines that absent	378
voter's ballots shall be counted in each precinct, the director	379
shall deliver to the presiding judge of each precinct on election	380
day identification envelopes purporting to contain absent voter's	381
ballots of electors whose voting residence appears from the	382
statement of voter on the outside of each of those envelopes, to	383
be located in such presiding judge's precinct, and which were	384
received by the director not later than the close of the polls on	385
election day. The director shall deliver to such presiding judge a	386
list containing the name and voting residence of each person whose	387
voting residence is in such precinct to whom absent voter's	388
ballots were mailed.	389

(C) When the board of elections determines that absent	390
voter's ballots shall be counted at the office of the board of	391
elections or at another location designated by the board, special	392
election judges shall be appointed by the board for that purpose	393
having the same authority as is exercised by precinct judges. The	394
votes so cast shall be added to the vote totals by the board, and	395
the absent voter's ballots shall be preserved separately by the	396
board, in the same manner and for the same length of time as	397
provided by section 3505.31 of the Revised Code.	398

(D) Each of the identification envelopes purporting to	399
contain absent voter's ballots delivered to the presiding judge of	400
the precinct or the special judge appointed by the board of	401
elections shall be handled as follows: The election officials	402
shall compare the signature of the elector on the outside of the	403
identification envelope with the signature of that elector on the	404
elector's registration form and verify that the absent voter's	405
ballot is eligible to be counted under section 3509.07 of the	406
Revised Code. Any of the precinct officials may challenge the	407
right of the elector named on the identification envelope to vote	408
the absent voter's ballots upon the ground that the signature on	409
the envelope is not the same as the signature on the registration	410
form, that the identification envelope statement of voter has not	411
been completed, or upon any other of the grounds upon which the	412
right of persons to vote may be lawfully challenged. If no such	413
challenge is made, or if such a challenge is made and not	414
sustained, the presiding judge shall open the envelope without	415
defacing the statement of voter and without mutilating the ballots	416
in it, and shall remove the ballots contained in it and proceed to	417
count them.	418

The name of each person voting who is entitled to vote only	419
an absent voter's presidential ballot shall be entered in a	420
pollbook or poll list or signature pollbook followed by the words	421
"Absentee Presidential Ballot." The name of each person voting an	422
absent voter's ballot, other than such persons entitled to vote	423
only a presidential ballot, shall be entered in the pollbook or	424
poll list or signature pollbook and the person's registration card	425
marked to indicate that the person has voted.	426

The date of such election shall also be entered on the	427
elector's registration form. If any such challenge is made and	428
sustained, the identification envelope of such elector shall not	429
be opened, shall be endorsed "Not Counted" with the reasons the	430
ballots were not counted, and shall be delivered to the board.	431

(E) Special election judges, employees or members of the	432
board of elections, or observers shall not disclose the count or	433
any portion of the count of absent voter's ballots prior to the	434
time of the closing of the polling places. No person shall	435
recklessly disclose the count or any portion of the count of	436
absent voter's ballots in such a manner as to jeopardize the	437
secrecy of any individual ballot.	438

(F) Observers may be appointed under section 3505.21 of the	439
Revised Code to witness the examination and opening of	440
identification envelopes and the counting of absent voters'	441
ballots under this section.	442

Sec. 3509.07. If election officials find that the statement	443
accompanying an absent voter's ballot or absent voter's	444
presidential ballot is incomplete or insufficient, that the	445
signatures do not correspond with the person's registration	446
signature, that the applicant is not a qualified elector in the	447
precinct, that the ballot envelope contains more than one ballot	448
of any one kind, or any voted ballot that the elector is not	449
entitled to vote, that Stub A is detached from the absent voter's	450
ballot or absent voter's presidential ballot, or that the elector	451
has not included with the elector's ballot any identification	452
required under section 3509.05 or 3511.09 of the Revised Code, the	453
vote shall not be accepted or counted. The vote of any absent	454
voter may be challenged for cause in the same manner as other	455
votes are challenged, and the election officials shall determine	456
the legality of that ballot. Every ballot not counted shall be	457
endorsed on its back "Not Counted" with the reasons the ballot was	458
not counted, and shall be enclosed and returned to or retained by	459
the board of elections along with the contested ballots.	460

Sec. 3511.02. Notwithstanding any section of the Revised	461
Code to the contrary, whenever any person applies for registration	462
as a voter on a form adopted in accordance with federal	463
regulations relating to the "Uniformed and Overseas Citizens	464
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	465
this application shall be sufficient for voter registration and as	466
a request for an absent voter's ballot. Uniformed services or	467
overseas absent voter's ballots may be obtained by any person	468
meeting the requirements of section 3511.011 of the Revised Code	469
by applying electronically to the secretary of state or to the	470
board of elections of the county in which the person's voting	471
residence is located in accordance with section 3511.021 of the	472
Revised Code or by applying to the director of the board of	473
elections of the county in which the person's voting residence is	474
located, in one of the following ways:	475

(A) That person may make written application for those	476
ballots. The person may personally deliver the application to the	477
director or may mail it, send it by facsimile machine, send it by	478
electronic mail, send it through internet delivery if such	479
delivery is offered by the board of elections or the secretary of	480
state, or otherwise send it to the director. The application need	481
not be in any particular form but shall contain all of the	482
following information:	483

(1) The elector's name;

484

(2) The elector's signature;

485

(3) The address at which the elector is registered to vote;

486

(4) The elector's date of birth;

487

(5) One of the following:

488

(a) The elector's driver's license number;

489

(b) The last four digits of the elector's social security	490
number;	491

(c) A copy of the elector's current and valid photo	492
identification, a copy of a military identification, or a copy of	493
a current utility bill, bank statement, government check,	494
paycheck, or other government document, other than a notice of	495
voter registration mailed by a board of elections under section	496
3503.19 of the Revised Code, that shows the name and address of	497
the elector.	498

(6) A statement identifying the election for which absent	499
voter's ballots are requested;	500

(7) A statement that the person requesting the ballots is a	501
qualified elector;	502

(8) A statement that the elector is an absent uniformed	503
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	504

(9) A statement of the elector's length of residence in the	505
state immediately preceding the commencement of service,	506
immediately preceding the date of leaving to be with or near the	507
service member, or immediately preceding leaving the United	508
States, or a statement that the elector's parent or legal guardian	509
resided in this state long enough to establish residency for	510
voting purposes immediately preceding leaving the United States,	511
whichever is applicable;	512

(10) If the request is for primary election ballots, the	513
elector's party affiliation;	514

(11) If the elector desires ballots to be mailed to the	515
elector, the address to which those ballots shall be mailed;	516

(12) If the elector desires ballots to be sent to the elector	517
by facsimile machine, the telephone number to which they shall be	518
so sent;	519

(13) If the elector desires ballots to be sent to the elector	520
by electronic mail or, if offered by the board of elections or the	521
secretary of state, through internet delivery, the elector's	522
electronic mail address or other internet contact information.	523

(B) A voter or any relative of a voter listed in division (C)	524
of this section may use a single federal post card application to	525
apply for uniformed services or overseas absent voter's ballots	526
for use at the primary and general elections in a given year and	527
any special election to be held on the day in that year specified	528
by division (E) of section 3501.01 of the Revised Code for the	529
holding of a primary election, designated by the general assembly	530
for the purpose of submitting constitutional amendments proposed	531
by the general assembly to the voters of the state. A single	532
federal postcard application shall be processed by the board of	533
elections pursuant to section 3511.04 of the Revised Code the same	534
as if the voter had applied separately for uniformed services or	535
overseas absent voter's ballots for each election.	536

(C) Application to have uniformed services or overseas absent	537
voter's ballots mailed or sent by facsimile machine to such a	538
person may be made by the spouse, father, mother, father-in-law,	539
mother-in-law, grandfather, grandmother, brother or sister of the	540
whole blood or half blood, son, daughter, adopting parent, adopted	541
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle,	542
aunt, nephew, or niece of such a person. The application shall be	543
in writing upon a blank form furnished only by the director or on	544
a single federal post card as provided in division (B) of this	545
section. The form of the application shall be prescribed by the	546
secretary of state. The director shall furnish that blank form to	547
any of the relatives specified in this division desiring to make	548
the application, only upon the request of such a relative made in	549
person at the office of the board or upon the written request of	550
such a relative mailed to the office of the board. The	551
application, subscribed and sworn to by the applicant, shall	552
contain all of the following:	553

(1) The full name of the elector for whom ballots are	554
requested;	555

(2) A statement that the elector is an absent uniformed	556
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	557

(3) The address at which the elector is registered to vote;

558

(4) A statement identifying the elector's length of residence	559
in the state immediately preceding the commencement of service,	560
immediately preceding the date of leaving to be with or near a	561
service member, or immediately preceding leaving the United	562
States, or a statement that the elector's parent or legal guardian	563
resided in this state long enough to establish residency for	564
voting purposes immediately preceding leaving the United States,	565
as the case may be;	566

(5) The elector's date of birth;

567

(6) One of the following:

568

(a) The elector's driver's license number;

569

(b) The last four digits of the elector's social security	570
number;	571

(c) A copy of the elector's current and valid photo	572
identification, a copy of a military identification, or a copy of	573
a current utility bill, bank statement, government check,	574
paycheck, or other government document, other than a notice of	575
voter registration mailed by a board of elections under section	576
3503.19 of the Revised Code, that shows the name and address of	577
the elector.	578

(7) A statement identifying the election for which absent	579
voter's ballots are requested;	580

(8) A statement that the person requesting the ballots is a	581
qualified elector;	582

(9) If the request is for primary election ballots, the	583
elector's party affiliation;	584

(10) A statement that the applicant bears a relationship to	585
the elector as specified in division (C) of this section;	586

(11) The address to which ballots shall be mailed, the	587
telephone number to which ballots shall be sent by facsimile	588
machine, the electronic mail address to which ballots shall be	589
sent by electronic mail, or, if internet delivery is offered by	590
the board of elections or the secretary of state, the internet	591
contact information to which ballots shall be sent through	592
internet delivery;	593

(12) The signature and address of the person making the	594
application.	595

Each application for uniformed services or overseas absent	596
voter's ballots shall be delivered to the director not earlier	597
than the first day of January of the year of the elections for	598
which the uniformed services or overseas absent voter's ballots	599
are requested or not earlier than ninety days before the day of	600
the election at which the ballots are to be voted, whichever is	601
earlier, and not later than twelve noon of the third day preceding	602
the day of the election, or not later than six p.m. on the last	603
Friday before the day of the election at which those ballots are	604
to be voted if the application is delivered in person to the	605
office of the board.	606

(D) If the voter for whom the application is made is entitled	607
to vote for presidential and vice-presidential electors only, the	608
applicant shall submit to the director in addition to the	609
requirements of divisions (A), (B), and (C) of this section, a	610
statement to the effect that the voter is qualified to vote for	611
presidential and vice-presidential electors and for no other	612
offices.	613

(E) A board of elections that mails a federal post card	614
application or other absent voter's ballot application to an	615
elector under this section shall not prepay the return postage for	616
that application.	617

(F) Except as otherwise provided in sections 3505.24 and	618
3509.08 of the Revised Code, an election official shall not	619
complete any portion of a federal post card application or other	620
application for absent voter's ballots on behalf of an applicant.	621

Sec. 3511.04. (A) If a director of a board of elections	622
receives an application for uniformed services or overseas absent	623
voter's ballots that does not contain all of the required	624
information, the director promptly shall notify the applicant of	625
the additional information required to be provided by the	626
applicant to complete that application.	627

(B) Not later than the forty-fifth day before the day of each	628
general or primary election, and at the earliest possible time	629
before the day of a special election held on a day other than the	630
day on which a general or primary election is held, the director	631
of the board of elections shall mail, send by facsimile machine,	632
send by electronic mail, send through internet delivery if such	633
delivery is offered by the board of elections or the secretary of	634
state, or otherwise send uniformed services or overseas absent	635
voter's ballots then ready for use as provided for in section	636
3511.03 of the Revised Code and for which the director has	637
received valid applications prior to that time. Thereafter, and	638
until twelve noon of the third day preceding the day of election,	639
the director shall promptly, upon receipt of valid applications	640
for them, mail, send by facsimile machine, send by electronic	641
mail, send through internet delivery if such delivery is offered	642
by the board of elections or the secretary of state, or otherwise	643
send to the proper persons all uniformed services or overseas	644
absent voter's ballots then ready for use.	645

If, after the seventieth day before the day of a general or	646
primary election, any other question, issue, or candidacy is	647
lawfully ordered submitted to the electors voting at the general	648
or primary election, the board shall promptly provide a separate	649
official issue, special election, or other election ballot for	650
submitting the question, issue, or candidacy to those electors,	651
and the director shall promptly mail, send by facsimile machine,	652
send by electronic mail, send through internet delivery if such	653
delivery is offered by the board of elections or the secretary of	654
state, or otherwise send each such separate ballot to each person	655
to whom the director has previously mailed or sent other uniformed	656
services or overseas absent voter's ballots.	657

A board of elections that mails or otherwise delivers	658
uniformed services or overseas absent voter's ballots to an	659
elector under this section shall not prepay the return postage for	660
those ballots. In mailing uniformed services or overseas absent	661
voter's ballots, the director shall use the fastest mail service	662
available, but the director shall not mail them by certified mail.	663

Sec. 3511.05. (A) The director of the board of elections	664
shall place uniformed services or overseas absent voter's ballots	665
sent by mail in an unsealed identification envelope, gummed ready	666
for sealing. The director shall include with uniformed services or	667
overseas absent voter's ballots sent electronically, including by	668
facsimile machine, an instruction sheet for preparing a gummed	669
envelope in which the ballots shall be returned. The envelope for	670
returning ballots sent by either means shall have printed or	671
written on its face a form substantially as follows:	672

"Identification Envelope Statement of Voter	673

I, ........................(Name of voter), declare under	674
penalty of election falsification that the within ballot or	675
ballots contained no voting marks of any kind when I received	676
them, and I caused the ballot or ballots to be marked, enclosed in	677
the identification envelope, and sealed in that envelope.	678

My voting residence in Ohio is

679

...................................................................	680

(Street and Number, if any, or Rural Route and Number)	681

of ................................ (City, Village, or Township)	682
Ohio, which is in Ward ............... Precinct ................	683
in that city, village, or township.	684

The primary election ballots, if any, within this envelope	685
are primary election ballots of the ............. Party.	686

Ballots contained within this envelope are to be voted at the	687
.......... (general, special, or primary) election to be held on	688
the .......................... day of ......................, ....	689

My date of birth is ............... (Month and Day),	690
.......... (Year).	691

(Voter must provide one of the following:)

692

My driver's license number is ............... (Driver's	693
license number).	694

The last four digits of my Social Security Number are	695
............... (Last four digits of Social Security Number).	696

...... In lieu of providing a driver's license number or the	697
last four digits of my Social Security Number, I am enclosing a	698
copy of one of the following in the return envelope in which this	699
identification envelope will be mailed: a current and valid photo	700
identification, a military identification, or a current utility	701
bill, bank statement, government check, paycheck, or other	702
government document, other than a notice of voter registration	703
mailed by a board of elections, that shows my name and address.	704

I hereby declare, under penalty of election falsification,	705
that the statements above are true, as I verily believe.	706

			707
	(Signature of Voter)		708

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	709
THE FIFTH DEGREE."	710

(B) The director shall also mail with the ballots and the	711
unsealed identification envelope sent by mail an unsealed return	712
envelope, gummed, ready for sealing, for use by the voter in	713
returning the voter's marked ballots to the director. The director	714
shall send with the ballots and the instruction sheet for	715
preparing a gummed envelope sent electronically, including by	716
facsimile machine, an instruction sheet for preparing a second	717
gummed envelope as described in this division, for use by the	718
voter in returning that voter's marked ballots to the director.	719
The return envelope shall have two parallel lines, each one	720
quarter of an inch in width, printed across its face paralleling	721
the top, with an intervening space of one quarter of an inch	722
between such lines. The top line shall be one and one-quarter	723
inches from the top of the envelope. Between the parallel lines	724
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR	725
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	726
lines shall be printed in the upper left corner on the face of the	727
envelope for the use by the voter in placing the voter's complete	728
military, naval, or mailing address on these lines, and beneath	729
these lines there shall be printed a box beside the words "check	730
if out-of-country." The voter shall check this box if the voter	731
will be outside the United States on the day of the election. The	732
official title and the post-office address of the director to whom	733
the envelope shall be returned shall be printed on the face of	734
such envelope in the lower right portion below the bottom parallel	735
line.	736

(C) On the back of each identification envelope and each	737
return envelope shall be printed the following:	738

"Instructions to voter:	739

If the flap on this envelope is so firmly stuck to the back	740
of the envelope when received by you as to require forcible	741
opening in order to use it, open the envelope in the manner least	742
injurious to it, and, after marking your ballots and enclosing	743
same in the envelope for mailing them to the director of the board	744
of elections, reclose the envelope in the most practicable way, by	745
sealing or otherwise, and sign the blank form printed below.	746

The flap on this envelope was firmly stuck to the back of the	747
envelope when received, and required forced opening before sealing	748
and mailing.	749

			750
	(Signature of voter)"		751

(D) Division (C) of this section does not apply when absent	752
voter's ballots are sent electronically, including by facsimile	753
machine.	754

(E) Except as otherwise provided in sections 3505.24 and	755
3509.08 of the Revised Code, an election official shall not	756
complete any portion of an identification envelope statement of	757
voter or an absent voter's ballot on behalf of an elector.	758

Sec. 3511.10. If, after the thirty-fifth day and before the	759
close of the polls on the day of a general or primary election, a	760
valid application for uniformed services or overseas absent	761
voter's ballots is delivered to the director of the board of	762
elections at the office of the board by a person making the	763
application on the person's own behalf, the director shall	764
forthwith deliver to the person all uniformed services or overseas	765
absent voter's ballots then ready for use, together with an	766
identification envelope. The person shall then immediately retire	767
to a voting booth in the office of the board, and mark the	768
ballots. The person shall then fold each ballot separately so as	769
to conceal the person's markings thereon, and deposit all of the	770
ballots in the identification envelope and securely seal it.	771
Thereupon the person shall fill in answers to the questions on the	772
face of the identification envelope, and by writing the person's	773
usual signature in the proper place thereon, the person shall	774
declare under penalty of election falsification that the answers	775
to those questions are true and correct to the best of that	776
person's knowledge and belief. The person shall then deliver the	777
identification envelope to the director. If thereafter, and before	778
the third day preceding such election, the board provides	779
additional separate official issue or special election ballots, as	780
provided for in section 3511.04 of the Revised Code, the director	781
shall promptly, and not later than twelve noon of the third day	782
preceding the day of election, mail such additional ballots to	783
such person at the address specified by that person for that	784
purpose. Except as otherwise provided in sections 3505.24 and	785
3509.08 of the Revised Code, an election official shall not	786
complete any portion of an application for absent voter's ballots,	787
an identification envelope statement of voter, or an absent	788
voter's ballot on behalf of an applicant.	789

In the event any person serving in the armed forces of the	790
United States is discharged after the closing date of	791
registration, and that person or that person's spouse, or both,	792
meets all the other qualifications set forth in section 3511.011	793
of the Revised Code, the person or spouse shall be permitted to	794
vote prior to the date of the election in the office of the board	795
in the person's or spouse's county, as set forth in this section.	796

Section 2. That existing sections 3501.05, 3505.24, 3509.03,	797
3509.04, 3509.06, 3509.07, 3511.02, 3511.04, 3511.05, and 3511.10	798
of the Revised Code are hereby repealed.	799